pages: OpenGovernmentCommission/2021-12-06.pdf, 6
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OpenGovernmentCommission | 2021-12-06 | 6 | Commission should stand by a position that they had taken in the past to the extent that the doctrine of stare decisis applies; decision 19-02 would not be a precedent because the issue about timeliness was not decided; it was never raised and, therefore, never decided; the notion that the City is bound because timeliness was not previously raised is not something the City would ever support. Vice Chair LoPilato inquired whether the records produced were from the individual custodian of records or from a third party, to which the Assistant City Attorney responded they were from a third party. Mr. Shabazz stated the email he received was from Alamedanonymous; Anonymous Anonymous, is present at this meeting, along with Councilmember Herrera Spencer, so it is not likely they are the same person, would suggests the records were not from the custodian of records. Mr. Shabazz gave a Closing Statement. The Assistant City Attorney, City/Respondent, gave a Closing Statement. Speakers: Jenice Anderson, Alameda, stated the City needs a new social media policy for Councilmembers; she does not have access and was blocked from using Nextdoor without an appeals process; she does not know what Councilmembers are doing or the business being conducted; other Councilmembers use Twitter, which any members of the public can see; City officials should not be able to use the Nextdoor platform and should be required to produce records of communications, especially if talking about constituents. Anonymous stated that he has no relationship to AlamedaAnonymous; he is from San Francisco; quoted State law regarding PRAs; according to State law, the Councilmember is a local agency and is required to produce the requested records; urged the Commission to resolve the ambiguity in favor of public access. Michael Devine, Alameda, stated the term doxing, a criminal act of revealing private information through hacking or other illegal means, should not be used, as it is inflammatory and misleading; the content posted to Nextdoor is not doxing any more than the City releasing the same documents in a prior public records request; because the requestor is anonymous, the source, intent or how information was acquired cannot be questioned; the City should not have produced any documents from the anonymously provided screenshots. Monica Price stated the Sunshine Ordinance requires timely access to public records; pointed out key considerations of the City of San Jose case; urged the Commission to broadly construe that City employees using personal accounts to conduct City business are public records. Meeting of the Open Government Commission December 6, 2021 6 | OpenGovernmentCommission/2021-12-06.pdf |