elections. If there is an ordinance that calls for an election under
certain circumstances, our city clerk should be able to call for an
election by the people. This could eliminate negotiated deals that
bypass the right to vote.
Several months ago, when the issue of airport expansion arose with
the development agreement authorizing the purchase of additional
acreage by the Burbank-Glendale-Pasadena Airport Authority, I was
surprised to learn that only the City Council can call for an
election. The city clerk should be able to make this determination as
well.
2. Related to this issue, over the years there have been times
when it appears that the interests of the city clerk in protecting
the people's rights to the books and records of the city or answers
to questions relating to those books and records, particularly
public-records requests, are different than the political views of
the City Council. Further, it seems it would be more appropriate for
the city clerk to be the custodian of all records of the city,
including those relating to the Community Development Department
contracts and Planning Board's books and records. The city clerk must
get advice from the city attorney, who reports directly to the City
Council. There are instances where the city attorney may advise the
city clerk based on his instructions from his bosses, which could be
in conflict with the duties and responsibilities of the city clerk.
Therefore, I propose that the city clerk have his or her own
independent outside legal counsel, who provides advice specifically
regarding issues relating to the duties of the city clerk. The city
clerk should be able to choose that counsel, who would be accountable
only to the city clerk. When you go the city's website, the city
clerk's office is listed under "Departments," yet it is an elected
position and accountable to the voters, not the City Council or city
manager. More independence and recognition are needed for this
important public office.
3. Based on Burbank's size, population, revenue and density, we
should have a qualified elected city attorney who is accountable to