pages: OpenGovernmentCommission/2021-07-19.pdf, 20
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OpenGovernmentCommission | 2021-07-19 | 20 | to give the Commission an update on how the City Attorney's office plans to staff complaints going forward; the vision is to realign how outside counsel would be used to advise her as she maintains her role as the advisor to the OGC; outside counsel would be used to provide guidance to the OGC in its adjudicatory role; the City department on the other side of the complaint would be represented at the hearing by another member of the City Attorney's office; the ethical wall she mentioned means that any other attorney from her office representing another department in the complaint process would be ethically walled off; in practical terms, nothing is discussed in the office; she would step back from taking significant roles in evaluating and reviewing PRA requests; she provided the information as it may have some bearing on how the OGC decides to evaluate revisions to the complaint process. Commissioner LoPilato continued her presentation, inquired whether there is a desire to make a formal request for a different arrangement or if the arrangement will address some of the issues that have come up. Chair Tilos responded he would like more time to mull over the issue. Commissioner Reid stated that she has some concerns about outside counsel not appearing to be truly independent; the OGC should be making suggestions to the City Attorney about how to address issues and, conversely, what can the City Attorney can do to support the OGC. Commissioner LoPilato questioned whether the Chief Assistant City Attorney would be willing to take on the role of doing a legal review of complaints; stated it would be really helpful for the Commission. In response to Commissioner LoPilato's inquiry regarding the City Attorney's office taking on a non-advocacy role, the Chief Assistant City Attorney stated that she thinks the questions are all fair; she is not prepared to commit her office to any certain work plan in the context of a complaint at this time; a staffing decision was discussed internally and shared with the Commission to add to the full consideration of the issue; she would need others from her office to weigh in before committing. Commissioner LoPilato continued her presentation. Commissioner Chen stated that she is not prepared to make any decision or recommendation tonight; inquired whether anyone in the City could be Switzerland; stated there needs to be someone with no ties to the City in the way that the City Attorney's office represents the City; the OGC's duty is to find if a complaint has validity; she would like to put the issue on the next agenda so the Commission could have more discussion. Chair Tilos concurred with Commissioner Chen; stated it does sound like a conflict of interest that the OGC is asking for a neutral memorandum from a City employee. Commissioner Reid stated there is a greater discussion in that the City Attorney's office Meeting of the Open Government Commission 20 July 19, 2021 | OpenGovernmentCommission/2021-07-19.pdf |