Ordinance 2017-03ORDINANCE NO. 2017-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING THE GILROY CITY CODE, CHAPTER 17A,
SECTION 17A.20 (d) AND (e) PERTAINING TO PROCESS FOR
GAINING ACCESS TO PUBLIC RECORDS— ADMINISTRATIVE
APPEALS
WHEREAS, Gilroy City Code, Chapter 17A, Section 17A.20 (d) and (e), part of the City's
Open Government Ordinance ( "OGO "), specifies the process by which a person may petition to the
City Administrator and/or the Open Government Commission to appeal a determination regarding that
person's request for public records; and
WHEREAS, since the adoption of the OGO in 2008, there have been very few public records
request petitions made to the City Administrator or the Open Government Commission; and
WHEREAS, the OGO process for public records request petitions, as provided in section
17A.20 (d) and (e), does not include a time limitation for a person to petition to the City Administrator
and/or the Open Government Commission for a determination of whether the record requested is
public; and
WHEREAS, the OGO specifies that petitions for city council member records shall be made
directly to the open government commission, without review by the city administrator, and this
expedited review may lead to confusion rather than convenience for those requesting public records;
and
WHEREAS, on November 17, 2016, the Open Government Commission discussed the OGO
petition process and recommended amendments to section 17A.20 (d) and (e) to include a time
limitations for petitions to 45 days and to amend the timing for the City Administrator's decision to 30
days; and
WHEREAS, on February 6, 2017, the City Council reviewed the Open Government
Commission's recommendations and directed the City Attorney to prepare an ordinance amending
section 17A.20 (d) and (e); and
WHEREAS, the subject ordinance amendment is covered under Section 15061(b)(3) of the
California Environmental Quality Act (CEQA) Guidelines as an activity that can be seen with certainty
to have no possibility for causing a significant effect on the environment.
Now, therefore, the City Council of the City of Gilroy does hereby ordain as follows:
SECTION I
Gilroy City Code, Chapter 17A, Section 17A.20, subsection (d) is hereby amended to read as follows:
(d) If the department head refuses, fails to comply, or incompletely complies with a request
described in subsection (b) of this section, the person making the request may, within forty -five
(45) calendar days of the department head's response or the expiration of the department head's
period to respond if no response is provided, petition the city administrator in writing, and in
the form required by the open government commission, for a determination whether the record
requested is public. The city administrator shall inform the petitioner, as soon as possible and
within thirty (30) calendar days of the petition, of the city administrator's determination
whether the record requested, or any part of the record requested, is public. Where requested by
the petition, and where otherwise desirable, this determination shall be in writing. Upon the
determination by the city administrator that the record is public, the city administrator shall
immediately order the department head to comply with the person's request. If the department
head refuses or fails to comply with any such order within five (5) days, the city administrator
shall notify the city attorney who shall take whatever measures deemed necessary and
appropriate to ensure compliance with the provisions of this chapter.
SECTION II
Gilroy City Code, Chapter 17A, Section 17A.20, subsection (e) is hereby amended to read as follows:
(e) If a petition to the city administrator under subsection (d) is denied or not acted upon by the
city administrator, the person making the request may, within forty -five (45) calendar days of
the city administrator's denial or the expiration of the city administrator's 30 -day period to act
upon the petition, petition the open government commission for a determination whether the
record requested is public. The open government commission shall inform the petitioner, as
soon as possible and within two (2) days after its next meeting but in no case later than forty -
five (45) days from when a petition in writing is received, of its determination whether the
record requested, or any part of the record requested, is public. Where requested by the petition,
and where otherwise desirable, this determination shall be in writing. Upon the determination
that the record is public, the open government commission shall advise the city council as to
whether the record should be public. The city council and the city attorney's office shall
provide sufficient resources to allow the open government commission to fulfill its duties under
this provision. Where requested by the petition, the open government commission may conduct
a public hearing concerning the records request denial. An authorized representative of the
department head shall attend any hearing and explain the basis for its decision to withhold the
record requested.
2
ORDINANCE NO. 2017-03
SECTION III
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, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City Council
hereby declares that it would have passed this Ordinance and each section, subsection, subdivision,
sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses or phrases be declared unconstitutional.
SECTION IV
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 it is adopted.
PASSED AND ADOPTED this 6`h day of March, 2017, by the following roll call vote:
AYES: COUNCILMEMBERS: BRACCO, HARNEY, KLOECKER, LEROE-
MUNOZ, TOVAR and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: TUCKER
APPROVED:
-C!
Rol d Velasco, Mayor
ATTEST:
Freels, City
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2017 -03 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 6d' day of March, 2017, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 7"' day of March, 2017.
City Clerk of the City of Gilroy
(Seal)