pages: OpenGovernmentCommission/2018-12-17.pdf, 6
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OpenGovernmentCommission | 2018-12-17 | 6 | City Attorney is in the middle, should be advising the Commission and has a conflict; further stated the City should consider hiring independent, private counsel to represent the Commission when a complaint is heard. In response to Commissioner Dieter's inquiry regarding who has authority to request a re-hearing, the Interim City Attorney stated the request could come from a number of different sources; in this case, because the City Attorney's office did not do an accurate job of laying out what the Commission could do, it was incumbent upon the City to provide the information to the Commission and the Council so that the issue could be fully vetted and addressed. The Commission agreed to hear the public comments. 3-A. Hearing on the Sunshine Ordinance Complaint Filed October 30, 2018 and the November 14, 2018 Open Government Commission Hearing and Decision, Including Scope of Legal Authority of the Open Government Commission to Impose Certain Penalties under the Sunshine Ordinance and Potential Next Steps. Stated he is satisfied with the outcome of tonight's meeting and does not feel the Commission's decision encroaches on the Council's legislative authority: Richard Bangert, Alameda. Read the League's letter supporting the Commission's decision: Karen Butter, League of Women Voters. Thanked the Commission for reaffirming his faith in government: Bill Smith, Alameda. Commissioner Foreman stated what the Commission did tonight is not an exercise or delegation of legislative power; it is a quasi-judicial function and the same penalty that would have been suffered under the Brown Act. In response to Chair Little's inquiry regarding calling the question, the City Clerk stated she already called the question and the previous decision was upheld: 4 to 1 with Commissioner Schwartz absent. 3-B. Hearing on Sunshine Ordinance Complaint Filed December 4, 2018. [Withdrawn without prejudice] COMMISSIONER COMMUNICATIONS Chair Little thanked Commissioners Foreman and Dieter for their service; stated having them participate in tonight's meeting was important. ADJOURNMENT There being no further business, Chair Little adjourned the meeting at 7:49 p.m. Meeting of the Open Government Commission December 17, 2018 6 | OpenGovernmentCommission/2018-12-17.pdf |