Joint Meeting of Rules and Open Government Committee and Committee of the Whole - September 9, 2026

The Rules and Open Government Committee (ROGC) and Committee of the Whole met on September 9, 2026, at 2:00 PM in a hybrid format. The committee reviewed the final agenda for the September 15, 2026 City Council meeting, the draft agenda for September 22, 2026, approved the consent calendar, and discussed a referral to evaluate policy options regarding Council transparency and non-disclosure agreements (NDAs).

Consent Calendar

• Approved three items: The Public Record for August 27 – September 3, 2026 (received and filed); the Auditor’s Office Monthly Report of Activities for August 2026 (approved); and a request to authorize travel for Mayor Mahan to attend a Bloomberg Center for Cities convening, to accept travel payments, and to excuse the Mayor’s absence from the September 29, 2026 Council meeting (approved). The motion carried 5-0.

Public Comments & Testimony

• Brian (in-person): Spoke on multiple agenda items. He noted he had sent an email containing concerns about the agenda and consent calendar items and requested guidance on how the public should submit emails (by topic vs. single email). He expressed general support for transparency, stating that distrust of government is unhealthy and that transparency helps build trust. He also supported the NDA policy discussion, saying the more transparent government is, the better.
• Jordan Mullen (virtual): Commented on the NDA item. He suggested the policy should apply not only to council members but also to their staff and senior city staff. He also asked whether previous NDAs could be released retroactively or a database compiled. He questioned why the policy should be limited to council members when all city staff should be covered.

Discussion Items

• Council Transparency and Private Non-Disclosure Agreements (NDAs) – Referral (Item C-1, ROGC 26-315):
  • Councilmember Ortiz introduced the memorandum, co-signed by Councilmembers Cohen, Candelas, Campos, and Casey. The memo seeks to direct the City Manager’s Office, in coordination with the City Attorney’s Office and City Clerk’s Office, to evaluate and return with policy options that would: (1) prohibit Council members from signing NDAs concerning projects subject to City approval; (2) prohibit persons/entities seeking City action from conditioning access to project information on signing an NDA; and (3) establish a City process to review confidential information without requiring individual Council members to sign NDAs.
  • Councilmember Ortiz stated the intent is to give residents confidence in government transparency, noting that even though only one recent incident (the Google decision) involved NDAs, perception matters. He referenced other municipalities (Franklin Township, Indiana; multiple cities in Wisconsin, Missouri, Ohio, Alabama) that have been asked to sign NDAs, particularly regarding data centers.
  • Vice Mayor Foley questioned whether a policy is necessary since she had never been asked to sign an NDA. Councilmember Ortiz explained that the policy would codify common sense and address potential future perception issues. Vice Mayor Foley also asked whether the policy should apply to chiefs of staff and staff members; Ortiz indicated openness to that suggestion.
  • Chair Cohen noted that early project discussions can be candid and not yet public, but once a project is formally before the Council, all proceedings are public. He supported the memo as a way to document existing practices in light of public skepticism.
  • Assistant City Manager Lee Wilcox confirmed the item would go to workload analysis, with timing likely for the September 30 ROGC meeting (or possibly the next week).
  • The committee voted to approve the referral subject to workload analysis. Motion carried 5-0.

Key Outcomes

• Agenda Reviews: Approved the final agenda for September 15, 2026 (4-0) and the draft agenda for September 22, 2026 (4-0). No changes were made to the agendas.
• Consent Calendar: Approved all three consent items (5-0).
• NDA Referral: Approved the referral to evaluate policy options on Council transparency and NDAs, subject to workload analysis. The policy options will be brought back to the ROGC on September 30, 2026 (or earlier if possible).
• No Open Forum: No items were raised under Open Forum.