pages: OpenGovernmentCommission/2019-12-18.pdf, 2
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OpenGovernmentCommission | 2019-12-18 | 2 | 3-B. Action on Open Government Commission's Written Decision Following a Hearing on a Sunshine Ordinance Complaint Concerning a Failure to Respond Timely to a Public Records Act Request Acting Chair Schwartz inquired whether Commissioner Shabazz is recusing himself. Commissioner Shabazz responded in the affirmative; inquired at what time is he required to recuse himself, during voting or discussion. The Chief Assistant City Attorney responded as the Complaintant, Commissioner Shabazz would be required to recuse himself from the vote and discussion, but could present to the Commission as the Complainant. In response to Acting Chair Schwartz's inquiry regarding public comment, the Chief Assistant City Attorney stated the Complaintant is given an opportunity to verbalize their position; the Commission can ask questions; the City would make its presentation and have an opportunity to respond; the Commission could then have discussion and reach a decision regarding the issue. Mr. Shabazz stated he would like to clarify that he filed his complaint as a member of the public and not as a Commissioner; he would like to address two specific issues: 1) the efforts to resolve the issue informally and any additional facts that existed, and 2) the statement that there is no evidence of subsequent violations, which is inaccurate; cited examples of potential violations included in the staff report; expressed concern about resolving violations informally discouraging folks from bringing issues before the Commission; stated that he chose to move it forward just to set a precedence; inquired how the City Attorney's office could improve its internal process for an increased sense of transparency. Acting Chair Schwartz requested more details about Mr. Shabazz's requests from February 22 and 27, 2018. Mr. Shabazz responded on February 27, 2018 he made a request for bodycam footage of an incident that occurred on August 21, 2017 regarding a robbery and Alameda Police drawing firearms; stated the response he was given from the Police Department was that he would not be able to access the bodycam footage. Acting Chair Schwartz inquired whether Mr. Shabazz had issues with the response failing to address his request timely or at all and whether he had to be persistent and follow up. Mr. Shabazz responded he cannot answer at the moment because he submitted several public records requests on separate issues, but can get the information from his computer and provide it later. Commissioner Little stated that she recalls asking the same questions at the last meeting. Meeting of the Open Government Commission December 18, 2019 2 | OpenGovernmentCommission/2019-12-18.pdf |