Title
Discuss and Provide Recommendations Concerning Potential Amendments to Article VIII (Sunshine Ordinance) of Chapter II (Administration) of the Alameda Municipal Code, as Amended, Concerning the Replacement of the "Null and Void" Remedy
Body
To: Chair Schwartz and Members of the Open Government Commission
From: Michael H. Roush, Chief Assistant City Attorney
John D. L?, Assistant City Attorney
BACKGROUND
On November 1, 2011, the City Council (Council) amended the Alameda Municipal Code ("AMC") to add a new Article VIII (Sunshine Ordinance) to Chapter II (Administration), which is codified beginning at Section 2.90.
On December 18, 2019, based on direction from Council, staff prepared and recommended amendments to the Sunshine Ordinance and sought input from the Open Government Commission ("Commission") concerning those amendments.
On February 4, 2020, staff presented to the Council proposed amendments to the Sunshine Ordinance, which included Commission's input concerning the proposed amendments. One amendment, in particular, involved removing language, as violative of applicable law, from Section 2-93.8 (Penalties) of the AMC that had allowed the Commission to render any action that violated the Sunshine Ordinance null and void ("null-and-void remedy").
A majority of the Council adopted staff's recommendation, including the proposed amendments to Section 2-93.8 (Penalties). See the February 4, 2020 City Council minutes (Exhibit 1). Those amendments are now in effect.
The Council also provided direction to staff to work collaboratively with the Commission to find an effective replacement concerning the null-and-void remedy keeping in mind, however, the legal concerns that led the Council to remove the null and void remedy.
Staff had originally scheduled this item be heard on April 6, 2020; however, that meeting had been postponed due to the COVID-19 pandemic and the related governmental orders. Now that procedures are in place for remote pa...
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