pages: OpenGovernmentCommission/2018-12-17.pdf, 5
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OpenGovernmentCommission | 2018-12-17 | 5 | Chair Little concurred with Commissioner Henneberry; stated that is what the Commission is trying to do. The Interim City Attorney stated without waiving his previous arguments, suggested including the amendments as the three provisions rather than deleting them altogether. Chair Little stated that she would like the language to read, "the Council must re-notice " and delete the word "consider" as she does not want Council to be able to consider the decision, and rather just be directed to do it. The Interim City Attorney stated the Commission does not have the authority to direct the Council's action. Commissioner Foreman stated the Commission has made the ordinances null and void; the Council can choose to re-notice the ordinances if desired; he does not think the Commission should force Council to reconsider. Commissioner Henneberry stated the Commission's job is done upon Council being informed of the mistake. The Interim City Attorney reiterated the language revisions to include deleting the word "circumscribed" in the fourth sentence, and having the Commission "directing" rather than "recommending" the following: 1) Ordinances 3227 and 3228 are null and void; and 2) the City Council may consider re-introducing the two ordinances in question following a properly noticed public hearing. Commissioner Foreman stated the provision regarding the agenda title is not needed and can be deleted. The Interim City Attorney affirmed Commissioner Foreman's statement. Commissioner Foreman stated that he would like to make a change to a paragraph on page 8; the last sentence should just read: "the Commission finds that there was a violation of Section 2-91.5, and the complaint is thereby sustained.' Commissioner Dieter stated that she does not think a full legal opinion is necessary in the future because it could be biased since it promotes a certain viewpoint. The Interim City Attorney read the amended language and the Commission concurred with the changes. Commissioner Foreman stated that he was concerned about the Commission being represented by the City Attorney's office in the enforcement proceedings; especially with the particular issue; on October 16th, the Acting City Attorney rendered the opinion that the notice on the agenda was appropriate; then, on November 14th. the Assistant City Attorney argued before the Commission in support of the Acting City Attorney; the Interim Meeting of the Open Government Commission 5 December 17, 2018 | OpenGovernmentCommission/2018-12-17.pdf |