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Article V. Oversight
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A)There is hereby created the Open Government Commission, which shall have authority for oversight of this Chapter and Chapter 2.09, the Lobbyist Registration Act, as set forth in this Section. The Open Government Commission shall consist of the members of the Berkeley Fair Campaign Practices Commission established by Berkeley Municipal Code section 2.12.170 who shall be ex officio members of the Open Government Commission.

1)The Open Government Commission shall:

a)hear complaints by any person concerning alleged non-compliance with this Ordinance, the Brown Act, the Public Records Act, or the Lobbyist Registration Act, by the City or any of its legislative bodies, elected or appointed officials, officers or employees;

b)consider ways to informally resolve those complaints and make recommendations to the Council regarding such complaints;

c)seek advice from the City Attorney concerning those complaints;

d)advise the City Council of its opinion, conclusion or recommendation as to any complaint; and

e)take any action authorized by the Lobbyist Registration Act under Chapter 2.09.

To be considered by the Open Government Commission, complaints shall be submitted in writing using a form provided by the City, and must be submitted to the Secretary of the Commission no less than 14 days prior to the Commission meeting at which it will be considered.

2)In addition, the Commission may advise the City Council concerning the report prepared pursuant to subdivision (C), propose additional legislation or procedures that it deems advisable to ensure the City’s compliance with this Ordinance, the Brown Act, the Public Records Act, and the Lobbyist Registration Act, and advise the City Council as to any other action or policy that it deems advisable to enhance open and effective government in Berkeley.

B)The power and authority of the Open Government Commission with respect to oversight of this Chapter shall be limited to the functions set forth in this Section, and the Commission shall not have any of the additional authority or powers set forth in Chapter 2.12 with respect to oversight or enforcement of this Chapter.

C)Each year, the City Manager shall prepare and submit to the Open Government Commission a report that contains at least the following information:

1)The number of Public Records Act requests received by the City;

2)The average length of time taken to respond to those requests;

3)The approximate number of pages produced in response to those requests;

4)The number and resolution of all written complaints received by the City concerning its compliance with the Public Records Act with respect to such requests;

5)The number and resolution of all complaints received by the City concerning its compliance with the Brown Act; and

6)Any other information the City Manager deems appropriate that relates to the City’s compliance with this Ordinance, the Brown Act, the Public Records Act, the Lobbyist Registration Act, or open and effective government in Berkeley.

D)Notwithstanding anything to the contrary in Section 2.04.075 or Chapter 3.02, the appointment and tenure of members of the Commission shall be governed by Chapter 2.12. (Ord. 7629-NS § 2, 2018: Ord. 7166-NS § 1 (part), 2011)