whereas the proposed revisions and the rates and fees are more intended to align and to improve the rierp and replacement of infrastructure. would that be in an appropriate place to reference in the totality of the revenue package that the commission adapted >> that would be a fine place whereas in the whereas place or immediately following whereas. >> okay. i'm going to ask you if you wanted to take a shot of saying exactly what you wanted to say i'm not sure i can draft the whole whereas clause without future clarification if we want to come back >> we can do that when we come

out of closed session. >> we could let me suggest whereas on some say commission adapted the budget with the balance of set of provisions including those rates. >> i have a question would it be appropriate to continue this item when we came back tb closed session and put it into item 13. >> we could continue item 13 after we come back from closed session. >> is that your pleasure. >> okay. so we'll go ahead and do that item 13 we'll suspend

until we come back from closed session any public comment on that item? seeing none, public comment is closed madam secretary next item, please. >> public comment on matters to be discussed in closed session we'll read the closed session items first, the litigation with the leon vs. city and county of san francisco and 18, 19 and 20 have been removed from the calendar so any public comment on item 14. >> i'm going to call for public comment seeing none, public comment is closed we proceeded to closed session. >> we need another motion on item 14. >> it's been moved to the attorney-client privilege and seconded. > all in favor, say i.

>> okay. we are back briefly from our closed session. my announcement following that closed session is that the commission did approve a settlement for item no. 16. i will call for a motion. is there a motion on the floor whether or not to discuss the discussions held in closed session? >> it's been moved not to disclose. is there a second? >> second. >> all in favor say, "aye". >> aye. >> the item carries. commissioners, anything more? >> the last item 13. >>

city clerk: item 13. pub hearing for the san francisco public utilities commission to consider and possibly adopt a proposed revised schedule of rates, fees and charges for hetch hetchy power enterprise electric utility service to those municipal departments of the city. >> i will entertain a motion? >> commissioner moran? >> shall i move the entire item first? >> why don't you move the amendment first and then we'll call the entire item. >> i will move to add a "a whereas" clause on page 2. it would read as follows.. "where as the proposed rates are one

of many puc actions taken as a whole are sufficient to fund adopted by the puc on may 13, 2014:" >> is that your motion? >> that is the motion. >> the motion to amend the item as discussed. commissioners any other conversations about the amendment. is there a second? >> the amendment has been seconded. is there any public comment on the amendment? >> seeing none, public comment is closed. >> all in favor say, "aye". >> aye. >> opposed the ayes have it. the item is amended. commissioners, what's your pleasure? >> item moved by commissioner moron. is there a second. >> second. >> is there any public comment on item no. 13 as amended? seeing no public comment, i will call for a vote. all in favor say, "aye". >> aye.

>> the item carries. if there is no further business, no objection, this meeting is >> we're here to raise

awareness and money and fork for a good accuse. we have this incredible gift probably the widest range of restaurant and count ii destines in any district in the city right here in the mission intricate why don't we capture that to support the mission youths going to college that's for the food for thought. we didn't have a signature font for our orientation that's a 40-year-old organization. mission graduates have helped me to develop special as an individual they've helped me figure out and provide the tools

for me that i need i feel successful in life >> their core above emission and goal is in line with our values. the ferraris yes, we made 48 thousand >> they were on top of that it's a no-brainer for us. >> we're in and fifth year and be able to expand out and tonight is your ungrammatical truck food for thought. food truck for thought is an opportunity to eat from a variety of different vendor that are supporting the mission graduates by coming and representing at the parks >> we're giving a prude of our

to give people the opportunity to get an education. people come back and can you tell me and enjoy our food. all the vendor are xooment a portion of their precedes the money is going back in >> what's the best thing to do in terms of moving the needle for the folks we thought higher education is the tool to move young people. >> i'm also a college student i go to berkley and 90 percent of our folks are staying in college that's 40 percent hire than the afternoon. >> i'm politically to clemdz and ucla. >> just knowing we're giving back to the community.

