City Council

MINUTES CITY OF DEKALB COMMITTEE OF THE WHOLE MEETING JUNE 12, 2017 The City Council of DeKalb, Illinois held a Committee of the Whole meeting on June 12, 2017, in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Smith called the meeting to order at 5:00 p.m. A. ROLL CALL City Clerk Herrmann called the roll, and the following members of the City Council were present: Alderman Mike Marquardt, Alderman Pat Fagan, Alderman Kate Noreiko, Alderman Mike Verbic, Alderman Tony Faivre, and Mayor Jerry Smith. Alderman Dave Jacobson arrived at 5:02 p.m. Alderman Bill Finucane was absent. Also present were: City Manager Anne Marie Gaura, Assistant City Manager Patty Hoppenstedt, City Attorney Dean Frieders, Interim Finance Director Jeff Wilkins, Police Chief Gene Lowery, Fire Chief Eric Hicks, Community Development Director Jo Ellen Charlton, Public Works Director Tim Holdeman, Information Technology Director Marc Thorson, Human Resources Director Cris Randall, Management Analyst Aaron Stevens, Deputy City Clerk Ruth Scott, and City Clerk Susanna Herrmann. B. ITEMS ALSO ON THE REGULAR AGENDA There were none. C. CONSIDERATIONS 1. FOIA System Mayor Smith read aloud communications he received from Mr. Mark Charvat. Mayor Smith noted some of the key points from Mr. Charvat’s comments, which included:  What was the rationale behind the removal of the FOIA e-mail address from the City’s website?  Why did City staff implement a policy change without a public discussion with Council?  Issues he’s experienced with the FOIA portal.  The FOIA portal on the City’s website not being in compliance with the Americans with Disabilities Act (ADA) and how much it will cost to remedy the situation. Committee of the Whole Meeting Minutes June 12, 2017 Page 2 of 5  Why City staff are refusing to provide citizens with FOIA information via e-mail when requested?  Is the chosen portal vendor providing the City with the best possible price for the service?  Can the Police Department’s FOIA request database be combined with the existing database for the City’s FOIA requests? Mayor Smith stated that in Mr. Charvat’s closing communication comments, he reminded him (the Mayor) of his own words that “it’s a new day in DeKalb”, and stated it was time for him (the Mayor) to prove it by fixing the problems that City staff is creating with the new FOIA system. The second communication that Mayor Smith read aloud was from the City’s former Mayor, John Rey. Mr. Rey wrote to Management Analyst Stevens that he is impressed with the amount of information available on the new FOIA system. D. PUBLIC PARTICIPATION Mac McIntyre congratulated Mayor Smith on the talent he displayed to be concise in presenting Mr. Charvat’s points. He began his participation by expressing his concerns with the new FOIA system. Mr. McIntyre stated that when he found out the policy regarding FOIA requests had changed and FOIA requests were no longer being accepted via email, he became alarmed because of his knowledge regarding FOIA guidelines provided in a FAQ section of the FOIA Handbook from the Attorney General. According to Mr. McIntyre, the guidelines in the handbook clearly state that a form can be created for citizens to use when making a FOIA request. However, demands cannot be made that they do so. He continued by sharing his experience with the new FOIA system on the City’s website compared to one he had in Sycamore. Mr. McIntyre continued, providing information on the contact he’s had with Management Analyst Stevens, who is also the City’s FOIA Officer. He also stated that he has suggested that repairs could be done to the FOIA system and the City’s website pertaining to accessibility by making documents easier to read, providing residents with multiple methods to make FOIA requests, and making the website more mobile friendly. He stated that the inaccessibility of the portal alone is a violation of FOIA regulations. Mr. McIntyre stated that the cost of building the City’s website exceeds the spending authority of City Manager Gaura and the process by which it was accomplished is an example of City staff not being transparent. He also mentioned the risk of identity theft on the City’s website because of the lack of security measures in place. Assistant City Manager Hoppenstedt provided an overview of the new FOIA system, including its purpose and its approval as a budgeted expense. She also provided Committee of the Whole Meeting Minutes June 12, 2017 Page 3 of 5 historical information regarding its development. She stated that Management Analyst Stevens became part of the project development to help finalize the vendor selection and emphasized that the new FOIA system is provided to the City as a “standalone software” and is not a part of the City’s website. Assistant City Manager Hoppenstedt continued with an overview of the background on GovQA, the vendor selected to provide the new FOIA system. Mayor Smith asked for clarification of the separation between the City’s website and the standalone, separate, software system that powers the FOIA system. Assistant City Manager Hoppenstedt explained that it is designed to make the user feel as if they have not left the City’s website, but if you access the FOIA system you will be taken to the GovQA website. Alderman Fagan asked Assistant City Manager Hoppenstedt if the City considered ADA compliance when deciding which vendor to choose