1:15
Looks like it's seven o'clock.
1:16
Can we call the meeting to order?
1:22
Let me see if I could do this in right order here.
1:26
Commissioners Bowling.
1:36
Uh Madam City Clerk.
1:38
Uh second item on our agenda tonight is non-agenda public comment.
1:42
Do we have any speakers online?
1:45
Alright, seeing none in the audience, uh, we will move to item number three, uh regular agenda items.
1:52
Uh item three A is a selection of chair and vice chair.
1:56
Um I believe on this item.
1:59
Uh we did this uh about this time last year.
2:02
Uh and so I I think it's kind of open for commission discussion, or if there's uh any commissioner who would like to raise their hand to uh kind of jump in the queue or um make a nomination.
2:16
Um I'll take those uh from the floor.
2:18
I believe we would be uh tradition would have it typically that the vice chair would step into the chair role and uh we'd be looking for a uh vice chair nomination as well.
2:32
I think that that plan is great.
2:34
Um I was gonna nominate Zach Bowling anyways, yeah.
2:37
Okay, I'll I'll go ahead and second that.
2:40
Um we'll take that as a motion.
2:43
Um Commissioner Tilos.
2:45
Oh, do we wanna vote on that one?
2:48
Uh uh, we have a motion.
2:50
Yeah, we have a motion and uh I was just gonna make sure there was no comment.
2:56
All right, Madam City Clerk, can you call a roll?
2:59
Um Commissioners uh Bowling.
3:11
That carries by five ice.
3:13
Uh do we have uh a nomination for a vice chair this evening?
3:23
Sub in for if we have one other meeting this year.
3:27
If the chair isn't present, uh climate comment.
3:32
Usually what we well in the past, we don't have to follow this, but since we're following precedent here that the vice chair moved on to be the chair, usually we sort of get the newer members of the board to take the vice chair position.
3:44
This way everyone gets an opportunity to be the chair.
3:49
Um of course you've done it.
3:51
So I'm thinking I'm looking.
3:53
I'm looking at the right side of the table over here.
3:59
If you like to sure, I want to make that a motion.
4:05
Uh motion to nominate Commissioner Harris.
4:11
It's been motioned and seconded.
4:13
Is there any further discussion?
4:15
Uh please call the vote.
4:17
Uh Commissioners Bowling.
4:25
That carries by five eyes.
4:27
Congratulations to our new chair and vice chair.
4:30
Thank you for stepping up to serve the city.
4:35
We have an attendee who just raised their hand.
4:37
I'm sorry if I missed it a second ago.
4:40
I should have called for that.
4:41
No, I should have done it too, and I just saw it, so um, we have one speaker.
4:53
We don't get to see him, right?
4:59
Okay, he's oh, he dropped.
4:59
Well, if he if he comes back on and raises his hand, please.
5:08
I'll put him back up.
4:59
Yeah, but upset about it, I'm sure he'll end my ear personally.
5:13
He knows how to find you.
5:15
So I you know I think we're at a point in the agenda where I just want to um kind of figure out who's on first.
5:22
Uh now that we've had a changing of the chair position, um, should I continue to run the meeting?
5:30
I mean, typically the current chair continues to run the meeting and then it takes effect the next meeting, but you can switch now if you want to put Zach in the hot speed.
5:39
It honestly doesn't matter to me on this.
5:40
I think, yeah, in like council sessions, there's usually a break and then changing the guard, but it doesn't matter.
5:48
Well, I'll get us through uh through the rest of this agenda then.
5:55
Approval of uh meeting minutes from October 6, 2025.
6:00
Uh, are is there any discussion corrections that folks have an opportunity to review the minutes?
6:09
So it's been motioned and uh seconded to approve the minutes.
6:13
Uh please call the uh roll call vote.
6:15
Uh Commissioners Pauling.
6:24
Uh item three C is approval of the 2025 annual report.
6:31
Um, so with this item, uh thank you, uh City Clerk for uh preparing the report for us.
6:38
Um I think that was our last meeting.
6:39
We were discussing um that report.
6:41
So I'll open it up to the floor for any discussion on the item.
