Outlook
FW: City Council agenda - item 2.7 from anonymous community member From City Clerk <[email protected]>
Date Tue 2/10/2026 8:40 AM
To Agendadesk <[email protected]>
From: snipers.lungful5v
Sent: Monday, February 9, 2026 5:19 PM
To: City Clerk <[email protected]>
Subject: City Council agenda - item 2.7 from anonymous community member council agenda
02/10/2026 Given the proposed exclusion to the
long-standing Sunshine policy, it
item 2.7 would be prudent to descibe the
What is the benefit to benefit in order to assess this
departure. The benefit of the Sunshine
the city by joining policy is clearly enumerated. The
Amicus Curiae briefs? benefit, if any, in joining in AC briefs is not described in this memo. The
impact of the issue being litigated on
the San Jose fundings, policies,
operations, programs and services
should be detailed. One must also
consider the amount of time
expended by the City Attorney which
depletes the amount of time available
to devote to other issues. If the benefit
of joining is amorphous, perhaps the
departure is not warranted.
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California's Brown Act requires posting
What about agendas 72 hours before a public
compliance with the meeting.
Brown Act? San Jose's Sunshine policy requires
agendas must be released 10 days
before City Council meetings, allowing
the public and policymakers enough
time to digest the complex topics.
BROWN "Sunshine waivers" can be issued
on such documents as long as
ACT they're released within 72 hours of
the meeting as mandated by the
72 Brown Act.
HOURS
This memo fails to contain any
mention of compliance with the
Brown Act.
What are the What were the individual timelines
timelines to join that prevented the City from
Amicus Curiae briefs? joining AC briefs in each of the 3 instances?
• conditioning funding on DEl
elimination
• deployment of the National Guard,
The memo lists 6 cases in and
which the City joined AC • conditioning tunding o
briefs and 3 instances in operation with civil immigratio which the City did not join. enforcement
What were the timelines
associated with the 6
Did the City Attorney request a
cases starting from the
sunshine waiver for these 3
time the City was made
aware of potential AC instances? if not, why not?
briefs?
How to assess haste?
The proposed exemption implies
that decisions must be made in
haste - i.e., with excessive speed
or urgency.
HASTES Should the proposed policy include a
provision that the City Attorney must
attest to a thorough review of the
Is it prudent to make complete and final draft of the AC decisions under excessive brief prior to joining?
speed deadlines?
Why not limit the The memo proposes the the City
proposed exemption Attorney be allowed to file AC briefs regards of whether the Sunshine
to those matters in Policy can be compiled with or not. which the Sunshine It would be prudent for the
proposed policy to limit authority
policy cannot be
to those matters in which the
complied with instead Sunshine Policy timelines cannot be of all matters? met. Then, the City Attorney can
provide the Council with the
"informational memo" as outlined
LIMITED in section "Evaluation and Follow-
Up" including the timeline
prohibiting following the Sunshine
policy (and Sunshine Waver policy).
The memo intimates that the
Why not have an
exemption to the Sunshine Policy
expiration date? has no expiration. This is not
Perhaps 3 years? prudent. The proposals should
contain an expiration date upon
which the City Attorney shall
submit a report to Council detailing
when the city joined AC brief with
in compliance with the Sunshine
YEAR Policy (& waiver) and when the city
joined AC brief without compliance
with Sunshine Policy (& waiver). At
such time, the Council should
consider extending, amending, or
eliminating the policy.
3'
VISION
ORK
FINANCE
Can this Sunshine exculsion
"STIC MEETING
SERVICES
be made without an LOANS MEETING
ordinance change? Why or aVOICE
why not? HOINT
LOAN
* GOVERNMENT
QUALTY CONTROL
CALL CENTER
How to other cities with "Sunshine
ING PACKAGING
polices" handle this issue?
VISION
MARKETING
e.g., San Francisco, Oakland,
QUOTATION
ILIC RELATIONS MANA
Oxnard, Irvine, Santa Ana,
DEVEI OPMENT HU
Vallejo?
HUMAN RESOURCE RESEARC