commissioner hayon. commissioner keane. i also so certify >> the respondents are presumed to be innocent until the preertdz on the merits unifies regulations for investigation regulations the executive director shall issue an acquisition and the next announcement at a special meeting open wednesday, may 28, 2014, in the matter of ethnics complaint the commission made a determination there's probable cause to building that the following government passing as conduct code and the respondent committed them one the violation of california code subsection a for failing to file a campaign statement form by the deadline of july 31st, 2011, and two one violation of the government code suction a for failing to file a campaign statement by the required deadline of january 2012 and one violation of california code subsection a for failing to file a campaign statement by the required deadline july 31st, 2012, and four one vision of california code subsection a for failing to file a campaign statement by the required deadline of january

commissioner hayon. i also certificate >> the respondent is is presumed to be innocent in a subsequent hearing the vice chair shall issue a regulation for the investigation and enforcement proceedings. >> agenda item 6. the commission voted in closed session not to disclose the closed session dlibsdz the commission sought the advice of the attorney regarding the litigations in addition i wanted to raise one thing during the public comment prior to us moving into the closed session one person was giving a public comment subsequent as we were moving into closed session ms. johnson indicated to me should had not completed her public comment which the staff confirmed we asked ms. johnson to return to give her public comment but she declined and ms. johnson expressed to me that she found my response to be rude and for that i apologize ms. johnson. you need a motion on the session? that >> is there a motion to not disclose the closed session dlibsz related to agenda item number 6? >> second. >> all in favor, s

commissioner hayon >> i'll second that. yeah, i'll agree to that. >> does that is there a motion to do so? >> so moved. is there a second? >> i'll second it. >> all in favor, say i. >> i. >> (inaudible). >> i think you've had public comment on whether or not to go into closed session there's no reason for a second round of public comment. >> the city attorney has advised we've already had. it says on every motion that's the motion before we had a discussion of the agenda >> including whether to meet in closed session. did we just vote? okay >> okay. we are going to - >> why don't we do the public discussion so those folks don't have to wait until we do the other stuff. >> does the public prefer we do that? >> yeah. >> let's do the public session on item 6. gentlemen you want to give us some background and status on the matter that's pending >> this case went to the court of appeals earlier this year. there was a certain amount of time when briefs were submitted by both parties back and forth oral argument were heard on may

we understand that commissioner hayon will be here momentarily first tim i

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 a

commissioner hayon.mmissioner andrews is excised we're expecting commissioner keane mom ring with the harmonies of liberty; the public comment this is not appearing on the agenda. >> good evening chair patrick

commissioner hayon. commissioner andrews is excised we're expecting commissioner keane mom ring with the harmonies of liberty; the public comment this is not appearing on the agenda. >> good evening chair patrick i'm here as a private citizen i'd like to ask the gentleman to distribute the 5 copies for the commissioners leave one for commissioner keane and commissioner andrews that's a formal complaint of a statement of incapable violations by sunshine task force member david. was submitted to the clerk of the board of supervisors this morning and to mr. chad field mr. syncountryside. mr. pill paul has no business coming before you and holding himself out as an agent of the task force. or an ambassador for the task force during the deliberations of sunshine referrals sent to you for enforcement. i believe it's your responsibility commissioner andrews that when mr. pill paul comes up to the microphone and introduces himself david pill paul member of the sunshine task force and sales to mention he's speaki

which i'm sure even commissioner hayon living in the richmond understands the difference between plaintiffs and independents. commissioner keane last month wanted to quickly move to ignore deputy city attorney whites advise to postpone it for a month. commissioner keane according to the audit wanted to jump into an open session on the spot i believe it struck me then and now to the extent commissioner keane elected to attempt to ignore deputy city attorney josh whites city attorney advise. found it like appoints to the sunshine task force. where supervisor tang is using a witness test of undying loyalty to city attorney advise. so if commissioner keane can ignore whites advise why can't the sunshine task force who overall had reached a simple interpretation of city attorney advise. as many city policy bodies often do during open session they found ways to get around the advise presented by the deputy city attorney. but what happened no commissioner keane's idea of gap government transparent and holding it in closed session particularly on a pacing says that's not pending litigation anymore.