New rays of sunshine?
Task force considering makeover for S.F.'s landmark open-government law

THE SUNSHINE ORDINANCE Task Force is considering broad changes to the 10-year-old Sunshine Ordinance that would establish a new standard for open government and a stronger watchdog agency to ensure public access to city meetings and records.

If the changes are approved, the task force will be renamed the Open Government Commission and will have authority to truly enforce open-government protection for the first time.

The following is a summary of suggested amendments to the Sunshine Ordinance.

1. Name change The name of the Sunshine Ordinance would be changed to the Open Government Ordinance, and the Sunshine Ordinance Task Force would be called the Open Government Commission.

2. Power to subpoena and compulsory attendance The Open Government Commission would be empowered to subpoena witnesses and evidence.

3. Penalties for violations If the Open Government Commission finds a violation of the ordinance, it could require the offending party to report the violation at its next public meeting. Then, if the agency continued violating the ordinance, it could be fined up to $1,500.

4. Expand public comment People would be allowed to submit public comment before and up to 10 days after a meeting. Anything turned in before a meeting must be brought up and discussed at that meeting.

5. Greater access to documents Meeting agendas and other materials related to a policy discussion would have to be available at a designated office before a given hearing and for anybody attending that hearing. In the past these documents only had to be "available to the public."

6. Fees for tapes City agencies would have to make audio- and videotapes of their meetings available upon request for a set fee. Audiotapes would cost $1, and videotapes would cost $10.

7. New requirement for the Board of Supervisors Supervisors would be required to keep a daily calendar of all meetings and events they attend, as the mayor, the city attorney, and department heads already have to do.

8. Passive meeting conduct Advisory bodies would have to give the same advance notice of passive meetings – those involving less than a quorum, during which no votes may be taken – as they do for all other city meetings. In addition, official city task forces, committees, and subcommittees would have to record minutes for each of their meetings, as boards and commissions currently do.

9. Conduct of person requesting documents Custodians of records would be directed to document and report any abusive behavior by a member of the public. Their supervisors would then handle public records request from that individual.

Other suggested amendments include authorizing the Open Government Commission to hire special counsel in cases in which it has determined a city action to be unlawful, and bringing some city contractors and grantees doing health and safety work for the city under the jurisdiction of the Open Government Ordinance. (Matthew Hirsch and Heather Smith)

The Sunshine Ordinance Task Force meets Wed/10, 6 p.m., City Hall, Room 406, 1 Carlton B. Goodlett Place, S.F.; March 23, 4 p.m., City Hall, Room 408, to discuss these changes. Public comment is invited. If approved Mar. 23, the suggested amendments will either be submitted to the Board of Supervisors for ratification or placed on the ballot as a public initiative.