school or the middle school development. and actually i don't know if i framed that properly. >> good enough. >> more or less. >> we are not really fully clear. >> and then i want to just make a couple of announcements, there is the 6th annual crab fest for san francisco rec and park fund at the irish cultural center tomorrow evening. and why i wanted to note this is because this was set up actually by supervisor elsbern and he created this event to support the local charities in the bay area and it has been a huge success over the years, but last year the rec and park scholarship allocated $160,000 and many of the students have benefited from the scholarship

fund and i wanted to thank them for their efforts in continuing to do that and announce that the mlc academic middle school and their students of promise and the pta is having a family night dinner and town hall meeting and that is going to be tomorrow evening, i am sorry, thursday. thursday is really hard for me. thursday from 5:00 to 7:00 at mlk. i know i want it all to go away and there is also, on friday, is the finals for the poetry slam. that youth speaks hosts every year and this is going to be for their annual slam competitions and competition and there are 6 finalists, i am actually going to be judging this on friday evening and just wanted to note that the 6

finalists are from the schools that they are from are raw talent and school of the arts and okay land and mission high and burton high and so i am looking forward as not being biased on who should win that competition. and i want to congratulate ellis and that is going to be honoring all of the accomplishments this year with their multiple acknowledgments, both state and federal, and local accomplishments, and congratulations to principal esito for all that she has done to work closely with the staff to make all of that happen and the parents. congratulations to everyone on that. and i know there is, i am sorry. >> my schedule looks a little

bit different. there is one other thing that imented to share, so on saturday, at city hall, college track is going to be hosting college track san francisco day and it is an opportunity to expose our students to mentor and career fields that low income first generation students that are under represented in including technology and junior engineering science and sales. and so there will be folks from multiple organizations in those arenas that will be mentoring 200 youth that are part of college track to help them think about careers and stem and to connect them with internship opportunities down the road. so that is going to be on saturday from 11 to 3. >> thank you. >> thank you. >> commissioner wynns? >> thank you. >> i want to announce that the budget committee will meet on march 6, at 6:00.

and then, second i just wanted to say that the school of the arts, spring musical, 42nd street will open on thursday night and i am not at liberty to announce the surprise guest in the pit that night. because they have not announced it yet. >> it was in the chronicle today. >> okay. >> having said that, i understand there to be two, but one of them as left. so the superintendent, i have tickets for friday night because i got them before this thursday night opening night. treat was announced so i may have to sneak in the back. but any way superintendent carranza will be in the pit and run out there and get your tickets and always the musical is extraordinary there and it

will be wonderful and congratulations to on you musicians. >> vice president fewer. >> yes, thank you, so i just wanted to mention that we have a couple of read aloud. alamo is tomorrow and the schools is friday and the 8th is sherman and so if anyone is interested. and then, really? >> okay. lock is friday, too. so if you want to road. but i also just want to remind our listening public that financial aid applications are due march second. so it is important to get those in and this year, you can apply for a grant if you are an ab 540 student which is a new development. so i want to make sure that all of our students and parents know that every single one of our counselors have been trained to assist you with these horrible daunting forms. so, i advise everyone to start

early, because in case you are missing one or two items it will eliminate your applications so you want to make sure that you have time to be reviewed and if you are missing something you can edit your application to make the march second deadlines, so everybody it is the second half of our promise to or for a greater opportunity and to enter college, and we are graduating all students, ready for college, eligible, and are living wage job and this is the second half of the promise that there is money for you to go to. so i applied for my three children to go to college, and all of the grants and fasfa forms and i advise everybody to do so. >> superintendent you had an announcement? >> i want to echo what vice president fewer just said. i just completed my fsafa form and you may think, well, why?

i am finishing my doctorate and i have one semester left and i applied and i did the fasfa so if i can do it, you can do it. okay? it is superintendent-proof. so, my quick announcement, i want to thank the board for moving through this meeting quickly. i need to get home and practice. but i do want to announce for the public that this saturday the march second from 8 a.m. to 1 p.m. we will be having our school planning summit at everet middle school that is 450 church street and you can log on to the district's website and you can register for the school planning summit. and you don't have to be a member of the school site council although if you are a member that would be wonderful for you to come. you will have an opportunity to have some very interactive sessions. all of our schools will be there and all of the leadership from the schools and the

district will be there as well and we will talk budget and strategic planning, you need to sign up in advance if you would like child care. www.sfusd.edu, come on to the website and you can sign up and we look forward to seeing all of you there. >> thank you. >> translation is available. >> thank you. >> thank you. >> commissioner? >> i have a quick announcement in the spirit of letting sacramento know that we are not in the clear yet, this weekend, i will be chairing what is our eleventh annual uc student association lobby conference that is a 3-day conference and we prepare in the lobby and clinics and workshops and it

culminate.. s on monday where the students and as well as staff and high school students and uc, and csc students come together and march on the capitol and have a rally, last year we had 10,000 and we are hoping for that number this year, no matter the number, we are going to make a statement to sacramento that we need more support and public education and stow so we will be there and the public is welcome and we will be starting at 10 a.m. in sacramento and so please join us. >> thank you. >> one last before we move on, commissioner mendoza reminds me one last item. tomorrow is the media day for the youth arts festival which will be opening i believe next week the 7th of march. and at the asian art museum this year, this is a new venue for it, it is the youth art festival and a lot of performance and visual art displays. >> it is young at heart.

