pages: OpenGovernmentCommission/2015-03-30.pdf, 5
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OpenGovernmentCommission | 2015-03-30 | 5 | says: "so as long as an opinion does not materially misrepresent the position of the City;" inquired how the clause is tested. Chair Aguilar responded there is case law. Commissioner Dieter provided an example of the City Clerk and City Manager giving different information resulting in an employee being fired; stated understanding this part of the Sunshine Ordinance is a little difficult. Vice Chair Foreman stated it is a balancing act, is very complicated and is based on the individual facts in each case, which is another reason it is a bad idea; he does not have a problem with including the Section for Commission members because they have an absolute unfettered first amendment right subject to only being relieved of their duties; however, employee do not have the same right and he does not want to mislead employees or put the City in a position of giving an employee more rights. The Assistant City Attorney stated the Commission is really dealing with policy issues; dealing with policy bodies could be moved; the Section on employees can be removed entirely or moved to Section 2-91. Vice Chair Foreman moved approval of recommending that this provision be deleted. Commissioner Dieter inquired how does this clause make government more transparent, to which the Assistant City Attorney responded the City Clerk's recollection was that the Section was included so that employees understand they have the ability to have their voices heard in front of policy bodies without worrying about being disciplined; Commissioners should be to so as well as long as they do not materially misrepresent their body. Commissioner Dieter inquired whether when the public sees a Board or Commission member speak, they are not doing anything wrong and it is their right, to which Vice Chair Foreman responded Board members are not being discussed; the discussion is about city employees. The Assistant City Attorney stated there are two parts to Section 2-92.6: one deals with public employees and the other deals with members of a policy body; there are reasons for including both. Vice Chair Foreman inquired whether the Assistant City Attorney deleted some of the Section, to which the Assistant City Attorney responded in the affirmative; stated he separated the two. Chair Aguilar stated the first portion deals with city employees and the second portion deals with policy bodies. Meeting of the Open Government Commission March 30, 2015 5 | OpenGovernmentCommission/2015-03-30.pdf |