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10/22/2012 Open Government Commission Regular Meeting Adopted 02/28/2013 Open Government Commission Meeting Minutes 10-22-2012 -1- GILROY OPEN GOVERNMENT COMMISSION REGULAR MEETING MINUTES OCTOBER 22, 2012 I. OPENING A. Call to Order and Roll Call Chairperson Pinheiro called the meeting to order at 6:30 p.m. Roll Call Present: Commissioner Dion Bracco, Commissioner Peter Leroe-Muñoz and Chairperson Al Pinheiro II. PRESENTATIONS TO THE OPEN GOVERNMENT COMMISSION A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE COMMISSION There were no public comments. III. CONSENT CALENDAR A. Approval of the Minutes of July 12, 2012 Motion on Item III.A. Motion was made by Commissioner Leroe-Muñoz, seconded by Commissioner Bracco and carried 3-0 to approve the Consent Calendar IV. UNFINISHED BUSINESS There was none. V. NEW BUSINESS A. Quarterly Review of Public Records Requests Per Gilroy Code Section 17A.35 The item was introduced by Human Resources Director McPhillips. There were no public comments. Motion on Item V.A. Motion was made by Commissioner Leroe-Muñoz, seconded by Commissioner Bracco and carried to approve Item V.A. Open Government Commission Meeting Minutes 10-22-2012 -2- B. Procedure for the Transfer of Public Officials Public Records When Leaving Office - Gilroy City Code Section 17A.20 (i) Mayor Pinheiro explained that he had asked City Clerk Freels t o address the issue as he was leaving office at the end of November, and wished to have a procedure in place on the process of transferring records as identified in the Open Government Ordinance. The staff report was presented by Acting City Attorney Fabe r, explaining that records were to be maintained by the City Clerk once an official’s term expired, and he went on to speak on the disposition of duplicates, and adopted city records retention policy. Commissioner Leroe-Muñoz asked where emailed correspondence with the public would fall within the procedure. Acting City Attorney Faber explained that they were public documents and would be maintained by the City, if sent to a public official in their official capacity. City Clerk Freels explained that email correspondence was maintained on the city server and held a retention period of 2 years. Chairperson Pinheiro spoke on the inventory of his city hall office records conducted by the City Clerk’s Office, which identified the type and retention of all of his records. City Clerk Freels explained that the Mayor’s office had been fully inventoried and all records were identified within the city records retention policy, explaining that the transfer of some of the documents would take place to the incoming Mayor, and many of the records were duplicates and could be disposed of. There were no public comments. There was a discussion of the need to follow the prescribed procedure as presented by the City Attorney’s office. VI. CITY ADMINISTRATOR'S REPORTS There was none. VII. CITY ATTORNEY'S REPORTS Acting City Attorney Faber spoke on the recent State bill which included a stay on the Brown Act, and reminded the Commission that the City would take the position to follow the Gilroy Open Government Ordinance with regards to open meetings. VIII. CITY CLERK’S REPORTS There was none. Open Government Commission Meeting Minutes 10-22-2012 -3- IX. REPORTS OF COMMISSION MEMBERS Chairperson Pinheiro explained that the next meeting would be set once the new Commissioners were seated in January, 2013. ADJOURNMENT The Commission adjourned at 6:45 p.m. ____________________________ /s/ /s/ SHAWNA FREELS, MMC City Clerk