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Consider Directing Staff to: 1) Obtain All Emails Sent to apdreforms@gmail.com; 2) Create Protocols for the Website, Email and Social Media; and 3) Provide Training to All Employees who Post on the Website or Social Media or Staff City Bodies. (Councilmember Herrera Spencer)
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COUNCIL REFERRAL FORM
The Council can take any of the following actions:
1) Take no action.
2) Refer the matter to staff to schedule as a future City Council agenda item.
3) Take dispositive action if sufficiently noticed such that the public and Council have been provided sufficient information by the published agenda, and no formal published notice of a public hearing is required.
Name of Councilmember requesting referral: Councilmember Herrera Spencer
Date of submission to City Clerk (must be submitted before 5:00 p.m. on the Monday two weeks before the Council meeting requested): 3/22/2021
Council Meeting date: 4/6/2021
Brief description of the subject to be printed on the agenda, sufficient to inform the City Council and public of the nature of the referral:
On March 11, 2021, I made the following California Public Records Act request to the City:
"On the City’s website @ https://www.alamedaca.gov/RESIDENTS/Police-Reform-and-Racial-Equity, under "Contact us" is the email apdreforms@gmail.com.
1. I'd like the names of all people who have had access to that email from the date it was created to date.
2. When was it created?
3. Who created that account?
4. Why was it a Gmail account and not an Alamedaca.gov email?
5. What safeguards were created to ensure that all emails to and from that account were protected by the City as public records?
6. I'd like copies of all emails to and from that email, from the date the email was created to date (including through the date that this request is responded to)."
On March 15, 2021, the City Manager responded:
"1. It is a private e-mail, so City staff did not have access to the e-mail.
2. I believe it was created in August 2020. I don't have exact date.
3. It was created by a non-staff individual who is on the Police Reform Committee to better track information.
4. I am not aware that we have created government e-mails typically for committee appointees. I am aware a couple of Commissions/Boards that have City e-mails, but primarily volunteer appointees maintain their own e-mail.
5. Since this was not City e-mail we didn't have specifics on this. We kept our regular safeguards on all City staff e-mails regarding this issue.
6. I will forward this request. We have another request that came in last week also."
Today, March 22, 2021, 10 days after my request, the City responded, "the City and the Steering Committee are continuing discussions to reach a resolution. Once a resolution has been reached, I will let you know the resolution," and to date no emails have been produced.
Thus, to date, it appears that the City Manager's Police Reform Steering Committee, or members thereof, are refusing to cooperate with the City to have access to the apdreforms@gmail.com emails, thus obstructing the City's ability to comply with the CA Public Records Act to produce and retain said City records. Also, the issue of police reform is still pending before City Council. Thus, Council and the public are being denied access to these relevant public records.
I request Council direct the City Manager to:
1. Obtain all apdreforms@gmail.com emails (including those which may have been deleted) from his Police Reform Steering Committee for the City to retain, and produce to California Public Records Act requests as deemed appropriate.
2. Create City website, email, and social media protocols complying with California State laws and best practices to ensure incidents like this are prevented and do not reoccur.
3. Provide sufficient training to all City employees who post on the City's website or social media and/or who work with the public on City bodies (Commissions, Committees, etc.) regardless of how they are formed in order to comply with California State laws and best practices.
Priority Ranking:
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↑ Urgent |
2 |
3 |
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1 |
4 |
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Important → |
____ 1 = Not urgent, not important
____ 2 = Urgent, not important
__X_ 3 = Urgent and important
____ 4 = Not urgent, important
Exhibit 1 - Screenshots of City Website