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Jan 30, 2013
01/13
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mr. st. croix and his staff, his deputy director, the entire ethics commission, i mean ethics department staff, more than likely had access to that file. they knew what was in that file. withholding it under misguided interpretation of 1040, and c3-699.13, all of that was willful. i think miss herrick made the recommendation that the material should be released, knowing that it was willfully withheld. that it existed in the file all along. and that had you, as commissioners, done an incamera review of the entire file enstead of just an incamera review of 20 pages after -- three months after you made your decision on october 22nd. you could have looked at that file incamera before october 22nd. and you may have none then that it was willfully withheld then and maybe you would have reached a different outcome when you considered my case. instead, mr. hur prejudiced the october 22nd hearing. which with all due respect, sir was willful prejudice. >> dr. derrick kerr again. another issue that comes up w
mr. st. croix and his staff, his deputy director, the entire ethics commission, i mean ethics department staff, more than likely had access to that file. they knew what was in that file. withholding it under misguided interpretation of 1040, and c3-699.13, all of that was willful. i think miss herrick made the recommendation that the material should be released, knowing that it was willfully withheld. that it existed in the file all along. and that had you, as commissioners, done an incamera...
SFGTV: San Francisco Government Television
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Jan 29, 2013
01/13
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mr. st. croix, can you come to the podium, please? >> in terms of the three pages of documents in question once redacted they are rendered meaningless and as such, provide no usable public information. so just in defense of that, it's not withholding any information that is usable by the complainant or any member of the public. >> in that regard i found dr. kerr's comment informative. my organization files for requests and record requests with the state and think there is a difference between a document, however frustratingly redacted and no document at all. with that said, i can understand that that determination was made in good faith by the commission in applying what they understood to be the standard. >> mr. givner? >> just jumping in and following on what i said earlier. mr. st. croix is right. and in that the city, when we such a sunshine complaint, the department is not required to produce page after page of entire redacted information. but if there is substantive information in the documen
mr. st. croix, can you come to the podium, please? >> in terms of the three pages of documents in question once redacted they are rendered meaningless and as such, provide no usable public information. so just in defense of that, it's not withholding any information that is usable by the complainant or any member of the public. >> in that regard i found dr. kerr's comment informative. my organization files for requests and record requests with the state and think there is a...
SFGTV2: San Francisco Government Television
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Jan 15, 2013
01/13
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mr. st. croix was saying towards the end and we will do so, if possible. i second mr. st. croix's statements about this process. it has been a long process, but i think a good one, where we have gotten a lot of people weighing in. i think the commission has heard those voices and tried to incorporate all of those points that we think make sense and that will help facilitate the process we are intending to embark upon with respect to these sunshine ordinance complaints. the first decision point is regarding the definitions in the regulations. did anybody have any comment about those? decision point 1, chapter 1 of the proposed regulations? i had one question about the use of order of determination. i probably just missed it, but where do we use that term? >> chair hur? >> yes. >> i don't believe it's used in the regs. i think it's just kind of to identify what would be a referral coming from the task force. >> okay. would it be -- i mean we do refer to "referral" quite often. i guess i'm just wondering whether we should have it, if we don't use it or if we have it, do we wan
mr. st. croix was saying towards the end and we will do so, if possible. i second mr. st. croix's statements about this process. it has been a long process, but i think a good one, where we have gotten a lot of people weighing in. i think the commission has heard those voices and tried to incorporate all of those points that we think make sense and that will help facilitate the process we are intending to embark upon with respect to these sunshine ordinance complaints. the first decision point...
