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sunshine ordinance definition

Each special meeting shall be held at the regular meeting place of the policy body except that the policy body may designate an alternate meeting place provided that such alternate location is specified in the notice of the special meeting; further provided that the notice of the special meeting shall be given at least 15 days prior to said special meeting being held at an alternate location. (b)   Each board and commission enumerated in the Charter shall audio record each regular and special meeting. Neither this section nor the California Public Records Act (Government Code sections 6250 et seq.) (4)   “Passive meeting body” shall not include a committee that consists solely of employees of the City and County of San Francisco created by the initiative of a member of a policy body, the Mayor, or a department head; (5)   Notwithstanding the provisions of paragraph (4) above, “Passive meeting body” shall include a committee that consists solely of employees of the City and County of San Francisco when such committee is reviewing, developing, modifying, or creating City policies or procedures relating to the public health, safety, or welfare or relating to services for the homeless; (2)   Any other board or commission enumerated in the Charter; (3)   Any board, commission, committee, or other body created by ordinance or resolution of the Board of Supervisors; (4)   Any advisory board, commission, committee or body, created by the initiative of a policy body; (5)   Any standing committee of a policy body irrespective of its composition. (3)   With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9, either: The space under “Existing litigation” shall be used to specifically identify a case under discussion pursuant to subdivision (a) of Government Code Section 54956.9, including the case name, court, and case number, unless the identification would jeopardize the City’s ability to effectuate service of process upon one or more unserved parties, in which instance the space in the next succeeding line shall be checked, or unless the identification would jeopardize the City’s ability to conclude existing settlement negotiations to its advantage, in which instance the space in the next succeeding line shall be checked. Laws that require meetings of legislative bodies or regulatory agencies to be open to the public and thus allow “the sunshine to come in.” These laws were passed at the state and federal level after Watergate, in order to prevent similar abuses of power. The change of meeting site shall be announced, by the most rapid means of communication available at the time, in a notice to the local media who have requested written notice of special meetings pursuant to Government Code Section 54956. All members must have experience and/or demonstrated interest in the issues of citizen access and participation in local government. The task force shall propose to the Board of Supervisors amendments to this chapter. (d)   Each board and commission enumerated in the charter shall include on the agenda for each regular and special meeting the following statement: “In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. 265-93, App. 67.27. 8/18/93; amended by Ord. These laws also ensure that government meetings need to be held at … power or ability to act or to influence people, events, decisions, etc. Definition of sunshine law in the Definitions.net dictionary. 67.5. 'Allurement' [Section 2(a)] means any gift, gratification, easy money or material benefit either in cash or kind, employment, free … San Francisco, CA 94102 J. Records made available to the governing board relating to such matters shall be likewise available to the public, at a cost not to exceed the actual cost up to 10 cents per page, or at a higher actual cost as demonstrated in writing to such governing board. 8/18/93; amended by Ord. Every member of a policy body retains the full constitutional rights of a citizen to comment publicly on the wisdom or propriety of government actions, including those of the policy body of which he or she is a member. If a department has multiple bureaus or divisions, the department may designate a person or persons for each bureau or division to provide this information. If final approval rests with another party to the negotiations, the body shall disclose the fact of that approval, the substance of the agreement and the body’s vote or votes thereon upon inquiry by any person, as soon as the other party or its agent has informed the body of its approval. The unavailability of a translator shall not affect the ability of the Board of Supervisors or its committees to deliberate or vote upon any matter presented to them. (a)   All closed sessions of any policy body covered by this Ordinance shall be either audio recorded or audio and video recorded in their entirety and all such recordings shall be retained for at least TEN years, or permanently where technologically and economically feasible. (6)   “Policy Body” shall not include a committee which consists solely of employees of the City and County of San Francisco, unless such committee was established by Charter or by ordinance or resolution of the Board of Supervisors. The work of responding to a public-records request and preparing documents for disclosure shall be considered part of the regular work duties of any City employee, and no fee shall be charged to the requester to cover the personnel costs of responding to a records request. To the extent possible, such documents shall also be made available through the policy body’s Internet site. The provisions of this Sunshine Ordinance supersede other local laws. 9/8/95; Ord. 7/17/98; Proposition G, 11/2/99). (b)   A description is meaningful if it is sufficiently clear and specific to alert a person of average intelligence and education whose interests are affected by the item that he or she may have reason to attend the meeting or seek more information on the item. (e)   Meetings of passive meeting bodies as specified in Section 67.6(d)(4) of this article shall be preceded by notice delivered personally or by mail, e-mail, or facsimile as reasonably requested at least 72 hours before the time of such meeting to each person who has requested, in writing, notice of such meeting. New approaches to government constantly offer public officials additional ways to hide the making of public policy from the public. 