Ordinance 2014-03ORDINANCE NO. 2014-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING VARIOUS PROVISIONS OF
CHAPTER 17A OF THE CITY CODE ENTITLED "PUBLIC
MEETINGS AND PUBLIC RECORDS"
WHEREAS, in 2008 the City of Gilroy ( "City ") City Council adopted the City's Open
Government Ordinance, which is codified in Chapter 17A of the City Code and entitled "Public
Meetings and Public Records "; and
WHEREAS, various sections of the ordinance require edits and corrections to provide for
more continuity between sections as well as to recognize specific actions originally identified
within the ordinance which have now been completed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Chapter 17A, Article II, section 17A.15 of the Gilroy City Code is hereby repealed in its
entirety and a new section 17A.15 is added to read as follows:
"17A.15 Tape recording, filming and still photography"
(a) Any person attending an open and public meeting of a policy body shall have the right
to record the proceedings with an audio or video recorder or a still or motion picture camera, or
to broadcast the proceedings, in the absence of a reasonable finding of the policy body that the
recording or broadcast cannot continue due to its noise, illumination or obstruction of view as to
constitute a persistent disruption of the proceedings.
(b) The city council and planning commission shall video record each meeting. All other
policy bodies shall audio record each meeting. Each such video and audio recording, and any
video recording made at the direction of the policy body shall be a public record subject to
inspection pursuant to the California Public Records Act (Government Code Section 6250 et
seq.),. The video recording of all regular meetings of the city council and planning commission
shall within one week of the meeting be made available by webcast on the city's website and
shall remain on the city's website for a period of at least ten (10) years from the meeting. The
audio and video record of all meetings under this section shall be kept for at least twenty (20)
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years. Audio records of all policy body meetings shall be provided upon request and payment for
the actual cost of the duplicated recording. Requests shall be made through the city clerk.
Chapter 17A, Article III, section 17A.20 (b) and (c) of the Gilroy City Code is hereby
repealed in its entirety and a new section 17A.20 (b) and (c) is added to read as follows:
(b) A department head shall, as soon as possible and within ten (10) calendar days
following receipt of a request for inspection or copy of a public record, comply with such request
unless the voluminous nature of the information requested, its location in a remote storage
facility or the need to consult with legal counsel warrants an extension of ten (10) calendar days
as provided in Government Code Section 6253 (c). Such request may be delivered to the office
of the department head by the requester orally or in writing by fax, postal delivery, or email. If
the department head believes the record or information requested is not a public record or is
exempt, the department head shall justify withholding any record by demonstrating, in writing as
soon as possible and within ten (10) calendar days following receipt of a request, or following
the extension of ten (10) calendar days as provided in Government Code Section 6253 (c), that
the record in question is exempt under express provisions of this chapter.
(c) A department head shall assist a requester in identifying the existence, form, and
nature of any records or information maintained by, available to, or in the custody of the
department head, whether or not the contents of those records are exempt from disclosure, and
shall, when requested to do so, provide in writing within ten (10) calendar days following receipt
of a request a statement as to the existence, quantity, form and nature of records relating to a
particular subject or questions with enough specificity to enable a requester to identify records in
order to make a request under subsection (b) of this section. A department head, when not in
possession of the record requested, shall assist a requester in directing a request to the proper
office or staff person
Chapter 17A, Article III, section 17A.20 (1) of the Gilroy City Code is hereby repealed in
its entirety.
Chapter 17A, Article IV, section 17A.25 of the Gilroy City Code is hereby repealed in its
entirety and a new section 17A.25 is added to read as follows:
"17A.25 Immediacy of response"
Notwithstanding the ten (10) calendar day period for response to a request permitted in
Government Code Section 6253, a request for a public record described in any nonexempt
category which is received by a department head shall be satisfied no later than the close of
business on the day following the request unless the department head advises the requester in
writing that the request will be answered by a specific future date. The statutory deadlines are
appropriate for more extensive or demanding requests, but shall not be used to delay fulfilling a
simple, routine or otherwise readily answerable request. If the voluminous nature of the
information requested, its location in a remote storage facility or the need to consult with legal
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counsel warrants an extension of ten (10) calendar days as provided in Government Code Section
6253 (c), the requester shall be noticed as required within ten (10) business days of the request.
