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tv   [untitled]    June 29, 2015 8:30pm-9:01pm PDT

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er renne did with the legislation we just discussed but would like to take on as a task to assisted in responding to and prep response to the recommendations? >> you're putting us all on the spot. >> hearing none at the moment i'll see whether or not i can find a volunteer maybe i'll have to take it on. >> achiever i have a question maybe for the city attorney one finding i had a question about number 4 the changing of the burden of proof for the complainant is that something we can implement? >> so my understanding the
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burden of proof set up it mirrors sort of a lot how did the statutory claims come up and i have preserve and interpret that as subjecting to the prelims of the preliminary interview stage that is something the commission can take up that is one of the project on the going forward calendar that's a reoccurring issue who is what should preliminary be so it showcase something we can take into account. >> thank you. >> turning to item number 6 on the agenda the discussion and possible for the matters subject under chapter three of the ethics commission report as the commissioners may recall this is a matter that was before us some months ago and is now came back to us from
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the sunshine committee after the sunshine task force after we sent it back to them. >> that's correct but by way of classification did the commission approve the draft responses to the - >> before i all right. i've been requirement i didn't get a specific motions does anybody have a motion to approve the responds. >> second. >> all right. any discussion? any public comment from we vote on this? >> if i heard correctly you're going to approve the response to the civil grand jury report. >> yes. >> it is very vague maybe we'll do it partially agree at some point consider that can. >> it would be more reinsuring
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if someone takes this on a a subcommittee like commissioner renne. >> the other comment. >> i'm sure i didn't see the agenda the ginsburger matter. >> they've reminded me i didn't get a vote on approving the responses to the generalizing report item 5 before there's a motion and i will call the question. >> all in favor, say i. >> i. >> opposed? hearing none it is passed unanimously now it is item number 6 which is the ethics complaint regarding the alleged violations of the sunshine ordinances and i don't know is the complainant here?
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the record reflects the complainant was notified and is there anyone on behalf of respondent mr. ginsburg >> good evening. i'm aaron are the rec and park department to speak on this item i'll be brief we urge you to adapt a represents for the staff report we fold the city attorney responding with the council they've included that the violation of law right to privacy was important and the disclosure of their personal information has not shed light into the departments partition of the wait list more broadly i'll say that we as the department we respect we have the right of the privacy for the residents and the members of the public we serve and we believe that it is essential to maintain
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the highest level of service so we urge you to find according and no violation of the sunshine ordinance occurred thank you. >> any other public comment? >> patrick shaw i was disturbed you were reaching a different findings than the commissioner my recollection of the testimony before the notification eir ethics commission by rec and park representatives was that they were just following the good government guide as commissioner renne has rightfully noted carries in
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weigh in law i don't think if you're reaching a different finding than with john was i tenderloin with our guidelines for hearing sunshine cases but i'm flifrm of the opinion that department heads are responsible for the actions of their subordinates no matter how you dice your interpretation of the sunshine ordnance i would strongly speak against this motion i think you need to do the exact opposite and find that mrb /* mr. ginsburg violated the ordinance. >> thank you. any other comment?
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i'm going to summarize what at staffs recommendations on this particular matter. >> certainly. >> at the lastly time this was horde there were two issues one to this consideration of whether the mr. gibner staff was properly noticed in terms of the flying sunshine matter and an issue to putting that aside whether they in fact violated the sunshine ordinance by redacting this information and at this point as the second question staff had pretty much the same position as they do now but battery commissioner renne disagreed with that assessment that went back to the task force
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and it was vague as to exactly you know what was expected we didn't get another hearing they wrapped up and wrote some finding from our prospective we think that by this time it is a long time and everybody is on notice and know what's going on we recommend a finding on the merits and i think staffs position has not changed that is their is it is in fairness to what people say it doesn't could kr0r7d with what the city attorney said there's a right to privacy it is triggered with the right to address information and that sort of thing a transitions a balancing test that is the key to determination is, you know, the individuals right to privacy and what the releases of the
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information on the funning of government we think that is placard the sfgovtv addressing the information we don't think that shows anything in terms of of the functioning governments and stronger standing that you know address the information didn't come into play when those are as i said and secondly, that our understanding is that essentially the gentleman is wanted the information so he could get the other people to sort of contact for lack of a better term to get that based on our ascertainment is consistent with the city attorney's office so that's why we recorded that. >> if i understood it with
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wasn't his complaint there was a waited for the slips and someone that was further counsel on the wait list got moved up and beyond why he needed anything about their contact information because somebody get moved up at the bottom and now at the top what more does he need i mean that's why it's - >> i think that is consistent with our position. >> yeah. >> any discussion yeah. >> just without recapping the whole thing we've had a pretty good discussion my thought at that time and still is someone apt boat slip from the city has it's a privilege they're seeking and they're in competition with
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other people that time boat slips if someone want to challenge whether or not it is appropriate for someone to jump offer others and get boat slip and find out something has been done improper they shouldn't have gotten that is like discovery in litigation even stronger the litigation since the person that didn't have any entitlement to it and the idea that the people who run the marina have this feeling they have to be protective of the rights of pifdz of people they give boat slips to i don't see that them as the guardian
