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12/12/2013 Open Government Commission Regular Meeting Adopted 03/13/2014 Open Government Commission Meeting Minutes 12/13/2013 -1- GILROY OPEN GOVERNMENT COMMISSION MINUTES December 12, 2013 I. OPENING A. Call to Order and Roll Call Chairperson Woodward called the meeting to order at 6:04 p.m. Roll Call: Present: Commissioner Jack Foley, Commissioner Walter Glines; Chairperson Perry Woodward Absent: Commissioner Robert Esposito; Commissioner Dion Bracco 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 There were no public comments on items not on the agenda. III. CONSENT CALENDAR Approval of the Minutes of September 3, 2013 Motion on Item III.A. Motion was made by Commissioner Glines and carried unanimously to approve the minutes. Commissioners Esposito and Bracco absent. V. UNFINISHED BUSINESS A. View Proposed New Format of the Open Government Ordinance Training Video Public Information Officer Klines presented the video segment. Commissioner Robert Esposito joined the meeting at 6:10 p.m. Open Government Commission Meeting Minutes 12/13/2013 -2- The Commission held a discussion on the timing of rolling out the new training video, sharing their support of the new format. City Administrator Haglund spoke on the process of creating the video training in house. City Clerk Freels spoke on the goal of filming the training in segments to better train those Policy Bodies and staff required to take the training and shared the idea of including a question and answer piece at the end of each segment to reinforce the essentials of the training segment. The Commissioners spoke on the goal of providing the training to fill the need of all people required to take it to allow them to better understand the ordinance and the idea of providing a public training piece on the website to better acquaint members of the public in general. City Clerk Freels spoke on the handout material that could be provided with the video training. Chairperson Woodward spoke on the agenda language required on all Policy Body agendas with regards to the Open Government Commission. The Commission spoke on utilizing the Youth Commission to help educate youth members of the community on the ordinance, including local schools and the junior college. Commissioner Glines offered to be the liaison with Gavilan College to help to promote the training. B. Staff Proposed Amendments to Gilroy City Code Section 17A. “Gilroy Open Government Ordinance” City Clerk Freels presented the item sharing the amendments presented in the ordinance as described during the previous meeting. She spoke on the goal of cleaning-up those items that were simple edits, or conflicting within the ordinance and described the idea of fully describing more accurately the FPPC filing procedures and internal processes. She then spoke on the goal of tying sections 17A.20 and 17A.25 with regards to public records requests response times to remove conflicting timing and provide for a 10 day initial response time with the 10 day extension, continuing the same quicker response timing of 4 days less than the California Public Records Act. She then suggested that all Policy Bodies be required to take the Open Government Commission training. Chairperson Woodward suggested that all new employees and Policy Body members take their initial training and then take the training each 2 years thereafter. Open Government Commission Meeting Minutes 12/13/2013 -3- The Commission discussed the idea suggesting that the training be taken within 60 days of appointment or election and 2 years thereafter, making recommendation to amend the ordinance revisions to include this change. There were no public comments. Commissioner Foley spoke on the use of “may” throughout the ordinance asking if the language in section 17A.5 (b) should be amended to “shall” as it was currently a discretionary process. City Administrator Haglund stated that staff was very consistent about posting all staff reports available when the preliminary agenda was published. The Commission held a discussion of the use of “shall” verses “may” with Chairperson Woodward explaining that there was much discussion on the issue while the ordinance was going through the adoption process. Commissioner Esposito offered to present the changes to the Council. Motion on Item V.B. Motion was made by Commissioner Foley and carried Unanimously to Direct Staff to Prepare the recommended Amendments to Gilroy City Code Section 17A. to the City Council, with the additional changes to the training section. Commissioner Bracco absent. C. City Attorney Analysis of Imposing Additional Limitations to Public Records Response Times for Commercial Interests City Attorney Callon presented the item explaining that there was no particular way under state law to impose limitations on businesses as the law was very precise in describing person’s. There were no public comments D. Update on Appeal of Superior Court Ruling, etc., Smith v City of San Jose, City Councilmembers, et al The staff report was presented by City Attorney Callon wherein she explained that the City Attorney’s office would revisit the item with the Commission when more information was available to be provided. Commissioner Glines shared his concerns with allowing policy body members the ability to text or have other electronic communications during meetings. City Clerk Freels and City Attorney Callon spoke on the city adopted policy which prohibited electronic communications other than emergency communications during Open Government Commission Meeting Minutes 12/13/2013 -4- open public meetings subject to the Brown Act. City Attorney Callon then spoke on the discussion of ex parte communicati ons for Council and Planning Commissioners. Chairperson Woodward suggested bringing the item back to the Commission when there were any further court actions. There were no public