Members of the task force, which oversees open-records issues for The City, expressed dismay at Herrera, who was city attorney for two decades, failing to obey part of the city administrative code he shaped.
“I am somewhat speechless,” said SOTF member Bruce Wolfe, because the infraction was made by “a renowned city attorney such as former city attorney Dennis Herrera, who was responsible for ensuring that laws like the Sunshine Ordinance and and the Brown Act are being followed properly, and has written a ‘Good Government Guide’ and maintained it. I don't understand.”
In this case, Herrera did not divulge what he discussed in meetings in the first few days of his new job in November of 2021. This deprived San Francisco citizens from seeing, for instance, that he met with PUC Chief Financial Officer Eric Sadler on personnel issues on Nov. 2, 2021. A month later Sadler left the PUC after six years. Herrera’s office has filled in meeting subject lines since being cited.
“He had a four-day grace period,” task force member Chris Hyland replied. “That timeline does not support you there, sorry.” “Is this a binding commitment on behalf of Mr. Herrera?” asked Anonymoose, the citizen activist who brought the complaint in an email in February 2020 as part of an agreement to waive other violations. A regular gadfly in the SOTF meetings, Anonymoose was awarded the Society of Professional Journalists’ James Madison Freedom of Information Award in March.
The task force voted unanimously to send the matter to the Ethics Commission, which will decide whether to hear it as an official misconduct hearing, or to dismiss it. An Ethics Commission spokesman said in a statement that “All complaints are handled confidentially as required by the City Charter. That requires that we do not disclose information about any enforcement matters we are handling.”
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