Council story, extended version

By Andrew Edwards

Staff Writer

SAN BERNARDINO -- The political fissures that have riven the city since summer divided the City Council again on Monday.

The council was faced with a decision on 3rd Ward Councilman Tobin Brinker's attempt to change council leadership. On the surface, the issue seemed like a simple issue of deciding how the council should manage itself.

However, the political fault lines that run beneath the dais ruptured during a heated argument in which 7th Ward Councilwoman Wendy McCammack accused her colleagues of violating California's open meetings law.

"I believe the Brown Act has been violated here, and I'll be contacting the District Attorney myself," McCammack said during the conversations.

The Brown Act prohibits city council members from deciding issues before public meetings. 5th Ward Councilman Chas Kelley registered disagreement with McCammack's accusation.

"I don't believe there's any conspiracy," Kelley said.

McCammack announced her belief that council members had somehow reached a decision to topple 1st Ward Councilwoman Esther Estrada from a leadership position in favor of another council member.

That official, 6th Ward Councilman Rikke Van Johnson, said during the meeting that his name had "been bandied about, and that's all right" in a tone of voice that seemed to indicate that he was aware of scuttlebutt.

Johnson added that he's willing to work with any other council member.

Although McCammack said Monday marked the beginning of a new era of council infighting, she said the dispute's origins can be traced to disagreements over investigations into management of Operation Phoenix.

Operation Phoenix is a multi-agency crime prevention program that Mayor Pat Morris launched after taking office in 2006. The effort became ensnared in controversy after the July 3 arrest of community center manager Mike Miller's arrest on suspicion of child molestation.

The arrest was followed by revelations of management problems within Phoenix. On Monday, McCammack and Estrada both maintained that Brinker's proposal to alter council leadership was retaliation against Estrada, who attempted to convince the council to launch its own investigation into Phoenix-related issues.

"This is emanating from the Sixth Floor," Estrada said before Monday's meeting. The implication was that Morris and Brinker have teamed up against her.

Mayoral chief of staff Jim Morris said Brinker and the mayor talked about the issue with each other, but also said Pat Morris did not ask Brinker to carry the proposal as payback against Estrada.

For Brinker's part, he accused McCammack of telling "a good story." He went on to say that he was angered by the notion that he and other council members who did not support Estrada's desire to subpoena San Bernardino officials do not want to protect children safe at city facilities.
]
"I find it offensive that every time you talk about subpoenas, you accuse all of us of not supporting kids," Brinker said.

Brinker's proposal would remove Estrada from her position as Senior Council Member. The post empowers her to assign other council members to the various committees which examine issues such as drafting new city laws or the budget.

His idea would have eliminated the Senior Council Member's position to allow another member, called a Mayor Pro Tempore, to make committee assignments. Whoever would hold that post would be elected by the council to serve for one year.
"I think it's more democratic and will help us have a more professional council," Brinker said before Monday's meeting.

San Bernardino's government structure is vastly different than nearby cities. Typically, cities within San Bernardino County do not have a Senior Council Member or full-time mayors and city attorneys.

Many other city's councils choose a mayor and a mayor pro tempore among themselves. The mayor presides over council meetings and the mayor pro tempore assumes those duties in the mayor's absence. Day-to-day affairs are left under the supervision of an unelected city manager who answers to the full council.

Whether the council will accept Brinker's proposal remains unresolved. City Attorney James F. Penman said the proposed law that would authorize the leadership change violates the City Charter, but he refused to say in public what the defect was.
The issue is set to be discussed again at the council's Oct. 20 meeting. Johnson asked to have the issue delayed.

Penman said during the meeting that he's neutral toward Brinker's proposal, but he does support subpoenas. He maintained that a council-led investigation would be useful if any Phoenix-related issues lead to litigation against the city.

"I think such an investigation will end up exonerating the city," Penman said before Monday's meeting.

Estrada and McCammack have been the only council members to support subpoenas. The proposal has been defeated twice.

"The people who have been responsible for problems at Operation Phoenix have been dealt with," Penman he said later.

Police union continues political activities

Monday's meeting was held days after the politically-active San Bernardino Police Officers Association's latest move to raise the stakes in its battle with Billdt.
Union leaders want a new chief, and sent an election year-style mailer to more than 20,000 San Bernardino addresses to argue their case.

The mailer calls for an immediate, nationwide search for a new police chief, council-issued subpoenas, a freeze in police department management changes and for Morris to pay more attention to the union.

Before Monday's meeting, Jim Morris said the mayor would not comment directly on the mailer because of its political nature. Jim Morris said the Mayor's Office has received "a few" phone calls from residents regarding the police union's dispatch.

"They've been a little bit all over the map," Jim Morris said. "Some express concern about Police Department conduct, some express support for the chief. Some express support for the POA."

Police union Rich Lawhead questioned why the mayor himself wouldn't respond because the Mayor's Office is itself a political position. He also said the union will continue its appeals to the populace as they try to influence and change city leadership.

"We have a few other things planned. We'll see what happens," Lawhead said.
Billdt has said that he plans to lead the Police Department until his contract expires in March.

Council picks interim leader

Also on Monday, the council approved a contract with an interim city manager. The council's unanimous selection, Mark F. Weinberg, most recently served as city manager of the small city Medina, Wash. from March 2007 until March 2008.

Weinberg spent most of his career working for Inglewood. He entered city service in 1979, holding administrative positions within the Inglewood Police Department. He rose to the become Inglewood's top administrator, serving in that capacity from Feb. 2003 to Dec. 2005.
]andrew.edwards@inlandnewspapers.com
(909) 386-3921