Title
Accept the Annual Report
Body
To: City Council
From: Open Government Commission
Date: January 29, 2024
Re: 2023 Annual Report
I. Purpose of Report
Alameda Municipal Code section 2-22.4(d) requires the Open Government Commission to “[r]eport in writing to the City Council at least once annually on any practical or policy problems encountered in this administration of the Sunshine Ordinance.” This report aims to fulfill that duty for 2023 by addressing Sunshine Ordinance implementation issues which arose during the 2023 calendar year.
II. Background / History
The Open Government Commission has two core purposes outlined in the Alameda Municipal Code: (1) to advise the City Council on administration of the Sunshine Ordinance and (2) to hear and decide complaints of violations of the Sunshine Ordinance. (A.M.C. section 2-22.1.) The Commission is directed by statute to meet as necessary to perform duties outlined in the Alameda Municipal Code. (See A.M.C. sections 2-22.3 - 2-22.4.)
On November 6, 2023, the Commission asked the City Clerk to prepare the 2023 Annual Report.
Complaints: The Commission met four times during 2023 and also met on January 29, 2024 to address two complaints filed in December 2023. At these meetings, six complaints were heard. The 2023 complaints are listed in Appendix A. In addition, a complete list of all Commission Decisions are posted on the City of Alameda Open Government Commission website at:
<https://www.alamedaca.gov/GOVERNMENT/Boards-Commissions/Open-Government-Commission>
Public Records Requests: 2023 Public Records Requests are included in Appendix B.
III. Practical or Procedural Issues Encountered in the Administration of the Sunshine Ordinance Addressed by Commission and Staff During 2023 (if any)
A. April 4, 2023 - No complaints were heard and no issues were raised.
B. July 11, 2023 - The OGC heard a complaint filed by Chris Lloyd alleging a violation of Sunshine Ordinance Section 2-91.5 related to a motion at the May 2, 2023 City Council meeting. The Commission discussed addressing confusion over motions to reconsider in the annual report. The complaint was denied by 3 ayes and 2 noes.
C. August 7, 2023 - The OGC heard a complaint filed by Shelby Sheehan regarding access to public records expressing concern about links to documents on the City’s website. The Commission agreed the annual report should include improving practices to make documents listed in staff reports easy to find. The complaint was denied by 5 ayes.
D. November 6, 2023 - The OGC heard two complaints filed by Shelby Sheehan regarding public meetings and access to public records. The first complaint alleged violations related to final passage of an ordinance on the September 19, 2023 City Council meeting. The Commission did not raise any issues for the annual report and voted the complaint as unfounded by 3 ayes, 1 no and 1 absent. The second complaint alleged violations related to final passage of an ordinance on October 3, 2023 City Council meeting. The Commission did not raise any issues for the annual report and dismissed the complaint under jurisdictional grounds as time barred by 4 ayes and 1 absent.
E. January 29, 2024 - The OGC heard two complaints. Regarding a complaint filed by Paul Foreman alleging a violation of Sunshine Ordinance Sections 2-90.1, 2-91.3 and 2-91.15 related to Oral Communications, Non-Agenda Public Comment at the November 21, 2023 City Council meeting, the Commission _[to be inserted following hearing]_. A complaint filed by Shelby Sheehan alleges violations related to a December 11, 2023 Planning Board meeting item, the Commission _[to be inserted following hearing]_.
IV. Closing
The Commission thanks Council for its review and consideration of the Annual Report and welcomes any Council questions or suggestions regarding items in the Report.
APPENDIX A: 2023 Sunshine Ordinance Complaints
Under the City of Alameda’s Sunshine Ordinance, Article VIII of Chapter II of the Alameda Municipal Code, the Open Government Commission is to prepare pursuant to Section 2-93.6 of the Ordinance an Annual Public Report to be placed on the City’s website and made generally available to the public in printed form of alleged violations of the Ordinance that were brought to the attention of the Commission during the previous calendar year. The Report shall identify the nature of the alleged violation, the relief sought, the disposition thereof and the location of all records relevant to each complaint.
Pursuant to Alameda Municipal Code Section 2-93.2.c., all decisions are posted on the Commission’s webpage at: <https://www.alamedaca.gov/GOVERNMENT/Boards-Commissions/Open-Government-Commission>
All hearing records are on file in the City Clerk’s Office and posted in the agenda database online: <https://alameda.legistar.com/Calendar.aspx>
During 2023, eight complaints alleging violations of the Ordinance were filed, which are summarized below:
|
Date of Complaint |
Nature of Alleged Violation |
Complaint Summary |
Relief Sought |
Hearing Date |
Disposition |
Location of Related Documents |
|
5/4/23 |
Alleged violation of public meeting and public record access |
Overreach of Rent Program staff, lack of public notice |
None specified |
N/A |
Withdrawn |
Rent Program |
|
5/12/23 |
Alleged violation of public meeting access |
Motion to reconsider procedures not followed |
Local law remedies |
7/11/23 |
Denied |
City Clerk’s Office |
|
6/26/23 |
Alleged violation of public meeting access |
Inadequate public notice of 5/8/2023 Planning Board Meeting |
None specified |
N/A |
Time barred |
Planning, Building and Transportation Department |
|
7/11/23 |
Alleged violation of public records access |
RESHAP documents not publicly available |
None specified |
8/7/23 |
Denied |
Base Reuse and Economic Development Department; Planning, Building and Transportation Department |
|
10/02/23 |
Alleged violation of public meeting and public record access |
Missing information, non-working links |
Local law remedies |
11/6/23 |
Unfounded |
Base Reuse and Economic Development Department; City Clerk’s Office |
|
10/11/23 |
Alleged violation of public meeting and public record access |
Missing information |
None specified |
11/6/23 |
Dismissed on jurisdictional ground (time barred) |
Base Reuse and Economic Development Department; City Clerk’s Office |
|
12/5/23 |
Alleged violation of public meeting access |
Public participation |
None specified |
1/29/24 |
_[insert]_ |
City Clerk’s Office |
|
12/13/23 |
Alleged violation of public meeting access and public record access |
Inadequate notice |
None specified |
1/29/24 |
_[insert]_ |
Planning, Building and Transportation Department |
