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D D D D D D D D D File No. -------18059 Item No.5 SUNSHINE ORDINANCE TASK FORCE AGENDA PACKET CONTENTS LIST =S=u.:...:.ns=h=i=n=e-'O::....:r..;:;:d=in=a=n=c=e--'Tc..::;a::...:::s=k-=-F...:::o:..:...rc=e::_-_______Date: June 5, 2019 ()ll 0 Petition/Complaint Page: \ 0 Memorandum - Deputy City Attorney Page:_\_ 0 :Y 0 Petitioner/Complainant Supporting £.\Cf' Documents Page: t r1 0 Respondent's Response Page:__j ;; l) 0 Public Correspondence Page:_ 0 Order of Determination Page:_ n Minutes Page:_ 0 Administrator's Report Page:_-_ D No Attachments OTHER D D D D D D D D D Completed by:_--=C-'-.=Le=g;;L:::e:..:...r ___~ __Date 5/30/19 * An asterisked item represents the cover sheet to a document that exceeds 25 pages. The complete document is in the file on a disk P105 Leger, Cheryl (BOS) From: Bill and Bob Clark < [email protected]> Sent: Monday, June 25, 2018 10:41 AM To: SOTF, (BOS) Subject: Filing a complaint Victor, I was unable to file this complaint online so I am filing it in this emal. William J. Clark *Required Complaint against which Department or Commission * Arts Commission N arne of individual contacted at Department or Commission Tom DeCaigny Alleged Violation * Public Records Sunshine Ordinance Section: Section 67.16 Minutes Please Describe Violation: On 6/22/18, after I requested the draft minutes of the 6/5/18 meeting of the Advisory Committee of Street Artist and Crafts Examiners, the Arts Commission failed to provide me with the draft minutes more than 10 working days after the meeting. The Advisory Committee of Street Artists and Crafts Examiners is a policy body. Therefore the draft minutes are mandated by Section 67.16 of the Sunshine Ordinance to be available upon request no more than ten working days after the 6/5/18 meeting. Obtional Date 6/25/18 Name William J. Clark Telephone 415-822-5465 Email [email protected] CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY DENNIS J. HERRERA MARC PRICE WOLF City Attorney Deputy City Attorney Direct Dial: (415) 554-3901 Email: [email protected] MEMORANDUM PRIVILEGED AND CONFIDENTIAL TO: Sunshine Ordinance Task Force FROM: Marc Price Wolf Deputy City Attorney DATE: April15, 2019 RE: Advisory Committee of Street Artists and Crafts Examiners This memorandum explores whether the Advisory Committee of Street Artists and Crafts Examiners (hereinafter the "Advisory Committee") is a "policy body" within the meaning of the Sunshine Ordinance. This memorandum concludes that there are strong arguments that the· Advisory Committee is a policy body because it was created by an ordinance. a. History of the "Street Artist Ordinance" and the Advisory Committee of Street Artists and Crafts Examiners. The Advisory Committee was established in 1975 by Proposition "L," a ballot initiative. San Francisco voters approved Proposition L, which was titled "Street Artist Ordinance," in · November 1975. The Board of Supervisors submitted Proposition L to voters in the November 1975 election to repeal a previously approved voter initiative regulating street artists. (ATTACH1v1ENT A.) Section 2 of Proposition L, which established the Advisory Committee, states: There is hereby established an Advisory Committee of Street Artists and Crafts Examiners; who shall advise the Art Commission on matters relating to the wares produced by street artists and to perform such other functions as shall from time to time be deemed appropriate by the Commission. (ATTACH1v1ENT A.) After voters passed Proposition L, the ordinance was added to the San Francisco Charter as Appendix "E." (ATTACHMENT B.) The description of the ordinance which appears in Appendix E reads: An Ordinance relating to the Regulation of Street Artists and Craftsman, establishing an Advisory Committee of Street Artists and Craftsmen Examiners, prescribing certification procedures, and procedure for designation and sale areas; and repealing initiative approved as Proposition "J" at the election held on June 4, 1974. Fox PLAZA · 1390 MARKET STREET, 7TH FLOOR · SAN FRANCISCO, CALIFORNIA 94102-5408 · RECEPTION: (41-5) 554-3900 · FACSIMILE: (415) 437-4644 n:\code enforce\mwolf\sunshine\memo re sunshine ordinance and advisory committee of street artists and craft exam.iners.docx P107 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY MEMORANDUM PRIVILEGED & CONFIDENTIAL TO: Sunshine Ordinance Task Force DATE: April15, 2019 PAGE: 2 RE: Advisory Committee of Street Artists and Crafts Examiners (See ATTACHMENT B.) Section 9.113 ofthe 1971 San Francisco Charter specified that voter approved measures were to take effect ten days after the declaration of the official vote count. In February 1983, the Board of Supervisors enacted another ordinance (Ord. 41-83, App. 2/4/83, Article 24 of the Police Code) to implement Proposition L. (ATTACHMENT C.) Section 2400 of the Police Code states: This ordinance is enacted to implement an initiative