pages: CityCouncil/2015-10-06.pdf, 9
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CityCouncil | 2015-10-06 | 9 | Councilmember Daysog inquired whether the policy regarding "public comments by policy body members" is in the context of public meetings, to which the Assistant City Attorney responded in the affirmative; stated the policy would prohibit XYZ advisory body from adopting a resolution that contradicts a policy or position that the City Council has adopted. Councilmember Oddie inquired whether the issue has happened. The Assistant City Attorney responded in the affirmative; stated the context behind the policy is related to an incident involving an East Bay Regional Park District (EBRPD) issue; the Council took a position on the issue and an advisory body felt that another course of action was more appropriate; the advisory body submitted a letter that was in direct contravention to the City Council position. Vice Mayor Matarrese stated an advisory body cannot advise if they are not allowed to disagree with, or advise, the Council. The Assistant City Attorney stated the advisory body presenting recommendations and advising the Council about why they disagree is different than the advisory body taking action to directly contradict a Council action. The City Attorney outlined the of Neptune Point example; stated Council had made a decision regarding the issue and the City was in litigation with EBRPD; the Recreation and Park Commission decided to opine on what Council should do differently. Vice Mayor Matarrese stated the language in the ordinance prohibits any action by an advisory board, including giving advice. The Assistant City Attorney stated the language could be tailored to be more specific; the intent was not to curtail advisory boards' abilities. In response to Councilmember Oddie's inquiry, the City Attorney stated the Recreation and Park Commission wrote a letter to the Council about the EBRPD issue. Mayor Spencer inquired whether the policy regarding City employees and "opinions of public concern" is included in the employee handbook, to which the Assistant City Attorney responded in the negative; stated the policy is not strongly expressed in the employee handbook but there may be some general language in the handbook or in Memorandums of Understanding. In response to Mayor Spencer's inquiry, the City Clerk stated anyone in the City's conflict of interest code, including Councilmembers, employees and board and commission members, are required to read the Sunshine Ordinance annually. Councilmember Oddie stated public employees and advisory board members are different; inquired who would be considered an advisory board member, to which the Regular Meeting Alameda City Council 9 October 6, 2015 | CityCouncil/2015-10-06.pdf |