pages: OpenGovernmentCommission/2016-02-01.pdf, 12
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OpenGovernmentCommission | 2016-02-01 | 12 | Commissioner Dieter added another example of when the Del Monte project was addressed, the Council indicated the City would open itself up to litigation if the ordinance was repealed; the ordinance was not repealed; seeing the legal reasoning behind the matter would be interesting; it is important that the City Attorney include the matter regarding closed session minutes in the report on the Council's Consent Calendar. Acting Chair Foreman inquired whether Commissioner Dieter would draw something up to review in October. Commissioner Dieter responded the first thing is to have the Assistant City Attorney talk to the City Attorney to ensure that the report on documents that are determined to be undisclosed will be added to the Consent Calendar. The Assistant City Attorney stated Section 2-91.8A refers to any closed session minutes being exempt from disclosure based on whether the disclosure would be detrimental to the City and a report should be provided to Council. Commissioner Dieter stated the report should be on the Consent Calendar for the public; that she would provide ideas to incorporate in a staff report for the Commission to figure out 1) criteria for disclosure, 2) the process to determine risk, 3) who decides the risk, and 4) a mechanism for the public. Acting Chair Foreman inquired whether Commissioner Dieter had a chance to talk to the Assistant City Attorney about the fact that the Sunshine Ordinance requires that there be a new Chair every year; stated the matter is not on the agenda; inquired how to handle the matter. The Assistant City Attorney responded it would probably be best to place the item on the October agenda. Commissioner Dieter inquired whether it would be okay to wait until October to work on the other part [disclosing documents]. The Assistant City Attorney responded in the affirmative; stated a special meeting could be held assuming there is Commission interest and space availability. Commissioner Dieter stated City staff has to prepare a report; disclosing documents is a big deal in the community right now; the matter can be put on the shelf until October or could be discussed at an earlier date. The City Clerk stated a meeting has to be held if a complaint is filed and the item could be added. Commissioner Dieter stated that she hopes that a complaint is not filed. Meeting of the Open Government Commission February 2, 2015 12 | OpenGovernmentCommission/2016-02-01.pdf |