pages: OpenGovernmentCommission/2021-12-06.pdf, 2
This data as json
body | date | page | text | path |
---|---|---|---|---|
OpenGovernmentCommission | 2021-12-06 | 2 | not seen anything come through and the agenda has not been updated; the Commission is totally in the dark about the documents; inquired whether the Complainant can provide insight about what he received and where it came from. Mr. Shabazz responded that he cannot describe that much because he received it this afternoon; screenshots that have an October date from Alamedanonymous were sent to the City on Friday. In response to Vice Chair LoPilato's inquiry regarding the screenshots, the Assistant City Attorney stated he was not aware of the document until this afternoon since City Hall is closed on Fridays; he did not review it when he received it, so he is not able to summarize it; he immediately asked that it be provided to the Complainant. Commissioner Chen inquired what the expectations and requirements are of the custodian of records when such a request is received. The Assistant City Attorney stated within about an hour of receipt, the request was provided to a number of individuals inside the City to process the request; according to the California Supreme Court, the nature of the request can be summarized to the custodian of records; since the request was related to social media, it is expected that it would be given to the custodian of records, who is the best person to look at those type of requests; the law says that search can be reasonably relied upon and that is precisely what the City Attorney's office did; the idea that the City Attorney's office did not produce records is inaccurate. Commissioner Chen inquired what date the City Attorney's office received the request, to which the Assistant City Attorney responded the request was received on April 21st and provided to the custodian of records. Commissioner Chen inquired about the custodian of records being required to reply. The Assistant City Attorney responded the custodian of records is required to do a search to produce records; in this case, it was social media; the standard practice is when the custodian of records is copied on the request, they are aware of what they need to do; once it is turned over to the City, it is treated like any other records request; the City Attorney's office reviews the request for possible exemptions and \produces the records. In response to Commissioner Chen's inquiry, the Assistant City Attorney stated he recalls only receiving one related record and was not sure if it was from the custodian of records or staff. Commissioner Chen inquired whether the custodian of records would then be in violation of responding timely. The Assistant City Attorney responded the City can only act through its agents, the individuals who do the City's work; stated it can be viewed as anyone who is involved in Meeting of the Open Government Commission December 6, 2021 2 | OpenGovernmentCommission/2021-12-06.pdf |