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OpenGovernmentCommission/2015-02-02.pdf,19 | OpenGovernmentCommission | 2015-02-02 | 19 | The Commissioners expressed support. The Assistant City Attorney stated Section 7 on Video Recording has been revised to add "for at least 10 years" to put the requirement in writing; the City Clerk indicated that videos are probably held longer. Commissioner Dieter stated the previous Commissioners thought that the reference to years should be left out altogether because it is not an issue; the matter could be brought back if it ever becomes an issue; suggested leaving out the references to the time frame at all because it is not a storage issue; questioned why even raise a flag that after 10 years maybe the City will get rid of it. Commissioner Bonta stated the issue was that there was unlimited storage capacity but there could be other reasons. Commissioner Dieter stated the City Clerk indicated everything is kept and capacity is not an issue. Commissioner Bonta stated adding a timeframe makes sense to give guidance about what the limitations should be; there might be a different driver beyond storage capacity. Commissioner Dieter inquired how would the public know if they want to look at something over 10 years ago that the City might have decided to get rid of that information because the Sunshine Ordinance says that the City only had to keep it for at least 10 years. Commissioner Bonta responded that is exactly what the City would want; stated the City would want the public to have some indication about the requirements to store the information for at least 10 years; the fact that there is information beyond that available perhaps is another articulation; it does not make it lower. Commissioner Dieter inquired what is the purpose of including it, to which the Assistant City Attorney responded that he recalled that there was a 10 year period. The City Clerk stated 10 years was included and is being expanded to at least 10 years because the City is going beyond it; "at least" was clearing up that it was going to go beyond; right now, the City currently has nine years of video posted on the web; starting next … | OpenGovernmentCommission/2015-02-02.pdf |
OpenGovernmentCommission/2018-03-05.pdf,19 | OpenGovernmentCommission | 2018-03-05 | 19 | The agenda for this meeting was posted in accordance with the Sunshine Ordinance. Meeting of the Open Government Commission 19 March 5, 2018 | OpenGovernmentCommission/2018-03-05.pdf |
OpenGovernmentCommission/2021-02-01.pdf,19 | OpenGovernmentCommission | 2021-02-01 | 19 | Sunshine Ordinance until someone told her about the OGC; it is important to get people more involved and more engaged; it would be fantastic to be open government ambassadors to everyone; there may not be agreement on every opinion that comes up, but that is what makes a democracy. Commissioner LoPilato stated that she concurs with Commissioner Chen's comments; getting information out to the community is a core reason that she is interested in serving on the Commission; thanked the City Attorney's office for being patient in doing all the homework assignments; stated a work plan should include all the things the Commission wants to get done; she is excited about putting together any training opportunities; she loves training volunteers on advocating in a legislative space; giving people information in a way they can digest and use to be more engaged in the government is really worthwhile for the Commission; the Commission should create opportunities for public education and training; establishing a cadence for when certain topics come up in meetings is something the Commission should explore; thanked all the Commissioners for a robust discussion. Adjournment Chair Tilos adjourned the meeting at 10:47 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance. Meeting of the Open Government Commission February 2, 2021 19 | OpenGovernmentCommission/2021-02-01.pdf |
OpenGovernmentCommission/2021-03-01.pdf,19 | OpenGovernmentCommission | 2021-03-01 | 19 | arguments on each side. Commissioner LoPilato stated Commissioner Chen's phrase "outside the scope of the OGC" is spot on; that is the primary place she lands on the issue; all the facts inform the decision, but looking at the scope is very important; one of the significant things is there is nothing in the ordinance that gives the Commission power to re-write the ordinance or recommend re-writing the ordinance in response to a Sunshine Ordinance complaint; this seems more like a request to avoid future harm rather than a complaint about an action that was taken; the request has gone to staff and City Council where it belongs; she concurs with Commissioner Chen that perhaps, in some separate capacity outside of the complaint, if there ever is a collaborative review of the ordinance, the OGC could be the institutional knowledge about the definition of ad hoc; as it is right now, there is an ad hoc exception in the ordinance, that is what the OGC is charged to review; she wants to be careful not to overstep the authority granted to the Commission by delving into case law and legal analysis; it is not appropriate for the Commission to research case law, particularly since at the outset, the Commission does not have access to the ability to do their own research; cautioned against having legal citations in any written decision; stated the OGC is allowed to be the regulatory body of the Sunshine Ordinance; when looking at the ordinance, not just the academic question of whether it is in conflict with the Brown Act, there is the ad hoc exception; there is no dispute that this was an ad hoc committee; when the language in the Brown Act is looked at separately, the choice to find the complaint unfounded still holds up; she does not think the Commission even needs to get there; she worries that engaging in discussion that involve interpreting case law or complaints that involve lengthy legal analysis would create a chilling effect on those willing to serve on the OGC; a person should not have to be an attorney to be on th… | OpenGovernmentCommission/2021-03-01.pdf |
