renne's foundation in last month's westside observer. second i would like to know when this commissioner is publicly going to inform members of the public what the delay is with the mayor? removing miss gomez. you have let that matter drag on for a year, four months after your determination and you are letting the mayor just ignore this commissioner entirely. during your attention to allen garsman's analysis of the october 22nd hearing on my two matters, he outlined 16 questionable steps about how the october 22nd hearing progressed. first point getting around the ethics commission's representation to the san francisco city attorney, san francisco district attorney, me as the complainant and other respondents, and the san jose city attorney's office. that this commission cannot adjudicate cases involving its own executive director. no problem, next issue. getting around your blatant conflict of interest, playing both judge of in the appointing authority for your respondent executive director. no problem, next issue. having the commission

commissioner renne shall be recused from discussion of this matter. any other views from the commissioners on whether this document should be disclosed? >> i would find it helpful if someone would recap the standards for redaction? what is disclosable? and by what standard one would determine when redacting is appropriate? or unless our -- unless what we're being asked to do is purely provide these documents as redacted, or not at all? >> so my understanding and i will perhaps pass it on to mr. givner to go over the standard. i have printed out for myself the relevant sections. but to recap procedurally what happened, the miss herrick reviewed and determined that the redacted portion was privileged. that was covered by state law and/or local ordinances that protect the disclosure of this information, including c3.699-13a. her proposal i believe is to produce the information as redacted. >> not having that section at my fingertips, or in mind, and i don't -- but it's hard for me to make a judgment on this without knowing what that privilege -- knowing

>> commissioner renne you have been quiet, anything to add? >> no, but i would tend to agree with the city attorney, on his interpretation that we under section 2, can find that there is evidence of a violation but not a willful violation that may be a technical, i mean, i am troubled by saying that whether you get 24 hours and they do it in 36 hours, saying that that is a significant factor. >> but where a significant factor and it may be a violation, technically of the 24 hours but i don't find that it is something that requires great admonition. >> i guess one of the reasons that i have been quiet is that you know, in litigation, when you have a document production request, you are asked for documents and then you say, if the document ever existed, but no longer exists please identify it, well, that is not what the procedure is at the city level, and these people are literally asked, do you have the documents? and they check their files and the ordinary course and came back and said no. it turned out that the documents had at one time been

>> commissioner renne? >> i will so certify. >> i so certify. >> i so sort if i certify. >> i so certify. >> i so certify. >> the respondents are presumed to be innocent unless such time they are proved in the merits. the executive director shall issue accusations for investigations and enforcement proceedings. >> the next item on the agenda discussion and possible action on moats of the commission's regular meeting of november 26th, 2012. >> >> public comment. >> david pilpel on page 3 of the draft minutes under "public comment," is someone following with me sorry. bottom of page 3. under "public comment." mr. ng stated that he needed clarification, i believe needed would be better. on page 4, "public comment," towards the top, my comments stated that the term "qualification" should be included perhaps in the definition, not into. on the bottom of page 4, item 5, the closed session evaluation of director st. croix i believe that should also reference the brown act and sunshine ordinance provisions that per

renne is saying, that if they included everyone's 150-word summary in the body of the minutes, would that in your mind, remedy the issue? >> going forward, yes. but it does not answer the fact that they spent the last two years avaiding it, avaiding it, and i don't think that the law is intended to be something where they go along for two years, and only when mr. herrera has the chance of being found in willful violation, does he actually even show up at the hearings. he sends miss blackman to the hearings to represent him and that is the lowest and the biggest exhibit of lack of integrity, sending a subordinate to answer for your behavior. >> commissioner studley? >> i don't have any questions. i am prepared to speak to the issue when you are ready. >> okay. >> mr. hartz i have a question for you, assuming that a speaker says something during public comment, submits a summary that is radically different from the statement that they gave but submitted it as part of the summary. would it in your mind be satisfacotry to submit it? >> a summary is not the same words that were spoken, it

it omes after the city sccool - board voted not to renne thiee contracts.blufordddrew - jemision east... s one oo the by the eed oo the next sshool year. 2007... and the board chair share of trrubbe in tte ppst. in 2008... one of the school'' seeretaries stole more than 633 3 currrntly in the process of paying it bbcc..uuing tte first two ears... thh sshool 3 academically... but has improoee eeting state standards ii tte llst three yearss tte all- male school ii focused on math and 3& coming ffrm some of the city's toughest neighbohhods. when the school closes... many -3 will be displlced. 3 (15:47) all of us were 3 shocked at the reeommmndation meeaures verybody but in an urban childdennthat's provided you ften have to o more work haader nddlonger to get thhm where that one document wants them toobb. be. phh school board also voted not to renew contraatts fr baltiiore civitas and baltimorr ffeedoo academy.the cciteria was based on accdemic perforrancc.... climate and 33 the recher theater in powson... is closing its ddors & por 17 yearrs.....and ill - rr-open in a few months...as a &