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angels of the privacy rights someone wants to found out how much information in a boat slip and times to challenge is it they should have it raw i understand once again you get the slip that information becomes public your address and it is only the wait list when i don't understand if you have a water list it is chronological it is order who's at the tape and second and third and fourth and suddenly 6 comes up getting the slip i don't think you need you've got 6 names and addresses once they get the slip. >> i may not be remembering it correctly. >> i'm sorry. >> because i see and again my name is memory it is not - i esteemed to be remembering there
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was some information that appeared to be this is kind germane i could use it to see who my age chiej might be appropriate and all of a sudden the rec and park people sort of come in and is oh no, no wore to protect the privacy rights of those people and we don't want you to get this information and that struck he p me as appropriate maybe i'm over simplifying it maybe i am. >> mr. chair as i recall i remember a discussion that got for specific which was does the weigh lift constitute a contract for the folks on the wait list with the
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folks who have a contract with the marina and the name is public and needs to be shared and i'm not sure how what the determination was made internal but we had discussions in which case part of the discussion is - are we liable for giving away private information we really have in contact with those individuals i know there was a hint or at least the possibility of a suggestion this person is going to do something number 6 all of a sudden jumps to non-number one and you've got 4, 3, 2 , 1 and 2 that has no knowledge i suspect anyone that wants to ban together but the fact those folks i'm not sure held a relationship. >> i do your refresh my memory
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so that was that was a big part of it yeah. >> do i hear a motion. >> i move to accept the recommendation of staff. >> second. >> second. >> any public discussion. >> yeah. i know hearing none i'll >> i. >> opposed? . >> no. >> motion is kinder 4 to one. >> moving to number 7 discussion and possible action on executive director recruitment process i have reviewed the - well, let me first tell you as you'll
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recall following our main be that meeting we extended to june 5th formal additional proposals and we set a 1 o'clock deadline and as of without objection on june 5th no additional ones, however subsequent to that 1 o'clock deadline we did get a second proposal which had a essentially the same scope of work but had a proposal of $48,000 and in view of that i met with alliance and cattle after
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discussing with them that they should go ahead and ask the department of human services to do the necessary work to get a contract but in looking at the minutes i didn't see specification going back to june '57 the authorization for either myself or commissioner vice president andrews and myself as the committee to authorize entering into a contract with alliance so at this point, i'll propose that wee that authorization. >> so moved. >> so moved. >> second. >> any deduction any public comment decision? hearing none i'll call the
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question>> all in favor, say i. >> i. >> opposed? here we go no nazi hearing none it is carried unanimously and in the course of meeting with alliance i indicated that they did satisfaction that we had and the public seemed to have the scope and description of the executive director position and noted that under their proposal that was the first one they were going to do to draft a profile of the candidates position consideration by the commission or the committee of the commission and they've agreed to do that
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i provided orally provided to them suggestions as to who they contacted in the pub in advance of their draft and we have 1086 scheduled a meeting of the subcommittee for the ninth of july at annunciations room 4 for public school input on the draft profile i will be i've not talked to the alliance since my meeting with them i'll be talking with her either tomorrow or the next day and to see where she is on the drafting
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and hopefully, we will have a draft for commissioner vice president andrews and i to consider by the end of the week or at tuesday at the certainly the last it needs to go out for public comment if there is push back at that time we will reschedule the july 9th meeting but hopefully, we can go forward timetable we will have the interested public input occupy the 9th make whatever changes or corrections or changed or adding annexes to that profile and go out by the middle of july with a thirty day window for response time and that we will then schedule a
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subcommittee meeting to consider the applications that have been received if their voluminous it maybe we'll ask alliance to do some i couldn't have done it without you out but for example only 10 we'll not all of them being brought to us and it will be contemplated we we will then commissioner vice president andrews and i will select out of the number of commitments maybe two or three we consider the top and then bring them to the full commission to consider and to reach a decision as to the hire so that
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the records should be clear that the actual determination as to who is going to be hired will be the total commission but that we will cut back to the assistance of the alliance or depending on the number as our proposal. >> commissioner hur. >> that is perfectly responsibly i'll only add you shouldn't be limited to a specific number if you think there are only 2 of the candidates that merit the consideration if i think there are 4 it's fine i'll give you has much as you need to do it appropriately. >> as instructors responded if we have 5 that all look equally as good we would present them
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all to you but the likelihood hopefully one or two will stand out. >> any other comments. >> yeah. >> i wanted to say as a point of progress last thursday i had an opportunity to meet with almost everyone on the ethics staff there's an opportunity to hear their thoughts and we spent the better part of if 2 and a half hours dough getting insight full information i'll be pointing out that memo together to get that to commissioner renne to make sure those thoughts and insights are considered as we go to develop the job. >> professional and personal
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characteristics for inputs needs to be i daresay we might have some fun it is an enjoyable exam passionate staff thank them for their time. >> thank you. >> let's turn to item 8 discussion and possible action regarding complaints received or initiated by the notification considering improper use of campaign fund one and two failure to report lobbying contacts and is there any public comment on those items if not i'll call for a vote on whether or not we should hold to in
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closed session. >> moved and seconded>> all in favor, say i. >> i. >> hearing none we'll go into closed session and take a 10 minute break before we start
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