Berkeley Sunshine Ordinance, Measure U (November 2012)

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A Berkeley Sunshine Ordinance is on the November 6, 2012 ballot for voters in the City of Berkeley in Alameda County.[1]

The proposed ordinance has been under discussion in various forms for ten years and has gone through 24 drafts.[1] It was drafted by the Berkeley Sunshine Ordinance Citizens’ Committee.

The ordinance, if approved by voters, will apply to:

  • The City Council
  • Every city committee and commission
  • The Berkeley Rent Stabilization Board
  • The Board of Library Trustees
  • Some private corporations that are subject to the state's Brown Act[1]


Specific provisions of the proposed ordinance include:

  • Those wishing to comment at city meetings would be granted an extra minute to talk about an issue. They would also be allowed to talk about every agenda item. At the same time, there would be an 11:00 p.m. curfew on Berkeley City Council meetings.
  • Members of the public could put an agenda item on the agenda of a city council meeting by gathering 100 signatures.
  • If so many people attend a city council meeting that there isn't enough space to accommodate all of them, the city council would be required to adjourn to a larger venue. The larger venue would also have to provide a live television feed of the proceedings.
  • The council would have to report how members voted during closed session and they would have to vote again on closed agenda vote in public.
  • Agenda packets would have to be distributed no later than 11 days before a meeting. The ability of the council to take up agenda items not on that agenda would be narrowed.
  • Any record that is not restricted to the public would proactively be made available online, rather than requiring members of the public to specifically request the documents.
  • An Enforcement Commission would be enacted by the Sunshine Ordinance. The Enforcement Commission would have independent legal representation and the power to sue the City.
  • City officials would have to post their appointment calendars online.