Mayor Morris accuses City Attorney Penman of lying about shelter controversy; Penman stands by his statements
By Andrew Edwards
Staff Writer
SAN BERNARDINO -- Despite contrary claims by the city attorney, the lawyer for an organization seeking to establish a homeless shelter writes in a letter to top city officials that its members never complained of a conflict of interest on the part of the mayor.
"While HPC (Human Potential Consultants) expects that the mayor and his staff will conduct themselves with due regard, at no point has HPC issued allegations of any kind against the mayor or his staff," reads the start of the letter's concluding paragraph.
"Rather it has always been, and remains, HPC's goal to collaborate with the city to pursue the mutually beneficial goal of housing the city's homeless population," the letter continues.
The accusations and arguments between Mayor Pat Morris and City Attorney James F. Penman are being made when the City Council faces decision that would be touchy even if City Hall was the friendliest place in town.
The council has to decide where HPC can locate their homeless shelter, and officials say that under state law, nowhere is not an option. Officials say HPC's clients could include some homeless who are also parolees.
The council is scheduled to discuss the shelter issue -- and almost certainly delve into the surrounding controversy -- during Monday's meeting.
On the question of whether HPC ever accused Morris of having a conflict of interest, HPC's letter -- dated Thursday and signed by Los Angeles-based attorney Lauren Nevitt -- appears to directly contradict Penman's recent statements.
Penman has asserted in city memos and interviews that HPC complained that Morris had a potential conflict of interest relating to HPC's application to set up a homeless shelter in a business park in the 200 block of West Orange Show Lane.
Penman claimed that HPC complained against the mayor Tuesday. He wrote in a memo that HPC alleged Morris interfered with their efforts to establish a shelter near a location where Morris' daughter, Kathleen Willis, wanted to set up her own business, Inland Empire Gymnastics Academy.
The following day, Morris responded that under law, he could not have a conflict because his 43-year-old daughter is not a dependent child. The mayor also stated that instead of interfering with HPC's project, he asked his daughter to look elsewhere to locate her gymnastics business.
Friday, the Mayor's Office issued a statement claiming that HPC's letter catches Penman in an act of outright deception.
"Sadly, City Attorney Penman fabricated a lie in his continuing attempt to attack me and to silence me from protecting our businesses owners from the City Attorney's poor decisions. HPC wrote a letter yesterday that exposed Penman as a liar," the statement begins.
Penman did not change his position after reading HPC's letter, which he said actually supports his own statements.
Although HPC's letter disavows any allegations against Morris, it also affirms that HPC brought concerns to Penman's office. The letter reports that HPC staffers went to Penman's office on July 20 after obtaining an email -- purportedly written by Willis and circulated among area real estate agents -- that HPC staffers perceived as a potential threat to their project.
Penman said he recalled that HPC contacted his office on July 21 and that HPC did not need to file formal complaint, since their concerns and the email are enough to warrant an investigation.
"The City Attorney's office, notwithstanding the letter from HPC, has received a telephonic complaint from HPC, followed up by a fax from them," Penman said.
The email, released by Penman's office, is not dated and signed only by "Katie." The message reports that Katie was "urgently" told by the Mayor's Office of HPC's interest in property at an "Orange Tree Lane location."
The message, which could be subject to differing interpretations, communicates that the recipient "can pass this on to the other agent and property owner. Maybe it will even 'light a fire under them.'"
Willis could not be reached for comment.
Penman said he conferred Thursday with the San Bernardino County District Attorney's and California Attorney General's offices. District Attorney's spokeswoman Susan Mickey confirmed that Penman spoke with Assistant District Attorney Dennis Christy.
Penman said that in contrast to San Bernardino County government -- where he said a "see no evil" culture prevails -- he is quick to investigate reports of potential wrongdoing.
"If the mayor or the public wants a city attorney who's not going to act on something like this, then they are going to have to elect a city attorney who is someone other than me," Penman said.
Seventh Ward Councilwoman Wendy McCammack said she shares Penman's concerns. Even if Morris had no conflict of interest under the law, McCammack said communications between the Mayor's Office and Morris' daughter before the shelter issue was on the council's July 20 agenda should have prompted Morris to recuse himself from those discussions.
"An ethical person would recuse themselves even if there was the appearance of a conflict," she said.
Although Penman and McCammack both said a recusal on Morris' part would have prevented the current controversy from erupting, mayoral chief of staff Jim Morris contended that had the mayor done so under "an abundance of caution," Penman would still make allegations against the mayor.
Other councilmembers, Dennis Baxter, Fred Shorett and Rikke Van Johnson, strongly disagreed with Penman's take on the situation.
