Title
Introduction of Ordinance Amending the Alameda Municipal Code by Amending Section 2-22 (Open Government Commission) and Article VIII (Sunshine Ordinance) of Chapter II (Administration) to Establish a Hearing Officer Form of Adjudication of Sunshine Ordinance Complaints, Clarify Enforcement Provisions, and Revise the Duties of the Open Government Commission (OPTION A); or
Introduction of Ordinance Amending the Alameda Municipal Code by Deleting Section 2-22 (Open Government Commission) and Amending Article VIII (Sunshine Ordinance) of Chapter II (Administration) to Eliminate the Open Government Commission, Establish a Hearing Officer Form of Adjudication of Sunshine Ordinance Complaints, and Clarify Enforcement Provisions (OPTION B). (City Attorney, City Clerk)
Body
To: Honorable Mayor and Members of the City Council
From: Yibin Shen, City Attorney
EXECUTIVE SUMMARY
On January 16, 2024, by way of referral, City Council directed staff to draft an ordinance amending the Sunshine Ordinance to use hearing officers, rather than the Open Government Commission, to hear complaints about violations of the Sunshine Ordinance. The referral/direction was based on the fact that recently Sunshine Ordinance complaints have become increasingly complex legally, Commission members are typically not trained to interpret statutes/ordinances nor to apply case law to the complaints. Accordingly, hearings on these complaints have been time consuming and confusing. The City Council motion also directed staff to provide a progress review at 6 and 12 months after converting to the hearing officer model.
As discussed more fully below, the proposed amendments to the Sunshine Ordinance (Option A) would move adjudication of Sunshine Ordinance complaints to a hearing officer model, in addition to making other changes consistent with such model. Such a model is already in successful use for adjudication of disputes under the City of Alameda's (City) Rent Control Ordinance. Add...
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