File No. --------18072 Item No.4 SUNSHINE ORDINANCE TASK FORCE AGENDA PACKET CONTENTS LIST Compliance and Amendments Committee Date: August27,2019 D Petition/Complaint Page:JJ'2. D Memorandum - Deputy City Attorney Page:___j 'J D Petitioner/Complainant Supporting Documents Page: \ ~ D Respondent's Response Page: ~ 0 D Public Correspondence Page:____/ D Order of Determination Page:_9' 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-=-e'-r ______Date 8/21/19 *An asterisked item represents the cover sheet to a document that exceeds 25 pages. The complete document is in the file. P7 City Hall 1 Dr Carlton B. Goodlett Place, Room 244 SUNSHJNE ORDINANCE San Francisco, CA 94102-4689 TASKFORCE Tel.No. (415) 554-7724 Fax No. (415) 554-7854 TTD/TTYNo. (415) 554-5227 ORDER OF DETERMINATION June 3, 2019 DATE DECISION ISSUED April 3, 2019 CASE TITLE- Joshua Klipp v. Recreation and Parks Department (File No. 18072) FACTS OF THE CASE The following petition/complaint was filed with the Sunshine Ordinance Task Force (SOTF): File No. 18072: Complaint filed by Joshua Klipp against the Recreation and Parks Department 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. HEARING ON THE COMPLAINT On September 25, 2018 the Complaint Committee, acting in its capacity to hear petitions/complaints heard the matter. Joshua Klipp (Petitioner) provided a summary of his complaint and requested the Committee find a violation. Mr. Klipp stated that that he received a response in a timely manner but the four Clocuments provided by Recreation and Parks were inadequate. Mr. Klipp stated that Recreation and Parks either does not have the requested records and the responses provided were fabricated. Mr. Klipp stated that he does not believe that did not receive any records prior to 2012 the Recreation and Parks' documents were entirely made up and Recreation and Parks did not respond to his request. Tiffany Lin-Wilson, Recreation and Parks (Respondent) provided a summary of the Department's position. Ms. Lin-Wilson stated that she compiled the information requested and that she does not work on the strategic plan. Ms. Lin­ Wilson stated she collected relevant records from staff and provided them to Mr. Klipp. Ms. Lin-Wilson stated that most of the information requested is available on the Recreation and Parks Capital and Planning Department website. Ms. Lin­ Wilson stated that the reports provided to Mr. Klipp were created by Kelley Cornell which include work force budget, health and diversity of the urban forest and other related information. PB Chair Wolfe requested that the Kelley Cornell or person knowledgeable of the requested records attend the SOTF hearing and be prepared to answer questions. Member Hinze, seconded by Member Cate, moved to refer the matter to the SOTF for hearing and requested Kelley Cornell be present to provided information related to the public records request and why records prior to 2012 were not provided. On April 3, 2019, the SOTF held a hearing to review the recommendation from Complaint Committee and/or to review the merits of the petition/complaint. Joshua Klipp (Petitioner) provided a summary of the complaint and requested the Committee to find a violation. Mr. Klipp stated that every year the Urban Forestry Council creates a report based on a questionnaire that is sent out to public entities, such as Recreation and Park, and is made publicly available. Mr. Klipp stated that the information provided by Recreation and Park was inadequate in that there was no supporting documentation. Dennis Kern, Director of Operations (Recreation and Parks), (Respondent), provided a summary of the department's position. Mr. Kern stated that the Complainant requested documents from the previous ten years that do not exist. Mr. Kern stated that the Complainant had been provided all the documents maintain by Recreation and Parks. Mr. Kern stated that the Parks had been in a tree reactive routine (removing more trees than planting). Mr. Kern stated that he supervises 12 arborists, 10 gardeners, 4 laborers but does not have any clerical staff in his urban forestry unit. Mr. Kern stated that Mr. Klipp had been provided the Strategic Plan. A question and answer period occurred. The Respondent and the Complainant provided rebuttals. The SOTF opined that records including but not limited to arborist tree plantings, removals, location, source of tree, personal injuries, storm damage should be tracked and provided. FINDINGS OF FACT AND CONCLUSION OF LAW Based on the testimony and evidence presented, the SOTF found that the Recreation and Parks Department violated Administrative Code (Sunshine Ordinance), Section 67.21 (b)(e). pg DECISION AND ORDER OF DETERMINATIONS On April 3, 2019, Chair Wolfe, seconded by Vice-Chair Hyland, moved to find that the Department of Recreation and Parks viola,ted Administrative Code (Sunshine Ordinance), Sections 67.21(b) and 67.21(e), by failing to make documents available in a timely and complete manner and referred the matter to the Compliance and Amendments Committee to ensure that Recreation and Parks Department provides the requested documents other than those already provided to Joshua Klipp (Urban Forestry Council). The motion PASSED by the following vote: Ayes: 8- Hyland, Yankee, B. Wolfe, Hinze, LaHood, Cannata, Tesfai, J. Wolf Noes: 0 - None Absent: 3..: Martin, Chopra, Gate .r.