Title
Hearing on Sunshine Ordinance Complaint Received on December 5, 2023
Body
To: Honorable Chair Chen and Members of the Open Government Commission
BACKGROUND
Pursuant to Alameda Municipal Code Section 2-93.2.b., the Open Government Commission is required to hear Sunshine Ordinance Complaints as soon as practicable and no later than 30 business days from the date the complaint is filed unless all relevant parties agree to a later date or the Commission finds good cause for an extension of time.
COMPLAINT HEARING FILE
On December 5, 2023, a Sunshine Ordinance complaint was received. (Exhibit 1)
On January 11, 2024 the City submitted a Position Statement (Exhibit 2), which was transmitted to the Complainant, Paul Foreman. January 22, 2024 was set as the deadline to submit a Response to the City’s Position Statement. On January 16, 2024, staff informed the Complainant the agenda must be published January 17th to meet the 12-day special meeting publication requirement, but Response to the City’s Position Statement submitted by the January 22nd deadline would be forwarded to the Commission and attached to the staff report as soon as it is received. The Complainant submitted additional information (Exhibit 3) and reserved the right to file a response to the Position Statement by the deadline.
The City Attorney’s office will provide a Confidential Neutral Statement to the Commission under separate cover.
Additional arguments, information, and evidence may be presented by both sides up to and during the Complaint Hearing. Copies of any correspondence submitted prior to the Complaint Hearing will be sent to all parties.
RELATED COUNCIL REFERRAL
On November 27, 2023, Councilmember Herrera Spencer submitted a Council Referral regarding remote participation under Oral Communications (Exhibit 4). On January 16, 2024, the City Council considered the Referral. A motion was made to direct staff to bring back an agenda item addressing the matter. The motion was not supported by a majority of Council and therefore failed. Councilmembers Jensen, Vella and Mayor Ezzy Ashcraft expressed support for continuing the current practice and the matter will not return to Council for discussion.
COMPLAINT HEARING PROCEDURES
Complainant’s Opening Statement and Presentation of Facts: 10 minutes
Respondent’s Opening Statement and Presentation of Facts: 10 minutes
Complainant’s Reply to Respondent’s Presentation of Facts (if needed): 5 minutes
Commissioner Questioning of Parties and Witnesses (if needed): 5 minutes per Commissioner
Complainant’s Closing Statement: 2 minutes
Respondent’s Closing Statement: 2 minutes
Commissioner Deliberations and Decision
COMMISSION DECISION
The Commission shall issue a written decision with any of the following findings:
• Complaint Sustained with Cure and Correct Recommendation
• Complaint Sustained without Cure and Correct Recommendation
• Complaint Denied
• Complaint Denied as Unfounded
• Complaint Dismissed (on jurisdictional or procedural grounds, not a finding on the merits)
Respectfully submitted,
Lara Weisiger, City Clerk
Exhibits:
1. Complaint (Complainant)
2. Respondent’s Position Statement (City)
3. Additional Information (Complainant)
4. Council Referral