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05/27/2017 Open Government Commission Regular Meeting Adopted 09/28/20171 Open Government Commission Minutes 5/25/2017 GILROY OPEN GOVERNMENT COMMISSION MINUTES I. OPENING A. Call to Order and Roll Call Chairperson Esposito called the meeting to order at 7:01 p.m. ROLL CALL: Present: Commissioner Alison Beach , Vice Chairperson Janet Espersen, Chairperson Robert Esposito, Commissioner Jon Newland, Commissioner James Weaver II. PRESENTATIONS TO THE OPEN GOVERNMENT COMMISSION A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE COMMISSION’s SUBJECT MATTER JURISDICTION There were none. III. CONSENT CALENDAR A. Approval of the Minutes of February 23, 2017 Motion on Item III.A. Motion was made by Commissioner Newland, seconded by Commissioner Beach and carried 4-0- 0-1 to approve the item; Vice Chairperson Janet Espersen abstaining. IV. NEW BUSINESS A. Quarterly Review of Public Records Requests Per Gilroy Code Section 17A.35 (c) The staff report was presented by City Clerk Shawna Freels. Chairperson Esposito spoke on the broadness of some of the requests, and length of 2 Open Government Commission Minutes 5/25/2017 time needed to compile some of the documents requested. He then asked for clarification of the request for records related to deposited escrow monies. City Clerk Freels spoke on items such as bond fees and deposits for projects that were maintained by the city for particular periods of development. Assistant City Attorney Houston spoke on the businesses that were researching the particular records as a way to drive business for themselves. There was a continued discussion of the un-cashed checks that were requested. There was a discussion of the daily Police Department press logs request. There were no public comments. Motion on Item IV.A. Motion was made by Vice Chair Espersen, seconded by Commissioner Newland and carried with a 5-0 vote to accept the report. B. Review of Material Provided at Brown Act, Open Government Ordinance, Public Records Act and FPPC Conflict of Interest Update Training The booklets were distributed to members as a supp lement to the electronic version previously provided. The staff report was presented by Assistant City Attorney Houston. She described the reformatting of the Public Record guide, detailing the enhancements to provide more clarity. She then detailed her role with the League of California Cities with regards to the City Attorney’s Public Records Act Committee and described recent amendments to the act. She then defined the role of the League of California Cities and suggested the Commissioners go online and explore the offerings available to members. There were no public comments. The Commissioners discussed taking the publications home to review them in more detail, and return at the next meeting with any questions. Motion on Item IV.B. Motion was made by Chairperson Esposito, seconded by Commissioner Weaver and carried 5-0 to accept the report. V. CITY ADMINISTRATOR'S REPORT There was no report. VII. CITY CLERK’S REPORT 3 Open Government Commission Minutes 5/25/2017 City Clerk Freels spoke on the breadth of records being compiled for a public records request related to Gilroy Gardens, describing the work in compiling the records and work with the requester in narrowing the request. There was a discussion of requests for records that were not owned by the city, and the city’s position in replying to such requests. Commissioners discussed the number of hours put into responding to such large requests, and discussion continued on the processes of a continual dialog with a requester. City Clerk Freels then announced that the City was investigating software to assist with retention of electronic records in one repository for records such as social media, email and text. VIII. CITY ATTORNEY'S REPORT A. Update on the Smith v. San Jose case regarding Councilmember’s emails on private accounts – argued in California Supreme Court on 12/7/16 The staff report was presented by Assistant City Attorney Houston. She described the outcome of the Supreme Court ruling detailing the ramifications to local entities in disclosing text and email records stored on personal accounts and devices, and explained that all city business should be conducted on city accounts to be retained on city servers describing the public’s right to know. She concluded by explaining that policies and trainings were forthcoming. Chairperson Esposito spoke on the current practice of Open Government Commissioner’s communications being conducted on their personal accounts. City Clerk Freels then announced that all City Board and Commission Members would be issued city email accounts for all communications in their role with the city. VIII. REPORTS OF COMMISSION MEMBERS There were none. IX. FUTURE COMMISSION INITIATED AGENDA ITEMS - SET NEXT MEETING DATE The Commissioners agreed to revisit the Brown Act, Public Records Act and FPPC training material for further discussion at the next meeting. X. ADJOURNMENT The Commission adjourned at 8:00 p.m. to the next regular meeting of September 28, 2017 at 7:00 p.m.