>> no it is youth festival now. >> yeah. >> so, i will be participating the superintendent will be participating. and i believe that the mayor as well will be there. he is hosting the media event tomorrow on the steps, yes. and so you may will get some coverage and maybe you will check out the arts festival and it is going to be great. >> we are going to move on now to item t and report of closed section actions. from the closed section of february 19, 2013, the board of education approved by a vote of five ayes and two absent, mendoza and maufas the expulsion of one student. and five ayes and one nay the executive director. >> there are no informational items and item v is the adjournment and we are going to

adjourn in the memory of fansworth he joined in 1959 and served in many positions he was a principal, and assistance principal, and assistance principal, and head teacher at ben franklin middle cool and member of the district's personnel task force in 1968 and assistant superintendent and area four superintendent in 78 and 79. director of curriculum and human resources even in retirement he stayed busy and worked as a military communication instruct and her taught at foothill college. there are many employees that remember him with fondness, the board of education and the superintendent of schools express our sincere condolences to the family. meeting adjourned.

>> good evening and welcome to the regular meeting of the san francisco ethics commission and he will begin by taking roll. >> commissioner studley? >> here. >> khi, liu. >> here. >> commissioner hayon is sick and not able to attend. >> as a result, we are going to defer item number five, we think that it is better to have the full commission here for the election of the chair and vice chair. the first item on the agenda is public comment on matters appearing or not appearing on the agenda that are in the jurisdiction of the ethics commission.

>> the next item on the agenda is discuss... i am sorry. >> good afternoon, i'm peter war field director executive director of la bore users and if you could identify the agenda with respect to the public comment. you have under item three and four, a number of items subitems, so i wanted to ask what your ground rules would be for public comment. is there three minutes for each item, for example, 3, a, 3 b, or is it some other rule that you should in mind? >> and we will open that up for

views from my fellow commissioners. my thought was that we would take public comment after each subitem. >> that is my understanding. >> that makes sense. >> okay. >> thank you very much. >> you are welcome. >> the next item on the agenda is discussion and possible action on matters submitted under chapter three of the ethics commission regulations for violations of the sunshine ordinance. three a is regarding ethics complaint month 0 no, 03-120402 and the complainant is ray hartz and the respondent herrea. and we present them with ten

minutes and provide the respondent ten minutes as well and we provide the complainant with a five-minute rebuttal. >> i see the complainant, mr. hartz, is the respondent here? >> yes, here. >> okay. >> mr. hartz, ten minutes. >> >> members of the ethics commission ray hartz, director of san francisco open government, i will be using slides and so we may go back and forth here. throughout this i want to consider something that equinis teaches and that is willful ignorance of what ought to know is a mortal thing. 67-16 reads in this last sentence any person speaking

during a public comment period may supply a brief written summary of their comments which shall no more than 150 words be included in the minutes. i think that is a pretty clear reading of the language and i think that most people so far have agreed with my interpretation. but we will get into that later. now the city attorney has added some things and the good government guide and memo and says that the summary is not part of the body's minutes or for its accuracy and the minutes may expressly say so it may be included to the minutes and may reject the summary if it exceeds the word limit or not an accurate summary of the public's comment. the speak's public comment. memo from your staff sort of viewed this as one particular incident alone and if you look

at it that way you might come to one conclusion, but asking you to look at it in the context. after a year of asking public comment be changed to accurately reflect the public comments by speakers and have that denied by the library commission i took to the sunshine task force and on january 25th, 2011 i received a letter of determination, 10054, from the library commission that they stated that in the minutes means in the body of the minutes. that is what the law says and the reading of it says that and that is what is ruled. >> in the case that we are actually talking about, which is the second case on here, which i then took or i asked for the library commission discussed it and said can we do

this and mr. herrera said you can and the city attorney said that it is okay and they decided to discontinue and disregard the order of the task force. i then brought the case against specifically mr. herrera and under the facts and findings of fact and conclusions of law, the task force stated specifically that the task force further noted that the statement should be in the body of the minutes to prevent the public officials from unlawfully abridging critical public comment. >> at that point, and i made dozens of points before the library commission for which he extended and i asked you to look at the law and read the law and determine what it means to you and look at the who decisions that have been issued by the task force saying that in the minutes means that in

the body of the minutes and stated why they did it. but the only thing that the library commission wanted to ask is can we ignore the finding? because the city attorney says that we may do something, can we continue to ignore what the task force has said on two occasions and official rulings and directed us to do? you might make an argument that they were saying that mr. hartz is asking one thing and the city attorney may do something else and that is one choice, by the second order, there was a clear decision. shall, we simply do what we are doing because the city attorney has said we may do it, as opposed to what we have now two declarations from the body, who is by law, determined to be the ones who decide what this

