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File #: 2020-7586   
Type: Regular Agenda Item
Body: City Council
On agenda: 2/4/2020
Title: Introduction of Ordinance Amending the Alameda Municipal Code by Amending Various Provisions of Article VIII (Sunshine Ordinance) of Chapter II (Administration), including Provisions Related to Public Access to Public Meetings and Public Records, and Sunshine Ordinance Enforcement, Including Recommendations to Eliminate the "Null and Void" or "Order to Cure" Remedies and Replace Such Remedies With the Authority for the Open Government Commission to Issue Recommendations to Cure and Correct. (City Manager/City Attorney/City Clerk)
Attachments: 1. Exhibit 1 - Sunshine Ordinance Amendments (Redline), 2. Exhibit 2 - December 18, 2019 Report to Open Government Commission, 3. Ordinance, 4. Correspondence - Updated 2-4
Title

Introduction of Ordinance Amending the Alameda Municipal Code by Amending Various Provisions of Article VIII (Sunshine Ordinance) of Chapter II (Administration), including Provisions Related to Public Access to Public Meetings and Public Records, and Sunshine Ordinance Enforcement, Including Recommendations to Eliminate the "Null and Void" or "Order to Cure" Remedies and Replace Such Remedies With the Authority for the Open Government Commission to Issue Recommendations to Cure and Correct. (City Manager/City Attorney/City Clerk)

Body

To: Honorable Mayor and Members of the City Council

SUMMARY

It has been over a decade since the City of Alameda (City) started a process, which culminated in the adoption of the Sunshine Ordinance (Ordinance). Many of its substantive provisions have not been updated since that time. The proposed ordinance would amend certain provisions of the Ordinance, including those related to access to public meetings, access to public records, and enforcement of its provisions. The most notable amendment eliminates the "null and void" or "order to cure" remedies, instead authorizing the Open Government Commission (Commission) to issue recommendations to "cure and correct."

The proposed amendments were presented to the Commission, on December 18, 2019, to solicit the Commission's input and recommendations. The Commission generally agreed with the recommendations, except for the proposed elimination of the "null and void" or "order to cure" remedies. Given the clear mandate of court decisions that only elected officials have the authority to render legislative matters "null and void" or to cure violations of State law, and despite the Commission's thoughtful consideration, staff continues to recommend the repeal of the Commission's authority concerning the "null and void" and "order to cure" remedies.

BACKGROUND

In April 2009, the City initiated efforts to adopt a local open government ordinance (or "sunshine" ordinance) for th...

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