Alameda Municipal Code § 2-93 Enforcement Provisions

Editor's note— Ord. No. 3363 N.S., § 7, adopted March 5, 2024, repealed § 2-93.1, which pertained to primary regulatory and enforcment body and derived from Ord. No. 3036 N.S., § 1, adopted November 1, 2011; Ord. No. 3042, § 4, adopted Janury 3, 2012.

a. Any person may file a complaint with the City Clerk's Office concerning any violation of the Sunshine Ordinance no more than fifteen (15) days after the alleged violation. Such complaint shall be heard by a Hearing Officer consistent with Section 1-8 of this Code. No complaint shall be accepted when filed against a member of the City Council or an officially declared candidate within forty-five (45) days of a City election.

b. Upon filing of an official complaint form (including submittal of all evidence) with the City Clerk's Office, the complainant and the City (as respondent) shall appear at a hearing scheduled, in consultation with all relevant parties as soon as practicable and no later than thirty (30) business days from the date the complaint is filed unless all relevant parties agree to a later date or the Hearing Officer finds good cause for an extension of time. A complainant's failure to respond to communications from the City Clerk's Office, after reasonable attempts have been made using all reasonably available means of making contact with complainant, related to setting the hearing may lead to a forfeiture of the complaint.

c. The Hearing Officer shall provide the parties with the opportunity to file written materials (e.g., briefs), present evidence and make arguments. The Hearing Officer shall issue a written decision concerning the complaint and include a finding whether the complaint was unfounded. A complaint shall be determined to be unfounded if it was brought without any reasonable basis. The decision shall be issued as soon as practicable, and no later than thirty (30) business days after the conclusion of the hearing. All Hearing Officer decisions shall be posted on the City's website and promptly forwarded to the Commission and the City Council. Within the City's website, the City shall provide a listing of Hearing Officer decisions on complaints brought pursuant to this section. For decisions in which the Hearing Officer issues a "cure or correct" recommendation pursuant to subsection 2-93.8 of this section, the relevant policy body's action in response to that recommendation shall be listed as well.

d. The Commission may consider Hearing Officer decisions in support of its duty to provide advice to the City Council on the administration of the Sunshine Ordinance.

(Ord. No. 3036 N.S., § 1, 11-1-2011; Ord. No. 3261 N.S., § 9, 2-18-2020; Ord. No. 3306 N.S., § 1, 9-21-2021; Ord. No. 3363 N.S., § 8, 3-5-2024)

Nothing in this article 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.

(Ord. No. 3036 N.S., § 1, 11-1-2011)

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.

(Ord. No. 3036 N.S., § 1, 11-1-2011)

All City employees and 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 every third year, provided: (a) newly hired employees and newly elected or appointed officials shall within six (6) months of their hire, election or appointment either attend a training session or review the tape of the most recent training session; and (b) additional training session shall be provided when there are substantive amendments to the Sunshine Ordinance. The Alameda City Attorney's Office with the assistance of the Commission shall provide the training, which training session will be taped.

(Ord. No. 3036 N.S., § 1, 11-1-2011; Ord. No. 3151 N.S., § 16, 4-19-2016)

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 heard by the Hearing Officer during the previous calendar year. The report shall identify the nature of the alleged violation, the relief sought by each petition, the disposition or current status thereof, the location of all records relevant to each petition, and any practical or policy problems encountered in the administration of the Sunshine Ordinance.

(Ord. No. 3036 N.S., § 1, 11-1-2011; Ord. No. 3363 N.S., § 9, 3-5-2024)

To the extent permitted by law, 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.

(Ord. No. 3036 N.S., § 1, 11-1-2011; Ord. No. 3261 N.S., § 10, 2-18-2020)

a. If the Hearing Officer finds a violation of Section 2-91 (Public Access to Meetings), the Hearing Officer may recommend to the originating body steps necessary to cure or correct the violation. The originating body shall consider the Hearing Officer's recommendation and, as soon as practicable, render a final decision on whether to accept or reject the Hearing Officer's decision, in whole or in part. Such a final decision is not subject to further administrative appeal except for judicial review. The City is encouraged to consider taking all necessary actions to maintain the status quo pending the originating body's review of the Hearing Officer's recommendations, to the extent doing so would not be prejudicial to the City.

b. If the Hearing Officer finds a violation of Section 2-92 (Public Information), the Hearing Officer may recommend to the City steps necessary to cure or correct the violation. The City Clerk, City Manager and/or the City Attorney, as appropriate, shall promptly consider the Hearing Officer's recommendations and inform the Council of their final decision. The final decision is not subject to further administrative appeal except for judicial review.

c. A person who makes more than two (2) complaints in one (1) twelve (12) month period that are determined by the Hearing Officer to be unfounded shall be prohibited from making a complaint for the next five (5) years.

(Ord. No. 3036 N.S., § 1, 11-1-2011; Ord. No. 3261 N.S., § 11, 2-18-2020; Ord. No. 3306 N.S., § 2, 9-21-2021; Ord. No. 3363 N.S., § 10, 3-5-2024)