File No. 19058 Item No.6 __..;:_;...... :_,;:_~----
SUNSHINE ORDINANCE TASK FORCE AGENDA PACKET CONTENTS LIST
Complaint Committee Date: July 23, 2019
D Petition/Complaint Page: \\ v D Memorandum - Deputy City Attorney Page:--\\ 1.0 D Petitioner/Complainant Supporting Documents Page:___lV' D Respondent's Response Page:_\ 7 ~ D Public Correspondence Page:_ D Order of Determination Page:_ D Minutes Page:_ D Administrator's Report Page:_ D No Attachments
OTHER D D D D D D D D D
Completed by:_---=C:..:.... -=L=e=g=er,______Date 7/17/19
*An asterisked item represents the cover sheet to a document that exceeds 25 pages. The complete document is in the file.
P111 Leger, Cheryl (BOS)
From: .Google Forms
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Your form has a new entry.
Here are the results.
Complaint against which Department or San Francisco Fine Arts Museums (including COFAM and FAMF) Commission
Name of individual contacted at Department Melissa Powers or Commission
Alleged Violation Public Records
Sunshine Ordinance Section:
Please describe alleged Failure to provide records in compliance with the law. violation
Name Robert M. Smith
1 P112 Email [email protected]
Sent via Google Forms Email
2 P113 ROBERT M. SMITH 127 Lawton Street San Francisco, CA 94122
Immedjate Disclosure Request (Sent by email on June 5, 2019)
SUNSHINE ACT/FREEDOM OF INFORMATION ACT/PUBLIC RECORDS REQUEST
Ms. Melissa Powers Manager, Board Relations and Special Projects Fine Arts Museums of San Francisco 50 Hagiwara Tea Garden Drive Golden Gate Park San Francisco, CA 941118
Subject: SUNSHINE ACT REQUEST/FREEDOM OF INFORMATION ACT/PUBLIC RECORDS REQUEST
Dear Ms. Powers,
I request under the Sunshine Act and the California Public Records Act a copy of all documents in the possession of and/or under the custody and/or control of the Fine Arts Museums of San Francisco {hereinafter referred to as "the Museums") relating in any fashion to the subject matters described below. This request includes all documents (including electronic materials) of any kind, however and wherever stored and/or maintained, relating in any manner whatsoever to the subject matters described below, whenever created, by whomsoever created, and in whatever fashion created, including without limitation intra-departmental and inter-departmental notes, memos, e-mails, and correspondence. Please note: This includes work-related email and text messages sent on government employees' personal devices through their private accounts. See City of San Jose v. Superior Court of Santa Clara County (California Supreme Court Case No. S218066) (Issued on March 2, 2017). Please further note: This Request includes all documents hereinabove described in the possession of and/or under the custody and/or control of COFAM (the Corporation of the Fine Arts Museums) and FAMF (the Fine Arts Museum Foundation).
Thank you again very much for your kind assistance, Ms. Powers.
Robert M. Smith [email protected] {+1) 415.242.9800
P114 1 (OF 1). All documents relating in any fashion to the stepping down of Diane B. Wilsey as President of the Board of the Fine Arts Museum of San Francisco (FAMSF) and as Chair of the Board ofthe Corporation ofthe Fine Arts Museums (COFAM) Board and Mrs. Wilsey's assuming the role of Chair Emerita of the FAMSF and COFAM Boards.
P115 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY
DENNIS J. HERRERA PEDER J. V. THOREEN City Attorney Deputy City Attorney
Direct Dial: (415) 554-3846 Email: [email protected]
MEMORANDUM PRIVILEGED AND CONFIDENTIAL TO: Sunshine Ordinance Task Force FROM: Peder J. V. Thoreen Deputy City Attorney DATE: July 18, 2019 RE: Complaint No. 19058: Robert Smith v. Fine Arts Museum of San Francisco
COMPLAINT Complainant Robert Smith ("Complainant") alleges that the Fine Arts Musuems of of San Francisco ("F AMSF") violated public records laws by failing to respond to Complainant's Immediate Disclosure Request ("IDR"). COMPLAINANT FILES COMPLAINT On June 5, 2019, Complainant filed a complaint with the Task Force regarding F AMSF's alleged failure to respond to Complainant's IDR in a complete manner. JURISDICTION The FAMSF is a department subject to the provisions of the Sunshine Ordinance and the California Records Act ("CPRA") regarding records requests. Respondent does not contest jurisdiction to hear this complaint. APPLICABLE STATUTORY SECTIONS Section 67 of the San Francisco Administrative Code: • Section 67.21(b) provides the timeframe for complying with public records requests. • Section 67.25(a) governs the timeframe for responding to immediate disclosure requests ("ID Rs "). Section 6253 ofthe Cal. Govt. Code (CPRA) • Section 6253(c) governs the timeframe in which general requests for public documents must be honored. APPLICABLE CASE LAW •None BACKGROUND Complainant requested "[a]ll documents relating in any fashion to the stepping down of Diane B. Wilsey as President of the Board." Respondent has produced a number of documents responsive to Complainant's request. However, Complainant contends that the document production is incomplete.
Fox PLAZA · 1390 MARKET STREET, 7TH FLOOR · SAN FRANCISCO, CALIFORNIA 94102-5408 RECEPTION: (415) 554-3800 ·FACSIMILE: (415) 437-4644
n:\codenf\as2019\9600241 \01377226.docx
P116 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CiTY ATTORNEY
MEMORANDUM PRIVILEGED & CONFIDENTIAL
TO: Sunshine Ordinance Task Force DATE: July 18, 2019 PAGE: 2d RE: Complaint No. 19058: Robert Smith v. Fine Arts Museum of San Francisco
QUESTIONS THAT MIGHT ASSIST IN DETERMINING FACTS • What additional documents does Complainant claim have been withhedl? On what basis? LEGAL ISSUES/LEGAL DETERMINATIONS • Did Responent violate Administrative Code Section 67.21(b) and CPRA Section 6253(c) by allegedly failing to satisfy Complainant's IDR? CONCLUSION THE TASK FORCE FINDS THE FOLLOWING FACTS TO BE TRUE: THE TASK FORCE FINDS THE ALLEGED VIOLATIONS TO BE TRUE OR NOT TRUE. * * *
n:\codenf\as20 19\9600241\013 77226 .docx
P117 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY
MEMORANDUM PRIVILEGED&. CONFIDENTIAL
TO: Sunshine Ordinance Task Force DATE: July 18,2019 PAGE: 3d RE: Complaint No. 19058: Robert Smith v. Fine Arts Museum of San Francisco
CHAPTER 67, SAN FRANCISCO ADMINISTRATIVE CODE (SUNSHINE ORDINANCE) SEC. 67.21. PROCESS FOR GAINING ACCESS TO PUBLIC RECORDS; ADMINISTRATIVE APPEALS. (b) A custodian of a public record shall, as soon as possible and within ten days following receipt of a request for inspection or copy of a public record, comply with such request. Such request may be delivered to the office of the custodian by the requester orally or in writing by fax, postal delivery, or e-mail. If the custodian believes the record or information requested is not a public record or is exempt, the custodian shall justify withholding any record by demonstrating, in writing as soon as possible and within ten days following receipt of a request, that the record in question is exempt under express provisions of this ordinance. SEC. 67.25. IMMEDIACY OF RESPONSE (a) Notwithstanding the 10-day period for response to a request permitted in Government Code Section 6256 and in this Article, a written request for information described in any category of non-exempt public information shall be satisfied no later than the close of business on the day following the day of the request. This deadline shall apply only if the words "Immediate Disclosure Request" are placed across the top of the request and on the envelope, subject line, or cover sheet in which the request is transmitted. Maximum deadlines provided in this article are appropriate for more extensive or demanding requests, but shall not be used to delay fulfilling a simple, routine or otherwise readily answerable request. (b) If the voluminous nature of the information requested, its location in a remote storage facility or the need to consult with another interested department warrants an extension of 10 days as provided in Government Code Section 6456.1, the requester shall be notified as required by the close of business on the business day following the request. (c) The person seeking the information need not state his or her reason for making the request or the use to which the information will be put, and requesters shall not be routinely asked to make such a disclosure. Where a record being requested contains information most of which is exempt from disclosure under the California Public Records Act and this article, however, the City Attorney or custodian of the record may inform the requester of the nature and extent of the non-exempt information and inquire as to the requester's purpose for seeking it, in order to suggest alternative sources for the information which may involve less redaction or to otherwise prepare a response to the request. (d) Notwithstanding any provisions of California Law or this ordinance, in response to a request for information describing any category of non-exempt public information, when so requested, the City and County shall produce any and all responsive public records as soon as reasonably possible on an incremental or "rolling" basis such that responsive records are produced as soon as possible by the end of the same business day that they are reviewed and collected. This section is intended to prohibit the withholding of public records that are responsive to a records request until all potentially responsive documents have been reviewed and collected. Failure to comply with this provision is a violation of this Article. CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY
n:\codenf\as20 19\9600241\01377226 .docx
P118 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY
MEMORANDUM PRIVILEGED & CONFIDENTIAL
TO: Sunshine Ordinance TaskForce DATE: July 18, 2019 PAGE: 4d RE: Complaint No. 19058: Robert Smith v. Fine Arts Museum of San Francisco
MEMORANDUM TO: Sunshine Ordinance Task Force DATE: June 14,2018 PAGE: 4 · RE: Complaint No. 18047- Anonymous v. San Francisco Municipal Transportation CALIFORNIA PUBLIC RECORDS ACT (GOVT CODE SECTION 6250 ET SEQ.) SECTION 6253 (b) Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so. (c) Each agency, upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in whole or in part, seeks copies of disclosable public records in the possession of the agency and shall promptly notify the person making the request of the determination and the reasons therefor. In unusual circumstances, the time limit prescribed in this section may be extended by written notice by the head of the agency or his or her designee to the person making the request, setting forth the reasons for the extension and the date on which a determination is expected to be dispatched. No notice shall specify a date that would result in an extension for more than 14 days. When the agency dispatches the detennination, and if the agency determines that the request seeks disclosable public records, the agency shall state the estimated date and time when the records will be made available. As used in this section, "unusual circumstances" means the following, but only to the extent reasonably necessary to the proper processing of the particular request: (1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. (2) The need to search for, collect, and appropriately examine a voluminous amount cif separate and distinct records that are demanded in a single request. (3) The need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein. (4) The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data.
n:\codenf\as20 19\9600241\013 77226.docx
P11 9 Sunshine Ordinance Task Force Complaint Summary
File No. 19058
Robert M. Smith v. Fine Arts Museums
Date filed with SOTF: 9/5/18
Contacts information (Complainant information listed first): Robert M. Smith ([email protected]) (Complainant) Melissa Powers ([email protected]), Fine Arts Museums of San Francisco, (Respondent)
File No. 19058: Complaint filed by Robert M. Smith against the Fine Arts Museum of San Francisco for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.25, by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner.
Administrative Summary if applicable:
Complaint Attached.
P120 o lainant/Petiti ners ocuments Sub issi n
P121 Leger, Cheryl (BOS)
From: Robert M. Smith < [email protected] > Sent: Wednesday, July 10, 2019 10:08 AM To: SOTF, (BOS) Subject: RE: SOTF- Updated Notice of Appearance - Complaint Committee; July 23, 2019 5:30 p.m.
