pages: CityCouncil/2016-04-05.pdf, 11
This data as json
body | date | page | text | path |
---|---|---|---|---|
CityCouncil | 2016-04-05 | 11 | the 4th line down, and adding " nothing in the section, or in the Charter stating "Nothing shall be construed to provide rights to appointed policy members " Vice Mayor Matarrese suggested deleting the entire redline section from 10.9 through "new private cause of action." Councilmember Oddie stated he is concerned a private cause of action will be created. Mayor Spencer stated that she also suggests deleting the entire redline section; she supports the Open Government Commission's decision on the issue. Councilmember Oddie agrees with taking out the part that refers to the City Charter and the mention of the Council being able to remove someone; there should be a protection against cause of action. Mayor Spencer inquired why including something would be necessary. The Assistant City Attorney responded the section is not critical, it gives the City the most protection. Councilmember Ezzy Ashcraft suggested a new sentence: "Nothing in the section shall be construed to provide rights to appointed policy body members beyond those recognized by law or to create any new private cause of action." Vice Mayor Matarrese moved adoption of the ordinance with the exception of: removing the redline in Section 2-91.17; adding the words "to require training sessions when there are substantial revisions to the ordinance;" and to include clean up changes described by the Assistant City Attorney. Councilmember Daysog inquired what is staff's recommendation; stated he supports staff's recommendation. The Assistant City Attorney responded that Councilmember Ezzy Ashcraft's suggestion is a good one for providing support against potential litigation being filed. Mayor Spencer stated her concern is that it would be unsettling to members of the public to serve or speak. Vice Mayor Matarrese stated he agrees with Mayor Spencer that the risk is low enough to excise the entire section that is redlined. Mayor Spencer seconded the motion, which FAILED by the following voice vote: Ayes: Vice Mayor Matarrese and Mayor Spencer - 2. Noes: Councilmembers Daysog, Ezzy Ashcraft and Oddie - 3. Councilmember Ezzy Ashcraft moved approval of an identical motion to Vice Mayor Regular Meeting Alameda City Council April 5, 2016 | CityCouncil/2016-04-05.pdf |