If you’ve ever attended a City Council meeting in El Cerrito, you’ve likely heard the City Clerk say something like, “The Council cannot respond to public comment.” It sounds final, almost like it’s against the law for elected officials to engage. But here’s the truth: there’s no law in the Brown Act that prohibits the City Council from responding to your public comment.
Let’s clear this up.
The Brown Act is Meant to Ensure Public Access, Not Silence
The Ralph M. Brown Act was created to guarantee your right to attend and participate in meetings held by your local government. It mandates that agendas be posted in advance, that meetings be open to the public, and that you must be allowed to comment on any item within the City’s jurisdiction — even if it’s not on the agenda.
According to the Brown Act, elected officials may “briefly respond” to public comments on topics not on the agenda. They can also refer questions to staff or propose adding the topic to a future agenda .
In other words, they’re allowed to talk to you — they just choose not to.
Council Silence Is a Choice, Not a Requirement
So why do they remain silent?
Because of internal policy — not state law. The El Cerrito City Council has adopted rules that prohibit real-time dialogue with the public during meetings, even though the law allows for brief responses. That choice runs directly counter to the spirit of transparency and open government that the Brown Act represents.
Social Media Isn’t a Substitute for Dialogue
City Council members are often quick to hop on social media to share personal wins, pose with local groups, other elected officials or announce initiatives. The City Manager writes a monthly newsletter. These are all carefully crafted messages that allow them to control the narrative — not engage in actual, spontaneous dialogue.
But when it comes to live meetings — the one place designed for real-time public input — they stay silent. That silence isn’t mandated by law; it’s self-imposed. And it undermines public trust.
El Cerrito Residents Deserve Better
If we value transparency, responsiveness, and authentic community engagement, then we need to demand better. The Brown Act gives the Council the room to engage with us — and they should take it.
Let’s hold our representatives accountable. Not just to the letter of the law, but to its spirit.
El Cerrito Committee for Responsible Government (ECCRG) 