Title
Accept the Annual Public Report and Report Concerning Responses to Public Records Act Requests Referred to the City Attorney’s Office in 2019
Body
To: Chair Schwartz and Members of the Open Government Commission
From: Yibin Shen, City Attorney
Michael Roush, Chief Assistant City Attorney
Summary
The Sunshine Ordinance provides that the Open Government Commission is to 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 2019, there were two complaints alleging violations of the Ordinance, both of which were sustained. A draft Annual Public Report is attached. In addition, the Commission has requested a report concerning responses to Public Records Act requests that were referred to the City Attorney’s Office in 2019. That report (spreadsheet) is also 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. In 2019, because of concerns that requests to Public Records Act requests were not being responded to in a timely fashion, the Commission requested a report that would show data concerning such requests and the timing of the responses.
Discussion
A. Annual Public Report
During 2019, there were two complaints alleging violations of the Ordinance. One complaint alleged that a City Council agenda description did not adequately inform the general public of the nature of the action that was before the Council. The relief requested was that the agenda item be re-noticed with a more clear agenda title. The Commission sustained that complaint and directed that the item be re-noticed with a more clear agenda title. The other complaint alleged that the City Attorney’s Office had not responded timely to a request for public records. No specific relief was requested in that the complainant had received a response to the request. The Commission also sustained that complaint and requested that it be provided at its annual meeting a report that shows the number of Public Records Act requests received by, or referred to, the City Attorney’s Office, whether records were produced in response thereto, and the timing of such responses. All records pertaining to both matters are on file with the City Clerk’s Office.
B. Report Concerning Responses to Public Records Act Requests
For 2019, the City Attorney’s Office has prepared a report, in spreadsheet form, showing who made the request, the nature of the request, date the request received, date the request was sent to the City Attorney’s Office, the date the request was acknowledged, the date the responses/documents were provided to the requestor, the number of days between the date the request was received by the City Attorney’s Office and the date of the response, the number of pages reviewed, the number of pages produced, and a brief explanation why the number of pages reviewed and the number of pages produced might not match, for example, some documents were privileged, ongoing investigation, etc.
The data from January 1, 2019 through August 12, 2019 had been provided to the Commission in December 2019 but is provided again on the attached spreadsheet, along with the other requests and responses between August 12, 2019 and December 31, 2019. All the responses since August 12, 2019 have been timely.
If the Commission has any questions concerning the spreadsheet, City staff will be present to respond.
Recommendation
Staff recommends the Commission accept the attached Annual Public Report and the Report concerning responses to Public Records Act requests referred to the City Attorney’s Office in 2019.
Respectfully submitted,
Yibin Shen, City Attorney
Michael Roush, Chief Assistant City Attorney
Exhibits:
1. Annual Report
2. Records Requests Responses