This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Hi,
1. Re: 19058-- I never received a response from you to my question sent a while ago. I asked: Did you get a response from the Museum? 2. Re: 18049- There are allegedly "a couple of hundred documents" owed me, according to the Museums. I have received none of these. 3. Re; 18083 -I have received- still- no financial documents, which are what I requested. 4. I was told all of my matters would be scheduled for the same hearing ... ? This does not seem to be what is happening.
Thank you, Robert M. Smith
Pf22 Leger, Cheryl (BOS)
From: Robert M. Smith
This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Have you gotten a response from the Museums about this Complaint? Thank you.
Robert M. Smith
Pi23 Leger, Cheryl (BOS)
From: Robert M. Smith
r~ 1! This message is from outside the City email system. Do not open links or attachments from untrusted sources. Ll
The email chain below is self-explanatory. I request that this matter now be reviewed by SOTF. I believe the violation is obvious and self-admitted by the Museums.
I would ask that this new matter be heard at the same meetings as the other two cases now pending against the Museums to save the time and energy of everyone involved.
Thank you,
Robert M. Smith
from: Robert M. Smith [mailto:[email protected]] Sent: Wednesday, June 19, 2019 4:58 PM To: 'Melissa Powers' Cc: 'SOTF, (BOS)' Subject: RE: Out of compliance with the law Importance: High
. Dear Ms. Powers,
You agreed in an earlier email (please see below) that today was the d.eadline. The Museums have already invoked the only extension the law entitles them to. I am certain you, and the City Attorney's Office, which you said is advising the Museums, know this. The Museums seem, yet again, to be out of compliance with the law.
Sincerely,
Robert M. Smith
from: Melissa Powers [mailto:[email protected]] Sent: Wednesday, June 19, 2019 4:46 PM To: Robert M. Smith Cc: SOTF, (BOS) Subject: Re: PRR/IDR of June 5 -- deadline for extension invoke
Mr. Smith,
1 P124 I apologize for waiting until the end of day to respond, but in response to your request (for: All documents relating in any fashion to the stepping down of Diane B. Wilsey as President ofthe Board of the Fine Arts Museum of San Francisco {FAMSF) and as Chair ofthe Board of the Corporation of the Fine Arts Museums {COFAM) Board and Mrs. Wilsey's assuming the role of Chair Emerita of the FAMSF and COFAM Boards), the Fine Arts Museums of San Francisco is still conducting its review. Thank you for your patience.
On behalfofFAMSF,
Melissa Powers Manager of Board Relations and Special Projects
Fine Arts Museums of San Francisco de Young Legion of Honor
Golden Gate Park I 50 Hagiwara Tea Garden Drive I San Francisco, CA 94118 p 415.750.3690 e [email protected] I famsf.org
On Sat, Jun 8, 2019 at 5:42PM Robert M. Smith
Can we agree, Ms. Powers, that with the 14-day extension you have chosen to invoke, the Museums' deadline for providing me with the documents is now 5 p.m. on Wednesday, June 19, 2019? Thank you.
Robert M. Smith
From: Melissa Powers [mailto:[email protected]] Sent: Thursday, June 06, 2019 4:58 PM To: RMS; SOTF, (BOS) Subject: PRR/IDR of June 5
Mr. Smith,
Please be advised that the Fine Arts Museums of San Francisco are hereby invoking an extension of time to respond to your Immediate Disclosure Request for: 1 (OF 1). All documents relating in any fashion to the stepping down of Diane B. Wilsey as President ofthe Board of the Fine Arts Museum of San Francisco (FAMSF) and as Chair of the Board of the Corporation ofthe Fine Arts Museums . (COFAM) Board and Mrs. Wilsey's assuming the role of Chair Emerita of the FAMSF and COFAM Boards.
We are invoking the extension of time under Government Code Section 6253(c) and San Francisco Administrative Code Section 67.25(b) because of the need to consult with another interested agency, specifically the City Attorney's Office.
I have attached agendas related to the June 4 FAMSF meeting, as well as the staff announcement by the Director.
On behalfofFAMSF,
Melissa Powers Manager of Board Relations and Special Projects
Fine Arts Museums of San Francisco de Young Legion of Honor
Golden Gate Park I 50 Hagiwara Tea Garden Drive I San Francisco, CA 94118 p 415.750.3690
e [email protected] I famsf.org
pfzs Leger, Cher I (BOS)
From: Robert M. Smith
This message is from outside the City email system. Do not open links or attachments from untrusted sources.
The email chain below is self-explanatory. I request that this matter now be reviewed by SOTF. I believe the violation is obvious and self-admitted by the Museums.
I would ask that this new matter be heard at the same meetings as the other two cases now pending against the Museums to save the time and energy of everyone involved.
Thank you,
Robert M. Smith
From: Robert M. Smith [mailto:[email protected]] Sent: Wednesday, June 19, 2019 4:58PM To: 'Melissa Powers' Cc: 'SOTF, (BOS)' Subject: RE: Out of compliance with the law Importance: High
Dear Ms. Powers,
You agreed in an earlier email (please see below) that today was the deadline. The Museums have already invoked the only extension the law entitles them to. I am certain you, and the City Attorney's Office, which you said is advising the Museums, know this. The Museums seem, yet again, to be out of compliance with the law.
Sincerely,
Robert M. Smith
From: Melissa Powers [mailto:[email protected]] Sent: Wednesday, June 19, 2019 4:46PM To: Robert M. Smith Cc: SOTF, (BOS) Subject: Re: PRR/IDR of June 5 --deadline for extension invoke
Mr. Smith, I apologize for waiting until the end of day to respond, but in response to your request (for: All documents relating in any fashion to the stepping down of Diane B. Wilsey as President ofthe Board oft he Fine Arts Museum of San Francisco (FAMSF) and as Chair ofthe Board of the Corporation of the Fine Arts Museums (COFAM) Board and Mrs. Wilsey's assuming the role of Chair Emerita of the FAMSF and COFAM Boards), the Fine Arts Museums of San Francisco is still conducting its review. Thank you for your patience.
On behalfofFAMSF,
Melissa Powers Manager of Board Relations and Special Projects
Fine Arts Museums of San Francisco de Young Legion of Honor
Golden Gate Park I 50 Hagiwara Tea Garden Drive I San Francisco, CA 94118 p 415.750.3690 e [email protected] I famsf.org
On Sat, Jun 8, 2019 at 5:42PM Robert M. Smith
Can we agree, Ms. Powers, that with the 14-day extension you have chosen to invoke, the Museums' deadline for providing me with the documents is now 5 p.m. on Wednesday, June 19, 2019? Thank you.
Robert M. Smith
------·--·----··------··--- From: Melissa Powers [mailto:[email protected]] Sent: Thursday, June 06, 2019 4:58 PM To: RMS; SOTF, (BOS) Subject: PRR/IDR of June 5
Mr. Smith,
Please be advised that the Fine Arts Museums of San Francisco are hereby invoking an extension of time to respond to your Immediate Disclosure Request for:
Pf28 1 (OF 1). All documents relating in any fashion to the stepping down of Diane B. Wilsey as President of the Board of the Fine Arts Museum of San Francisco (FAMSF) and as Chair ofthe Board of the Corporation ofthe Fine Arts Museums (COFAM) Board and Mrs. Wilsey's assuming the role of Chair Emerita ofthe FAMSF and COFAM Boards.
We are invoking the extension of time under Government Code Section 6253(c) and San Francisco Administrative Code Section 67.25(b) because ofthe need to consult with another interested agency, specifically the City Attorney's Office.
I have attached agendas related to the June 4 FAMSF meeting, as well as the staff announcement by the Director.
On behalfofFAMSF,
Melissa Powers Manager of Board Relations and Special Projects
Fine Arts Museums of San Francisco de Young Legion of Honor
Golden Gate Park \50 Hagiwara Tea Garden Drive I San Francisco, CA 94118 p 415.750.3690 e [email protected] I famsf.org
PT29 Leger, Cheryl (BOS)
From: Robert M. Smith
Importance: High
This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Dear !\lis. Powers,
You agreed in an earlier email (please see below) that today was the deadline. The Museums have already invoked the only extension the law entitles them to. I am certain you, and the City Attorney's Office, which you said is advising the Museums, know this. The Museums seem, yet again, to be out of compliance with the law.
Sincerely,
Robert M. Smith
From: Melissa Powers [mailto:[email protected]] Sent: Wednesday, June 19, 2019 4:46PM To: Robert M. Smith Cc: SOTF, (BOS) Subject: Re: PRR/IDR of June 5 --deadline for extension invoke
Mr. Smith,
I apologize for waiting until the end of day to respond, but in response to your request (for: All documents relating in any fashion to the stepping down of Diane B. Wilsey as President of the Board of the Fine Arts Museum of San Francisco {FAMSF) and as Chair ofthe Board ofthe Corporation of the Fine Arts Museums {COFAM) Board and Mrs. Wilsey's assuming the role of Chair Emerita ofthe FAMSF and COFAM Boards), the Fine Arts Museums of San Francisco is still conducting its review. Thank you for your patience.
On behalf ofFAMSF,
Melissa Powers Manager of Board Relations and Special Projects
Fine Alis Museums of San Francisco de Young Legion of Honor
1 P130 Golden Gate Park I 50 Hagiwara Tea Garden Drive I San Francisco, CA 94118 p 415.750.3690 e [email protected] I famsf.org
On Sat, Jun 8, 2019 at 5:42PM Robert M. Smith
Can we agree, Ms. Powers, that with the 14-day extension you have chosen to invoke, the Museums' deadline for providing me with the documents is now 5 p.m. on Wednesday, June 19, 2019? Thank you.
Robert M. Smith
From: Melissa Powers [mailto:[email protected]] Sent: Thursday, June 06, 2019 4:58 PM To: RMS; SOTF, (BOS) Subject: PRR/IDR of June 5
Mr. Smith,
Please be advised that the Fine Arts Museums of San Francisco are hereby invoking an extension of time to respond to your Immediate Disclosure Request for: ·
1 (OF 1). All documents relating in any fashion to the stepping down of Diane B. Wilsey as President of the Board of the Fine Arts Museum of San Francisco (FAMSF) and as Chair ofthe Board of the Corporation ofthe Fine Arts Museums (COFAM) Board and Mrs. Wilsey's assuming the role of Chair Emerita of the FAMSF and COFAM Boards.
We are invoking the extension of time under Government Code Section 6253(c) and San Francisco Administrative Code Section 67.25(b) because of the need to consult with another interested agency, specifically the City Attorney's Office.
2 P131 I have attached agendas related to the June 4 F AMSF meeting, as well as the staff announcement by the Director.
On behalfofFAMSF,
Melissa Powers Manager of Board Relations and Special Projects
Fine Arts Museums of San Francisco de Young Legion of Honor
Golden Gate Park I 50 Hagiwara Tea Garden Drive I San Francisco, CA 94118 p 415.750.3690 e [email protected] I famsf.org
3 P132 I (BOS)
From: Melissa Powers
This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Mr. Smith,
Agreed- thank you,
On behalf of FAMSF, Melissa Powers Manager of Board Relations and Special Projects
Fine Arts Museums of San Francisco de Young Legion of Honor
Golden Gate Park I 50 Hagiwara Tea Garden Drive I San Francisco, CA 94118 p 415.750.3690 e [email protected] I famsf.org
On Sat, Jun 8, 2019 at 5:42PM Robert M. Smith
Can we agree, Ms. Powers, that with the 14-day extension you have chosen to invoke, the Museums' deadline for providing me with the documents is now 5 p.m. on Wednesday, June 19,20197 Thank you.
