pages: OpenGovernmentCommission/2021-12-06.pdf, 9
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OpenGovernmentCommission | 2021-12-06 | 9 | mechanics and administration of complaints starts with the City Clerk's office; the Clerk's office is the recipient of the initial complaint and informs the City Attorney's office immediately about it. The City Clerk stated upon receipt of the complaint, she reached out to the Complainant to see if the matter could be resolved outside of bringing it before the Commission; she was not aware of any jurisdictional issues and was not told not to put it on the agenda; apologized if it was an error on her part. Chair Tilos inquired who would make the determination as to whether or not there are jurisdictional issues and what is the process. The City Clerk responded if it were 15 days after a meeting occurred, she would be very clear on the date; she was not looking for a date since the Complainant had not received a response. Commissioner Montgomery moved approval of dismissing the complaint based on jurisdictional grounds because of the timing. Chair Tilos stated he would like to make a friendly amendment to the motion to include that the Commission informally address that a violation did occur with regard to timing; no response within 10 days. Vice Chair LoPilato made another friendly amendment to Chair Tilos's amendment to include a factual finding that a violation did occur based on the undisputed statements of the parties and also include a recommendation for informal resolution of complaints regarding PRA requests to which no response was given; the City should consider automatically tolling the statute of limitations for PRA related complaints until the time in which an eventual response to the request is actually provided to the requestor to allow sufficient time for informal resolution. In response to Commissioner Montgomery's requests for a summary of the amendments, Chair Tilos stated that he concurs with Vice Chair LoPilato's amendments minus the recommendation. Vice Chair LoPilato accepted Chair Tilos's reasoning; stated the recommendation could be included in an implementation report if the Commission is more comfortable with doing so. Commissioner Montgomery accepted the friendly amendments. Chair Tilos 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. *** Meeting of the Open Government Commission December 6, 2021 9 | OpenGovernmentCommission/2021-12-06.pdf |