Ordinance 3036CITY OF ALAMEDA ORDINANCE NO.3036
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING
ARTICLE VIII (SUNSHINE ORDINANCE)
TO CHAPTER 11 (ADMINISTRATION) ESTABLISHING LOCAL
STANDARDS TO ENSURE PUBLIC ACCESS TO
PUBLIC MEETINGS AND PUBLIC RECORDS
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1. The Alameda Municipal Code is hereby amended by adding
Article VIII (Sunshine Ordinance) and Sections 2-90 through 2 -93 to Chapter 11
(Administration) in order to establish local standards to ensure public access to
public meetings and public records to read as follows:
ARTICLE VIII. SUNSHINE ORDINANCE
2.90 INTRODUCTION.
This sunshine ordinance has been developed to codify the City of
Alameda's public policy concerning participation in the deliberations of the City's
legislative bodies and to clarify and supplement the Ralph M. Brown Act and the
California Public Records Act and expanding its application and effectiveness to
local governments. It is an affirmation of good government; and a continued
commitment to open and democratic procedures. It is an effort to expand our
citizens' knowledge, participation and trust. As procedures of government
change and evolve, so also must the laws designed to guarantee the process
remains visible. In addition, this ordinance will establish a mechanism for
enforcement.
2.90.1 Goal.
An informed public is essential to democracy. It is the goal of this
Ordinance to ensure that the citizens of Alameda have timely access to
information, opportunities to address the various legislative bodies prior to
decisions being made, and easy and timely access to all public records.
2.90.2 Findings.
The Alameda City Council finds as follows.
(a) It is government's duty to serve the public, reaching its decisions in full
view of the public, except as provided elsewhere in this ordinance.
(b) Elected City officials, commissions, boards, advisory bodies, task
forces and other agencies of the City exist to conduct the people's business.
This Ordinance is intended to assure that the deliberations of these bodies and
the City's operations are in full view of the public.
(c) It is the City's duty to serve the public and to accommodate those who
wish to obtain information about or participate in the process of making
decisions.
(d) The right of the people to know what their government and those
acting on behalf of their government are doing is fundamental to a democracy,
and with very few exceptions, which this ordinance will clarify, that right
supersedes any other policy interest government officials may use to prevent
public access to information. In those rare and unusual circumstances where the
business of government may be conducted behind closed doors, those
circumstances must be carefully and narrowly defined to prevent any abuse.
(e) This Ordinance is intended in part to clarify and supplement the Ralph
M. Brown Act and the California Public Records Act to assure that the people of
the City of Alameda can be fully informed and thereby retain control over the
instruments of local government in their city.
(1) In furtherance of these findings, as it is not in the public's interest to
have private communications occur between decision - makers and a limited
number of individuals, and in order to assure that all citizens have equal access
to their government at public meetings, cell phones and other means of
electronic communications including email, text, instant imaging, etc., shall be
turned off during public meetings.
(g) As adopted, it is the intention of this Ordinance that members of the
City Council who sit on separate boards and commissions, such as, but not
limited to the ARRA and CIC, will adopt these rules and requirements for each of
those bodies.
2-91 PUBLIC ACCESS TO MEETINGS.
2 =91.1 Definitions.
Whenever in this Article the following words or phrases are used, they
shall have the following meanings:
(a) "City" shall mean the City of Alameda.
(b) "Meeting" shall mean any of the following:
(1) A congregation of a majority of the members of a policy body at
the same time and place;
(2) A series of gatherings, each of which involves less than a
majority of a policy body, to hear, discuss or deliberate upon any item that
is within the subject matter jurisdiction of the City, if the cumulative result
is that a majority of members has become involved in such gatherings; or
(3) Any other use of personal intermediaries or communications
media that could permit a majority of the members of a policy body to
become aware of an item of business and of the views or positions of
other members with respect thereto, and to negotiate consensus
thereupon.
(4) "Meeting" shall not include any of the following:
(A) Individual contacts or conversations between a member
of a policy body and another person that do not convey to the
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member the views or positions of other members upon the subject
matter of the contact or conversation and in which the member
does not solicit or encourage the restatement of the views of the
other members;
(B) The attendance of a majority of the members of a policy
body at a regional, statewide or national conference, or at a
meeting organized to address a topic of local community concern
and open to the public, provided that a majority of the members
refrains from using the occasion to collectively discuss the topic of
the gathering or any other business within the subject matter
jurisdiction of the City; or
(0) The attendance of a majority of the members of a policy
body at a purely social, recreational or ceremonial occasion other
than one sponsored or organized by or for the policy body itself,
provided that a majority of the members refrains from using the
occasion to discuss any business within the subject matter
jurisdiction of this body. A meal gathering of a policy body before,
during or after a business meeting of the body is part of that
meeting and shall be conducted only under circumstances that
permit public access to hear and observe the discussion of
members. Such meetings shall not be conducted in restaurants or
other accommodations where public access is possible only in
consideration of making a purchase or some other payment of
value.
(c) "Passive meeting body" shall mean:
(1) Advisory committees created by the initiative of a
member of a policy body, the Mayor, or a department head;
(2) social, recreational or ceremonial occasions sponsored
or organized by or for a policy body to which a majority of the body
has been invited.
(3) "Passive meeting body" shall not include a committee that
consists solely of employees of the City of Alameda created by the
initiative of a member of a policy body, the Mayor, or a department head;
(d) "Policy Body" shall mean:
) The Alameda City Council;
(2) Any other board enumerated in the Charter of the City of
Alameda;
(3) Any board, commission, committee, or other body created by
ordinance or resolution of the City Council;
(4) Any committee or body, created by the initiative of a policy
body;
(5) Any standing committee of a policy body irrespective of its
composition.
(6) "Policy Body" shall not include a committee which consists
solely of employees of the City of Alameda, unless such committee was
established by Charter or by ordinance or resolution of the City Council.
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2 -91.2 Passive Meetings.
(a) All gatherings of passive meeting bodies shall be accessible to
individuals upon inquiry and to the extent possible consistent with the facilities in
which they occur.
(1) Such gatherings need not be formally noticed, except on the
City's website whenever possible, although the time, place and nature of
the gathering shall be disclosed upon inquiry by a member of the public,
and any agenda actually prepared for the gathering shall be accessible to
such inquirers as a public record.
(2) Such gatherings need not be conducted in any particular space
for the accommodation of members of the public, although members of
the public shall be permitted to observe on a space available basis
consistent with legal and practical restrictions on occupancy.
(3) Such gatherings of a business nature need not provide
opportunities for comment by members of the public, although the person
presiding may, in his or her discretion, entertain such questions or
comments from spectators as may be relevant to the business of the
gathering.
(4) Gatherings subject to this subsection include the following.
advisory committees or other multimember bodies created in writing or by
the initiative of, or otherwise primarily formed or existing to serve as a non -
governmental advisor to, a member of a policy body, the Mayor, the City
Manager, a department head, or any elective officer, and social,
recreational or ceremonial occasions sponsored or organized by or for a
policy body to which a majority of the body has been invited. This
subsection shall not apply to a committee which consists solely of
employees of the City of Alameda.
(5) Gatherings defined in subdivision (4) may hold closed sessions
under circumstances allowed by this Article (b) Any entity performing a
function delegated by the City shall abide by subsection (a).
2-91.3 Meetings To Be Open And Public; Application Of Brown Act.
