Title
Hearing on Sunshine Ordinance Complaint Filed by Jay Garfinkle on February 25, 2021
Body
To: Honorable Members of the Open Government Commission
From: Olson Remcho, LLP, Special Counsel to the Commission
Background
1. The Complaint
Complainant Jay Garfinkle claims that the City Council violated the Brown Act by taking formal action on February 16, 2021, to add support of Senate Bill ("SB") 271 to the 2021-22 Legislative Agenda without noticing the consideration of SB 271 in the meeting agenda. Mr. Garfinkle argues that the Council's discussion and action on SB 271 violated the Brown Act because the Council failed to provide public notice that Agenda item 5-E concerning the 2021-22 Legislative Agenda included consideration of SB 271, and as a result, the public was not given the opportunity to participate in the decision-making process. Mr. Garfinkle states that he does not have a position on SB 271, but requests that the Open Government Commission (the "OGC") require the City and its contracted lobbyists to cease support of SB 271 until Alameda residents have an opportunity to review the bill.
2. City Council Action
In compliance with the Sunshine Ordinance, the City Clerk timely published the agenda and supporting materials for the City Council's meeting on February 16, 2021. In relevant part, the agenda explained that items on the consent calendar are routine and will be approved by one motion unless an item is removed from the consent calendar at the request of the Council or the public. Specific to Agenda item 5-E, Recommendation to Approve the 2021-22 Legislative Agenda for the City of Alameda, the staff report explained the City's longstanding practice of adopting an annual Legislative Agenda to guide the City's legislative advocacy efforts and enable staff, the Mayor, and the City Council to respond quickly to most legislative issues as they arise, rather than considering legislative policy on a bill-by-bill basis. The 2021-22 Legisla...
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