Michelle Bagneris on the secret police chief panel

Saturday morning, Pasadena City Attorney Michelle Bagneris and I were two of the three panelists — city head librarian Jan Sanders was the other — at a forum at the Neighborhood Church on openness in government sponsored by the League of Women Voters as part of a celebration of Sunshine Week, the annual homage to governmental non-secrecy.

Since the city has been embroiled in a spat over just that — its secrecy — it seemed like a great time to question Bagneris on the issue, and a very germane topic for the audience of about 100 passionate locals who turned out.

Most of us indeed appeared to find it interesting. For instance, former City Councilman Sid Tyler came to the event precisely because he had read in the Pasadena Star-News about the city manager and city attorney keeping secret the names of members of a public panel that has been formed to help select Pasadena’s next police chief. Sid said he was very disturbed by the secrecy and wanted to find out more about it.

But moderator Pete Peterson was more interested in telling stories about things that happened in public process in Humboldt County and Kauai than something that is going on right here, right now in Pasadena.

When I sought to continue to press Bagneris on the issue of why she considers it legal for the names to be hidden until after the selection process is over, Peterson cut me off.

Here is a transcript of the small part of the morning in which we were able to discuss the secret panel:

Michelle Bagneris: There was a request for the names of the panelists for the police chief interview, which will be conducted sometime this month I believe. Using that balancing test, among other rationales as well, it was determined that at this time, before the interviews are conducted, the public’s interest in non-disclosure outweighs the public’s interest in disclosure. That doesn’t mean that the names will never be released. It just means that, before the interviews, to avoid those interviewers being lobbied perhaps or pressured or … the interviewers don’t know who the candidates are, they don’t know who the other interviewers are, they won’t know that until the day of the interviews. It’s a process that the city employs for its hiring … It’s a process that while it’s public, some portions of it are private. And that’s using in some respects the privacy issues involved, in some respects the balancing of disclosure of information at an appropriate time … While I am doing my job of trying to protect all of your interests, I am doing it with all these balls in the air.

Larry Wilson: But Michelle … The question that will be asked, and as long as we are talking about freedom of information it ought to be, is that you could take that argument –that this body is secret — and take it all the way up to the City Council. Why should we know who our City Council members are, since they can be lobbied while something’s going on. So this is not something that is going to be held up in court … because the logic is absurd.

MB: No, because the council members are elected, and that is established as a public process. …

LW: OK, then let’s say the Planning Commission, which is not elected. By that logic, it would be better if they were secret, and would serve for a year, then after that year, we will disclose who they are, because then they could not be lobbied …

MB: No, I think there again — first of all, there are statutory requirements, Brown Act requirements with respect to legislative bodies. This isn’t a legislative body; it’s a group of individuals selected by the city manager. It’s a process for hiring, an interview process, and I think quite frankly it would be held up in court based on the distinction of what their role is …

LW: OK, then not the Planning Commission. The Arts & Culture Commission. They are not a legislative body …

Pete Peterson: Larry, just so you know, we have are other questions.

LW: Right, but this goes to show how important public information is …

PP cuts me off.

…..

In response to a later question from the audience:

MB: Whenever their involvement is completed, then there will be a disclosure of the names. The goal is to ensure that their remarks are not a popularity contest. It’s a professional evaluation of the candidates’ credentials. As many people here are aware, there has been a very public process in terms of the of the city manager soliciting and considering Web site comments and direct comments to him.

514 thoughts on “Michelle Bagneris on the secret police chief panel

  1. Thank you so much for what you write in the Star News. Your perceptions – your intuition and your careful analysis always makes me feel that someone in the media really does care about Pasadena. And – you write so well – you leave room for the reader to form an opinion and not just agree/disagree with a statement. Good thoughts. Many thanks.
    Ruth Strick

  2. Larry,

    I’m disappointed in your characterization of my role and comments at the recent LWV forum. It’s title “Access to Impact” was broader (though meant to include) the local issue of the police panel. I’m happy that Sid was there to hear more on this issue, but you should know that the Pasadena area LWV serves 10 cities – most of which had representatives there. Attendees from these other cities care little about this local issue.

    You object to my role as “moderator” during the Q&A. As you know we had a limited time for these questions. You find it hard to believe that questions would be directed at me or Jan Sanders. I can assure you there were. You bordered on monopolizing this section when audience members had submitted questions on topics COMPLETELY UNRELATED to the police cmte subject.

    You object to my “story” telling. If you refer back to the Agenda, my 10 minute talk was focused on “Public Participation” – not the police cmte, not even Pasadena-related issues. I was asked by LWV (not you, sir) to speak on this subject. My presentation, though you quickly derided it as examples of “tea party movements” was meant to highlight new relationships being built by local governments and their residents. Several questions from the audience (which I did not get to) wanted to know about these efforts, and several attendees approached me after the panel to learn more.

    In the end you seem to have mistaken a panel for a soapbox. This blog is your soapbox…not what happened on Saturday.

  3. OK Pete, I was there too and our whole table kept rolling our eyes at your – dare I say it – self serving story telling. Larry was on target with his questions on a major story of the day in Pasadena.
    BTW, who funds your organization?

    Kris Ockershauser

  4. STATEMET TO CITY COUNCIL ON POLICE CHIEF ADVISORY COMMITTEE TRANSPARENCY

    Good evening Council and staff.

    I am here on behalf of the Pasadena Foothill Chapter of the ACLU to request that you make public the names of the advisory panel that will interview the candidates for the position of Pasadena Police Chief and make recommendations to our City Manager, Michael Beck

    The Police Chief is one of the most important and high profile positions in the City of Pasadena. Recent events involving our department and the undisputed results of the PARC report clearly indicate that there are still areas of great concern with the PPD in our community including but, not limited to transparency.

    A lack of transparency in the process to hire a new chief can only erode the peoples confidence in the process and in the citys commitment to open and transparent government.

    At a recent public meeting our City Attorney stated in essence that the publics right to know (the names of the panel members), was out weighed by the benefit of keeping the advisory committee secret. As a rationale she suggested advisory members might come under undue pressure from the community if their names were released.

    We believe that the names of the panel members should be disclosed to the public and that the rationale put forward by our City Attorney is not supportable by current law. But, just as important this rationale cast doubt on the citys own confidence in your chosen committee.

    As advocates/surrogates for the people the committee should be attuned to the communitys concerns and welcome input from the community preferably in writing to be shared with the entire committee. But, this statement only goes to the authenticity of the chosen representatives and is not currently at issue here.

    We urge you to use this process to show unequivocally, that Pasadena believes in and will practice open and transparent government and follow the spirit if not the letter of the law.

    Thank you.

    Martin A. Gordon
    Pasadena/Foothill Chapter
    ACLU

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