Title
Consider Agendizing the Formation of Subcommittee for Drafting Annual Implementation Report to City Council and Discussion of Potential Topics and Form of Report (Chair LoPilato)
Body
Memo re: Consideration of Agendizing the Formation of Subcommittee for Drafting Annual Implementation Report to City Council and Discussion of Potential Topics and Form of Report
Drafted and submitted by Chair LoPilato for consideration during Commissioner-Initiated Agenda Items and possible placement on a future agenda
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Memo Contents:
I. Background / Overview
II. Specific Action Needed
III. Notes on Suggested Time/Scope Parameters for 2022 Report
IV. Proposed Report Template for Commission and Subcommittee Consideration
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I. Background / Overview:
One of the core purposes of the Open Government Commission is to “advise the City Council on administration of the Sunshine Ordinance.” (Alameda Municipal Code section 2-22.1.)
Alameda Municipal Code section 2-22.4 outlines the “Duties of Commission,” including “[r]eport in writing to the City Council at least once annually on any practical or policy problems encountered in the administration of the Sunshine Ordinance” and “[a]dvise City Council on appropriate ways to implement the Sunshine Ordinance.” (A.M.C. 2-22.4(d) and (b), respectively.)
In 2021, in order to fulfill these statutorily-required duties, the Commission formed a subcommittee of two Commissioners who prepared a draft report. The full Commission reviewed and refined the Subcommittee’s draft report during several open and public meetings before finalizing the report. The final “Report to City Council on Issues Arising from Implementation of the Sunshine Ordinance” can be found in the OGC’s Meeting Agenda materials for February 7, 2022 under Item 4-B. As this type of report-drafting had not been undertaken by prior iterations of the Commission, the 2021 Report encompassed a broad scope of issues, many of which had existed for several years.
To carry this work forward and comply with the OGC’s duties as outlined in AMC 2-22.4 (b) and (d), the Chair recommends that two Commissioners volunteer to work on a 2022 Annual Sunshine Ordinance Implementation Report Subcommittee. The scope of the 2022 Annual Sunshine Ordinance Implementation Report should focus on issues which arose during the Commission’s work in 2022 and, as a result, will likely be less labor-intensive than the first-of-its-kind 2021 Report.
In order to provide guidance to the 2022 Annual Sunshine Ordinance Implementation Report Subcommittee, the full Commission should discuss a rough outline of topics for the Subcommittee to consider including in the report to City Council. These full Commission discussions should happen in open and public meetings. Ideally, these discussions will occur at further meetings in 2022, with a draft report presented to the full Commission for consideration in either December 2022 (if a subcommittee is formed before that meeting is held) or the first meeting of 2023.
II. Specific Action Needed:
(1) The Commission can vote to place this item on the Regular Agenda for the next meeting to begin the process of taking action in the form of appointing a Subcommittee to prepare the report and proposing initial report topics to the Subcommittee members.
(2) Two Commissioners should volunteer to form the 2022 Annual Sunshine Ordinance Implementation Report Subcommittee.
(3) The full Commission should discuss topics to include in the 2022 Annual Sunshine Ordinance Implementation Report, if any, and may continue this discussion through the end of the calendar year. (If Commissioners do not identify any issues to include by the end of the 2022 calendar year, the Subcommittee may issue a report in 2023 confirming that Commissioners were given an opportunity to suggest topics to report to City Council and there are no issues to report.)
(4) The Subcommittee members will work between Open Government Commission meetings to prepare a written draft to share with the full Commission in December 2022 (if a meeting is held) or the first meeting of 2023.
a. The Subcommittee ultimately has discretion over whether to include any specific topic raised by a fellow Commissioner in their draft report, but should keep in mind that the final report will require a majority vote of the Commission before it may be submitted to City Council.
b. Commissioners are always free to speak to City Council or individual Councilmembers if they feel strongly about something that is ultimately not addressed in the final report, but they must make clear that they are doing so in their individual capacity and not on behalf of the Commission.
(5) The full Commission will discuss and propose any revisions to the draft Subcommittee Report in an open and public meeting. The Subcommittee will then complete any necessary revisions prior to the next scheduled meeting and present the Report for further revisions or a final vote of approval. To the extent any 2022 Commissioners’ terms end prior to the discussions of the draft report during the 2023 calendar year, those former Commissioners may contact Subcommittee members with their feedback (as non-Commissioners) and/or submit written correspondence or speak during public comment on the item during the Open Government Commission meetings.