All meetings of any policy body shall be open and public, and governed by
the provisions of the Ralph M. Brown Act (Government Code Sections 54950 et.
seq.) and of this article. In case of inconsistent requirements under the Brown Act
and this article, the requirement which would result in greater or more expedited
public access shall apply.
2-91.4 Conduct Of Business; Time And Place For Meetings.
(a) Each policy body, except for advisory bodies, shall establish by
resolution or motion the time and place for holding regular meetings.
(b) Unless otherwise required by state or federal law or necessary to
inspect real property or personal property which cannot be conveniently brought
within the territory of the City of Alameda or to meet with residents residing on
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property owned by the City, or to meet with residents of another jurisdiction to
discuss actions of the policy body that affect those residents, all meetings of its
policy bodies shall be held within the City of Alameda.
(c) If a regular meeting would otherwise fall on a holiday, it shall instead
be held on the next business day, unless otherwise rescheduled in advance.
(d) if, because of fire, flood, earthquake or other emergency, it would be
unsafe to meet at the regular meeting place, meetings may be held for the
duration of the emergency at some other place specified by the policy body. The
change of meeting site shall be announced, by the most rapid means of
communication available at the time, in a notice to the local media who have
requested written notice of special meetings pursuant to Government Code
Section 54956. Reasonable attempts shall be made to contact others regarding
the change in meeting location.
(e) Meetings of passive meeting bodies as specified in Section 2-
91.1(d)(4) of this article shall be preceded by notice delivered personally or by
mail, e -mail, or facsimile as reasonably requested at least four weekdays before
the time of such meeting to each person who has requested, in writing, notice of
such meeting. If the advisory body elects to hold regular meetings, it shall
provide by bylaws, or whatever other rule is utilized by that advisory body for the
conduct of its business, for the time and place for holding such regular meetings.
In such case, no notice of regular meetings, other than the posting of an agenda
pursuant to Section 2 -91.6 of this article in the place used by the policy body
which it advises, is required.
(f) Special meetings of any policy body, including advisory bodies that
choose to establish regular meeting times, may be called at any time by the
presiding officer thereof or by a majority of the members thereof, by delivering
personally or by mail written notice to each member of such policy body and the
local media who have requested written notice of special meetings in writing.
Such notice of a special meeting shall be delivered as described in (e) at least
seven (7) days before the time of such meeting as specified in the notice, with
the exception of any urgent matter beyond the control of the City. The notice
shall specify the time and place of the special meeting and the business to be
transacted. No other business shall be considered at such meetings. Such
written notice may be dispensed with as to any member who at or prior to the
time the meeting convenes files with the presiding officer or secretary of the body
or commission a written waiver of notice. Such written notice may also be
dispensed with as to any member who is actually present at the meeting at the
time it convenes. Each special meeting shall be held at the regular meeting place
of the policy body except that the policy body may designate an alternate
meeting place provided that such alternate location is specified in the notice of
the special meeting.
(g) If a meeting must be canceled, continued or rescheduled for any
reason, notice of such change shall be provided to the public as soon as is
reasonably possible, including posting of a cancellation notice in the same
manner as described in section 2- 91.5(c), and mailed notice if sufficient time
permits.
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2 -9t5 Agenda Requirements; Regular Meetings.
(a) Twelve days before a regular meeting of City Council, and seven days
for all other policy bodies, the policy body shall post an agenda containing a
meaningful description of each item of business to be transacted or discussed at
the meeting. Agendas shall specify for each item of business the proposed action
or a statement the item is for discussion only. These time requirements shall
apply to posting on the Internet.
(b) A description is meaningful if it is sufficiently clear and specific to alert
a person of average intelligence and education whose interests are affected by
the item that he or she may have reason to attend the meeting or seek more
information on the item. The description should be brief, concise and written in
plain, easily understood English. It shall refer to any explanatory documents that
have been provided to the policy body in connection with an agenda item, such
as correspondence or reports, and such documents shall be posted with the
agenda or, if such documents are of more than one page in length, made
available for public inspection and copying at a location indicated on the agenda
during normal office hours.
(c) The agenda shall specify the time and location of the regular meeting
and shall be posted in a location that is freely accessible to members of the
public.
(d) All agendas shall be posted on the City's website and the City's cable
channel and available at the Alameda Public Library. Complete agenda packets
for each body shall be posted on the City's website to the extent fiscally and
technologically feasible and shall be available for review at the Alameda Public
Library and at the City Clerk's office during normal business hours. The time for
compliance with this subsection shall be in accordance with the time of the
posting of the agenda for the meeting.
(e) Alt documents material to an agenda item must accompany the
agenda.
(f) No action or discussion shall be undertaken on any item not appearing
on the posted agenda, except that members of a policy body may respond to
statements made or questions posed by persons exercising their public
testimony rights, to the extent of asking a question for clarification, providing a
reference to staff or other resources for factual information, or requesting staff to
report back to the body at a subsequent meeting concerning the matter raised by
such testimony.
(g) Notwithstanding subdivision (d), the policy body may take action on
items of business not appearing on the posted agenda under any of the following
conditions:
(1) Upon a determination by a majority vote of the body that an
accident, natural disaster or work force disruption poses a threat to public
health and safety.
(2) Upon a good faith, reasonable determination by a two- thirds
vote of the body, or, if less than two- thirds of the members are present, a
unanimous vote of those members present, that (A) the need to take
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immediate action on the item is so imperative as to threaten serious injury
to the public interest if action were deferred to a subsequent special or
regular meeting, or relates to a purely commendatory action, and (B) that
the need for such action came to the attention of the body subsequent to
the agenda being posted as specified in subdivision (a).
(3) The item was on an agenda posted pursuant to subdivision (a)
for a prior meeting of the body occurring not more than five calendar days
prior to the date action is taken on the item, and at the prior meeting the
item was continued to the meeting at which action is being taken.
(h) Each policy body shall ensure that agendas for regular and special
meetings are made available upon request to speech and hearing impaired
persons through telecommunications devices for the deaf, telecommunications
relay services or equivalent systems, and, upon request, to sight impaired
persons through Braille or enlarged type.
(1) 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 the City of Alameda exist
to conduct the citizen of Alameda's business. This ordinance assures that
deliberations are conducted before the people and that City operations are open
to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE SUNSHINE
ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE,
CONTACT THE OPEN GOVERNMENT COMMISSION.
(j) The Council Agenda will limit ceremonial presentations and
proclamations to no more than 15 minutes. If more time is needed, other
arrangements should be made.
(k) Each agenda of a policy body covered by this Sunshine Ordinance
shall include the address, area code and phone number, fax number, 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 -91.6 Public Notice Requirements.
(a) Any public notice that is mailed, posted or published by a City
department, board, agency or commission to residents residing within a specific
area to inform those residents of a matter that may impact their property or that
neighborhood area, shall be brief, concise and written in plain, easily understood
English.
(b) The notice should inform the residents of the proposal or planned
activity, the length of time planned for the activity, the effect of the proposal or
activity, and a telephone contact for residents who have questions.
(c) If the notice informs the public of a public meeting or hearing, then the
notice shall state that persons who are unable to attend the public meeting or
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hearing may submit to the City, by the time the proceeding begins, written
comments regarding the subject of the meeting or hearing, that these comments
will be made a part of the official public record, and that the comments will be
brought to the attention of the person or persons conducting the public meeting
or hearing. The notice should also state the name and address of the person or
persons to whom those written comments should be submitted.