"It's all a matter to me of bad politics being perpetrated by the city attorney," Johnson said. "Unfortunately, we're wasting a lot of city resources trying to get through this mess."
The policy issue that's set to be discussed by the council Monday is whether the council will adopt an urgency ordinance establishing where HPC can locate a shelter. Aside from current controversies, the Orange Show Lane location does not seem to be a workable option as officials say the business park's rules prevent homeless from staying overnight.
City staffers are asking the council to delay a decision for two weeks while they prepare a new law that would allow HPC to set up a shelter in the 600 block of South Waterman Avenue.
Jim Morris criticized Penman for asking the council to discuss the shelter issue on an urgency basis, which he said does not provide for enough notice to other property owners. Penman said the urgency is justified because the city is not in compliance with state law requiring cities to set aside space for shelters.
17 Comments
Leave a comment
About SB Now Blog
Andrew Edwards. E-mail Andrew here.
And the beat goes on. There MUST be an unwritten agreement between the SB Mayor’s official job description and the SB City Attorney’s official job description saying they will publicly fight and slander one another regardless who fills the position. This holds true especially during election periods for both positions. We seem to get to see them regurgitate like issues every two years depending on whose turn it is to face the voters.
However, I for one am a little tired of reading or hearing the “he/he (or she) said” that commands the media’s attention. It is NOT news worthy reporting. It is NOT professionalism at its best from either position and I feel it is counter productive to running our City. Both individuals in these (current) positions can, should and are expected to do better. These types of actions are not in the job descriptions for which you were elected and the voters of SB deserve more from each elected position.
SB will never improve itself with this type of action that serves no useful purpose. These two (individuals) work harder opposing or undermining one another than they do anything else. If laws have been broken, ask the District Attorney to investigate for validity and/or necessary legal action against the law breaker. Stop doing “your laundry” in public fashion and focus more on serving the voters of SB for which you were elected. The gaming must stop as SB can no longer afford the unproductive time each is investing. We have a City like so many other City’s that is/are in financial upheaval now and balanced budget concerns should capitalize all available time until our economy turns the corner and we can restore the jobs and positions and services that were sacrificed. Nothing should be more important, nothing!
Lastly, before any consideration is given to accepting more parolees into the City limits of SB, the residents (VOTERS) should be consulted. Regardless of what you feel towards this subject, the citizens of SB MUST be heard on accepting more convicted felons into this already crime ridden City. They must know there is an unbelievably high rate of these convicted are or become repeat offenders. They must decide if we need to place the City’s welcome mat out for these individuals. Not the Mayor, nor the City Attorney but the VOTERS. It will be these same voters that will more than likely fall victim to these repeat offenders. Can the voters afford this preventable upsurge in forecasted crime?
Special interests or personal agendas must not cloud the will of the public or voters. SB can not nor should be the promise land for felons. Our Mayor has a very difficult time understanding this now and while on the Bench and hearing the opposition ongoing about it. It needs to be settled once and for all, let the citizens/voters decide. That is how I see it, how about YOU?
Just about right, Mr. Penman, we need to throw-you-out and elect some one who would not do what you just did. And hat is to lie about others in order to promote your own, selfish political agenda.
It's the City Attorney's JOB to help stop corruption. WTF is the problem with those of you who think it's immature of him to call out the mayor on corruption? IT KEEPS US FROM GETTING SUED! I, for one, am very glad he's got his eyes peeled. Morris is one seriously bad mamma-jamma when it comes to kickbacks, scamming and corruption in general. Morris is a bad man and I hope more comes out about him to prevent him from winning the election.
ANYONE BUT MORRIS FOR MAYOR!!!
ANYONE BUT MORRIS FOR MAYOR!!!
Since the Mayoral election is up next get Morris out of office. Then worry about Penman.
Penman is OBLIGATED to keep our butts out of a sling. It's his JOB to investigate complaints like that to the fullest. Morris doesn't care if the city gets sued because it's not his money. As long as his non-profits are fed, he's a happy camper. Hey, watch Fox News tonight and see what's in store for Morris and his deeds there...
Penman is a petty politician who only thinks of himself before others. Penman's obstructionist behavior, as this mess demonstrates, is contrary to the canons of ethics of the legal profession. Penman has over-stepped his bounds by creating a controversy where none existed. Penman's actions in this matter are reprehensible at the least. If the Council had any guts they would censure Penman and fine him for his improper demeanor.
GMC:
I don't know who you are or from where you draw the audacity to talk about Mr. Penman that way. Mr. Penman is a *** ****** hero to this town on a personal and daily basis. He takes a personal interest in corruption, yes. This should not be unusual for his position.
