Resolution 87044 AMENDING Resolution 86034 Rules and Procedure

This Resolution 87044 is an illegal Resolution.  This matter failed at the February 6, 2018 Council meeting by the following vote (4) Yes (3)No and (1) Abstention.

Council member Dan Kalb proceeded to introduce a subsequent illegal motion that that was approved by a majority of the Council..  His motion not only violated the Ralph Brown Act 54953, but also violated Roberts Rule of Order with regards to Motions and is the governing document how the Council is guided by procedural matters when it comes to motions.

 A member of the Public brought this illegal procedure to the attention of the Council President and the Councils Parliamentarian which is the City Attorney both refused to opine in the matter.

I subsequently filed an official Complaint on February 8, 2018 with the following enforcement entities:  Alameda County District Attorney's Office, Oakland's Public Ethics Commission as well as giving the Complaint to the Alameda County Grand Jury.

On February 20, 2018 of the meeting of the Oakland City Council, the approval of the draft minutes of the February 6, 2018 was withdrawn because it did not accurately reflect what happen on the original motion where 25 speakers had spoken; the minutes suggested that they had spoken on Councilmember Dan Kalbs illegal motion. 

Further, it should be noted the date of Resolution February 18, 2018 two days before the Council meeting of February 20, 2018 where the draft minutes of the February 6, 2018 was withdrawn;  Neither does Resolution 87004 include Council President Larry Reid's name as sponsors of the Resolution  which was a point of discussion at the February 6, 2018 Council meeting where the matter failed.

NOTE:  THIS EFFORT IS A DELIBERATE ATTEMPT TO DECEIVE PUBLIC AND PURPOSELY FALSIFY LEGAL DOCUMENTS(I.E. RESOLUTIONS )

"The City Council hereby declares that the proper operation of democratic government requires the public officials are bound to observe, in their official acts, the highest standards of performance and to discharge faithfully the duties of their office... Recognizing the PUBLIC INTEREST must be their primary concern, their conduct in both their official and private affairs should be above REPROACH."

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PLEASE NOTE THAT THE DRAFT MINUTES OF THE FEBRUARY 06, 2018 MEETING HAS BEEN REVISED TO REFLECT THE ORIGINAL FAILED MOTION(ITEM 11) THAT WAS INTRODUCED COUNCIL MEMBER MCELHANEY, VICE MAYOR CAMPBELL WASHING AND COUNCIL LARRY REID (SEE VIEW REPORT ATTACHMENT A)  "COUNCILMEMBER PRESIDENT REID REQUESTED TO BE A CO-AUTHOR)


THE REVISED DRAFT MINUTES OF FEBRUARY 06, 2018 COUNCIL MEETING CORRECTLY REFLECTS THE ACTION TAKEN BY THE COUNCIL.

THE ORIGINAL NOTION INTRODUCED BY THE ABOVE COUNCILMEMBERS FAILED BY THE FOLLOWING ACTION  :  AYE (4)  NO (2)  ABSTENTION (1)

ROBERTS RULES OF ORDER PROHIBITS ANY ADDITIONAL MOTION RELATED TO THE FAILED MOTION.  THERE CANNOT BE A SUBSTITUTE MOTION NOR AN AMENDED MOTION ON AN ITEM THAT FAILED.

COUNCILMEMBER KALB WAS ALLOWED BY THE PARLIAMENTARIAN WHICH IS THE CITY ATTORNEY AND PRESIDENT REID TO INTRODUCE AN ILLEGAL MOTION.  WHICH WAS NEITHER AND SUBSTITUTE MOTION OR AN AMENDED MOTION DESPITE OBJECTS FROM THE PUBLIC WHO WERE PREVENTED FROM SPEAKING ON THIS NEW ILLEGAL ACTION WHICH VIOLATES THE RALPH BROWN ACT 54953 AND ROBERTS RULES OF ORDER.

KALB'S ILLEGAL MOTION WAS APPROVED BY A MAJORITY OF THE COUNCIL. THE ACTION REFLECT THE FOLLOWING: AYE (5)  NO(2)  ABSTENTION (1) [SEE REVISED DRAFT MINUTES OF THE FEBRUARY 06, 2018 COUNCIL MEETING]

THE PROPOSED RESOLUTION 87044 AMENDING RESOLUTION 86034 RULES AND PROCEDURES IS ILLEGAL  FOR THE FOLLOWING REASONS:

(1)  EVEN IF IT WERE LEGAL IT DOES NOT CORRECTLY REFLECT THE ACTION TAKEN ON FEBRUARY 06, 2018 BY THE MOTION OFFERED BY COUNCILMEMBER KALB(SEE REVISED DRAFT MINUTES OF FEBRUARY 06, 2018) AND WHAT THE MAJORITY OF THE COUNCIL APPROVED.

(2) PUBLIC COMMENTS WERE DENIED IN VIOLATION OF BOTH RALPH BROWN ACT 54953 AND ROBERTS RULE OF ORDER

(3)THE RESOLUTION FURTHER VIOLATES HOW MOTIONS ARE TO BE INTRODUCED UNDER ROBERTS RULES OF ORDER THE DOCUMENT BY WHICH THE COUNCIL IS GUIDED.

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