(d) The City shall maintain an email notification list in order to allow any
individual to sign up to automatically receive meeting agendas, updates on
projects, notification of issues that impact entire neighborhoods.
2 -91.7 Agenda Disclosures: Closed Sessions.
(a) In addition to the brief general description of items to be discussed or
acted upon in open and public session, the agenda posted pursuant to
Government Code Section 54954.2, any mailed notice given pursuant to
Government Code Section 54954. , and any call and notice delivered to the local
media and posted pursuant to Government Code Section 54956 shall specify
and disclose the nature of any closed sessions by providing all of the following
information:
(1) With respect to a closed session held pursuant to Government
Code Section 549561:
LICENSE /PERMIT DETERMINATION:
Applicant(s)
The space shall be used to specify the number of persons whose
applications are to be reviewed.
(2) With respect to every item of business to be discussed in closed
session pursuant to Government Code Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property:
Person(s) negotiating:
Under negotiation:
Price or Terms of payment or Both.
The space under "Property shall be used to list an address, including
cross streets where applicable, or other description or name which permits
a reasonably ready identification of each parcel or structure subject to
negotiation. The space under "Person(s) negotiating" shall be used to
identify the person or persons with whom negotiations concerning that
property are in progress. The spaces under "Under negotiation" shall be
checked off as applicable to indicate which issues are to be discussed.
(3) With respect to every item of business to be discussed in closed
session pursuant to Government Code Section 54956.9, either:
CONFERENCE WITH LEGAL COUNSEL
Existing litigation:
Unspecified to protect service of process
Unspecified to protect settlement posture
or:
CONFERENCE WITH LEGAL COUNSEL
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Anticipated litigation (check one):
As defendant (legal action being brought against the City or its agent or
official)
As plaintiff (City initiating legal action)
The space under "Existing litigation" shall be used to specifically identify a
case under discussion pursuant to subdivision (a) of Government Code
Section 54956.9, including the case name, court, and case number,
unless the identification would jeopardize the City's ability to effectuate
service of process upon one or more unserved parties, in which instance
the space in the next succeeding line shall be checked, or unless the
identification would jeopardize the City's ability to conclude existing
settlement negotiations to its advantage, in which instance the space in
the next succeeding line shall be checked. If the closed session is called
pursuant to subdivision (b) or (c) of Section 54956.9, the appropriate
space shall be checked under "Anticipated litigation" to indicate the City's
anticipated position as defendant or plaintiff respectively. If more than one
instance of anticipated litigation is to be reviewed, space may be saved by
entering the number of separate instances in the "As plaintiff City Initiating
legal action" or As defendant legal action being initiated against City"
spaces or both as appropriate.
(4) With respect to every item of business to be discussed in closed
session pursuant to Government Code Section 54955.95:
LIABILITY CLAIMS
Claimant: (Specify name unless unspecified pursuant to Section 54961)
Agency claimed against: (Specify name)
(5) With respect to every item of business to be discussed in closed
session pursuant to Government Code Section 54956.96:
CONFERENCE INVOLVING A JOINT POWERS AGENCY (specify by
name)
Discussion will concern: (Specify closed session description used by joint
powers agency)
Name of local agency representative on joint powers agency board:
(Specify name)
(Additional information listing the names of agencies or titles of
representatives attending the dosed session as consultants or other
representatives)
(6) With respect to every item of business to be discussed in closed
session pursuant to Government Code Section 54957, either:
THREAT TO PUBLIC SERVICES OR FACILITIES
Name, title and agency of law enforcement officer(s) to be conferred with:
or:
PUBLIC EMPLOYEE APPOINTMENT/HIRING
Title /description of position(s) to be filled:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Position and, in the case of a routine evaluation, name of employee(s)
being evaluated:
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or:
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Number of employees affected:
Employee Actions must always be listed under one of the Public
Employee agenda items and must list the affected employee.
(7) With respect to every item of business to be discussed in closed
session pursuant to Government Code Section 54957.6, either:
CONFERENCE WITH LABOR NEGOTIATORS
Name and title of City's negotiator:
Organization(s) representing:
Executive Management
Police Officers
Police Nonsworn
Firefighters
International Brotherhood of Electrical Workers (IBEW)
Management and Confidential Employees Association
Alameda City Employees Association
Unrepresented Employee: (specify title of unrepresented employee)
Anticipated issue(s) under negotiation:
Wages
Hours
Benefits
Working Conditions
Other (specify if known
All
Where renegotiating a memorandum of understanding or negotiating a
successor memorandum of under-standing, the name of the memorandum
of under-standing:
in case of multiple items of business under the same category, lines may
be added and the location of information may be reformatted to eliminate
unnecessary duplication and space, so long as the relationship of
information concerning the same item is reasonably clear to the reader. As
an alternative to the inclusion of lengthy lists of names or other information
in the agenda, or as a means of adding items to an earlier completed
agenda, the agenda may incorporate by reference separately prepared
documents containing the required information, so long as copies of those
documents are posted adjacent to the agenda within the time periods
required by Government Code Sections 54954.2 and 54956 and provided
with any mailed or delivered notices required by Sections 54954.1 or
54956.
2-9t8 Additional Requirements for Closed Sessions.
(a) Minutes of all closed sessions of any policy body covered by this
Ordinance, with the exception of closed sessions on Charter Officer performance
shall be taken by the City Clerk or designee. The City Attorney shall semi-
annually make a determination of whether any closed session minutes should
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continue to be exempt from disclosure, based on whether disclosure would be
detrimental to the City, and shall provide a report to Council.
(b) Each agenda item for a policy body covered by this ordinance that
involves existing litigation shall identify the court, case number, and date the
case was filed on the written agenda. For each agenda item for a group covered
by this ordinance that involves anticipated litigation, the City Attorney's Office or
the policy body shall disclose at any time requested and to any member of the
public whether such anticipated litigation developed into litigation and shall
identify the court, case number, and date the case was filed, unless the City
Attorney determines that lifting the exemption from disclosure would be
detrimental to the City.
2-91.9 Agendas And Related Materials: Public Records.
(a) Agendas of meetings and any other documents on file with the clerk of
the policy body, when intended for distribution to all, or a majority of all, of the
members of a policy body in connection with a matter anticipated for discussion
or consideration at a public meeting shall be made available to the public. To the
extent possible, such documents shall also be made available through the policy
body's Internet site. However, this disclosure need not include any material
exempt from public disclosure under this ordinance.
(b) Records which are subject to disclosure under subdivision (a) and
which are intended for distribution to a policy body prior to commencement of a
public meeting shall be made available for public inspection and copying upon
request prior to commencement of such meeting, whether or not actually
distributed to or received by the body at the time of the request.
(c) Records which are subject to disclosure under subdivision (a) and
which are distributed during a public meeting but prior to commencement of their
discussion shall be made available for public inspection prior to commencement
of, and during, their discussion.
(d) Records which are subject to disclosure under subdivision (a) and
which are distributed during their discussion at a public meeting shall be made
available for public inspection immediately or as soon thereafter as is practicable.
(e) A policy body may charge the direct cost of duplication for a copy of a
public record prepared for consideration at a public meeting. There shall be no
charge for providing digital versions of documents (for example, PDFs).
2- 91.10 Closed Sessions: Permitted Topics.
All information is public, though a policy body may, but is not required to,
hold closed sessions:
(a) With an applicant and applicant's attorney, if any, when a policy body
determines it is necessary to discuss and determine whether an applicant for a
license or license renewal, who has a criminal record, is sufficiently rehabilitated
to obtain the license, and consistent with the requirements of Government Code
Sec. 54956.7.
