pages: OpenGovernmentCommission/2021-05-03.pdf, 6
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OpenGovernmentCommission | 2021-05-03 | 6 | Commissioner Reid stated that she would find it acceptable as long as the informal process does not penalize complainants. Vice Chair Shabazz inquired whether the piece about being able to make a recommendation and do a report already exists and the Commission just has not utilized it. Commissioner Chen stated the Sunshine Ordinance has only been given test runs in the past two years with just a handful of complaints; the Commission has been finding little things they did not know existed by struggling through the complaints; she did not vote with the majority at the last meeting, not because she did not agree with most everything, but because there was so much nuance in the issue being raised; she agrees with Commissioner LoPilato about having some kind of process that clearly does not require saying just yes or no; there could be a more nuanced response; she agrees with the Assistant City Attorney that said instances should be agendized; the Commission is just trying to build something from scratch; it is like building a new car or airplane and realizing when trying to fly it that someone forgot the parachutes or there is no trap door; the trap door needs to be built now; the process is very healthy; when asked to vote in previous months, she did not know what the options were and was unclear about "unfounded;" it is important to have the same vocabulary about what the Commission is actually saying; she may find an issue unsustained, but not unfounded; the moment the term "unfounded" is used, it becomes one strike against the complainant; two more strikes and they are out for five years; she hears Commissioner Reid's concern. Commissioner Reid stated it is very important to take note of the definitions of "unsustained" and "unfounded;' her understanding is the term "unfounded" is very harsh; it puts a member of the community who is participating in the City's democracy in a position where potentially they can no longer participate; she noticed the attorneys were pushing for using the term "unfounded;" there is some confusion around the two terms; just because the attorney recommends something does not mean the Commission has to follow it; it is important to clarify the terminology; the attorneys err on the side of more protection for the City; it is the position of the Commission to represent the people; the Commission should want to hear the complaints and give the community the opportunity to have a voice; she supports Commissioner LoPilato's alternative path as long as there are no penalties to the complainant. The Assistant City Attorney stated that he understands the confusion around the terms, which seems like a priority for some Commissioners; the proposal put forth by Commissioner LoPilato is unrelated; suggested dealing with it first; then, circle back to the terminology; neither of the proposals have any red line related to unfounded and the City Attorney's office does not have any language currently proposed for how to resolve the issue. Vice Chair Shabazz observed noted there was different language in each of the different complaints; there was a recommendation from City staff to "dismiss; the issue could be a subcommittee conversation to develop the vocabulary in order for the Commission to Meeting of the Open Government Commission May 3, 2021 6 | OpenGovernmentCommission/2021-05-03.pdf |