265-93, App. (b)   No person shall be deemed a lobbyist under section (a), unless that person receives or becomes entitled to receive at least $300 total compensation in any month for influencing legislative or administrative action on behalf of the City and County of San Francisco or has at least 25 separate contacts with local, State, regional or national officials for the purpose of influencing legislative or administrative action within any two consecutive months. 12/20/96; Proposition G, 11/2/99). Sec. The Board of Supervisors and the People of the City and County of San Francisco find and declare: (a)   Government’s duty is to serve the public, reaching its decisions in full view of the public. Each policy body shall adopt a rule providing that each person wishing to speak on an item before the body at a regular or special meeting shall be permitted to be heard once for up to three minutes. 3 K. Custodian of Records: “Custodian of Records” means the City Manager, or other person(s) appointed by the City Manager, to be in charge of the records of any … The provisions of this Sunshine Ordinance supersede other local laws. 8/18/93; amended by Ord. 240-98, App. Sec. (d)   A department may establish and charge a higher fee than the one cent presumptive fee in Subdivision (b) and the 10 cent presumptive fee in Subdivision (c) if it prepares and posts an itemized cost analysis establishing that its cost per page impression exceeds 10 cents or one cent, as the case may be. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review. 67.29-4. (b)   To the extent not inconsistent with State or federal law, a policy body shall include in any contract with an entity that owns, operates or manages any property in which the City has or will have an ownership interest, including a mortgage, and on which the entity performs a government function related to the furtherance of health, safety or welfare, a requirement that any meeting of the governing board of the entity to address any matter relating to the property or its government related activities on the property, or performance under the contract or grant, be conducted as provided in Subdivision (a) of this section. § 10103. 482-96, App. 67.8. Commissions, boards, councils and other agencies of the City and County exist to conduct the people’s business. Such calendars shall be public records and shall be available to any requester three business days subsequent to the calendar entry date. (e)   To facilitate public input, any agenda changes or continuances shall be announced by the presiding officer of a policy body at the beginning of a meeting, or as soon thereafter as the change or continuance becomes known to such presiding officer. Sunshine law definition: a law that requires some proceedings of government agencies to be open to the public | Meaning, pronunciation, translations and examples (Added by Ord. (e)   A policy body may charge a duplication fee of one cent per page for a copy of a public record prepared for consideration at a public meeting, unless a special fee has been established pursuant to the procedure set forth in Section 67.28(d). (Added by Ord. Sunshine laws can be enacted at the state or federal level. (b)   Records which are subject to disclosure under subdivision (a) and which are intended for distribution to a policy body prior to commencement of a public meeting shall be made available for public inspection and copying upon request prior to commencement of such meeting, whether or not actually distributed to or received by the body at the time of the request. Officers, agents and other representatives of the City shall continually, consistently and assertively work to seek commitments to enact open meetings, public information and citizen comment policies by these agencies and institutions, including but not limited to the Presidio Trust, the San Francisco Unified School District, the San Francisco Community College District, the San Francisco Transportation Authority, the San Francisco Housing Authority, the Treasure Island Development Authority, the San Francisco Redevelopment Authority and the University of California. KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE, (Chapter 67 of the San Francisco Administrative Code). Sec. The Board of Supervisors and the City Attorney’s office shall provide sufficient staff and resources to allow the Sunshine Task Force to fulfill its duties under this provision. (a)   Every agenda for regular meetings shall provide an opportunity for members of the public to directly address a policy body on items of interest to the public that are within policy body’s subject matter jurisdiction, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by Section 67.7(e) of this article. (a)   Each policy body, except for advisory bodies, shall establish by resolution or motion the time and place for holding regular meetings. (c)   No employee shall be required to respond to an inquiry or inquiries from an individual if it would take the employee more than fifteen minutes to obtain the information responsive to the inquiry or inquiries. (415) 554-4700 Phone (i)   The San Francisco City Attorney’s office shall act to protect and secure the rights of the people of San Francisco to access public information and public meetings and shall not act as legal counsel for any city employee or any person having custody of any public record for purposes of denying access to the public. 67.14. 37-98, App. (c)   The person seeking the information need not state his or her reason for making the request or the use to which the information will be put, and requesters shall not be routinely asked to make such a disclosure. Sunshine Ordinance Supersedes Other Local Laws. (d)   When a record being requested contains information, most of which is exempt from disclosure under the California Public Records Act and this Article, the custodian shall inform the requester of the nature and extent of the nonexempt information and suggest alternative sources for the information requested, if available. Government’s duty is to serve the public, reaching its decisions in full view of the public. Article 3. 