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(b) With its negotiator prior to the purchase, sale, exchange or lease of
real property by or for the City to grant authority to its negotiator regarding the
price and terms of payment for the purchase, sale, exchange, or lease.
(c) Based on advice of the City Attorney, to confer with, or receive advice
from, its legal counsel regarding pending litigation when discussion in open
session concerning those matters would likely and unavoidably prejudice the
position of the City in that litigation. Litigation shall be considered pending when
any of the following circumstances exist:
(1) An adjudicatory proceeding before a court, administrative body
exercising its adjudicatory authority, hearing officer, or arbitrator, to which
the City is a party, has been initiated formally; or,
(2) A point has been reached where, in the opinion of the policy
body on the advice of the City Attorney, based on existing facts and
circumstances, there is a significant exposure to litigation against the City,
or the body is meeting only to decide whether a closed session is
authorized pursuant to that advice or, based on those facts and
circumstances, the body has decided to initiate or is deciding whether to
initiate litigation.
(3) A closed session may not be held under this section to consider
the qualifications or engagement of an independent contract attorney or
law firm, for litigation services or otherwise.
(d) To discuss a claim for liability or losses consistent with Government
Code Section 54956.95.
(e) Based on the advice of the City Attorney, receive, discuss, and take
action concerning information obtained in a closed session of a joint powers
agency, consistent with Government Code Section 54956.96.
(f) With the Attorney General, district attorney, City Attorney, or chief of
police, or their respective deputies, or a security consultant or a security
operations manager on matters posing a threat to the security of public buildings,
a threat to the security of essential public services, including water, drinking
water, wastewater treatment, natural gas service, and electric service, or a threat
to the public's right of access to public services or public facilities.
(g) To consider the appointment, employment, evaluation of performance,
discipline, or dismissal of a City employee, if the policy body has the authority to
appoint, employ, or dismiss the employee, or to hear complaints or charges
brought against the employee by another person or employee unless the
employee complained of requests a public hearing. The body may exclude from
any such public meeting, and shall exclude from any such closed meeting, during
the comments of a complainant, any or all other complainants in the matter. The
term "employee" as used in this section shall not include any elected official,
member of a policy body or applicant for such a position, or person providing
services to the City as an independent contractor or the employee thereof,
including but not limited to independent attorneys or law firms providing legal
services to the City for a fee rather than a salary.
(h) With the City's designated representatives regarding the salaries,
salary schedules, or compensation paid in the form of fringe benefits of its
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represented and unrepresented employees, and, for represented employees, any
other matter within the statutorily provided scope of representation, consistent
with Government Code Section 54957.6.
2-91.11 Statement Of Reasons For Closed Sessions.
Prior to any closed session, a policy body shall state the general reason or
reasons for the closed session, and shall cite the statutory authority, including the
specific section and subdivision, or other legal authority under which the session
is being held. In the closed session, the policy body may consider only those
matters covered in its statement. In the case of regular and special meetings, the
statement shall be made in the form of the agenda disclosures and specifications
required by Section 2-91.7 of this article. In the case of adjourned and continued
meetings, the statement shall be made with the same disclosures and
specifications required by Section 2-91.7 of this article, as part of the notice
provided for the meeting.
In the case of an item added to the agenda as a matter of urgent
necessity, the statement shall be made prior to the determination of urgency and
with the same disclosures and specifications as if the item had been included in
the agenda pursuant to Section 2-91.7 of this article. Nothing in this section shall
require or authorize a disclosure of information prohibited by state or federal law.
2-91.12 Disclosure Of Closed Session Discussions And Actions.
(a) After every closed session, a policy body may in its discretion and in
the public interest, disclose to the public any portion of its discussion that is not
confidential under federal or state law, the Charter, or non-waivable privilege.
The disclosure shall be made through the presiding officer of the body or such
other person, present in the closed session, whom he or she designates to
convey the information.
(b) A policy body shall publicly report any action taken in closed session
and the vote or abstention of every member present thereon, as follows:
(1) Real Property Negotiations: Approval given to a policy body's
negotiator concerning real estate negotiations pursuant to Government
Code Section 54956.8 shall be reported as soon as the agreement is final.
If its own approval renders the agreement final, the policy body shall
report that approval, the substance of the agreement and the vote thereon
in open session immediately. If final approval rests with another party to
the negotiations, the body shall disclose the fact of that approval, the
substance of the agreement and the body's vote or votes thereon upon
inquiry by any person, as soon as the other party or its agent has informed
the body of its approval. If notwithstanding the final approval there are
conditions precedent to the final consummation of the transaction, or there
are multiple contiguous or closely located properties that are being
considered for acquisition, the document referred to in subdivision (b) of
this section need not be disclosed until the condition has been satisfied or
the agreement has been reached with respect to all the properties, or
both.
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(2) Litigation: Direction or approval given to the body's legal
counsel to prosecute, defend or seek or refrain from seeking appellate
review or relief, or to otherwise enter as a party, intervener or amicus
curiae in any form of litigation as the result of a consultation pursuant to
Government Code Section 54956.9 shall be reported in open session as
soon as given, or at the first meeting after an adverse party has been
served in the matter if immediate disclosure of the City's intentions would
be contrary to the public interest. The report shall identify the adverse
party or parties, any co- parties with the City, any existing claim or order to
be defended against or any factual circumstances or contractual dispute
giving rise to the City's complaint, petition or other litigation initiative.
(3) Employee Actions: Action taken to appoint, employ, dismiss,
transfer or accept the resignation of a public employee in closed session
pursuant to Government Code Section 54957 shall be reported
immediately in a manner that names the employee, the action taken and
position affected and, in the case of dismissal for a violation of law or of
the policy of the City, the reason for dismissal, unless the City Attorney
determines that disclosure would be detrimental to the City. "Dismissal"
within the meaning of this ordinance includes any termination of
employment at the will of the employer rather than of the employee,
however characterized.
(4) Collective Bargaining: Any collectively bargained agreement
shall be made publicly available at least 15 calendar days before the
meeting of the policy body to which the agreement is to be reported. At a
City Council meeting no less than 30 days before the initiation of
bargaining of a new or extended collectively bargained agreement, the
City Manager shall report the initiation of bargaining and the collectively
bargained agreement shall be publicly made available
(c) Reports required to be made immediately may be made orally or in
writing, but shall be supported by copies of any contracts, settlement
agreements, or other documents related to the transaction that were finally
approved or adopted in the closed session and that embody the information
required to be disclosed immediately shall be provided to any person who has
made a written request regarding that item following the posting of the agenda, or
who has made a standing request for all such documentation as part of a request
for notice of meetings pursuant to Government Code Sections 54954.1 or 54956.
(d) A written summary of the information required to be immediately
reported pursuant to this section, or documents embodying that information, shall
be posted by the close of business on the next business day following the
meeting, in the place where the meeting agendas of the body are posted.
(e) The City Attorney's office shall prepare and present on the City Council
Consent Calendar, a list of documents which have been determined to be public
after previously being determined to be unavailable to the public. This list shall be
presented at least semi- annually and available on the City's website.
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2-91.13 Barriers To Attendance Prohibited.
