pages: CityCouncil/2020-05-06.pdf, 4
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CityCouncil | 2020-05-06 | 4 | would not be comfortable trying to overturn the will of the voters with a democratic process by writing into the Charter something that would usurp the political voice of the constituents; the right to vote is very sacred and should be upheld to the highest extent possible; there have been a number of cases of political intrigue that have happened over the years; Alameda's Charter needs to stand up to Constitutional muster and Council needs to be thoughtful about what goes into it; being a Charter City there are a number of areas where Council can legislate, but there are also areas that are precisely and explicitly carved out under the Constitutions of the United States and State of California; suggested removing gender terms; stated language should be changed throughout; she is willing to support Vice Mayor Knox White's proposal; the term "influencing" is overbroad and important to deal with as there are a lot of things that are not ill-intended that could fall under influencing. Councilmember Oddie stated that he concurs with Councilmember Vella's comments; the issue is two and a half years old; he wants to frame his remarks about moving forward; he appreciates the language proposed by Vice Mayor Knox White, but wants to focus on what he thinks is the most important sentence in that the City Council may further implement the section by ordinance, resolution or its Rules of Conduct; the Code of Conduct needs to be brought back in order for the public to see the big picture; it outlines the levels of inquiry and discipline; keeping both together are critical to having the public understand that Council takes the issue seriously; implementing the recommendations of the Grand Jury in a way that improves City government is important; the Constitution exists to control the worst impulses of politicians; the Constitution has a due-process clause; one of the weaknesses in the alternative proposal is that there is a mechanism to remove someone just based on an accusation; he appreciates the statements made in the Jenkins report; quoted some of the language; stated an extra statutory recall provision is not appropriate; care needs to be taken in the future not to vest political power because there could be the tyranny of the majority; Council needs to protect the rights of any future Councilmember and the rights of their constituents; he looks forward to the Code of Conduct. Mayor Ezzy Ashcraft stated that she concurs with Councilmembers Vella and Oddie and does not favor a recall election be a part of the modification; care should be taken to be non-partisan as possible; it should not be up to a City Council whether or not to pursue a special election; in addition to usurping the rights of voters to choose, special election costs need to be recognized; staying away from selective enforcement is important; she prefers a simpler and straight forward method of drafting regulations so it is easily understood and not ambiguous; addressed issues raised by public comment about the timing of the special meetings; stated direction was given to Council in July, 2019 at a public meeting with ample opportunity for public comment; the three Councilmembers who were able to vote accepted the findings of the Grand Jury and agreed to investigate and make amendments so the Charter delineates specific types of misconduct that constitute a violation, as well as outline an enforcement process; the Vice Mayor's proposed language changes do so; Council respects the right of the voters; Charter provisions need to be amended by a vote of the people; Council plans to meet in June to Special Meeting Alameda City Council 4 May 6, 2020 | CityCouncil/2020-05-06.pdf |