17063 item no. 10 sunshine ordinance task force ......department of human resources micki callahan...

File No. 17063 Item No. 10 -------

SUNSHINE ORDINANCE TASK FORCE AGENDA PACKET CONTENTS LIST

SOTF - Education, Outreach and Training Committee Date: June 20, 2017

~ Petition/Complaint ~ Memorandum - Deputy City Attorney D Complainant's Supporting Documents . B Respondent's Response D Correspondence D Order of Determination D Minutes D Committee Recommendation/Referral D Administrator's Report D No Attachments

OTHER

D D D D D D D D D

Page:_ Page:'-->9 Page:l_ Page: "'L{.I' Page:_ Page:_ ·Page:_ Page:_ Page:_

Completed by:_~V"--. Y-'-'o""""'u=n=-g _. _____ Date 06/16/17

*An asterisked item represents the cover sheetto a document that exceeds 25 pages. The complete document is in the file.

P255

Young, Victor

From: Sent: To: Subject:

Google Forms <[email protected]> Friday, June 02, 2017 10:45 PM SOTF, (BOS) New Response Complaint Form

Your form has a new entry.

Here are the results.

Complaint against which Department or Commission

Name of individual contacted at Department or Commission

Alleged Violation

Please describe alleged violation

Date

Name

Address

Department of Human Resources

Micki Callahan

Public Records

Failure to respond to request dated 5/17 /17, within 10 calendar days.

6/2/2017

Michael

8795 Mountain Blvd.

City Oakland

Zip 94605

Telephone 2094709147

Email [email protected]

Send personalized emails with Mail Merge for Gmail.

This email was sent via the Google Forms Add-on.

P2z57

. May 17, 2017

Custodian of Records

City and County of San Francisco


One South Van Ness Avenue

4th Floor

San Francisco, CA 94103

Re: Michael Gray (DSW# 155617}, 8795 Mountain Blvd., Oakland, CA 94605

Contact Info - Phone: (209) 470-9147; Email: [email protected]

Subject/Items Requested:

• Please provide any and all correspondence, notes, emails, or other documents related to my

application for job number PBT-8124-900181 (job title: 8124 Investigator, Office of Citizen

Complaints), submitted on May 22, 2014.

• Please provide any and all correspondence, notes, emails, or other documents related to the job

offer for job number PBT-8124-900181 (job title: 8124 Investigator, Office of Citizen

Complaints}, received on April 27, 2017.

• Please provide any and all correspondence, notes, emails, or other documents related to the

background investigation for job number PBT-8124-900181 (job title: 8124 Investigator, Office

of Citizen Complaints}, initiated on or about April 24, 2017.

• Please provide any and all correspondence, notes, emafls, or other documents related to the

failed background investigation for job number PBT-8124-900181 (job title: 8124 Investigator,

Office of Citizen Complaints), disclosed on May 12, 2017.

I want to see the records. Please call me at the above phone number when the records are ready for

viewing. Do not make copies on my behalf. I will review the documents first and then indicate those

documents I wish copied. If payment is required before releasing copies, please let me know.

Respectfully,

Michael Gray

P258

CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY

TO:

FROM:

DATE:

RE:

DENNIS J. HERRERA City Attorney

MEMORANDUM

Sunshine Ordinance Task Force

Nicholas Colla Deputy City Attorney

June 15, 2017

NICHOLAS COLLA

Deputy City Attorney

Direct Dial: (415) 554-3819 Email: nicholas.co\la @sfgov.org

Complaint No. 17063 - Gray v. San Francisco Department of Human Resources

COMPLAINT

Complainant Michael Gray ("Complainant").alleges that the San Francisco Department of Human Resources ("DHR") violated public records laws by failing to timely/adequately respond to his May 17, 2017 public records requests.

COMPLAINANT FILES COMPLAINT

On June 2, 2017, Complainant filed this complaint with the Task Force alleging that SFPD failed to timely respond to his request for public records.

JURISDICTION

DHR is a City department subject to the prqvisions of the Sunshine Ordinance governing public records. DHR does not contest jurisdiction to hear this complaint.

APPLICABLE STATUTORY SECTION(S)

Section 67 of the San Francisco Administrative Code:

• Section 67 .21 governs responses to a public records request.

APPLICABLE CASE LAW

• none

BACKGROUND

On May 17, 2017, Complainant hand delivered a records request to DHR in which he requested the following:

• Please provide any and all correspondence, notes, emails, or other documents related to my application for job number PBT-8124-900181 Gob title: 8124 Investigator, Office of Citizen Complaints), submitted on May 22, 2014.

• Please provide any and all correspondence, notes, emails, or other documents related to the job offer for job number PBT-8124-900181 Gob title: 8124 Investigator, Office of Citizen Complaints), received on April 27, 2017.

Fox PLAZA . 1390 MARKET STREET, 6TH FLOOR . SAN FRANCISCO, CALIFORNIA 94 l 02-5408 RECEPTION: (415) 554-3800 · FACSIMILE: (415) 437-4644

n:\codenf\as2014\9600241 \01199992.doc

P259

CITY AND COUNTY OF SAN FRANCISCO

MEMORANDUM

OFFICE OF THE CITY ATTORNEY

TO: DATE: PAGE: RE:

Sunshine Ordinance Task Force June 15, 2017 2 ComplaintNo. 17063 - Gray v. San Francisco Department of Human Resources

• Please provide any and all correspondence, notes, emails, or other documents related to the background investigation for job number PBT-8124-900181 (job title: 8124 Investigator, Office of Citizen Complaints), initiated on or about April 24, 2017.

• Please provide any and all correspondence, notes, emails, or other documents related to the failed background investigation for job number PBT-8124-900181 (job title: 8124 Investigator, Office of Citizen Complaints), disclosed on May 12, 2017.

On June 2, 2017, after having allegedly not received a response, Complainant filed this complaint with the Task Force.

On June 8, 2017, in response to the filing.of this complaint, DHR Senior Consultant Paul Greene ("Mr. Greene") emailed the Task Force in which he stated in part as follows:

This email is in response to complaint# 17063. Complainant Michael Gray has claimed that the Department of Human Resources (DHR) violated Section 67.21 of the Administrative Code by failing to respond to a request for public records in a timely manner. DHR denies this allegation in whole.

On May 17, 20017, Mr. Gray hand delivered a record request to the front desk at DHR. (see attachment "Gray, MichaelBackground Check"). After a thorough search ofDHR records, DHR responded to Mr. Gray on May 24, 2017 informing Mr. Gray the DHR had no responsive records, and he may wish to contact the Department of Police Accountability (see attachment "Response to Mic~ael Gray-5-24-2017").