>> especially the spanish speaking population it hits home. >> people get hungry why not eat and give >> good afternoon and welcome to the special meeting of the san francisco ethics commission we will begin by taking the roll. commissioner keane. commissioner renne. commissioner andrews. we understand that commissioner hayon will be here momentarily

first timber item is public agenda that are within the jurisdiction of the ethics commission. >> good evening gentlemen. some of you know me, i'm allen grossman the original petitioner of the litigation that's a agendized as number 4. i have essentially two comments of a general nature. one is over the years as commissioners we are appointed address serviced they are terms and mr. synquid and his staff including the lawyers handled all the note to routine activities for which the commission is ultimately responsible for. those activities included

enforcing not compiled task forces with his hostility to open government is well known it was, in fact, quoted in the new york times and particularly has the task force as one of his objects. so in that roll he has a record of dismissing or finding in violation in other public records matter about 40 of them 40 since 2005. in my 2010 lawsuit he was forced to concede he couldn't withhold records the city paid my $25,000 attorney fees. the other point is really serious. you must be aware of gravity of

many sin countries position in the article agenda 4. it is contrary to the commissions own bylaws contrary to their own bylaws and will golden gate park others city personnel to seek help from the city attorney's office contrary to the specific requirement in the sunshine ordinance the city not as act as legal council for my city employee or my person having a record for denying assessing access to the public. as a kwubs it will discourage the records and nine the task force ability to inadequately resolve those issues or obtain compliance thank you.

>> members of the ethics commission ray san francisco open government i'm going to reaffirm the words of the prior speaker only changing one i think the city attorney's office on a regular basis to encourage city employees to withhold records the reason i hold 17 orders which determination from the sunshine ordinance task force one of which is an order of determination against deputy city attorney acting as the records person after a year i petitions her and she denied the petition because she was still producing them i petitions her again, after a year and it was

denied because he was still producing records even though the lieu talks about the timeframes in responder to a public records request. now the city attorney in this case was found by the task force acted as a counselor for the city librarian and my argument was if you 1e6r7 sit back and don't do what upper required to do balling and euyou allow that are person to withhold resources you're a participant. we now know that the practice commission found it they she violated the laws in which he under penalty of perjury had said he got nothing from the

public library he got 5 thousand dollars or more of trips and hotel consumptions and other benefits all of which he knew because he was the librarian since 2006 and took the ethics training knew he was required to report he was only able to do that because the city attorney refused to do what the law said get and provide the document and if not require it to this city attorney or the attorney general so basically you're going to sit there as at the city attorney help people not get records and the law requires you to do that this is the same thing as acting as council no difference. now are you going to listen to any of this that's said today.

it's difficult to get a man to listen when a man similarly is in a position not to understand. >> good evening, commissioners dr. derrick occurring. in 2009 mr. sin country had to say he had no basis for withholding documents and this city ended up paying $25,000 no city attorney fees now mr. syncountry if sustained it is contradicting little public documents. according to our website quote the commission provides records in ethics matters unquote unquote and contrary to your

mission to practice and promote the highest standards of ethnical behavior in government. the mission goes on to say in order to accomplish that the commission shall enforce the campaign finances and open government laws. the commission shall should is question the action by mr. syncountry has he not experimented your decision making process and the brown acts about president chiu public meetings he defied the task force and took it upon himself to defend the layout then when he lost he brought an appeal on his own all could have been resolved if brought before the

commission before litigation. thank you >> i'm pete arrest warrant field the director of the library associations we've had a variety of containments including at least one that was included in mr. grossing man's lawsuit which he won and that concerned the ethics commissions not handling and not finding nothing in the complainants favor in, well over o a dozen cases of the sunshine task force. once again and those were not taken up by the commission but determined by mr. syncountry without the commission having a

hearing now your flaking to do something where mr. signifying i syncountry is going to act on his own. your bylaws require you to comply with the sunshine ordinance and should you decide to support mr. syncountries claim that the notification retains you will be violate our own bylaws. african-american your bylaws takes two meetings and a 10 day notice and it's the beginning of a slipper slope for the sunshine laws for the ethics commission not only the one involving public access but that i san francisco iktsdz codes this is contrary to our mission and our reason for being - thank you

