File #: 2022-2645   
Type: Complaint Hearings
Body: Open Government Commission
On agenda: 12/19/2022
Title: Hearing on Sunshine Ordinance Complaint Filed on November 14, 2022
Attachments: 1. Exhibit 1: Complaint and Accompanying Evidence (Complainant), 2. Exhibit 2: Respondent's Position Statement (City), 3. Exhibit 3: City Clerk Declaration (City), 4. Exhibit 4: Complainant Response to Respondent’s Position Statement (Complainant), 5. Correspondence from Councilmember Knox White, 6. Correspondence from Councilmember Herrera Spencer, 7. Correspondence - Updated 12/19
Title

Hearing on Sunshine Ordinance Complaint Filed on November 14, 2022

Body

To: Honorable Chair LoPilato 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 November 14, 2022 a complaint was filed by John Brennan on behalf of a list of signatories regarding the November 1, 2022 City Council meeting. (Exhibit 1)

On November 29, 2022, the City submitted a Position Statement (Exhibit 2) and City Clerk Declaration (Exhibit 3), which were transmitted to the Complaintant.

On December 6, 2022, the Complainant submitted a response to the Position Statement. (Exhibit 4)

The Chief Assistant City Attorney 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.

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 Recommendati...

Click here for full text