mr. herrera. >> just mr. herrera. >> as i read it, it says the written order, october 2nd, 2013, the task force again heard the matter. it found luis herrera in violation of the sunshine ordinance. it determined [speaker not understood] and referred the order to the ethics commission. so, that, one might think there is a fairly serious question a to whether there is a proper body against whom to charge. mr. herrera is an employee. >> yeah, i think proceeding against the library is one thing, but proceeding against mr. herrera is a whole different situation. whether we have the proper party before us for us to take action, i think commissioner renne raises -- >> the referral is against mr. herrera, so, he's the proper authority. it's -- the sunshine ordinance task force found him in violation of 67.15 sections a and b which deal exclusively with public comment. so, the question the commission has to decide is was the task force correct in making the determination that mr. herrera violated toes two sections. ~ t

mr. herrera? >> go ahead. >> sorry. it doesn't -- i mean, i'm looking at 67.34 and, you know, it deals with willful -- it deals with willful failures of owe official misconduct and it states that willful failures have to be directed at individuals. it's silent as to nonwillful failures. and then when you look at chapter 2 of the ethics commission's regulations regarding sunshine ordinance, you know, in section 1a, 1b, it refers to nonwillful violations of the sunshine ordinance by elected officials, department heads, or city officers and employees. so, it doesn't appear to contemplate the possibility of a nonwillful violation by a commission as an entirety. >> or by the library, for example. >> or by an entity, right. >> so, it sound like it's a little unclear as to whether there would be anybody else that a complainant could name in a situation like this. >> right, right. i think that's right. i mean, i don't know whether it's possible, for instance, to name a librarian. if the librarian is named in his capacity as the

mr. herrera here taking a position to defend

mr. herrera from the commission? >> i have a question. i'm just not clear on what exactly mr. hartz was requesting. i mean, was it use of computer graphics or what? >> my understanding is that he wanted during each public comment segment of the agenda to show powerpoints and to show audiovisual material as part of public comment. >> i see. >> and we did not have the set-up currently configured to allow for that. >> thank you. >> commissioner -- >> i understand that, mr. herrera, you have a podium for, i take it, the staff when it makes its presentation to the commission. and then there is a separate podium like there is here where the public makes their comments. >> that is absolutely correct. >> and your audiovisual equipment is on that podium for the staff. >> that is correct. >> now, you have said that what's shown on the audiovisual is whatever has been prepared by the staff? >> that is correct. >> and is there something that some public group can also have shown at that time? >> no. the only time that we have additional audiovisual equipment is when it's part of the agend

mr. herrera does not want me to be able to use in my public comment and he took had job in 2006 and went through ethics and sunshine training in 2006, 2007, 2008, 2009, and 2010, and in 2009, filed a purgered statement saying that he got nothing from the friends when in actuality he got over $5,700 worth of reportable items and took the training next year and filed a false report and if you go back and look at the years prior to this, this is only because they could not go back more than 3 years. he is a deceitful person and he deceived you, and he deceived the library commission by saying that it is a $40,000 to give equal ground, and he is just a liar and i don't use that term lightly and he is an admitted purgerer. >> david pilpal. >> on page seven of the minutes and i am sorry that i was not at the meeting last month, and the four paragraphs. >> and you were not there much at all. >> i have been around. >> all right, never mind. and for paragraphs up from the bottom on page 7, the second line, executive director stated that she should have requested it, and might you insert, st. croi

mr. herrera some guidance a to what we think he ought to be doing. >> okay. all in favor? >> aye. >> opposed? >> no. >> it passes 3 to 1. >> okay, the motion passes 3 to 1. i would strongly urge the librarian to try to figure out some way that this can be resolved. even if it's not a perfect solution, i would try it and at least see what you can do. clearly you heard some significant concern about whether this was appropriate and how the public is reacting to this, so, any other -- >> i would join in that. obvious -- i mean, we all understand that a visual presentation is more persuasive, at least to the publicitying behind where they see it rather than a handout which they may or may not get a copy of. and i don't know, if there's no power to the lecturn and there is no outlet close enough so you can run an extension cord to allow them to have a transparency type and a roll-up screen, not very elaborate, but something that would allow the public speaker if he or she had something that they wanted to show to the commission and to the public put up there to reinforce the ar