6:45
I just did a few observations, which I think probably everyone else who looked at it quickly did.
6:51
One was there uh virtually no complaints, uh, which is always a good thing.
6:57
Um clearly the most requested items were police department uh documents and fire department documents, which makes sense.
7:05
Those are some of the more intense issues in the city.
7:08
Uh but uh having produced those documents, there were no uh I didn't see any uh uh complaints that were made.
7:18
There was one item which I'm not sure exactly what means not fulfilled, but um the hearing.
7:25
Yeah, so um the the not fulfilled section um under next request cases, there's there were 44 of those, and then um 25 out of those 44 were because there was no records.
7:39
And what we do when we say there's no records is we tell them if you can further refine or we can help you you know do more to search for the record.
7:46
So we don't just say there's no records, we're done.
7:48
We'll say, like please provide clarification if we can.
7:51
And then um, you know, seven of them were withdrawn.
7:54
Uh we didn't sometimes we need clarification because the request isn't clear enough, and if we don't hear back from them, we have to eventually close it, but we try multiple attempts to follow up with them, and then four that just weren't simply weren't requests, and no complaints about any of them.
8:11
And then the one uh alleged violation uh didn't go through because the complaint was incomplete, and I'm presuming uh that means that there was no uh adequate follow-up by the complainant.
8:23
We tried to get them to resubmit or clarify it, and multiple efforts were made in that front too.
8:29
And um this was also the same person who had filed a complaint um before the last um complaint, and we had scheduled the hearing and then they didn't show to the hearing.
8:39
So um it's a person who has had difficulty with the system, and we've tried to help, but um there's yeah, issues there.
8:47
Okay, that's all I had.
8:50
Um thank you for clarifying those.
8:52
I just asked a couple clarifying questions.
8:55
Okay, so I'm looking so next request cases that's 594.
8:59
Then I saw the little denotation.
9:02
So those are ones that go to multiple departments.
9:04
Then the 860 is all unique to those individual departments, correct?
9:09
Yeah, so really the number of requests would be the 594 plus the 860.
9:13
No, no, no, it's it's 594, but then the reason why 860 is differs than 594 is because eight there when you tally up per department, sometimes if it's multiple departments it ends up being higher than the 594.
9:25
Okay, so it gets counted twice because it hit two departments.
9:28
So 860 is the number.
9:30
Because that's how many went to each that each department independently responded to.
9:34
Because it can be to multiple.
9:37
Then other piece, I think maybe I'm fine with this one for now, but maybe next year's we look into it, maybe having a comparison because it's a last year or the you know, yeah, maybe just one year just to see the trend of going, because you know, you say, hey, we did 4,700 five one documents, but is that good, bad, better than last year?
10:00
So I think I think we could have a comparison.
10:04
So the commission this year asked for this like additional information, and so this is the first year that this annual report has included like the document produced, the days, you know, responses within 10 days.
10:15
We've um included denied in the past, or you know, the not fulfilled section, but identifying the source in the city, all of that was like new data, and so we don't have that from prior years to compare.
10:26
But going forward, if the commission likes this format and wants to keep seeing this, then there will be a good way to do comparison.
10:33
I I think I uh Commissioner Tilos uh kind of read my mind.
10:37
Uh working for the sheriff's office, like you know, we hear these numbers a lot about the uh CPRAs we receive.
10:43
And let's see, we're up like 50% this year.
10:46
So I think this establishes a good baseline so that we can see that in the future, not just what's been fulfilled, but I think what that volume of workload is on on the city uh for the request.
10:57
Um, you know, I think want to leave it open for more discussion or questions, yes.
11:02
Yeah, I uh no, I just wanted to say I think I appreciate this breakdown of this is this is great.
11:06
I think uh I want to thank staff, especially on just the responsive rate they've been.
11:10
Uh, I think that's fantastic.
11:12
And yeah, a lot of the reason why I especially wanted the breakdown is also just to understand the cost that it is on the staff for these requests, and I know it's harder, but to figure out those ones that are like from I want to say automated, but like they're they're coming in, they're not from the general public, but they're just like the fire requests and these automatic permit polls and stuff that people want, and it gets directed to like to planning staff or to um to uh other staff that is more like available through other sources sometimes.
