pages: OpenGovernmentCommission/2021-12-06.pdf, 12
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OpenGovernmentCommission | 2021-12-06 | 12 | is uncomfortable narrowing the scope of what is being addressed. Chair Tilos stated the Complainant was open about wanting everything with no delineation. The Chief Assistant City Attorney stated she appreciates Vice Chair LoPilato's comments; in Attachment 2 of the City's position, there is communication that the City Clerk attempted to resolve the issue before a complaint was filed; Mr. Shabazz stated the City did not take the next step in contacting either Nextdoor or the City official in order to get the records he requested; his complaint stems from what he views as an insufficient effort by the City to obtain the records. Commissioner Chen stated that she asked the Assistant City Attorney if he asked the custodian of records to produce any responsive records; the Assistant City Attorney said that he asked Councilmember Herrera Spencer a day after he received the request in April; inquired whether the City vets documents before release. The Chief Assistant City Attorney stated in the process of evaluating and obtaining records, the City does vet documents to make sure there is no personal information or anything not related to City business, which would be redacted; the balance would be disclosed. Commissioner Chen inquired what happens if the City official does not produce records. The Chief Assistant City Attorney responded the general rule is that the City takes the public official at their word; if they state they do not have any responsive records, it is permissible for the City to rely on that statement; the rule is used to address requests for private emails and texts and does not yet apply to social media. Commissioner Chen stated her assumption, based on the Assistant City Attorney's response, is that there were no records to produce; if the screenshots were accurate and could be proven, it seems the official did not present the documents. Chair Tilos stated the accuracy of the screenshots is not in the Commission's purview. Commissioner Chen stated if the City can obtain personal emails and texts of City employees and officials, anything posted on social media seems to be even more broad; with reference to the January 6, 2021 Capitol incident, a lot of social media is being used in cases; law is formulating and social media could be considered public record in the future. Vice Chair LoPilato concurred with Commissioner Chen that laws relating to social media are definitely moving in that direction; giving guidance and training to officials with a lens on open government is valuable; comments on the City's Nextdoor account on January 6th in which Councilmember Herrera Spencer urges the public to vote on a specific agenda item is concrete example as a record responsive to the complaint; the City had Meeting of the Open Government Commission December 6, 2021 12 | OpenGovernmentCommission/2021-12-06.pdf |