Robert M. Smith
------··----·--- From: Melissa Powers [mailto:[email protected]] Sent: Thursday, June 06, 2019 4:58 PM To: RMS; SOTF, (BOS) Subject: PRR/IDR of June 5 Mr. Smith,
Please be advised that the Fine Arts Museums of San Francisco are hereby invoking an extension of time to respond to your Immediate Disclosure Request for:
1 (OF 1). All documents relating in any fashion to the stepping down of Diane B. Wilsey as President of the Board of the Fine Arts Museum of San Francisco (FAMSF) and as Chair of the Board of the Corporation ofthe Fine Arts Museums (COFAM) Board and Mrs. Wilsey's assuming the role of Chair Emerita of the FAMSF and COFAM Boards.
We are invoking the extension of time ur:1der Government Code Section 6253(c) and San Francisco Administrative Code Section 67.25(b) because of the need to consult with another interested agency, specifically the City Attorney's Office.
I have attached agendas related to the June 4 FAMSF meeting, as ~ell as the staff announcement by the Director.
On behalf of FAMSF,
Melissa Powers· Manager of Board Relations and Special Projects
Fine Arts Museums of San Francisco de Young Legion of Honor
Golden Gate Park I 50 Hagiwara Tea Garden Drive I San Francisco, CA 94118 p 415.750.3690 e [email protected] I famsf.org
2 P134 I (BOS)
From: Robert M. Smith
This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Can we agree, Ms. Powers, that with the 14-day extension you have chosen to invoke, the Museums' deadline for providing me with the documents is now 5 p.m. on Wednesday, June 19, 20197 Thank you.
Robert M. Smith
From: Melissa Powers [mailto:[email protected]] Sent: Thursday, June 06, 2019 4:58 PM To: RMS; SOTF, (BOS) Subject: PRR/IDR of June 5
Mr. Smith,
Please be advised that the Fine Arts Museums of San Francisco are hereby invoking an extension of time to respond to your Immediate Disclosure Request for:
1 (OF 1). All documents relating in any fashion to the stepping down of Diane B. Wilsey as President of the Board of the Fine Arts Museum of San Francisco (FAMSF) and as Chair ofthe Board of the Corporation ofthe Fine Arts Museums (COFAM) Board and Mrs. Wilsey's assuming the role of Chair Emerita of the FAMSF and COFAM Boards.
We are invoking the extension oftime under Government Code Section 6253(c) and San Francisco Administrative Code Section 67.25(b) because of the need to consult with another interested agency, specifically the City Attorney's Office.
I have attached agendas related to the June 4 F AMSF meeting, as well as the staff announcement by the Director.
On behalf ofFAMSF,
Melissa Powers Manager of Board Relations and Special Projects
Fine Arts Museun1s of San Francisco de Young Legion of Honor 1 P135 Golden Gate Park ISO Hagiwara Tea Garden Drive I San Francisco, CA 94118 p 415.750.3690 e [email protected] I famsf.org
2 P136 es ndents cu ent Su · issi n
P137 SOTF FILE NO: 19058- Respondent's Response
The Fine Arts Museums of San Francisco (FAMSF), Respondent in SOTF File No. 19058, received Mr. Smith's Immediate Disclosure Request on June 5, 2019. On June 6. 2019 the Fine Arts Museums of San Francisco informed Mr. Smith that the Department was invoking an extension of time under Government Code Section 6253(c) and San Francisco Administrative Code Section 67.25(b) because of the need to consult with another interested agency, specifically the City Attorney's Office. In addition, on June 6, 2019, the FAMSF provided Mr. Smith with two previously posted agendas, related to the June · 4, 2019 Board Meetings, and responsive to his request. FAMSF also provided a Staff Announcement, released by the Director. Since that time, FAMSF has provided seven additional documents responsive to Mr. Smith's request.
FAMSF will produce any additional responsive records as soon as reasonably possible. I (BOS)
From: Melissa Powers < [email protected] > Sent: Tuesday, July 16, 2019 4:47 PM To: RMS; SOTF, (BOS) Subject: SOTF Fl LE 19058 Attachments: mCofamExec.Nominating.JointMeeting.04-9-19.2.pdf; anomc 10-16-18v2.pdf; anomc 5.15.18.pdf; Appendix A- mnomc 5.15.pdf; mnomc 3-19-19.pdf; Nominating Agenda Items 5-19.pdf; DraftTalkingPoints(6.4.19).pdf
This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Mr. Smith,
I am attaching documents in response to your request for:
1 (OF 1). All documents relating in any fashion to the stepping down ot Diane B. Wilsey as President of the Board of the Fine Arts Museum of San Francisco (FAMSF) and as Chair of the Board of the Corporation of the Fine Arts Museums (COFAM) Board and Mrs. Wilsey's assuming the role of Chair Emerita of the FAMSF and COFAM Boards.
FAMSF will produce any additional responsive records as soon as reasonably possible. Thank you, on behalf of FAMSF. Melissa Powers Manager of Board Relations and Special Projects
Fine Arts Museums of San Francisco de Young Legion of Honor
Golden Gate Park I 50 Hagiwara Tea Garden Drive I San Francisco, CA 94118 p 415.750.3690 e [email protected] I famsf.org
1 CONFIDENTIAL Minutes of Executive Session Meeting
Corporation of the Fine Arts Museums Board of Trustees Joint Meeting of the
EXECUTIVE and NOMINATING COMMITTEES
Tuesday, April 9, 2019, 12:00 p.m. Rohlen Conference Room, de Young, Golden Gate Park, San ntrpisco, California
.'/'. i/i.//; /lrrli! J' 1 I. Calling of the Meeting to Order- Diane B. Wilsey, Chair 1! /i/1: /r · 1 ir. , Chair Wilsey called the meeting to order at 12:24 p.m. 11 II /j !!, 1 1 1 1 Ur !/i //r 'U //lr, 11 1 1 1 /1:· r1' !ii / '1111 !~'il/lrr ~· II. Calling of the Roll 1 fi:ii!' 'tj ..r/r'l)i 1ii rilll'//1/!i '! './/1 llt'/1; rf/' /i. 1'· 11N I Present· 1i !! 111 1 • 11 b 111 rr. I· l/1 1 / 111 Carol N. Bonnie (Executive and Nomina,t(Ng 1(:tbmmittees)- by phone Jack Calhoun, Vice Chair, COFAM (QX'~8UHve Committe~) 1/: Belva Davis (Executive and NominatiM:~r~~IJlmittees) 111 ~ • -• - -.,. - • '< ".'''' ,// ,111111 ii:H. 1 David Fraze (l::xecutJve Committee) ', I! 111111." . 11 /I' 1)1 11 Wheeler Griffith (Nominating Committee) ·rr/~ ll~ l/1 , !/, //; )/; il · 1 111 11 1/), 11 !li Cynthia Fry Gunn (Executiy.~, 1 Gommittee) ' 1 L H II (E t. . llir~/i' rrr rr • t" C "tt''' l1/ 11·1~ auren a xecu 1ve a~~ ln~~T.:!~~~-~~ng omm1_ e~rflt 1/r , • • • 1 Kathryn Lasater, Co-Chair ~ Carl Pascare.llq.1, , , ~J,c~ .chair, COR!/!'., M (ExA¢~~iJe li3'h..' dir titlomidatmg Committees) !Ji dh'~l1 1 II< [II I' 1IIIII 1/im II 1.f, 1r, ·lijj1 fL Jl Heather Pres.'to ' '! ' 'iffixE!e.utive Corrirn:,·tte,e.),~' 1.1.' rrl '' ''· 111 r:/, iii ,, ,r.r'/r /lin 1H ,.'1 'ii;i:/1! j/ilh rr··ll 11 ,r :n 1r· 111 ,,, <~ David Pe.'hbe'r.(Exebuti~" .e Committ'ee~,rl' :n by phone ... s.. :· 1/J fr, l)j i' HI : lh, ,, rr,: :/{ f7' 1 Diane ,~1.r)/Wilsey, Chair/ 1 1·EE·::~ecutive a~~.~. 1Nominating Committees) ;1[11·111 llj !I,JII,,, !), 1J:lh Lisaii~<;I@:Ze, C-Chair, Nollh• 1'inating (Exe¢l!ltive and Nominating Committees) 1!1 Ji-1/1"!11 111 !1 111 II'Ji,ll/1 ',,! ',;11111 !r'lli!i!l! 1 1 1 1 1 1 'l~·ll' II'·. 11·11'11 1 '' ,, " /11' Iii,, 1"1 •• II "''I!/, r :/' :r 11: ·r r /J :r !L 'r r )/: 11' 'I'Jr rrr ·!: 11r r. . II' II 1 1~·1 Absent • I /• 1//' il·,, '//111 !IIIIi '/' ri // rir/r1 1lrr 1.1 !!II''' '1: //,rp'!ii: rif·/U i//11 · r; .. , ll,)r/ //. 1d1U, r: J/ ']JJ!/i.JJ:, , '1, · , 1 ,. ".· 1b'l. chary Bdg q,~.i Qrtii¥.eCutJve1 ahd t:(l0rr;llm~. at1ng Committees) 11 rii :i1 rr,r .JJ li·JlJ '/' , '!1 -r[/1' r:• Jl· ~II ' ''• <~ irl I·1 Hi-,'jl _.~',,:II: 111 111 ',iif1rac.~'::Burris (Nom.' 1.h. ating Committee)' u ,, /11 llrfr·l I,''/.. '" Ill rrr ", ,,, If' ll·lif 1 1 1 1/! 1/r'ili 11'" · · N 'li'lli! i)',lrr ~1:/i/lr,)IJ r/,1 .:1 r· '1/lrril !' N./.!.1 i/:!l.r 1/i 1 1 Ill. ·1;, ~ccept the Miri q~~~\of th'e;~*~uary 16, 2019 Executive Committee Meeting II II ,1rustee Bonnie ndthllit~at both//1 ~~Ef and Amy McKnight participated in the January 16, 2019 ,1PM1eting ?Y ph~ne. T~;M;:~xecutiV~i) •• II F li· ·. Ill ir/ rr. IV. Exec~~~ye Session t~~~~iscuss Board Matters- Diane B. Wilsey, Chair, Kathryn Lasater and Lisa Zar1i~~~lico-C~,~i~~ hf the Nominating Committee 1 nli!', n!i1 . ~~~~-~~ ~rn;:i'1 :)'i'lill'i"' d 1:: i/, 1ii P Mrs. Wilsey 1~1 H,!~~~yri1 ded that Jason Moment has graciously accepted succeeding her as President of the FAMSF board and Chair of the COFAM board. She asked that the Nominating and Executive Committees create positions of Chair for FAMSF and of Chair Emerita/Emeritus for COFAM, with the Chair Emerita/Emeritus position being an honorary, lifetime appointment. Nominating Committee Co-Chairs Kathryn Lasater and Lisa Zanze proposed the following bylaws amendments, which both the Nominating Committee and the Executive Committee voted to recommend to the full Boards of Trustees on their June 4, 2019 agendas (proposed amendments in red): Corporation of the Fine Arts Museums 2 Executive and Nominating Committees Board of Trustees April 9, 2019 BYLAWS OF THE BOARD OF TRUSTEES OF THE FINE ARTS MUSEUMS OF SAN FRANCISCO. ARTICLE I, Board of Trustees; Section 1. TRUSTEES. The Board of Trustees of the Fine Arts Museums of San Francisco shall consist of not more than 62 Trustees, of which the Mayor and the President of the Recreation and Park Commission shall be ex-officio members, the exact number to be set by the Board from time to time. With the exception of ex-officio members, Honorary Trustees and Trustees Emeriti, each Trustee shall be elected for a term of three year~, 11 Except as otherwise provided herein, the tenure of a Trustee shall be limited to thr~'.~'/:&onsecutive terms of three years. After a Trustee has completed three consecutiveJ~r4~JYear terms, such former Trustee may be considered for re-election to the Boar before the meeting at which such individuals are to be elected or by such other date as the Nominating Committee may request. The Nominating Committee and the Executive Committee voted unanimously to nominate Jason Moment as President of FAMSF and Chair of COFAM, and Diane B. Wilsey as Chair of FAMSF and Chair Emerita of COFAM, effective immediately, on the June 4, 2019 slates of nominees. d.k"1// rill' The Nominating Committee Chairs recommended noticing the byli\iYU.=!r\lendments and the slate of nominees for election and re-election to the Boards of Trust~~~ :~l~ven days prior to the June 4, 2019 meetings of FAMSF and of COFAM. Both committees, 1 ~~~~~t~1?,,this recommendation. i II, ~I ·,1 /.• ,f, 1' II, II !I. N!/1.''