pages: CityCouncil/2015-10-06.pdf, 15
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CityCouncil | 2015-10-06 | 15 | Mayor Spencer stated the policy body could send a letter to Council as opposed to a third party. The City Attorney clarified it is not within the authority of the advisory body to critique the final decisions of the City Council unless asked by Council; Council is the final policy maker and the advisory body should not reagendize the item; there is a distinction between individuals and the body as a whole. Mayor Spencer stated staff will come back with revised language based on Council comments. Opinions of public concern: In response to Mayor Spencer's inquiry, the City Attorney stated the issue is tied into what was already discussed; unless there are additional thoughts, staff will return with revised language. Councilmember Ezzy Ashcraft inquired why public employees and appointed officials are included in the same provision. The Assistant City Attorney responded the section merged public employees and public officials; staff's intent was to separate the two so different standards are applicable to both; the OGC felt neither was necessary; the section is somewhat redundant to the previous section which only addressed members of the policy body. In response to Councilmember Ezzy Ashcraft, the Assistant City Attorney stated there is case law which attempts to define the line in terms of what a public employee can or cannot do; the OGC recommends deleting the section regarding public employees to be handled under disciplinary matters elsewhere. Mayor Spencer stated the consensus is to delete the section. Responsibilities of Staff: In response to Mayor Spencer's inquiry, the Assistant City Attorney stated the language in Subsection (d) of Section 2-92.2 would be revised to indicate the response does not come from the elected official and would come from staff designated to respond to public records requests. In response to Councilmember Ezzy Ashcraft's inquiry, the Assistant City Attorney stated references to public officials in Subsection (d) would be removed and replaced with a more appropriate person to respond to public records act requests. Mayor Spencer stated the responsibility of the elected official is to forward the inquiry to designated staff. Regular Meeting Alameda City Council 15 October 6, 2015 | CityCouncil/2015-10-06.pdf |