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09/28/2017 Open Government Commission Regular Meeting Adopted 12/05/20171 Open Government Commission Minutes 9/28/2017 GILROY OPEN GOVERNMENT COMMISSION Minutes September 28, 2017 I. OPENING A. Call to Order and Roll Call Chairperson Esposito called the meeting to order at 7:01 p.m. ROLL CALL: Present: Vice Chairperson Janet Espersen, Chairperson Robert Esposito, Commissioner James Weaver Absent: Commissioner Alison Beach, Commissioner Jon Newland 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 May 25, 2017 Motion on Item III.A. Motion was made by Commissioner Espersen, seconded by Commissioner Weaver and carried with a 3-0-2 vote to approve the item (Commissioners Beach and Newland absent). IV. UNFINISHED BUSINESS A. Review of Material Provided at Brown Act, Open Government Ordinance, Public Records Act and FPPC Conflict of Interest Update Training The item was introduced by City Clerk Freels. 2 Open Government Commission Minutes 9/28/2017 Commissioners discussed their review of the material. There were no public comments. V. NEW BUSINESS A. Quarterly Review of Public Records Requests Per Gilroy Code Section 17A.35 (c) The staff report was presented by City Clerk Freels. There was a discussion of a request for “card room” records and Assistant City Attorney Houston described the cardroom records and the business activities allowed under state law and local ordinance. There was an inquiry as to what a “clearance letter” was on the Police Department log and staff explained that they would ask the department for further clarification. There were no public comments. Motion on Item V.A. Motion was made by Chair Esposito, seconded by Commissioner Weaver and carried 3-0-2 to receive the report (Commissioners Beach and Newland absent). B. Consideration of Recommendation to the City Council to Amend Gilroy Open Government Ordinance Section 17A.24 (3) (b) Related to the Disclosure of Names of Evaluators Due to Privacy Interests The staff report was presented by Assistant City Attorney Houston. She detailed the issues surrounding disclosure of the name of an evaluator and concerns with evaluators not wanting to be involved in evaluations because of concerns with privacy. The Commissioners discussed that the names of the scorers were not necessary, as long as the individual ratings, score sheets, notes and other related records were provided following the close of the bid process. Commissioners dis cussed their individual experiences at the county and state level with scorer’s names being disclosed and further dialog about the issue of potential bias or discrimination, and the ability to subpoena the records in full if an issue went to court. City Clerk Freels explained that requests had come in during the year following the close of two separate bid processes, describing that the evaluator’s names had been disclosed. Assistant City Attorney Houston explained that under state law the scorer’s names can be redacted, but the Gilroy Open Government Ordinance required that the names be disclosed. There were no public comments 3 Open Government Commission Minutes 9/28/2017 Motion on Item V.B. Motion was made by Commissioner Esposito, seconded by Commissioner Weaver and carried to recommend an amendment to the ordinance language to no longer require that the name of the evaluator be disclosed (Commissioners Beach and Newland absent). C. Discussion of Annual Presentation to the City Council The staff report was presented by City Clerk Freels. She explained that the date that had been selected was the following week and further suggested that the Commission consider an alternate date at the beginning of the year, with the Chair’s concurrence. The Commissioners selected January 22, 2018. Chair Esposito spoke on the previous year’s presentation material and asked for a volunteer to present to the City Council. Commissioner Weaver offered to present the report to Council. There were no public comments. The Commissioners selected the January 22, 2018 City Council meeting. V. CITY CLERK’S REPORT City Clerk Freels announced that the Commission and all other members of City Boards, Committee’s and Commissions now had city email accounts, following the Open Government Commission’s recommendation. She then spoke on an upcoming City Clerk’s workshop that Assistant City Attorney Houston was presenting on the recent Smith PRA case. She concluded by describing the software solution the City was looking at to capture and retain all email, text messaging, social media and website records, in a comprehensive web-based method that utilized the City records retention schedule. There was a discussion among the Commissioners regarding the RFP process for services and the emerging need for the retention of electronic records retention software VI. CITY ATTORNEY'S REPORT Assistant City Attorney Houston spoke on her recent presentation to the membership of the League of California Cities regarding the San Jose vs. Smith case, as Chair of the League’s Public Records Act Committee, and upcoming speaking engagements with the City Clerk’s Association and Planner’s Institute. A. Update on the California Law Revision Commission Proposed Recodification of the California Public Records Act 4 Open Government Commission Minutes 9/28/2017 Assistant City Attorney Houston described the work of the California Law Revision Commission in codifying the California Public Records Act, and her role in replying to potential the changes on behalf of the League of California Cities. She described the renumbering and other cross reference modifications that would be made and explained the process in general, and further described the role of the League’s Public Records Act Committee. VII. REPORTS OF COMMISSION MEMBERS There were no reports. VIII. FUTURE COMMISSION INITIATED AGENDA ITEMS - SET NEXT MEETING DATE The Commissioners selected December 5, 2017 at 7:00 p.m. IX. ADJOURNMENT at 8:04 p.m.