/i Ni '! :,l,i iii, ii- !J,' ''V" I· ,,II II;;,, 11 Mr. Moment noted th~t he would nee? to step down a~11,~9a1r of the AuaiV/i i!, I!i i/: 'I I I!; ~ ii II /!! r/J. ~~~ I /1 ')I i/r,;,rrl 1111/lir 1 11 '11' 1'1 11 rl,,: 11 11 1:· i/i /Iii ,1rlf:, Ji,l lji lli'/1111!:''1, 11i1 r,'l,ll 11: 1 11 1,/,1 /!: ' Appendix A Nominating Committee Board of Trustees May 15, 2018, 12:00 P.M. Rohlen Conference Room, de Young Confidential Meeting Notes I. Call to Order- Kathryn Lasater, Chair The meeting was called to order at 12:15 p.m. II. Roll Call Present: Kate Harbin Clammer, Kathryn Lasater, Amy McKnight, Carl Pascarella, Diane B. Wilsey Absent: Zachary Bogue, Carol N. Bonnie, Belva Davis, Wheeler Griffith, Lauren Hall, Lisa Zanze Ill. Review of November 8, 2017 Nominating Committee Meeting Confidential Notes The Committee reviewed and accepted the confidential meeting notes of the November 8, 2017 meeting. IV. Resignations from the Fine Arts Museums Board of Trustees The Committee was apprised of the following resignations due to relocations overseas: .. Trevor Traina, effective March 23, 2018 .. Sarah Ogilvie, effective June 6, 2018 V. Trustee Will Not Assume Office The Committee was apprised that Larry Low, who was re-elected to three, three-year terms, effective October 2018, has announced that he will not assume office, due to other commitments. VI. Review of Retirements and Expirations of Fine Arts Museums of San Francisco Board Positions for 2018-2019 The Committee reviewed: .. Retirements: Third Three Year Term Expires (8) Carol Bonnie, October 2018 WheelerS. Griffith, October 2018 Cynthia Fry Gunn, October 2018 Laure Fullerton Headrick, October 2018 Kate Harbin Clammer, June 2019 Vanessa Getty, June 2019 Lucy Young Hamilton, June 2019 David Spencer, June 2019 Appendix A Corporation of the Fine Arts Museums 2 Nominating Committee May 15,2018 Confidential Meeting Notes 0 Second Term of Three Years Expires (9) Gretchen Kimball, June 2019 Kathryn Lasater, June 2019 Carl Pascarella, June 2019 Lisa Sardegna, June 2019 0 First Three Year Term Expires (3) Jack Calhoun, October 2018 Denise B. Fitch, October 2018 Yasunobu Kyogoku, October 2018 Heather Preston, October 2018 Richard Scheller, October 2018 VII. Proposed Slate of Nominees for Re-election, June 5, 2018 FAMSF Meeting The Committee did not vote to present a slate for re-election. VIII. Proposed Slate of Officers for Election to FAMSF and COFAM, June 5, 2018 Meetings The Committee voted to present the following slate for the June 5, 2018 FAMSF and COFAM Board agendas: President, FAMSF Vice President, FAMSF Chair, COFAM Vice Chair, COFAM Vice Chair, COFAM Treasurer, COFAM IX. Review Leaves of Absence The Committee reviewed the following leaves of absence and voted on actions: Juliet de Baubigny- renew leave Laure Fullerton Headrick- allow to retire at end of term in October 2018 Bryan Meehan - renew leave X. Adjournment The meeting was adjourned at 1:35 p.m. de Young\ \Legion of Honor Megan Bourne Draft Nominating talking points for today 7 messages Added one sentence to end. Please let me know if this is acceptable: The Nominating Committee has Voted unanimously, and in conjunction with the Executive Committee which concurs, to recommend the election to the position of Chair Emerita, Diane B. Wilsey, and to the position of President, Jason Moment. Both effective June 4, 2019. In summary, Mrs Wilsey has served as President of FAM since 1998, having raised in excess of $206 million to rebuild the de Young and gift to the city of San Francisco, among other renovation projects at both the de Young and Legion of Honor. She has given 22 works of art and supported innumerable exhibitions at the Museums. Mrs Wilsey has worked with Jason since he joined the board in 2014. Jason has served on the Finance committee and joined the Executive Committee in 2017. He also Chairs the Audit Committee and funded the start-up costs of the museum's Free Saturdays. The Board expresses its gratitude to Dede and to Jason for past and future leadership. This transition is coming at a time when the Museums' financials are sound, exhibitions are robust and our Director of Museums is unsurpassed. Is there a motion to elect Diane B Wilsey as Chair Emerita? Is there a second? All in favor? Thank you. Is there a motion to elect Jason Moment to the position of President? Is there a second? All in favor? Thank you. Tue, Jun 4, 201 9 at 12:53 PM •••• Looks good to me. [Quoted text hidden] artners.com> Tue, Jun 4, 2019 at 12:58 PM Bourne Megan But make sure it's okay with her... [Quoted text hidden] IMPORTANT NOTICE: This email (including any attachments) is confidential and intended only for the addressee named above. If you have received this email in error, please delete it, notify the sender and do not retain, read, copy or disseminate this email. This email may not be provided to any other party without the sender's consent. This email does not constitute any solicitation or offer to buy or sell any securities. No representation is made on the accuracy or completeness of the information contained in this email, and the sender does not accept liability for any errors or omissions in the contents of this email that arise as a result of email transmission. The sender may not update the information in this email. The sender does not waive any rights, privileges or other protections that the sender may have with respect to the information in this email. Please be aware that Route One Investment Company does not, under any circumstances, wish to receive material non-public information. Tue, Jun 4, 2019 at 1 :08 PM Cc: Bourne Megan It's effective today. We fixed the gap in timing years ago so that there wouldn't be a laps during the summer. [Quoted text hidden] Tue, Jun 4, 2019 at 1 :09 PM >,Moment Jason Excellent addition! [Quoted text hidden] Megan Bourne Chief of Staff, Executive Secretary to the Board of Trustees Fine Arts Museums of San Francisco de Young I Legion of Honor Golden Gate Park I 50 Hagiwara Tea Garden Drive 1 San Francisco, CA 94118 p 415.750.36691 c415.260.0217 [email protected] 1famsf.org Tue, Jun 4, 2019 at 1:10PM Cc: Bourne Megan *lapse [Quoted text hidden] Tue, Jun 4, 2019 at 1 :26 PM .com>, Bourne Megan Thank you Lisa- This looks great and look forward to today meeting. [Quoted text hidden] Nominating Committee Board of Trustees October 16, 2018, 4:00P.M. Rohlen Conference Room, de Young AGENDA I. Call to Order- Lisa Zanze and Kathryn Lasater, Co-Chairs II. Roll Call Zachary Bogue Carol N. Bonnie Belva Davis Wheeler Griffith Lauren Hall Kathryn Lasater Amy McKnight Jason Moment Carl Pascarella Diane B. Wilsey Lisa Zanze Ill. Review of May 15, 2018 Nominating Committee Meeting Confidential Notes (See Appendix A) IV. Review of Retirements and Expirations of Fine Arts Museums of San Francisco Board Positions for 2018-2019 • Retirements: Third Three Year Term Expires (8) Carol Bonnie, October 2018* WheelerS. Griffith, October 2018* Cynthia Fry Gunn, October 2018* Laure Fullerton Headrick, October 2018 *candidate for hold over until bylaws are amended Kate Harbin Clammer, June 2019 Vanessa Getty, June 2019 Lucy Young Hamilton, June 2019 David Spencer, June 2019 • Second Term of Three Years Expires (4) Gretchen Kimball, June 2019 Kathryn Lasater, June 2019 Carl Pascarella, June 2019 Lisa Sardegna, June 2019 Corporation of the Fine Arts Museums 2 Nominating Committee October 16, 2018 .. First Three Year Term Expires (5) Jack Calhoun, October 2018 Denise B. Fitch, October 2018 Yasunobu Kyogoku, October 2018 Heather Preston, October 2018 Richard Scheller, October 2018 .. Three Year Term as President Expires Diane B. Wilsey, June 2019 V. Review of FAMSF Trustee Election and Re-Election Dates and Vacant Positions as of Annual Meeting on June 5, 2018 (See Appendix B- Re-election Matrix) Number of Elected Trustee Positions 62 Number of Filled Trustee Positions 36 Number of Ex-Officio Positions 02 Retirements from the Board by June 2019 5** Number of Vacant Elected Trustee Positions 28 in June 2018 ** not including 3 hold over candidates for re-election VI. Review of San Francisco Charter Language (See Appendix C) VII. Review of Current Board Composition: Areas of Expertise, Demographics, and Professions (See Appendix D) VIII. Proposed Slate of Nominees, October 30, 2018 FAMSF Meeting (See Appendix E) IX. Review Leaves of Absence Juliet de Baubigny Bryan Meehan X. Discuss Potential Candidates XI. Nominating Cultivation Event XII. Adjournment Anc October 16, 2018 Nominating Committee COFAM Board of Trustees March 19, 2019, 3:00P.M. Rohlen Conference Room, de Young Confidential Meeting Notes Call to Order- Lisa Zanze and Kathryn Lasater, Co-Chairs The chairs called the meeting to order at 3:15 p.m. Roll Call Present: Carol N. Bonnie (by phone), Lauren Hall, Kathryn Lasater, Amy McKnight (by phone), Jason Moment, Diane B. Wilsey, Lisa Zanze Absent: Zachary Bogue, Tracy Burris, Belva Davis, Wheeler Griffith, Carl Pascarella Review of January 8, 2019 Nominating Committee Meeting Confidential Notes The confidential notes of the January 8, 2019 meeting were approved. Discuss Cultivation Event The Committee discussed holding a Director's Dinner, recommended by Mr. Campbell, on April 25, 2019. Mr. Campbell described the dinner as a broad cultivation event, with drinks and dinner, followed by inviting guests into curator led visits into the galleries. The guest list would be a mix of donors, Trustees, thought leaders, politicians and people the museums would like to cultivate as leaders and as donors. Other Matters Director Campbell recommended that a representative of the Development office join Nominating meetings and that together, the Committee and Development build a list of leadership prospects and systematically work through that list, reviewing 10 at each Nominating Committee meeting. The Committee discussed defining the attributes it seeks in nominees. Chair Wilsey announced that she will retire as President of FAMSF and Chair of COFAM at the June 4, 2019 Board meetings. She heartily recommended that Jason Moment succeed her in these roles. The Committee discussed amending bylaws to restore Emeritus/Emerita positions for the Boards' chairs. Discuss Next Nominating Committee Meeting Date The next meeting will be a joint meeting of the COFAM Executive and Nominating Committees on April 9 at 12:00 p.m. Adjournment The chairs adjourned the meeting at 4:35 p.m. Nominating Committee Board of Trustees May 15, 2018, 12:00 P.M. Rohlen Conference Room, de Young AGENDA I. Call to Order- Kathryn Lasater, Chair II. Roll Call Zachary Bogue Carol N. Bonnie Kate Harbin Clammer Beiva Davis Wheeler Griffith Lauren Hall Kathryn Lasater Amy McKnight Carl Pascarella Diane B. Wilsey Lisa Zanze Ill. Review of November 8, 2017 Nominating Committee Meeting Confidential Notes (See Appendix A) IV. Resignations from the Fine Arts Museums Board of Trustees • Trevor Traina, effective March 23, 2018 • Sarah Ogilvie, effective June 6, 2018 V. Trustee Will Not Assume Office • Larry Low, who was re-elected to three, three-year terms, effective October 2018, has announced that he will not assume office, due to other commitments Vi. Review of Retirements and Expirations of Fine Arts Museums of San Francisco Board Positions for 2018-2019 • Retirements: Third Three Year Term Expires (8) Carol Bonnie, October 2018 Laure Fullerton Headrick, October 2018 WheelerS. Griffith, October 2018 Cynthia Fry Gunn, October 2018 Kate Harbin Clammer, June 2019 Corporation of the Fine Arts Museums 2 Nominating Committee May 15,2018 Vanessa Getty, June 2019 Lucy Young Hamilton, June 2019 David Spencer, June 2019 • First Three Year Term Expires (3) Jack Calhoun, October 2018 Denise B. Fitch, October 2018 Yasunobu Kyogoku, October 2018 • Second Term of Three Years Expires (0) Jack Calhoun, October 2018 Denise B. Fitch, October 2018 Yasunobu Kyogoku, October 2018 Richard Scheller, October 2018 Gretchen Kimball, June 2019 Kathryn Lasater, June 2019 Carl Pascarella, June 2019 Lisa Sardegna, June 2019 VII. Proposed Slate of Nominees for Re-election, June 5, 2018 FAMSF Meeting VIII. Proposed Slate of Officers for Election to FAMSF and COFAM, June 5, 2018 Meetings President, FAMSF Vice President, FAMSF Chair, COF AM Vice Chair, COFAM Vice Chair, COFAM Treasurer, COFAM IX. Review Leaves of Absence Juliet de Baubigny Laure Fullerton Headrick Bryan Meehan X. Adjournment Anc 5-15-2018 Nominating Agenda Items 6/4/19: FAMSF: Report of the Nominating Committee- Lisa Zanze A Report on Trustee Retiring from the Board of Trustees of the Fine Arts Museums of San Francisco following the June 4, 2019 meeting: Vanessa Getty B. Consideration and Possible Action to re-elect the Following Trustees to a Second Three Year Term to Begin effective June 4, 2019: Gretchen B. Kimball Kathryn Lasater Carl Pascarella Lisa Sardegna C. Consideration and Possible /\etlan to elect the follovJing Trustees, vvho