. >> and what i hear chair hur saying is that this memo is consistent with the actions we took -- the discussion we had at the last meeting about this. and we would be applying that same standard; that we think that matters -- communications between the comptroller's office and ethics commission staff cannot be revealed, but that communications would be our staff. the fact of such communications and any part not restricted as a communication between ethics and comptroller can be revealed. so she is following on that interpretation. >> this is what you discussed at the october meeting? >> this was discussed at the october meeting. >> yes. >> did i say it incorrectly? >> i think you said it a little more narrowly than we decided. >> okay. >> to the extent that a communication with the controller's office relates to an investigation that is covered. so internal communications, i don't really want to make -- it's probably more accurate to rely on what we decided and said at the meeting, but with respect to internal communications what miss herrick appears to be saying here, if you redact

having the commission chair, that would be mr. hur, review the san jose city attorney's report and formed an opinion on the merits of my case before he allowed me as the complainant to provide my response or to hear the case in an open public meeting. and then mr. hur commented to deputy executive director of ethics, who reports to the ethics director, that the respondent in the two cases, is there any reason why we can't just release the san jose's analysis about why the complaint fails? no problem, next issue. you just charged right through that october 22nd hearing with all sorts of irregularities of how you conducted that hearing. no. 11, allowing chair hur, who should have recused himself because of his opinion that was on the record before the hearing began, to vote on the substantive portions involved. thus improperly providing the three required votes. >> hi. my name is paula danish and i have a serious issue with the san francisco arts commission. i have a street artist's permit and i have had a lot of problems and they have

no. 11, allowing chair hur, who should have recused himself because of his opinion that was on the record before the hearing began, to vote on the substantive portions involved. thus improperly providing the three required votes. >> hi. my name is paula danish and i have a serious issue with the san francisco arts commission. i have a street artist's permit and i have had a lot of problems and they have violated the sunshine ordinance repeatedly over so many years. and it's really affected my life. i have been speaking to your ethics office, about problems posting minutes of the executive committee. they haven't posted in years. and i just hope that you really do a thorough investigation on them, because there is a lot of things wrong with the way they run the meetings. thanks. >> the next item on the agenda is changes to our enforcement regulations, mr. st. croix would you like to introduce the matters? >> these are largely housekeeping matters in following up on the changes that the commission has already made. and are pretty straightforward and i think self-explanatory. >> there are th

. >> thank you, chair, hur. >> mr. ginsberg, what is the department's protocol on looking for back up files and back up data when responding to sunshine requests? and the reason that i ask, also, is it troubles me a bit that the request came in just weeks after the events in question. i think just a couple of weeks or a few weeks. so, what is the protocol for when you know that there were e-mails but they were deleted? >> very close with the city attorney's office on all record requests and when request was made to look at our back up data, i think that our custodian of records went did doing that in conjunction with the city attorney and i don't know that it is a routine practice that we routinely check back up data, i think that when we are asked to do so, we do. >> you waited until the task force called it to your attention and asked to you do it? >> i believe that that was the time frame. >> i am not quite sure of the time frame when we ended up working with the department. >> okay. and so at this point in time, do

having the commission chair, that would be mr. hur, review the san jose city attorney's report and formed an opinion on the merits of my case before he allowed me as the complainant to provide my response or to hear the