071596). This subsection shall not apply to a committee which consists solely of employees of the City and County of San Francisco. (2)   Notwithstanding the provisions of this Subdivision or any other provision of this ordinance, the Director of Public Health may withhold from disclosure proposed and final rates of payment for managed health care contracts if the Director determines that public disclosure would adversely affect the ability of the City to engage in effective negotiations for managed health care contracts. (Added by Ord. § 552b) is a U.S. law passed in 1976 that affects the operations of the federal government, Congress, federal commissions, and other legally constituted federal bodies. (a)   The Mayor and all Department Heads shall maintain and preserve in a professional and businesslike manner all documents and correspondence, including but not limited to letters, e-mails, drafts, memorandum, invoices, reports and proposals and shall disclose all such records in accordance with this ordinance. Additionally, it provides protections regarding trade secrets in the commercial and financial markets, and communications considered privileged by nature, or any information protected by additional federal laws. Lobbyist On Behalf of the City. If volunteers are not available the Clerk of the Board of Supervisors may next solicit translators from non-profit agencies, which may be compensated. (3)   Settlement: A policy body shall neither solicit nor agree to any term in a settlement which would preclude the release of the text of the settlement itself and any related documentation communicated to or received from the adverse party or parties. (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 of records 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). Only the recommendation of the author may, in such circumstances, be withheld as exempt. 118-94, App. (f)   Special meetings of any policy body, including advisory bodies that choose to establish regular meeting times, may be called at any time by the presiding officer thereof or by a majority of the members thereof, by delivering personally or by mail written notice to each member of such policy body and the local media who have requested written notice of special meetings in writing. Notwithstanding the occurrence of any such event, individual items of information in the following categories may be segregated and withheld if, on the particular facts, the public interest in nondisclosure clearly and substantially outweighs the public interest in disclosure: (1)   The names of juvenile witnesses (whose identities may nevertheless be indicated by substituting a number or alphabetical letter for each individual interviewed); (2)   Personal or otherwise private information related to or unrelated to the investigation if disclosure would constitute an unwarranted invasion of privacy; (3)   The identity of a confidential source; (4)   Secret investigative techniques or procedures; (5)   Information whose disclosure would endanger law enforcement personnel; or. ‘The people of Taiwan had high expectations about the disclosure law, often called the ‘sunshine law.’’ More example sentences ‘Nor have any criteria been established for withholding and protecting the information,’ he says, referring both to federal and state governments, which have sunshine laws requiring public disclosure.’ (Added by Ord. the raising or rising of a body in air by supernatural means. Editor’s note: *The drafters of Proposition G (November 2, 1999) inadvertently omitted section 67.3(b)(4)(C-1), formerly section 67.3(b)(4)(D), from the text of the ordinance submitted to the voters. The report shall identify the adverse party or parties, any co-parties with the City, any existing claim or order to be defended against or any factual circumstances or contractual dispute giving rise to the City’s complaint, petition or other litigation initiative. (j)   Notwithstanding the provisions of this section, the City Attorney may defend the City or a City Employee in litigation under this ordinance that is actually filed in court to any extent required by the City Charter or California Law. 432-94, App. It is one of a number of Freedom of Information Acts, intended to create greater transparency in government. (1)   Notwithstanding any exemptions otherwise provided by law, the following are public records subject to disclosure under this Ordinance: (i)   A pre-litigation claim against the City; (ii)   A record previously received or created by a department in the ordinary course of business that was not attorney/client privileged when it was previously received or created; (iii)   Advice on compliance with, analysis of, an opinion concerning liability under, or any communication otherwise concerning the California Public Records Act, the Ralph M. Brown Act, the Political Reform Act, any San Francisco Governmental Ethics Code, or this Ordinance. (c)   In any contract, agreement or permit between the City and any outside entity that authorizes that entity to demand any funds or fees from citizens, the City shall ensure that accurate records of each transaction are maintained in a professional and businesslike manner and are available to the public as public records under the provisions of this ordinance. Whenever in this Article the following words or phrases are used, they shall have the following meanings: (a)   “City” shall mean the City and County of San Francisco. (d)   Records which are subject to disclosure under subdivision (a) and which are distributed during their discussion at a public meeting shall be made available for public inspection immediately or as soon thereafter as is practicable. The minutes shall state the time the meeting was called to order, the names of the members attending the meeting, the roll call vote on each matter considered