(a) No policy body shall conduct any meeting, conference or other function
in any facility that excludes persons on the basis of actual or presumed class
identity or characteristics, or which is inaccessible to persons with physical
disabilities, or where members of the public may not be present without making a
payment or purchase. Whenever the City Council, a board or commission
enumerated in the City Charter or Municipal Code, or any committee thereof
anticipates that the number of persons attending the meeting will exceed the
legal capacity of the meeting room, any public address system used to amplify
sound in the meeting room shall be extended by supplementary speakers to
permit the overflow audience to listen to the proceedings in an adjacent room or
passageway, unless such supplementary speakers would disrupt the operation of
a City office.
(b) Each board and commission enumerated in the Charter shall provide
sign language interpreters or note - takers at each regular meeting, provided that a
request for such services is communicated to the secretary or clerk of the board
or commission at least 48 hours before the meeting, except for Monday
meetings, for which the deadline shall be 4 p.m. of the last business day of the
preceding week.
(c) Each board and commission enumerated in the Charter shall ensure
that accessible seating for persons with disabilities, including those using
wheelchairs, is made available for each regular and special meeting.
(d) Each board and commission enumerated in the City Charter or
Municipal Code shall include on the agenda for each regular and special meeting
the following statement: "In order to assist the City's efforts to accommodate
persons with severe allergies, environmental illnesses, multiple chemical
sensitivity or related disabilities, attendees at public meetings are reminded that
other attendees may be sensitive to various chemical based products. Please
help the City accommodate these individuals."
(e) The City Council shall seek to provide translators at each of its regular
meetings and all meetings of its committees for each language requested, where
the translation is necessary to enable Alameda residents with limited English
proficiency to participate in the proceedings provided that a request for such
translation services is communicated to the City Clerk at least 48 hours before
the meeting. For meetings on a Monday or a Tuesday, the request must be made
by noon of the last business day of the preceding week. The unavailability of a
translator shall not affect the ability of the City Council or its committees to
deliberate or vote upon any matter presented to them. In any calendar year in
which the costs to the City for providing translator services under this subsection
exceeds $20,000, the City Council shalt, as soon as possible thereafter, review
the provisions of this subsection.
(f) Meetings of public bodies shall adjourn no later than 11 pm, unless the
meeting is extended by a majority vote of the body.
(1) If the body extends three meetings in a row past 11 pm, the body
shall also be required, as a part of the motion to extend the meeting, to
increase the number of regular meetings of the council, board or
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commission in order to accomplish the business before the body before
11 pm.
(2) No new items will begin after 10:30 pm unless a supermajority
of the body votes to allow the items to be heard. Nominations,
announcements, and Council communications may continue to be heard
after 10 :30 pm whether or not a supermajority of the body has voted to
extend the meeting.
2- 91.14 Video and Audio Recording, Filming And Still Photography.
(a) Any person attending an open and public meeting of a policy body
shall have the right to record the proceedings with an audio or video recorder or
a still or motion picture camera, or to broadcast the proceedings, in the absence
of a reasonable finding of the policy body that the recording or broadcast cannot
continue without such noise, illumination or obstruction of view as to constitute a
persistent disruption of the proceedings.
(b) Each board and commission enumerated in the Charter shall audio
record each regular and special meeting. Each such audio recording, and any
audio or video recording of a meeting of any other policy body made at the
direction of the policy body shall be a public record subject to inspection pursuant
to the California Public Records Act (Government Code Section 6250 et seq.),
and shall not be erased or destroyed. inspection of any such recording shall be
provided without charge on an appropriate play back device made available by
the City.
(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 that is equipped with audio or video
recording facilities, except to the extent that such facilities may not be available
for technical or other reasons. Each such audio or video recording shall be a
public record subject to inspection pursuant to the California Public Records Act
(Government Code Section 6250 et seq.), and shall not be erased or destroyed.
The City shall make such audio or video recording available via livestreaming, as
well as archived in digital form at a centralized location on the City's website
within seventy -two hours of the date of the meeting or hearing and for a period of
at least ten years after the date of the meeting or hearing. Inspection of any such
recording shall also be provided without charge on an appropriate play back
device made available 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 requirements for recording closed sessions as
stated in Section 2 -91.8 and for recording 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:
1. City Council (and all bodies associated with its members
Including:
a. Alameda Reuse and Redevelopment Authority
(ARRA)
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b. Community Improvement Commission (CIC)
c. Alameda Public Finance Authority (APFA)
d. Housing Authority Board of Commissioners
(HABOC)
2. Planning Board
3. Transportation Commission (TC)
4. Economic Development Commission (EDC)
5. Historic Advisory Board (NAB)
6. Recreation and Park Commission
7. Open Government Commission
(2) All video of these meetings will be posted on the City's website
for easy public access.
(3) Meetings that are held in locations where video is not possible,
will be recorded in a digital audio format and made available in the same
Internet archive as videos for the appropriate body.
2 -91.15 Public Testimony.
(a) Every agenda for regular meetings shall provide, before undertaking
regular business and again at the end of the meeting, an opportunity for
members of the public to directly address a policy body on items of interest to the
public that are within the policy body's subject matter jurisdiction, provided that
no action shall be taken on any item not appearing on the agenda unless the
action is otherwise authorized by Section 2- 91.5(e) of this article. The Council
agenda shall provide up to fifteen minutes for this use. However, in the situation
of the City Council, the agenda does not have to provide an opportunity for
members of the public to address the Council on any item that has been
considered by a subcommittee comprised only of Councilmembers at a public
meeting, unless the item has been substantially changed since the subcommittee
heard the item. The City Council shall have the authority to determine whether
the item has been substantially changed.
'l) If the number of speakers interested in speaking under "Public
Comment/Non-Agendized Items" exceeds the 15- minute period, additional
time will be made available at the end of the meeting.
(2) In the instance where more speakers than can be
accommodated within 15 minutes have signed up to speak, the City
Clerk's office will randomly select the order in which speakers will be
chosen to speak at the beginning of the meeting.
(b) Every agenda for regular or special meetings at which action is
proposed to be taken on an item shall provide an opportunity for each member of
the public to directly address the body concerning that item before taking action.
Public comments on closed session items shall be taken before the closed
session is convened. The presiding official of any body may request speakers
representing similar views to designate a spokesperson in the interest of time.
Spokespersons for the proponent(s) of an agenda item and for the opponent(s)
shall each have 15 minutes to present their case. The spokesperson for the
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proponent(s) shall have five minutes to present any rebuttal. Other speakers may
be requested to keep their remarks concise.
(c) A policy body shall not abridge or prohibit public criticism of the policy,
procedures, programs or services of the City, or of any other aspect of its
proposals or activities, or of the acts or omissions of the body, on the basis that
the performance of one or more public employees is implicated, or on any basis
other than reasonable time constraints adopted in regulations pursuant to
subdivision (b) of this section.
(d) To facilitate public input, any agenda changes or continuances shall be
announced by the presiding officer of a policy body at the beginning of a meeting,
or as soon thereafter as the change or continuance becomes known to such
presiding officer.
(e) All staff reports, presentations, comments from parties with a direct
connection to the agenda item, and council questions will be presented before
the public has an opportunity to speak so as to provide the fullest opportunity for
public input on all issues before the board, commission or council.
2- 91.16 Minutes.
The clerk or secretary of each board and commission enumerated in the
Charter shall record the minutes for each regular and special meeting of the
board or commission. The minutes shall state the time the meeting was called to
order, the names of the members attending the meeting, the roll call vote on
each matter considered at the meeting, the time the board or commission began
and ended any closed session, the names of the members and the names, and
titles where applicable, of any other persons attending any closed session, a list
of those members of the public who spoke on each matter if the speakers
identified themselves, whether such speakers supported or opposed the matter,
a brief summary of each person's statement during the public comment period for
each agenda item, and the time the meeting was adjourned. Any person
speaking during a public comment period may supply a brief written summary of
their comments which shall, if no more than 150 words, be included in the
minutes.
