Title
Introduction of Ordinance Amending the Alameda Municipal Code, Including Section 2-22 (Open Government Commission) and Article VIII (Sunshine Ordinance) of Chapter II (Administration) to Establish a Hearing Officer Form of Adjudication of Sunshine Ordinance Complaints, Clarifying Enforcement Provisions, and Providing for Other Updates and Enhancements to the Sunshine Ordinance. (City Attorney)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
In February 2020, based on Staff's recommendation, the City Council removed the null-and-void remedy from the Sunshine Ordinance and directed staff to work with the Open Government Commission (Commission) to review impacts of this decision. Staff has conducted a number of meetings with the Commission and considered several proposals, including a proposal by the newly-constituted Commission.
During the course of this collaboration with the Commission, staff observed an uptick in the number of Sunshine Ordinance hearings and the difficulty the Commission faces in adjudicating such matters. As discussed more fully below, staff recommends moving toward a hearing officer model of Sunshine Ordinance complaint adjudication, in addition to making other updates and enhancements, as discussed more fully below. Under this model, which is already in use for adjudication of the Rent Control cases, the Commission would retain a role in considering the Hearing Officer's decisions, but only in the context of making recommendations to the Council.
BACKGROUND
On November 1, 2011, the City Council amended the Alameda Municipal Code ("AMC") to add a new Article VIII (Sunshine Ordinance) to Chapter II (Administration), which is codified beginning at Section 2.90.
On December 18, 2019, based on direction from City Council, staff prepared and recommended amendments to the Sunshine Ordinance and sought input from the Open Government Commission ("Commission") concerning those amendments.
On February 4, 2020...
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