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Consider Directing Staff to Provide a Public Analysis of: 1) When the Brown Act Applies to Commissions and Committees, 2) Documents and Information Released Pursuant to the Public Records Act, and 3) What is Privileged and How to Waive Privilege. (Councilmember Herrera Spencer) [Continued from March 16 to March 30, 2021]
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COUNCIL REFERRAL FORM
The Council can take any of the following actions:
1) Take no action.
2) Refer the matter to staff to schedule as a future City Council agenda item.
3) Take dispositive action if sufficiently noticed such that the public and Council have been provided sufficient information by the published agenda, and no formal published notice of a public hearing is required.
Name of Councilmember requesting referral: Councilmember Herrera Spencer
Date of submission to City Clerk (must be submitted before 5:00 p.m. on the Monday two weeks before the Council meeting requested): February 23, 2021
Council Meeting date: March 16, 2021
Brief description of the subject to be printed on the agenda, sufficient to inform the City Council and public of the nature of the referral:
Request City Staff provide the public a brief analysis of:
1. The Brown Act and when it applies to City commissions and committees and when it does not (i.e., "ad hoc" committees);
2. CA Public Records Act - what documents and information that the City must provide members of public upon request and Alameda's procedure to request said documents and information;
3. City of Alameda Attorney's advice to Council and the City's process to determine what is privileged (i.e., not subject to public disclosure) and how that privilege may be waived by City Council and thus disclosed to the public.
Recently, members of the public have requested different types of information that may or may not be public information, questioned whether meetings are subject to the Brown Act; and, requested the City Attorney's legal advice and analysis to City Council. It's important that the public be educated and informed about the City’s procedures on these important matters. Also, some have concerns of people (including those under 18 years of age) not being given sufficient notice that when they email City Council and staff or apply to commissions and committees, that their emails and names as applicants are public information.
While I was mayor, I suggested staff add notices on the City's website where Council emails are provided. I'm now suggesting that those notices be added throughout the City’s website where staff emails are shared, and possibly a page added to the City’s website to discuss the Brown Act, the CA Public Records Act and City Attorney privileged advice and how Council can waive that. Council and staff may also want to develop a procedure of requiring anyone under 18 to have parental/guardian consent to apply to City commissions and committees, as their participation in City government is also public (in response to community concerns).
I think it's important that we educate the public on these important issues. Thank you.
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