pages: OpenGovernmentCommission/2014-10-06.pdf, 4
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OpenGovernmentCommission | 2014-10-06 | 4 | The Interim Assistant City Attorney stated the language should remain; noted Item 4 from the staff report would be covered by addressing passive meeting bodies; reviewed Item 5: commissioners submitting written comments when absent. Commissioner Spanier stated that she does not think doing so is a good idea; the written comments could backfire or be awkward because the member is not present to respond to questions or contentious issues; that she does not know whether there is a legal issue. Commission Tuazon concurred; stated the comments could not be challenged or questioned if the person is absent. Chair Cambra requested a review of the deliberative process required before rendering a decision. The Interim Assistant City Attorney stated the deliberative process drove his analysis; a decision maker is supposed to hear the comments of other members and the public; stated the member could be pre-judging the issue and other board members might give the comments more weight than those submitted by a member of the public; he suggests having a rule that says not being able to attend is like having a financial conflict of interest and participation is not allowed. Chair Cambra outlined a lawsuit that he recalled from law school. The Interim Assistant City Attorney outlined the issue of first amendment rights versus violating due process; noted the member could request the item be continued to another date; if you are not present and have not requested a teleconference, written comments are not entered into the record. The City Clerk noted teleconferencing is another option. In response to Chair Cambra's inquiry regarding agreeing with the staff recommendation, the Commission concurred. The Interim Assistant City Attorney reviewed Items 6: retention of video recordings. The City Clerk provided background in regards to length of time audio recordings must be retained; and that we have the capacity so that we keep everything and starting in [August] 2006, everything has been posted on line. Chair Cambra stated the ordinance says keep it permanently in one spot and keep it 10 years in another spot; inquired whether the records retention policy requires keeping anything forever. The City Clerk responded some records are permanent, such as City Council minutes. Meeting of the Open Government Commission October 7, 2013 4 | OpenGovernmentCommission/2014-10-06.pdf |