>> i concur with both commissioner studley and commissioner renne on the conclusion. i also did appreciate mr. chavey's historical perspective on this issue. because you know, i have only been on the commission for two years. and i did appreciate knowing what the history of it was. but, at the same time, i think that it also highlights that the ordinance itself is a little bit ambiguous and so i think that there has been confusing interpretations of it. and on top of all of that, the city attorney good government guide issued one interpretation and obviously the task force found another interpretation. and so, because of the ambiguity there, i would find no willful violation by the library commission because there was no clear path throughout the years as illustrated by all of the comments that we have heard from the public tonight. but i do appreciate the library commission's efforts now going forward and the library commission's commitment and its representation here tonight that going forward, it would incorporate the speakers summary in the body of the minutes to

i don't know why commissioner renne fell off the letterhead here. i apologize and i hope he is still with us and perhaps it's just an oversight. plus the date should be 2013. this is actually not a lot of detail. it's like no detail. and this is actually a required annual hearing on the budget pursuant to the charter. i appreciate commissioner hayon's question and the director's answer. i think in whatever transmittal comes from the commission and the staff to the mayor and controller should include some of the that language about things that aren't getting done, could be done, could be done better. i think that very much supports the budget request. and i think that in general terms, that the commission should not acsaid accede and probably not make additional requests for funds, but note there is additional work that could be done with other resources. and hey, i will continue to say if there is a need for a cut, i think we should reevaluate the cost of being on sfgovtv and reserve those funds for only those public hearings like the mirkarimi matt

. >> so, i understand what commissioner renne was saying before that the specific violations that were alleged do not necessarily reach the issue of whether the document should or should not have been retained. >> however, we have a some what unique situation here where we know the document that was not retired does exist. and it does strike me as some what hollow to not evaluate whether or not it should or should not have been retained or was not produced because a document that should have been retained is not. that is what i am struggling with on this particular complaint. it and particularly if miss ballard does not keep anything that she sends out, there has got, there must be there could be instances where she is not following her document policy, and that is also quite troubling for me. so, i really welcome the views of my commissioners on fellow commissioners on how that plays into whether there was a willful violation. >> i think for me it boils down to 67.21 c. about whether any of these individuals should have or the department had an obligation to inform the requestor that

. >> commissioner renne is right to turn to the four alleged violations. what i have been trying to figure out is what an agency has responsibility is for the actions of the agency. and with his responsibility to respond timely to the request for his own documents if there were any that were responsive or was it to see that the agency got the request during an answer on that day or a request for an extension? and that is not specific to him, this will come up over and over again, i think as we deal with agencies where the, or where there are complaints under 67.25. and under 67.21 c, is there an agency

there would be some skiing 20% of the revenue and is there is i didn't million dollars will be new renne knew line item for behind the meter energy production and the model of it sits right now assumes shared savings and cost and is so in all fairness to the consultant we asked them to put together-holistic revenue model not to do rate structures or rate differentiation and so right now, it's a blended model i'll not go overall of the details in the next two badges but that is the thick of it and you will see that the inches are pretty significant and most of the project in particular in the middle of the page are about 5400 energy efficient projects in the city over the next five years. some available of hetchy and if all of these major mage key assumptions come to pass and if the city is able to borrow the near million dollars that,that is the key assumptions that it would take in order for a claim to be able to say to meter or b or to have a rate parody with the p g and e and what is helpful about this exercise is it's helped us put flesh to an idea as far as what would have to align

. >>> coming up on coffee with, it's jeremy renne,r.e script differs from the story. >> sharon's traffic cam is going to tell you about weather around the area. no fog on the topside of the beltway. don, take it away. >>> it's not just fog in the air, love is there too. as valentine's day approaches, we want to see photos of the person who makes your heart skip a beat. up load your photos to cbsbaltimore.com and look for them as part of a big slide show sponsored by reb's homemade candies. it's 20 minutes before 7:00. we will be right back. happy valentine's day. i never knew he liked me. we'd have to keep it quiet. or we could just tell h.r. happy valentine's day. it would never work. try the new brownie batter donut. get any six donuts for $3.99. america runs on dunkin'. this is so sick! i can't believe your mom let you take her car out. this is awesome! whoooo! you're crazy. go faster! go faster! go faster! go faster! no! stop...stop... (mom) i raised my son to be careful... hi, sweetie. hi, mom. (mom) but just to be safe... i got a