Ordinance 3042c
CITY OF ALAMEDA ORDINANCE NO. 3042
AMENDING THE ALAMEDA MUNICIPAL CODE BY REVISING SECTION 2-
1.2(a) (AGENDAS) AND 2 -1.3 (SPECIAL MEETING) OF ARTICLE I (THE CITY
COUNCIL); ADDING SECTION 2 -5 (APPLICABILITY OF SUNSHINE
ORDINANCE) AND SECTION 2 -22 (OPEN GOVERNMENT COMMISSION)
TO ARTICLE II (BOARDS AND COMMISSIONS); AND AMENDING SECTION
2 -93.1 (PRIMARY REGULATORY AND ENFORCEMENT BODY) OF ARTICLE
VIII (SUNSHINE ORDINANCE) OF CHAPTER II (ADMINISTRATION),
MAKING SECTIONS COMPATIBLE WITH THE SUNSHINE ORDINANCE AND
MOVING THE ESTABLISHMENT, MEMBERSHIP AND DUTIES OF THE
OPEN GOVERNMENT COMMISSION
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1. The Alameda Municipal Code is hereby amended by
amendment of Section 2- 1.2(a) (Agendas) and 2 -1.3 (Special Meeting) to
Article I (The City Council) of Chapter II (Administration), which shall read as
follows:
91.5.
2- 1 .2(a) The City Clerk shall post regular agendas pursuant to Section 2-
2 -1.3 Special Meeting
A special meeting may be called pursuant to Section 2- 91 .4(f).
Section 2. The Alameda Municipal Code is hereby amended by addition
of Section 2 -5 (Applicability of Sunshine Ordinance) to Article II (Boards and
Commissions) of Chapter II (Administration), which shall read as follows:
2 -5. Applicability of Sunshine Ordinance
The provisions of Article VIII (Sunshine Ordinance) of Chapter II
(Administration) shall apply to Boards and Commissions included in Article II
(Board and Commissions) of Chapter II (Administration).
Section 3. The Alameda Municipal Code is hereby amended by addition
of Section 2 -22 (Open Government Commission) to Article II (Boards and
Commissions) of Chapter II (Administration), which shall read as follows:
2 -22 OPEN GOVERNMENT COMMISSION
2 -22.1 Commission Created; Purpose.
There is hereby created a Commission which shall be known as the
Open Government Commission, whose purpose shall be to advise the City
Council on administration of the Sunshine Ordinance, and hear and decide
complaints of violations of the Sunshine Ordinance.
2 -22.2 Membership; Appointment; Term of Office; Removal;
Vacancies.
a. The Commission shall consist of five (5) members, all of whom shall,
at the time of their appointment and continuously during incumbency, be
residents of the City.
b. Each member of the City Council will appoint a Commissioner to serve
on the Commission for a term that is concurrent and linked with the service of
the appointing City Councilmember, but in no event shall exceed four years.
c. A member of the Commission may be removed by the vote of 4 /5ths
vote of the Council. A vacancy in the office of the member shall be filled for the
unexpired term by the appointing City Councilmember.
2 -22.3 Meetings; Officers; Voting.
a. The Commission shall meet as necessary to perform the duties
outlined in subsection 2 -22.4. Meetings shall be held on a fiscal year schedule,
running July 1 through June 30. The Commission shall have the power to
establish rules for its proceedings, unless otherwise noted below in subsection
2 -22.5
b. A majority of the membership shall constitute a quorum. A quorum
shall be necessary for any action of the Commission.
2 -22.4 Duties of Commission.
It shall be the duty of the Open Government Commission to:
a. Hear and decide complaints by any person concerning alleged non-
compliance with the Sunshine Ordinance;
b. Advise City Council on appropriate ways to implement the Sunshine
Ordinance;
c. Develop goals to ensure practical and timely implementation of the
Sunshine Ordinance;
d. Report in writing to the City Council at least once annually on any
practical or policy problems encountered in the administration of the Sunshine
Ordinance;
e. From time to time as the Commission sees fit, issue public reports
evaluating compliance with the Sunshine Ordinance by the City or any
Department, Office, or Official thereof.
f. Consider ways to informally resolve those complaints and make
recommendations to the Council regarding such complaints;
g. The Commission shall approve by -laws specifying a general schedule
for meetings, requirements for attendance by its members, and procedures and
criteria for removing members for non - attendance as well as all enforcement
petition and complaint procedures. The schedule shall provide for monthly
meetings. A meeting shall be canceled if there is no matter pending.
h. The commission will meet at least semi - annually or as needed based
on the receipt of an alleged complaint of violation of this ordinance. Members of
the Commission shall serve without compensation.
2 -22.5 Composition of Commission; Special Terms, Qualifications,
and Conditions
a. Should the appointing City Council member term out of office, resign,
be removed or otherwise retire from office, the appointment of his or her
appointee on the Open Government Commission shall also end.
b. All members must have experience and /or demonstrated interest in
the issues of citizen access and participation in local government.
c. The Commission shall select from its regular membership a
Chairperson and a Vice - Chairperson, each of whom shall serve in such offices
for a term of one (1) year, or until their successors are selected.
d. The Commission shall be assisted, advised and generally staffed at
all meetings and functions by a licensed attorney from the City Attorney's Office
and by a representative of the City Clerk's office.
Section 4. The Alameda Municipal Code is hereby amended by
amendment of Section 2 -93 -1 (Primary Regulatory and Enforcement Body) to
Article VIII (Sunshine Ordinance) of Chapter II (Administration), which shall read
as follows:
2 -93.1 Primary Regulatory and Enforcement Body
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).
Section 5. 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 Council
Attest:
Lara Weisiger, City Clerk;
City of Alameda
I, the undersigned, hereby certify that the foregoing Ordinance was duly
and regularly adopted and passed by Council of the City of Alameda in regular
meeting assembled on the 3rd day of January, 2012, by the following vote to wit:
AYES: Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 4th day of January, 2012.
Lara Weisiger, City Clerk
City of Alameda