to provide the new FOIA system. Assistant City Manager Hoppenstedt replied that they did receive feedback from the community regarding functionality issues with the system that related to ADA compliance. She mentioned that Information Technology Director Thorson contacted GovQA regarding these functionality issues and they were able to make the changes necessary to ensure compliance with ADA regulations. Information Technology Director Thorson explained that there were contrast issues with color on the City’s website, stating that anyone with color impairment would have had trouble reading the literature provided on the website. He added that GovQA made all of the changes that were asked for by City staff. Assistant City Manager Hoppenstedt indicated that the changes made by GovQA were implemented at no additional cost to the City. Management Analyst Stevens provided an overview of the new FOIA system and reiterated the City’s willingness to process FOIA requests by any means received. He proceeded to provide a presentation of how to submit a FOIA request using the new FOIA system via the City’s website. Management Analyst Stevens continued with his presentation and went over some of the administration features of the FOIA system, which will allow staff to develop reports by collecting statistical information based on the FOIA requests being made. Mayor Smith asked Management Analyst Stevens if he was prepared to answer questions regarding his presentation, to which he replied yes. Noting the time, Mayor Smith then expressed generalized frustration with Committee of the Whole meetings, explaining that Council hasn’t had enough time to discuss or process the information being provided regarding the new FOIA system. He suggested that the discussion be carried over into a later Committee of the Whole meeting as opposed to starting the Regular meeting of Council later than 6:00 p.m. Committee of the Whole Meeting Minutes June 12, 2017 Page 4 of 5 Management Analyst Stevens discussed the e-mail address formerly used to receive FOIA requests, stating it was never brought forth as a policy and the implementation of the new FOIA system eliminated the need for the e-mail address. He continued by stating that the City continues to accept FOIA requests that are submitted outside of the new FOIA system, as legally required. Management Analyst Stevens addressed Mr. McIntyre’s concerns regarding browser compatibility and security protocol, and encouraged him to personally contact him if he had any further issues. Alderman Noreiko asked Management Analyst Stevens if there was any notice given to the community that the procedure for filing a FOIA request would change. Management Analyst Stevens responded yes, there was information put on the City’s website and that there would be a procedural change regarding the submission of FOIA requests. Assistant City Manager Hoppenstedt added that information was also provided via social media. Alderman Jacobson asked for clarification regarding FOIA request restrictions and how a City staff member should respond to FOIA requests if they are not a FOIA Officer. Management Analyst Stevens replied that any City staff member receiving a FOIA request should direct the requestor to the FOIA Officer. Assistant City Manager Hoppenstedt provided historical perspective on the process by which the City previously handled FOIA requests. She explained that the new FOIA system will allow City staff to handle the requests more efficiently. Alderman Jacobson asked for clarification regarding how the portal relates to a potential violation of the FOIA if a citizen chooses not to use the system. Assistant City Manager Hoppenstedt reiterated that citizens are not required to submit requests through the system and pointed out that contact information for Management Analyst Stevens is available on the City’s website. City Attorney Frieders provided historical perspective on the process for filing a FOIA request with the City. He emphasized the efficiency of the new FOIA system and discussed how it benefits the City and its residents. Mayor Smith commented that the DeKalb Public Library could have tutorials on how to navigate the City’s website. He suggested that at a future date, Council and City staff could host a gathering for community members in order to walk them through the process of filing a FOIA request on the City’s website. Mayor Smith reiterated his desire to continue discussion on this item at a future Committee of the Whole meeting. D. PUBLIC PARTICIPATION Misty Haji-Sheikh stated that the City will have to make an effort to reach out to all types of citizens. She mentioned the senior citizen community and expressed the importance of them being provided with a procedure they are comfortable utilizing. Committee of the Whole Meeting Minutes June 12, 2017 Page 5 of 5 E. RECESS FOR EXECUTIVE SESSION OF THE CITY COUNCIL 1. Approval to Hold an Executive Session to Discuss Pending or Imminent Litigation as Provided for in 5 ILCS 120/2(c)(11). Not acted on. F. ADJOURNMENT MOTION Alderman Jacobson moved to adjourn the Committee of the Whole Meeting; seconded by Alderman Faivre. VOTE Motion carried on a 7-0-1 voice vote. Aye: Jacobson, Marquardt, Fagan, Noreiko, Verbic, Faivre, and Smith. Nay: None. Absent: Finucane. _____________________________________ SUSANNA HERRMANN, City Clerk Approved by City Council July 10, 2017.