11:43
But I really appreciate that that kind of breakdown.
11:45
And I think that's the thing that I was like really curious about because I think that helps um sort of understand the cost of being open for uh the city, um, and that's really important.
11:57
Um, and I think uh I think this is great.
12:01
I don't I don't know if we can break it down without like putting more due burden on staff when they're doing responses of like the number of build hours or hours that it takes.
12:09
Right, so I did ask since the commission was interested in time.
12:13
I did ask all of the departments, including the attorney's office because I thought they might be the only that do track, and nobody does track time in hours, so um, you know, we couldn't get to that.
12:23
Uh I will tell you just like from you know, my in involvement with it is the ones that are emails or that are very like big volume of records, those are the ones that end up taking like you know a really long time, and especially like sometimes, you know, outside councils having to review the emails because they don't have enough staff time to do it, so um, that's where the real cost is um in those issues, like things that need a lot of redaction or all of that.
12:51
Um, but unfortunately there was just nobody is accounting for time at this point, so yeah.
12:57
Overall, I I love uh the whole report to send to council.
13:00
I guess as a body we're not recommending, I guess in our or whatever our things we can do is recommend changes to the uh the our open government law or our sunshine ordinance specifically, um, and not this round, but overall I I'm very pleased with uh our report and um I'm not gonna I'll let other people discuss before making a motion.
13:21
I actually think these are all great comments, I don't have anything to add.
13:26
If you want to make the motion, uh just before uh making a motion, I want to check.
13:31
Is there any public comment on the item?
13:32
Uh Jake Garfinkel came back, so let's let him talk now.
13:37
Hopefully he won't.
13:39
I didn't see the uh unmute and I got lost in Zoom.
13:44
Um, you want comment on the report?
13:49
Is that what you're saying?
13:50
Do I it's your I was gonna do it a non-agenda, but I can comment on the on the report in that in that all the time is put into doing redactions but the but the attorney's office absolutely refuses to explain why they redact things.
14:09
They just play and redact it.
14:11
They don't say they don't tell you it's because it's confidential they don't say it's because it mentions my mother-in-law it doesn't say anything so I think if nothing else they should be advised or instructed to explain the redactions.
14:27
And um as far as taking city time that the city doesn't track time for anything really and um I think it's important this the committee doesn't the open government commission doesn't really do anything else besides look at these uh requests for information so I think they should be willing to spend some staff time uh acquiring with this little uh item that they do um so anyway that was blank that's my comment thank you for the comment uh Mr.
15:05
Garfinkel if uh you do want to speak during um non-agenda public comment I think we'll go ahead and call for that again towards the end of the agenda um let's see here I do want to uh ask a follow-up question about um the kind of uh what was just raised about uh kind of explaining the redactions is there any requirement within the sunshine ordinance that that do occur it it is required and they do provide like the government code section exemption that they're using but they don't go into each one and say what each one is they just give an overall of the whole document and I think that Mr.
15:42
Garfinkel would prefer each more granularity would it's that's not required they just say these are they if they're not satisfied with the response they can make a uh they can appeal the decision can't they they can file a request well I mean they could file a sunshine ordinance complaint yeah yeah that's one of the purposes yeah yeah yeah okay thank you for that um yes yeah just looking at it just so we could get on the record for you know for the recording can you just go over identified source and identified city and how that's sure so um basically in response to the commission you know wanting these more details we we don't require the fields of you know anything except for the email address of the person so it's optional all the rest of the fields are optional but it turned out a lot more people than I even thought had put in that information so of the 594 requests 308 identified as either an agency company or law firm that we could tell like we had to go through you know all 594 and kind of say yes or no and then tally up that and that's the way we did that one and then city um if they put in the address at all it was 467 which was I mean I really didn't think that many had done it so I was impressed but then only uh out of those 467 identified 114 were from Alameda and then all the others were from everywhere.
17:13
Seeing no further discussion do we have a motion to accept the uh or approve the annual report.
17:22
I'll make a motion for that I'll second all right it's been moved and seconded uh roll call vote uh commissioners Harris a bowling sorry I'm going backwards again bowling Harris.