On June 5, 2017, DHR received an email from the Sunshine Ordinance Task Force informing us that DHR has been named as a Respondent in a complaint filed by Mr. Gray. Mr. Gray claims DHR did not respond to a request submitted to DHR on May 17, 2017. The request cited by Mr. Gray is a different request to the one DHR responded to on May 24th (see attachment "SOTF Complaint 17063"). DHR has thoroughly searched our records and has found no evidence that Mr. Gray ever submitted the request cited in his complaint to DHR. DHR reviewed Human Resource Director Callahan's email folders as well as the email folders· of her Executive Assistant Jeanne Buick. Additionally, DHR searched the dedicated email address for public record requests as well my own· email folders. Finally, DHR searched the email folders and records of the front desk personnel who are responsible for handling hand-delivered documents. After conducting this thorough search, DHR was unable to locate the· request cited in Mr. Gray's complaint. The only record request DHR received was the request DHR responded to on May 24th.

n:\codenf\as2014 \9600241\01199992.doc

P260


MEMORANDUM


TO: Sunshine Ordinance Task Force June 15, 2017 DATE:

PAGE: 3 RE: Complaint No. 17063-Qray v. San Francisco Department of Human Resources

Now that the SOTF complaint has made DHR aware of Mr. Gray's second request and in effort to resolve this complaint, DHR will respond to his record request in this email. Attached.to this email are all records in DHR's possession that are responsive to this request (see attachment "Responsive Records-Gray, Michael Redacted). In order to protect Mr. Gray's right to privacy, DHR has redacted his personal information. Please note that every responsive record was either created by or sent to DHR after Mr. Gray supposedly submitted his second request on May 17th.

QUESTIONS THAT MIGHT ASSIST IN DETERMINING FACTS

• · Does Complainant refute SFPD's claim that it provided a response on May 24, 2017?

• Did Complainant eventually obtain any of the desired documents?

LEGAL ISSUES/LEGAL DETERMINATIONS

• Did SFPD violate Administrative Code Section 67 .21 (b) by failing to provide Complainant with records responsive to his request in a timely manner?

n:\codenf\as2014\9600241\01199992.doc

P261


MEMORANDUM

TO: DATE: PAGE:

Sunshine Ordinance Task Force June 15, 2017 4


RE: Complaint No; 17063 - Gray v. San Francisco Department of Human Resources

CONCLUSION

THE TASK FORCE FINDS THE FOLLOWING FACTS TO BE TRUE:

THE TASK FORCE FINDS THE ALLEGED VIOLATIONS TO BE TRUE OR NOT TRUE.

* * *

n:\codenf\as2014\960024 l \01199992.doc

P262


MEMORANDUM

TO: DATE: PAGE:

Sunshine Ordinance Task Force June 15,2017 5


RE: Complaint No. 17063 - Gray v. San Francisco Department of Human Resources

CHAPTER 67, SAN FRANCISCO ADMINISTRATIVE CODE (SUNSHINE ORDINANCE)

SEC. 67.21. PROCESS FOR GAINING ACCESS TO PUBLIC RECORDS; ADMINISTRATIVE APPEALS

(a) Every person hav.ing custody of any public record or public information, as defined herein, (hereinafter referred to as a custodian of a public record) shall, at normal times and during normal and reasonable hours of operation, without unreasonable delay, and without requiring an appointment, permit the public record, or any segregable portion of a record, to be inspected and examined by any person and shall furnish one copy thereof upon payment of a reasonable copying charge, not to exceed the lesser of the actual cost or ten cents per page.

(b) A custodian of a public record shall, as soon as possible and within ten days following receipt of a request for inspection or copy of a public record, comply with such request. Such request may be delivered to the office of the custodian by the requester orally or in writing by fax, postal delivery, or e-mail. If the custodian believes the record or information requested is not a public record or is exempt, the custodian shall justify withholding any record by demonstrating, in writing as soon as possible and within ten days following receipt of a

· request, that the record in question is exempt under express provisions of this ordinance.

( c) A custodian of a public record shall assist a requester in identifying the existence, form, and nature of any records or information maintained by, available to, or in the custody of the custodian, whether or not the contents of those records are exempt from disclosure and shall, when requested to do so, provide in writing within seven days following receipt of a request, a statement as to the existence, quantity, form and nature ofrecords relating to a particular subject or questions with enough specificity to enable a requester to identify records in order to make a request under (b ). A custodian of any public record, when not in possession of the record requested, shall assist a requester in directing a request to the proper office or staff person.

n:\codenf\as2014\9600241101199992.doc

P263

File No. 17063

Sunshine Ordinance Task Force Complaint Summary

Michael Gray V. Department of Human Resources

Date filed with SOTF: 6/5/17

Contacts information (Complainant information listed first): [email protected] (Petitioner/Complainant) [email protected], Micki Callahan, Department of Human Resources (Respondent)

File No. 17063: Complaint filed by Michael Gray against Micki Callahan and the Department of Human Resources for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, by failing to respond to a request for public records in a timely and/or complete manner.

Administrative Summary if applicable:

Complaint Attached.

P264

Young, Victor

From: Sent: To: Cc:

Subject: Attachments:

Greene, Paul (HRO) Thursday, June 08, 2017 9:26 AM SOTF, (BOS) PublicRecords, OHR (HRO); Callahan, Micki (HRO); Calvillo, Angela (BOS); Buick, Jeanne (HRO); Pigula, Lisa (HRO); Sherburne, Shawn; [email protected] RE: SOTF - ComplaintFiled with the Sunshine Ordinance Task Force - Complaint No. 17 Gray, Michael - Background Check.pdf; Response to Michael Gray-5-24-2107.pdf; SOTF Complaint 17063. pdf; Responsive Records-Gray, Michael_ Redacted. pdf

Dear Sunshine Ordinance Task Force,

This email is in response to complaint# 17063. Complainant Michael Gray has claimed that the Department of Human Resources {DHR) violated Section 67.L.1 of the Administrative Code by failing to respond to a request for public records in a timely manner. DHR denies this allegation in whole.

On May 17, 20017, Mr. Gray hand delivered a record request to the front desk at DHR. (see attachment "Gray, MichaelBackground Check"). After a thorough search of DHR records, DHR responded to Mr. Gray on May 24, 2017 informing Mr. Gray the DHR had no responsive records, and he may wish to contact the Department of Police Accountability (see attachment "Response to Michael Gray-5-24-2017").