Nothing in this section shall prohibit the requester and department head or his/her designee from
agreeing to a longer time than provided for herein for the provision of requested records. Any
such mutual agreement shall be in writing and signed by the requester
Chapter 17A, Article IV, section 17A.30 of the Gilroy City Code is hereby repealed in its
entirety and a new section 17A.30 is added to read as follows:
"17A.30 Index to records"
The city shall maintain a public records index that identifies the types of information and
documents maintained by the city and its departments, agencies, task forces, commissions, and
elected officers. The index shall be for the use of city officials, staff and the general public, and
shall be organized to permit a general understanding of the types of information maintained, by
which officials and departments, for which purposes and for what periods of retention, and under
what manner of organization for accessing, e.g., by reference to a name, a date, a proceeding or
project, or some other referencing system. The index need not be in such detail as to identify
files or records concerning a specific person, transaction or other event, but shall clearly indicate
where and how records of that type are kept. The city clerk shall be responsible for the
preparation of this records index. Each department, agency, commission and public official shall
cooperate with the city clerk to identify the types of records it maintains, including those
documents created by the entity and those documents received in the ordinary course of business
and the types of requests that are regularly received. Each department, agency, commission and
public official is encouraged to solicit and encourage public participation to develop a
meaningful records index. The index shall clearly and meaningfully describe, with as much
specificity as practicable, the individual types of records that are prepared or maintained by each
department, agency, commission or public official of the city. The index shall be sufficient to aid
the public in making an inquiry or a request to inspect. Any changes in the department, agency,
commission or public official's practices or procedures affecting the accuracy of the information
provided to the city clerk shall be recorded by the city clerk on a periodic basis so as to maintain
the integrity and accuracy of the index. The index shall be continuously maintained on the city's
website and made available at the Gilroy Library.
Chapter 17A, Article IV, section 17A.34 of the Gilroy City Code is hereby repealed in its
entirety and a new section 17A.34 is added to read as follows:
"17A.34 Review of FPPC Statement of Economic Interests"
(a) During the annual filing period as required by California Code Section 87500, the city
clerk as filing officer shall conduct a prima facie review of all FPPC statement of economic
interests filings of all officials required to file under California Government Code Section 87200,
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and all designated employees required to file under the city's conflict of interest code.. The city
administrator shall review the filing submitted by the city clerk.
(b) Not later than April 15th of each year the city clerk shall publish all statement of
economic interests filings onto the city's official website. The city clerk shall also maintain on
the city's website all prior years' filings of sitting city council members, the mayor, the city
administrator, and the city attorney and members of the planning commission so that these
required disclosures are readily available to the public for inspection.
Chapter 17A, Article IV, section 17A.37 of the Gilroy City Code is hereby repealed in its
entirety and a new section 17A.37 is added to read as follows:
"17A.37 Department head declaration and training"
All city department heads and all management employees, all policy body
members, and all employees and officials who are required to file a statement of economic
interests required by Government Code Section 87200 and the city's conflict of interest code
shall sign an affidavit or declaration stating under penalty of perjury that they have read the
open government ordinance and have taken training on the open government ordinance within
the first sixty (60) days of appointment or election. Training shall be taken each two years
thereafter. The affidavit or declarations shall be maintained by the city clerk and shall be
available as a public record. Training shall be provided by the city attorney's office.
SECTION II
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.
SECTION III
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (30) days from and after the date of its adoption.
PASSED AND ADOPTED this 7th day of April, 2014 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO,
LEROE- MUNOZ, TUCKER, WOODWARD and GAGE
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NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
" f I Tar0000,
Donald Gage, Mayor
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