have been deemed invaluable Trustees for an initial term of three years to effective June 4, 2019: Carol N. Bonnie Katherine Harbin Clammer Wheeler Griffith Cynthia Fry Gunn Lucy Young Hamilton David Spencer D. Consideration and Possible Action to Elect Diane B. Wilsey, who retires on June 4, 2019, to the position of Chair Emerita effective June 4, 2019 E. Consideration and Possible Action to Elect Jason Moment President of the Board of Trustees for a term of one year, effective June 4, 2019 F. Consideration and Possible Action to Adopt a Resolution Setting the Number of Trustee Positions, effective June 4, 2019 WHEREAS, The San Francisco Charter, Section 5.1 05, provides for a variable number of Trustees; and WHEREAS, The Charter sets the number of Trustees at no more than sixty-two, with the exact number to be set by the Board of Trustees from time to time; now, therefore, be it RESOLVED, That the Board of Trustees of the Fine Arts Museums of San Francisco does hereby set the number of Trustees at 36 until such number is changed by this Board. COFAM: Nominating Committee Report- Lisa Zanze, Chair of the Nominating Committee A Consideration and Possible Action to Elect Jason Moment Chair of the COFAM Board of Trustees, effective June 4, 2019 B. Consideration and Possible Action to Elect Diane B. Wilsey Chair Emerita of the COFAM Board of Trustees, effective June 4, 2019 C. Consideration and Possible Action to Adopt a Resolution Setting the Number of Trustee Positions WHEREAS, On June 14, 1990, the Corporation of the Fine Arts Museums Bylaws were amended to provide for a variabie number of Trustees; and WHEREAS, The amendment stated that the authorized number of Trustees shall not be less than thirty-eight (38) and not more than seventy-five (75), the exact authorized number to be set by the Board of Trustees from time to time; now, therefore, be it RESOLVED, That the Board of Trustees of the Corporation of the Fine Arts Museums does hereby set the number of Trustees at 42 until such number is changed by this Board. Bylaws Amendment FAMSF A. Consideration and Possible Action to Approve Bylaws Amendments (See Appendix XX- Draft Amendments) Summary of Proposed FAMSF Bylaws Amendment Article I, Section 1. Trustees The amendment creates the position of Chair Emeritus/Emerita: Proposed bylaws Amendment: The Board of Trustees of the Fine Arts Museums of San Francisco shall consist of not more than 62 Trustees, of which the Mayor and the President of the Recreation and Park Commission shall be ex-officio members, the exact number to be set by the Board from time to time. With the exception of ex-officio members, Honorary Trustees and Trustees Emeriti, each Trustee sha!! be elected for a term of three years. Except as otherwise provided herein, the tenure of a Trustee shall be limited to three consecutive terms of three years. After a Trustee has completed three consecutive three-year terms, such former Trustee may be considered for re election to the Board of Trustees for an unlimited number of consecutive three-year terms when the Board of Trustees finds that such former Trustee has demonstrated extraordinary service to the Museums and that such former Trustee's absence would be detrimental to the Museums. Any vacancy on the Board because of death, resignation, removal or any other cause shall be filled by the vote of the majority of the Trustees in office at the time. A former Trustee may be elected a Trustee Emeritus, Chair Emerita/us, or an Honorary Trustee; these status categories will be reviewed annually. A Trustee Emeritus or Chair Emerita/us, shall be elected based upon outstanding meritorious service to the Museums as a Trustee and in expectation of continued participation and commitment to the goals of the Fine Arts Museums of San Francisco. An Honorary Trustee is elected for life in special recognition of an extraordinary commitment to the Fine Arts Museums of San Francisco and may be awarded to individuals who have never served as a Trustee. None of the Trustees shall receive any compensation for his or her services. [Charter Section 5.1 02] Bylaws Amendments COFAM Summary of Proposed COFAM Bylaws Amendments ARTICLE IV, TRUSTEES; Section 12, Committees; (b) Standing Committees; (ii) Nominating Committee; (2) Nominating Procedures for the Fine Arts Museums of San Francisco. The amendments creates the position of Chair Emeritus/Emerita and provides for the nomination of a Chair Emeritus/Emerita: Proposed bylaws Amendment: (a) Nominating Procedures for the Fine Arts Museums of San Francisco. (1) The Nominating Committee shall nominate individuals to serve as Trustees, Honorary Trustees, Trustees Emeriti, Chair Emerita/us, officers, and members of the Executive Committee of the Fine A.rts Museums of San Francisco. The Nominating Committee shall also review the Trustee Emeritus and Honorary status categories annually and make recommendations in regard thereto to the Board of Trustees of the Fine Arts Museums of San Francisco. (2) The Nominating Committee shall present its nominations to the Board of Trustees of the Fine Arts Museums of San Francisco; provided, however that in the case of nominations as Honorary Trustees, Chair Emerita/us or Trustees Emeriti, the nominations may be presented to the Executive Committee of the Fine Arts Museums of San Francisco. The nominations shall be presented at least one month before the meeting at which such individuals are to be elected or by such other date as the Nominating Committee may request. I (BOS) From: Melissa Powers This message is from outside the City email system. Do not open links or attachments from untrusted sources.· Mr. Smith, Please be advised that the Fine Arts Museums of San Francisco are hereby invoking an extension oftime to respond to your Immediate Disclosure Request for: 1 (OF 1). All documents relating in any fashion to the stepping down of Diane B. Wilsey as President of the Board of the. Fine Arts Museum of San Francisco (FAMSF) and as Chair of the Board of the Corporation ofthe Fine Arts Museums (COFAM) Board and Mrs. Wilsey's assuming the role of Chair Emerita of the FAMSF and COFAM Boards. ·We are invoking the extension of time under Government Code Section 6253(c) and San Francisco Administrative Code Section 67.25(b) because of the need to consult with another interested agency, specifically the City Attorney's Office. I have attached agendas related to the June 4 FAMSF meeting, as well as the staff announcement by the Director. On behalf of FAMSF, Melissa Powers Manager of Board Relations and Special Projects Fine Arts Museums of San Francisco de Young Legion of Honor Golden Gate Park I 50 Hagiwara Tea Garden Drive I San Francisco, CA 94118 p 415.750.3690 e [email protected] I famsf.org 1 P138 OFFICIAL MEETING NOTICE Fine Arts Museums of San Francisco Board of Trustees Tuesday, June 4, 2019 3:00pm Boardroom Legion of Honor 100 34th Ave San Francisco, California 94121 AGENDA ORDER OF BUSINESS I. Calling of the Meeting to Order- Diane B. Wilsey, President II. Calling of the Roll Janet Barnes Zachary S. Bogue Carol N. Bonnie Tracy Burris Jack Calhoun David H.S. Chung Katherine Harbin Clammer Marc P. Cruciger, M.D. Belva Davis, Vice President Juliet de Baubigny Denise Fitch David Fraze Vanessa Getty Frankie Jacobs Gillette WheelerS. Griffith Cynthia Fry Gunn Lauren Hall Lucy Young Hamilton Holly Johnson Harris Gretchen B. Kimball Yasunobu Kyogoku Kathryn Lasater Amy McKnight Jason Moment Carl Pascarella Heather Preston, M.D. Lisa Sardegna Richard Scheller, Ph.D. afamsfbt2019.06 P139 Fine Arts Museums of San Francisco 2 Board of Trustees June 4, 2019 Calling of the Roll (continued) David Shimmon David Spencer Jeana Toney David Wadhwani Diane B. Wilsey, President Lisa Zanze Leave of Absence to be Excused: Bryan Meehan Ex-Officio Trustees: Mayor London Breed Mark Buell, President, Recreation and Park Commission . There will be an opportunity for public comment before or during each agenda item. Ill. Report of the President- Diane B. Wilsey A. Consideration and Possible Action to Approve the Minutes of the April 2, Action 2019 Meeting of the Board of Trustees (See Appendix A- Draft Minutes) B. Consideration and Possible Action to Approve the Report of the May 14, Action 2019 Acquisitions Committee Meeting- Dr. Marc Cruciger, Chair of the Acquisitions Committee (See Appendix B- Acquisitions Committee Report) 1. Purchases 2. Funded Purchases 3. Gifts 4. Accession of Abandoned Property 5. Abandoned Property Eligible for Sale or Transfer 6. Miscellaneous Deaccessions 7. First Step Deaccessions 8. Second Step Deaccessions RESOLVED, That the Board of Trustees of the Fine Arts Museums of San Francisco does hereby approve the appended May 14, 2019 report of the Acquisitions Committee of the Fine Arts Museums Foundation, including approving the works of art acquired through purchase and donation as gifts to the Fine Arts Museums of San Francisco from the Fine Arts Museums Foundation, and approving afamsfbt20 19.06 P140 Fine Arts Museums of San Francisco 3 Board of Trustees June 4, 2019 miscellaneous, first step and second step deaccessioning. C. Consideration and Possible Action to Adopt a Resolution to Ratify Salary Action Supplements to be Funded Through Contributions from the Corporation of the Fine Arts Museums, Under Article V of the San Francisco Charter WHEREAS, Under Section 5.102 ofthe San Francisco Charter, the Fine Arts Museums Board of Trustees ("Board") may "accept and utilize contributions to supplement or pay for the salaries and benefits of' the "director and such other executive and administrative positions" that the Board appoints "in order to establish competitive compensation"; and WHEREAS, The Board finds that salary supplements, to be funded through contributions from the Corporation of the Fine Arts Museums, are appropriate for the Director and for the Curator of the Achenbach Graphic Arts Department in order to "establish competitive compensation" under Article V of the Charter and subject to the salary provisions of the Charter; now therefore be it RESOLVED, that the Fine Arts Museums of San Francisco does hereby ratify and accept any prior, current or possible future contributions from the Corporation of the Fine Arts Museums to supplement the annual salary of the Director and of the Curator of the Achenbach Graphic Arts Department in order to "establish competitive compensation" under Article V of the Charter and subject to the salary provisions of the Charter; and be it FURTHER RESOLVED that Board Resolution 1749 (Accepting and Ratifying Salary Supplements for the City Positions of Director of Human Resources and Administration and of Curator of the Achenbach Graphic Arts Department, to be Funded Through Contributions from the Corporation of the Fine Arts Museums, Under Article V of the San Francisco Charter) is hereby rescinded. D. Consideration and Possible Action to Adopt a Resolution to Ratify the Action Board's Actions Prior to and on April 2, 2019 Under Bylaws Article VI, Section 2., AMENDMENT PROCEDURE. WHEREAS, On April2, 2019 The Fine Arts Museums of San Francisco amended Article VI, Section 2. AMENDMENT PROCEDURE to state "No amendment of these Bylaws shall be made unless it is presented in writing at a regular or special meeting of the Board of Trustees and receives the vote of a majority of all the mernbers present at the meeting;" And WHEREAS, Charter Section 5.105 states that the "Board may act by majority of the members present at meetings in which a quorum is in attendance." afamsfbt20 19.06 P141 Fine Arts Museums of San Francisco 4 Board of Trustees June 