to get her on the phone impossible to get anyone on the arts commission they don't return phone calls or e-mails she read the e-mail to me provided me the name of the person i said who is rats so that's the stand next to you that's the daughter she claims you videoed her stand no, i didn't can you send me that attached if you no, i'm not going to send you i'll send an i dr asking for that e-mail i'm not going to send it to you she provided the identity and read me the e-mail and then we found out from an investigation there were two e-mails from her with the second one saying that

fear of retaliation i don't want my identity revealed when rob can crow is to do up here she didn't remember me going to the office friday the second and didn't recall that she was going to talk to lazzaro and send me an overwhelm on the fifths she couldn't recall a phone call from me on the 6th genetically said there was a bunch of phone calls couldn't because she never picks up the phone couldn't provide any information it is not a discretionary in testimony she read me the overwhelm over the phone this is something that the arts commission haven't had does in the claishgz complainants. >> we've heard all that and the

arts this gal denies that conversation. >> she explicit remember. >> i thought that was some assertion she told her. >> in our lion ever acquire that was a conversation that ms. crow had with ms. danish what wasn't there a subsequent conversation. >> no, she never picks up the phone. >> you never had any conversation at any time. >> i think the commission what make a determination whether that conversation took place. >> this is she said she said situation i have no idea what the directing your attention is i don't know seeing the e-mail

will necessarily establish who the conversation leaped or didn't happened ms. audacious had a conversation which who they complained to the the migrants relative so if ms. audacious with correct in our description of what the e-mail says you can come up with a reason this is relevant to me. >> i don't disagree it maybe resist but if ms. audacious is saying she basically, had two opportunities to know the comments of the e-mail one they

claimed that it was read to human resources and second. >> regardless the document will be turned over now whether or not it was a violation she could get the documents because if she knows the contents and the recipients there is no privilege that prevents disclosure. >> i could i suppose if i don't know actually, if the complainants relative were to show ms. audacious the overwhelm i don't know that i guess i don't know why it therefore gobts the city and to protect the identity of i think format if she knows the identity of informant and the e-mail it

explicit justify the basis for withholding. >> assuming everything she is saying is true if many audacious comes to the city and says building i know because i heard it. >> i just wanted to get clarification obtain what conversation ms. crow a conversation you had in dialog form was that not a conversation you had with ms. danish and i've had many, many conversations with ms. danish there's only one conversation i didn't read the consent of the overwhelm i don't know obviously if i had no

reason to withhold the e-mail i don't know if anyone else shared did overwhelm that i don't know. >> but no one in our depth. >> correct. >> you only. >> no, it was not sent to me to my program director. >> if i asking can jump in i've cared we agree that the commission has the option to review the e-mail in camera privately i think that has to occur in a closed session in a next month to month there is newly explicit in the record it so you would it is important to the determination of this question and the commission will have to have the authority to do that. >> and you know if the

commission disregards but it seems clear and if she knows who it is and knows the contents would there be no basis to withhold it. >> to repeat my feeling if a person comes to the city and says i know the identity of the complainant. >> she was accredited the contents. >> if i may. >> i feel the city didn't have an obligation to him it is not. >> has an obligation to prove that the withholding is justified and if you're reilly on the infornts privilege. >> i think that the complainant whoever that was could certainly wave the privilege i don't know if a requester takes it upon him or herself that the city has to

collaborating alcoholic beverage or not alcoholic beverage, you know who that person is by having to disclosure the document. >> this will clear it up this is an overwhelm again that was september on january 16th a different e-mail i request all e-mails regarding inspection howard made on friday january 2nd, 2015, you said you would send me the overwhelm after speaking with lazzaro you explicit when i was able to get you on the phone you cited the overwhelm and cited the author and said you would forward it i request this pursuant to the shorng that was the second one i made which proves that was a phone conversation within me and

crow about the identity was revealed and the e-mail read to me and sometime later open the 15th i got this 18 page documents that was a notice of warning i trurntd the duties of a staff person during an inspection no see any evidence i'm suggesting if i had a notice of e-mail i could refute that this was a phone conversation the reason why they don't pick up the phone is on the voices of the city attorney to leave a paper trail. >> mr. chair. >> i'm not an attorney i was wondering in somehow the privilege is waved is center a distinction between a privilege

