pages: OpenGovernmentCommission/2021-09-20.pdf, 8
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OpenGovernmentCommission | 2021-09-20 | 8 | Commissioner Reid stated that she does not want to exclude members of the public who wish to remain anonymous; the goal is to create a platform of transparency and allow the public to come forward while still maintaining their privacy; it is a practice in San Francisco and other places; she sent Commissioners case law which supports doing so; as an inclusive city, Alameda should allow anyone to come forward anonymously. Commissioner Chen stated that she has not thought about the issue enough; when talking about transparency and openness, people should also be transparent and open; if someone feels strongly that the government is not following the laws, they should be public about it; she understands the need for privacy, but she is not sold on it; she would like to look into what the benefit would be. Chair Tilos stated it would be more of a con or detriment because it would open it up for a lot more complaints, which could be frivolous. Commissioner LoPilato stated that she would not be supportive of an anonymous complaint process because it is ripe for abuse; she does not want to change the process or weaponize the concept of transparency to jam up City government or utilize staff resources; on the one hand, the Commission wants to hear as much as it can about issues people are encountering; on the other hand, the complaint process requires a hearing, staff time and responding party statements; she does not want tax dollars spent on these things a dozen times a month; if someone wants to privately express issues with the Sunshine Ordinance, there is still a vehicle to do so; the complaint process is not the only way to handle issues; if someone wants to raise an issue anonymously, they can email the Commission via the City Clerk; there are lots of ways to raise a concern other than the complaint process. The Chief Assistant City Attorney stated it would be hard to harmonize an anonymous complaint procedure with the limit on unfounded complaints that currently exists in the Sunshine Ordinance. Commissioner Reid inquired why the language is not more streamlined to just include denied and sustained; stated San Francisco and Oakland have only two options. Chair Tilos stated that he asked the same questions two or three meetings ago; the Commission wanted more options. Commissioner Chen stated if the complaint is sustained, the Commission agrees the complaint is valid; if a complaint is denied, it means the facts of the case did not uphold the complaint; if it is unfounded, it falls into the rule about two unfounded cases in one year; a person can file more complaints as long as their complaints is denied, rather than unfounded. Commissioner Reid inquired whether the unfounded option should just be eliminated, to which Commissioner Chen responded in the negative; stated unfounded captures cases in which the process is being weaponized. Meeting of the Open Government Commission September 20, 2021 8 | OpenGovernmentCommission/2021-09-20.pdf |