17:33
Oh shorts TLF Chair Riley aye bye vice all right um staff communications um so under staff communications I just wanted to um point out to the commission that there is a sunshine ordinance provision that prohibits complaints from being accepted um against a member of the city council or an officially declared candidate within 45 days of the city election we will have that um november 3rd so there will be a little bit of a period this year where uh those specific complaints could not be accepted.
18:05
So just wanted to point that out.
18:07
So that would start September 19th.
18:08
I did the 45 years.
18:09
So even if you have a complaint or um issue that you want to raise, do it now.
18:15
Yeah, well, or I mean it's just they it's just to not have somebody like weaponize it while somebody's running or in office and so around the election.
18:23
If if something were to occur during that window, they can always can they submit a complaint post-election day.
18:28
Well, um they could submit a complaint, but not particularly about the people.
18:36
Complaints are still accepted.
18:28
Right, but and the the complaint timeline still runs, you know, so you still only have that 15-day timeline to submit a complaint.
18:45
So yeah, it wouldn't be timely if they submitted waited for the whole thing and then submitted it.
18:49
Unless it was something ongoing, you know, if it didn't have a date current specifically.
18:55
Thank you for that.
18:57
Um agenda uh, well, is there any uh public comment on staffing?
19:01
You want to go back to the non-agenda public comment?
19:03
Okay, Jake Garfinkel again.
19:07
Garfinkel will go ahead and take a non-agenda public comment under this item.
19:10
Well, wait, well, what I'm to comment on the commenting on people running for office.
19:17
I think that we need to make sure that that applies to the members of the council.
19:22
If you remember last year when there was that unfortunate incidence with uh uh councilwoman Spencer, um Spencer, um, both the mayor and councilwoman Vella jumped on her with both feet with the assistance of Chairman Bowling.
19:43
And I think that, and that was right before the election, and I think that that needs to stop also.
19:50
Thank you for the comment.
19:52
Now you want agenda non-agenda items.
19:55
Well, I mean you can't really comment on the staff update because it's not an agenda's item, so you still have two minutes and 21 seconds left of your comments.
20:04
Um, you know, the the motto of the uh Washington Post is uh democracy dies in the dark or in darkness.
20:14
And for the last maybe 10 years or so, the council led by the current mayor have been dimming the lights at City Hall, uh specifically on her own on her own uh on her own.
20:31
She has eliminated the ability of uh residents to speak on non-agenda items at council meetings.
20:39
This uh means that the council will not there won't be any public presentation of new ideas.
20:45
Everything has to come now through the staff, and I think that that's uh an egregious change.
20:53
I think what uh I know that you guys are assigned to working on the Sunshine Ordinance, but you're the only commission that has the opportunity uh even indirectly to improve the openness of our governance.
21:10
No other commission, no other department has any concern at all about the openness about the transparency of what they're doing.
21:19
And I would encourage this body to make a recommendation to the council that a uh citizens committee of some kind be appointed to uh discuss what they would like to see in terms of opening up the uh the government.
21:37
By the way, I don't see a timer.
21:39
Um so oh wait, there it is.
21:41
Um so and and even the fact that comments are limited to what I get three minutes total.
21:52
Um the fact uh that the microphone is cut off mid-sentence, shows that it's a token, it's just uh a formality that the people are allowed to speak.
22:06
I've seen speakers mid-concept speaking about a concept, and it just shuts off.
22:12
That tells me that nobody's really interested in hearing what the speaker has to say, and I think that's egregious.
22:20
Thank you for sharing your comment.
22:23
I will move on to agenda item five, uh commissioner agenda requests.
22:30
Because they have to be submitted ahead of time, so apparently.
22:33
Alright, uh, thank you for that.
22:35
Uh, agenda item number six.
22:37
Uh commission communications.
22:40
Uh, I think this is an opportunity for essentially announcements or um kind of open uh yeah.
22:49
If if there's anything that needs to be put out there um for future discussion or alerting the public.
22:55
Seeing no discussion, uh, do we take uh public comment on that item?
23:06
Uh that brings us to the end of our agenda this evening.
22:56
Uh with that we're adjourned.