File #: 2021-1442   
Type: Complaint Hearings
Body: Open Government Commission
On agenda: 11/1/2021
Title: Hearing on Sunshine Ordinance Complaint Filed on September 21, 2021
Attachments: 1. Exhibit 1 - Complaint and Accompanying Evidence (Complainants), 2. Exhibit 2 - Respondent’s Position Statement and Accompanying Evidence (City), 3. Exhibit 3 - Complainants' Reply to Respondent’s Position Statement (Complainants), 4. Superior Court Settlement Agreement (Complainants)
Title

Hearing on Sunshine Ordinance Complaint Filed on September 21, 2021

Body

To: Honorable Chair Tilos and Members of the Open Government Commission

BACKGROUND

Pursuant to Alameda Municipal Code Section 2-93.2.b., the Open Government Commission is required to hear Sunshine Ordinance Complaints as soon as practicable and no later than 30 business days from the date the complaint is filed unless all relevant parties agree to a later date or the Commission finds good cause for an extension of time.

COMPLAINT HEARING FILE

On September 21, 2021 a complaint was filed by the Jean Sweeney Open Space Park Fund Board Members Jim Sweeney, Doug deHaan, Dorothy Freeman, and Joseph Woodard regarding a Settlement Agreement approved at the September 7, 2021 City Council Closed Session. (Exhibit 1)

On October 5, 2021, the City submitted a Position Statement, which was transmitted to the Complainants. (Exhibit 2)

On October 19, 2021, the Complainants submitted a response. (Exhibit 3)

The Chief Assistant City Attorney will provide a Confidential Neutral Statement to the Commission under separate cover.

Additional arguments, information, and evidence may be presented by both sides up to and during the Complaint Hearing. Copies of any correspondence submitted prior to the Complaint Hearing will be sent to all parties.

COMPLAINT HEARING PROCEDURES

Complainants' Opening Statement and Presentation of Facts: 10 minutes

Respondent's Opening Statement and Presentation of Facts: 10 minutes

Complainants' Reply to Respondent's Presentation of Facts (if needed): 5 minutes

Commissioner Questioning of Parties and Witnesses (if needed): 5 minutes per Commissioner

Complainants' Closing Statement: 2 minutes

Respondent's Closing Statement: 2 minutes

Commissioner Deliberations and Decision

COMMISSION DECISION

The Commission shall issue a written decision with any of the following findings:

? Complaint Sustained with Cure and Correct Recommendation
? Complaint Susta...

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