pages: OpenGovernmentCommission/2021-12-06.pdf, 8
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OpenGovernmentCommission | 2021-12-06 | 8 | could include changing the Sunshine Ordinance to provide for additional time or pull the statute of limitations to encourage discussion instead of filing a Complaint; the options would fall in the category of informal resolution; the Commission would have the ability to make informal, non-binding recommendations, even if a portion of the complaint is found to be time-barred. The City Clerk stated the issue occurred before the new system, NextRequest, was in place; the human error of miscommunication cannot happen with NextRequest because everything is documented in the system and nothing can fall through the cracks. Chair Tilos stated it is nice to see improvements happening since there have been a lot of issues with PRAs. Commissioner Chen stated if the City did not respond in the 10 days, it is a de facto violation whether or not anyone complains. Commissioner Montgomery stated according to the rules and regulations, it is not on the Complainant to keep nudging for a response. Vice Chair LoPilato stated, as a point of order, time limits were not written into the procedure for deliberation on Complaints; there is room for flexibility. Chair Tilos concurred with Commissioner Montgomery's comments; stated seeing even one friendly reminder or follow-up with the City may have avoided the complaint and hearing. Commissioner Chen moved approval of sustaining the Complaint without a Cure and Correct since the City has a cure with the new software. In response to Commissioner Chen's motion, Vice Chair LoPilato stated that she is struggling with the fact that there is a statute of limitations in the Sunshine Ordinance; she does not like it, especially with regard to PRAs; the Commission should frame whatever decision is made with some acknowledgement of the statute of limitations. The Chief Assistant City Attorney stated the Sunshine Ordinance is complaint driven and violations are found after being raised by a complaint; the Commissioners should be aware and guided by the statute in this case; because the City has forcefully raised the statute of limitations argument, she highly urges the Commission to figure out a way to address the statute of limitations and to marry it with the facts for the decision; years from now, people may wonder how a complaint that was brought up five plus months after it ripened into a complaint was able to be heard by the Commission; if the Commission is inclined to find a violation, the statute of limitations should be addressed. Commissioner Chen withdrew her motion. In response to Chair Tilos's inquiry, the Chief Assistant City Attorney stated the Meeting of the Open Government Commission December 6, 2021 8 | OpenGovernmentCommission/2021-12-06.pdf |