-~-"J'"'"'·-. lr "~· '•, 'i 1l~1]~1 Brucej ·,.. ~d.!\~ hair Sunsh,jn. JOtiJlnance Task Force \ cc. J'cYshua Klipp (Petitioner/Complainant) . Tiffany Lin-Wilson, Recreation and Parks Department (Respondent) P10 SUNSHINE ORDINANCE TASK FORCE ·1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102 Tel. (415) 554-7724; Fax (415) 554-7854 http://www.sfgov.org/sunshine SUNSIDNE ORDlNANCE COMPLAINT FORM Complainant Name (Optiona0 Joshua Klipp ------~~------~----------~ Date of Request:. August 2, 2018 ----~--~------------------------- Please identify the City Official(s) and/or Employee(s) against whom the complaint is being made: unknown --------~-------------------- Please identify the Officials' and/or Employ~:;es' Board, Commission, Task Force, Department or other type of agency. San Francisco Parks & Recreation Name of the Custodian of. Records tasked with providing the requested information: Tiffany Lin-Wilson . [X] Alleged violation of public records access [X] 'Alleged failure to provide information in a timely manner in accordance with the provisions of the Sunshine Ordinance D Alleged violation of a public meeting Please indicate date of meeting if known Sunshine Ordinance Section(s) (If known, please cite specific provision(s) being violated) Please describe the alleged violation. Use additional paper if needed. Please attach any relevant documentation which supports your complaint. On August 2, 2018, l made a document and information request on the SFRPD pursuant to the Sunshine Act. On August 7, 2018, the agency extended itself 14 days to respond "because of the voluminous n.ature of the request". On August 16, 2018, the agency released 2 publicly available documents. After much back and forth, they released two more documents. My request made clear what information I ;;ought; the agency's response is dismissive. Are ~ca~sr:rtlll!:j(.e~uatili W4iMl:J300caai!:he!Soo9~e Ordinance Task Force? 1 Q yes 0 no. referred method s of contact: [X] Phone: 415-265-0901 D Mailing Address: D Fax: Q Email: [email protected] D Other: --'----~---~----- Signatur.e:---2:..,.-?---~---~-~~·,_____ ____ Date: Sept. 6, 2018 1 NOTICE: PERSONAL INFORMATION THAT IS PROVIDED WHEN ADDRESSING A PUBLIC POLICY BODY IS SUBJECT TO DISCLOSURE UNDER THE CALIFORNIA PUBLIC RECORDS ACT AND THE SUNSHINE ORDINANCE. MEMBERS OF THE PUBLIC ARE NOT REQUIRED TO PROVIDE PERSONAL. IDENTIFYING INFORMATION, AND COMPLAINTANTS MAY REMAIN ANONYMOUS. HOWEVER, FOR PROPER NOTICING AND PROCESSING OF A HEARING REQUEST, A RELIABLE MEANS OF CONTACT IS RECOMMENDED. PLEASE NOTE TRAT THE SOTF ADMINISTRATOR WILL NOT REDACT A..NY INFOIUviAT!ON PROVIDED IN THESE SUBMISS!ONS. ll/5/2015 p 11 Sunshine Ordinance Task Force ·. 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102 Tel. (415) 554-7724; Fax (415) 554-7854 http://www.sfgov.org/sunsbine · Thank you for your interest in the implementation of the San Francisco Sunshine Ordinance. The Sunshine Ordinance adopted by the citizens of the City & County of San Francisco declares that: · (a) Government's duty is to serve the publi~, reaching its decisions in full view of the · public. · · (b) Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This Ordinance will assure that their deliberations are conducted before the people and that City operations are open to the people's rev1ew. The role of the Sunshine Ordinance Task Force is to advise the Board of Supervisors and provide information to other City departments on appropriate ways in which to implementthe Ordinance. The·Task Force is responsible for developing appropriate goals to ensure the practical and timdy implementation of the Ordinance and to report to the Board on practical or policy problems encountered in the administration of the Ordinance. If you have encountered problems regarding compliance with the Ordinance, the Public Records Act or the Ralph M. Brown (Public Meetings) Act, we ask that you fill dutthe attached complaint form. Please deliver the form to: Administrator of the Sunshine Ordinance Task Force,City Hall, Room 244, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102- 4689. We attempt to resolve complaints informally where possible, through the affected departments and the City Attorney's office .. Matters, which cannot be adequately resolved, or matters that involve substantial policy considerations, may be set for a hearing at a Task Force meeting.