1 CITY OF ALAMEDA ORDINANCE NO.__________
New Series
AMENDING THE ALAMED A MUNICIPAL CODE BY DELETING IN ITS ENTIRETY SECTION 2-22 (OPE N GOVERNMENT COMMISSION) AND
AMENDING ARTICLE VIII (SUNSHI NE ORDINANCE) OF CHAPTER II (ADMINISTRATION) TO ELIMINATE THE OPEN GOVERNMENT
COMMISSION, ESTABLISH A HEARING OFFICER FORM OF
ADJUDICATION OF SUNSHINE ORDINANCE COMPLAINTS, AND
CLARIFY ENFORCEMENT PROVISIONS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES ORDAIN AS FOLLOWS:
Section 1: Section 2-22 (Open Government Commission) of Article II (Boards and Commissions) and Sections 2-22.1 through 2-22.5 are deleted in their entirety.
Section 2: Section 2-91-5 (Agenda Requirements; Regular M eetings) of Section 2-91 (Public Access to Information) of Article VIII (Sunshine Ordinance) of the Alameda Municipal Code is amended as follows (in redline; otherwise, no change.)
2-91.5 Agenda Requirements; Regular Meetings
i. Each policy body shall ensure that notices and agendas for regular and special meetings shall include the following notice:
KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public.
Commissions, boards, councils, and other agencies of th e City of Alameda exist to conduct the citizen s of Alameda business. Th is ordinance assures that deliberations are conducted before the people and that Cit y operations are open to the people’s review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE SUNSHINE
ORDINANCE OR TO REPORT A VIOLAT ION OF THE ORDINANCE, CONTACT THE CITY CLERK OPEN GOVERNMENT COMMISSION.
k. Each agenda of a policy body cover ed by this Sunshine Ordinance shall include the City Clerk address, area code and phone number, fax number , and e-mail address and a contact person’s name for the Open Government Commission. Information on how to obtain a free copy of the Sunshine Ordinance shall be included on each agenda.
2 Section 3: Section 2-91.14 (Video and Audio Recording, Filming, and Still Photography) of Section 2-91 (Public Access to Information) of Article VIII (Sunshine Ordinance) of the Alameda Municipal Code is amended as follows (in redline, otherwise, no change)
2-91.14 Video and Audio Recording, Filming, and Still Photography
c. Every city policy body, agency or department shall audio or video record every noticed regular meeting, special meeting, or hearing open to the public held in a City Hall hearing room, except to the extent t hat such facilities may not be av ailable for technical or other reasons. Such meetings held outside City Ha ll may not be available for livestreaming.
All recordings will be archived indefinitely in digital form at a centralized location on the City’s website within seventy-two (72) hours of such meeting or hearing. Each recording shall be a public record subject to inspection pursuant to the California Public Records Act (Government Code, Section 7920.0006250 et seq.), and shall not be erased or destroyed. Inspection of any such recording shall also be provided without charge on an appropriate playback device made av ailable by the City. This subsection c shall not be construed to limit or in any way modify the duties created by any other provision of this article, including but not limited to the re quirements for recording closed sessions as stated in Section 2-91.8 and for record ing meetings of boards and commissions enumerated in the Charter as stated in subsection b above.
1. At a minimum, the City shall provide video coverage of the following meetings:
(g) Open Government Commission.
Section 4. Section 2-92.1 (Release of Do cumentary Public Information) of Section 2-92 (Public Information) of Article VIII (Sunshine Ordinance) of the Alameda Municipal Code is amended, as follows (in redline form; otherwise no change.)
2-92.1 Release of Documentary Public Information
Release of public records by a body or by any department, whether for inspection of the original or by providing a copy, shall be governed by the Public Records Act in any particulars not addressed by this chapter. The provisions of Government Code Section 7922.570 through 7922.585.6253.9 are incorporated herein by reference.
Section 5. Section 2-92.4 (Notice and Posti ng of Information) of Section 2-92 (Public Information) of Article VIII (Sunshine Ordinance) of the Alameda Municipal Code is amended, as follows (in redline; otherwise, no change).
2-92.4 Notice and Posting of Information
e. The Open Government Comm ission shall review public notic es to ensure that they conform to the requirements of this arti cle and work to improve publicly accessible
3 information databases to ensure consistency, equity, timing, and extent of noticing for meetings and other matters of public interest.
Reletter existing subsections f through h as e through g.