mr. herrera was violating a law and committed perjury saying he got nothing when he was getting 4 to $500,000 year and under penalty of perjury claimed he got nothing he's the next one to go. >> >> thank you. next speaker, please. >> secretary of state hillary clinton on a meeting addressed the meeting of armenian genocide it's been viewed and properly so and so so as a matter of historical debate and conclusions and not political it's right for the united states government to try to use government power to resolve historic issues opens a dangerous door i agree hillary clinton whether the armenian citizens have done the yesterday acid there's one tour guide in hungry that talks about talked about this they don't need opinions about the misdeeds of their grandparents it scapegoats the tucker's and services no purpose in san francisco. you supervisors should be asking in our own constituents rather than worried about the foreign world >> hi i'm terry - i want to go hang out i wind up being on the street loan so the muni is important it makes it different to get around and wasting a half an hour

mr. herrera i specifically asked for anonymity on the form which is under the law is required and got the task force got a letter from him disclosing my name my address and my e-mail address and my telephone number and making the statement that it was luticris to ask for anonymity because everyone involved knew that it was me, so to, you know wh, it comes to his own efforts he really does not walk the walk. george orwel said in a time of disseat, telling truth is the revolutionary act and i want to exempt two members of this commission from the following

mr. herrera i specifically asked for anonymity on the form which is under the law is required and got the task force got a letter from him disclosing my name my address and my e-mail address and my telephone number and making the statement that it was luticris to ask for anonymity because everyone involved knew that it was me, so to, you know wh, it comes to his own efforts he really does not walk the walk. george orwel said in a time of disseat, telling truth is the revolutionary act and i want to exempt two members of this commission from the following statement. mr. gavel to gavel each meeting is a time of deceit, question why the department head in the city should be held accountable for the actions or in actions of those under his direction and control is without logical basis. and when a department head accepts a position, takes an oath and accepts a salary, they have a responsibility to the citizens of san francisco. do you believe that mr. ginsburg was not informed regarding this matter? do you believe that he did not purposefully avoid attending the hearing, as the sunshine task

mr. herrera was here and he said that i am simply following the directions of the board. and i gave them the problem and this is what they told me to do. and we said does that pose a problem and i sort of joined in mr. andrew's comment is that, is mr. ginsburg being named only because he happens to be head of the department? or is he being named because he personally performed some act and i look at the referral here and it was a referral that says, in that, to find the recreation and parks department in violation of the sunshine ordinance. for enforcement and then it says referral for the enforcement specifically naming phil ginsburg, director of recreation and park department responsible. which is sort of i don't know, if they are saying that we can simply say that we think that there was been a violation, and hold the department responsibility and mr. ginsburg in his capacity as the head of the department, is responsible, because i mean, clearly, i think that none of us are going to find a willful violation, and so if we are talking about a non-willful violation, and w

herre herrera, in particular that will spend a lot of time collecting restitution and dealing with issues with this legislation. and i want to thank ed miskin, from the eta, and mohamed urer, and mrs. kelly, and chief of police suhr and director of finance. and the san francisco police department that is in charge of managing a lot of graffiti cases, and the gab members, the san francisco arts commissioners and staff and artists and san francisco beautiful and its members. thank you all for helping to craft this proposal. i want to give a little background about the reason why we came together to really address this particular issue. according to our knowledge and legislative analyst, it costs the city close to $20 million annually to abate graffiti on our buses and property and all throughout the city. and the city could use this money to use for other things. as former director and supervisor now, i see the huge cost of graffiti incur. and i hear from property owners that paint over offensive graffiti and to return the next day. i have seen people wait for the muni buses. many trying to remove graffiti, and needs solutions. i didn't want to use those who view crime as a harsher