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City attorney responds on sunshine task force attacks


B3 note: Here are responses from City Attorney Dennis Herrera to Impertinent Questions from B3 on why the city attorney helped facilitate the supervisorial attack on the sunshine ordinance and task force (See previous B3 sunshine blogs).

Regarding recommended SOTF candidates

Section 67.30 (a) of the San Francisco Sunshine Ordinance provides that the Sunshine Ordinance Task Force's eleven voting members be "appointed by the Board of Supervisors."  That same section designates that a total of four members be appointed by the Board from names submitted for consideration by: the local chapter of the Society of Professional Journalists; the League of Women Voters; and New California Media.  I'm informed that when the Board's Rules Committee conducted its hearing and interviewed SOTF applicants, only one person was recommended for each seat by these entities.  The Rules Committee then continued action on those seats until the entities submitted additional names.  Legally, there is nothing problematic about such a continuance.

Regarding designated seats

Section 67.30 (a) includes specific designations for each of the seats on the SOTF.  It additionally provides that one of those seats be a person with a disability, although it does not prescribe which of the 11 seats be designated to a person with a disability.  I'll be honest here: I'm not aware of whether Mr. Todd has a disability or not.  But given that the Board still has to fill four remaining vacant SOTF seats, it will comply with the Sunshine Ordinance so long as one of the SOTF seats is timely filled by "a member of the public who is physically handicapped and who has demonstrated interest in citizen access and participation in local government." Read more »