Parrott v. Rogers

California Court of Appeal Mar 18, 1980 No. Civ. No. 44707Published

Before: Elkington

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Holding. The court held that the City of Berkeley's Charter grants the Citizens' Assistant the power to investigate city government and compel the production of records, provided that such powers do not interfere with the City Manager's administrative control and that the Assistant remains subject to laws prohibiting the disclosure of confidential information.

Issues

Whether the Citizens' Assistant's investigative powers conflict with the City Manager's administrative authority under the City Charter.
Whether the Citizens' Assistant is authorized to compel the production of city records, including personnel and internal affairs files.
Whether the Public Records Act exempts the subpoenaed information from disclosure to the Citizens' Assistant.

Disposition. affirmed as modified

Quotations verified verbatim against the opinion

“The citizens’ assistant is a City official holding an office created by the City’s Charter. The law clothes him with official dignity and prestige comparable with that of defendants and other of the City’s officials.”

Opinion

ELKINGTON, Acting P. J. Section 27 of the Charter (Charter) of the City of Berkeley (City) has long provided for the office of city manager, “who shall be responsible for the efficient administration of all departments.” He is appointed, and subject to removal, by the city council, and as relevant to the case before us, is given “the following powers and duties”:

“(a) To see that all laws and ordinances are duly enforced,...

“(b) Except as otherwise provided in this Charter, to appoint, discipline or remove all officers and employees of the City, subject to the Civil Service provisions of this Charter.... Except for the purpose of inquiry, the Council and its members shall deal- with the administrative service solely through the City Manager, and neither the Council nor [380]any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately.

“(c) To exercise control over all departments, divisions and bureaus of the City Government and over all the appointive officers and employees thereof.

“(f) To make investigations into the affairs of the City, or any department or division thereof, or any contract, or the proper performance of any obligation running to the City.”

Recently, 1975, section 47 was added to the Charter by the City’s electorate. It increased the City’s officialdom by establishing the office of “Citizens’ Assistant.” That official was to be appointed, and subject to removal, by the city council.

Section 47, as here relevant, provided: “The Citizens’ Assistant shall... be responsible for processing citizen requests for information and assistance, and for investigating complaints on any governmental matter, regardless of jurisdiction. [If] In the performance of these duties, the Citizens’ Assistant may inquire into any aspect of government, and any department, agency, officer or employee, and shall have the power to compel the production of all public records kept by a municipal agency and the testimony of witnesses by subpoena. [If] The Citizens’ Assistant shall submit an annual report to the City Council and such interim reports as may be deemed appropriate, commenting upon the functioning of city government and recommending appropriate policies or changes in policy.”

Parrott v. Rogers

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