AIDS Activist, City Health Official
in Heated Row Over Sunshine Law

SAN FRANCISCO —A meeting to discuss complaints about violations of the city’s public records access laws turned into a vicious confrontation today between an AIDS activist and a city health official over the public disclosure of citizen testimony.

On the agenda of today’s meeting of the Sunshine Ordinance Task Force Complaint Committee was AIDS activist Patrick Monette-Shaw’s complaint about the policy of the HIV Health Services Planning Council, also known as the CARE Council, on what merits publication in its meeting minutes. Current policy holds that the written testimony of a person unable to attend a Council meeting is not included in the meeting’s minutes. Monette-Shaw, a 51-year old man who has been active in the AIDS community since he lost his partner to AIDS seven years ago, contends the policy is in violation of the Sunshine Ordinance.
The current ordinance, passed in San Francisco in Nov. 1999 and enacted the following January, amended the former Sunshine Ordinance in an effort to increase access to public records and strengthen open meeting laws. It also outlined the procedures for citizens like Monette-Shaw to follow if they believe it is being violated.

Eric Whitney, the Planning Council’s coordinator, contended that meeting minutes must reflect what actually occurred at the meeting. Anyone is free to write the council and make their feelings known, he said, adding that such commentary is distributed via an e-mail list that anyone can join and is available on hard copy at the Council’s office.

Monette-Shaw, clad in black jeans, a denim jacket and purple Nike sneakers, insisted that is not enough.

“Someone with HIV should not have to traipse to Market Street [the council’s headquarters] to search through a thick file,” he countered. He said the public’s testimony should be made readily accessible and prominent on the Council’s web site—which he called “convoluted”.

The CARE Council oversees the administration of the Ryan White CARE (Comprehensive AIDS Resources Emergency) Act, established in 1990 and amended and reauthored in 1995 and 2000. Envisioned as a disaster relief bill to assist cities and states overwhelmed by the costs of caring for low-income and uninsured people living with HIV/AIDS, it authorizes spending federal dollars for HIV health services. The CARE council serving San Francisco, San Mateo and Marin counties received roughly $37 million in fiscal year 2001-2002.

Monette-Shaw, Whitney, Deputy City Attorney Ernest Llorente and committee members Sue Cauthen, Doug Comstock and David Parker hashed out the issue for nearly an hour as tensions escalated. Monette-Shaw, while remaining calm during the session, repeatedly interrupted committee-head Cauthen. Whitney expressed outrage not only with Monette-Shaw but with the city as well.

Whitney responded with mounting anger when the committee suggested he rewrite the minutes’ policy to include a section for public petitions and comments. Whitney, who called upon a city attorney for assistance when rewriting the AIDS Council’s public records policy to bring it into compliance with the Sunshine Ordinance, indicated he would do so but could not hide his disgust.

“We sought advice from the city attorney and they gave it. Now you’re saying it’s wrong,” he shouted. “This is extremely frustrating to me! Who are we supposed to rely on to interpret the law for crying out loud?”

The committee members finally passed a motion stating that the committee accepts no jurisdiction on the matter but recommends that the CARE Council reword their minutes policy and add a petitions and comments section to published minutes.

Whitney stormed out of the City Hall hearing room in a rage when the meeting adjourned. Monette-Shaw tailed him into the hallway.

A verbal scuffle ensued in which Whitney flung a very loud string of expletives at Monette-Shaw.

Monette-Shaw said after the meeting that he plans to file an appeal with the complaint committee. And although his interactions with Whitney have been largely negative, he said many members of the Care Council support his efforts.

“I’ve had CARE council members come up to me and say ‘thank you for posing the tough questions,” he said after the meeting.