Title
Hearing on Sunshine Ordinance Complaint Filed on April 13, 2022 [Continued from May 2, 2022; Public Comment is closed]
Body
To: Honorable Chair LoPilato 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 April 13, 2022 a complaint was filed by Erin Fraser regarding response to a Public Records Act Request. (Exhibit 1)
On April 21, 2022, the City submitted a Position Statement, which was transmitted to the Complainant. (Exhibit 2)
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)