Big trucks, the City Charter and a volley of memos

At first glance, the memos show differing views on how Morris has dealt with Metropolitan Water District's efforts to secure a hauling permit to bring heavy trucks through the city to bring massive pipeline segments to work sites for the water supplier's Inland Feeder Project.

Penman's Aug. 12 memo expressed concern that Morris exceeded his authority at an Aug. 9 community meeting when the mayor reportedly sought to "persuade/cajole" the issuance of a hauling permit for MWD.

Morris' memo asserts that he has no opinion on MWD's plans, save for his interest in minimizing any problems for the city. He wrote that he sought to foster communication but did not give direct orders.

"How to address those concerns and the final administrative decisions have been left to the city professionals in our departments," Morris wrote.

That's the first part. But John Wilson - Penman's top deputy - sought to frame current disagreement not as a political back-and-forth over the MWD project or any other specific policy but a deeper legal debate over who does what in San Bernardino.

"The mayor should not be giving direct orders to the city attorney, city manager or any other city official," Wilson said.

In Morris' memo, the mayor writes that since taking office in 2006, he has supported the revised City Charter's mandate to enhance the City Manager's Office. (The new charter took effect when Morris became mayor.)

The revised charter empowers the city manager, not the mayor, to directly supervise city employees.

"I have required that issues, concerns and activities involving day-to-day management and supervision of city departments be channeled through and handled by the City Manager," Morris wrote.

The mayor also provided some direction to Penman. He advised the city attorney to provide legal advice to department heads directly to the city manager, instead of department chiefs or other city employees. (Penman's memo was officially sent to City Manager Fred Wilson, all department heads, the entire city council, Morris and other officials.)

In one passage, Morris wrote to Penman that "if you have legal concerns or advice, convey them directly to the City Manager's office so he can professionally address them to his subordinates."

In Wilson's interpretation, this statement is a direct order from Morris to Penman.

Wilson said he's drafting a response to Morris' memo that he expects to send across the Sixth Floor on Tuesday. More info will be posted on the blog as it becomes available.