On June 5, 2017, DHR received an email from the Sunshine Ordinance Task Force informing us that DHR has been named as a Respondent in a complaint filed by Mr. Gray. Mr. Gray claims DHR did not respond to a request submitted to DHR on May 17, 2017. The request cited by Mr. Gray is a different request to the one DHR responded to on May 24th (see attachment "SOTF Complaint 17063"). DHR has thoroughly searched our records and has found no evidence that Mr. Gray ever submitted the request cited in his complaint to DHR. DHR reviewed Human Resource Director Callahan's email folders as well as the email folders of her Executive Assistant Jeanne Buick. Additionally, DHR searched the dedicated email address for public record requests as well my own email folders. Finally, DHR searched the email folders and records Of the front desk personnel who are responsible for handling hand-delivered documents. After conducting this thorough search, DHR was unable to locate the request cited in Mr. Gray's complaint. The only record request DHR received was the request DHR responded to on May 24th. ·

Now that the SOTF complaint has made DHR aware of Mr. Gray's second request and in effort to resolve this complaint, DHR will respond to his record request in this email. Attached to.this email are all records in DHR's possession that are responsive to this request (see attachment "Responsive Records-Gray, Michael Redacted). In order to protect Mr. Gray's right to privacy, DHR has redacted his personal information. Please note that every responsive record was either created by or sent to DHR after Mr. Gray supposedly submitted his second request on May 17th.

Thank you

Connecting People with Purpose

From: SOTF, (BOS)

Paul Greene, Sr. HR Consultant

Department of Human Resources One South Van Ness Ave., 4th Floor San Francisco, CA 94103

Phone: (415} 551-8939

Website: www.sfdhr.org

Sent: Monday, June OS, 2017 10:52 AM To: PublicRecords, OHR (HRD); Callahan, Micki (HRD)

P1265

Cc: Michael Gray; Calvillo, Angela (BOS) Subject: SOTF - Complaint Filed with the Sunshine Ordinance Task Force - Complaint No. 17

Good Morning:

The Department of Human Resources has been named as a Respondent in the attached complaint filed with the Sunshine Ordinance Task Force. Please respond to the following complaint/request within five business days.

The Respondent is required to submit a written response to the allegations including any and all supporting documents, recordings, electronic media, etc., to the Task Force within five (5) business days of receipt of this notice. This is your opportunity to provide a full explanation to allow the Task Force to be fully informed in considering your response prior its meeting.

Please include the following information in your response if applicable:

1. List all relevant records with descriptions that have been provided pursuant to the Complainant request.

2. Date the relevant records were provided to the Complainant.

3. Description of the method used, along with any relevant search terms used, to search for the relevant records.

4. Statement/declaration that all relevant documents have been.provided, does not exist, or has been excluded.

5. Copy of the original request for records (if applicable).

Please refer to the File Number when submitting any new information and/or supporting documents pertaining to this complaint. ·

The Complainant alleges: File No. 17063: Complaint filed by Michael Gray against Micki Callahan and the Department of Human Resources for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, by failing to respond to a request for public records in a timely and/or complete manner. ·

Complaint Attached. .

Both parties (Complainant and Respondent) will be contacted once a hearing date is determined. Attached is the Sunshine Ordinance Task Force's complaint procedures. Thank you.

Victor Young Administrator Sunshine Ordinance Task Force 1 Dr. Carlton B. Goodlett Place, City Hall., Room 244 San Francisco CA 94102 phone 415-554-7724 I fax 415-554-5163 [email protected] I www.sfbos.org

• d:o Click here to complete a Board of Supervisors Customer Service Satisfaction form.

The Legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.

F>22 6 6

Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.

p'.Q 6 7

Michael Gray

8795 Mountain Blvd., Oakland, CA 94605

(209) 470-9147

May 15, 20.17

Micki Callahan

Human Resources Director

City and County of San Francisco

One South Van Ness Avenue, 4th Floor·


Dear Ms. Callahan:

I am currently employed by the City and County of San Francisco as a 1408 Principal Clerk with the .

Public Utilities Commission (PUC). On April 27, 2017, I received an offer for an 8124 Investigator

position with the Department of Police Accountability (DPA), contingent upon passing a background

check (offer attached). However, on May 121 2011,·1 received a call from Erick Baltazar, Acting

Director of DPA, stating that I had not passed the background check and therefore I could not work

for DPA. When 1 ·inquired about the cause for failing the. background check, he referred me back to

the San Francisco Police Department (SFPD), the agency conducting the background check. When I

reached out to Officer Hamdy Habib of the SFPD, he bluntly stated that he could not discuss the

findings of the background check.

Pursuant to Californ~a Civil Code §1786.53 and Government Code §6253, I am requesting the

findings of the background check for my 8124 Investigator application and the cause for the non

pass designation. I anticipate a response no later than May 261 2017.

Enclosure: DPA Offer

CC: Department of Police Accountability

Civil Service Commission

Police Commission

SEIU 1021

·Sincerely,

t[1{~

P268

DEPARTMENT OF POLICE ACCOUNTABILITY CITY AND COUN1Y OF SAN FRANCISCO

April 27, 2017

Michael Gray 8795 Mountain Blvd. Oakland, CA 94605

Via email- [email protected]

· Dear Mr. Gray:

EriGk Baltazar Acting Director

On behalf of the City and County of San Francisco and the Department of Police Accountability, I ain pleased to confirm my offer of employment and your acceptance of the 8124 Investigator position: The position is a pennanent civil service appointment and is "contingent" upon yom passing our background investigation process.

Your first day as a permanent 8124 Investigator will be Monday, May 15, 2017, at 8:00am. Please let the receptionist know you are to see Sara Maunder upon your ·arrival. Your salary will start at Step 1 which is $81,432 annually. Step adjustments are annual and max out at step 5. Please bring a voided check or your checking/savings account number for enrollment into the City's direct deposit program, a photo ID and social security card.

Prior to your start date, you may want to read the City's emp1oyee h~ndbocik at sfgov.org/dln· under the employee tab, choose employee handbook, for retirement information you may visit their site at sfers.org and for Health Services their site is myhss.org.

On behalf of the City & County of San Francisco, I thank you for your acceptance of the 8124 Investigator position. I am confident you will find your employment with the City & County of San Francisco Department of Police Accountability rewarding.

