Public participation is a cornerstone of local government, ensuring transparency and accountability. However, recent practices in El Cerrito City Council meetings raise questions about how well the city’s processes align with its ordinances and the principles of open governance.
Consent Calendar and Public Input
One key issue lies with the Consent Calendar. This section of the agenda is typically reserved for routine matters that can be approved collectively without discussion. However, in El Cerrito, significant items—such as the Comprehensive Annual Financial Report (CAFR, now the Annual Comprehensive Financial Report or ACFR)—have occasionally been placed on the Consent Calendar. This practice reduces the visibility of critical financial matters and limits opportunities for public discourse.
The city’s ordinances, specifically Section 2.04.090, provide guidelines for handling Consent Calendar items. The ordinance states:
“If any council member objects to the placement of an item on the consent calendar, or if any member of the public wishes to address the council on any such item, the item shall be deemed removed from the consent calendar and shall be heard and acted upon at its regular place on the agenda.”
This language makes clear that members of the public have the right to request the removal of an item from the Consent Calendar for discussion during its regular place on the agenda. Yet, in practice, the council has required public comments on Consent Calendar items to occur during the “items not on the agenda” portion of the meeting, effectively bypassing the ordinance’s intent.
Limiting Citizen Participation: The Two-Minute Rule
Another area of concern is the limitation of public comments to two minutes per speaker and a total of 30 minutes for all comments. While limiting comment time is common in many cities to maintain order and efficiency, El Cerrito’s ordinances do not explicitly grant the mayor the sole authority to impose such restrictions. Instead, the relevant ordinance, Section 2.04.035, outlines procedures for public participation but does not detail time constraints or grant unilateral powers to the mayor.
This raises an important question: Which ordinance provides the mayor with the authority to limit public input in this way? Without a clear legal foundation, these practices risk undermining the public’s right to meaningful participation in government proceedings.
Council Responses to Citizen Questions
California’s Brown Act governs public meetings and aims to ensure transparency by prohibiting discussions or decisions on matters not listed on the agenda. However, the Brown Act does allow council members to briefly respond to public comments, ask clarifying questions, or refer issues to staff for further action. While this provides a mechanism for addressing citizen concerns, it also highlights the importance of structuring meetings to maximize public engagement.
The Need for Reform in El Cerrito
El Cerrito could benefit from taking steps to strengthen its public participation processes and ensure they align with both ordinances and best practices in local governance.
#AlignPracticesWithOrdinances: Ensure that public comments on Consent Calendar items are allowed during their regular place on the agenda, as outlined in Section 2.04.090.
#ClarifyRulesForPublicInput: Amend or clarify ordinances to specify the time limits for public comments and the authority of the mayor in setting these limits.
#IncreaseTransparency: Avoid placing significant financial or policy matters on the Consent Calendar. Schedule them as separate agenda items to allow for thorough discussion.
#EducatePublicAndCouncil: Provide training for council members and public education sessions to explain the Brown Act and the rights of citizens in council meetings.
El Cerrito’s practices around public participation and the Consent Calendar highlight the importance of adhering to established ordinances and fostering open dialogue. By addressing these concerns, the city can ensure that its governance remains transparent, participatory, and accountable to its residents. Public engagement is not just a procedural requirement—it is the foundation of democratic local government.
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El Cerrito Committee for Responsible Government (ECCRG) 