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File #: 2021-1502   
Type: Complaint Hearings
Body: Open Government Commission
On agenda: 12/6/2021
Title: Hearing on Sunshine Ordinance Complaint Filed on October 26, 2021
Attachments: 1. Exhibit 1 - Complaint and Accompanying Evidence (Complainant), 2. Exhibit 2 - Respondent’s Position Statement and Accompanying Evidence (City), 3. Exhibit 3 - Complainant’s Reply to Respondent’s Position Statement (Complainant), 4. Exhibit 4 - Addendum to Complainant’s Reply to Respondent’s Position Statement (Complainant)

Title

 

Hearing on Sunshine Ordinance Complaint Filed on October 26, 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 October 26, 2021 a complaint was filed by the Rasheed Shabazz regarding response to a Public Records Act Request.  (Exhibit 1)

 

On November 4, 2021, the City submitted a Position Statement, which was transmitted to the Complainant. (Exhibit 2)

 

On November 8, 2021, the Complaint submitted a response.  (Exhibit 3)

 

On November 29, 2021, the Complaint submitted an addendum to the response.  (Exhibit 4)

 

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

 

Complainant’s Opening Statement and Presentation of Facts: 10 minutes

 

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

 

Complainant’s Reply to Respondent’s Presentation of Facts (if needed): 5 minutes

 

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

 

Complainant’s 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 Sustained without Cure and Correct Recommendation

• Complaint Denied

• Complaint Denied as Unfounded

• Complaint Dismissed (on jurisdictional or procedural grounds, not a finding on the merits)

 

Respectfully submitted,

Lara Weisiger, City Clerk

 

Exhibits:

1.                     Complaint and Accompanying Evidence (Complainant)

2.                     Respondent’s Position Statement and Accompanying Evidence (City)

3.                     Complainant’s Reply to Respondent’s Position Statement (Complainant)

4.                     Addendum to Complainant’s Reply to Respondent’s Position Statement (Complainant)