San Bernardino officials disagree on closed-door budget meetings

By Andrew Edwards
Staff Writer
SAN BERNARDINO -- Much of the work that goes into crafting the city's budget happens behind closed doors.

It probably goes without saying that the city staffers who are responsible for crunching financial numbers don't do their jobs before an audience, but three members of the City Council also serve on an advisory committee that meets privately to discuss budget issues.

The council has acted this way before, but the closed-door meetings are now the subject of a new flare up among the city's politicos as officials grapple with an array of unpopular options intended to solve a $9 million deficit.

San Bernardino has a standing Ways and Means Committee and a Budget Ad Hoc committee. The phrase "ad hoc" refers to issues that are handled on a one-time basis, although the budget is something that city officials have to tackle every year.

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. Councilmembers Dennis Baxter, 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.

He and mayoral chief of staff Jim Morris pointed out 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.

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 quote similar to Francke's.

"The only reason I can think of is to avoid complying with the Brown Act," he said.

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