/pt

· Sincerely,

Erick Baltazar Acting Director

25 VAN NESS AVENUE, SUITE 700, SAN FRANCISCO, CA 94102 • TELEPHONE (415) 241·7711 • FAX (415) 241-7733 • 'fry (415) 241-7770 WEBSITE: http://www.~fgov.org/dpa

P269

I I

From: Sent: To: '[email protected]' Subject:

Mr. Gray,

DHR was not involved with your background check and therefore does not have any responsive documents to your request. You may wish to contact the Department of Police Accountability. Thank you


J>aul Greene, Sr. HR Consultant

Department of Human Resources One South Van Ness Ave., 41

h Floor San Francisco, CA 94103

Phone: (415) 551-8939


1

P270

Greene, Paul (HRD)

From: Sent: To: Cc: Subject: Attachments:

Hi Paul,

Ng, Richard (HRD) Tuesday, June 06, 2017 3:03 PM Greene, Paul (HRD) Buick, Jeanne (HRD); Pigula, Lisa (HRD); Monroe, Anne Marie (HRD) RE: SOTF - Complaint Filed with the Sunshine Ordinance Task Force - Complaint No. 17 DPA 8124 Jonathan Gray BG Rejection Notice_OS-24-17.pdf; Michael Rey Gray.pdf

As part of helping DPA with their appeal response responsibilities, we've compiled the rejection notice letter all the 8124 candidates were sent after they DPA was notified by POL that they wouldn't pass background. I have attached M.r. Gray's background rejection notice dated May 24. As we stated to him in his initial request for information, the criteria and factors pertaining to his rejection are held by SFPD.

Additionally, in my phone discussion with Jennifer Bushman at Civil Service Commission, they are in receipt of Mr. Gray's appeal to his background rejection (attached) and projected they will schedule the hearing within 60 days of his request filing dated 6/2/17. Any possible resolution and response will likely come from that process.

Connecting Peoplewith Purpose

Richard Ng, Senior HR Consultant



Phone: {415) 551-8948


From: Greene, Paul (HRD) Sent: Tuesday, June 06, 2017 1:54 PM To: Ng, Richard (HRD) Cc: Buick, Jeanne (HRD); Pigula, Lisa (HRD) Subject: FW: SOTF - Complaint Filed with the Sunshine Ordinance Task Force - Complaint No. 17

Richard,

Attached is the complaint we discussed. As I mentioned, it does not appear that DHR ever received his second request. Now that we have, we will need to respond to it. When the letter was written on May 17, DHR did not have any responsive documents. Can you please compile any records that you now have that may be responsive (such as emails with Ted or the departments) Thanks





Phone: (415) 551-8939

.Website: www.sfdhr.org

P271

From: Greene, Paul (HRD) Sent: Tuesday, June 06, 2017 7:54 AM To: Buick, Jeanne ([email protected]) Subject: FW: SOTF - Complaint Filed with the Sunshine Ordinance Task Force - Complaint No. 17

Jeanne,

The request copied in the complaint is different from the request that was forwarded to me. Do you know if DHR ever received a copy of that letter? Thanks


Department of Human Resources i One South Van Ness Ave., 4111 Floor


Phone: (415) 551-8939

Website: www.sfdhr.org Connecting People with Purpose

From: Callahan, Micki (HRD) Sent: Monday, June 05, 2017 11:46 AM · To: Greene, Paul (HRD) Cc: Gard, Susan (HRD); Yamasaki, Ted (HRD); Buick, Jeanne (HRD); Sherburne, Shawn Su~ject: FW: SOTF - Complaint Filed with the Sunshine Ordinance Task Force - Complaint No. 17

Paul, please follow up as necessary and let us know what support you will need. I thought the issue was he asked for items that we do not have, or are not public.

Micki Callahan


Departm~nt of Human Resources One South Van Ness Ave., 41~ Floor San Francisco, CA 94103

Phone: (415) 557-4845

Connecting People with Purpose Website: www.sfdhr.org

From: SOTF, (BOS) Sent: Monday, June 05, 2017 10:52 AM To: PublicRecords, DHR (HRD); Callahan, Micki (HRD) Cc:. Michael Gray; Calvillo, Angela (BOS) Subject: SOTF - Complaint Filed with the Sunshine Ordinance Task Force - Complaint No. 17

Good Morning:

The Department of Human Resources has been named as a Respondent in the attached complaint filed with the· Sunshine Ordinance Task Force. Please respond to the following complaint/request within five business days.

2

P272

The Respondent is required to submit a written response to the allegations including any and all supporting documents, recordings, electronic media, etc., to the Task Force within five (5) business days of receipt of this notice. This is your opportunity to provide a full explanation to allow the Task Force to be fully informed in considering your response prior its meeting.

Please include the following information in your response if applicable:

1. List all relevant records with descriptions that have been provided pursuant to the Complainant request.

2. Date the relevant records were provided to the Complainant.

3. Description of the method used, along with any relevant search terms used, to search for the relevant records.

4. Statement/declaration that all relevant documents have been provided, does not exist, or has been excluded.

5. Copy of the original request for records (if applicable).

Please refer to the File Number when submitting any 'new information and/or supporting documents pertaining to this complaint.

The Complainant alleges: File No. 17063: Complaint filed by Michael Gray against Micki Callahan and the Department of Human Resources for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, by failing to respond to a request for public records in a timely and/or complete manner.

Complaint Attached.

Both parties (Complainant and Respondent) will be contacted once a hearing date is determined. Attached is the Sunshine Ordinance Task Force's complaint procedures. Thank you.


• 4.0. Click here to complete a Board of Supervisors Customer Service Satisfaction form.


Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Pub/Jc Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written ar oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar.information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.

3

P273

GINA M. ROCCANOVA PRESIDENT

KATE FA VETTI VICE PRESIDENT

DOUGLAS S. CHAN COMMISSIONER

F. X. CROWLEY COMMISSIONER

SCOTT R. HELDFOND COMMISSIONER

MICHAEL L. BROWN E>..'"ECUfIVE OFFICER

CIVIL SERVICE COMMISSION

CITY AND COUNTY OF SAN FRANCISCO EDWINM.LEE MAYOR

NOTICE OF RECEIPT OF APPEAL

DATE:

REGISTER NO.:

APPELLANT:

Micki Callahan Human Resources Director Department of Human Resources 1 South Van Ness Avenue, 4thFloor San Francisco, CA 94103

Dear Ms. Callahan:

June 5, 2017

MICHAEL REY GRAY

The Civil Service Commission has received the attached letter from Mr. Michael Rey Gray, appealing his background rejection for the 8124 Investigator position with the Department of Police Accountability. Your review and action are required.

If this matter is not timely or appropriate, please submit CSC Form 13 "Action Request on Pending Appeal!Request,'' with supporting information and documentation to my attention at 25 Van Ness Avenue, Suite 720, San Francisco, CA 94102. CSC Form 13 is available on the Civil Service Commission's website at www.sfgov.org/CivilService under "Forms."

