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Public commenter accuses commission of repeated interruptions, files Sunshine/Brown Act complaints
Summary
Public commenter Ray Hartz told the San Francisco Police Commission he filed Sunshine and Brown Act complaints after being interrupted multiple times during prior meetings and alleged commissioners may have discussed an agenda item outside public view; he urged the commission to protect public comment time and transparency.
Ray Hartz, director of San Francisco Open Government, told the San Francisco Police Commission on Oct. 13 that he has filed Sunshine and Brown Act complaints alleging commissioners repeatedly interrupted him during prior public comment periods and that commissioners may have discussed and postponed an agenda item outside the public's view.
"I have been interrupted by the same commissioner on 5 separate occasions," Hartz said during general public comment, adding that while he was later allowed to continue, the pattern amounted to "an attempt to obstruct and impede the comments." He said the interruptions deprived members of the public of their full three-minute allotment and raised constitutional concerns about free speech.
Hartz also told the commission he filed a separate Brown Act complaint after observing what he described as a statement that commissioners "had a discussion about this briefly" and had "agreed to put this matter over for 1 week" following closed session. "When did you hold this discussion and when did you come to this agreement and was it or was it not out of the sight of the public?" he asked the commission.
Commissioners did not resolve the complaints in public session. During commissioner reports and agenda planning, members scheduled a follow-up discussion on public-comment procedures for two weeks out and agreed to consider setting parameters for when and how commissioners may respond to or calendar items raised during public comment.
Hartz also raised OCC complaint-rate figures for 2009 and 2010 to argue that the low sustain rate for complaints may discourage participation. "In 2010, there was 1 complaint sustained out of 294," he said, characterizing that as roughly 0.3 percent sustained. He urged the commission to ensure processes do not deter citizens from filing legitimate complaints.
The commission did not vote on any policy changes related to Hartz's complaints at the Oct. 13 meeting. Members agreed to place public-comment scheduling and related retreat follow-up items on a future agenda for further discussion.