being waved compared to the infont ultimately the identity being made not at the hands of the department nicole that's onto the determine in her if the city upholds the prim was the city at fault in identifying the informant they can stand strong they'll continue to you would privilege you take talk to any folks did that absolve us of the responsibility. >> the answer if the city disclosed to this ms. danish or someone else hey, this is what the e-mail says and the identity of the complainant than to the

extent the privilege exists that's a waiver of the privilege but if a person is seeking to know who is complainant it is and looks at all over and pounds the payment and learns who the informant is the city violated the sunshine ordinance. >> but it makes it did the for the arts commission to substantially say you can't have the document because of the informants privilege it is really a tough agreement to say if they know the identity and not turnover the documents i guess there are argument to the contrary it is challenging. >> (inaudible).

>> you've. >> anything else. >> you want to in view of the fact staff said they're not with your of those facts at the time they made their recommendation you want to send it back to them to see who that changes their recommendation? they're recommending that we find a violation on both so and their rational is because the >> the coded didn't apply. >> the exemption don't apply or evidence code is applicable but it preincluded by the section and right. right. >> so sure we could send it

back. >> or vote to either uphold it but let's get it done. >> i recommend we find a violation to not - withholding the public record i move that we find them in violation for the staff to reconsider for the violation here and make provisions to allow us to view the document in camera. >> seconded. >> seconded. >> okay all in favor, say i. >> i. >> opposed? carried forward to nothing. >> was that a willful or non-willful. >> section 27 a arrest we found

a violation for failing to provide the justification for the holding of public record we're dir whether they should have turned the document over to foster analysis in light of the evidence and our ability to look at the document. >> so it is put over. >> that second part is put over. >> thank you very much. >> turning to item 6 discussion and possible action on gina recruitment process charge card john mr. sincroy is leaving his post on august 2015 commission will discuss the search for a recruitment and

human resources will be present to advise the commission and before we - you electro user. >> thank you for being here we should have moved this to further up but i first want to express my regrets that the letter has been not limited to and thank mr. sincroy for all the years ever work in a job that is certainly not an easy job and hopefully between now and august we'll have a more appropriate time to give our thanks for your public service with that. >> commissioners and director my name is a presented with the director of finance for the department of human resources i

manage contract for the department i'm here to answer any questions about the recruitment or the executive recruitment process dr has a search the purpose a pool that is good for another year until may 20160 essentially dr plays an essential role we recommend that the commission through the d hr with a executive recruiter we have recruiters. >> what's done in the past as far as the prior executive order what was done to get mr. sincroy. >> i would with the d hr, however, recently within the

last year or two dr h has assisted a couple of commissions and other departments with their executive recruitment and all of those have been an external executive recruitment. >> commissioner hur for your patience that job the executive director job a a lighting rode and the friends of ethics loor bush have been here often with input and many members of the public what can we do to i mean certainly we you know we can't involve everyone but make the progress inclusive to make sure

we have confident we have someone that last a good amount of community experience. >> i'm not a you recruitment manager of our depending on the level of i guess the executive recruit can form the services a partial recruitment that is a little bit less of an active recruitment and so they do revolver of the extraordinarily outreach with the databases they have a network of candidates they reach out naigs but first and foremost that recruitment will work with the commission and work with the ad hoc smaller committee that recruiter works

with directly and do all the research and advisement necessary for widely as possible. >> i'll throw one thing the commissioners are free to have an agenda item at the future month to month wherever the put is giving they're computed. >> do you have the estimate of a cost of the an outdoor recruitment. >> some of the responsibilities from foreign to 20 thousand the foul recruitment is about thirty to 40 in that range chastises itself distinction between partial and full. >> so the let's see the partial they create a brochure design work with the commission the outcome to the candidates and

initial screening the commission it did vesting of the applicant to get a detailed position to get the challenges and advisements and screening and interviews and the full recruitment is screening candidates and follow-up on the personal interviews and the check backgrounds and for the closed session to review and discuss the stresses and consultant with the ascertainment with the commission with the selection and the consultant with the context schedule and coordinate all the finalist and assist the commission with the terms of the employment. >> the attached to the letter the resignation was an exempt

opportunity and the in relation who was prepared by this was in 2004. >> so you have a level of salary would be you i don't think i presume it is a high-level manager probably at 931 but don't have that information specifically. >> mr. speaker i wanted to hear a little bit more about the foes for full-time which i have search is that generally based on on the flat salary do you go by a percentage in terms of the - >> for the cost.

