pages: OpenGovernmentCommission/2021-10-04.pdf, 10
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OpenGovernmentCommission | 2021-10-04 | 10 | Under discussion, Commissioner Reid thanked the members of the public present at the meeting; stated that she agrees with Mr. Garfinkle's comments; the Commission should take a little more time to digest the recommendations; they are very detailed; she is in favor of adopting most of them; highlighted a list of important items, including keeping a record of communication between a Complainant and City staff, the idea of the pre- hearing process, including details for Complainants to visualize the process, removing the term unfounded, and the Annual Report to the City Council should be on the Regular Agenda, not the Consent Calendar. Vice Chair Shabazz stated, typically, according to parliamentary procedures or Robert's Rules, the person making the motion speaks first to debate the motion; as someone who has filed a complaint, he echoes some of Mr. Garfinkle's sentiments in regards to feeling like the process was weighted against him, even when he filed a complaint as a sitting Commissioner; the process being weighted is not necessarily germane to Commissioner LoPilato's suggestion; the procedures specifically outline what will be addressed first; the first thing he would like to see is what the complaint is about, rather than City's response; at the hearing, the person should have an opportunity to share first; then, a response, presentation of facts and opportunity for rebuttal with time restrictions provides a clear process which tips the scale back towards the Complainant; this is a much better process; he appreciates the efforts around collaboration; he is not trying to change the rules for a particular outcome; encouraged the Commission adopt something that is going to be more fair for people who file complaints; what is proposed moves in that direction. Chair Tilos stated that he shares the same sentiments as well; having the City Attorney's Office provide a neutral opinion tips the scale towards the Complainant and addresses some of the concerns Commissioner Reid has regarding making the process more open, public, easier and fairer; the Commission should move forward. Vice Chair Shabazz stated that he absolutely agrees with Chair Tilos; during the conversations related to Mr. Morris's hearing, there was discussion related to the different findings and the need to go beyond the binary; the proposal provides a wide array of opportunities; looking back at the pre-2018 era, the process delineates a spectrum of options including sustained, unfounded, and denied, which should continue because there have been a lot of shenanigans and attempts to change rules and manipulate processes; he does not want people to use the OGC as a vehicle to attempt to do so. Commissioner Chen stated there has to be a balance between helping a democracy work or throwing molasses in the wheels; the OGC was set up to make sure the government does not run roughshod over the public, deny them the right to know what is happening and to have a representative government; the ultimate decision makers are the voters; if folks do not like how their elected officials are behaving or legislating, having an election is what a legislative democracy is; the OGC and Sunshine Ordinance is set to give the public an opportunity to question whether decisions and access to public records are being denied; the Commission is able to decide whether or not to agree with the Complainant; the OGC should not be used to delay how local government; sitting on the Commission, she can see why there are complaints about government not acting quickly; Meeting of the Open Government Commission October 4, 2021 10 | OpenGovernmentCommission/2021-10-04.pdf |