Commentary: The limits of Open Government and the Council’s Right to Know
A few weeks the Davis City Council was trying to decide to what extent they had the right to demand to read the Ombudsman’s Investigation into the Yolo County Grand Jury report. In a lot of ways it was a strange discussion. Let us forget for a moment about the content of that report and focus only on the process at hand.
City Attorney Harriet Steiner ruled two things. First, that the city manager had the right to determine whether or not the council could see something. Second, that if the council did view these personnel matters or a report deemed to cover a personnel matter, it could subject the city to liability. In essence, the city attorney deemed that in a city manager model, the council has no more right to view personnel records than members of the public.
Basically the city council hires the city manager. They are responsible for evaluating his performance. It was that evaluative process that led to the city manager’s new contract that was approved last week in open session. However, as councilmember Sue Greenwald and Councilmember Lamar Heystek asked, how is the council supposed to evaluate the city manager, if they cannot review his work product. If they are in the dark about certain reports deemed “personnel matters,” how can they determine how well the city manager has done his job?