City Attorney's Office comments on Phoenix plan
Today's issue contains an article headlined "Mayor responds" that deals with Mayor Pat Morris' plan to have his aide Kent Paxton assume a coordinating role for Operation Phoenix.
The Mayor's Office maintains the plan will address the kinds problems Robert Rogers and I have reported on in recent articles, particularly the confusion over whether jailed community center manager Mike Miller should have reported to former Operation Phoenix director Glenn Baude or Parks and Recreation director Kevin Hawkins.
But nothing is easy in San Bernardino and City Attorney James F. Penman has already taken the position that the Mayor's reorganization plan can't be put into effect.
Penman's said in a phone interview late Friday that he is concerned that the plan has not been presented to the City Council for approval in open session and that it is his opinion that the City Charter prohibits Paxton from occupying his new role.
Under the City Charter, the City Manager - currently Fred Wilson - has the power to administer city departments. Penman said that means Paxton can't take on a coordinating role above Wilson and city department chiefs.
"If he (Paxton) told an employee to do something and he said no, he (Paxton) couldn't discipline him for insubordination," Penman said.
Penman said city voters would have to approve a charter amendment to place Paxton in his new job.
"This document is a long way from taking effect," Penman said.
However, there's probably a lot more room for debate on this. Paxton said Friday that the Phoenix reorganization does not create a "command and control" system.
Mayoral chief of staff Jim Morris said the existing supervisors retain their places in San Bernardino's chain of command.
He also said some budgetary implications of the plan would require council approval but that for the most part, it's an administrative move.
The Mayor's memorandum on the reorganization describes Paxton's duties as a matter of "communication, coordination and collaboration" while Wilson would be responsible for day-to-day oversight.
We'll write more on the issue after the weekend.
Comments
Mayoral chief of staff Jim Morris said the existing supervisors retain their places in San Bernardino's chain of command......
does that mean Kevin Hawkins has escaped tire tracks on the back of his head?
Or are Sr. and Jr. Morris expecting the San Bernardino Police Department and the DA's office to take care of the "publicity embarrassment" of Baude and Hawkins.....I guess we will have to for the next installment of "How the Stomach Churns"......
(signing off while humming the George of the Jungle theme to the new words of "Glen, Glen, Glen of the Jungle WATCH OUT FOR THAT BUS!")
Posted by: Tim | July 19, 2008 5:29 PM
What has happened with the Operation Phoenix Program is and was very predictable. Intentions were good, experience and accountability were and are non-existent. I am sure as time passes and the investigation continues, the true picture of just what was taking place within the OP Centers will be revealed. I also feel, this picture will not be pretty and it will be very disappointing.
Now the Council must look at the cause. Why did the breakdown occur and yes, who is responsible. The Council must assure the true cause is identified and ensure corrective actions are put in place to prevent ANY reoccurrence, not only with OP but also within any other City agency or department. Before the Council now are the tuff decisions that no one likes to make. Finger pointing and shirking responsibility will gain nothing. Bottom line, where does the buck stop with OP? The Council must know in order to fix this wounded program and the citizens and voters have a right to know if they are expected to support it with future funding expenditures.
If the City (not just the Mayor) truly wants the OP Program then each Center MUST be funded and staffed accordingly. Each Center, not just one. If funds and staffing are available for just one Center, then the others must be shuttered until correct levels of funding and staffing are available. If it is found that due to the down turn in the economy, City’s current budget (which currently has a very large shortfall of funds) is not able to adequately fund the OP Program, then it too must be shuttered until funds are available.
This program can not be run on a wish and a prayer.
What Councilwoman McCammack said, her approach to this nightmare with OP rings true. Maybe now her words will be heard by the City’s Leadership. The OP Programs were tried to be run one way and the City has an unbelievable problem on its hands as a result. A problem that no doubt will have long reaching consequences. Change and true accountability, authority and responsibility are necessary. Lets just hope there is still a bit of professionalism remaining in City Hall to allow this change.
Posted by: Reader Bob | July 20, 2008 6:58 AM