>> of the recruiter. >> no based on the staffer assassinate of the recruiter their rate and the number of hours they put into the four b and b services. >> i see. >> anything have any other questions. >> thank you very much. >> so when would we have to decide to give us a chance of getting someone into place. >> that's completely up to the commission d h.r. is available to assist you i can be your point of contract for the commission to follow up how you want to proceed. >> when you say the point of contract what you envision the h.r. department. >> my role you'll work with the commission to develop the scope

of the contract using past contract as a template for prior exclusive recruitment. >> work with the go ethics commission and that i will hand that over to the court to work directly with the commission. >> suppose that a clue of recruiter is not hovered the commission decided to it it themselves that is $35,000 what would be the assistance in our role with the h.r. department. >> we offer expertise and the environment i recruitment, however, bans the commerce experience d h.r. has had we've been successful in finding adhesive qualified candidates.

>> question for the staff if we were going to do have a committee it would have to be one or two right. >> this is a good opportunity for me to say i'm going to leave the remainder of tour discussion i want to apply for the position i'm not attempt to influence it in any way so there you go. >> it will have to be h.r. didn't recommend readvertise it and conduct the selection using the voices of the d h.r. and the city attorney to make sure they're no legal pitfalls in the either the commissioners or the

chair could appoint a couple of people to locate the final policy and schedule interviews if closed session we don't know why d h.r. explicit handle this last time it was the city administers office they don't want to do it again i'm the third executive director ointment sure how they found the second one the commission did it itself i don't ever a lot of records but ultimately a manageable pool of if not lift and the inspire commission will make a decision. >> is that something question have to agendize.

>> the interviews yes and not that but the committee. >> i don't think so. >> the chair can appoint committees which i would propose to do if we're going to do it ever we were going to use a recruiter you want to have a small committee being the law son between the recruitment effort and what's coming in i don't think where we find $35,000 and my thought in today's electronic world getting the message out is in the attack me as a difficult task.

>> just as a remainder there was a couple of ranks the full service responsibility for the court from thirty to 40 you can go as low as 15 we i do love of the ground work just when it gets to the candidates that's performed by the commission >> it's possible if we noted to find $15,000 we might be able to do it transfer funds from the salary account i'll have to talk to the mayor's office about that. >> commissioner president keane. >> my feeling this is one of the most important things we'll do i i don't think we should be

clean up on the money aspect of it $40,000 is a good amount but of it's $40 it is money well spent in doing a good job in a invading search we'll be getting a lot of good commitments and pit forgot to us with our review rather than us winging it as a hire committee i don't think that is the way to do that. >> at the end of the day you're going to have to do it. >> yeah. >> once they get it down to 5. >> it's a long day before you get it counsel to 5 it's a mountain if he wanted to find good candidates. >> televised we're going to be a hiring committee i don't want

to start the process standing on mtd saying anybody want a job. >> that's not - >> i don't mean that's what we do but in the ethics community it would be fairly broadly. >> that's the problem. >> because of the internet that's the question the exclusive search organization going countryside will do it the same way but i agree if you we thought the $35,000 was not an doable i don't know. >> i think it should be for important position liquor this and critical commission imi

don't want to throw the city's money. >> we're relative a small commission there are there any compatible commissions in the city there are hiring of an outdoor search firm for an executive director. >> yes. a commission that probable was the same size probably smaller and opted for the 15 thousand executive recruitment. >> what service. >> civil service commission. >> i'm sorry. >> civil service commission. >> so we can there's an a - a process for the analysis approved budget so we can rely on that maybe have you