ordinance approved by the electors of San Francisco as Proposition "L" at the election held on November 4, 1975. The provisions of Proposition "L" are set forth herein for convenience and may only be amended by the electors of San Francisco. (ATTACHMENT C.) Section 2400 of the Police Code quotes Proposition Lin its entirety. The sections which follow either clarify or add to the original ordinance. For example, section 2401 contains "Additional Definitions'' (which were not included in the "Definition" section of Proposition L ), and section 2402 specifies the compensation for members of the Advisory Committee (which was not specified in the original ordinance). (ATTACHMENT C.) b. Analysis of the Applicability of the Sunshine Ordinance to the Advisory Committee of Street Artists and Crafts Examiners. Section 67.3(d) of the San Francisco Administrative Code defines "Policy Body" for purposes of the section 67.5 requirement that"[a]ll meetings of any policy body shall be open and public." Section 67.3(d) provides in full: "Policy Body" shall mean: (1) The Board of Supervisors: (2) Any other board or commission enumerated in the Charter; (3) Any board, commission, committee, or other body created by ordinance or resolution of the Board of Supervisors; (4) Any advisory board, commission, committee or body, created by the initiative of a policy body. ( 5) Any standing committee of a policy body irrespective of its composition. n:\code enforce\mwolf\sunshine\memo re sunshine ordinance and advisory committee of street artists and craft examiners.docx P108 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CiTY ATTORNEY MEMORANDUM PRIVILEGED & CONFIDENTIAL TO: Sunshine Ordinance Task Force DATE: April15, 2019 PAGE: 3 RE: Advisory Committee of Street Artists and Crafts Examiners· (6) "Policy Body" shall not include a committee which consists solely of employees of the City and County of San ~rancisco, unless such committee was established by Charter or by ordinance or resolution of the Board of Supervisors. (7) Any advisory board, commission, committee, or council created by a federal, State, or local grant whose members are appointed by City officials, employees or agents. (ATTACHMENT D) A likely interpretation ofthe above language is that the Advisory Committee should be considered a "Policy Body" pursuant to SF Administrative Code section 67.3(d)(3) because it is a "committee" created by an "ordinance," and section 67.3(d)(3) provides that any "committee" created by "ordinance or resolution of the Board of Supervisors" is a policy body. This conclusion is based on the premises that (1) Proposition Lis an "ordinance" and (2) that section 67.3(d)(3) is meant to include "advisory committees" and not just "committees." An "ordinance" can be enacted by the Board of Supervisors or by ballot initiative. (See SF Charter, Art. XVII.) Proposition L was a ballot initiative and specifically titled, "Street Artist Ordinance." n:\code enforce\mwolf\sunshine\memo re sunshine ordinance and advisory committee of street artists and craft examiners.docx P109 "~····· ·····.· .. ··-·· .. ·. ~ ···--.. .. ! I: l. ; . l ' I • I ' I·I., .. I' I • • ~ • t. • \ • . ; .,.J I' ' I; I 11 ... -,:.:·. 4, .· p 111 ~lw. It tlie 01~· arid County ·of San Franclaco for the eiection to be held on . Tuesday, November 4, '1975., . · li'!~~ . ·. Ad~~ted-~~-~ of ~upervisors. San Francisco, ~~- 2, 1075. !I~~· I h~·reby eertify·~h~t the foregoing m9tion .was ado~ted .by the· ·Board. of Supervisors of the City and County of San Francisco. \ . MARGARET .G. MAGUIRE, Acting Clerk :trr· ,r..lr~~· 1 x;.• AGAINST "K.'t 11,~1~.~ . ABGuM~. .PROPOSIHO~ ProRQsltion K is an unnecessary Charter amendment. It is based Qn.two.big ~~ifsu which have never.happened in the past and 'likely .:!iii . never will. But even if the Mayor ve~ th~ tax' rate ordbumce :l~~~t and even if our aoard failed to override his veto, ·we could still j:.~M.:: pass an ·ordinance .to ~t the tax rate the same ~~the immediate preceding year. It is not necessary to amend· the Charter. to give us· . d).. l' ,., • I·~~ ·'f . this authority. Furthermore, Propoaition K .locks us .into a prede­ . _,.~,'fi termined tax rate which a majority of the Board. ma;y not want .to :.,llf•l' adopt.- · · · · . ·l··:'lI·, !l:l; ~ .. r.: . I;·~ ::) ! What if some ..members of the ·Board were pel,'suaded by the :· 1 ;:·.,~ Mayor that his veto was correct and they wanted to support him? :;i1; .. j Or what if. the Board wanted to enact a tax rate based on that of . i: 11i .. two years past? We would not have this fi~xibility if Prpposition K · .:::;J;J~: were··the law. · · . · . ~ · 1.. :.:\;-~ Proposition ·K is the kind of unneeded legislation which clutters '' :.,•,·m up the ballot an<;t confuses the voter. It does not deserve your vote. · !;!;1J{ Vote No on Proposhion K. · .. · · . 'l:~:M , ... ,q Subniitted by: · ... ,, Quentin L.
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