4, 2019 And WHEREAS, the Fine Arts Museums of San Francisco wishes to ratify the Board's actions prior to and on April 2, 2019 under Article VI, Section 2., of the bylaws, taken by a majority of the members present; now, therefore, be it RESOLVED, That the Board of Trustees of the Fine Arts Museums of San Francisco does hereby ratify the Board's actions prior to and on April 2, 2019 under Article VI, Section 2, of the bylaws, taken by a majority of the members present. E. Consideration and Possible Action to Approve Bylaws Amendment Action IV. Report of the Nominating Committee- Kathryn Lasater and Lisa Zanze, Co- Action Chairs of the Nominating Committee V. Report of the Director- Thomas P. Campbell Discussion A. Consideration and Possible Action to Approve Loan Requests Action (See Appendix C- Loan Requests) VI. Report of the CFO - Ed Prohaska A. Financial Report by CFO Discussion B. Consideration and Possible Action to Accept the 2019-2020 Proposed Action Fine Arts Museums of San Francisco Budget (See Appendix D- Proposed Fine Arts Museums of San Francisco Budget) C. Consideration and Possible Action to Adopt a Resolution Acknowledging Action Funding Expended by the Corporation of the Fine Arts Museums During the Period January 1 through March 31, 2019 WHEREAS, The Corporation of the Fine Arts Museums is a 501 (c)(3) not-for-profit corporation that exists to support the activities of the Fine Arts Museums of San Francisco; now, therefore, be it RESOLVED, That the Board of Trustees of the Fine Arts Museums of San Francisco does hereby acknowledge with gratitude funding in the amount of $12,011 ,329 expended by the Corporation of the Fine Arts Museums for operations during the period January 1 through March 31, 2019. D. Consideration and Possible Action to Adopt a Resolution to Transfer Action Funds in the Admission Fund for the Fiscal Year 2019-2020 RESOLVED, That the Board of Trustees of the Fine Arts Museums of San Francisco does hereby authorize the Controller of the City and County of San Francisco to transfer monthly excess general admission revenue over monthly admission operating expenses in the Admission Fund (11940-SR Museums Admission) to Authority Code afamsfbt20 19.06 P142 Fine Arts Museums of San Francisco 5 .Board of Trustees June 4, 2019 17041, Project Code 10023196 (FA Fine Arts Operating Rev/Exp), Account Code 535990 on a monthly basis for the Fiscal Year 2019- 2020; and, be it FURTHER RESOLVED, That the funds in Project 10023196 are to be used to reimburse the Corporation of the Fine Arts Museums for expenses incurred on behalf of the Museums. VII. Annual Reports of Supporting Organizations Discussion (Written Reports to Be Distributed at Meeting- See Appendix E) Curatorial Support Groups 1. Achenbach Graphic Arts Council (Leila Narvid) 2. American Decorative Arts Forum (Susan Doherty) 3. Ancient Art Council (Dr. Renee Dreyfus) 4. European Decorative Arts Councii (Lindsay Joost) 5. Friends of Africa, Oceania and the Americas (Robert Wall) 6. San Francisco Ceramic Circle (Dr. Jeffrey Ruda) 7. Textile Arts Council (Shirley Juster) Member and Donor Support Groups 1. ArtPoint (Josh Reynolds and Liz Curtis) 2. Belvedere-Tiburon Auxiliary (Claire McAuliffe) 3. East Bay Auxiliary (Marlene Cowan) 4. Hillsborough Auxiliary (Karen Paver) 5. Ross Auxiliary (Kim Kieckhefer) 6. San Francisco Auxiliary (Nancy Noakes) Operations Support Groups 1. Access Advisors (Margaret Schieck) 2. Docent Council (Leslie Latham) 3. Flower Committee (Cynthia Sasaki) 4. Volunteer Council (Laurie Chaney) VIII. Public Comment Discussion Members of the public may address the Board of Trustees on items within the subject matter jurisdiction of the Fine Arts Museums of San Francisco. Speakers may address the Board for up to three minutes. IX: Meeting Schedule, Current and Future Exhibitions, Special Events Discussion (See Appendix F- Meetings, Exhibitions, Special Events) X. Adjournment- Diane B. Wilsey, President Action afamsfbt20 19.06 P143 Fine Arts Museums of San Francisco 6 Board of Trustees June 4, 2019 Public Meeting Requirements Relating to Accessibility The subsequent information is in compliance with the Americans with Disabilities Act (ADA); the following will be made available upon request: (1) American sign language interpreters; (2) a sound enhancement system; (3) a meeting agenda available in alternative formats; and (4) a reader during the meeting. To arrange for these services, please contact Melissa Powers at (415) 750-3690 at least two working days prior to a meeting. A late request will be honored if possible. Minutes of the meeting will be made in alternative formats upon request. Meeting agendas are available on the Fine Arts Museums of San Francisco website, www.famsf. org. In order to assist the City's efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities, those attending public meetings are reminded that others may be sensitive to various chemical based products. Please help the City to accommodate these individuals. The MUNI's wheelchair-accessible No. 18 line stops in front of the Legion. For access to the Legion from downtown, take MUNI's wheelchair-accessible No. 38 Geary line to 33rd and Clement and connect with the No. 18 line. For more information about MUNI's accessible services, call (415) 923-6142. There are accessible parking spaces (disabled-designated) available in front of the Legion. Accessible seating for persons with disabilities (including those using wheelchairs) will be available. For Telecommunication Device for the Deaf (TDD), the Museums use the California Relay Service. Accessible seating for persons with disabilities (including those using wheelchairs) will be available. For Telecommunication Device for the Deaf (TDD), the Museums use the California Relay Service. The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the President may order the removal from the meeting of any person(s) responsible for the ringing or use of cell phones, pagers, or other similar sound-producing electronic devices. Know Your Rights Under the Sunshine Ordinance Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils, and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open tb the people's review. For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact the Sunshine.Ordinance Task Force: Sunshine Ordinance Task Force City Hall, Room 244 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4683 Office: (415) 554-5163 E-mail: [email protected] A free copy of the Sunshine Ordinance can be obtained from Mr. Ruston, or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, http://www.sfgov.org/sunshine/ Public documents referred to in the agenda may be inspected at the Administrative Offices of the Fine Arts Museums located at the de Young, Golden Gate Park, 50 Hagiwara Tea Garden Drive, San Francisco, CA, 94118-4501. Please contact Melissa Powers at (415) 750-3690 to make arrangements. If any materials afamsfbt2019.06 P144 Fine Arts Museums of San Francisco 7 Board of Trustees June 4, 2019 related to an item on this agenda have been distributed to the Board of Trustees after the distribution of the agenda packet, those materials are available for public inspection at the de Young Museum, 50 Hagiwara Tea Garden Drive, Golden Gate Park, San Francisco, during normal office hours. Lobbyist Registration and Reporting Requirements- Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code § 2.1 00] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA, 941 02; telephone (415) 581-2300; fax (415) 581-2317; web site: sfgov.org/ethics afamsfbt20 19.06 P145 OFFICIAL MEETING NOTICE Fine Arts Museums of San Francisco Board of Trustees Tuesday, June 4, 2019 3:00pm Board Room Legion of Honor 100 34th Ave San Francisco, California 94121 AGENDA ORDER OF BUSINESS I. Calling of the Meeting to Order- Diane B. Wilsey, President II. Calling of the Roll Janet Barnes Zachary S. Bogue Carol N. Bonnie Tracy Burris Jack Calhoun David H.S. Chung Katherine Harbin Clammer Marc P. Cruciger, M.D. Belva Davis, Vice President Denise Fitch David Fraze Vanessa Getty Frankie Jacobs Gillette Wheeler S. Griffith Cynthia Fry Gunn Lauren Hall Lucy Young Hamilton Holly Johnson Harris Gretchen B. Kimball Yasunobu Kyogoku Kathryn Lasater Amy McKnight Jason Moment Carl Pascarella Heather Preston, M.D. Lisa Sardegna Richard Scheller, Ph.D. afamsfbt20189.01 P146 Fine Arts Museums of San Francisco 2 Board of Trustees June 4, 2019 Calling of the Roll (continued) David Shimmon David Spencer Jeana Toney David Wadhwani Diane B. Wilsey, President Lisa Zanze Leaves of Absence to be Excused: Juliet de Baubigny Bryan Meehan Ex-Officio Trustees: Mayor London Breed Mark Buell, President, Recreation and Park Department There will be an opportunity for public comment before or during each agenda item. Ill. Report of the President- Diane B. Wilsey A. Consideration and Possible Action to Approve the Minutes of Action the April 2, 2019 Meeting of the Board of Trustees (See Appendix A- Draft Minutes) B. Consideration and Possible Action to Approve the Report of the May 14, Action 2019 Acquisitions Committee Meeting- Dr. Marc Cruciger, Chair of the Acquisitions Committee (See Appendix B- Acquisitions Committee Report) 1. Purchases 2. Funded Purchases 3. Gifts 4. Accession of Abandoned Property 5. Abandoned Property Eligible for Sale or Transfer 6. Miscellaneous Deaccessions 7. First Step Deaccessions 8. Second Step Deaccessions RESOLVED, That the Board of Trustees of the Fine Arts Museums of San Francisco does hereby approve the appended May 14,2019 report of the Acquisitions Committee of the Fine Arts Museums Foundation, including approving the works of art acquired through purchase and donation as gifts to the Fine Arts Museums of San Francisco from the Fine Arts Museums Foundation, and approving miscellaneous, first step and second step deaccessioning. afamsfbt2019.06 P147 Fine Arts Museums of San Francisco 3 Board of Trustees June 4, 2019 C. Consideration and Possible Action to Adopt a Resolution to Ratify Salary Action Supplements to be Funded Through Contributions from the Corporation of the Fine Arts Museums, Under Article V of the San Francisco Charter WHEREAS, Under Section 5.102 of the San Francisco Charter, the Fine Arts Museums Board of Trustees ("Board") may "accept and utilize contributions to supplement or pay for the salaries and benefits of' the "director and such other executive and administrative positions" that the Board appoints "in order to establish competitive compensation"; and WHEREAS, The Board finds that salary supplements, to be funded through contributions from the Corporation of the Fine Arts Museums, are appropriate for the Director and for the Curator of the Achenbach Graphic Arts Department in order to "establish competitive compensation" under Article V of the Charter and subject to the salary provisions of the Charter; now therefore be it RESOLVED, that the Fine Arts Museums of San Francisco does hereby ratify and accept any prior, current or possible future contributions from the Corporation of the Fine Arts Museums to supplement the annual salary of the Director and of the Curator of the Achenbach Graphic Arts Department in order to "establish competitive compensation" under Article V of the Charter and subject to the salary provisions of the Charter; and be it FURTHER RESOLVED that Board Resolution 1749 (Accepting and Ratifying Salary Supplements for the City Positions of Director of Human Resources and Administration and of Curator of the Achenbach Graphic Arts Department, to be Funded Through Contributions from the Corporation of the Fine Arts Museums, Under