Section 6. Section 2-92.5 (Public Record s Index) of Section 2-92 (Public Access to Information) of Article VIII (Sunshine Ordinance) of the Alameda Municipal Code is amended, as follows: (in redline form; otherwise, no change.)
2-92.5 Public Records Index
d. The index shall be periodically reviewed by staff and the Open Government Commission for accuracy and completeness.
Section 7. Section 2-92.8 (Non-Exempt Publ ic Information) of Section 2-92 (Public Access to Information) of Arti cle VIII (Sunshine Ordinance) of the Alameda Municipal Code is amended, as follows (in redline form; otherwise no change).
Section 2-92.8 Non-Exempt Public Information
Notwithstanding any right or duty to withhold certain in formation under the California Public Records Act or other laws, the following shall govern specific types of requests for documents and information:
a. Drafts and Memoranda. No completed preliminary drafts or memoranda shall be exempt from disclosure under Government Code Section 7927.5006254 (a) if said completed preliminary draft or memoranda has been retained in the ordinary course of business or pursuant to law or agency or department policy. Completed preliminary drafts and memoranda concerning agreem ents, memoranda of understanding or other matters subject to negotiation and p ending a body’s approval need not be subject to disclosure until final action has been taken or said document is included as part of the public agenda packet for the body, whichever is first.
c. Personnel Information: None of the following shall be exempt from disclosure under Government Code Section 7927.7006254 (c).
(Subsections 1 through 4, no change.)
Section 8: Section 2-93.1 (Primary Regul atory and Enforcement Body) of Section 2- 93 (Enforcement Provisions) of Article VIII (Sunshine Ordinance) of the Alameda Municipal Code is amended, as follows (in redline; otherwise no change):
2-93.1 – Primary Regulatory and Enforcement Body[RESERVED.].
The primary regulatory and enforcement body of the Sunshine Ordinance shall be the Open Government Commission formed pursuant to Section 2-22 (Open Government Commission) of Article II (Boards and Commissions).
4 Section 9: Section 2-93.2 (C omplaint Procedures Regarding Alleged Violations of the Sunshine Ordinance) of Section 2-93 (Enforcement Provisions) of Article VIII (Sunshine Ordinance) of the Alameda Municipal Code is amended, as follows (in redline; otherwise no change):
2-93.2 – Complaint Procedures Regarding Alleged Violations of the Sunshine Ordinance.
a. Any person may file a complaint against concerning any violation of the Sunshine Ordinance no more than fifteen (15) days after the alleged violation.
Such complaint shall be heard by the Commission a Hearing Officer consistent with Section 1-8 of this Code. No complaint shall be accepted when filed against a member of the City Council or an officially declared candidate within forty-five (45) days of a City election.
b. Upon filing of an official complaint form (including submittal of all evidence) with the City Clerk's Office, the complai nant and the City (as respondent) shall appear at a hearing scheduled, in consultation with all relevant parties, including the Commission members, as soon as practicable and no later than thirty (30) business days from the date the complaint is filed unless all relevant parties agree to a later date or the Hearing OfficerCommission finds good cause for an extension of time. A complainant's failu re to respond to communications from the City Clerk's Office, after reasonabl e attempts have been made using all reasonably available means of making co ntact with complainant, related to setting the hearing may lead to a forfeiture of the complaint. c. The Commission Hearing Officer shall provide the parties with the opportunity to file written materials (e.g., brie fs), present evidence and make arguments.
The Hearing OfficerCommission shall issue a written decision concerningaffirming or rejecting the complaint and includemaking a finding on whether the complaint was unfounded. A complaint shall be determined to be unfounded if it was brought wit hout any reasonable basis. The decision shall be issued as soon as practicable, and no later than 30 business days after the conclusion of the hearing. All Hearing Officer decisions shall be posted on the City’s website and promptly forw arded to the City Council. Within the Commission portion of the City’s website, the Cit y shall provide a listing of Hearing OfficerCommission decisions on complaints brought pursuant to this section. For decisions in which the Hearing OfficerCommission issues a “cure or correct” recommendation pursuant to subsection 2-93.8 of this section, the relevant policy body’s action in response to that recommendation shall be listed as well.
dc. In addition to the Commission’s ability to render a formal written opinion finding a violation or non-violati on of the Sunshine Ordi nance, the Commission may also consider options for formal resolu tions of complaints and, upon majority vote of the Commission, may make non- binding recommendations to the City Manager, City Attorney’s Office, City Clerk, or City Council regarding informal resolution options or steps to avoid future similar violations.
