Letter to the Editor: Growing Perception of Closed-Off City Council

-By Bill Kelly

California law requires that the people’s business be conducted in public but allows certain limited discretionary exceptions, without requiring Closed Sessions in any instance. There is confidentiality protection provided to public employee personnel records, but even that protection is not absolute.

This means that every action of the Hercules City Council can be taken in public session except actions regarding certain personnel actions.

The Council may choose to conduct given business in Closed Session but this is a matter of choice. The City Attorney does not decide what is or is not discussed in closed session, she/he only advises if doing so is permitted or not permitted while the Council decides to follow or not follow the advice given. The City Manager does not decide but rather expresses her/his preference.  The Council decides to defer or not defer to that preference.

There appears to be a growing concern in Hercules that once again we have a City Council which is allowing the City’s business to be done “behind closed doors”. I’m not sure if that belief is real or imagined but I do know that I’m hearing it more and more often and from more and more people.

The citizens have a role here. We elect the City Council. We decide what the priorities are. We do these things when we vote, or when we communicate with our City Council, or when we show up at Council Meetings, etc.

The City Manager enters into the deals he enters into because the Council allows it. He makes the decisions he makes because the Council allows it. 

There may be a growing displeasure with the decisions that are being made; but only the City Council can change the direction we are going in. 

The voice of the people spoke in 1988; and in the Waterfront Now Initiative and in the Recall. Should it be that my perception of growing displeasure is correct then I suggest that the pace to express that displeasure is at and to the City Council, as often and as loudly a possible; and if necessary at the ballot box in November.

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