In the event that Mr. Gray' s appeal is timely and appropriate, the department is required to submit a staff report in response to the appeal within sixty (60) days so that the matter may be resolved in.a timely manner. Accordingly, the staff report is due no later than 11 a.m. on August 10, 2017 so that it may be heard by the Civil Service Commission at its meeting on August 21, 2017. If you will be unable to transmit the staff report by the August 1 Oth deadline, or if required departmental representatives will not be available to attend the August 21 st

meeting, please notify me by use of CSC Form 13 as soon as possible, with information regarding the reason for the postponement and a proposed alternate submission and/or hearing date.

You may contact me at [email protected] or ( 415) 252-~24 7 if you have any questions. For more information regarding staff report requirements, ·

25 VAN NESS A VENUE, SUITE 720 e SAN FRANCISCO, CA 94102-6~(4.15) 252-3247 e FAX (415) 252-3260 • www.sfgov.org/civilservice/

App11Uant:.Michael Rey Gray June,5, 2017 Page Z·of'.2

meeting procedures pr future meeting. dates, please visit the Commission's website at www.sfgov.org/CivilService. ·

Atlaybm;ent•


:M]:CHAEL L,. BROWN Executive Officer'

Cc:. Susan Gard, Department of Human Resources R. Manuel Fortes, Department of Police, Accountability

. P&mela Thompson, DepiUtfnent·ofPolfoeAccountability

P275

GINAM. ROCCANOVA PRESIDENT


CITY AND COUNTY·OF SAN FRANCISCO EDWJNM.LEE MAYOR

Sent -Viet US. Mail and Email

June 5., 2017

KATEFAVET.TI Subjeqt: VICE PRESIDENT

Registtlt No. 0167-17-4: Appealing his b~cll::ground rejedio1rfor the

J)OU9LAS S, {'.;H,AN COMM.iSS10NER

F, X. CROWL'.EY COMMISSIONER

SCOTT '.R. HELDFOND COMMISSIONER

M;i.CHAEL ;L. l3:ROWN EXECUrIYEOFFlCER

8124-lnvestigatpr Po~ition ·

Dei;tr Mr. Qfay:

This Js iti:resports-e to your, appeahubmitted to'the Civil Service Commission on June 2, 2017 appe1:J.lfugyo\i(' backgroun(l 1·ejection:ibtthe 8.124 Investigator position. Yow· appeal has · been forwarded to the Oepat:tment·ofHuman. Resources and the Departme:ilt of Police Accountability for inve~tig11,tioh a,nd respop:se to the Civil ;Setvice Commission.

If your appeal is timely and appropriate~ the departtnentwill submit its staff report on this. matter to the Civil Se1'vice Commission in the near t'lltui•e to req_µest that it be scheduled for hearing. The Civil Service Commission generally meets on the 1 st and 3rd Mondays of each month. You. will teteive notice of the tneetirtg and the department's staff report on your appeal two Fridays before the heai1n.g date via email, .as you have requested on your !J.ppel;l,l form. A .Q:ard copy of the repoit will also be available for your review at the Commissfon~ s offices located at 2~ Van Ness Avenue, Suite 720, San Francisco, CA 94102.

In. the meantime, you may wish to co:mpile any additiqnal information yol.l would like' to submitto.the Co.mmission in suppo1t.ofyotlrj:>Psition. The. deadliMfor receipt in the Commission office of any additional infottnation you may wish to submit is 5:00 p.m. on the Tuesday pt~cecUn~ the J;i.leetitig da'te (note that the Corrun:is~ioh requires an otiglnal and tine eopies of any supplementalh:ebuttal materials you wish to subtni~aU double-sided, holepui;lch~d, :P'apet"-(;lipped iJnd numbered). Please be sure to redactyour submisSion fo1- any confidential eh: senS°itive information{ e.g., home addtess~s, home. 01' Gell-µli:J,r phone IiUmbei'S, soCial security numbers, dates of birth, etc, ), as it win be considered a. public document

You may contactme by email [email protected] or by phone at ( 415) 252-324 7 if you have 'a'ily questions, You may also access the Civil Service Co.tntt1.ission' s meeting calend&r, and ilifortha.ti<m regarding sta:ffrepo1t.s and.meetingptocedures, on the Com.mfosion' ~ w~bsite atwww.sfgov.org/Civi!Service. ·

Sincerely,.

