pages: OpenGovernmentCommission/2021-11-01.pdf, 14
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OpenGovernmentCommission | 2021-11-01 | 14 | The motion failed due to a lack of second. Commissioner Reid moved approval of dismissing the Complaint on procedural grounds asking that Mr. Garfinkle work with the City Attorney and City Clerk's offices to understand a little more of why the redactions occurred. The Chief Assistant City Attorney stated the dismissal is for procedural or jurisdictional defects; jurisdictional would be if the Commission did not have the authority to make a decision on the Complaint or it is something totally out of the Commission's purview; procedural grounds would be that some sort of procedure was not followed in the actual making of the Complaint; the most classic example would be if a Complainant filed their Complaint after the deadline; stated that she is not sure whether dismissal is really what Commissioner Reid intends. The motion failed due to a lack of second. In response to Commissioner Reid's inquiry, Chair Tilos stated the five options are: 1) Complaint sustained with cure and correct recommendation, 2) Complaint sustained without cure and correct recommendation, 3) Complaint denied, 4) Complaint denied as unfounded, and 5) Complaint dismissed on jurisdictional or procedural grounds. Commissioner Montgomery moved approval of denying the Complaint as unfounded. Commissioner Reid suggested a friendly amendment to deny the Complaint, but not determine it unfounded, as it would be a harsh penalty to the Complainant. Commissioner LoPilato stated that she is inclined to second the motion; she wrestles with the unfounded distinction solely on the basis of what a layperson may interpret; it comes down to what a reasonable community member making a PRA would think. Chair Tilos stated as a non-lawyer person, he is leaning toward unfounded; the City did its due diligence; the Chief Assistant City Attorney also explained the California Supreme Court's position regarding redactions on PRAs. In response to Commissioner Chen's inquiry, Chair Tilos added a minute to everyone's clock. Commissioner Montgomery stated that she did not accept the friendly amendment to the motion. Commissioner Chen stated that she has been frustrated with the Complaint because it kept changing every few hours and there was no time limit; there was opportunity for the Complainant to do more due diligence; this is not the first Complaint he has filed; on one hand, she does not want to find it unfounded because it seems severe; on the other hand, the Complainant had the opportunity to prepare a more solid Complaint; the speaker's Meeting of the Open Government Commission November 1, 2021 14 | OpenGovernmentCommission/2021-11-01.pdf |