Hiding Behind the Brown Act

Posted byeccrgPosted inBudget, City Staff, FAB Meetings, Financial Crisis, Financial Mismanagement, library

In El Cerrito, many residents are growing increasingly frustrated with the lack of transparency from our city government. It seems that every time we request crucial information—whether about the library project, financial reserves, or decisions made on our behalf—we’re met with the same tired excuses: “releasing this information could harm the public,” or “the documents are not yet finalized.”

But this is our city, funded by our tax dollars, and we deserve to know how that money is being spent. We have the right to understand the decisions being made by our local officials. Whether it’s about contractors, management firms, or advisory groups, the people of El Cerrito should not be kept in the dark about how their resources are being used.

The Brown Act and the Public’s Right to Know

City officials often cite the Brown Act, claiming that releasing information would somehow “harm” the public. But let’s be clear: the Brown Act exists to encourage transparency, not to stifle it. It was created to ensure that local governments conduct their business in the open, where the public can participate and hold them accountable. The Act even explicitly states:

“The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.” (Gov’t Code § 54950)

Despite this clear mandate, El Cerrito has repeatedly used the Brown Act as an excuse to withhold information. One of the most frustrating examples is the city’s refusal to share details about the library project, including options for other properties and any specific plans that have already been presented at public meetings. The same goes for requests for financial information—especially regarding the unrestricted general fund reserve balance, which directly impacts the city’s financial stability.

The “Unfinalized Documents” Excuse

Another excuse we often hear is that the documents are “not yet finalized.” This has been used time and time again to justify withholding information from the public, even though the same information has already been presented in council meetings or discussed publicly. How can city officials justify making decisions based on these “unfinalized” documents while simultaneously claiming that they are incomplete and not ready for public release? This contradiction is not only frustrating but also undermines trust in local governance.

The truth is, transparency doesn’t begin when documents are fully polished. Transparency means giving residents access to the decision-making process as it unfolds. We deserve to see these drafts, understand the options being considered, and know how our city plans to use our tax dollars. After all, it’s our community and our future at stake.

Take Action: Contact Your City Leaders

If you’re as frustrated as we are, it’s time to take action. Reach out to the City Manager and City Council members directly and demand the transparency we deserve. Let them know that we expect full disclosure of information—whether it’s finalized or not. Ask that your comments be added to the official City Council packet, ensuring your voice becomes part of the public record.

Here’s how you can contact them:

City Manager:
Karen Pinkos
Email: kpinkos@ci.el-cerrito.ca.us
Phone: (510) 215-4300

City Council Members:

Attend City Council Meetings

If you want to make sure your concerns are heard, you can also attend City Council meetings. These meetings are open to the public and provide an opportunity for residents to speak directly to city officials. Don’t let your voice be silenced—take the chance to demand transparency and hold El Cerrito accountable.

The Time for Transparency is Now

We cannot continue to accept vague excuses about “not finalized” documents or potential “harm” to the public as reasons to withhold information. The Brown Act exists to ensure that governments work in the open and allow residents to hold their leaders accountable. El Cerrito must stop using it as a barrier to transparency.

We, the residents of El Cerrito, have a right to be informed participants in the decisions that shape our community. The more we know, the better we can ensure that our tax dollars are used responsibly and that our city remains accountable to the people it serves.

Let’s work together to demand the transparency we deserve. Contact your city leaders, attend council meetings, and continue to push for open, honest governance in El Cerrito.

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