pages: CityCouncil/2015-10-06.pdf, 8
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CityCouncil | 2015-10-06 | 8 | a member of the public; it is up to the Council to decide which, if any, of the amendments should be included. Mayor Spencer inquired whom does a member of the policy body share information with if they have information separate from an opinion and cannot attend the meeting. The Assistant City Attorney responded under the proposal, the member may share information or have conversation with someone other than the body which is considering the matter; their information or conversation would not be part of the public record upon which the decision would be presumably made. The City Attorney stated the non-present member could call an employee who staffs the policy body to share a factual situation; the staff member could provide the information to the entire body. In response to Councilmember Oddie's inquiry, the City Attorney stated Councilmembers do not have proxies; the problem is opening the door for confusion; additional weight is given to a member of a body addressing fellow members than a member of the public; a member's obligation is to present, listening and debating, not to "phone it in.' Mayor Spencer stated that she did not believe that was the question. Councilmember Daysog inquired whether the policy refers specifically to information being shared during meetings, to which the Assistant City Attorney responded in the affirmative. In response to Councilmember Oddie's inquiry, the Assistant City Attorney stated it is certainly possible that a member who is not going to be present at a meeting could give his or her comments to a third party without indicating the source of the information; the third party could read the information at the podium before the body; the rest of the body would not know the source of the information so it could be transmitted that way; the concept is that the information would not be specifically from the absent member and therefore would not carry the same weight. Councilmember Oddie inquired whether the issue is an existing problem. The City Attorney responded that she is aware of one problem when a Planning Board member was told they could not submit comments if they were going to be absent from the meeting. The Assistant City Attorney stated his office advised the department that submitting comments and being absent was not prohibited at the time; the City Attorney's office broached the matter to the Open Government Commission (OGC) as to whether it is a good or bad policy, thus the issue is before Council tonight. Regular Meeting Alameda City Council 8 October 6, 2015 | CityCouncil/2015-10-06.pdf |