comments. VI. NEW BUSINESS A. Quarterly Review of Public Records Requests Per Gilroy Code Section 17A.35 (c) The report was introduced by City Administrator Haglund. Commissioner Glines spoke on providing the name of the requestor on the quarterly log of public records request explaining that the report would then becom e more complete. He then asked to include an item on the next Commission agenda to include the person’s name on the log. Commission Foley spoke on the ability to receive a copy of a records request. City Clerk Freels explained that the public records request was a public record itself and would be disclosed if requested. She then explained that the Commission had an opportunity to add items to the next agenda under “future Commission initiated items” further down the agenda. Chairperson Woodward explained that the Commission had previously discussed the issue at other meetings explaining that the disclosure of the name of the requestor on the quarterly log itself could potentially “chill” public members from requesting records. Public comment was opened. Chris Foy of the Dispatch asked where his request had been included on the log. City Clerk Freels explained that the Commission was reviewing the last full quarter of public records requests for the months of July, August and September, stating th at his particular request had been submitted in the following quarter and would be included in the next report. Public comment was then closed. Motion on Item V.A. Motion was made by Commissioner Foley and carried unanimously to accept the report. Commissioner Bracco absent. Open Government Commission Meeting Minutes 12/13/2013 -5- B. Review Update to the City Records Retention Schedule The staff report was given by City Clerk Freels who presented the new format and updated guidelines sharing the more comprehensive approach to simplifying the guidelines for internal and public users following the city’s index of records. Commissioner Glines spoke on public verses nonpublic records asking where police officer involved shooting records fell within the guidelines. City Clerk Freels explained that the schedule included all records owned by the City whether public or non-disclosable, and explained that the particular records would fall within the Police Department retention section under internal affairs investigations and were disclosable 25 years after the investigation was closed. There were no public comments. Motion on Item VI.A. Motion was made by Commissioner Foley and carried unanimously to recommend City Council Adoption of the Updated Retention Schedule C. Transparency in Employee Negotiations Commission Chair Woodward spoke on the item sharing a recent news article in the Sacramento Bee regarding daylight labor negotiations and current legislation in the City of Costs Mesa. He suggested that the Commission review issue and have staff provide the Costa Mesa ordinance and the feasibility of enacting similar legislation for potential Council adoption. The Commission discussed the topic suggesting that staff look into any challenges to the legislation and the costs of analysis of an independent aud it as described in the Costa Mesa ordinance and further discussed open public negotiations. There were no public comments. Motion on Item VI.C. Motion was made by Commissioner Glines and carried unanimously to direct staff to prepare a report with analysis of the Costa Mesa ordinance for review at the next meeting. VII. CITY ADMINISTRATOR'S REPORTS There was no report. VIII. CITY ATTORNEY'S REPORTS Open Government Commission Meeting Minutes 12/13/2013 -6- A. Report on Voting by Ballots-Boards and Commissions City Attorney Callon spoke on the item sharing a recent issue with two particular Commissions which had voted on their General Plan Advisory Board representation by ballot, explaining that both actions had been re-agendized for proper votes in subsequent meetings. City Administrator Haglund stated that there was no malice in the intent of the commissioners and training would be provided to highlight the proper process of voting. Chairperson Woodward spoke on the need to conduct voting in the view of the public and then asked how the city had been m ade aware of the issue City Clerk Freels stated that she had learned of the issue when a member of the public had read the minutes and informed her that “secret ballots” had been cast. She then explained that all Department Heads and staff liaisons that supported the particular boards and commissions had subsequently been properly trained on the process of open voting, and the minutes had been amended to reflect the votes by individual member. IX. CITY CLERK’S REPORTS City Clerk Freels explained that she had been asked to present the Open Government Ordinance at a League of California Cities New Law and Elections Conference earlier in the month and had come back with some ideas on website transparency as presented by companion panel members from the City Managers Association and the Institute of Local Government. The Commission discussed difficulty with navigating through the city website and the need for ease of navigation. X. REPORTS OF COMMISSION MEMBERS There was no report. XI. FUTURE COMMISSION INITIATED AGENDA ITEMS – SCHEDULE NEXT QUARTERLY MEETING – November 5, 2013 Commissioner Glines spoke on agendizing an item to add the names of the requester to the quarterly log of public records requests. He further requested that the Commission discuss amending their term lengths to 4 years. The Commission agreed to agendize the items. Chairperson Woodward thanked the Commission for working with him while serving on the Commission and spoke on the pending appointment of two additional members of Open Government Commission Meeting Minutes 12/13/2013 -7- the public to make the commission a fully public body. XII. ADJOURNMENT The Commission adjourned at 7:05 p.m. /s/ SHAWNA FREELS, MMC City Clerk