The draft minutes of each meeting shall be available for inspection and
copying upon request no later than ten working days after the meeting. The
officially adopted minutes shall be available for inspection and copying upon
request no later than ten working days after the meeting at which the minutes are
adopted. Upon request, minutes required to be produced by this section shall be
made available in Braille or increased type size.
2-91.17 Public Comment By Members Of Policy Bodies.
Every member of a policy body retains the full constitutional rights of a
citizen to comment publicly on the wisdom or propriety of government actions,
including those of the policy body of which he or she is a member. Policy bodies
shall not sanction, reprove or deprive members of their rights as elected or
appointed officials for expressing their judgments or opinions, including those
which deal with the perceived inconsistency of non- public discussions,
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communications or actions with the requirements of state or federal law or of this
ordinance.
2 -92 PUBLIC INFORMATION.
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 6253.9 are incorporated herein by reference.
2-92.2 Responsibilities Of Staff.
(a) The City Manager shall ensure that staff is trained regarding their
obligations under this Ordinance. The City Clerk shall be the City Custodian of
Records and the City Manager shall designate a Custodian of Records for the
Police Department. The City Clerk shall also designate in each department/office
a Departmental Custodian of Records who shall ensure that all department staff
who have contact with the public are prepared to provide written and oral
information to the public.
(b) The City Clerk 'City Custodian of Records' shall, during normal hours
of operation, without unreasonable delay, and without requiring an appointment,
permit any person to inspect Public Record(s). The Custodian of Records of the
Police Department shall during normal hours of operation, without unreasonable
delay, and without requiring an appointment, permit any person to inspect Public
Record(s). The Custodians may establish reasonable limits to ensure orderly
functioning of the office and protect Records from theft or damage.
(c) Every 'Custodian of Records' shall, as soon as possible and within ten
(10) days following receipt of a request for a Public Record, comply with such
request. If a Custodian of Records believes the record requested is exempt from
disclosure, he /she shall state in writing the express provisions of law that justify
withholding the record.
(d) When a member of the public submits a request for information to any
paid or elected agent of the City, that agent shall respond to said request within
three (3) business days by providing the information or explaining how, when,
and by whom the information will be provided, and who shall then have the
responsibility of responding within ten (10) days of receipt of such referral.
Requests submitted in person, via telephone, or via email or through the City
website are considered requests.
(e) Nothing in this Section shall be interpreted to hinder ordinary
assistance in supplying records or information to the public and informal
communication between members of the public, staff, and members of
Legislative Bodies.
(f) While not required, a written request is recommended in order to create
a paper trail for the convenience and reference of the requestor.
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2-92.3 Responsibilities Of The Mayor.
If the Mayor delivers a State of the City address, it shall be given in a
disabled accessible venue with audio and video-streaming and transmission
capabilities. The event shall be noticed, recorded, free to the public and open to
all. The address shall include a report on the previous year's Sunshine
complaints, how they were resolved, and a summary of any actions taken or
pending related to provisions of this Ordinance.
2.92.4 Notices And Posting Of Information.
(a) At a minimum, the following shall be posted on the City's website and
provided in written form in the City Clerk's Office and at the reference desk of
each Alameda public library. These documents must be posted on the City
Website for a period of at least four (4) years:
City Charter
Alameda Municipal Code
Building Code
General Plan and Area Plans
Zoning Ordinance
Landmarks Preservation Ordinance
Sunshine Ordinance
Citizen's Guide to Public Information
Records Index
Records Retention Schedule
Council Rules of Procedure
Conflict of interest Code
Statements of Economic Interest
Executive Management Work Plans
Capital Improvement Plans
Agendas and Minutes of the Meetings of all Legislative Bodies
Budgets
(b) At a minimum, within six (6) months after enactment of this Ordinance,
each Legislative Body shall have posted on the City's website all current meeting
Agendas, minutes, and other documents required to be made public and
thereafter, make reasonable efforts to post past materials. Each Legislative Body
shall make reasonable efforts to ensure that its portion of the City's website is
updated on at least a weekly basis.
(c) Large documents, such as drafts and final copies of City budgets and
records concerning environmental impacts, including but not limited to, those
resulting from compliance with the California Environmental Quality Act (CEQA)
and the National Environmental Protection Act (NEPA), shall be posted on the
City's website and made available at designated City offices with copies available
for borrowing by the public at each Alameda public library.
(d) Notices shall be written in easily understood language without
undefined abbreviations or acronyms and give a full description of the subject,
applicable regulations, significant consequences of taking action or non-action,
20
when and where the subject will be considered, opportunities for public comment,
and where to obtain further information.
(e) The Open Government Commission shall review public notices to
ensure that they conform to the requirements of this Ordinance and work to
improve publicly accessible information databases to ensure consistency, equity,
timing, and extent of noticing for meetings and other matters of public interest.
(f) Right to notice regarding matters that may impact the physical
environment shall be equivalent for residential and commercial tenants and
property owners.
(g) Meetings on matters related to or actions taken in anticipation of a
potential development project or other land use matter, such as but not limited to
grant applications, project funding, and ordinance changes, including but not
limited to, General Plan and area plan amendments or rights transfers, shall be
noticed at least as extensively as is required for meetings on said projects.
(h) Online Public Records Repository. The City shall maintain an online
repository of public documents on a publicly accessible website. The repository
will allow the public to download any document in the repository in its entirety.
) Documents in the repository shall be searchable at a minimum
by title, date, author(s), and related City department(s).
(2) Public documents should routinely be published to the public
records repository by default. Documents are not required to be added to
the repository where it would be cost prohibitive to do so.
2 -92.5 Public Records Index.
(a) The City shall maintain a Public Records Index that identifies types of
records maintained by departments and offices, including those of elected
officials and Legislative Bodies. The Index shall be available to the public and
organized under a uniform reference system that permits a general
understanding of the types of records maintained, in which offices and
departments, and for what periods of retention. The Index shall be sufficient to
aid the public in making a focused inquiry regarding Public Records. The Index
shall be posted on the City's website and available in written form in the City
Clerk's office and in each Alameda public library.
(b) The Index shall classify each type of record as either:
(1) "open," meaning accessible to the public without exception and
subject to immediate disclosure; or
(2) "Partially Open," meaning possibly containing some exempt
content, such that review is required; or
(3) "Has been determined Exempt" meaning that disclosure of the
document may be restricted by State or Federal law. Each classification of
a record as "Partially Open" or "Exempt" shall identify the specific legal
authority relied upon in assigning that classification.
(c) The City Clerk Custodian of Records shall be responsible for preparing
and maintaining the Index. He/she shall report on the progress of developing the
Index to the Commission on at least a quarterly basis until it is completed, which
shall be no later than twelve (12) months from the enactment of this Ordinance.
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In identifying the types of records to be maintained, each department, office,
Legislative Body, and public official is encouraged to solicit public participation in
developing a meaningful Records Index. The completed Index shall be reviewed
by the Open Government Commission and submitted for approval by the City
Council.
(d) The Index shall be periodically reviewed by staff and Open
Government Commission for accuracy and completeness.
(e) A list of any change in the Index shall be noted on the City's website.