Article V of the San Francisco Charter) is hereby rescinded. D. Consideration and Possible Action to Adopt a Resolution to Ratify the Action Board's Actions Prior to and on April 2, 2019 Under Bylaws Article VI, Section 2., AMENDMENT PROCEDURE. WHEREAS, On April 2, 2019 The Fine Arts Museums of San Francisco amended Article VI, Section 2. AMENDMENT PROCEDURE to state "No amendment of these Bylaws shall be made unless it is presented in writing at a regular or special meeting of the Board of Trustees and receives the vote of a majority of all the members present at the meeting;" And WHEREAS, Charter Section 5.1 05 states that the "Board may act by majority of the members present at meetings in which a quorum is in attendance." And WHEREAS, the Fine Arts Museums of San Francisco wishes to ratify the Board's actions prior to and on April 2, 2019 under Article VI, Section 2., of the bylaws, taken by a majority of the members present; now, therefore, be it afamsfbt20 19.06 P148 Fine Arts Museums of San Francisco 4 Board of Trustees June 4, 2019 RESOLVED, That the Board of Trustees of the Fine Arts Museums of San Francisco does hereby ratify the Board's actions prior to and on April 2, 2019 under Article VI, Section 2, of the bylaws, taken by a majority of the members present. VI. Report of the Nominating Committee- Kathryn Lasater and Lisa Zanze, Co-Chairs , A. Consideration and Possible Action to Amend Article 1, Section 1 of the Action Bylaws of the Board of Trustees of the Fine Arts Museums of San Francisco to Create the Position of Chair Emeritus/Emerita Proposed Bylaws Amendment: The Board of Trustees of the Fine Arts Museums of San Francisco shall consist of not more than 62 Trustees, of which the Mayor and the President of the Recreation and Park Commission shall be ex-officio members, the exact number to be set by the Board from time to time. With the exception of ex-officio members, Honorary Trustees and Trustees Emeriti, each Trustee shall be elected for a term of three years. Except as otherwise provided herein, the tenure of aTrustee shall be limited to three consecutive terms of three years. After a Trustee has completed three consecutive three-year terms, such former Trustee may be considered for re-election to the Board of Trustees for ·an unlimited number of consecutive three-year terms when the Board of Trustees finds that such former Trustee has demonstrated extraordinary service to the Museums and that such former Trustee's absence would be detrimental to the Museums. Any vacancy on the Board because of death, resignation, removal or any other cause shall be filled by the vote of the majority of the Trustees in office at the time. A former Trustee may be elected a Chair Emeritus/Emerita, a Trustee Emeritus, or an Honorary Trustee; the Trustee Emeritus and Honorary Trustee status categories will be reviewed annually. A Chair Emeritus/Emerita or Trustee Emeritus shall be elected based upon outstanding meritorious service to the Museums as a Trustee and in expectation of continued participation and commitment to the goals of the Fine Arts Museums of San Francisco. An Honorary Trustee is elected for life in special recognition of an extraordinary commitment to the Fine Arts Museums of San Francisco.and may be awarded to individuals who have never served. as a Trustee. None of the Trustees shall receive any compensation for his or her services. [Charter Section 5.1 02] afamsfb\2019.06 P149 Fine Arts Museums of San Francisco 5 Board of Trustees June 4, 2019 B. Report on Trustees Retiring from the Board of Trustees of the Fine Arts Discussion Museums of San Francisco Vanessa Getty C. Consideration and Possible Action to Re-elect the Following Trustees Action to aSecond Three-Year Term Effective June4, 2019 Gretchen B. Kimball Kathryn Lasater Carl Pascarell·a Lisa Sardegna D. Consideration and Possible Action to Re-elect Who Have Been Deemed Action Invaluable Trustees to a Three Year Term, Effective June 4, 2019, in Accordance with Bylaws Article ·1, Section 1: After a Trustee has· completed three consecutive three-year terms, such former Trustee may be considered for re-election to the Board of Trustees for an unlimited number of consecutive three-year terms when the Board of . Trustees finds that such former Trustee has demonstrated extraordinary. service to the Museums and that such former Trustee's absence would be detrimental to the Museums Carol N. Bonnie Katherine Harbin Clammer Wheeler Griffith Cynthia Fry Gunn Lucy Young Hamilton David Spencer E. Consideration and Possible Action to Elect Chair Emeritus/Emerita, Action Effective June 4, 2019 F. Consideration and Possible Action to Elect President, Effective June 4, Action 2019 VII. Report of the Director- Thomas P. Campbell Discussion A Consideration and Possible Action to Approve Loan Requests Action (See Appendix C- Loan Requests) VIII. Report of the CFO - Ed Prohaska A Financial Report by CFO Discussion B. Consideration and Possible Action to Accept the 2019-2020 Proposed Action Fine Arts Museums of San Francisco Budget afamsfbt20 19.06 P150 Fine Arts Museums of San Francisco 6 Board of Trustees June4, 2019 (See Appendix D- Proposed Fine Arts Museums of San Francisco Budget) C. Consideration and Possible Action to Adopt a Resolution Acknowledging Action Funding Expended by the Corporation of the Fine Arts Museums During the Period January 1 through March 31, 2019 WHEREAS, The Corporation of the Fine Arts Museums is a 501 (c)(3) not-for-profit corporation that exists to support the activities of the Fine Arts Museums of San Francisco; now, therefore, be it RESOLVED, That the Board of Trustees of the Fine Arts Museums of San Francisco does hereby acknowledge with gratitude funding in the amount of $12,011,329 expended by the Corporation of the Fine Arts Museums for operations during the period January 1 through March 31, 2019. D. Consideration and Possible Action to Adopt a Resolution to Transfer Action Funds in the Admission Fund for the Fiscal Year 2019-2020 RESOLVED, That the Board of Trustees of the Fine Arts Museums of San Francisco does hereby authorize the Controller of the City and County of San Francisco to transfer monthly excess revenue general admission over monthly admission operating expenses in the Admission Fund (11940-SR Museums Admission) to Authority Code 17041, Project Code 10023196 (FA Fine Arts Operating Rev/Exp), Account Code 535990 on a monthly basis for the Fiscal Year 2019-2020; and, be it FURTHER RESOLVED, That the funds in Project 10023196 are to be used to reimburse the Corporation of the Fine Arts Museums for expenses incurred on behalf of the Museums. IX. Annual Reports of Supporting Organizations Discussion (Written Reports to Be Distributed at Meeting- See Appendix E) Curatorial Support Groups 1. Achenbach Graphic Arts Council (Leila Narvid) 2. American Decorative Arts Forum (Susan Doherty) 3. Ancient Art Council (Dr. Renee Dreyfus) 4. European Decorative Arts Council (Lindsay Joost) 5. Friends of Africa, Oceania and the Americas (Robert Wall) 6. San Francisco Ceramic Circle (Dr. Jeffrey Ruda) 7. Textile Arts Council (Shirley Justl3r) Member and Donor Support Groups 1. ArtPoint (Josh Reynolds and Liz Curtis) 2. Belvedere-Tiburon Auxiliary (Claire McAuliffe) afamsfb\2019.06 P151 Fine Arts Museums of San Francisco 7 Board of Trustees June 4, 2019 3. East Bay Auxiliary (Marlene Cowan) 4. Hillsborough Auxiliary (Karen Paver) 5. Ross Auxiliary (Kim Kieckhefer) 6. San Francisco Auxiliary (Nancy Noakes) Operations Support Groups 1. Access Advisors (Margaret Schieck) 2. Docent Council (Leslie Latham) 3. Flower Committee (Cynthia Sasaki) 4. Volunteer Council (Laurie Chaney) X. Public Comment Discussion Members of the public may address the Board of Trustees on items within the subject matter jurisdiction of the Fine Arts Museums of San Francisco. Speakers may address the Board for up to three minutes. XI. Meeting Schedule, Current and Future Exhibitions, Special Events Discussion (See Appendix F- Meetings, Exhibitions, Special Events) XII. Adjournment- Diane B. Wilsey, President Action afamsfbt2019.06 P152 Fine Arts Museums of San Francisco 8 Board of Trustees June 4, 2019 Public Meeting Requirements Relating to Accessibility The subsequent information is in compliance with the Americans with Disabilities Act (ADA); the following will be made available upon request: (1) American sign language interpreters; (2) a sound enhancement system; (3) a meeting agenda available in alternative formats; and (4) a reader during the meeting. To arrange for these services, please contact Melissa Powers at (415) 750-3690 at least two working days prior to a meeting. A late request will be honored if possible. Minutes of the meeting will be made in alternative formats upon request. Meeting agendas are available on the Fine Arts Museums of San Francisco website, www.famsf.org. In order to assist the City's efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities, those attending public meetings are reminded that others may be sensitive to various chemical based products. Please help the City to accommodate these individuals. The MUNI's wheelchair-accessible No. 18 line stops in front of the Legion. For access to the Legion from downtown, take MUNI's wheelchair-accessible No. 38 Geary line to 33rd and Clement and connect with the No. 18 line. For more information about MUNI's accessible services, call (415) 923-6142. There are accessible parking spaces (disabled-designated) available in front of the Legion. Accessible seating for persons with disabilities (including those using wheelchairs) will be available. For Telecommunication Device for the Deaf (TOO), the Museums use the California Relay Service. Accessible seating for persons with disabilities (including those using wheelchairs) will be available. For Telecommunication Device for the Deaf (TOO), the Museums use the California Relay Service. The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the President may order the removal from the meeting of any person(s) responsible for the ringing or use of cell phones, pagers, or other similar sound-producing electronic devices. Know Your Rights Under the Sunshine Ordinance Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils, and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact the Sunshine Ordinance Task Force: Sunshine Ordinance Task Force City Hall, Room 244 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4683 Office: (415) 554-5163 E-mail: [email protected] A free copy of the Sunshine Ordinance can be obtained from Mr. Ruston, or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, http://www.sfgov.org/sunshine/ Public documents referred to in the agenda may be inspected at the Administrative Offices of the Fine Arts Museums located at the de Young, Golden Gate Park, 50 Hagiwara Tea Garden Drive, San Francisco, CA, afamsfbt20 19.06 P153 Fine Arts Museums of San Francisco 9 Board of Trustees June 4, 2019 94118-4501. Please contact Megan Bourne at (415) 750-3669 to make arrangements. If any materials related to an item on this agenda have been distributed to the Board of Trustees after the distribution of the agenda packet, those materials are available for public inspection at the de Young Museum, 50 Hagiwara Tea Garden Drive, Golden Gate Park, San Francisco, during normal office hours. Lobbyist Registration and Reporting Requirements- Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code § 2.1 00] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA, 94102; telephone (415) 581-2300; fax (415) 581-2317; web site: sfgov.org/ethics afamsfbt20 19.06 P154 de Young\ \Legion of Honor Megan Bourne Important Announcement 1 message Thomas Campbell Dear Colleagues, As you may have seen today in the Chronicle, this afternoon we expect Diane B. Wilsey to assume the role of Chair Emerita of the Fii.MSF Board and Chair Emerita of the Board of the Corporation of the Fine Arts Museums (COFAM). Jason Moment is expected to succeed Mrs. Wilsey as President of the FAMSF Board and Chair of the COFAM Board. Mrs. Wilsey, who has expressed the intention of dedicating more time to the needs of her family, has served since 1998 as President and Chair and has worked closely with Mr. Moment since he joined the Boards in 2014. Mr. Moment has served on the Executive Committees since 2017. These changes will be officially approved during this afternoon's meeting of the COFAM and FAMSF Boards. I, along with the Board, express my gratitude to Mrs. Wilsey and Mr. Moment for their past and ·future leadership and look forward with confidence to the continued success of the de Young Museum and the Legion of Honor. Please address any questions to Megan Bourne or myself. Thank you, Tom Thomas P. Campbell Director and CEO Fine Arts Museums of San Francisco de Young Legion of Honor Golden Gate Park 150 Hagiwara Tea Garden Drive I San Francisco, CA 94118 p 415.750.3661 e [email protected] I famsf.org P155 le I (BOS) From: Melissa Powers This message is from outside the City email system. Do not open links or attachments from untrusted sources. Hi Cheryl, Thank you- just confirming, since it's end of day, I'm counting next Friday as the day any input is due? Have a nice weekend, Melissa Melissa Powers Manager of Board Relations and Special Projects Fine Arts Museums of San Francisco de Young Legion of Honor Golden Gate Park I 50 Hagiwara Tea Garden Drive I San Francisco, CA 94118 p 415.750.3690 e [email protected] I famsf.org On Fri, Jun 21, 2019 at 4:22PM SOTF, (BOS) Good A:ftemoon: The Fine Arts Museum has been named as a Respondent in the attached complaint filed with the Sunshine Ordinance Task Force. Please respond to the following complaint/request within five business days. File No.: Complaint filed by Robert M. Smith against the Fine Arts Museum of San Francisco for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.25, by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner. The Respondent is required to submit a written response to the allegations including any and all supporting documents, recordings, electronic media, etc., to the Task Force within five (5) business days of receipt of this notiCe. This is your opportunity to provide a full explanation to allow the Task Force to be fully informed in considering your response prior its meeting. Please include the following info1mation in your response if applicable: 1 P1 56 1. List all relevant records with descriptions that have been provided pursuant to the Complainant request. 2. Date the relevant records were provided to the Complainant. 3. Description of the method used, along with any relevant search terms used, to search for the relevant records. 4. Statement/declaration that all relevant documents have been provided, does not exist, or has been excluded. 5. Copy of the original request for records (if applicable). Please refer to the File Number when submitting any new information and/or supporting documents pertaining to this complaint. The Complainant alleges: Complaint Attached. Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-7724 Click here to complete a Board of Supervisors Customer Service Satisfaction form. The Legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998. Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information--including names, phone numbers, addresses and similar information that a member of the public elects · to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy. I (BOS) From: Melissa Powers This message is from outside the City email system. Do not open links or attachments from untrusted sources. Hi Cheryl, Thank you- just confirming, since it's end of day, I'm counting next Friday as the day any input is due? Have a nice weekend, Melissa Melissa Powers Manager of Board Relations and Special Projects Fine Arts Museums of San Francisco de Young Legion of Honor Golden Gate Park I 50 Hagiwara Tea Garden Drive I San Francisco, CA 94118 p 415.750.3690 e [email protected] I famsf.org On Fri, Jun 21, 2019 at 4:22 PM SOTF, {BOS) Good Afternoon: The Fine Arts Museum has been named as a Respondent in the attached complaint filed with the Sunshine Ordinance Task Force. Please respond to the following complaint/request within five business days. File No.: Complaint filed by Robert M. Smith against the Fine Arts Museum of San Francisco for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.25, by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner. The Respondent is required to submit a written response to the allegations including any and all supporting documents, recordings, electronic media, etc., to the Task Force within five (5) business days of receipt of this notice. This is your opportunity to provide a full explanation to allow the Task Force to be fully informed in considering your response prior its meeting. Please include the following information in your response if applicable: Pfsa 1. List all relevant records with descriptions that have been provided pursuant to the Complainant ;request. 2. Date the relevant records were provided to the Complainant. 3. Description of the method used, along with any relevant search terms used, to search for the relevant records. 4. Statement/declaration that all relevant documents have been provided, does not exist, or has been excluded. 5. Copy of the original request for records (if applicable). Please refer to the File Number when submitting any new information and/or supporting documents pertaining to this complaint. The Complainant alleges: Complaint Attached. Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-7724 ttl>ZiJ• Click here to complete a Board of Supervisors Customer Service Satisfaction form. The Legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998. Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on .the Board of Supervisors website or in other public documents that members of the public may inspect or copy. Pf59 le er, Cheryl (BOS) From: SOTF, (BOS) Sent: Tuesday, July 9, 2019 3:33 PM To: 'Jamie Whitaker'; Stewart-Kahn, Abigail (HOM); 'Ashley Rhodes'; Patterson, Kate (ART); JOHN HOOPER; 'Robert M. Smith'; 'Melissa Powers'; '[email protected]'; '[email protected]'; 'Juan DeAnda'; Pang, Ken (HSA) Subject: SOTF - Updated Notice of Appearance - Complaint Committee; July 23, 2019 5:30 p.m. Good Afternoon: You are receiving this notice because you are named as a Complainant or Respondent in one of the following complaints scheduled before the Complaint Committee to: 1) hear the merits of the complaint; 2) issue a determination; and/or 3) consider referrals from a Task Force Committee. Date: July 23, 2019 Location: City Hall, Room 408 Time: 5:30p.m. Complainants: Your attendance is required for this meeting/hearing. Respondents/Departments: Pursuant to Section 67.21 (e) of the Ordinance, the custodian of records or a representative of your department, who can speak to the matter, is required at the meeting/hearing. Complaints: File No. 19060: Complaint filed by Ashley Rhodes against the Arts Commission for allegedly violating Administrative Code, Section 67.21, by failing to respond to a request for public records in a timely and/or complete manner. File No. 19025: Complaint filed by Jamie Whitaker against the Homelessness and Supportive Housing for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, by failing to respond to a public records request in a timely and/or complete manner. File No. 19058: Complaint filed by Robert M. Smith against the Fine Arts Museum of San Francisco for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.25, by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner. File No. 19063: Complaint filed by John Hooper against SFParks Alliance for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, by failing to respond to a public records request in a timely and/or complete manner. File No. 19068: Complaint filed by Sophia DeAnda against the Human Services Agency for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, by failing to respond to a public records request in a timely and/or complete manner. Documentation (evidence supporting/disputing complaint) Pf60 For a document to be considered, it must be received at least five (5) working days before the hearing (see attached Public Complaint Procedure). For inclusion into the agenda packet, supplemental/supporting documents must be received by 5:00pm, July 16, 2019. Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-7724 Click here to complete a Board of Supervisors Customer Service Satisfaction form. The Legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998. Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board ofSupervisors and its committees. All written or oral communications that members ofthe public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any informationfi-om these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board ofSupervisors website or in other public documents that members ofthe public may inspect or copy. Pt61 I (BOS) From: SOTF, (BOS) Sent: Friday, June 21, 2019 4:22PM To: Melissa Powers Cc: Robert M. Smith Subject: SOTF- Complaint Filed with the Sunshine Ordinance Task Force- File No. 19058 Attachments: SOTF- Complaint Procedure 2018-12-05 FINAL.pdf; 19058 Complaint.pdf Good Afternoon: The Fine Arts Museum has been named as a Respondent in the attached complaint filed with the Sunshine Ordinance Task Force. Please respond to the following complaint/request within five business days. File No.: Complaint filed by Robert M. Smith against the Fine Arts Museum of San Francisco for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.25, by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner. The Respondent is required to submit a written response to the allegations including any and all supporting documents, recordings, electronic media, etc., to the Task Force within five (5) business days of receipt of this notice. This is your opportunity to provide a full explanation to allow the Task Force to be fully informed in considering your response prior its meeting. Please include the following information in your response if applicable: 1. List all relevant records with descriptions that have been provided pursuant to the Complainant request. 2. Date the relevant records were provided to the Complainant. 3. Description of the method used, along with any relevant search terms used, to search for the relevant records. 4. Statement/declaration that all relevant documents have been provided, does not exist, or has been excluded. 5. Copy of the original request for records (if applicable). Please refer to the File Number when submitting any new information andJor supporting documents pertaining to. this complaint. The Complainant alleges: Complaint Attached. Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-7724 1/if!J• Clickhere to complete a Board of Supervisors Customer Service Satisfaction form. The Legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998. Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are I (BOS) From: Robert M. Smith This message is from outside the City email system. Do not open links or attachments from untrusted sources. Have you gotten a response from the Museums about this Complaint? Thank you. Robert M. Smith