While there are several things wrong with the city’s new Freedom of Information Act policy when it comes to direct violations of FOIA as a law, there is also something larger and more insidious at work here.
What I’m talking about is that the FOIA policy item was placed as a resolution on the consent agenda of the meeting. The move side-stepped the obligation to hold first and second readings and have a final roll call vote.
An even more basic error is that the city is now writing resolutions where they should be crafting ordinances. The consequence is that there are now a bunch of rules that now ostensibly apply to us, that we can’t look up in the Municipal Code. If we don’t stop this trend, we’ll end up with a bunch of “handbooks” with rules that the public is expected to follow, but which much of the public can’t access, or perhaps won’t even know exist.
What’s the difference between a resolution and an ordinance? An ordinance is a permanent, enforceable local law. A resolution is a written statement of a municipality’s opinion, will or intent.
Here’s an example of a resolution. It has a lot of “whereas-es” explaining the intent to authorize an intergovernmental agreement, and more importantly it’s not trying to regulate Jen Q. Public.
I believe the city passed this measure as a resolution in order to avoid public discussion and to keep the provisions off the books and therefore out of the hands of people who would embarrass them about their missteps.