pages: OpenGovernmentCommission/2021-04-05.pdf, 12
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OpenGovernmentCommission | 2021-04-05 | 12 | Chair Tilos stated the 10 days refers just to the response, not to the providing of the documents, so it is a false motion. Commissioner Reid restated her motion to sustain the complaint based on the lack of receiving a response within the required 10 day allotment through the California PRA. The Chief Assistant City Attorney noted there is actually a provision in the California Discovery Act that If the last day to perform or complete any act of discovery falls on a Saturday, Sunday or holiday, the time limit is extended until the next court date closer to the trial date. Vice Chair Shabazz seconded the motion. Commissioner Chen stated somehow the Commission wants to punish the wrongdoing by acting on this motion, which really does not get to the heart of the problem; she thinks the Commission has to go another route to get to the heart of the problem and needs to separate whether or not the Sunshine Ordinance was violated as per the complaint; the Commission is bending over backwards to count 10 days and try to use a mechanism that will not allow doing something, which should be done at a later date. Chair Tilos concurred with Commissioner Chen; stated the Commission knows something is wrong but are basing the motion on a technicality where he thinks the Commission needs to dig deeper to find out what is really wrong and form that into a motion. In response to Chair Tilos's inquiry, the City Clerk stated the last time, the Commission actually continued the hearing; the matter was continued and there was not a quorum, so it ended up on a subsequent agenda; the Commission could continue the item to a specific date and formulate the decision on that day in order to get to the other agenda items. Chair Tilos inquired whether the item could be continued to the next meeting or to next Monday, to which the City Clerk responded the timeline is 30 days to formulate the decision. Commissioner Reid withdrawing her previous motion; moved approval of just sustaining the complaint. Vice Chair Shabazz stated there is a motion and a second on the floor; he suggested that in the context of this discussion; he is interested in what the other Commissioners have to say; he does understand the intention of withdrawing the motion to put another one forward. Chair Tilos stated the Commission is within procedure and is not out of bounds based on precedent. Commissioner LoPilato stated in the interest of moving things along and also for Meeting of the Open Government Commission April 5, 2021 12 | OpenGovernmentCommission/2021-04-05.pdf |