Title
Hearing on Sunshine Ordinance Complaint Filed February 2, 2021
Body
To: Honorable Members of the Open Government Commission
From: Olson Remcho, LLP, Special Counsel to Recreation and Parks Commission and Alameda Recreation and Parks Department
Background
1. The Complaint
Complainant Paul Foreman claims that the Recreation and Parks Commission (the "Commission") violated the Sunshine Ordinance by taking formal action to establish the Jackson Park Renaming Committee (the "Renaming Committee") and then, along with Alameda Recreation and Parks Department (ARPD) Staff, failing to the notice meetings of the Renaming Committee. Mr. Foreman argues that the Renaming Committee was a "policy body" under the Sunshine Ordinance and a "legislative body" under the Brown Act and that the Commission should therefore have provided formal public notice of its meetings. However, Mr. Foreman does not seek to undo the recommendation of the Renaming Committee, which was subsequently considered and acted upon by both the Commission and the City Council at properly noticed meetings. Instead, he requests that the Open Government Commission (the "OGC") require all city bodies to designate committees created by formal action of the originating body as "policy bodies," except for those bodies that include less than a quorum of the originating body. In addition, he requests that the OGC recommend amendments to the Sunshine Ordinance regarding "policy bodies."
2. The Commission's Actions
In response to a written request from community members to rename Jackson Park, the Commission discussed the legacy of President Andrew Jackson and the policy and process for renaming Jackson Park at a notice meeting on May 10, 2018. At its subsequent meeting on June 14, 2018, the Commission discussed the historical background of Jackson Park and the process and criteria for renaming a City park. The Commission did not take action on the renaming request and instead requested the item re...
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