The San Francisco Sunshine Ordinance was enacted in 1993 and amended by Proposition G in 1999 (City and County of San Francisco, 1999). The ordinance was created to ensure that the operations of the local government are conducted openly and transparently, allowing the public full access to government decisions and actions. The ordinance reflects the belief that the government’s duty is to serve the public openly and that the people have a fundamental right to know what their government is doing. It acknowledges the importance of public access to information for a healthy democracy and emphasizes that the secrecy in government should be rare and strictly limited. The ordinance also aims to hold public officials accountable for any attempts to conduct government business in secret, ensuring that the people of San Francisco remain in control of their government.
The San Francisco Sunshine Ordinance establishes the San Francisco Sunshine Ordinance Task Force (SOTF) to advise the Board of Supervisors and other city departments on implementing the Sunshine Ordinance, ensuring that city government meetings and decisions are open and transparent to the public. (Sunshine Ordinance Task Force, n.d.-b)
Citizens can request documents from the San Francisco government by submitting a request to the relevant department. The cost for obtaining documents is typically based on the actual costs of duplication, which might vary. Documents can be provided in both physical and electronic formats, depending on the preference of the requester and the availability of the records. Electronic records are generally available at a lower cost or for free if they are easily accessible. Departments may charge a fee of ten cents per page and for postage. There does not seem to be a requirement that the documents be made available in a particular format such as electronic. (Sunshine Ordinance Task Force, n.d.-a)
The San Francisco Sunshine Ordinance of 1999 outlines the process for obtaining public records, and details the responsibilities of city departments to provide access to documents, including electronic records, and mandates the creation of an index of public records. It also specifies that certain types of information, such as drafts, litigation materials, and personnel information, must be disclosed, emphasizing minimal withholding and prompt responses to requests. (City and County of San Francisco, 1999)
In 2022, there was a dispute between Dennis Herrera, General Manager of the San Francisco Public Utilities Commission and the Sunshine Ordinance Task Force regarding what Herrera considered minor infractions related to public records. The Task Force accused Herrera of willfully violating transparency rules by failing to list meeting topics on his calendar, a requirement under city law. Herrera defended his actions, arguing that the oversight was unintentional and occurred during his transition to a new role. The Task Force plans to refer the issue to the Ethics Commission for further investigation. (Elder, 2022)
In another recent news example, the San Francisco Department of Homelessness and Supportive Housing (HSH) was found in violation of the city’s Sunshine Ordinance by the Sunshine Ordinance Task Force. The department failed to provide public records in a timely manner, delaying key documents requested by Bay City News, which were related to a vehicle triage center and a trailer encampment. The Task Force ruled that HSH’s “rolling production” of documents was a tactic to withhold potentially damaging information, violating transparency rules. (Dworetzky, 2024)
References
City and County of San Francisco. (1999). San Francisco Sunshine Ordinance (Chapter 67, Ordinance No. 265-93). https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_admin/0-0-0-19477
Dworetzky, J. (2024, May 3). San Francisco homelessness agency found to violate ‘Sunshine Ordinance’. Bay City News. https://localnewsmatters.org/2024/05/03/san-francisco-homelessness-agency-found-to-violate-sunshine-ordinance/
Elder, J. (2022, September 15). Herrera fires back at Sunshine Ordinance Task Force. The Examiner. Updated October 23, 2023. https://www.sfexaminer.com/news/herrera-fires-back-at-sunshine-ordinance-task-force/article_c6c15318-34f7-11ed-9a5f-8f440495991f.html
Sunshine Ordinance Task Force. (n.d.-a). Frequently asked questions. City and County of San Francisco. https://www.sfgov.org/sunshine/frequently-asked-questions
Sunshine Ordinance Task Force. (n.d.-b). Sunshine Ordinance Task Force. City and County of San Francisco. https://www.sfgov.org/sunshine/