pages: OpenGovernmentCommission/2015-02-02.pdf, 28
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OpenGovernmentCommission | 2015-02-02 | 28 | private cause of action or offense to disciplinary action" is really good language, except it has been negated in the first sentence; the last sentence says an employee can be disciplined and this first sentence says cannot. Commissioner Bonta stated the first sentence says an employee cannot be disciplined for expression of personal opinions when not materially misrepresenting their position as an employee of the City. The Assistant City Attorney stated this area of the law is not clear; a person has certain constitutional rights; the idea is that the ordinance should not create additional rights beyond that which is already recognized by law; in other words, the ordinance would not give a separate cause of action if someone expresses an opinion and is disciplined for it; the City does not want the fifth cause of action to be a violation of Section 2-92.6 of the Alameda Municipal Code. Commissioner Bonta suggested the Section be redrafted perhaps adding the language provides "additional rights" to the last clause. The Assistant City Attorney stated Section 14 is just housekeeping, clarifying language; Section 15 has been moved to the Section on posting of information; Section 16 has been moved into a previous section dealing with providing records; Section 17 would change the training from every year to every third year; the video is available to anybody elected, appointed or hired. Commissioner Bonta questioned whether Section 2-92.15 on requests by email stating an email has to be acknowledged by similar communication is limiting; stated there are probably instances when calling would be helpful. The Assistant City Attorney stated the Section can be made broader; continued that completes [the review] all of the changes which were discussed in October; staff will redraft the ones the Commissions suggested be worked on; if there is anything else the Commission feels needs some fine tuning or wholesale changes, please let staff know. Vice Chair Foreman inquired when it will be ready; stated there is no hurry but the Commission is going to have to have a special meeting. The Assistant City Attorney responded sometime in March or April. Vice Chair Foreman inquired whether the Commission should schedule the meeting. The City Clerk responded the bylaws set Mondays at 7:00 p.m. as the meeting date; stated March 2nd would require the packet to go out February 23rd, which is a little tight; for April 6th, the Commission would receive the packet on March 30th. The Assistant City Attorney stated April 6th is doable. Meeting of the Open Government Commission February 2, 2015 28 | OpenGovernmentCommission/2015-02-02.pdf |