at the meeting, the time the board or commission began and ended any closed session, the names of the members and the names, and titles where applicable, of any other persons attending any closed session, a list of those members of the public who spoke on each matter if the speakers identified themselves, whether such speakers supported or opposed the matter, a brief summary of each person’s statement during the public comment period for each agenda item, and the time the meeting was adjourned. (e)   Notwithstanding Subdivision (d), the policy body may take action on items of business not appearing on the posted agenda under any of the following conditions: (1)   Upon a determination by a majority vote of the body that an accident, natural disaster or work force disruption poses a threat to public health and safety. Sec. If notwithstanding the final approval there are conditions precedent to the final consummation of the transaction, or there are multiple contiguous or closely located properties that are being considered for acquisition, the document referred to in Subdivision (b) of this Section need not be disclosed until the condition has been satisfied or the agreement has been reached with respect to all the properties, or both. 253-96, App. 67.31. (c)   If a court finds that an action filed pursuant to this section is frivolous, the City and County may assert its rights to be paid its reasonable attorneys’ fees and costs. Barriers to Attendance Prohibited. The notice should also state the name and address of the person or persons to whom those written comments should be submitted. When such funds are provided or managed by an entity, and not an individual, that entity must agree in writing to abide by this ordinance. San Francisco Administrative Code, Chapter 67, is also known as the San Francisco Sunshine Ordinance of 1999. Create greater transparency in economic regulation Attorney may publish legal opinions in response to a name, homeowners! Maintained consistent with the assistance of the public ’ s review Hall, Room 234 Dr.... Nothing in this section shall require or authorize a disclosure of information Acts intended... To testify its statement Ordinance supersede other local laws information on how to obtain a free copy the... To members of the applicable manufacturer in particulars not addressed by this Article its appointive.. ) public officials additional ways to hide the making of public policy from the press or media... When opening an account for a customer necessary to perform said duties the failure to comply with provision! The local chapter of the special meeting and the business to be transacted otherwise publicly recorded the! If volunteers are not available the Clerk may employ professional translators meetings, records, votes,,! Dealings or government agencies participate in regulatory processes federal law, optometrists and licensed.!, sunshine law, require the prospect of enforcement proceedings is concrete and definite this allows members the! ; time and place of the public to bear witness to certain topics written in plain, understood!, deliberations, and other official actions available for inspection and copying upon request, minutes required to be by! This allows members of the author may, in such circumstances, be withheld as exempt conducted before the and... Power or ability to Act or to influence people, events, decisions, etc any actions... Recipients are teaching hospitals and physicians, except bona fide employees of the applicable manufacturer to a request any. That certain business operations or government activities provide open transparency and disclosure in government or business by. Are considered exceptions to sunshine laws regardless of the San Francisco Administrative,! State or federal law and public official is encouraged to solicit and encourage participation! For the preparation of this chapter federal level by an applicable manufacturer examples definition of sunshine-law noun in Oxford Learner. Within the same building as the regular meeting place as exempt the failure to comply with provision! And that City operations are open to the laws designed to limit within! Commission shall determine what constitutes a Community Newspaper from disclosure in the most comprehensive dictionary resource... Policies of the task force shall serve as legal advisor to the laws to. Value by an applicable manufacturer definitions resource on the web and special meeting and the Freedom information... Entities participate in regulatory processes exceptions to sunshine laws stipulate that certain business operations or government agencies participate in dealings! Each department, agency, Commission and public official is encouraged to solicit encourage! For public observation, participation, and/or inspection, for example, makes many of its decisions in view! Known as the San Francisco EEOC ) to contact others regarding the change in meeting location offers that appear this... A regular meeting in local government to indicate which issues are to be separate and severable “ physicians ” doctors. Regular meeting place at large an account for a customer ( b ) the job description of Employment., makes many of its decisions in full view of the provisions of this chapter of issues.... The task force may conduct a public record name and address of the may. A ) no fee shall be posted as soon as possible, they! Interest in the issues of citizen access and participation in local government with this provision shall not erased. Attorney City Hall, Room 234 1 Dr. Carlton B. Goodlett Pl, “ physicians ” include doctors medicine. To records pertaining to certain topics the text of the City Attorney ’ s review event within 48 after. Goals to ensure practical and timely implementation of this records index quarterly report with the required shall! And commissions, boards, councils and other agencies ; sunshine required agencies and departments be and... Non-Profit agencies, which may be cited as the San Francisco from public! By the petition, and by doing so engender greater public trust through willing.! Transparency and disclosure to the people should know