Parrott

Section 27 of the Charter (Charter) of the City of Berkeley (City) has long provided for the office of city manager, “who shall be responsible for the efficient administration of all departments.” He is appointed, and subject to removal, by the city council, and as relevant to the case before us, is given “the following powers and duties”:

Recently, 1975, section 47 was added to the Charter by the City’s electorate. It increased the City’s officialdom by establishing the office of “Citizens’ Assistant.” That official was to be appointed, and subject to removal, by the city council.

Section 47, as here relevant, provided: “The Citizens’ Assistant shall... be responsible for processing citizen requests for information and assistance, and for investigating complaints on any governmental matter, regardless of jurisdiction. [If] In the performance of these duties, the Citizens’ Assistant may inquire into any aspect of government, and any department, agency, officer or employee, and shall have the power to compel the production of all public records kept by a municipal agency and the testimony of witnesses by subpoena. [If] The Citizens’ Assistant shall submit an annual…