pages: OpenGovernmentCommission/2020-12-14.pdf, 2
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OpenGovernmentCommission | 2020-12-14 | 2 | requirement of three votes for all matters that cannot be changed without a Charter amendment; the proposal lays out a host of other examples requiring a supermajority; things as basic as the Council suspending Rosenburg's Rules of Order, which governs proceedings, needing a four-fifths vote; there are other instances in the Charter that specifically include the phrase "except as otherwise provided;" discussed the sparse authorities that were presented against the proposals; stated the case authorities do not suggest that the Commission cannot make such a proposal; in fact, in some ways the arguments support the proposal. Chair Tilos stated that he appreciates all the examples provided to defend the subcommittee's proposal; it gives the Council a lot to support the recommendation. In response to Vice Chair Shabazz's inquiry regarding the proper meeting process, Chair Tilos stated since it is more cumbersome with Zoom, he prefers to chair the meetings more informally and will not require Commissioners to raise hands or to be called to speak; he will open up the discussion for Commissioners to make opening comments; then, after the presentations, will allow Commissioners to jump into discussion. Commissioner Shabazz stated that he is interested in asserting directly what the Commission is attempting to do with the proposal rather than getting into the details. Commissioner Little stated she appreciates how clear and concise the proposal is; thanked the subcommittee for finding another legislative statute for the Commission to proceed with teeth in the ordinance; stated that she fully supports the proposal. Commissioner Pauling acknowledged Commissioner Schwartz for his efforts in the legal aspects of the proposal and the City Clerk for clarifying the timeline; stated that she is thrilled with the final product and fully supports it. Commissioner Schwartz stated the proposal accomplishes what Commissioner Shabazz wanted by presenting the basics before getting into the weeds. Commissioner Shabazz clarified his comment about starting with basic information was in reference to making sure viewers are up to speed on the background of the issue, especially if they have not read the staff report or proposal; gave an example: someone watching the meeting may not know what the conversation is about if they did not read the report; providing the background at the start is helpful. Commissioner Schwartz concurred with Commissioner Shabazz and summarized the issue; stated the Commission nullified an ordinance which was voted upon by the City Council and determined there was not proper notification to the public; then, the "null and void" authority of the Commission was removed from the Sunshine Ordinance; the Council agreed it was inappropriate for the Commission to have said authority because it usurps the legislative power of the Council; the Commission did not agree with the determination; Council sent the ordinance back to the Commission to find a new remedy to provide teeth to the ordinance in the absence of "null and void;" the proposal which will Meeting of the Open Government Commission December 14, 2020 2 | OpenGovernmentCommission/2020-12-14.pdf |