ordinance means. their choice was to advice the library commission let's keep doing it. the questions they never asked is should we ignore the finding? in other words, we have two findings now, one is against the library commission and one against the city lie braeer an and both of them state in the minutes means in the body of the minutes and they then continued and failed to ask, why do we want to ignore the finding? and i think that is the key question here. why did at the want to ignore these findings in my position having experienced this for the last two years, is that they did not like what we said and they wanted to keep it out of the official record. and when they couldn't do that, they wanted to marginalize it by putting it as an adeda and putting it like a footnote and saying that we are not going to

voge for the accuracy of all of this which i think was prejudicial. >> and so we go back to the time line and when they continued to do this, i took the city attorney to the task force. and the city attorney's office tried to defend their good government guide in memo and the task force clearly on december 14, 2011 more than a year ago said that we have made this very clear, we have interpreted the ordinance which is our job to read that in the minutes, means in the body of the minutes. addendas do not apply. in fact they issued a letter to agencies stating that that if another case is brought to us where the 150 summaries are not in the minutes we will rule against you. and here we have another decision point where the city

librarian said i don't care what they say i want to keep them somewhere else other than what the law says they should be. i have another case there, ray hartz verses the public library, in that the public library found luisherrera in violation of withholding public records and this has been referred to the board of supervisors. >> what i am saying is this is a consistent pattern of behavior. this is not just one time in this one instance where he said, oh,, well you know, la, la, la. it is a continuous pattern for two years or more where he said, i'm not going to follow it. i don't care that it is a choice between a legal document that i have received on three occasions telling me what the proper thing to do is. i'm going to ignore that and go

with what it says we may do. i would challenge you, to ask those second questions. why did the library commission and mr. herrera choose to ignore these findings? >> why did they want to choose to ignore the findings? very frankly, i think that any person has a good, safe basis to reconsider previous decisions if they get something that has changed the equation. if i get an order saying, library commission is in violation, i need to look at that and decide whether or not i wanted to just stick my feet in the ground and drag them. when i get one against myself, finding me in willful violation, do i want to just stick my feet in the ground and

drag them? when i get a third one saying that the city attorney's advice is not accurate, do i want to stick my feet in the ground and simply drag them? and i would submit that if you asked those questions, which they have refused to ask, to get to the point where you realize they don't like what we are saying, and one the only person and this is something that i find extremely eggregeous in this whole matter. mr. herrera as a city managal employee covered under this ordinance, choice to put his employees, sue black man, who is a direct report although she works for the library commission and others in a position where they had to ignore these situations and directed them to continue to do something other than what was clearly directed to do three times by the task force.

how much more willful could someone be? i guess, you could force me to take into superior court or federal court, since this is clearly a constitutional issue protecting political free speech. and say, oh, well, if he gets an order from a court, then i guess he is going to have to do it. mr. herrera has dealt with me on all of these matters in totally bad faith. >> the respondent? >> good evening, herrera, city librarian, we have a memo a packet that was presented to you today. i am going to keep my statement

relatively brief. but to say that the library commission has followed section 70-60 of the sunshine ordinance which requires that any written summary provided by a speaker of no more than 150 words may be included in the minutes. the commission also has followed the good government guide and the city attorney has advised the policy bodies that because it is not part of the official minutes adopted by the body it may be included as an attachment or an aden um to the minutes and there is a city attorney stated june 4, 2011 as part of the packet that we provided for you. >> the library commissioners included the 150 word summaries submitted by mr. hartz as addendum and which each summary was commenting on. they are not separate attachments but follow the agenda items in the same document. despite this, the sunshine ordinance task force has filed willful failure to include the

150 summary in the body of the minutes. >> the library does not agree with the findings of the sunshine task force and continues to assert that the preparation of the library minutes follow the law. however, following the lead of the ethics commission in the modification of the own minutes, the library commission has adopted similar modifications to the minutes, in other words, we are incorporating into the minutes. you can see how we are going to follow the modification. therefore the library asks that the ethics commission find that the city librarian luis herrera did not violate the sunshine ordinance as to the allegations and also to have the library commission secretary sue blackman in case you have further questions, thank you.

>> mr. hartz, rebuttal? >> commissioners, this is the same argument that he has been presenting for the last three years. the city attorney says we can do it. and the bottom line is why do they want to? why were they so determined forcing me to go to the sunshine ordinance task force on three separate occasions delaying, delaying sending miss blackman to answer when mr. herrera was the one calling the shots. and mr. herrera did not have the integrity to show up and say to the task force here is why i am doing this. i think that speaks volumes. i think that it speaks to the fact that if i am doing something which i probably know is questionable, i certainly don't want to go before a body who might ask me why are you doing this? i have repeatedly and so have other members of e