2 -92M Opinions on Matters of Public Concern.
Public employees and City board, commission, or committee members
shall not be discouraged from or disciplined for the expression of their personal
opinions on any matter of public concern while not on duty, so long as the
opinion is not represented as that of the City, department, board, commission or
committee and does not materially misrepresent the City, department, board,
commission or committee's position. Nothing in this section shall be construed to
provide rights to public employees beyond those recognized by law or
agreement, or to create any new private cause of action or defense to
disciplinary action.
2 -92.7 Public Review File — Policy Body Communications.
Every Commission, Board or other Official Body of the City of Alameda
shall maintain a communications file, organized chronologically and accessible to
any person during normal business hours, containing a copy of any letter,
memorandum or other writing pertaining to the body's duties which the clerk or
secretary of such body has distributed to, or sent on behalf of, a quorum of the
body concerning a matter that has been placed on the body's agenda within the
previous 30 days or is scheduled or requested to be placed on the agenda within
the next 30 days. Excepted from the communications file shall be commercial
solicitations, mail sent bulk -rate, agenda and agenda - related material, periodical
publications or communications exempt from disclosure under the California
Public Records Act or this title. Multiple -page reports, studies or analyses which
are accompanied by a letter or memorandum of transmittal need not be included
in the communications file; provided, that the letter or memorandum of transmittal
Is included in the communications file and the reports, studies or analyses are
readily available for review.
2-92.8 Non- Exempt Public Information.
Notwithstanding any right or duty to withhold certain information under the
California Public Records Act or other law, 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
6254(a) if said completed preliminary draft or memorandum has been retained in
the ordinary course of business or pursuant to law or agency or department
policy. Completed preliminary drafts and memoranda concerning agreements,
22
memoranda of understanding or other matters subject to negotiation and pending
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.
(b) Litigation Material. Unless otherwise privileged or made confidential by
law, records of all communications between a body's representatives and the
adverse party shall be subject to public inspection and copying, including the text
and terms of any settlement agreement, once the pending litigation has been
settled or finally adjudicated.
(c) Personnel Information. None of the following shall be exempt from
disclosure under Government Code Section 6254(c):
(1) Job pool information, to the extent such information is compiled
for reporting purposes and does not permit the identification of any
particular individual. Such job pool information may include the following:
(A) Sex, age and ethnic group;
(B) Years of graduate and undergraduate study, degree(s)
and major or discipline;
(C) Years of employment in the private and /or public sector;
(D) Other non-identifying particulars as to experience
credentials, aptitudes, training or education entered in or attached
to a standard employment application form used for the positioning
in question.
(2) The job description of every employment classification.
(3) Any adopted memorandum of understanding between the City
and a recognized employee organization.
(4) Individual employee salaries.
(d) Law Enforcement Information.
(1) The Alameda police department and its Custodian of Records
shall cooperate with all members of the public making requests for law
enforcement records and documents under the California Public Records
Act or other applicable law. Unless disclosure of the records sought is
prohibited by other provisions of state or federal law, records and
documents exempt from disclosure under the California Records Act
pertaining to any investigation, arrest or other law enforcement activity
shall be disclosed to the public to the full extent permitted by law after the
district attorney or court determines that a prosecution will not be sought
against the subject involved or the statute of limitations for filing charges
has expired, whichever occurs first. Information may be redacted from
such records and documents and withheld if, based upon the particular
facts, the public interest in nondisclosure clearly outweighs the public
interest in disclosure. Redacted Law Enforcement information may
include:
(A) The names of juvenile witnesses or suspects;
(B) Personal or otherwise private information related or
unrelated to the investigation if disclosure would constitute an
unwarranted invasion of privacy;
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(0) The identity of a confidential source;
(D) Secret investigative techniques or procedures;
(E) Information whose disclosure would endanger law
enforcement personnel, a witness, or party to the investigation; or
(F) Information whose disclosure would endanger the
successful completion of an investigation where the prospect of
enforcement proceedings is likely.
(G) Any information required by State or federal law is to be
kept confidential.
(2) The Alameda police department shall maintain a record, which
shall be a public record and which shall be separate from the personnel
records of the agency, which reports the number of citizen complaints
against law enforcement agencies or officers, the number and types of
cases i
(2) The requested records are in the possession of the department
processing the request;
(3) The requested records are stored in a location outside of the
department;
(4) The requested records likely comprise a voluminous amount of
separate and distinct writings;
(5) Reasonably involves another department or other local or state
agency that has a substantial subject matter interest in the requested
records and which must be consulted in connection with the request.
(b) Additional time shall not be permitted to delay a routine or readily
answerable request.
(c) The person seeking the information need not state a reason for making
the request or the use to which the information will be put, but may be advised
that providing such information may help the City assist the person finding all
documents responsive to their request.
(d) Unless the record request will be satisfied within one business day, an
acknowledgement of receipt of the request or notification that additional time is
needed pursuant to subsection (A) of this section shall be sent to the requestor if
an address has been provided.
2 -92.10 Immediate Disclosure Request.
(a) An immediate disclosure request is a request for (1) public records
which have been previously distributed to the public, such as past meeting
agendas and agenda - related materials, and including public records requests,
within the past calendar year, or (2) public records that have, by other law, a
requirement to be disclosed within a specific shortened time frame. All immediate
disclosure requests shall describe the records sought in as focused and specific
language as possible so they can be readily identified and shalt state the words
"Immediate Disclosure Request" across the top of the first page of the request
and on any envelope in which the request is transmitted.
(b) An immediate disclosure request shall be satisfied no later than three
business days unless the requestor is advised in writing within two business days
that additional time is needed because of the volume of records sought.
2 -92.11 Withholding Restrictions.
No record shall be withheld from disclosure in its entirety unless all
information contained in it is exempt from disclosure by law. Any redacted or
withheld information or documents shall be explained in writing.
2 -92.12 Justification For Withholding.
Any withholding of information shall be justified, in writing, as follows:
(a) A withholding under a permissive exemption in the California Public
Records Act or this title shall cite the legal authority and, where the exemption is
based on the public interest in favor of not disclosing, explain in practical terms
how the public interest would be harmed by disclosure.
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(b) A withholding on the basis that disclosure is prohibited by law shall cite
the applicable legal authority.
(c) A withholding on the basis that disclosure would incur civil or criminal
liability shall cite any statutory or case law supporting that position.
2.92.13 Fees For Copying.
(a) No fee shall be charged for making public records available for
inspection.
(b) No fee shall be charged for a single copy of a current meeting agenda.
(c) A fee may be charged for non-digital copies of:
(1) Single or multiple copies of past meeting agendas or any
agenda-related materials;
(2) Multiple copies of a current meeting agenda; and
(3) Any other public record copied in response to a specific request.
(d) The City may, rather than making copies itself, contract at market rate
to have a commercial copier produce the duplicates and charge the cost directly
to the requester.
(e) All drafts or final environmental impact reports and environmental
impact statements shall be posted either on the City's website or on the
consultant's website.
(f) In addition to the copies routinely required for City official or staff use,
the City shall require the applicant for a project that is, or will be, of widespread
public interest to pay for up to 20 copies of documents such as environmental
impact reports. These copies will be provided on a first-come, first-serve basis at
no cost to members of the public. The City Manager or designee shall determine
if and how many extra copies will be required on a case by case basis.
