Information on Running for City Clerk
Q: My wife and I are trying to gather information on running for City Clerk in our town.
She did a Public Records Request and wrote:
“I would like to request when term is up for City Clerk elected position and all city laws that apply to run for City Clerk elected position.”
The city attorney responded back saying:
The City will not be complying with your records request of the above date. The California Public Records Act requires that the City provide the public with properly requested “records”.
The issues of when the term is up for the position of City Clerk and whether any municipal laws apply “to run for City Clerk elected position” are questions of law. The public records act is not properly used to require the City to perform legal research or make legal judgments. The laws of the State of California and the City Municipal Code are equally available on-line, to you and to the personnel of the City.
There is no information on the city website (if that is the site they are referring to) about her term and when it ends. Also, isn’t the city supposed to help in identifying which “records” would have the information we are looking for since she stated her cause of running for City Clerk? As I interpret the law, they are supposed to assist in finding records toward your stated purpose Also, how do I go about requesting records/info/municipal laws for running for this position? How would you word it?
A: While the City Attorney is correct that the PRA obligates state and local government agencies to provide “records” rather than information, you are also correct in observing that the PRA mandates that “[w]hen a member of the public requests to inspect a public record or obtain a copy of a public record, the public agency, in order to assist the member of the public make a focused and effective request that reasonably describes an identifiable record or records, shall do all of the following, to the extent reasonable under the circumstances: (1) Assist the member of the public to identify records and information that are responsive to the request or to the purpose of the request, if stated; …. (3) Provide suggestions for overcoming any practical basis for denying access to the records or information sought.” Govt. Code Section 6253.1.
While it may be beyond the scope of the PRA to identify laws that apply to running for a particular local office, providing basic information about when the current term of the office ends and what the procedure is for the next election would seem to be information vital to the functioning of the government and not information that any government should refuse to disclose. Conceivably, you could get this information by simply calling the city administration and asking for it. The length of the current term of a government official is simply not the kind of information that a government may keep secret.
If a phone call does not work, you might consider sending another request under the Public Records Act, framing the request in terms of specific documents (e.g., City Council resolutions related to elections for City Clerk, documents reflecting or containing guidelines or procedures for municipal elections). It might be useful to cite the part of the PRA quoted above that requires agencies to assist members of the public in making effective requests. It might also be useful to remind the agency that the prevailing parties in litigation to enforce the PRA are entitled to their attorneys’ fees. Govt. Code § 6259(d) (“The court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to this section. The costs and fees shall be paid by the public agency of which the public official is a member or employee and shall not become a personal liability of the public official. If the court finds that the plaintiff’s case is clearly frivolous, it shall award court costs and reasonable attorney fees to the public agency.”).
Finally, the following information from the Crescent City Municipal Code might be useful with respect to your original questions.
2.14.050 Term of office [for City Clerk].
The initial term of office shall be until the second Tuesday in April 1992, and until the successor is elected and qualified. All succeeding terms of office shall be for four years and until the successor is elected and qualified. Should a vacancy occur in the office during the normal term, such vacancy shall be filled according to Section 2.04.016 of the Crescent City Municipal Code. (Ord. 708 Exh. A (part), 2005: Ord. 636 § 5 (part), 1989).
2.04.015 General municipal election day.
The general municipal election for the city shall be held on the first Tuesday after the first Monday in November of each even-numbered year. (Ord. 639 § 5, 1990).
2.04.016 Elected vacancies.
Purpose. To provide the city council with several options, if feasible and economically viable, to be decided by a majority vote of the council, to fill an elected vacancy, such as council member or city clerk.
A. If a vacancy occurs at the city council or city clerk position, other than by expiration of term, the council shall, at its option, within thirty days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election may be held on the next regularly established election date, or as set forth in California Elections Code § 4004 and 1500 (e.g., mail-in ballot), but at any rate shall not be less than one hundred fourteen days from the call of the special election. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent.
B. Notwithstanding subsection A of this section, but within thirty days from the commencement of the vacancy, the council may provide that any person, otherwise qualified, appointed to fill a vacancy on the city council or the city clerk’s position, holds office only until the date of a special election which shall be called to fill the remainder of the term. The special election may be held on the next regularly established election date, or as set forth in California Elections Code § 4004 and 1500 (e.g. mail-in ballot), but at any rate shall not be less than one hundred fourteen days from the call of the special election. A person elected, under this subdivision, to fill a vacancy, holds office for the unexpired term of the former incumbent.
C. Notwithstanding any other provision of this section and pursuant to California Government Code 36512(d)(1) as it may be amended from time to time, an appointment shall not be made to fill a vacancy on the city council if the appointment would result in a majority of the members serving on the council having been appointed. The vacancy shall be filled in one of the following ways:
1. The city council may call an election to fill the vacancy to be held pursuant to subsections A and B of this section.
2. If the city council does not call an election pursuant to subsection A or B of this section, the vacancy shall be filled at the next regularly established election date. (Ord. 708 Exh. A (part), 2005).