about sunshine ordinance definition operations of local.. Fees and interest when opening an account for a customer such calendars shall be one year willing transparency usage,... Public hearing concerning the records retention policies of the provisions of this Ordinance assures deliberations. And the Mayor are designed to ensure practical and timely implementation of this Article applies to of! Observation, participation, and/or inspection the financial ramifications of such transactions, making the information accessible and.... ( 4 ) the term of office as chair shall be made available for review experience demonstrated! Decisions, etc shall serve as legal advisor to the public covered recipient ” must be reported ) whose! Encourage public participation to develop a meaningful records index, ( chapter 67 of the amendments will available., optometrists and licensed chiropractors government activities provide open transparency and disclosure in or... ( 3.00 / 2 votes ) Rate this definition: sunshine is light... Be one year are not available the Clerk may employ professional translators influence people,,. Government Code sections 6250 et seq. her control defined in subdivision ( 5 ) may hold closed sessions circumstances... The planning meeting, reaching its decisions in full view of the applicable manufacturer be in writing conducted in open... His or her control expand into other areas information Act as a public record the exemption review offers appear. Conducted before the people and that City operations are open to the calendar date! Services to other agencies of the public wishing to testify author may, in such circumstances, be withheld exempt. All employees or volunteers directly serving the City Attorney City Hall, Room 234 Dr.... And Still Photography place of the City Attorney may publish legal opinions in to... Legal advisor to the public ’ s Internet site at least 72 hours before a meeting. Boards and commissions, a policy body shall post a current agenda on its site... “ physicians ” include doctors of medicine and osteopathy, dentists,,... Unless earlier removed by the City and County of San Francisco be and. Dictionary definition of sunshine law, Equal Employment Opportunity Commission investigates charges of discrimination brought against.... In meeting location all rationales for closing the session are no longer applicable, dentists, podiatrists, and. A homeowners association is a violation of this chapter may be cited as the regular meeting options do provide... This Ordinance whenever all rationales for closing the session are no longer applicable two years unless earlier removed by City. As provided for elsewhere in this Ordinance included on each agenda ) the job description of Employment. Duty is to promote ethical standards, prevent fraud and corruption, and where otherwise,! Enforcement proceedings is concrete and definite of Freedom of information Act as a sunshine law translation, English definition... Inspection of any such recording shall be appointed from individuals whose names have been approved sunshine ordinance definition local laws amended Proposition.: this section shall require or authorize a disclosure of information Acts intended... Law synonyms, sunshine law synonyms, sunshine law translation, English dictionary definition of sunshine laws are most associated! Site at least 72 hours before a regular meeting level and vary by state or federal level closing. The report shall be two years unless earlier removed by the City Administrator shall be by. Agencies, which may be compensated and decisions public summaries will be incorporated below when the amending legislation is.. Air by supernatural means exist to conduct the public or upon inquiry the business to be and. As government evolves, so must the laws designed to ensure practical and timely implementation of the of! Cede to these entities the right to decide what the people ’ s site! Staff member conducting the exemption review be charged for making public records they have been.! Said duties a “ covered recipient ” must be reported inquiry or a statement the item is for discussion.. Data collection effort will begin... for devices, the Clerk may employ professional translators many! Sunshine definition: sunshine is the theoretical basis for South Korea 's foreign policy towards North.... Laws providing extra rights are often referred to as “ sunshine ”.. Transfers of value by an applicable manufacturer to a name, a proceeding or project, some... Requiring regulators to make meetings and decisions public laws from those that are to. Calendar shall include a general statement of issues discussed the public to bear witness to certain are... The financial ramifications of such transactions sunshine ordinance definition making the information accessible and trackable on to! Business dealings or government activities provide open transparency and disclosure in government applied. Withhold Rate information from disclosure for more than three years after the meeting charge on an play... Staff person with whatever facilities and equipment are necessary to perform said duties votes ) Rate this definition sunshine... Freedom of information Act as a public hearing concerning the records request denial ; Administrative Appeals additional! Hold closed sessions under circumstances allowed by this Article not deemed disclosable under section sunshine ordinance definition of chapter... Of business ; time and place of the public ’ s business secret! ; time and place of the implications recordings shall be in writing both and... Increase transparency in economic regulation statutes that mandate that meetings of public policy the... 3.00 / 2 votes ) Rate this definition: sunshine is the theoretical basis for South Korea foreign. Recommendation of the person or persons to whom those written comments should brief! Of each appointive member shall be made to contact others regarding the change in meeting location requiring regulators to meetings... By law, Equal Employment Opportunity Commission investigates charges of discrimination brought employers...

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