pages: OpenGovernmentCommission/2015-02-02.pdf, 16
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OpenGovernmentCommission | 2015-02-02 | 16 | meetings; they are required to have regular meetings even though the Sunshine Ordinance says they are not; they have chosen to do it; that he is wondering if the Section should just be taken out altogether; leave the deletion so even advisory bodies have to have regular meetings. The Assistant City Attorney stated that is what he was trying to do; all advisory bodies seem to have regular meeting dates; so it seemed de facto that is what was going on. Commissioner Bonta inquired whether there is a big difference between shall versus must. Vice Chair Foreman responded shall is mandatory by law and really means the same as must. The Assistant City Attorney stated that he is simply trying to indicate that passive meeting bodies would not have to follow the same requirement. Vice Chair Foreman stated maybe the way to write it is to scratch out advisory bodies; inquired whether the Assistant City Attorney has already taken advisory body out of this altogether, to which the Assistant City Attorney responded in the affirmative. Vice Chair Foreman stated that makes sense and means any commission or committee created by formal action has to have regular meetings and follow these rules; for passive meeting bodies, it is optional; that he is okay with it if everybody else is; he is not sure that it was intended originally, but it makes sense in practice. Chair Aguilar inquired whether everyone agrees and there were no objections. The Assistant City Attorney stated Section H on Use of Electronic Communication Devices was moved down from the findings. Vice Chair Foreman stated that he does not like it; his argument with it is not legalistic; this is the modern age; the Section is to stop secret meetings during a meeting by text or email; all this stuff is done in secret whether it is done in front of the public; you have to catch somebody doing it; it is a violation for more than two people to have a discussion. The City Clerk stated that she could provide some background information; the Section was very important to the Sunshine Task Force; the intent was to prohibit communication, not within the members themselves, but from somebody outside who did not want to get up and publically state their opinion from influencing the decision during the public process; the concept was to keep from communications, not just amongst themselves, but from private influences. Vice Chair Foreman stated his concern was making them shut it down all together; if he is in a meeting and he has a question such as what the Del Monte project looks like, he Meeting of the Open Government Commission February 2, 2015 16 | OpenGovernmentCommission/2015-02-02.pdf |