AR 021709 follow-up prior public comment

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DVD copy, and maintaining the City's digital recording on the City's hard drive and setting them up for re -broadcast on Channel 3 at certain times during the week following the Council meeting. During their discussions with Mr. Fuzane, the City Attorney and Finance Director viewed the DVD copy of the January 20th meeting, and confirmed that Mr. Grossich's comments were complete and were not impacted in any way. They could not view the web stream while the February 3`d Council meeting was being recorded, but the City Attorney made contact with Mr. Grossich and invited him downstairs during the meeting to view the DVD copy and further discuss his concerns. Mr. Grossich acknowledged that his concerns related only to the re -broadcast on Channel 3, and that the web stream version was not an issue and his comments were able to be seen in their entirety on the web stream. Anyone who either has or will request a copy of the DVD or who chooses to watch the meeting through the web stream, has been able to do so in its full version and see Mr. Grossich's comments in their entirety. While the February 3`d meeting was being recorded, they were also unable to view the Channel 3 re -broadcast version of the January 20th meeting (the digital recorded version on the City's hard drive), so the City Attorney asked Mr. Grossich to return downstairs with him following the meeting to view the Channel 3 re -broadcast version. Following the meeting, Mr. Grossich and the City Attorney did return downstairs to view the digital version. At that time, they in fact confirmed that most of Mr. Grossich's comments during the public comment portion of the January 20th meeting were lost somehow. The recording skipped from the tail end of the woman speaking prior to Mr. Grossich, to a very brief portion of his comments (maybe 2-3 seconds), and then he disappears and the next speaker appears (in addition to Mr. Grossich, therefore, the comments of those two speakers were also impacted to some extent). The City Attorney told Mr. Grossich that he would look into whether anyone had accessed and edited the digital recording, but that in the meantime he would ask staff to have the full DVD version re -broadcast on Channel 3. As stated above, Mr. Fuzane did in fact arrange to re- broadcast the complete version of the January 20th meeting — including Mr. Grossich's comments in their entirety — on February 5th from approximately 6:00 p.m. to 10:56 p.m. and again on Saturday February 7th from approximately noon to 4:56 p.m. During their discussions after the meeting, the City Attorney also asked Mr. Fuzane to explain for Mr. Grossich how someone would be able to access the digital hard drive version of the meeting. Mr. Fuzane explained to Mr. Grossich that it would be very difficult for someone to do so, since only he had routine access to the hard drive, and that someone would virtually have to "hack" into the server on which the recordings are stored in order to gain access. Mr. Fuzane explained that more likely than not it was a computer or electrical glitch of some sort that caused the issue, not recalling at the time the specifics of the hard drive capacity issues discussed below, which ultimately have shown to be the cause of the problem. Mr. Fuzane takes great pride in his maintenance of the recording and re -broadcast systems, and he was concerned by the allegations. INVESTIGATION - SINCE THE FEBRUARY 3RD COUNCIL MEETING Following the February 3`d meeting, staff and the City Attorney have looked into the issue further. As stated above, we have found no evidence that anyone gained access to or tampered with the digital version of the January 20th meeting. 3 ORANGE\DDERLETH\54438.6