Holly M. Charléty was appointed as City Clerk for the City of El Cerrito in January 2019. Ms. Charléty began her local government career as a Municipal Clerk in 2011 with the City of Sacramento, where her responsibilities included facilitation of election processes, regulatory filing compliance, and oversight of Board and Commission members.
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Prompt access to public records is required by the CPRA (Government Code 6253). However, the agency has 10 days to respond to the request, either providing the information, or may provide a detailed explanation as to what information may be released or what cannot because it is protected by law.
Other cities may not disclose information unless restricted by HIPAA, ongoing legal issues, or responding requires the municipality to perform non-routine tasks . EECRG’s experience indicates that most cities provide information whether or not it’s favorable to the municipality, but El Cerrito is an exception.
The City Clerk serves as the City of El Cerrito’s official information custodian. While the Freedom of Information Act is designed to ensure public access to governmental records, The City Clerk seems to have discretion over what is released. The Act emphasizes that governmental records should be shared upon request unless there’s a lawful reason to withhold them. Nonetheless, the City Clerk often withholds information, especially when it might reflect negatively on the city. This is her patented response:
“The City has also determined that some of the requested records are exempt from disclosure in accordance with the CPRA. To the extent your request seeks records that are exempt from disclosure on the grounds identified below, your request is denied. Please note that CPRA does not require the City to create a “privilege log” or list that identifies the specific records being withheld. (Haynie v. Superior Court (2001) 26 Cal.4th 1061, 1073.)
The following records are exempt from disclosure:
1. Records that contain information that is exempt under California Government Code Section 7922, as “the public interest served by not disclosing the record clearly outweighs the public interest by disclosure of the record.” This exemption includes, without limitation, the deliberative process privilege, which prohibits the disclosure of information reflecting deliberative or decision-making processes by and between public officials.
2. Records that are “preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business” and “the public interest served by not disclosing the record clearly outweighs the public interest by disclosure” under California Government Code Section 7927.500.
I am responsible for the determinations concerning your records request. This email concludes responsive information on this submission and closes out this request. “
Case law only vaguely applies here. Releasing the survey results poses no public harm. Moreover, the consultant has shared the results, and the City has already paid the consultants. This is significant: The City has published indications of its intention to propose a tax measure on the ballot. Implicitly, this suggests the draft is finalized! Claiming the results are still in draft is inaccurate and not trustworthy.
In our upcoming blog post, we’ll delve into the recent library survey. Although the City possesses the results, they remain unpublished, citing reasons given by the City Clerk. Numerous residents have expressed concerns over the City’s transparency, mainly due to the City Clerk’s discretionary decisions.
It’s concerning that the City Clerk has the sole discretion to decide on these matters without an appeals mechanism. This approach not only lacks transparency but also seemingly contradicts the principles of the Brown Act.
For the upcoming tax measure to gain the trust, support, and consideration of the public, the city must significantly enhance its transparency by sharing more pertinent information.
Please bring awareness to the El Cerrito happenings:
– Share this post with other residents.
– Voice your concerns.
– Repost this article on Next Door
– Council meetings are remote and in-person, but public comment is now limited to in-person attendees. The City Council meeting will be on November 7.
– If you want to contact City Council Members or the City Managers, all their emails are below.
– Karen Pinkos-City Manager kpinkos@ci.el-cerrito.ca.us
– Councilperson Gabe Quinto gquinto@ci.el-cerrito.ca.us
– Councilperson Carolyn Wysinger cywysinger@ci.el-cerrito.ca.us
– Councilperson Tessa Rudnick trudnick@ci.el-cerrito.ca.us
– Mayor Lisa Motoyama lmotoyama@ci.el-cerrito.ca.us
– Councilperson Paul Fadelli pfadelli@ci.el-cerrito.ca.us
El Cerrito Committee for Responsible Government (ECCRG) 
I am concerned that the citizen survey results re: a new library are not being shared.
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