pages: OpenGovernmentCommission/2021-03-01.pdf, 21
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OpenGovernmentCommission | 2021-03-01 | 21 | Commissioner Chen stated that she was going with Commissioner LoPilato's initial long list as it puts in the public record why the OGC made the decision; under the Brown Act, there is an assumption that government moves so quickly and is so intricate that there will be violations of certain aspects, but if they turn around and correct the violations, they do a self-cure and correct, the Brown Act has that kind of elasticity in it to allow that to happen; even if it is found that the RPC violated the Brown Act, they already cured and corrected it and there is no case. Commissioner LoPilato restated her original motion with the following basis: 1) the complaint was not properly before the Commission on a procedural level, 2) it requires legal analysis outside the scope of the Commission's authority, 3) it requested a remedy beyond the Commission's authority to resolve a Sunshine Ordinance complaint, and 4) if analysis is limited to actions that occurred and whether they violated the Sunshine Ordinance, the complaint itself is untimely under Section 2-93.2a; separately, despite all these factors, there are various indications in the record that the Sunshine Ordinance was complied with in full and any alleged violation was cured. Chair Tilos and Commissioner Chen indicated their consensus with Commissioner LoPilato's comments. In response to Chair Tilos's inquiry, the City Clerk stated once the document is compiled, the three voting members will sign it. The Chief Assistant City Attorney stated a renewed motion should be made to make it abundantly clear that all Commissioners voted on that basis. Commissioner LoPilato moved for a renewed motion on the basis as just set forth. Chair Tilos seconded the motion, which carried by the following roll call vote: Commissioners Chen: Aye; LoPilato: Aye; Chair Tilos: Aye. Ayes: 3 - Absent: 2 (Commissioners Reid and Shabazz). 3-D. Discuss and Provide Recommendations Concerning Potential Amendments to Article VIII (Sunshine Ordinance) of Chapter Il (Administration) of the Alameda Municipal Code, as Amended, to Replace "Null and Void" Remedy. [Not Heard] COMMISSION COMMUNICATIONS Commissioner Shabazz stated the OGC is a really energetic and enthusiastic group with different strengths; he hopes they could all build on those strengths to come together with a longer term plan; he sent staff an outline of areas and questions that could be considered for the plan over the next couple of months; announced that he will be hosting a Public Records Workshop on March 15th The Chief Assistant City Attorney stated Item 3-D was continued to the next meeting. Meeting of the Open Government Commission March 1, 2021 21 | OpenGovernmentCommission/2021-03-01.pdf |