Title
Discuss and Provide Recommendations to the City Council 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 concerning special meeting noticing requirements. The item was heard on and continued to the Council’s 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.
On June 24, 2020, in light of Council direction, the Commission considered potential amendments to the Sunshine Ordinance regarding special meetings and directed staff to return with an ordinance for its consideration, as means of facilitating its forthcoming recommendation.
DISCUSSION
Commission Direction
On June 24, 2020, in light of Councilmember Vella’s referral, members of the Commission offered their thoughts on the Council referral. For example, some members of the Commission echoed the concerns expressed by Councilmember Vella that special meetings should be set in a manner maximizing civic engagement. The Commission, by motion, offered the following direction:
1. Expand notification of special meetings, including social media and other forms of notification (e.g., opt-in list to receive text notifications of meetings).
2. Consider requiring all notices of special meetings be published twelve (12) days in advance for the Council and subordinate boards and commissions.
3. Provide notice of “emergency meetings” (beyond the City’s control) seven (7) days prior to such meeting, or in a manner required or permitted by an applicable statute or similar law, regulation, or order-e.g., Governor Newsom’s Executive Order providing for 72 hours for regular meetings and 24 hours for special meetings during the COVID-19 pandemic.
4. Preserve the requisite notice for closed session items (e.g., litigation, labor negotiations, real property negotiations, etc.), which is seven (7) days prior to the item being considered.
Summary of Amendments to AMC Section 2-91.4 (f)
As noted in an earlier agenda report, under existing local law, calling a special meeting requires that such 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.
The draft ordinance included alongside this item contains the following amendments:
1. Special Meeting Notifications. Require special meetings to be noticed as before by mail to members of the body and members of the media. In addition, require notification on social media accounts maintained by the City through its Public Information Officer. Doing so will allow the City to maintain a measure of control over such notifications. Further, the City will also consider providing notice using “any other electronic means” (e.g., texting) approved by the City Clerk to ensure the additional method of notification is necessary and both technologically and financially feasible.
2. Amount of Notice. All special meetings shall provide notice at least twelve (12) days prior to the meeting date, regardless of the amount of notice required for regular meetings of such bodies.
3. “Emergency Meetings”. For special meetings that must be convened in fewer than twelve (12) days, for reasons beyond the City’s control, at least seven (7) days’ notice is required, unless an applicable law, regulation, or order requires or allows otherwise.
4. Preserve Status Quo for Closed Session. Additional language is included in the Sunshine Order to clarify that the amount of notice required-seven (7) days-for closed session items remains unchanged.
RECOMMENDATION
Discuss and provide recommendations to the City Council 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 Ordinance