Title
Minutes of the October 19, 2022 Meeting
Body
MINUTES OF THE OPEN GOVERNMENT COMMISSION MEETING
MONDAY - - - OCTOBER 17, 2022 - - - 7:00 P.M.
Chair LoPilato convened the meeting at 7:00 p.m.
ROLL CALL - Present: Commissioners Cambra, Chen, Montgomery, Tilos and Chair LoPilato - 5. [Note: The meeting was conducted via Zoom.]
Absent: None.
[Staff present: Chief Assistant City Attorney Elizabeth Mackenzie; City Clerk Lara Weisiger]
NON-AGENDA PUBLIC COMMENT
None.
COMPLAINT HEARINGS
None.
REGULAR AGENDA ITEMS
4-A Minutes of the September 19, 2022 Meeting
Commissioner Tilos made a minor typographical correction and moved approval of minutes with the correction.
Commissioner Montgomery seconded the motion, which carried by the following roll call vote: Commissioners Cambra: Aye; Chen: Aye; Montgomery: Aye; Tilos: Aye; and Chair LoPilato: Aye. Ayes: 5.
4-B. Amend the Sunshine Ordinance Complaint Procedures, including Clarification of Unfounded and the Pre-Hearing Process
The City Clerk briefly introduced the item and Chair LoPilato made brief comments.
Commissioner Cambra stated the Commission has more opportunities to make refined decisions as opposed to either sustaining or denying as unfounded, which has resolved so much of the issue that he does not see it as significant at this time; it is important to discuss for a couple of reasons; first, it goes to the credibility of the Commission in that decisions are impartial and objective, even when hearing a complaint that involves a sensitive underlying issue; the Commission should be creating predictability and consistency with all of the parties to understand how the Commission arrives at an unfounded decision; one of the reasons that would be appropriate for an unfounded decision is if very clear legal citations are shared with a Complainant and they decide to proceed anyway; another relates to a person's mental capacity; a couple of people mentioned that the Commission might be used as a p...
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