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8/2/2019 Top 10 Reasons to Put Open Governance Up to a Vote
http://slidepdf.com/reader/full/top-10-reasons-to-put-open-governance-up-to-a-vote 1/6
Top 10 Reasons
to Put Transparency at City Hall up to a Vote
Check actual language of the OGA sections at http://dixonsunshine.com
1. Signing this petition gives the people the chance to decide
how open City Hall meetings and records should be. They can
vote No if they like, but the important thing is—they can vote.
The City Council refused to put this ordinance on the ballot. But
you and fellow citizens can do it with your signatures.
2. The Open Governance Ordinance (OGA), once approved by
a vote of the people, could be repealed or even amended onlyby another vote of the people. No future city council could dilute
or remove its initiative-created rights.
3. The City Council has had more than a year to pass a similar
sunshine law but has delayed consideration of the proposals
and dragged out tedious“workshops” to examine the
provisions line by line. At the recent rate, approval of a
meaningful ordinance might take another year if it came at all.
4. The OGA will put teeth in the Brown Act and the California
Public Records Act. Not only will it tighten up the rules
supporting transparency in Dixon, but to make sure they are
complied with it will:
• allow citizens to sue to enforce the OGA as well as the state
laws—challenging illegal meetings or demanding access to public
records; and
• allow citizens who win these cases to have their attorney’s
fees paid (under court order) by those really responsible—not the
taxpayers but the city attorney if his or her advice led to the
violation, or the city official(s) who got good advice from the city
attorney but disregarded it.See Section 12.01.30
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5. The OGA will provide ongoing oversight to ensure that its
requirements are carried out and needed improvements are
highlighted. The Open Governance Commission, an unpaid three-
member panel of Dixon residents with no close ties to City
employees or officials, appointed to four-year terms by the CityCouncil, will act as an ombudsman to take and resolve complaints
about failure to comply with the OGA and to recommend to the
Council any needed changes in particular practices, policies or
even the OGA itself.See Section 12.01.32
6. The OGA will keep top city staff from pursuing their own
agendas behind the scenes. While nothing indicates currentemployees need this restriction, it will be there to prevent future
problems by prohibiting:
• staff members, elected officials or their agents from
lobbying the City Council or other municipal bodies behind the
scenes, one on one or in small groups, to either “pitch or ditch” a
particular proposal headed for consideration by the body; and
• staff members acting as the Council’s bargaining agent in
labor-management negotiations when the staffer’s pay or benefits
are linked to those of the employee organization.See Sections 12.01.12, 12.01.16 A
7. The OGA will enhance and protect citizens’ interests to hear
about, attend and be heard at public meetings by requiring:
• meetings to be video streamed and held only between 6:30
and 10 on weekday evenings; See Section 12.01.05
• special meetings off the regular schedule to be held only to
address urgent matters that can’t wait for a regular meeting, toaddress matters too complex and time consuming for a regular
meeting, to meet outside the city if otherwise permitted, or to move
to a larger capacity venue to accommodate expected heavy
attendance; See Section 12.01.07 A
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• special meetings to be preceded by an agenda notice posted
72 hours in advance; See Section 12.01.07 B
• agenda packet items to be posted on the City’s website as
soon as completed, even before distribution to the City Council or
other body it was written for; See Section 12.01.08 A • members of the public to be permitted to address the City
Council or other official body on agenda items without time
constraints or self-identification, and to use projectors or other
presentation tools if city staff is given adequate notice; See Section
12.01.10 • a request by 20 or more Dixon registered voters to be
considered as a demand to add an item of their choosing to a future
meeting agenda; See Section 12.01.06 A • explanations to be given as to why an item on a posted
agenda was withdrawn from consideration; See Section 12.01.06 B
and
• iPads and other personal digital communication devices to
be used by members of the City Council or other official bodies
during meetings only if connected to a display showing the public
how the device is being used. See Section 12.01.09
8. The OGA will reduce needless secrecy in closed sessions at
official meetings by requiring:
• the city attorney, in the case of pending litigation, or
bargaining agents for the City Council in the case of employee or
real property negotiations, to precede any closed session on these
topics with a factual updating in open session on the status of
negotiations to date with the opposing parties, sharing with the
public whatever the opposing parties already know; See Section
12.01.13 B • members of the City Council or other official body to have
the chance to discuss or comment, and to answer the public’s
questions, on the need for any closed session before it is held, after
