pages: OpenGovernmentCommission/2019-12-18.pdf, 3
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OpenGovernmentCommission | 2019-12-18 | 3 | Mr. Shabazz agreed the issues discussed at the last meeting are separate. The Chief Assistant City Attorney stated the draft decision was revised per the Commission's direction, which included removing objectionable language, adding a reminder that the City needs to do a better job with timely responses, and requiring an annual report on records requests; the changes were added to the findings sustaining the complaint; hopefully, the revised decision meets the Commissions requirements and the Commission will sign it. Commissioner Little stated this is the first time a staff report has been provided regarding records requests; the report revealed an additional item; she is satisfied that the City Attorney's office did a nice job of capturing and cataloguing the requests; she would like to move forward by acknowledging that there are appropriate checks and balances in place; if the pattern continues, the Commission can revisit the issue. Commissioner Tilos stated data should be provided by department to determine if there is a pattern and to allow tracking and addressing of timely responses; expressed support for the provisions added to the decision. Acting Chair Schwartz stated it takes courage, persistence, and incredible amount of civic engagement to raise the issue to the Commission; expressed appreciation to Mr. Shabazz and the City Attorney's office for taking the matter seriously; proposed some amendments to the decision language: removing the phrase "in light of the facts changing the phrase to "no evidence in the record of a subsequent similar violation to "though limited evidence suggests similar violations, the Commission does not assess a fine " and adding a sentence "However, the Commission will not hesitate to assess a fine in the future if similar violations are reported" to make it clear how seriously the Commission takes the matter; after the sentence, "we sustain the complaint," he would like to remove the phrase, "no other remedy is necessary." Commissioner Little stated at the time the decision was written, the Commission did not have a staff report or evidence in hand; the staff report on record requests shows one additional violation; she appreciates the spirit of what Acting Chair Schwartz would like to do, but does not want to introduce something that was not in hand at the first hearing. Acting Chair Schwartz stated the Commission is issuing the order tonight and should be giving a decision based on what is known today. Commissioner Little stated she is not comfortable making an amendment or motion to the decision when the agenda item has not yet been addressed. Commissioner Tilos stated a decision should have been approved back in October; it is a muddy water and technically the Commission should not even be discussing the item tonight; he understands both Commissioner's points, but is leaning toward the frame of mind as of October. Meeting of the Open Government Commission 3 December 18, 2019 | OpenGovernmentCommission/2019-12-18.pdf |