· CIVJL SERVICE COMMISSION

~~~ MICHAEL L. BROWN Executive Officer

25 VAN NESS A vENUE;SUITE 720 e SAN FRANCISCO, CA94102-611'~(§1.5) 25i-3247 9 FAX(415) 252-3260 e www.sf.go°i'.org/chilservice/

CSC Register No.

CIVIL SERVICE COMMISSION City and Coupfy of San F~ancisco

25VanNess Avenue, Suite ·720 sad F'rancisco; c~lifornia 94102-60:33

Executive Officer • (415) '252-3247 CC:

APPEALTQ THE· CIVIL SERVICE COM1YIISSION

INSTRUCTIONS: · Stib.1f!itlJ.n original·copy ofthisform tpJhe Executive Officer of th~ Cl~il Service Cbm111issio11'atthe address above within the de.signllted nuµib~:i· of days following the postmarked mailing date or etnai1 di;ite (whichever is applicable) of the Department

. ofH;uman Resources' or Municipal Transportation. Agerlcy's notificatiorrto 'the' appeliant. The appellant's/authorized represent!ltive 's original signature is required, (E-mail is not accepted:) It is recommended that you include all relevant lriformatfon l\lld documentation in support ofyout'a eat.

...

Ful1 Name of Authorized'Representative (if any)

·TYPE OF APPEAL: (Check One}· . . . ' Examination Matters (by i;lose· of biI!liness on 51

h working . ' . ' day) .~mployee Compensation Matters (by !!l1>se ofbusi:c\ess .on 7th working day) - .Limited application

· Pei·scinal Service Contracts (P(lsting Pericid) Other Matters (i.e., Humari Resou.roes Director/Executive OffkerAction) (30 Calendar days) Future Employability Recommendations {See Notice ti> E;nip!Qyee)

·Telephone Number of Representative (including Area.Code)

NOTE: Ifth:is is d~emed to be a tim~itand aPJi~alahk matter, the departtrtent will suhmita staffreporttothe Civil Service Commission to reguestthat-itbe scheduled for liea:clng. You Will be notified approximately pne week in advam;e ofthe hearing date, a~ which time sou w111 b'C able to pickup a copy of.the department;s.staffreportatthe Comtriiasi,on~s offices. If you w0uld. inst!'lad prefer Co,nµni§s'ioti staff to. . ma':tl. yo1:1 a cqpy of the :m~eting.·notice: and staff-report~ please provide your email address below.

w;, •...

COMPLETE THE BASIS OF THIS ·APPEAL ON THE REVERSE SIDE. (Use additional page(s) if necessary)

Do~s the basis of this appeal include. new :information not Check One: previo'usly presented. in the appeal to the Human Resources Yes Director? If so, please specify.

CSC-12 (10/14} Date Received bk;p~J#:~C.~Yf~~S~"t~~~sion: l _:-; . ,' ! -: ' .i - ' : ' ' ! .. ! t • ~~ ~ ~ J

"';It

P27T

State the basis of this appeal in detail. For more information about appeal rights and deadlines, please review the Civil Service Rules located ori:the Civil Service Commission's website at www:sfgov.org/Civi!Sefvice.

CSC-12 (10/14) (Use additional sheets if n~eded)

P278

Bushma11, Jennifer (CSC)

From: Sent: To: Cc; Subject: Attachme~ts:.

Jennifer,

Michael·GraY.••••••••I Friday, May i2, 2011 3:59 PM Bushman, Jennifer (CSC) SFPD, Commission {F'OL) Possible Appeal/Investigation on 8124 Rejedion DPA Offer ~·Gray.POF

High

\ r·,.' ! ;_ '.i ·I \'t>'!; ,. , ; .. 11·,'d ·; ,:~ . ,-!

1)11:',:::iio144. n-+,

Th<;ink you for speaking V\/ith me today. On April, 27; 2017 I receive('! the attac;hed'.offidal offer letter from the Department of Police Accountablllty, signed by Erick Baltazar. Thls afternoon1 May 121 2017, when I spoke with Mr. Baltazar he rescinded the offer stating that I had not passed the SFPD background investigation and instructed me to· contact SFPD fr.it additional. informatii:m. As·I have.been an employee of the Clfy. and County of San Francisco for almost five years, and I have enjoyed f!mployrnent c;is a federal.contractor prior {p:asslng federalbl;lckground checks in the process), I cmntactei;l SFPD to see if there was an error or-discrepancy tnatcould be resolved. However, when I contacted officerHamdy Habib, #Z3Z9, he stated that he. could riot d.lscuss the ftrn;lings of the ba.ckgroiind investigation.

I am writing you to explore the possibility of.appealing/investigating this decision as there appearsto be.a conflict of inten~st with the SFPD be!hg t1ble t:o disqua,'lify a. ca.hd1date taskedNilith investigating cortrpl<iints against them, without providi~g aliyjustificatlon. ! have a long history of b~ing an L!psta:nding citizen·and cannot fathom why I would not have passed the background iiwestigatioffprocess. Fee! free to eontact me -should yo.u requir:e any additional information.

Thank you,

''")

1

P279

Bushman, Jennifer (CSC)

From: Michael Gray Sent: To:

Thursday, June 01, 2017 3:29 PM Bushman, Jennifer (CSQ

Subject: RE: Possible Appeal/Investigation on 8124 Rejection

Jennifer,

That I have not received. Only the verbal notification of May 12th.

M. Gray

----Bushman, Jennifer (CSC) wrote----

Hi Michael,

The letter you attached is a response letter from DPA confirming that they have received your public records request for documents relating to the 8124 Investigator, Office of Citizen Complaints (PBT-8124-900181).

Have you received a disqualification or rejection letter? If so I will need a copy of that. correspondence to proceed with your appeal.

Sincerely, Jennifer

From: Michael Gray Sent: Thursday, June 01, 2017 3:15 PM To: Bushman, Jennifer (CSC) Subject: RE: Possible Appeal/Investigation on 8124 Rejection

Yes. Please see attached.

M~ Gray

----Bushman, Je1U1ifer (CSC) wrote----

Hi Michael,

Have you received any response from DPA?

Sincerely1

Jennifer

From: Michael Gray Sent: Friday, May 26, io17 9:28 AM

1

P280

To: Bushman, Jennifer (CSC) Subject: .RE: Possible Appeal/Investigation on 8124 Rejection

Jennifer,

The answer is no. In fact, I haven't even received a written conformation of my failed background check. As such, I' am under the assumption that the offer of employment is still valid as I have no written proof to the contrary.

M.Gray

---- Busbman,.Jennifer (CSC) wrote----

Good Morning Michael,

Have you receiv~d any written correspondence from DPA? If yes, will you please forward me a copy?

Sincerely,

]~13~ Human Resources Analyst . Civil Service Commission 25 Van Ness Avenue, Suite 720 San Francisco, .CA 94102 Direct (415) 252~3252 Main (415) 252-3247

From: Michael Gray Sent: Thursday, May 25, 2017 5:15 PM To: Bushman, Jennifer (CSC) Subject: RE: Possible Appeal/Investigation on 8124 Rejection

Jennifer,

I wanted to follow up to see if there was any additional information you needed from me or if there are any next steps I should be taking. I've put in inquiries to all involved parties, but have yet to hear back from any.

Thank you,

Michael Gray

From: Michael Gray _ Sent: Friday, May 12, 2017 3;59 PM To: [email protected] <[email protected]> Cc: '[email protected]' <[email protected]> Subject: Possible Appeal/Investigation on 8124 Rejection Importance: High

Jennifer,

2

P281

