Ordinance 2012-12ORDINANCE NO. 2012-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING CHAPTER 17A, ARTICLE IV,
SECTION 17A.35 OF THE CITY CODE TO CHANGE THE
COMPOSITION OF THE OPEN GOVERNMENT
COMMISSION
WHEREAS, in 2008 the City of Gilroy ( "City ") City Council adopted the City's Open
Government Ordinance ( "OGO "), which is codified in Chapter 17A of the City Code; and
WHEREAS, the OGO established the Open Government Commission, consisting of three
(3) members of the city council; and
WHEREAS, the City Council desires to expand the Open Government Commission to
five (5) members, all of whom shall be residents of the City after a one -year transition period.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Chapter 17A, Article IV, section 17A.35 of the Gilroy City Code is hereby repealed in its
entirety and a new section 17A.35 is added to read as follows:
"17A.35 The open government commission.
(a) There is hereby established a commission to be known as the "open
government commission." From on or about January 2013 through December 31,
2013, the open government commission shall consist of two (2) city council
members appointed by the city council and three (3) members of the public
appointed by the city council. From January 2014, the open government
commission shall consist of five (5) members of the public appointed by the city
council, and all of the seats on the open government commission designated for
city council members shall terminate. The city attorney shall serve as legal
advisor to the commission.
(b) The term of each appointed member sitting on the open government
commission shall be two (2) years, unless earlier removed by the city council. In
the event of such removal or in the event a vacancy otherwise occurs during the
term of office of any appointive member, a successor shall be appointed for the
unexpired term of the office vacated in a manner similar to that described herein
for the initial members. The commission shall elect a chair from among its
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appointive members. The term of office as chair shall be one (1) year. Members
of the commission shall serve without compensation.
(c) The commission shall advise the city council and provide information to other
city departments on appropriate ways in which to implement this chapter. The
commission shall develop appropriate 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 to the city council at
least once annually on any practical or policy problems encountered in the
administration of this chapter. The commission shall receive and review regular
quarterly reports on requests for public information. Such reports shall not
identify the requester or any information confidential by law.
(d) The open government commission shall recommend to the city council an
administrative process for the review and enforcement of this chapter. No such
administrative process shall preclude, delay or in any way limit a person's
remedies under the Brown Act or the California Public Records Act.
(e) In addition to the powers specified above, the commission shall possess such
powers as the city council may confer upon it by ordinance or as the people of
Gilroy shall confer upon it by initiative."
SECTION II
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.
SECTION III
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (30) days from and after the date of its adoption.
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PASSED AND ADOPTED this 1St day of October, 2012 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON,
LEROE- MUNOZ, TUCKER, WOODWARD and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
APPROVED:
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2012 -12 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 1" day of October, 2012, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 2nd day of October, 2012.
Sha*a Freels, MUC
City Clerk of the Ci of Gilroy
(Seal)