Showing posts with label Mayor Dave Potter (2018-2020). Show all posts
Showing posts with label Mayor Dave Potter (2018-2020). Show all posts

Wednesday, April 15, 2020

CITY COUNCIL SPECIAL MEETING AGENDA, April 15, 2020


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
CITY COUNCIL SPECIAL MEETING
Wednesday, April 15, 2020

Monday, March 30, 2020

CITY COUNCIL AGENDA SPECIAL MEETING, March 30, 2020


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
CITY COUNCIL SPECIAL MEETING
Monday, March 30, 2020

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
March 30, 2020
ORDERS OF BUSINESS
Resolution ratifying the Director of Emergency Services Order No. 20-1 staying evictions in the City of Carmel-by-the-Sea

Tuesday, March 24, 2020

City Government’s Lack of a Meaningful Public Servant/Service Ethic

In a response to a public records act request, Britt Avrit, MMC, City Clerk, stated, as follows:

“Due to the Shelter in Place order, City offices are closed. Services not considered essential for the protection of public health and safety, such as responding to public records requests within the statutory time frames, are impacted. A response to your public records request will be provided as soon as possible upon the City's return to providing nonessential services. “

No better evidence exists for our City government’s lack of a meaningful public servant/service ethic.

Importantly, the First Amendment Coalition articulated in a Statement entitled “Coalition Urges Compliance With California Public Records Law Amid COVID-19 Crisis,” dated March 23, 2020, “In response to the COVID-19 pandemic, some government agencies in California have announced that they intend to stop responding to California Public Records Act requests until the crisis passes. There is no legal basis for this extraordinary step. The California Public Records Act, Gov. Code § 6250, et seq., remains the law of the land, and Article I, section 3(b)(1) of the California Constitution provides that “The people have a right of access to information concerning the conduct of the people's business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.”

The public’s right of access remains and is crucial in times of crisis. Just as the government’s power is at its apex during a crisis, the importance of the public’s right to know how their government is wielding that power could not be greater.

We recognize and understand the difficult choices that government agencies must make right now. Delayed responses to Public Records Act requests may be inevitable. But agencies have an obligation to take all reasonable measures to preserve and effectuate the rights of Californians to understand their government — rights which our Legislature has recognized are “fundamental” and “necessary” and our Supreme Court has held are “essential to the functioning of a democracy.” (See Gov. Code § 6250 [access to information is "a fundamental and necessary right of every person in this state"]; Int’l Fed’n of Prof’l & Tech. Eng’rs, Local 21, AFL-CIO v. Superior Court (2007) 42 Cal.4th 319, 328 [“Openness in government is essential to the functioning of a democracy.”].)

The coronavirus pandemic is not California’s first major crisis, and the Legislature has never authorized the suspension of the California Public Records Act. It enacted that law specifically “to safeguard the accountability of government to the public, for secrecy is antithetical to a democratic system of government of the people, by the people and for the people.” (See San Gabriel Tribune v. Superior Court (1983) 143 Cal.App.3d 762, 771-72.) Moreover, the Governor’s recent emergency orders do not waive any of the California Public Records Act’s requirements.

While we acknowledge the extraordinary stresses that government agencies face right now, we urge all government agencies to comply with the California Public Records Act and the California Constitution and take all reasonable measures to continue to provide information to the public and the press during these exceptionally difficult times.


In declaring an “emergency in response to the COVID-19 crisis” and determining “that responding to public records requests within the statutory time frames are not essential services,” the City has not provided legal justification. To reiterate, with this action, the City has provided no better evidence for its lack of a meaningful public servant/service ethic.


REFERENCES:
FIRST AMENDMENT COALITION
Defending Free Speech & The Public’s Right To Know

Coalition Urges Compliance With California Public Records Law Amid COVID-19 Crisis
March 23, 2020

FAC Joins Nationwide Coalition Urging Transparency And Access In Response To COVID-19
March 20, 2020

Thursday, March 12, 2020

Wednesday, February 26, 2020

Thursday, January 02, 2020

Wednesday, November 27, 2019

Sunday, October 27, 2019

Monday, September 30, 2019

STATE OF CALIFORNIA DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (DOSH): Sunset Cultural Center - Inspection 1380281

ABSTRACT:  The Inspection Report. State of California Division of Occupational Safety and Health (DOSH): Sunset Cultural Center - Inspection 1380281, including CITATION AND NOTIFICATION OF PENALTY and NOTICE OF PROPOSED PENALTIES document copy is embedded.

Inspection Report
State of California Division of Occupational Safety and Health (DOSH):
Sunset Cultural Center - Inspection 1380281

BEFORE THE STATE OF CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD In the Matter of the Appeal of: SUNSET CULTURAL CENTER, INC. Employer (Inspection No. 1380281): NOTICE OF DOCKETED APPEAL & AMENDED NOTICE OF EXPEDITED CONFERENCES AND HEARING

ABSTRACT: The appeal of SUNSET CULTURAL CENTER, INC. “has been approved and docketed.  However it remains in the Expedited category and has been scheduled for expedited conferences and hearings," according to Phyllis Eldredge, OSHAB Headquarters, Sacramento. The Notice of Docketed Appeal and Amended Notice of Expedited Conferences and Hearings document copies are embedded.  Importantly, SUNSET CULTURAL CENTER, INC Appeal of:
CITATION AND NOTIFICATION OF PENALTY
CITATION No.: 1 ITEM No.: 1
__ NOTIFICATION OF FAILURE TO ABATE ALLEGED VIOLATION
__ SPECIAL ORDER / ORDER TO TAKE SPECIAL ACTION
Specific ground(s) for this appeal are:
X The safety order was not violated.
X The proposed penalty is unreasonable.
CITATION AND NOTIFICATION OF PENALTY
CITATION No.: 2 ITEM No.: 1
__ NOTIFICATION OF FAILURE TO ABATE ALLEGED VIOLATION
__ SPECIAL ORDER / ORDER TO TAKE SPECIAL ACTION
Specific ground(s) for this appeal are:
X The safety order was not violated.
X The classification (i.e. serious, willful, repeat) is incorrect.
X The proposed penalty is unreasonable.


NOTICE OF DOCKETED APPEAL

AMENDED NOTICE OF EXPEDITED CONFERENCES AND HEARING
OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD

1. A status conference will be conducted by telephone with:
Judge Martin Fassler on August 26, 2019 at 9:30 a.m.

2. A prehearing conference will be conducted by telephone with:
Judge Martin Fassler on October 14, 2019 at 1:30 p.m.

3. A hearing has been set at:
Location: 1515 Clay Street, Rm 1303
                Oakland, CA 94612
Date and time: December 3, 2019 at 9:00 a.m.
Judge: Martin Fassler