The more we hear about Gilroy City Council’s handling of raises
it approved for two employees during closed session, the more
frustrated we get.
1. Know your own law
The more we hear about Gilroy City Council’s handling of raises it approved for two employees during closed session, the more frustrated we get.
Council approved, behind closed doors, raises for its two employees, the city manager and the city clerk, who are unrepresented – that is, not union members. Despite clear language in the city’s new sunshine ordinance that requires that these raises be dealt with in open session, the body agreed to discuss and approve them in closed session and to not report the decision to Gilroyans.
Gilroy’s sunshine ordinance was adopted after a series of questionable decisions by the city, made on the advice of the city attorney, that erred on the side of secrecy instead of openness. Perry Woodward made transparency a cornerstone of his council campaign and introduced his sunshine ordinance soon after he won a seat. That ordinance requires that “salary and benefits of members of the City Council, the City Administrator, and the unrepresented employees will be discussed and acted upon separately by the City Council in open session.”
2. No shame, just anger
After the closed-session raises became public, what was council’s reaction? It wasn’t embarrassment that they didn’t know their own law. It wasn’t shame that they’d violated their own law. It wasn’t humiliation about the folly of approving raises in the current economic climate.
No, it was anger that one city council member values transparency in word and deed, and told the media about the decision. Councilman Craig Gartman went so far as to call for the Santa Clara County District Attorney’s office to investigate. Through a spokesperson, the office has wisely expressed no interest.
Democracy requires transparency for honesty and accountability. We don’t blame council members for wanting to keep these ill-timed and politically dangerous raises secret for as long as possible. That’s why the state’s Brown Act and Gilroy’s even more stringent sunshine ordinance were adopted: to counterbalance the urge to keep unpopular decisions, mistakes and illegal activities hidden.
3. Deeds, not words, count
Gilroy’s leaders, if they truly value open government in deeds while in office and not just as words during campaigns, must take these actions:
-Review the advice of the city attorney over the last several years to see if it errs on the side of secrecy or openness. If it’s the former, it’s time for a new city attorney.
-Acknowledge the council’s mistake in approving these raises in closed session and in not reporting that vote, and adopt measures to prevent it from happening again. Ensuring that each council member has a full understanding of the requirements of the city’s sunshine ordinance is a good place to start.
Otherwise, Gilroyans will know that council members’ talk about open government and transparency is just a bunch of hot air.