SFGTV: San Francisco Government Television
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Jan 1, 2013
01/13
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mr. st. croix? >> so moved. >> second. >> all in favor? >> ea. >> opposed? hearing none, let's move on to decision point 8. i am certainly sensitive, mr. knee, to your concern that there are new task force members. however, i think for me at least, given how long this process has phon gone and the great detail of input we have gotten from you and other members of task force, i do think we need to move forward here. certainly we're not closed to improvements to these regulation as we go forward and close this. any other comments with respect to decision point 8? >> i agree with chair hur and the fact that we can take insights from the task force and it's new membership, and improve this or improve it in light of our experience is telling. it has been a long time. and it's tempting to say what is another month or two? but the challenge of even getting us together or the task force together for additional meetings has proven so cumbersome, although i'm usually a great optimist, i'm not optimistic we could do it that quickly and then time would move on. i also am
mr. st. croix? >> so moved. >> second. >> all in favor? >> ea. >> opposed? hearing none, let's move on to decision point 8. i am certainly sensitive, mr. knee, to your concern that there are new task force members. however, i think for me at least, given how long this process has phon gone and the great detail of input we have gotten from you and other members of task force, i do think we need to move forward here. certainly we're not closed to improvements to...
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Jan 29, 2013
01/13
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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 three decision points. the first is shall the commission approve the addition of section 3d as set forth on page 3 of the enforcement regulations? the second is to approve the deletion of other references to the sunshine ordinance and the enforcement regulations. and the third is to change the definition of "business day" to comply with the sunshine regulations that we propagated previously. these seem to me to be pretty straightforward administrative changes. is there any discussion on these? anything from the city attorney? public comment on this item? >> [tkpwao-frpl/], my name is dr. derrick kur, my comment is not specific to the sunshine ordinance modifications, but does refer to section 6a of your enforcement guidelines. my recollection is that the ken civil grand jury when they did their report,
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 three decision points. the first is shall the commission approve the addition of section 3d as set forth on page 3 of the enforcement regulations? the second is to approve the deletion of other references to the sunshine ordinance and the...
SFGTV: San Francisco Government Television
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Jan 31, 2013
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mr. st. croix, can you make the announcements? >> finding of probable cause for ethics commission complaint 13-111013, at its regular meeting of january 28th, 2013, in the matter of ethics complaint 13-1103,the ethics commission made a determination that there is probably cause to believe the following violations of the san francisco campaign and governmental conduct code occurred and that the respondents committed them. one violation of san francisco campaign and governmental conduct code section 1.1 16 subsection a2 for reporting and receiving a loan to his candidate committee in excess of $120,000. two, one violation of san francisco campaign and governmental conduct code section 1.1 16, subsection c, for repaying aloan amount in excess of $120,000. 3 one violation of california government code section 81 104, subdivision a has incorporated into local law by san francisco campaign and governmental conduct code section 1.1 106 for not accurately reporting either the correct amount loan or the dat
mr. st. croix, can you make the announcements? >> finding of probable cause for ethics commission complaint 13-111013, at its regular meeting of january 28th, 2013, in the matter of ethics complaint 13-1103,the ethics commission made a determination that there is probably cause to believe the following violations of the san francisco campaign and governmental conduct code occurred and that the respondents committed them. one violation of san francisco campaign and governmental conduct...
SFGTV: San Francisco Government Television
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Jan 1, 2013
01/13
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mr. st. croix? i think mr. pillpa's point that if you read in what we defined as "support," into it and replace it, it starts to sound fairly redundant. >> well, if i might? i think where i'm having the most trouble now and we're into subsection b for a second. on line 7. that you can have a circumstance where a primarily formed committee perhaps is only filing semiannual reports and not pre-election reports, but in the instance where that primarily formed committee supports a candidate and using the language "support [o-eufpblts/] ," going to the definition here. i think you are trying to get in that instance a primarily formed committee. >> the reason leaving it in is not redundant, they are going to try to self-define, if they want to get around this provision. >> right. >> so i want them, if they say, we're not raising money to elect him or her, we're just raising money to encourage them. that is covered. we say we are not supporting their election. we are only supporting their candidacy. we might be absurd
mr. st. croix? i think mr. pillpa's point that if you read in what we defined as "support," into it and replace it, it starts to sound fairly redundant. >> well, if i might? i think where i'm having the most trouble now and we're into subsection b for a second. on line 7. that you can have a circumstance where a primarily formed committee perhaps is only filing semiannual reports and not pre-election reports, but in the instance where that primarily formed committee supports a...
