pages: OpenGovernmentCommission/2016-10-03.pdf, 3
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OpenGovernmentCommission | 2016-10-03 | 3 | Vice Chair Dieter stated that she could not find the report online on the City's website; part of the Commission's responsibility is to peruse the database; if she could not find the document, the public would not be able to find it; the report is routinely prepared every six months; she would like to be able to search to find past documents. The Assistant City Clerk stated that whenever a meeting packet is distributed, it is also published online, archived, and should be searchable; stated she would find out how Vice Chair Dieter was conducting her search and help her with the search feature. Commissioner Tuazon stated that he has not had any problems finding documents he searches for on the City website. In response to Vice Chair Dieter's inquiry regarding how to address a complaint from the public regarding why documents are not disclosable to the public, the City Attorney stated a Commissioner making a judgment on legal judgments would be going beyond what the Commission is impaneled to do; the City Attorney's office gives legal advice to the City Council and the Council makes the determination; it is not the charge of the Commission to be second-guessing the legal advice. In response to Chair Foreman's inquiry, the City Attorney stated it is not this Commission's role to be a substitute for legal judgment. In response to Vice Chair Dieter's inquiry, the City Attorney stated if someone wants to complain about why documents are not being disclosed, there is no known avenue for recourse, short of filing a lawsuit where they felt they have the right to see documents were pertinent to their case. Vice Chair Dieter inquired what is the recourse if a Councilmember wants to have a document disclosed to the public, to which the City Attorney responded the Councilmember would have to make the request in Closed Session and the issue would be voted on; a single Councilmember cannot decide to waive attorney-client privilege, it has to be approved by the Council as a whole. The City Attorney inquired whether there is a specific reason why the matter has become a concern for the Commission, or if there is an issue the Commission feels the City is not addressing appropriately. Vice Chair Dieter responded in the negative; stated the issue has been discussed on a few blogs; she wanted to hear the information and provide background to anyone listening. Commissioner Aguilar stated, in her experience, closed session minutes are not disclosed. The City Attorney concurred with Commissioner Aguilar; stated there has never been a process of disclosing closed session minutes in her experience with three different Meeting of the Open Government Commission October 3, 2016 3 | OpenGovernmentCommission/2016-10-03.pdf |