pages: OpenGovernmentCommission/2019-02-04.pdf, 4
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OpenGovernmentCommission | 2019-02-04 | 4 | opportunities to come out and speak; the OGC's concern was heard but just did not get the votes. The Interim City Attorney stated with respect to Ms. Chen's comment about the decision not being issued, it was issued that night and was compliant with the 14 days as required by the Sunshine Ordinance; regarding the structure of the ordinances, one section dealt with repealing Ordinances 3227 and 3228; there was nothing that prevented the Council from deciding not to re-introduce the ordinances and rather just repeal them; the Council chose not to repeal the ordinances; the issue brought up by the League of Women Voters recommending that the Commission has its own legal counsel to deliberate matters which may have internal conflict makes sense and he has made a recommended to the Council for that to occur. Chair Little moved approval of sustaining Ms. Chen's complaint. Commissioner Shabazz seconded the motion. Under discussion, Commissioner Shabazz stated, for the record, he attends the Quba Mosque on Haight Street which is adjacent to one of the proposed dispensaries; if at any point he feels there may be a conflict, he would recuse himself from the discussion. In response to Commissioner Shabazz's inquiry regarding the status of the discussion since he arrived late, the City Clerk provided a brief summary. Commissioner Schwartz thanked Ms. Chen and Mr. Agabao for their comments; stated he takes no position on the underlying issue of the ordinance; the Commission should be completely process-oriented and be totally without regard for the underlying content; his concern is with transparency and democracy and whether the public had an opportunity to be heard; the process is needs to be looked at; the process was not clear and the public was confused; transparency is an important value that the City has and everything should have been put out on the table; the Commission's decision should have been included in the staff report and executive summary; the exact status of the ordinances and impacts of passing a new ordinance should have been made clear; he felt it was unclear and a reasonable member of the public would find it unclear as well; what needs to be done for transparency and democracy is to just do it again; he understands that both sides have important issues at stake and deserve to have the issue resolved, but one more month to ensure transparency is worth it. Commissioner Tilos stated he concurred with Chair Little's concerns about the issue being paraphrased and put in the background; a lot of time and effort was put in to a recommendation by the Commission, which was not included; although the issue passed on the legal tests, it should pass the test of being fully transparent. Chair Little stated that she takes the duties of the Commission very seriously; the issues that have been brought before the Commission allow the opportunity to examine what exactly is going on in the City's government; tonight's matter has nothing to do with the Meeting of the Open Government Commission February 4, 2019 4 | OpenGovernmentCommission/2019-02-04.pdf |