More on committee meeting

Revised version of story posted at 5 p.m. to include late-breaking developments.

By Andrew Edwards
Staff Writer
SAN BERNARDINO -- A Wednesday night budget meeting that would have included City Council members was called off as tensions rise in the face of deep spending cuts.

Third Ward Councilman Tobin Brinker, who serves on the committee that would have met Wednesday night, said late Wednesday that interim City Manager Mark Weinberg needed more time to communicate with city employee unions.

"He didn't feel it would be a very fruitful meeting if we didn't have that information to put into the report," Brinker said.

But prior to the meeting, there was disagreement among San Bernardino's politicos as to whether the meeting would have been legal.

Three members of the City Council serve on the Budget Ad Hoc Committee, which was scheduled to meet privately Wednesday to discuss current financial issues. San Bernardino has three council members on a standing Ways and Means Committee that also talks about money.

On Tuesday, 1st Ward Councilwoman Esther Estrada wrote a letter to City Attorney James F. Penman asking if the city risked violating the Brown Act, California's open meetings law, by having the same membership on each committee.

But Estrada's letter was based on incorrect information. Council members Brinker, Tobin Brinker and Chas Kelley serve on Ways and Means. Brinker, Kelley and Councilman Rikke Van Johnson and Mayor Pat Morris serve on the budget committee.

Interim City Manager Mark Weinberg said early Wednesday that the difference in membership makes the issue moot.

But Terry Francke, general counsel for Californians Aware, said it could appear as if having two committees where financial issues are discussed is a way for the city to get around open meetings requirements.

Estrada could not be reached for comment Wednesday. Penman had a sentiment similar to Francke's.

"The only reason I can think of is to avoid complying with the Brown Act," he said.
Weinberg and mayoral chief of staff Jim Morris pointed out before Wednesday's meeting reasons why they believe the budget committee is exempt from the Brown Act. The committee is formed by Weinberg, not the council, only plays an advisory role and does not include a quorum of the council.

Tempers have been a little hot as officials face proposals that include firing cops, firefighters and parks maintenance staffers.

Kelley said he has been in office since 2004 and the newly-raised objections to the budget committee -- set to meet Wednesday night -- have not been voiced during his tenure.
"Past practice is what I would refer to," Kelley said.

Kelley is chairman of Ways and Means. He said that committee has recently discussed individual money issues but not the overall budget.