pages: CityCouncil/2021-06-01.pdf, 12
This data as json
body | date | page | text | path |
---|---|---|---|---|
CityCouncil | 2021-06-01 | 12 | (21-383) Introduction of Ordinance Amending the Alameda Municipal Code, Including Section 2-22 (Open Government Commission) and Article VIII (Sunshine Ordinance) of Chapter Il (Administration) to Establish a Hearing Officer Form of Adjudication of Sunshine Ordinance Complaints, Clarifying Enforcement Provisions, and Providing for Other Updates and Enhancements to the Sunshine Ordinance. Not introduced. The City Attorney gave a brief presentation. Stated that he has been honored to work with residents committed to the objectives of the Sunshine Ordinance; outlined his experience on the Open Government Commission (OGC); stated the OGC is capable of performing its functions; OGC cases have been adjudicated efficiently; outlined the OGC being tasked with putting teeth into the null and void provision; urged Council to adopt an interim measure recommended by the OGC: Bryan Schwartz, Alameda. Stated that she is surprised the matter is coming directly to the City Council without an open public hearing first; expressed support for strong principles of good government, including transparency and public trust; stated the proposed matter seeks to diminish the role of appointed Commissioners from the review process and weakens the role of the Commission; urged Council to consider options other than moving the functions to a Hearing Officer; outlined options for Council and staff; expressed support for the OGC having independent legal counsel; outlined issues brought forth to the Rent Review Advisory Committee (RRAC) : Karen Butter, League of Women Voters. Outlined the genesis of the Brown Act; stated it is up to a City to decide how to enforce the Brown Act; the Sunshine Ordinance is patently flawed in how it is used by the City; there have been more complaints due to more recent violations; expressed concern over manipulation of the OGC; stated the arguments to justify the proposed changes are absurd; it is inappropriate to have a Hearing Officer; people in Alameda should be able to make their own decisions: Jay Garfinkle, Alameda. Stated that she is surprised to see the proposal on the Council agenda; she outlined concerns in correspondence submitted; there are trust and communication issues between the OGC and City Attorney's Office; a collaborative dynamic path is being created; if Council desires the insight of the OGC, clearer guidance needs to be provided; it is presumed that Council would like to receive unfiltered recommendations from the OGC to avoid miscommunication; it is prudent for Council to consider a hybrid or bifurcated model for adjudication rather than a Hearing Officer model; there is merit to creating an avenue for legally nuanced complaints; Commissioners bring a lived experience as community members engaged with local government; expressed concern about multiple aspects of the OCG proposed revisions to the Sunshine Ordinance being omitted; urged Council consider additional recommendations: Krystal LoPilato, OGC. Expressed concern about the recommended changes to the OGC duties without seeking comments from Commissioners; stated an open and honest conversation could have led to a greater understanding of concerns; the central focus of the Commission is Regular Meeting Alameda City Council June 1, 2021 11 | CityCouncil/2021-06-01.pdf |