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08/23/2018 Open Government Commission Regular Meeting Adopted 11/08/2018 Open Government Commission Minutes 8/23/2018 GILROY OPEN GOVERNMENT COMMISSION Minutes August 23, 2018 I. OPENING A. Call to Order and Roll Call Chairperson Esposito called the meeting to order a t 7:02 p.m. ROLL CALL: Present: Commissioner Alison Beach, Chairperson Robert Esposito, Commissioner Jon Newland, Commissioner Amanda Rudeen Absent: 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 May 10, 2018 There were no public comments. Motion on Item III. A. Motion was made by Commissioner Newland, seconded by Commissioner Rudeen and carried 3-0-1-1 (Commissioner Beach abstaining and Commissioner Weaver absent) to approve the May 10, 2018 minutes. IV. UNFINISHED BUSINESS There was none. V. NEW BUSINESS A. Quarterly Review of Public Records Requests Per Gilroy Code Section 17A.35 (c) Open Government Commission Minutes 8/23/2018 (Second Quarter, 2018) The staff report was presented by City Clerk Freels. Commissioner Newland asked for clarification of the categories of records that were not disclosed by the Police Department during the quarter, and Assistant City Attorney Houston provided clarification on the protected records such as ongoing cases, those records protected under case law, and juvenile records. There were no public comments. Motion on Item VA. Motion was made by Chair Esposito, seconded by Commissioner Rudeen and carried 4-0-1 (Commissioner Weaver absent) to receive the report. B. Consideration of a Proposal from the Chair of the Bicycle Pedestrian Commission to Recommend Video Recording Select City Board and Commission Meetings Commissioner Weaver joined the meeting at 7:13 p.m. The proposal was presented by Bicycle Pedestrian Commissio n Chairperson Hilton. Discussion among the Commissioners ensued regarding the costs associated with the proposal, surveying other agencies on their practices, capturing video at the different meeting locations, and the goal of providing greater access to Board and Commission meetings in addition to minutes. City Administrator Gonzalez spoke the staff costs associated with training qualified staff for the filming of meetings and the use of CMAP explaining that the overall fiscal impacts of the proposal would need to be researched further if the Council wished to proceed with the request. City Clerk Freels explained that the videos would need to be managed and stored as public records for 10 years for retention purposes, similar to the audio records that were currently being maintained for 20 years. Commissioner Beach spoke on the need for more data and research to determine the need, and to see if other cities were videoing Commission meetings, and Commissioner Rudeen suggested offering video for higher profile meeting items identified by the Commission and allocation of monies to each group. Chairperson Esposito stated that the proposal would provide more transparency to the public, which was the mission of the Commission, explaining that fiscal impacts and most common practices would be addressed by staff if the Council chose to move forward. Open Government Commission Minutes 8/23/2018 Public comment was opened. A member of the public stated that the minutes were not always posted within 10 working days after a meeting, and videos of meetings could be available more immediately. Public comment was then closed. Motion on Item V.B. Motion was made by Chairperson Esposito, seconded by Commissioner Rudeen and carried 5-0 that the Commission agreed that the proposal would enhance transparency. VI. CITY ADMINISTRATOR’S REPORT City Administrator Gonzalez spoke on the request for e mail notifications on personal phones explaining that it was not feasible for the City. He then spoke on a claim that had been filed which could cause for the appeal of denied public records requests. VII. CITY CLERK’S REPORT City Clerk Freels announced that the Commissions annual presentation to Council was scheduled for December 3, 2018 and described the Board and Commission attendance policy that would be presented to Council on September 10th . VIII. CITY ATTORNEY'S REPORT A. Update on the California Law Revision Commission Proposed Recodification of the California Public Records Act Assistant City Attorney Houston spoke on the police records provisions of the revisions and the renumbering of the Public Records Act Government Code sections and the success of the City Attorney’s Department of the League of California Cities in commenting on the proposal. IX. REPORTS OF COMMISSION MEMBERS There were none. X. FUTURE COMMISSION INITIATED AGENDA ITEMS - SET NEXT MEETING DATE The annual presentation to the City Council was added to the future agenda. XI. ADJOURNMENT The Commission adjourned the meeting at 8:03 p.m.