very much. >> hi i'm hope jacque the former chair of the sunshine task force i have somewhat of a acknowledgeable mission between the task force. i understand i referencing item 4 on our agenda there's an issue related to the city attorney's office not following the come forward out section of attorney-client privilege in the sunshine ordinance. i want to point out that commissioners, i remind you that in the ethics commission file number 080116 that you discussed on january 28th are 2013 that the city attorney said whistle blower complaint everything was attorney-client and nothing could be seen. we came before you and asked the

san jose city attorney's office review the file they found it was overreaching and not exactly investigative records but some should have been redacted and i feel the city attorney maybe overreaching the attorney-client privilege once again so look at that once again to remind you there are wants when you have is to access how the attorney-client applies under the law. i also wanted to reemphasis that the ethics commission bylaws requires that the ethics commission comply with the sunshine ordinance and because the sunshine ordinance is broolgd access it why the attorney-client section is in there so that the city attorney

and the deputy city attorney can't give the city employees assistance and withholding public information or records and if that if the public isn't able to evaluate that we can't see what kind of advise the city attorney t is giving you on open records this isn't related to things that are privileged so if upper to find that this privilege is being sections out by the ethics commission you don't didn't have to abide by the attorney-client then you would be violating our own bylaws that requires meetings that are not only san francisco laws but under the california public records act. thank you

>> hello. my name is michael i'm a gay bloggerer and a person with aids i'm wearing a button that says science equals death it's the aids years of the 1980s to the office of silence equals death we need a lot more sunshine in city government and a stronger enforcement from the task force from this be ethics commission. so i'm a proud member of the sunshine group that is here today and i'd like to call your attention to the matter that's before you allen grossing man's lawsuit. i want to state that since all the actions taken by mr.

syncountry of the ethics department before and after the sunshine process and in the litigation were taken without the commission first authorized them by following the requirements of the brown act and properly agendized public meetings where in public or closed session their legal effect even if the court of appeals decided in favor of the commission is questionable at best. the sunshine community will certainly pursue that course all of that could have been avoided in mr. syncountry submitted his process before the lawsuit was filed. this is an important matter i hope you'll give the proper

attention and weight he regarding allen's lawsuit we need for you to do a better job of advocating for sunshine for the public that is filing those complaints and wants to see have more sunshine in our government and i'm going to say it one last time sunshine equals life we need more of it. thank you. >> good afternoon. commissioner hur and commissioners i'm patrick inherits ago the published agendized item doesn't meet the requirements the sunshine ordinance for a number of reasons is grounds for filing our sunshine complaint on the sufficient agenda items. the commission is not the defendant in this lawsuit as the

folks wrongly states you're the petitioner and your you agenda is misleading it's a material issue because you have not taken action to authorize this suit in our name and yet you're calling yourselves defendants. doing so your obscuring this important contradiction this appears to violate section 68 point lvlg that states quote prior to my closed session a policy body shall state the general reason or reasons for the closed session and in the closed session the policy body my consider only those matters corded in its statement.

today's agenda has not done that inaccurately by failing to mention two basic matters first is - in the two sided lawsuits involving the two key sections of the agenda regarding access to public records that's a major omission and the other the inclines to the brown act. commissioner keane, commissioner, did any of you receive records from mr. syncountry prior to today's meeting if you did you have to make them available to the public you have to make them

available prior to the meeting. >> the next. good evening david former chair of the sunshine task force i don't want to confuse me with the other people because 33 the other people don't want to be associated with me i want to say with regard to the draft minutes i've provided staff with some suggested edits that help to not change the substance of what happened last month and the agenda items i'll suggest that the amendments to the lobbyist amendments be reviewed at the next meeting or the one after that and i indicated last month

depending on how the next referral from the task force regarding the records of the planning department it maybe time to review the procedures for handling the matter i've had discussions with the staff my hope they've been productive and feinstein in the event that the grand jury has another report we should probably set aside times for that either in jump or the august meeting. thanks i intend to comment on item 3. >> next item is on the agenda is discussion and possible action regarding the cpc. syncountry do you want to introduce this matter >> has the mem