pages: OpenGovernmentCommission/2021-04-05.pdf, 13
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OpenGovernmentCommission | 2021-04-05 | 13 | transparency, she is finding herself aligned with Commissioner Chen's comments and still also troubled by what was heard today. Vice Chair Shabazz stated that he is concerned with making sure the Sunshine Ordinance is being applied; neither the complainant or the legal counsel specifically address this; questioned if this issue is not what is sustained or addressed, then what is the process; when there is a pattern, or at least more than one instance of this happening, what is the mechanism to change the behavior; stated at the core of it, he still feels there was a violation even if it was not explicitly stated by the complainant or the presentation. In response to Commissioner Reid's inquiry, Chair Tilos stated her latest motion to sustain was made but not seconded and is being discussed. Commissioner Reid stated that she would amend her motion; the dates fall under 14 days and technically is a violation; pointed out the importance that the requestor did not receive the totality of the information that he requested and the fact that he had to go back and forth, which took an extended period of time; the Commission collaboratively agrees that it was not the procedure that falls within the spirit of the Brown Act and the transparency the Commission is seeking. Commissioner Reid moved approval of sustaining the complaint based on the lack of timeliness. Chair Tilos stated that he likes where Commissioner Reid is going, but wants to phrase it more succinctly; stated the complaint is being sustained due to lack of totality of his requests in an efficient manner. Commissioner Reid amended her motion to include that it did not follow the spirit of the Brown Act and the requestor did not receive the totality of his requests in an efficient manner. Vice Chair Shabazz stated the references to the Brown Act and the PRA does not prescribe a specific time in which records have to be produced, the 10 days is related to a response. Chair Tilos stated that is why he used the word efficient; it was not efficient for Mr. Morris to go back and forth and file a complaint before getting any information. Commissioner LoPilato stated it would be good to get some legal guidance on the terms of totality and efficiency that she is not aware as rooted in law. Commissioner Chen stated the description of the Commission's duties includes reporting to the City Council at least once annually on any practical or policy problems encountered in the administration of the Sunshine Ordinance; she feels like Mr. Morris's claim is not sustained, but to double down on saying his complaint highlighted and brought into the spotlight a real serious problem that he is not the only one who has faced; the Commission Meeting of the Open Government Commission April 5, 2021 13 | OpenGovernmentCommission/2021-04-05.pdf |