5 Section 10: Section 2-93.5 (Declaration by and Training Requirements for Form 700 Filers) of Section 2-93 (Enforcement Provisi ons) of Article VIII (Sunshine Ordinance) of the Alameda Municipal Code is amended, as follows (in redline; otherwise, no change) 2-93.5 Declaration by and Training Requirements for Form 700 Filers.
All City employees and officials who are r equired to file FPPC Form 700 shall sign an affidavit or declaration stating under penalty of perjury that they have read the Sunshine Ordinance and have attended or wil l attend when next offered a training session on the Sunshine Ordinance, to be held at lease ever y third year, provided: (a) newly hired employees and newly elected or appointed offici als shall within six (6) months of their hire, election, or appointment either attend a training sessi on or review the tape of the most recent training session; and (b) an additional training session shall be provided when there are substantive amendments to the Sunshine Ordinance . The Alameda City Attorney’s Office with the assistance of the City ClerkOpen Government Commission shall provide the training, which training session will be taped.
Section 11: Section 2-93.6 (Penalties) of Se ction 2-93 (Enforcement Provisions) of Article VIII (Sunshine Ordinance) of the Alameda Municipal Code is amended, as follows (in redline; otherwise no change):
2-93.6 - Annual Public Report.
The City ClerkCommission shall prepare an annual report to be placed on the City's website and made generally publicly available in printed form of alleged violations of the Ordinance brought to its attention heard by the Hearing Officer during the previous calendar year. The report shall identify the nature of the alleged violation, the relief sought by each petition, the dispositi on or current status thereof, and the location of all records relevant to each petition. With advance notice to City Clerk's Office, the Commission may also request a tally of records requests for statistical or comparative purposes.
Section 12: Section 2-93.8 (Penalties) of Se ction 2-93 (Enforcement Provisions) of Article VIII (Sunshine Ordinance) of the Alameda Municipal Code is amended, as follows (in redline; otherwise no change):
2-93.8 – Penalties.
a. If the Commission Hearing Officer finds a violation of Section 2-91 (Public Access to Meetings), the Commission Hearing Officer may recommend to the originating body steps necessary to cure or correct the violation. The originating body shall consider the Hearing Officer’sCommission’s recommendation and , as soon as practicable, render a final decision on whether to accept or reject the Hearing Officer’sCommission’s decision, in whole or in part, as soon as practicable. Such a final decision is not subject to further administrative appeal except for judicial review. The originating bodyCity is encouraged to consider taking all necessary actions to maintain the status quo pendin g the originating body’s review of the Hearing Officer’sCommission’s recommendations, to the extent doing so would not be prejudicial to the City.
6 b. If the Commission Hearing Officer finds a violation of Section 2-92 (Public Information), the Commission Hearing Officer may recommend to the City steps necessary to cure or correct the violation. The City Clerk, City Manager and/or the City Attorney, as appropriate, shall promptly consider the Hearing Officer’sCommission’s recommendations and inform th e Council of their final decision.. The final decision is not subject to further administrative appeal except for judicial review.
c. A person who makes more than two (2) co mplaints in one (1) twelve (12) month period that are determined by the Commission Hearing Officer to be unfounded shall be prohibited from making a complaint for the next five (5) years.
Section 13: IMPLIED REPEAL
Any provision of the AMC inc onsistent with this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effectuate this Ordinance.
Section 14: CEQA DETERMINATION
The City Council finds and determines that the adoption of this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the following, each a separate and independent basis: CEQA Guidelines, Section 15378 (not a project) and Section 15061(b)(3) (no significant environmental impact).
Section 15: SEVERABILITY
If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid, this invalidity shall not affect other provisions of this Ordinance that can be given effect without the invalid provision and therefore the provisions of this Ordinance are severable.
The City Council declares t hat it would have enacted eac h section, subsection, paragraph, subparagraph and sentenc e notwithstanding the in validity of any other section, subsection, paragraph, subparagraph or sentence.
Section 16: EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage.
Presiding Officer of the City Council
Attest:
7 Lara Weisiger, City Clerk
* * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the ___ day of ____ 2024, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this ___ day of ____ 2024.
Lara Weisiger, City Clerk
City of Alameda
Approved as to form:
Yibin Shen, City Attorney
City of Alameda