Thank you for speaking with me today. On April, 27, 2017 l received the attached official offer letter from the Department of Police Accountability, signed by Erick Baltazar. This afternoon, May 12, 2017, when I spoke with Mr. Baltazar he rescinded the offer stating that I had hOt passed the SFPD background investigation and instructed me to contact SFPD for additional information. As I have been an employee of the City and County of San Francisco for almost five years, and I have enjoyed employment as a federal contractor prior (passing federal ba.ckground checks in the process), I contacted SFPD to see if there was an error or discrepancy that could be resolved. However, when I contacted officer Hamdy Habib, #2329, he stated that he could not discuss the findings of the background investigation.

I am writing you to explore the possibility of .appealing/investigating this decision as there appears to be a conflict of interest with the SFPD being able to disqualify a candidate tasked with investigating complaints against them, without . .

providin~ any justification. I have a long history of being an upstanding citizen and cannot fathom why 1 would not have passed the background investigation process. Feel free to contact me should you require any additional information.

Thank you,

3

P282

- ._, ,----- -"--·--· • ---- - ·-!

1 •. ~-!~.;\1~ ·.·11_ l\Vl!-·t: \'(;:'.1l;;1t1~·);-;JiUM . \

;11 :o,\I c.\~:01~~- t1: - ~~J

May 1!?, 2017

Micki Callahan

MiChael ~r~y

COPY

r-.i c:::.:i

Hi.lrria,n Resources Director ,•-.:_'

City and County of San Francisco -~1

One South Van Ness Avenae, 4th Floor San F.ranciSco, CA 94103

·' ··1

-0 l,.1•.J

"' ~·-? .-1 ···-·

-- llll r I

Dear Ms~ Gallahan:

I am currently employed by the City and County of San Francisco as a 1408' P'rindpal Clerk with the Public Utilities·comn'frsslon {PUC). On April 27, 2017, I received an offer fonin 8124 lhvestigator P,osition with the De'partmel'it of Police Acc·ountability. (DPA),. contingent i.lpon passing a backgr~und check (offer attached). However, on May 12, 2017, I received a call from Erick Baltazar, A'cting DJreqtor ofDPA, •Stating that 1.haq not pa,ssed the background check.and therefo're I could not work for DPA. When I iflquired aboutthe cause for failing.the background check, he referred me back to the Sa11 Francisco Police Departme,nt (SFPD), the agenc:y conducting t.he background check.· When I

reache.d out to Officer HariidV Hab.ib of the SFPD, he bluntly state·d that he could not discuss the findings of the.background check.

Pursuant to California C!vil Code §1786.53 and Government Code §6253, I am requesting the findings of the background check for my 8124 Investigator appJication and the cause for the nonpass deslgn<1tion. i anticlp<,1te a response no li!ter than May 26~ 2017.

Ei:iclo.sure: DPA Of.for

cc: Department of PollGe Accountability . Civll Service Commission Polk~ Co'himission SEl.U 1021

P283

DEPARTMENT OF POLICE ACCOUNTABILITY CITY AND COUNlY OF SAN FRANCISCO

Erick Raltozar · Acting Director

April 27, 2017

Michael Gray

Via email-

Dear Mr. Gray:

On behalf of the City and County of San Francisco and the Department of Police Accountability, I am · pleased to confirm my offer of employment and your acceptance of the 8124 Investigator position. The position is· a permanent civil service appointment and is "contingent" upon yam passing our background investigation process.

Your first day as a permanent 8124 Investigator will be Monday, May 15, 2017, at 8:00am. Please let the receptionist know you are to see Sara Maunder upon your ·arrival. Your. salary will start at Step 1 which is $81,432 annually. Step adjustments are annual and max out at step 5. Please bring a voided check or your· checking/savings account number for enrollment into the City's direct deposit program, a photo ID and social security card.

Prior to your start date, you may want to read the City's ·employee handbook at sfgov.org/dhr under the employee tab, choose employee handbook; for retirement information you may visit their site at sfers.org and for Health Services their site is myhss.org.

On behalf of the City & County of San Francisco, I thank you for your acceptance of the· 8124 Investigator position. I am confident you will find your employment with the City & County of San Francisco Department of Police Accountability rewarding. ·

/pt

· Sincerely,


25 VAN NESS AVENUE, SUITE 700, SAN FRANCISCO, CA 94102 • TELEPHONE {415) 241-7711 • FAX (415) 241-7733 • Trv (415) 241-7770 WEBSITE: http://www.sfgov.org/dpa

P284

DEPARTMENT OF POLICE ACCOUNTABILITY CITY AND COUNTY OF SAN FRANCISCO

Michael Gray

RE: 8124 Investigator Position

Dear Mr. Gray:

May 24, 2017

VIA CERTIFIED MAIL

You have been disqualified based on the findings of the background investigation portion.

R. Manuel Fortes Acting Director

The decision may be reviewed only if you file a written appeal of the disqualification. The appeal must be filed with the Executive Officer, Civil Service Commission, 25 Van Ness Avenue, Suite 720, San Francisco, CA 94102 by close of business on the fifth (51h) working day (excluding Saturdays, Sundays and Holidays) following the postmarked mailing date of this notification to you. The decision of the Civil Service Commission will be final.

I C!m unable to disclose the reasons for your disqualification.

/pt

Sincerely,

//I~ R. Manuel Fortes Acting Director

25VANNESSAVENUE,SUITE700,SANFRANCISCO,CA 94102 • TELEPHONE(415)241-7711 • FAX(415)241-7733 • TIY(415)241-7770

WEBSITE: http://~~·af~v.org/dpa

Ng, Richard (HRD)

From: Sent: To: Cc:

Subject:

Hi Ted,

Ng, Richard (HRD) Thursday, May 18, 2017 11:04 AM Yamasaki, Ted (HRD) Buick, Jeanne (HRD); Fu, Stephen (HRD); Greene, Paul (HRD); Sherburne, Shawn; Monroe, Anne Marie (HRD); Callahan, Micki (HRD) RE: Letter from Michael Gray re: backround check

I updated Paul earlier today, but I discovered this possible issue on Tuesday in my discussion with DPA HR. I reached out immediately to CAT on DPA's behalf in case this became a bigger issue. Katie and Lisa asked if I could procure all DPA correspondences with this candidate (and others who were appointed and also failed background) so they can fully understand the situation. I have reached out to DPA for this information and will provide to them and for our meeting. In regards to the rejection notices, as of Tuesday, DPA was reaching out to Police Background Unit for their rejection notice to serve as a template for the yet to be sent documented rejections w/ appeal information.

Sandra from CSC also reached out to me for additional information yesterday. As she's out of the office today, I'll share any of our discoveries with her following our meeting.

-·

• Connecting People with Purpose

Richard Ng, Senior HR Consultant



Phone: {415) 551-8948


From: Greene, Paul (HRD) Sent: Thursday, May 18, 2017 9:22 AM To: Yamasaki, Ted (HRD); Callahan, Micki (HRD); Ng, Richard (HRD) Cc: Buick, Jeanne (HRD); Fu, Stephen (HRD) Subject: RE: Letter from Michael Gray re: backround check

Ted,

Richard asked for copies of the rejection notices so we can see what exactly was relayed to the candidates. I do not believe he has received them yet.

Thanks

• Paul Greene, Sr. HR Consultant



