pages: OpenGovernmentCommission/2022-01-11.pdf, 7
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OpenGovernmentCommission | 2022-01-11 | 7 | complainant did not contact anyone, they could just skip a section; the recommended solutions would work. In response to Vice Chair LoPilato's inquiry, the City Clerk stated a paper form will still be available; the paper form would match the revised online form; everything would be exactly the same whether it was obtained online or hard copy; based on the trends, she highly doubts there will be many paper form submissions. Vice Chair LoPilato inquired whether there is a word or character limit in the Describe Alleged Violation field, to which the City Clerk responded in the negative. Vice Chair LoPilato inquired whether the language regarding submitting "all evidence supporting the complaint at the time of filing" could be revised to be more flexible to allow complainants to provide information up to, and during, the hearing. The Chief Assistant City Attorney responded confusion arises from the actual text of the statute; the language is not entirely clear, but very suggestive that all evidence the complainant will be relying upon will be included as part of the complaint; however, further on in Section 2-93.2, the language states that during the hearing, the Commission will provide the parties with a chance to present evidence and make arguments; in practice and in the new complaint procedure, the Commissioners have made it clear that they would want to hear and consider any evidence the complainant may bring up at the hearing and do not want to put up any barriers for complainants to put their best foot forward; one option is the entire sentence could be simplified to say: "Please attach relevant documents" or "you are not required to submit evidence, but any evidence would be helpful" and provide a link to the complaint procedures; she recommends a very basic revision with the language: "attach relevant documents" and end it there. The City Clerk suggested the language "evidence supporting your complaint should be submitted at the time of filing; during the hearing, the Commission will provide the parties with an opportunity to present evidence and make arguments.' Chair Tilos stated that he is leaning more toward the simple path of "please attach relevant documents/evidence;" staff could inform the complainant about the other opportunities to present documents; it does not need to be on the form. Commissioner Chen stated that since used the paper form when filing her complaint, she had the impression that she could present more evidence at the hearing; she does not want the form to dissuade a complainant from being able to add to their arguments. The City Clerk noted the old form included the language: "Please attach all relevant documentation supporting your complaint. Documentation is required. Commissioner Montgomery stated there definitely needs to be some language about submitting any evidence that the complainant now has; she fears that on the day of the hearing, the Commission gets swamped with pages of late material; a statement on the Meeting of the Open Government Commission January 11, 2022 7 | OpenGovernmentCommission/2022-01-11.pdf |