AEGiS-SC: S.F. Nonprofits Could Be Held to Open Meeting Laws

Important note: Information in this article was accurate in 1997. The state of the art may have changed since the publication date.

S.F. Nonprofits Could Be Held to Open Meeting Laws

San Francisco Chronicle - Tuesday, November 25, 1997 - Page A18
Carla Marinucci, Chronicle Staff Writer

SAN FRANCISCO - Nonprofit organizations receiving city funding may be forced to open their books, meetings, and decisions to more public scrutiny under a proposal by Supervisor Tom Ammiano, who said he wants them to be more accountable under the city's open meetings laws. The proposal could potentially affect hundreds of nonprofits funded by the city of San Francisco, said Ammiano, who also wants to explore whether nonprofits receiving city funding should be forced to democratically elect their boards of directors.

"If you get city money, you need to play by the same rules," said Ammiano, who held a City Hall press conference and was joined by Supervisor Leslie Katz in demanding a hearing on the matter at yesterday's meeting of the Board of Supervisors. "We have to provide for due process of clients of nonprofits."

The city's open meeting law, also known as the Sunshine Ordinance, requires public access to all meetings of any policy group, committee, or advisory group of city government, and also requires that all documentation and information regarding the group be accessible to the public. Presently, those rules do not apply to nonprofits that receive city funds -- but Ammiano suggested that it may be time to change that.

The proposal was prompted by allegations that some AIDS patients have been turned away by nonprofit AIDS health organizations without proper explanation -- and sometimes due to political motivations, according to Jeff Sheehy of the Harvey Milk Lesbian/Gay/Bisexual Democratic Club.

"Nonprofits that provide health care on behalf of the city are wearing the city hat, and provide essential services that people need to live," said Sheehy, who accused the San Francisco AIDS Foundation, Shanti and the San Francisco AIDS health clinic of unfairly terminating clients from AIDS treatment. "They ought to have to follow the same process of the city."

But the accusations were swiftly and vehemently denied by representatives of nonprofits, who said Ammiano's proposal would divert both crucial funding and attention away from their first mission -- saving lives.

"The purpose of the foundation is very clear and sweeping -- to end the HIV epidemic and human suffering," said Pat Christen, executive director of the San Francisco AIDS Foundation. "I do not believe lengthy discussions around the sunshine ordinance will further that mission."

While public and private institutions must work in partnership, forcing nonprofit groups "to mimic the government" would reduce their ability to respond swiftly to events, Christen said.

She also said the proposal would force the agencies to take fewer risks in dealing with the public health crisis, and require them to divert funding to deal with bureaucratic responses instead of care. "That would be literally deadly," she said.

But Ammiano said his proposal would not entail spending more money on bureaucracy. "It doesn't mean an increase in bureaucracy. It means an increase in accountability." Bob Rybicki, executive director of Shanti, said his organization is already taking steps to be responsive to public needs. "Our board meetings are open, and we love to have public participation," said Rybicki. Shanti held a town hall meeting last night in the Castro district -- one of three recent forums in city neighborhoods designed to increase public input into Shanti's policies and procedures, he said.

Both organizations said they rarely deny care and only terminate clients in the rarest of circumstances, and that there are well-organized grievance procedures in place to deal with those measures when they occur.

Several AIDS activists joined Ammiano yesterday in calling for the move, saying they hope to start with the estimated 85 nonprofit agencies that deal with AIDS and HIV services.

"I want them to be accountable," said Peggy Taylor Campbell, a single mother with AIDS who said she unsuccessfully tried to get care at the San Francisco AIDS Foundation. "I want to know exactly what I can expect."
971125
SC971104

Copyright © 1997 - San Francisco Chronicle Press. All rights reserved. Reproduced with permission. Reproduction of this article (other than one copy for personal reference) must be cleared through the San Francisco Chronicle, Permissions Desk, 901 Mission Street, San Franciso, CA 94103. You may also send a fax to (415) 495-3843, or an email message to chronperm@sfgate.com. http://www.sfgate.com.

AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted funding from Boehringer Ingelheim, Bridgestone/Firestone Charitable Trust, Elton John AIDS Foundation UK, the National Library of Medicine, AIDS Walk of Orange County, and donations from users like you.

Always watch for outdated information. This article first appeared in 1997. This material is designed to support, not replace, the relationship that exists between you and your doctor.

AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.

Copyright ©1980, 1997. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .