Loading...
HomeMy WebLinkAbout09/25/2025 Open Government Commission Regular Agenda Packet Open Government Commission Regular Meeting Agenda Page 1 of 3 September 25, 2025 | 5:30 PM CITY OF GILROY OPEN GOVERNMENT COMMISSION SPECIAL MEETING AGENDA THURSDAY, SEPTEMBER 25, 2025 | 5:30 PM CITY CHAMBERS, CITY HALL 7351 ROSANNA STREET, GILROY, CA 95020 Chair: Shayne Somavia Vice Chair: Ann Marie McCauley Commissioners: Diana Bentz, Janet Krulee & Sharpy Sandhu Staff Liaison: All Open Government Commission meeting materials are available online at http://gilroy.city/meetings. COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE Open Government Commission. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at least 72 hours prior to the meeting at (408) 846-0204. A sound enhancement system is also available for check out in the City Council Chambers. KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204. If you need assistance with translation and would like to speak during public comment, please contact the City Clerk a minimum of 72 hours prior to the meeting at 408-846-0204 or e-mail the City Clerk’s Office at cityclerk@cityofgilroy.org. Si necesita un intérprete durante la junta y gustaría dar un comentario público, comuníquese con el Secretario de la Ciudad un mínimo de 72 horas antes de la junta al 408-846-0204 o envíe un correo electrónico a la Oficina del Secretario de la Ciudad a cityclerk@cityofgilroy.org. The agenda for this regular meeting is as follows: 1. CALL TO ORDER Page 1 of 67 Open Government Commission Regular Meeting Agenda Page 2 of 3 September 25, 2025 | 5:30 PM 2. ROLL CALL 3. PRESENTATIONS TO THE OPEN GOVERNMENT COMMISSION 3.1. Public Comments by Members of the Public on Items not on the Agenda but within the Commission’s Subject Matter Jurisdiction 4. CONSENT CALENDAR Items under the Consent Calendar are deemed routine and approved with one motion. If a commissioner wishes for a separate discussion on an item, it must be requested for removal before the approval vote. If removed, the item will be discussed in its original order. 4.1. Approval of the Minutes of the August 14, 2025 Open Government Commission Regular Meeting 5. UNFINISHED BUSINESS 5.1. Reports of the Subcommittee 1. Staff Report: 2. Public Comment 3. Possible Action: Receive reports. 5.2. Open Government Week - November 17-21, 2025 1. Staff Report: 2. Public Comment 3. Possible Action: 1. Commission approves the draft council correspondence and proclamation, requesting November 17-21, 2025 be recognized as Open Government Week; and 2. Request Staff transmit to the Gilroy City Council for their consideration and approval. 5.3. Open Government Ordinance Training 1. Staff Report: 2. Public Comment 3. Possible Action: Commission receive report and provide direction. 5.4. City Council Translation Services Page 2 of 67 Open Government Commission Regular Meeting Agenda Page 3 of 3 September 25, 2025 | 5:30 PM 1. Staff Report: 2. Public Comment 3. Possible Action: 1. Commission approves the draft council correspondence and; 2. Request Staff transmit to City Council for their consideration and action. 6. FUTURE COMMISSION INITIATED AGENDA ITEMS 7. CITY ADMINISTRATOR'S UPDATE 8. ADJOURNMENT Page 3 of 67 August 14, 2025 | 6:00 PM Page 1 of 3 Open Government Commission Minutes 1. CALL TO ORDER City of Gilroy DRAFT Open Government Commission Minutes Thursday, August 14, 2025 | 6:00 PM The meeting was called to order at 6:00 P.M. 2. ROLL CALL Attendance Attendee Name Present Commissioner Diana Bentz Commissioner Shayne Somavia Commissioner Ann Marie McCauley Commissioner Sharpy Sandhu Absent Commissioner Janet Krulee 3. PRESENTATIONS TO THE OPEN GOVERNMENT COMMISSION 1. Public Comments by Members of the Public on Items not on the Agenda but within the Commission’s Subject Matter Jurisdiction Chair Somavia opened public comment at 6:01 P.M. With no speakers, Chair Somavia closed public comment. 4. CONSENT CALENDAR Chair Somavia opened public comment at 6:01 P.M. With no speakers, Chair Somavia closed public comment. Motion Approve the consent calendar. RESULT: Passed MOVER: Commissioner Ann Marie McCauley SECONDER: Commissioner Diana Bentz AYES: Commissioner Diana Bentz, Commissioner Shayne Somavia, Commissioner Ann Marie McCauley, Commissioner Sharpy Sandhu ABSENT: Commissioner Janet Krulee 1. Approval of the Minutes of the May 8, 2025 Open Government Commission Regular Meeting 5. UNFINISHED BUSINESS 1. Reports of the Subcommittees Page 4 of 67 August 14, 2025 | 6:00 PM Page 2 of 3 Open Government Commission Minutes Chair Somavia gave an overview of Open Government Week, November 17-21, 2025. Chair Somavia opened public comment at 6:04 P.M. With no speakers, Chair Somavia closed public comment. The Commission discussed holding two special meetings, on September 25, 2025 at 5:30 P.M. and October 23, 2025 at 5:30 P.M. Motion Approve special meetings. RESULT: Passed MOVER: Commissioner Ann Marie McCauley SECONDER: Commissioner Diana Bentz AYES: Commissioner Diana Bentz, Commissioner Shayne Somavia, Commissioner Ann Marie McCauley, Commissioner Sharpy Sandhu ABSENT: Commissioner Janet Krulee Chair Somavia discussed Open Government Commission training. Chair Somavia opened public comment at 6:23 P.M. With no speakers, Chair Somavia closed public comment. Commissioner McCauley and Commissioner Bentz reported on the translation services at City Council. Chair Somavia opened public comment at 6:30 P.M. With no speakers, Chair Somavia closed public comment. 6. NEW BUSINESS 1. Review of Public Records Requests Per Gilroy Code Section 17A.35(c) (Second Quarter 2025) The Commission reviewed the public records requests. Chair Somavia opened public comment at 6:44 P.M. With no speakers, Chair Somavia closed public comment. 7. CITY ADMINISTRATOR'S UPDATE Assistant to the City Administrator provided a report. Page 5 of 67 August 14, 2025 | 6:00 PM Page 3 of 3 Open Government Commission Minutes 8. ADJOURNMENT With no additional business before the Commission, the meeting was adjourned at 6:47 P.M. Page 6 of 67 18 Sep 2025 Page 1 of 5 GILROY OPEN GOVERNMENT COMMISSION Updated 18 Sep 2025 2026-2027 WORK PLAN: Open Government Week Proclamation & Activities SPONSOR: Commissioner Shayne Somavia, shayne.somavia@cityofgilroy.org STATUS: Open – In Progress PURPOSE: To provide a roadmap with potential public activities and events to promote Gilroy’s first Open Government Week, showcasing the City’s (Council, boards, committees and commissions) steadfast commitment to the highest principles of openness and transparency. TIMELINE: ✓ 8 May 2025 Open Government Commission Regular Meeting Provided Commission drafts of the Open Government Week proclamation, council correspondence, and proposed activities for review and markup. ✓ 14 Aug 2025 Open Government Commission Regular Meeting Review the previous changes. Seek public and commissioner input. • 25 Sep 2025 Open Government Commission Special Meeting Review changes and vote on final draft, which will be submitted as a council correspondence package for their review and approval. Preview the calendar of events for commissioner consideration and to identify activities commissioners wish to participate. • 23 Oct 2025 Open Government Commission Special Meeting Continue to refine activities associated with Open Government Week. Obtain status updates from Staff regarding Council’s input and preliminary approval. Provide the commission a draft Letter to the Editor for their review and approval prior to submitting to the Gilroy Dispatch for publication. • 13 Nov 2025 Open Government Commission Regular Meeting Finalize preparations and activities for Open Government Week. 17 – 21 Nov 2025 Open Government Week • 17 Nov, City Council Meeting o Receive Proclamation o Open Government Commission Annual Report to Council o Translation Services at City Council Meetings Page 7 of 67 18 Sep 2025 Page 2 of 5 PROPOSED ACTIVITIES 1. Educating Civic Engagement – Provide presentation/information desk at institutions for education to interact with students, provide Questions and Answers (Q&A) to highlight the features and importance of the Open Government Ordinance. (Reference: Open Government Week Talking Paper) 2. Public Engagement Assistance – Setup and staff a table in front of the council chambers on Mon, 17 Nov 2025 for City Council Meeting. Help members of the public attending the council meeting with public speaker cards, agenda packets, and respond to any questions they may have. 3. Ask a Commissioner – Setup and staff table at the Gilroy Library to engage with the public, demonstrate how to access public records, Council meeting recordings, identify ways they can submit their input to the council (in person, via email). 4. Mercury News Article | Letter to the Editor – Contact Mercury News to offer a news story. Provide letter to the Editor. 5. Debut new OGO Training – With the revamping of OGO Training (2026-2027 Workplan Item 2), significant progress is being made to provide a bilingual (English and Spanish) presentation that empowers users to read, listen, navigate through the training material at their pace and that supports their method for learning. The training completion timeline is being synchronized so that the training “go live” coincides with Open Government Week. ATTACHMENTS (3) 1. DRAFT: City Council Correspondence 2. DRAFT: Open Government Week Proclamation1 3. DRAFT: Open Government Week Calendar of Events 1 City of Gilroy, City Council Proclamation Policy, 1 May 2023 Page 8 of 67 18 Sep 2025 Page 3 of 5 Open Government Commission Council Correspondence 7351 Rosanna Street, Gilroy, California 95020-6197 Telephone: (408) 846-0202 | http://www.cityofgilroy.org August 14, 2025 To: Gilroy City Council Brad Kilger, City Administrator From: Gilroy Open Government Commission Re: Gilroy Open Government Week Proclamation The Commission seeks to raise the awareness of the significance and importance for residents and public servants to participate and contribute to democracy by highlighting the framework of which is Gilroy’s Open Government Ordinance. This year is the 17th anniversary of Gilroy’s Sunshine Law, and the Commission has laid out a plan of action to highlight the ordinance’s importance, while also promoting its benefits to residents through public outreach events. The proclamation and public presentation on November 17, 2025 will serve as a kickoff for the week’s events. RECOMMENDATION: The City Council approve the proclamation request declaring November 17 – 21, 2025 as Open Government Week. This draft proclamation was approved by the Commission with the following vote: Ayes: # Noes: # Absent: # _________________________ SHAYNE SOMAVIA, Chair Open Government Commission ___________________________ BRAD KILGER City Administrator and Executive Sponsor Commission Chair Shayne Somavia Commissioners Diana Sanchez-Bentz Ann Marie McCauley Janet Krulee Sharpy Sandhu ATTACHMENT 1, Draft City Council Correspondence Page 9 of 67 18 Sep 2025 Page 4 of 5 City of Gilroy Proclamation Whereas On November 17, 2008, the Gilroy City Council passed Ordinance 2008-11, putting in place by practice and endeavor the Open Government Ordinance. This legislative action established the framework whereby citizens are entitled to participate in their government by accessing public meetings, requesting public records, and petitioning the Open Government Commission. Whereas, Open Government Week reinforces the City’s role and commitment to the principles of openness and transparency as well as to foster processes that empower the public through participation and access to public information. Whereas, An open and accessible government is the cornerstone of democracy and is critical in establishing and maintaining the people’s trust and confidence in their government and in the government’s ability to effectively serve its citizens. Whereas, Declaring an Open Government Week allows us to recognize the importance of transparency, participation in public meetings, accessing public records and communicating with Gilroy’s Council, Boards, Commissions and Committees. NOW, THEREFORE, I, Greg Bozzo, Mayor of the City of Gilroy, together with the Gilroy City Council, on this __ day of November 2025, do hereby proclaim November 17 through November 21, 2025, as Gilroy Open Government Week and encourage all residents to contribute to an Open Government through council correspondence, comment at public hearings, and access public records to remain engaged and informed. ATTACHMENT 2, Draft Open Government Week Proclamation Page 10 of 67 18 Sep 2025 Page 5 of 5 Open Government Week November 17 – 21, 2025 Calendar of Events Provide an overview of activities scheduled for Open Government Week and to aid commissioners with determining their availability and preference for each event. Day Event(s) | Venue Commissioner(s) Monday, November 17, 2025 5:00 pm – Public Engagement Assistance City Council Chambers Foyer 1. 2. 6:00 pm – Open Government Week Proclamation City Council Chambers 6:00+ pm – Open Government Commission Annual Report City Council Chamber Somavia 6:00+ pm – Translation Services Presentation City Council Chambers Tuesday, November 18, 2025 3:00 – 5:00 pm – Ask a Commissioner Gilroy Library 5:00 – 7:00 pm – Ask a Commissioner Gilroy Library Wednesday, November 19, 2025 10:00 am – 12:00pm – Educating Civic Engagement 4:00 pm – 6:00pm – Educating Civic Engagement Thursday, November 20, 2025 6:00 pm - Boards & Commissions Appreciation Dinner Gilroy Senior Center Friday, November 21, 2025 Letter to the Editor: Open Government Week Page 11 of 67 O PEN G OVERNMENT O RDINANCE T RAINING •Training Type: Initial & Refresher •Source: Gilroy City Code Chapter 17A, Public Meetings & Public Records •Published Date: DD Mmm YYYY Page 12 of 67 Training Module Navigation HOME: Takes users to the Training Outline where they can select the section they wish to explore. FORWARD: Navigates to the next slide. BACK: Navigates to the previous slide. Hyperlinks LINKS: Allows users to jump to specific content by clicking the linked text. PROGRESS BAR: Shows the progress of training until completion. Page 13 of 67 Training Objectives •Familiarize stakeholders with the purpose and intent of the Open Government Ordinance. •Provide principles, policies, and procedural requirements regarding the community’s role and access to public information and meetings. •Outline the role and responsibilities of the Open Government Commission. •Identify significant changes to the Open Government Ordinance. Navigation Pane Progress Page 14 of 67 Training Outline I.Introduction and Changes II.Public Access to Meetings III.Public Access to Information and Records IV.Open Government Commission Navigation Pane Progress Page 15 of 67 Training by Role and Frequency City Council Member Department Heads | Staff Designees Board, Committee and Commission Member 1.Initial: Within sixty (60) days of election / appointment 2.Refresher: Every two (2) years thereafter ROLES FREQUENCY Navigation Pane Progress Page 16 of 67 I.Introduction •The Open Government Ordinance (OGO) was enacted by the Gilroy City Council in 2008. •It is incorporated into Gilroy City Code, Chapter 17A, Public Meetings and Public Records. •This ordinance enhances public access to meetings and information. •It broadens access to the public beyond the provisions outlined in the Ralph M. Brown Act (Brown Act) and the California Public Records Act (CPRA). Navigation Pane Progress Page 17 of 67 I.Introduction The OGO is comprised of three (3) parts: 1.Public Access to Meetings 2.Public Access to Information and Records 3.Open Government Commission Navigation Pane Progress Page 18 of 67 I.Introduction & Changes •Since its inception in 2008, the OGO has been amended eight (8) times. •Most recent change occurred with adoption of Ordinance 2023-10, which passed on November 20, 2023. •Incorporated administrative changes to the California Public Records Act (CPRA) Recodification Act of 2021, which renumbered and reorganized the Government Code. •Updated Government Code references in the OGO. Navigation Pane Progress Page 19 of 67 I.Introduction & Changes Replaced the old section references with the new ones EXAMPLE Old OGO Updated OGO Navigation Pane Progress Page 20 of 67 II.Public Access to Meetings All meetings of any “policy body” shall be: •Open and public. •Governed by the Brown Act and the OGO. •Guiding Principle: Whichever requirement provides expedited public access shall apply. Navigation Pane Progress Page 21 of 67 II.Public Access to Meetings What are Policy Bodies? •City Council, appointed subcommittees of the City Council, commissions, boards, and city created task forces. What are NOT Policy Bodies? •Ad hoc subcommittees appointed for a single purpose on a temporary basis. •Committee consisting solely of city employees (staff). Navigation Pane Progress Page 22 of 67 II.Public Access to Meetings What are Meetings as defined by the OGO? •Congregation of a majority of members of a policy body at the same time and place to discuss or deliberate city business. •Series of gatherings, each of which involves less than a majority of a policy body but cumulatively result in a majority of members being involved. •Any other use of personal intermediaries or communications media that could permit a majority of members of a policy body to become aware of an item as well as the position of other members of the policy body. Navigation Pane Progress Page 23 of 67 II.Public Access to Meetings What are NOT deemed as Meetings by the OGO? •Individual contacts or conversations between a member of a policy body and another person that do not convey to the member the views or positions of other members. •The attendance of a majority of the members of a policy body at: •Regional, statewide or national conference. •A purely social, recreational or ceremonial occasion. •An open and noticed meeting of a standing committee of that body. Navigation Pane Progress Page 24 of 67 II.Public Access to Meetings What are NOT deemed Meetings by the OGO (continued)? •“Electronic email exchange between members of a policy body and or city staff, exclusively through the use of those members’ city email address, so long as electronic mail is subject to inspection under [the OGO]. Notwithstanding the foregoing sentence, such email exchanges shall not violate the Brown Act” [Gilroy City Code Chapter 17A .3 (4) f.]. Navigation Pane Progress Page 25 of 67 II.Public Access to Meetings Agenda Requirements •Post an agenda at least seventy-two (72) hours before a regular meeting for all policy bodies. •Post a preliminary agenda at least seven (7) calendar days before a regular City Council meeting. •Agendas are required to be posted to the city’s website. (Refer to Agenda Portal at https://ca-gilroy.civicplus.com/965/Agendas-Minutes) Navigation Pane Progress Page 26 of 67 II.Public Access to Meetings When can policy bodies take action on items NOT on the agenda? •Emergency action due to an accident, natural disaster, or workforce disruption; however, a majority vote is required. •By a two-thirds (2/3) vote of the body that immediate action is needed. •Continued item from a prior meeting. •Majority Vote Waiver – Upon determination of a majority vote that staff has demonstrated good cause to present documentation in a meeting that was not made available 72 hours in advance on the city’s website. Navigation Pane Progress Page 27 of 67 II.Public Access to Meetings Requirements: Agendas – Closed Sessions •Policy body may, but is not required to, hold closed sessions, unless otherwise required by law. •Types of Closed Session Agenda Items •License/Permit Determination •Conference with Real Property Negotiator •Conference with Legal Counsel •Threat to Public Services or Facilities Navigation Pane Progress Page 28 of 67 II.Public Access to Meetings Requirements: Agendas – Closed Sessions •Types of Closed Session Agenda Items (Continued) •Public employee appointment/hiring, evaluation, dismissal/discipline/release •Conference with negotiators – collective bargaining •Other types specified within the Brown Act (Cal Gov Code § 54954.5) Navigation Pane Progress Page 29 of 67 II.Public Access to Meetings Procedures: Closed Sessions •Prior to any closed session a policy body shall state the general reason(s) for the closed session and cite the statutory authority. •Immediately upon entering closed session, City Council shall discuss only whether the matter should proceed in open session instead of a closed session. •A roll call vote on this question shall be held. Navigation Pane Progress Page 30 of 67 II.Public Access to Meetings Procedures: Closed Sessions (Continued) •If a majority of the City Council vote to hear and decide the matter: •In Open Session, the City Council shall return to open session immediately without further discussion and report the vote in open session •In Closed Session, the City Council shall do so and later report the vote on this question at the first opportunity after returning to open session. •Disclosure of discussions and actions: After every closed session, a policy body may, in its discretion and in the public interest, disclose to the public any portion of its discussion that is not confidential or protected by law. Navigation Pane Progress Page 31 of 67 II.Public Access to Meetings Procedures: Closed Sessions (Continued) •Policy body shall publicly report any action taken in closed session with a vote or abstention of every member present, under the following categories: •A written summary of the public information is required to be immediately reported and posted by the close of business on the next business day following the meeting. Navigation Pane •Real Property Negotiations •Employee Actions •Litigation •Collective Bargaining •Settlement Progress Page 32 of 67 II.Public Access to Meetings Prohibitions on Barriers to Public Attendance •No meeting, conference or other function in any facility that excludes persons with actual or presumed class identity or characteristics. Rights of the Public Participating or Attending •Tape Recording, Filming, and Photography Recording Requirements of Policy Body Meetings •Video Recordings of City Council (Open Session) and Planning Commission •Audio recording of all other policy bodies Navigation Pane Progress Page 33 of 67 II.Public Access to Meetings Council Updates •The presiding officer of a governing body has the authority to modify the agenda order to encourage public participation; this change will be communicated at the start of the meeting or shortly after the presiding officer is informed. Public Input and Testimony •Members of the public will be given the chance to speak on agenda items that involve proposed actions prior to the action being made. Navigation Pane Progress Page 34 of 67 II.Public Access to Meetings Public Comment and Testimony (Continued) •Agenda changes can be made to facilitate public input, but it needs to be announced at the beginning of the meeting or as soon as it becomes known. EXAMPLE: To facilitate the 2025 Districting Public Hearing, the mayor as the presiding officer of the policy body (City Council) announced at the beginning of the City Council Meetings that the order of agenda items would change so that the districting portion of the agenda could start promptly at 7 p.m. to facilitate the public’s participation and input on this matter. Navigation Pane Progress Page 35 of 67 II.Public Access to Meetings Public Comment and Testimony (Continued) •Every member of policy body may speak as a member of the public, to include the policy body for which they are a member. •Elected or appointed officials shall not be sanctioned or deprived of their rights to express their judgement or opinion as a citizen to comment publicly. Navigation Pane Progress Page 36 of 67 II.Public Access to Meetings Minutes of a Policy Body •Clerk or secretary will write meeting minutes for all regular meetings. •Draft version posted to the city’s website (Agenda Portal) within ten (10) working days after the meeting. •Adopted meeting minutes shall be available for inspection or copying within ten (10) working days after the meeting at which the minutes were adopted. •All votes, including voice votes, shall be properly recorded. Navigation Pane Progress Page 37 of 67 III.Public Information & Public Records What is Public Information? •Content of public records as defined in the California Public Records Act (CPRA), whether provided in documentary form or in an oral communication. What are Public Records? •“Any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by any state or local agency, regardless of the physical form or characteristics.” (Gov’t Code § 7920.545) What is NOT Public Information? •It does not include computer software developed by the city. Navigation Pane Progress Page 38 of 67 III.Public Information & Public Records Process for Gaining Access to Public Information •Every department head who has custody of any public record or public information shall as soon as possible and within ten (10) calendar days comply with such request. •If department head believes the record or information requested is NOT public information or is exempt, the department head shall justify withholding any information or record in writing within ten(10) calendar days. •10-Calendar day extension (20 calendar days total) given in writing to requester due to: 1) Voluminous nature of information, 2) location at remote storage facility, or 3) requires consultation with legal council. Navigation Pane Progress Page 39 of 67 III.Public Information & Public Records Process for Gaining Access to Public Information (Continued) •Department Heads shall •Assist requesters in identifying existence, form, and nature of records and information maintained by, available to, or in the custody of the department head. •Assist regardless of whether contents of records are exempt from disclosure. •When requested to do so, provide in writing within ten (10) calendar days following receipt of request a statement as to the existence, quantity, form, and nature of records relating to a particular subject or question with enough specificity to enable a requester to identify records. •Assist requester with directing a records request to the proper staff/office when department is not in possession of subject records. Navigation Pane Progress Page 40 of 67 III.Public Information & Public Records Process for Gaining Access to Public Information (Continued) •If Department Head refuses or fails to comply, or incompletely complies with request •Requester may petition City Administrator in writing, within forty-five (45) calendar days of Department Head’s response or the expiration of the Department Head’s period to respond if no response is provided. •City Administrator shall inform petitioner, as soon as possible and within thirty (30) calendar days of petition whether requested record, or any part of the requested record is public. Navigation Pane Progress Page 41 of 67 III.Public Information & Public Records Process for Gaining Access to Public Information (Continued) •If petition to City Administrator is denied or not acted upon by the city administrator •Person making the request (petitioner) within forty-five (45) calendar days of City Administrator’s denial or expiration of the City Administrator’s thirty (30) calendar day period to act upon the petition, petition the Open Government Commission for determination whether the requested record is public. •The administrative remedy provided by the OGO in no way limits the availability of judicial remedies otherwise available to any person requesting a public record. Navigation Pane Progress Page 42 of 67 III.Public Information & Public Records Policy regarding use of computer systems •The City of Gilroy uses computer technology to reduce costs associated with public records management to include cataloguing and recording requests. •Computer systems used to collect and store public records will be designed to ensure convenient, efficient, and economical public access to records. Release of oral public information •Every Department Head shall designate individuals knowledgeable about the affairs of the department. •List of Department Head/alternate will be maintained on the city’s website. Navigation Pane Progress Page 43 of 67 III.Public Information & Public Records Public review file – Policy body communications •City Clerk or designated secretary of a policy body shall maintain a file, accessible to any person during normal office hours. •Contain letters, memorandum, and other communication which the clerk or secretary has distributed to or received from a quorum of policy body. concerning matters calendared by the body within previous thirty (30) days or likely to be calendared within the next thirty (30) days. •Does not apply to items exempt from disclosure under CPRA (i.e., commercial solicitations, periodical publications, etc.). Navigation Pane Progress Page 44 of 67 III.Public Information & Public Records Public information that must be disclosed •No exemptions for preliminary drafts or memorandum if kept in the normal course of business – inherent nature of the city’s business in question, and in the method systematically employed for the conduct of the task in question. • NOT Disclosed until Final Action is Taken: Preliminary drafts or memoranda concerning contracts, memoranda of understanding, or other matters subject to negotiation or pending council approval. Navigation Pane Progress Page 45 of 67 III.Public Information & Public Records Public information that must be disclosed (Continued) •Pre-litigation material (unless otherwise exempted by law) •Pre-litigation claim against the city (excluding investigative reports). •Record previously received or created by a department in ordinary course of business that was not attorney-client or work product. •Contracts, bids and proposals •All Requests for Proposals (RFPs) shall be made available for public inspection. •Contracts, contractors’ bids, responses to request for proposals, shall be open to inspection after the contract is awarded. Navigation Pane Progress Page 46 of 67 III.Public Information & Public Records Public information that must be disclosed (Continued) •Contracts, Bids and Proposals (Continued) •Immediately after review, evaluation, or rating responses to RFP have been completed, the evaluation forms and score sheets and any other documents used by persons in RFP evaluation or contractor selection process shall be available for public inspection. •Budgets, whether tentative, proposed or adopted, bills, claims, invoices, vouchers, or other records of payment obligations. •Appraisals, offers, and counter-offers relating to the city’s purchase of real property are exempt until an agreement is executed. Navigation Pane Progress Page 47 of 67 III.Public Information & Public Records Public information that must be disclosed (Continued) •No Exceptions •Neither the city nor any officer, employee, or agent may assert deliberative process exemption. •The public interest in withholding the information outweighs the public interest in disclosure. Immediacy of Response •Notwithstanding the ten (10) calendar day response, routine requests for non-exempt public information shall be satisfied no later than the close of business the day following the request. Navigation Pane Progress Page 48 of 67 III.Public Information & Public Records Immediacy of Response (continued) •Unless the Department Head advises the requester in writing and identifies specific future date. • Or, the nature of the request warrants a ten (10) day extension, the requestor shall be notified within three (3) business days. •Size of the information requested. •Information is located in remote storage facility. •Consultation with legal council is warranted. Navigation Pane Progress Page 49 of 67 III.Public Information & Public Records Withholding Kept to a Minimum •Exempt information shall be masked, deleted, or redacted •Such redaction shall be keyed by footnote or other clear reference. Justification of Withholding •Justified in writing. •Shall cite the specific statutory authority or case law. •Department Head shall inform requester and suggest alternative sources, if available. Navigation Pane Progress Page 50 of 67 III.Public Information & Public Records Public Information that Must be Disclosed •Gross earnings by name and job title •Base salaries and other compensation •Allowances and overtime •Deferred compensation •Leave cash-out payments •Percentage of base salaries that the City pays as the employer’s CalPERS contribution Navigation Pane Progress Page 51 of 67 III.Public Information & Public Records Fees for Duplication •No fees for reviewing records (Not generating hard copies). •No fees for electronic versions (downloaded or emailed video, audio, or electronic files) •Fees set by City Council physical information (paper, video or audio tapes). Index Records •City prepares and maintains a Public Records Index . Navigation Pane Progress Page 52 of 67 III.Public Information & Public Records Records Survive Transition of Officials •All documents prepared, received, or maintained by a Department Head are the property of the City. •The City Administrator shall monitor the transition of the Department Heads. Internet Access/World Wide Web minimum Standards •City shall maintain a website: www.cityofgilroy.org. •Publish as much information and as many documents as possible: •Meetings: Notices, agendas, minutes of previous meetings •Webcasts: City Council and Planning Commission meetings Navigation Pane Progress Page 53 of 67 III.Public Information & Public Records Correspondence and Records shall be Maintained •City Administrator shall for a reasonable period maintain, preserve, and archive documents and correspondence: •Disclosure in accordance with OGO’s public records release requirements Navigation Pane Letters Invoices Emails Reports Drafts Proposals Memoranda Within subject matter jurisdiction of City Administrator’s official duties Progress Page 54 of 67 III.Public Information & Public Records Correspondence and Records shall be Maintained (Continued) •Any email created or received in connection with transaction of business and which: •Department or office retains as evidence of its activities ………………………………………………….. Or ……………………………………………………………… •Relates to legal or financial rights of the city or of persons directly affected by activities of the city •Standard for determining if an email is a public record that must be retained is identical to the standard that applies to any document. Navigation Pane Progress Public RecordPage 55 of 67 III.Public Information & Public Records Review of FPPC Statement of Economic Interests (Form 700s) •City Clerk (filing officer) •Shall conduct prima facia review annually and no later than April 15th of each year for •Officials required under CA Gov’t Code § 87200 •Designated employees required by the City’s conflict of interest code •Publish all Form 700 filings onto the City’s website: https://public.netfile.com/pub/?AID=GIL •City Administrator review filing submitted by the city clerk Navigation Pane Progress Page 56 of 67 IV.Open Government Commission •Membership - Five (5) members of the public appointed by City Council. •Serve four (4) year term unless appointed to complete the remainder of the unexpired term of a member who resigned or was removed . •No member shall serve more than 2 (two) consecutive full terms. •Chair – Elected from among the appointed members to sever as chair of the commission. •Term of office is one (1) year. Navigation Pane Progress Page 57 of 67 IV.Open Government Commission Roles & Responsibilities •Advises city council and provide information to other city departments on appropriate ways in which to implement the OGO. •Develops appropriate goals to ensure practical and timely implementation of the OGO. •Proposes to city council amendments to the OGO. •Reports to city council at least annually on any practical or policy problems encountered in administration of the OGO. Navigation Pane Progress Page 58 of 67 IV.Open Government Commission Roles & Responsibilities (continued) •Receives & reviews regular quarterly reports on requests for public information. •Recommends to city council an administrative process for review and enforcement of the OGO. •Possesses such powers as city council may confer upon it by ordinance or as the people of Gilroy shall confer upon it by initiative. Navigation Pane Progress Page 59 of 67 IV.Open Government Commission Responsibility for Administration •City Administrator – Administers and coordinates implementation of the OGO. •City Clerk – Provides and performs administrative duties for the commission and assists any person in gaining access to public meetings/information. Declaration of Training •Covers who requires the training. •The frequency of training. •Completion of training and record keeping. Navigation Pane Progress Page 60 of 67 IV.Open Government Commission Who requires training? •Department Heads •Management employees •All policy body members •Employees and officials who file Statement of Economic Interests Navigation Pane Frequency of training? •First sixty (60) days of appointment or election •Every two (2) years thereafter Recordkeeping (Declaration): •Affidavit or declarations maintained by the city clerk •Available as public records Progress Page 61 of 67 IV.Open Government Commission Willful Refusal to Follow Open Government Ordinance •Willful refusal of any elected official, department head, or other managerial city employee to discharge any of the duties imposed by the following governance shall be deemed official misconduct: •Open Government Ordinance •Brown Act •California Public Records Act Navigation Pane Progress Page 62 of 67 IV.Open Government Commission Enforcement Provisions •Any person may institute legal enforcement under that person’s right to attend an open meeting, inspect or receive copies of information and records under the OGO. •Any person may institute proceedings for enforcement and penalties under the OGO if enforcement action is not taken by a city or state official fifty (50) days after a complaint is filed. Navigation Pane Progress Page 63 of 67 IV.Open Government Commission OGO Precedence •The provision of the OGO supersedes other local laws. •Whenever conflict in a local law is identified, the requirement which would result in greater or more expedited access to public information shall apply. •Applies to all applicable and relevant provision of the Gilroy City Code. Navigation Pane Progress Page 64 of 67 Conclusion OGO Training & Declaration •You have finished the Open Government training requirement prescribed by Gilroy City Code, Chapter 17A, Public Meetings and Public Information. •Complete the training and acknowledgement declaration as follows:  Access the Declaration of Training memo at https://cityofgilroy.org/DocumentCenter/View/13238/Open-Government- Ordinance-Training---Declaration-of-Training.  Email the completed memo to the City Clerk at cityclerk@cityofgilroy.org. Navigation Pane Progress Page 65 of 67 References •Gilroy City Code, Chapter 17A, Public Meetings and Public Records •Open Gilroy: https://ca-gilroy.civicplus.com/898/Open-Gilroy •Public Records Request Center: https://gilroy.streamlinegov.us/ •California Government Code 54950 – 54963, The Brown Act •California Government Code 7920, California Public Records Act •Open Government Questions: email cityclerk@cityofgilroy.org Navigation Pane Page 66 of 67 Open Government Commission Council Correspondence 7351 Rosanna Street, Gilroy, California 95020-6197 Telephone: (408) 846-0202 | http://www.cityofgilroy.org September 25, 2025 To: Gilroy City Council Brad Kilger, City Administrator From: Gilroy Open Government Commission Re: City Council Translation Services 1. In accordance with the Open Government Commission’s (the OGC) 2026-2027 workplan, translation services at City Council meetings became a focus area for study, analysis, and recommended improvement. After observing City Council meetings, members of the OGC embarked on a study to determine the adequacy of the current offerings: Spanish translation services at City Council meetings. 2. In conjunction with Council’s Legislative Agenda, (Item One: Communication and Support for District Based Elections) outlined in fiscal years 2026 and 2027, the OGC would like Council to consider revising how translation services are delivered during City Council meetings. The presentation will detail how it aligns with the Council’s legislative goals. It should be noted that the decision to use the current translation system seems to be an administrative decision void of public input or Council consideration or direction. Council should decide how to deliver translation services to foster transparency, community engagement, and cultural competency. 3.. The OGC respectfully requests a presentation to City Council at the November 17, 2025, City Council meeting to coincide with the 17th anniversary of the Open Government Ordinance’s passage and the OGC’s annual report to Council. The presentation to Council should take twenty minutes. RECOMMENDATION: The City Council approve agendizing the OGC’s presentation: “City Council Translation Services” for the November 17, 2025, City Council meeting. Council correspondence was approved by the OGC with the following vote tally: Ayes: # Noes: # Absent: # _________________________ SHAYNE SOMAVIA, Chair Open Government Commission ___________________________ BRAD KILGER City Administrator and Executive Sponsor Commission Chair Shayne Somavia Commissioners Diana Sanchez-Bentz Ann Marie McCauley Janet Krulee Sharpy Sandhu Page 67 of 67