SFGTV: San Francisco Government Television
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Jan 29, 2013
01/13
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mr. st. croix would call me. i came back a week later to find out why no one had called me and she said that the mayor would be complying starting next month, even though the notice period is 15 days under the law. i asked a series of questions, has there been into complaints so far? do you have any documents relative to? and to seech question she responded i'm not clear on that, after i had gotten that same answer four or five times it was clear to me this was just another cover-up, even before the facts had been established. you have to realize that this comes on top of the abuse and dishonest that we get every place else. i mean, if the mayor's office is just a gang, and the library commission is just a gang, and there is no reason why you should be socially responsibility, because the ethics commission is just a gang, then we're just going around in circles. you have to realize that this is, in fact, cover-up. mr. st. croix sees himself, obviously, as a situation where everybody else in the cit
mr. st. croix would call me. i came back a week later to find out why no one had called me and she said that the mayor would be complying starting next month, even though the notice period is 15 days under the law. i asked a series of questions, has there been into complaints so far? do you have any documents relative to? and to seech question she responded i'm not clear on that, after i had gotten that same answer four or five times it was clear to me this was just another cover-up, even...
SFGTV: San Francisco Government Television
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Jan 30, 2013
01/13
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mr. st. croix about why he forget that these emails were in the file. you should have been made aware of that, at least by last october 22nd. and it took miss herrick, in my humble opinion, the wrong jurisdiction to arrive at that conclusion for you. so i am encouraging you to release those emails. it's your ethical duty to do so and it's not your ethical duty to dream up a further exemption to withhold them any further. >> public comment on this matter? ? commissioners, ray hart, director san francisco open government. as i mentioned earlier, every agenda of every board and commission in this city has on its agenda know your rights under the sunshine ordinance. and yet it is really really a task to push that rock up the hill and get people to actually follow the law. for example, this body in my 150-word summaries, when i had four orders of derrillation from the sunshine ordinance task force, all of which were ignored until at some point somebody made a decision that my 150-word summaries would go into the minutes as required by law. there is no explan
mr. st. croix about why he forget that these emails were in the file. you should have been made aware of that, at least by last october 22nd. and it took miss herrick, in my humble opinion, the wrong jurisdiction to arrive at that conclusion for you. so i am encouraging you to release those emails. it's your ethical duty to do so and it's not your ethical duty to dream up a further exemption to withhold them any further. >> public comment on this matter? ? commissioners, ray hart,...
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Jan 1, 2013
01/13
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mr. st. croix, did you have something to add? >> no, i was just thinking that the circumstances are going to be limited anyway. if a vote is -- if there is four people and the vote is 3-1 against the respondent, the result is not going to change even if the other commissioner was there. and if there are three commissioners, and the vote is 3-0, the addition of two commissioners wouldn't change the outcome. >> right. it's the situation where it's 2-1 and the 1, particularly in a situation where the 1 is the vote to find the violation. and then you have basically found a violation based on one vote. >> yes, so if the situation was 2-1 or 2-2 the outcome could change. in which case that is when you would not postpone, but continue the hearing to the next session. >> i like this idea of requiring four. we require it for some things already and i think this is something where it would be helpful. >> are you saying a vote of four or four people at the meeting? >> four people in attendance is what i was thinking. >> yes, that is right.
mr. st. croix, did you have something to add? >> no, i was just thinking that the circumstances are going to be limited anyway. if a vote is -- if there is four people and the vote is 3-1 against the respondent, the result is not going to change even if the other commissioner was there. and if there are three commissioners, and the vote is 3-0, the addition of two commissioners wouldn't change the outcome. >> right. it's the situation where it's 2-1 and the 1, particularly in a...