(g) If records requested are available or can be made available in
electronic format, they will be provided as such at no cost. Electronic documents
will be delivered via email or by posting on the City website. Requests for
documents in their original electronic format will be respected unless cost-
prohibitive to fully redact.
(h) All fees permitted under this section shall be determined and specified
in the City of Alameda master fee schedule, as amended. When the cost of
writing a receipt and collecting the fees required under this section would exceed
the cost of the copies, the copying fee may be waived. The master fee schedule
shall note the maximum amount that may be waived.
(I) Nothing in this section shall be interpreted as intending to preempt any
fee set by or in compliance with state law.
2-92.14 Website Information.
Each department shall make an effort to ensure its portion of the City's
website is kept current. Each department shall also post public documents that
are of interest to a wide number of the public.
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2-92.15 Requests Made By Email.
Records requests made by email must be acknowledged with an e-mail
reply to the sender.
2-92.16 Policy Regarding Purchase And Use Of Computer Systems.
(a) It is the policy of the City to utilize computer technology in order to
reduce the cost of public records management, including the costs of collecting,
maintaining, and disclosing records subject to disclosure to members of the
public under this chapter. To the extent that it is technologically and economically
feasible, departments that use computer systems to collect and store public
records shall select these systems to ensure convenient, efficient, and
economical public access to records.
(b) Departments purchasing new computer systems shall attempt to reach
the following goals as a means to achieve lower costs to the public in connection
with the public disclosure of records:
(1) Implementing a computer system in which exempt information is
segregated or filed separately from otherwise disclosable information.
(2) Implementing a system that permits paper reproduction of
electronic copies of records.
(c) Nothing in this section shall be interpreted to require the City to use a
system that would prevent it from complying with the security requirements of the
state and federal governments for accessing their records.
2-92.17 Policy Regarding Electronic Formats.
(a) Electronic formats used to represent public documents should be
chosen so they are easily accessible to the public.
(1) Electronic documents will be published in a machine-
processable format so that the public can sort, search, and transform the
information to meet their needs. For example, text documents must be
delivered such that the text itself is machine-processable and can be
searched or processed by text-to-speech software. Documents originally
in handwritten form are exempt from this requirement.
(2) Except in the case where the City can cite a significant
overriding consideration, electronic formats shall be chosen such that they
can be viewed on a variety of mainstream computing platforms using
freely available software. Electronic formats susceptible to obsoletion and
patent licensing restrictions and formats dependent on a single operating
system or proprietary software program shall not be used.
Care must be taken with any electronic documents that have
redactions. Some document formats retain a history of changes made, so
while some content may appear to be deleted from a document it may be
recoverable. Staff who perform redactions are responsible for
understanding the implications of the document formats they are using
and ensuring that redacted information is completely removed from the
document.
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2-93 ENFORCEMENT PROVISIONS.
2-93.1 Primary Regulatory And Enforcement Body.
The main work of enforcing the City of Alameda's Sunshine Ordinance will
fall upon an Alameda Open Government Commission consisting of five (5)
members, full-time City residents. Each member of the City Council will appoint
an Alameda resident to serve on the commission for a term that is concurrent
and linked with the service of the appointing City Council member, but in no
event shall exceed four years. 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. All
members must have experience and/or demonstrated interest in the issues of
citizen access and participation in local government. 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.
(a) A member can only be removed by a 415 majority vote of the City
Council.
(b) The Commission shall elect a chair from among its members. The term
of office as chair shall be one year. 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.
(c) The Commission shall advise the City Council on appropriate ways in
which to implement this chapter. The Commission shall develop goals to ensure
practical and timely implementation of this chapter. The Commission shall
propose to the City Council amendments to this chapter. The Commission shall
report in writing to the City Council at least once annually on any practical or
policy problems encountered in the administration of this chapter. The
Commission shall, from time to time as it sees fit, issue public reports evaluating
compliance with this ordinance by the City or any Department, Office, or Official
thereof.
(d) 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.
2-93.2 Complaint Procedures Regarding Alleged Violations Of The
Sunshine Ordinance.
(a) A complainant must file a complaint no more than 15 days after an
alleged violation of the Sunshine Ordinance.
(b) Upon filing of an official complaint form (including submittal of all
evidence) with the City Clerk's Office, the complainant and the City (as
respondent) shall appear at a hearing scheduled no later than thirty (30)
business days. During this hearing the Commission will provide the parties with
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the chance to present evidence and make arguments. The Commission will
render a formal written decision on the matter within fourteen (14) business days
of the conclusion of the hearing.
(c) No complaint will be accepted by the Commission against a member of
the City Council or an officially declared candidate within forty -five (45) days of a
City election.
2 -93.3 Cure And Correction.
Nothing in this Ordinance shall prevent a body from curing or correcting an
action. A body shall cure and correct an action by placing the challenged action
on a subsequent meeting agenda for separate determinations of whether to cure
and correct the challenged action and, if so, whether to affirm or supersede the
challenged action after first taking any new public testimony. The time limits of
the Brown Act shall not be tolled pending any action to cure an alleged violation
of the Sunshine Ordinance.
2 -93.4 Responsibility For Administration.
Only the City Council shall be responsible for the administration and
coordination of the provisions of the Alameda Sunshine Ordinance, except to the
extent that the City Manager carries out the responsibilities described in Section
2 -92.2.
2 -93.5 Department Head Declarations.
All City employees or officials who are required to file FPPC Form 700
shall sign an annual affidavit or declaration stating under penalty of perjury that
they have read the Sunshine Ordinance and have attended or will attend when
next offered, a training session on the Sunshine Ordinance, to be held at least
annually. Annual training shall be provided by the Alameda City Attorney's Office
with the assistance of the Commission.
2 -93.6 Annual Public Report.
The Commission 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 during the previous calendar
year. The report shall identify the nature of the alleged violation, the relief sought
by each petition, the disposition 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.
2-93.7 Sunshine Ordinance Supersedes Other Local Laws.
The provisions of this Sunshine Ordinance supersede other local laws.
Whenever a conflict in local law is identified, the requirement which would result
in greater or more expedited public access to public information shall apply.
2 -93.8 Penalties.
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(a) If the Commission finds a violation of Sec. 2 -01, the Commission may
order the action of a body null and void and /or may issue an order to cure or
correct. The Commission may impose a $250 fine on the City for a subsequent
similar violation, and a $500 fine for a third similar violation, that occurs within the
same 12 -month period.
(b) If the Commission finds a violation of Sec. 2 -92, the Commission may
order the City to comply. The Commission may impose a $250 fine on the City
for a subsequent similar violation, and a $500 fine for a third similar violation, that
occurs within the same 12 -month period.
(c) Fines shall be used for records retention technology, and /or Sunshine
Ordinance training and education.
(d) A person who makes more than two complaints in one 12 -month
period that are determined by the Commission to be unfounded shall be
prohibited from making a complaint for the next five years.
Section 2. Sections of this Ordinance shall be deemed to be severable. Should
any section, paragraph, or provision hereof be declared by the courts to be
unconstitutional or invalid, such holding shall not affect the validity of this
Ordinance as a whole or any part thereof, other than the part so declared to be
unconstitutional or invalid.
Section 3. This Ordinance shall be in full fc §rce on February 'l, 2012.
Attest:
Lara Weisiger, clerk
City of Alameda
Presiding Officer o the council
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1, 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 1st day of November, 2011, 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, 1 have hereunto set my hand and affixed the
official seal of said City this 2nd day of November, 2011.
Lara Weisiger, C Ierk
City of Alameda
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