pages: OpenGovernmentCommission/2019-02-04.pdf, 2
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OpenGovernmentCommission | 2019-02-04 | 2 | [Absent: Commissioners Henneberry and Shabazz - 2.] 3-D. Hearing on Sunshine Ordinance Complaint Filed January 25, 2019 Serena Chen, Complainant, gave a brief presentation. The Interim City Attorney gave a brief presentation. Chair Little stated a comprehensive summary provided by former Commissioner Foreman outlines the issue. Commissioner Tilos inquired whether the powers of the Commission is a topic that needs to be addressed, to which Chair Little responded the discussion needs to be separate. In response to Commissioner Tilos' inquiry, the Interim City Attorney stated Ms. Chen's complaint is that not attaching the Commission's decision to a January 15th report is a violation of the Sunshine Ordinance; the City's position is that not attaching the decision to the report is not a violation of the Sunshine Ordinance since the Commission did not direct that the decision be part of any subsequent action or report; Ms. Chen secondarily contends that the agenda title was deficient with respect to describing the item the Council was going to consider; the City's position is the title more than adequately described the item which was the re-introduction of the cannabis ordinances and the repeal of the ordinances which the OGC rendered null and void. Commissioner Schwartz inquired whether the Interim City Attorney's position is that the January 15th meeting was a first or second reading of the ordinance. The Interim City Attorney responded had the Council majority voted to re-introduce the ordinance, it would have been the first reading. Chair Little inquired whether the failure of the Council to make a decision maintains the circumstance that the ordinances are still null and void as decided by the OGC. The Interim City Attorney responded in the negative; stated the Council has been advised that the ordinances will remain in full force and effect unless and until Council repeals the ordinances. Commissioner Schwartz inquired what information was given to the public and Council about the impact of keeping the ordinances in effect. The Interim City Attorney responded the information was adequately described in the report itself but the agenda title does go into that depth. Commissioner Schwartz inquired what in the agenda title would inform someone of the effects and current state of the law, to which the Interim City Attorney responded the information is described in the summary of the title. Meeting of the Open Government Commission February 4, 2019 2 | OpenGovernmentCommission/2019-02-04.pdf |