any litigation or negotiation status report; See Section 12.01.13 A
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• after any closed session where no final action was taken, a
report by the City Council or other official body on other
directions given to staff, and any vote or abstention on the matter,
followed by a time for public comment and a public re-vote; See
Section 12.01.13 C • audio recording of all closed sessions, with the recordings
to be archived and released to the public when the reason for the
lawful secrecy has expired; See Section 12.01.13 D
• an open session discussion of the desirability of any real
property transaction that the City Council is contemplating, prior to
any final decision; See Section 12.01.14
• a public statement by the City Attorney of the existing facts
and circumstances that indicate a serious enough threat of litigationagainst the City to warrant a closed session consultation, plus
release of any communications showing the threat; See Section
12.01.15 • open session discussions only concerning the City
Manager’s performance goals and objectives or proposed
compensation, and release of any related records; See Section
12.01.16 B and C and;
• a bargained agreement with an employee organization to be
released, prior to a final City Council vote, at the same time it is presented to the organization. See Section 12.01.16 D
9. The OGA will enhance and protect citizens’ ability to obtain
and understand information about City government by
requiring:
• major documents to be posted on the City’s website in
addition to being on file in the City Clerk’s office and in the
reference section of the Dixon Public Library, for example:•• Dixon Municipal Code;
•• Building Code;
•• General Plan and Area Plans;
•• Zoning Ordinance;
•• Landmarks Preservation Ordinance;
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•• Records Retention Schedule;
•• Council Rules of Procedure;
•• Conflict of Interest Code;
•• Statements of Economic Interest;
•• Active city agreements/contracts; and•• Officials’ appointment calendars; See Section 12.01.27
• creation by the City Clerk over a year’s time (and
permanent maintenance and updating thereafter) of a city records
Research Index showing which documents, kept in which
departments and offices, contain which information, for how long,
and for what purpose, to be posted on the City’s website in
addition to being on file in the City Clerk’s office and in the
reference section of the Dixon Public Library, also showing whichrecords are “open” (freely accessible), “partly open” (containing
some accessible information), or “closed” (disclosure prohibited),
plus the legal basis for the latter two categories. See Section 12.01.28
• systematic logging and tracking by the City Clerk of all
requests for City information, and the responses given, with an
annual report in the budget document of how completely and how
soon the requests were processed; See Section 12.01.19 A and C
• responses to records access requests by email (if an addressis provided) acknowledging receipt of the request within one
business day, with reasonable effort to make documents available,
or explain why they are not available, within two business days;See Section 12.01.19 B
• responses declining to release records to be supported not
only by reference to a legal exemption from disclosure but by any
examples of how disclosure would expose the City to civil or
criminal liability; See Section 12.01.19 E
• a limit of five cents per page for copies of public recordsunless the City can prove its costs of reproduction exceed that
amount; See Section 12.01.20 and
• prosecution as a misdemeanor of any hindrance to the
release of public information by falsely denying that it exists in the
City’s possession. See Section 12.01.19 D
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10. The OGA will reduce needless secrecy in withheld public
records by requiring:
• draft versions of a policy, action or agreement proposed for
approval by the City Council or other official body, and related
communications among staff, elected officials and others to bereleased for public review 15 days before presentation to the body
at a meeting; See Section 12.01.21
• all job applications to be public when submitted; See Section
12.01.23 • attorney communications with city officials to be public
concerning:
•• a conflict of interest, actual or potential;
•• a proposed ordinance or other city rule or administrative action;
•• ongoing negotiations with those filing a legal claim
against the City; and
•• analysis of, liability under or advice on compliance
with the Brown Act, the California Public Records Act, the
Political Reform Act, any governmental ethics code, or the
Open Governance Act; See Section 12.01.22
• records of police investigations to be available to the public
to the extent permitted by state or federal law when:•• any resulting prosecution has been through the courts
and the case is resolved; or
•• the district attorney announces that a prosecution will
not be sought; or
•• the statute of limitations for prosecuting the case has
expired. See Section 12.01.24 A and B
• statistical information without identities to be compiled and
released by the police department concerning the number, type andresolution of citizen complaints alleging officer misconduct, and
any discipline imposed. See Section 12.01.24 C