pages: OpenGovernmentCommission/2021-04-05.pdf, 15
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OpenGovernmentCommission | 2021-04-05 | 15 | three different options: 1) sustain, 2) not sustain, and 3) find it unfounded which means it has been found to have no merit; inquired whether any Commissioners asked about the timeliness issue while both parties were still participating via Zoom. Chair Tilos responded in the affirmative; stated he believed Mr. Morris was asked and responded he felt the initial response was timely. The Chief Assistant City Attorney stated that she just wanted to make sure the parties were heard on an issue that seems to be important to some Commissioners. Vice Chair Shabazz stated that he did bring the question up during the clarification part; he noticed Mr. Morris had his hand up, perhaps to respond to the Chief Assistant City Attorney's question. Chair Tilos stated there is a motion that was not seconded; asked if there were any other motions. In response to Commissioner LoPilato's inquiry, the City Clerk stated it is the Commission's prerogative whether to allow Mr. Morris to address the Commission; if there are more questions, the Commission is not prevented from asking questions of anyone. Commissioner LoPilato moved to hear from Mr. Morris whether he had concerns about the timeliness of his request. Mr. Morris stated the 10 day issue was not really a big issue for him; the fact of the matter is that the PRA does have a requirement for this agency to produce records promptly; that is the word that is being danced around; he is surprised that the Assistant City Attorney did not mention this; when you talk about timeliness or efficiency, there is a requirement that once a determination is made that there are records available, those records need to be provided promptly; it is a legal term from statute and what really was violated here. Vice Chair Shabazz moved to sustain Mr. Morris's complaint on the basis that the City did not respond to his request promptly. Chair Tilos stated he that wants to add the phrase in totality. Vice Chair Shabazz stated that he would be against doing so; his perspective is that the Commission is trying to recognize that something was not done properly; the 10 days is one part and that was about notifying; in Mr. Morris's case, the information was not provided until 12 days later; the initial piece is that his request was not responded to in a timely fashion; then, it addresses the other layers he identified a while ago. Commissioner Reid seconded the motion. Under discussion, Commissioner Chen stated the complaint appears to be about the Meeting of the Open Government Commission April 5, 2021 15 | OpenGovernmentCommission/2021-04-05.pdf |