Phone: (415) 551-8939


1

P286

Connecting People with Putpose I

---~----------------------

From: Yamasaki, Ted (HRD) Sent: Wednesday, May 17, 2017 12:27 PM To: Callahan, Micki (HRD); Greene, Paul (HRD); Ng, Richard (HRD) Cc: Buick, Jeanne (HRD); Fu, Stephen (HRD) Subject: Re: Letter from Michael Gray re: backround check

Richard/Paul

Unfortunately, the department may have informed a candidate that they "failed" the background. In keeping

with our protocols, the department MAY have triggered an appealable item before the Commission. Can one

of you reach out to the department to confirm what they did to communicate with the candidate? Based on

the letter to Micki, we may have to consider this an appeal of a background rejection.

I will ask Stephen to schedule some time for us to discus tomorrow or Friday.

thanks

TY

From: Callahan, Micki (HRD} Sent: Wednesday, May 17, 2017 12:01 PM To: Greene, Paul (HRD} Cc: Yamasaki, Ted (HRD}; Buick, Jeanne (HRD} Subject: FW: Letter from Michael Gray re: backround check

Paul,

As you know, we do not have background check information at DHR, so I think this is a simple referral to DPA or SFPD (which is unlikely to produce it, regardless). Copying Ted as this is another HR issue at DPA.

Micki Callahan



Con11ecti11g P~o11Ie with Purpose One South Van Ness Ave., 4111 Floor


Phone: (415) 557-4845

2

P287

I Website: www.sfdhr.org

From: Buick, Jeanne (HRD) Sent: Wednesday, May 17, 2017 11:54 AM To: Callahan, Micki (HRD) Subject: Letter from Michael Gray re: backround check

Please see attached.

Jeanne Buick

Executive Assistant to the Director


Connecting People with Pm·pose One South Van Ness Ave., 4th Floor


Phone: (415) 557-4815


3

P288

San Francisco -Department of Human Resources

www.sfdhr.org

Department of

Human

Resources One

South Van Ness

4

P289

Avenue, 4th

Floor San

Francisco, CA

94103 (415) 557-

4800. Our office is open Monday

- Friday: 8:00 am

to 5:00 pm

DEPARTMENT OF POLICE ACCOUNTABILITY CITY AND COUNTY OF SAN FRANCISCO

April 27, 2017

Michael Gray

Via email-

Dear Mr. Gray:


On behalf Of the City and County of San Francisco and the Department of Police Accountability, I am pleased to confirm my offer of employment and your acceptance of the 8124 Investigator position. The position is a pem1anent. civil service appointment and is "contingent" upon your passing our background investigation process.

Your first day as a permanent 8124 Investigator will be Monday, May 15, 2017, at 8:00am. Please let the receptionist know you are to see Sara Maunder upon your arrival. Your salary will start at Step 1 which is $81,432 annually. Step adjustments are annual and max out at step 5. Please.bring a voided check or your checking/savings account number for enrollment into the City's direct deposit program, a photo ID and social security card.

Prior to your start date, you may want to read the City's employee handbook at sfgov.org/dhr under the employee tab, choose employee handbook, for retirement information you may visit their site at sfers.org and for Health Services their site is myhss.org.

On behalf of the City & County of San Francisco, I thank you for your acceptance of the 8124 Investigator position. I am confident you will find your employment with the City & County of San Francisco Department of Police Accountability rewarding.

/pt

Sincerely,


25 VAN NESS AVENUE, SUITE 700, SAN FRANCISCO, CA 94102 • TELEPHONE (415) 241-7711 • FAX (415) 241-7733 • lTY (415) 241-7770 · WEBSITE: http://www.sfgov.org/dpa

P290

Young, Victor

From: Sent: To:

Cc:

SOTF, (BOS) Friday, June 09, 201711:14 AM 'Bob Planthold'; '[email protected]'; Pelham, Leeann (ETH); Blome, Jessica (ETH); 'Ray'; Calvillo, Angela (BOS); 'Jason Grant Garza'; Sarieh, Nancy (MYR); Acosta, Linda (DPH); Garcia, Barbara (DPH); Chawla, Colleen (DPH); Katzenberger, Philip (DPH); Price, Basil (DPH); 'Michael Gray'; Waaland, Kathryn (POL); Walton, Briseida (POL); Callahan, Micki (HRD); PublicRecords, DHR (HRD); Greene, Paul (HRD) Ng, Wilson (BOS); Calvillo, Angela (BOS)

Subject: SOTF - Notice of Hearing - Education, Outreach and Training Committee: June 20, 2017, 3:30 p.m.

Good Morning:

Notice is hereby given that the Education, Outreach and Training Committee of the Sunshine Ordinance Task Force shall hold hearings on complaints listed below to: 1) determine if the Task Force has jurisdiction; 2) review the merits of the complaints; and/or 3) issue a report and/or recommendation to the Task Force.

Date: June 20, 2017

Location: City Hall, Room 408

Time: 3:30p.m.

·Complainants: Your attendance is required for this meeting/hearing.

Respondents/Departments: Pursuant to Section 67.21 (e) of the Ordinance, the custodian of records or a representative of your department, who can speak to the matter, is required at the meeting/hearing.

Complaints/Hearings:

File No. 17006: Hearing - Development of support and training for policy and advisory bodies regarding procedures for posting agendas and minutes and the disconnect between the clerks who generate agenda and the webmasters who post the agendas.·

File No. 17044: Complaint filed by Laura Clark against the Ethics Commission for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.7(d), by acting or conduction discussions on an item not appearing on the posted agenda (Ethics Commission April 24, 2017, meeting).

File No. 17048: Complaint filed by Ray Hartz against Angela Calvillo, Clerk of the Board of Supervisors, for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.16, by failing to place a written summary of the public comment, if no more than 150 words, in the minutes (March 14, 2017 and March 21, 2017).

File No. 17049: Complaint filed by Jason Grant Garza against Director Barbara Garcia, Philip

Katzenberger and Basic Price, Department of Public Health, for allegedly violating Administrative Code (Sunshine Ordinance), Sections 67.25 and 67.34, by failing to respond to an Immediate Pisclosure Request in a timely and/or complete manner.

p1291

File No. 17060: Complaint filed by Michael Gray against the Police Department for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, by failing to respond to a request for public records in a timely and/or complete manner.

File No. 17063: Complaint filed by Michael Gray against Micki Callahan and the Department of Human Resources for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, by failing to respond to a request for public records in a timely and/or complete manner.

Documentation (evidence supporting/disputing complaint)

For a additonal document to be considered, it must be received at least five (5) working days before the hearing. For inclusion into the agenda packet, supplemental/supporting documents must be received by 5:00 pm, June 13, 2017.


• . «.'tJ Click here to complete a Board of Supervisors Customer Service Satisfaction form.


Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Boord of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.

PQ92