Title
Accept the Annual Public Report
Body
To: Chair Henneberry and Members of the Open Government Commission
From: Yibin Shen, City Attorney
Michael Roush, Assistant City Attorney
Title: Accept the Annual Public Report
Summary
The Sunshine Ordinance provides that the Open Government Commission prepare an Annual Public Report to be placed on the City’s website of alleged violations of the Ordinance brought to the attention of the Commission during the previous calendar year and the disposition thereof. In 2018, there were two complaints alleging violations of the Ordinance, one of which was withdrawn before it was heard by the Commission. A draft Annual Public Report is attached.
Background
Section 2-93.6 of the Sunshine Ordinance provides the Open Government Commission shall prepare an Annual Public Report to be placed on the City’s website and made generally available in printed form of alleged violations of the Sunshine Ordinance brought to the attention of the Commission in the previous calendar year. The Report is to identify the nature of the alleged violation, the relief sought, the disposition thereof and the location of all records relevant to the violation.
Discussion
During 2018, there were two complaints alleging violations of the Ordinance. One was withdrawn, however, so only one violation was brought to the attention of the Commission. The complaint that was withdrawn alleged that the Police Department had refused to produce certain personnel records in response to a Public Records Act request. The complaint was withdrawn following discussions with the complainant’s attorney that led to a resolution of the matter. The other complaint was that City Council action on October 16, 2018, concerning the introduction of two ordinances concerning cannabis regulations was not in compliance with the description of the item on the Council’s agenda. The relief sought was to set aside the Council action. The Commission agreed there had been a violation of the Ordinance, sustained the complaint and directed that the two ordinances that had been introduced (and subsequently adopted) be null and void. All records pertaining to both matters are on file with the City Clerk’s Office.
Recommendation
Staff recommends the Commission accept the attached Annual Public Report.
Respectfully submitted,
Yibin Shen, City Attorney
Michael Roush, Assistant City Attorney
Attachment:
1. 2018 Annual Report