With them. Thoughts . I agree. I mean, i suppose we could say Ethics Commission regulations for complaints made under the sunshine ordinance, but i think violations is fine too. Either way. I think its fine. Any other thoughts . Does the City Attorney have any view on that . John givener deputy City Attorney. Your current titles are fine from a legal perspective, the proposed title is fine from the legal perspective. The one thing i would say that you shouldnt amend any portion of the sunshine enforcement by enforcement regulations tonight because that is not on your agenda. Mr. St. Croix, can you respond to dr. Kurs question about 6a . Dr. Kerr is absolutely correct the bar is now one commissioner member can calendar a complaint. Im not sure why this copy went out, but its typographical or an old copy, but its one that has already been voted on and in effect. Thank you. Any other discussion from the commissioners on this agenda item . Is there a motion to approve the changes to the re
Here. Commissioner hayon . Here. Commissioner hur . Here . Commissioner liu . Here. All members being present, first item on the agenda is Public Comment on matters appearing or not appearing on matters of the Ethics Commission. Good afternoon, commissioners and of course, stop the corporate rate of the Public Library and dont accept money from the friends of the library. You may remember that rights were violated on june 4th, 2009. You made a finding that she was guilty of official misconduct and made a reference to the mayor that the mayor should consider terminating her appointment on july 12th, 2011. You followed up with a direct request to the mayor, that he respond to you in some with some sort of explanation on september 24th, 2012. I followed that up with an immediate disclosure request to the mayor on december 3rd, requesting any documents reflecting any internal consideration or any possible any documents indicating a response to your followup letter. What i received was an e
Has in reviewing these referals from the Sunshine Ordinance Task force to refer that to another adjudicatory body completely. It is one thing to have a staff person to review in place of Ethics Commission staff and you know, conform the analysis, based on proceedings before the task force. I think that it is another to send the ultimate decision to another body. It is actually being transcribed. On the screen. Miss herrick, thank you for your time and i have a couple of questions about your response. Does that mean. Are you aware of whether the san jose Ethics Commission has ever handled either on an advisorry basis or otherwise complaint referal from the different jurisdictional agencies . I have staffed the san jose Election Commission from 2008 and we have not ever accepted any such referals. Has the Elections Commission made any referals themselves for matters to be handled by a agency outside of san jose . The Election Commission procedures and i think that our ethics ordinance do
Determinations. Know your rights under the sunshine ordinance is printed on every agenda of every commission and board in this city and every meeting. And yet when people who actually do know their rights under the sunshine ordinance and come before the bodies and simply ask to have their Constitutional Rights respected, for heavens sake, they get met with open hostility. I went to a meeting, a Public Meeting earlier this month. And every time i got up to speak one of the commissioners simply crossed his arms across his chest and rolled his chair away from the deis and back into the corner. And when i get done speaking he came back to the table. And you say well, yeah, mr. Hart, you deserve that. No member of the public deserves that. Because what it is is sending a clear message to members of the public, were going to say the words we want you to be here and we want you to participate, but we dont mean it. Earlier this evening the Arts Commission had a meeting where they tried to blam
Decision to hear and take possible action on the complaints. Mr. Chat field who is not here, wrote mr. Shaw in may, the Ethics Commission regularly handles referals from the task force, however it will not ajudd kate these matters, in both complaints. He repeated that in his confidential memo to mr. Shen and to mark kets of the District Attorney office. Because the allegation involves johnson and croy executive director of the commission, the agency cannot handle the matter. Period. The commission is engaged in the discussion with the various outside agency and so forth and so on. That was in august of last year. I did a record search of your files. I just came back from sitting in the commissions office. There is absolutely records of any kind relating to discussions with any other agencies. The references to the San Jose City Attorneys Office are dated 9 months after that. But i think what is really important is that there is a, i think, a reference in an email that it was mr. St cra