pages: OpenGovernmentCommission/2021-12-06.pdf, 14
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OpenGovernmentCommission | 2021-12-06 | 14 | which were responsive to the PRA request that were not produced prior to the complaint; she would add that the Commission makes no findings whether there was a violation of the PRA with respect to producing records from a Councilmember's personal account on the basis that, with the evidence presented, the City took steps to obtain the records but ultimately no analysis was able to be conducted as to whether there were any public records. In response to Chair Tilos's inquiry, Vice Chair LoPilato stated the reason the motion is not concise is that the Commission needs to write the reason of decision statement, which should include all the basis for the findings; it can be a tighter motion, but the Chief Assistant City Attorney needs sufficient basis for the decision. Vice Chair LoPilato moved approval of sustaining the complaint on the basis of the violation that the City failed to produce records from the Agency Nextdoor account. In response to Chair Tilos's inquiry regarding the cure and correct, Vice Chair LoPilato stated the Commission could address recommendations on both issues; suggested seeing if there is consensus on the sustained part first. Chair Tilos stated he would be agreeable without a cure and correct. Vice Chair LoPilato stated that she thinks there is a very specific cure and correct the Commission could issue with respect to the finding; the cure and correct can be discussed after everyone is aligned with the finding. Commissioner Montgomery seconded the motion which carried by the following roll call vote: Commissioners Chen: Aye; LoPilato: Aye; Montgomery: Aye; Reid: Aye; Chair Tilos: Aye. Ayes: 5. Vice Chair LoPilato stated to ensure the scope is narrow and case law is not being manufactured, a reference should be made that the City Attorney's office referred to a record produced on October 28th; the Commission relying on that as opposed to the Commission making an independent finding of law as to whether or not it was a record is significant; further recommended that the City consider maintaining an index that is accessible to the City Clerk and City Attorney's offices of all social media accounts maintained as an official communications channel of the City; stated the City should evaluate whether comments should be disabled on the City account, as comments could increase the likelihood of a Brown Act violation on a platform which appears not to be carefully monitored by the City. Chair Tilos concurred with Vice Chair LoPilato's statements and recommendations Vice Chair LoPilato stated the Commission could offer up Recommendation 1 to be included with the decision; separately, the Commission should consider practical training that might be useful for Board members and Councilmembers, which could be done through the implementation report and is an action the Commission should take to Meeting of the Open Government Commission December 6, 2021 14 | OpenGovernmentCommission/2021-12-06.pdf |