Chapter 12.21 — OPEN GOVERNMENT

A.

This chapter will be referred to as the "open government ordinance." The city is committed to open and honest government and strives to meet the community's expectations consistently by providing excellent service, in a positive and timely manner, and in the full view of the public.

B.

The city council appointed the sunshine reform task force to provide recommendations on a number of matters related to open government. The recommendations of the sunshine reform task force included tools to increase public access to information, enhance neighborhood and community participation, and ensure government accountability.

C.

The specific recommendations of the sunshine reform task force, as adopted by the city council, are contained in that certain consolidated open government and ethics resolution adopted simultaneously with this chapter and referred to as "the consolidated open government and ethics resolution." These policies and procedures are an integral part of a citywide initiative to assist all segments of city government to understand and adopt the reforms and model the behavior of an ethical organization. These policies and procedures are intended to complement the city employee values of integrity, respect, innovation, excellence, collaboration and celebration.

D.

The provisions of this chapter and the consolidated open government and ethics resolution implementing this chapter, are in addition to all applicable state laws.

(Ord. 29460.)

Part 2 - DEFINITIONS

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 29460.)

"Brown Act" means the Ralph M. Brown Act (Government Code Sections 54950 et seq.), as amended. Except as otherwise provided here, the terms and provisions of this chapter shall be interpreted in accordance with the applicable definitions and provisions of the Brown Act and any administrative or judicial interpretations of the Brown Act.

(Ord. 29460.)

"City boards, commissions and committees" means those bodies created by either the city charter or the city council. The terms city boards, commissions and committees excludes decision-making bodies.

(Ord. 29460.)

"Consolidated open government and ethics resolution" means the resolution adopted simultaneously with this chapter, as may be amended, that includes the specific recommendations of the sunshine reform task force, and amends and consolidates the city's open government and ethics policies and procedures, as adopted by the city council.

(Ord. 29460.)

"Council appointees" means the city manager, city attorney, city clerk, city auditor, and independent police auditor.

(Ord. 29460.)

"Decision-making bodies" means those bodies created by either the city charter or the city council that, among other functions, powers and duties, receive evidence and make final decisions about matters that cannot be appealed to another city body.

(Ord. 29460.)

A "Non-governmental body" means a nonprofit entity that:

A.

Operates or maintains a city facility with a value of over five million dollars for city purposes; or

B.

Receives annually at least the amount of the city manager's contracting authority in financial assistance from the city.

(Ord. 29460.)

"Open government manager" means the person designated by the city manager to be responsible to coordinate interdepartmental responses to Public Records Act requests, and assist on complex requests.

(Ord. 29460.)

"Political Reform Act" means the California Political Reform Act (Government Code Sections 81000 et seq.), as amended. Except as otherwise provided here, the terms and provisions of this chapter shall be interpreted in accordance with the applicable definitions and provisions of the Political Reform Act and any administrative or judicial interpretations of the Political Reform Act.

(Ord. 29460.)

"Public Records Act" means the California Public Records Act (Government Code Sections 6250 et seq.), as amended. Except as otherwise provided in this chapter, the terms and provisions of this chapter shall be interpreted in accordance with the applicable definitions and provisions of the Public Records Act and any administrative or judicial interpretations of the Public Records Act.

(Ord. 29460.)

"Rules and open government committee" (alternatively, the "rules committee") means the council committee established pursuant to the council rules of conduct resolution, or its successor, that, among other things, considers and makes recommendations to the council on disputes over Public Record Act requests.

(Ord. 29460.)