pages: OpenGovernmentCommission/2015-10-14.pdf, 5
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OpenGovernmentCommission | 2015-10-14 | 5 | would take a little bit more time; stated the criteria in Sunshine Ordinance Section 2- 92.9 was met. Mr. Klein responded the language specifies the response has to address by whom, when and how the request will be fulfilled. Commissioner Dieter stated that she is reading Section 2-92.9, which states a request to inspect or obtain copies of public records that is submitted to any department or anybody shall be satisfied no later than 10 business days unless the requester is advised in writing within three business days that additional time is needed to determine whether the request for records is likely to comprise a voluminous amount of separate and distinct writings. Commissioner Bonta inquired if Section 2-92.5 is being referenced, which indicates a request for information to any agent of the City requires the agent to respond to said request within three business days by providing or explaining how, when and by whom. Mr. Klein responded in the affirmation; stated said Section is the one in his complaint. Vice Chair Foreman stated that he thought the issue was frivolous when he first looked at it; however, the more he reviews it, the more he is a little bit concerned; he understand Mr. Klein received the documents in time; Mr. Klein is not complaining about that; he is putting himself in Mr. Klein's shoes; a response was due in three days; the response came in on the third day, which is perfectly okay; the response is clarification is needed; Mr. Klein wrote back less than two hours later asking the Attorney to tell him what is unclear; in hindsight from the 16th, Attorney Cohen could have very easily met the three day requirement and still could have asked for the extension; that he does not have a problem with staff asking for the extension; these are emails and over 400 pages, which might include privileged material; he has no problem whatsoever with the extension; if he were in Mr. Klein's shoes, he would say the Attorney is dragging his feet; he does not know why the Attorney was dragging his feet; it may be totally innocent; maybe he was just going away for the weekend, but he is dragging his feet; that he does not want the public or anyone asking for documents to feel like they have to drag the documents out of the City; he is concerned because clearly the three day timeline could have been met. The Assistant City Attorney stated when a complaint has been filed under the ordinance, the Commission hears the evidence and arguments and has to render a formal written decision on the matter; staff needs the Commissions direction. Commissioner Tuazon stated the way everyone communicates now with text and email is so easy to just write something that causes more questions; if he asks somebody a question through email, the response comes back with more questions or creates more problems instead of addressing the issue; people need to be very careful when answering an email; he is not saying that Mr. Cohen was reckless here; however, he did not address the whom, when and how. Meeting of the Open Government Commission October 14, 2016 5 | OpenGovernmentCommission/2015-10-14.pdf |