pages: OpenGovernmentCommission/2015-02-02.pdf, 11
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OpenGovernmentCommission | 2015-02-02 | 11 | Vice Chair Foreman moved approval of directing the [Assistant] City Attorney to review the definition of meeting in Section 2-91.1(B); if he determines it to be identical to the Government Code Section, he use the Government Code language; if he believes it not to be identical, he make whatever edits he believes are appropriate. Chair Aguilar inquired whether the motion is to have the changes come back to the Commission for approval, to which Vice Chair Foreman concurred. Commissioner Dieter stated the direction is fine with her. On the call for the question, the motion carried by unanimous voice vote - 5. Vice Chair Foreman stated his opinion is that the term passive meeting body, wherever it occurs in the Ordinance, be changed to non-legislative body. Commissioner Dieter stated before the Commission goes there [addresses said change], the former Commissioners had a long discussion on the matter at the previous meeting; everyone had a problem with the word "passive body" and "passive meeting body;" what was agreed upon was that it would be changed to something that everyone would understand: advisory committee or advisory body. Vice Chair Foreman stated that he recalls that; the problem with it is that advisory bodies formed by the Council as a whole, by ordinance or an official Council action, are not passive meeting bodies as defined in the document; advisory bodies are subject to the Sunshine Ordinance just as much as City Council with a few minor exceptions; the word "advisory" cannot be used interchangeably with passive or non-legislative; most advisory bodies, such as the Open Government Commission, are not passive bodies; Commissioner Dieter is right the discussion did occur; that he is suggesting using the word "non-legislative." Commissioner Dieter inquired the difference between a policy body and an advisory body. The Assistant City Attorney responded the difficulty is that as defined, advisory bodies, such as the Planning Board, Open Government Commission or Recreation and Park Commission, are advisory commissions and are also policy bodies [under the Sunshine Ordinance] or are legislative bodies under the Government Code; to address Vice Chair Foreman's concern, he tried to limit passive meeting bodies to just one category of things: an advisory committee created by a single member of a policy body, including the Mayor or a department head; that is the only body that would qualify as a passing meeting body; taking out the section subsection would limit the number. Vice Chair Foreman stated that he does not see a need for adding Item 3; a committee that exists solely of City employees would fall under Item 1; inquired whether Item 3 is needed and differs from Item 1. Meeting of the Open Government Commission February 2, 2015 11 | OpenGovernmentCommission/2015-02-02.pdf |