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 Special Meetings, Including the Setting and Noticing of Such Meetings
Body
To: Chair Schwartz and Members of the Open Government Commission
BACKGROUND
On June 2, 2020, Councilmember Vella introduced a referral to consider amending the Sunshine Ordinance relating to special meeting noticing requirements. The item was heard on and continued to the June 16, 2020 regular meeting. See Exhibit 1 (Councilmember Vella Referral re Special Meetings).
At the June 16th meeting, Councilmember Vella asked that the Council approve the referral and to send the item for initial consideration by the Open Government Commission (“Commission”). Councilmember Vella’s referral states the purpose of the referral is to consider amending noticing requirements for special meetings with the interests of “transparency and in increasing public engagement” in mind. The item and the Commission’s recommendation would then return to the Council for their final consideration at a future meeting.
DISCUSSION
AMC Section 2-91.4 (f)
Under existing local law, calling a special meeting is governed by the City’s Sunshine Ordinance. The Ordinance specifies that special meetings may be convened with seven (7) days’ written notice to each member of the body holding the special meeting or members of the media who have specifically requested such notice. For ease of reference, AMC Section 2-91.4.f is reproduced in its entirety below:
f. Special meetings of any policy body, including passive meeting bodies that choose to establish regular meeting times, may be called at any time by the presiding officer thereof or by a majority of the members thereof, by delivering personally or by mail written notice to each member of such body and the local media who have requested written notice of special meetings in writing. Such notice of a special meeting shall be delivered as described herein at least seven (7) days before the time of such meeting as specified in the notice, with the exception of any urgent matter beyond the control of the City. The notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the presiding officer or secretary of the body a written waiver of notice. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. Each special meeting shall be held at the regular meeting place of the body except that the body may designate an alternate meeting place provided that such alternate location is specified in the notice of the special meeting.
By comparison, the Brown Act only requires 24 hours’ notice for special meeting agendas to each member of the body and to each local newspaper of general circulation and radio/TV station requesting notice in writing. See Government Code section 54956.
Council Direction
On June 16, 2020, in light of Councilmember Vella’s referral, members of the Council offered their thoughts on the referral and what should be considered. See Exhibit 2 (Draft June 16, 2020 City Council Minutes). The following is meant to guide the discussion of the Commission as they consider direction from Council to consider and provide a recommendation on noticing requirements for special meetings:
• The principal aspect of the referral proposes to notice special meetings at regular meetings to increase public engagement. Councilmember Vella articulated an alternative: lengthen the time for noticing such meetings to twelve days.
• The proposed amendment should also address “urgent” consideration by the Council of matters at special meetings.
• Aside from legal noticing requirements, consider establishment of noticing guidelines, including ensuring uniformity/regularity in the means of or places where notice of a special meeting is given.
• The Commission should consider reasons for special meetings, e.g., the need to not only consider important urgent matters but also to ensure public participation.
• Although the original referral is framed in terms of special meetings for Charter Amendments, the Commission’s scope of consideration is not so confined. The matter of Charter Amendments is also on the agenda tonight.
Finally, Councilmember Vella also added that the Commission consider giving notice of both special and regular meetings in various different ways, including social media. The Public Information Officer and City Clerk are working on an outreach plan, which includes Facebook, Twitter, Nextdoor and email notification. Existing local law only requires that agendas be posted to the City’s website, cable station, and made available at the Alameda Public Library and City Clerk’s Office. As a matter of practice, agendas are also posted to the City’s bulletin outside City Hall at the corner of Oak Street and Santa Clara Avenue and on the third floor of City Hall outside the Council Chambers.
2-91.5.d. All agendas shall be posted on the City's website and the City’s cable channel and available at the Alameda Public Library. Complete agenda packets for each body shall be posted on the City's website to the extent fiscally and technologically feasible and shall be available for review at the Alameda Public Library and at the City Clerk’s office during normal business hours. The time for compliance with this subsection shall be in accordance with the time of the posting of the agenda for the meeting.
RECOMMENDATION
Discuss and provide recommendations concerning potential amendments to Article VIII (Sunshine Ordinance) of Chapter II (Administration) of the Alameda Municipal Code, concerning special meetings, including the setting and noticing of such meetings.
Respectfully submitted,
Michael H. Roush, Chief Assistant City Attorney
John D. Lê, Assistant City Attorney
Exhibit(s):
1. Councilmember Vella Referral
2. Draft June 16, 2020 City Council Minutes