(6) The Clerk will present the finalized Report to City Council after a majority of Commissioners vote to approve the final Report.
a. If the vote is not unanimous, the City Clerk should add a footnote or other notation to the Report before delivering it to Council identifying which Commissioners voted in support, opposition, or abstained.
b. If the Commission membership changes from the calendar year addressed in the Report to the year in which the Report is submitted to Council, the City Clerk should add a notation identifying the names and term dates of any exiting or new Commissioners.
III. Notes on Suggested Time/Scope Parameters for 2022 Report:
• Since a broad-sweeping, backward-looking inaugural report was completed in 2021, the 2022 OGC Chair recommends limiting the scope of the 2022 Report to issues which arose or were rekindled during OGC meetings in the 2022 calendar year.
• Keeping the scope and length of the report narrow will help ensure this statutorily-required duty can be carried forward from year-to-year by Commissioners (who are serving as unpaid volunteers) and will ideally ensure that the Report is an easily digestible resource for Councilmembers.
• Based on the hearings and meetings in 2022, the 2022 Chair estimates the Report can sufficiently convey issues which arose during 2022 in 1-3 pages of text for Council.
IV. Proposed Report Template for Commission and Subcommittee Consideration:
Current Vice Chair Chen and former Vice Chair Shabazz deserve an ongoing round of applause for their efforts to report on many years of implementation issues in the 2021 Report, all with minimal guidance in the OGC’s governing statutes and procedures on how to structure such a report.
Now that future reports may be more narrowly focused on new issues emerging during each calendar year, the Chair would like to put forward a suggestion on basic recurring language and a template style that could be adopted consistently from year-to-year. This template suggestion is rooted in two goals: (1) lightening the load of the drafting Subcommittee for this year and future years and (2) creating some institutional consistency in what City Council can expect to see from the OGC.
Chair LoPilato’s Suggested Template:
2022 Annual Sunshine Ordinance Implementation Report
To: Alameda City Council
From: City of Alameda Open Government Commission* (prepared by Subcommittee Members _____ and ___________)
(*the City Clerk could add a footnote here to identify (1) how Commissioners voted if the vote to approve the final report was not unanimous and (2) if there was turnover of Commissioners between the calendar year discussed in the report and the approval of the final report.)
I. Purpose of Report
Alameda Municipal Code section 2-22.4(d) requires the Open Government Commission to “[r]eport in writing to the City Council at least once annually on any practical or policy problems encountered in this administration of the Sunshine Ordinance.” This report aims to fulfill that duty for 2022 by addressing Sunshine Ordinance implementation issues which arose during the 2022 calendar year.
II. Background / History
The Open Government Commission has two core purposes outlined in the Alameda Municipal Code: (1) to advise the City Council on administration of the Sunshine Ordinance and (2) to hear and decide complaints of violations of the Sunshine Ordinance. (A.M.C. section 2-22.1.) The Commission is directed by statute to meet as necessary to perform duties outlined in the Alameda Municipal Code. (See A.M.C. sections 2-22.3 - 2-22.4.)
During the 2022 calendar year, the Commission met _#__ times. These meetings included _#__ hearings to address complaints alleging violations of the Sunshine Ordinance. A list of Commission Decisions on Sunshine Ordinance complaints may be found on the City of Alameda Open Government Commission website <https://www.alamedaca.gov/GOVERNMENT/Boards-Commissions/Open-Government-Commission>.
On _[date]__, the Commission voted to establish the 2022 Annual Sunshine Ordinance Implementation Report Subcommittee, consisting of Commissioners _______ and _________. [insert very brief history of meeting dates on which Subcommittee reported back to full Commission for discussion and revisions to the Report]
III. Practical or Procedural Issues Encountered in the Administration of the Sunshine Ordinance Addressed by Commission and Staff During 2022 (if any)
(Aim for 1-4 key items, identifying the issue and solution enacted in 1-4 sentences each. This section would be for issues that have been resolved or do not appear to require direct action or consideration by Council.)
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IV. Practical or Procedural Issues Encountered in the Administration of the Sunshine Ordinance Which May Warrant Further Action or Consideration From Council (if any)
(Aim for 1-4 key items, identifying the issue and, if appropriate, the specific question which the Commission believes Council may need to consider and/ or steps the Commission would recommend)
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V. Closing
The Commission thanks Council for its review and consideration of this Report and welcomes any questions or suggestions from Council regarding the items contained in this Report.