OpenGovernmentCommission/2021-04-05.pdf,19 | OpenGovernmentCommission | 2021-04-05 | 19 | Chair Tilos responded questions and comments only at this time, inquired whether Commissioner Reid had questions for Mr. Garfinkle or Ms. Rogers. Commissioner Reid responded she would hold her questions for now. Commissioner LoPilato stated her understanding of the procedure; inquired whether Mr. Garfinkle verified that Mr. Hofer is a registered lobbyist or if he was just using the term in reference that he was part of a non-profit organization. Mr. Garfinkle responded that he drafted the resolution and presented it to several cities; whether or not he is a registered lobbyist is not the issue; he is acting as a lobbyist and is not a random member of the Alameda community. Commissioner LoPilato inquired whether Mr. Garfinkle was speaking on behalf a group of citizens when using the word "our" in presentation materials, to which Mr. Garfinkle responded it is editorial. Commissioner LoPilato inquired whether the legislative agenda is typically done as a consent calendar item, to which the City Clerk responded in the affirmative; stated it is on the consent calendar every year. Commissioner Reid inquired a definition of what items are allowed to be on the Consent Calendar. The City Clerk responded items that are considered routine. Commissioner Reid inquired whether it could be said that non-controversial items can be on the Consent Calendar. The City Clerk responded she would not make that statement because some people might find spending money on a vehicle controversial and some people might not. Commissioner Reid stated she found the definition in Robert's Rules and just wondered if it aligned with Alameda's policy for its Consent Calendar. The City Clerk stated if there was an item that would bring out the public, it would be definitely placed on the Regular Agenda. Ms. Rogers further clarified that Council or a member of the public could pull an item off the February 16, 2021 Consent Calendar for discussion and had opportunity to do so during the Council meeting. Mr. Garfinkle stated he has issues with the use … | OpenGovernmentCommission/2021-04-05.pdf |
OpenGovernmentCommission/2021-05-03.pdf,19 | OpenGovernmentCommission | 2021-05-03 | 19 | problems encountered in the administration of the Sunshine Ordinance. Commissioner Chen seconded the motion. Under discussion, Commissioner Reid stated that she also wanted to volunteer to work with Commissioner Chen. On the call for the question, the motion carried by the following roll call vote: Commissioners Chen: Aye; LoPilato: Aye; Reid: No; Shabazz: Aye; Chair Tilos: Aye. Ayes: 4. Noes: 1. Chair Tilos inquired whether the Commission wants to meet in June. Commissioner Chen responded she has a lot of election work to do. Vice Chair Shabazz stated maybe July or August. Chair Tilos stated there will be no meeting in June unless a complaint is filed. *** Vice Chair Shabazz moved approval of continuing the meeting an extra five minutes past 11:00 pm. Commissioner LoPilato seconded the motion, which carried by the following roll call vote: Commissioners Chen: Aye; LoPilato: Aye; Reid: No; Shabazz: Aye; Chair Tilos: Aye. Ayes: 4. Noes: 1. *** Vice Chair Shabazz stated Commissioner LoPilato expressed interest in a bylaws subcommittee. Commissioner LoPilato moved approval of appointing herself to serve on a subcommittee to review the bylaws. Commissioner Shabazz seconded the motion, which carried by the following roll call vote: Commissioners Chen: Aye; LoPilato: Aye; Reid: Abstain; Shabazz: Aye; Chair Tilos: Aye. Ayes: 4. Abstention: 1. 4-C. Consider Proposal to Amend the Sunshine Ordinance and Consider Other Discussion Items. (Commission Reid) Not heard. *** Vice Chair Shabazz stated that he wanted to echo the comments made by Commissioner Meeting of the Open Government Commission May 3, 2021 19 | OpenGovernmentCommission/2021-05-03.pdf |
OpenGovernmentCommission/2021-07-19.pdf,19 | OpenGovernmentCommission | 2021-07-19 | 19 | to give specific guidance; it can be packaged all at once, using the existing language and being mindful of tone. Chair Tilos concurred with Commissioner LoPilato; stated the letter could be written asking for consideration of the two points; the letter will be drafted and sent to Council prior to their September meeting. Vice Chair Shabazz stated as a point of order, contrary to Commissioner Chen's comment, the Governor's order ends in September, 2021; it is important to get the conversation to the City Council prior to that. The City Clerk confirmed that the Governor's order ends September 30, 2021. Commissioner Chen inquired whether the 2023 date in the resolution is incorrect, to which Commissioner LoPilato responded the date references the Bill and not the Governor's order. Vice Chair Shabazz and Chair Tilos stated they will write the letters. 4-E. Consider Communication regarding Sunshine Ordinance Complaint Form and Procedure (Commissioner LoPilato) Commissioner LoPilato made brief comments. In response to Commissioner LoPilato's inquiry, Chair Tilos stated the issue seems a little heftier and could be an agenda item. Commissioner LoPilato stated it would make sense for the Commission to agree to form a subcommittee to revise the complaint procedures; then, what the Chief Assistant City Attorney wants to share could be discussed; she wants a general thumbs up or down on the items outlined. Chair Tilos stated the Commission should also discuss whether the OGC will still be the ones taking the complaints after Council's suggestion of just having a hearing officer. Commissioner LoPilato stated it was not Council's suggestion; it was the City Attorney's suggestion, which Council rejected. The Chief Assistant City Attorney stated the discussion of a hearing officer has not been agendized and it is a significant enough topic that it should be properly agendized. In response to Commissioner LoPilato's inquiry, Chair Tilos stated it does make sense for the Chief Assistant City Attorney to present to the public wha… | OpenGovernmentCommission/2021-07-19.pdf |
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