Have you ever considered that the blood-hound is howling because he smells blood? What if he is correct?
Consider all of the non-profits Morris is tied to. Consider all of the non-profits who get business from nearly every major decision Morris makes. Why would Morris have raids done (as in 02-27-08) on the poor parts of town that give HIS non-profits business? Have you even considered that Penman might simply be trying to keep the city from being sued, (which, last time I checked, is what we elected him for)?
Mr. Penman's position calls for him to scrap with corrupt people. He is our guard dog, & a ****** fine one, at that. If he's barking, we need to get up and see who is breaking in. Just because Morris is the mayor does not make him beyond reproach. Didn't you seehe news last night? Morris is a MONSTER!
Exactly which obstructionist behavior is GMC talking about? The behavior that obstructs Morris from getting HIS way all the time, no matter if it above question? Obstructs him from breaking the law? Yeah, that's being an obstructionist to corrupt behavior. There is no question here. Only the one the Morris's are raising. I think they protest too much. If there is no issue than how come Morris doesn't remove himself even just to remove the appearance of the conflict. Oh, yes, this is about ego and power, Morris's. If Penman only thought of himself and not the voters, he would NEVER have brought this up just to get beat up and bad mouthed by the Morris's, their worshippers and the newspaper? You must be smoking the pot you so enjoyed in high school. Did you, Jimmy, end up in drug court in your adolescent years?
Gag Me:
Thanks for the input that it's Jim Morris...Now, the GMC makes PERFECT sense...
Jimmy:
Yeah, I get it. Good luck to you. Tell your daddy to get the right house next time. No need to google. I freely give my address at every city council scrap. Lights, camera, action....Cameras are waiting.
I'm not going to shut up. Tell him that, too.
-Hydro-
Penman's responsibility to the city is to protect it from potential liabilities. When Morris's merry men at Operation Phoenix were first found out in the BB gun fights,the molestation and nude photos, a lot of time elapsed before employees brought this up to Penman. if he had been informed from the very start, we can all be sure that he would have jumped all over those charges and reported what he heard.
Morris is used to a courtroom where he as a judge used his privileges to suppress evidence and testimony that should always be brought out to insure transparency. He is not used to being called out to follow the rules of recusal
When will these corrupt city administrators learn that we don't want "homeless shelters" in our local communities? Ontario just had a lengthy battle to shut theirs down, due to the problems (crime, violence) they attract. But good ol'San Bernardino obviously smells a federal grant, so we're going to coddle to the homeless, at the expense of the taxpayers once again. And, once again, the tax paying residents of San Bernardino, what few of us remain, will come out on the short end of the stick once again.
Well, It looks to me that all you Penman lovers cant see the forest for the trees. Penman is not a guard dog, he is a mad dog who is out of control. I remember when Mayor Holcomb called Penman 'pyschotic'. Penman went 'through-the-roof'. I thought he was going to attack the mayor. Penman was elected to advise the City on legal matters, not to interfere with the City's business by being an obstructionist. Penman touts his southern heritage, extolling the plantation values of his Mississippi roots. May be that is why he is always trying to run the poor and the minorities out of town. Last time I checked the census records, San Bernardiino, as it stands today, has a large low income population. As much as I don't care for that, that is were we stand. Penman does nothing to improve our chances of success. I strongly suggest, that if you don't like that, then you should move out. Not Penman, or God, can run all of "them" out of town. We can either curse the darkness or light a candle.
GMC:
Name calling to Un-elegant, non- applicable, paradoxical quote. Feel like you are losing the discussion?
I have heard it said, that when a "lib" is losing the argument, he will use name calling to fill in the blanks where facts should be!
HHHMMMMMMMMMMMMMMM!
Ummm.....if Mr. Penman is against low income minorities why did he work at the Home of Neighborly Services? If memory serves his first wife was hispanic, and he has kids too.
GMC, I think your reasoning is incorrect.
I've spoke with Mr. Penman and he isn't a racist. My husband is hispanic.
He does have a strong record against parolees, unlike Mayor Morris. I think that is one of many theological differences between the two men.
I was at the different hearings with HPC - they lied on their first presentation. They are a for-profit parolee housing enterprise and we don't need them in this city.
We don't need Morris either!
For Just Me...
For those of us who missed seeing Mayor Morris on TV as you noted, please tell us more or where to find the story on the internet.
Well, Fox News covered it...twice on Saturday and oce on Sunday...You can read my article at federaljack.com or you can just hear it here:
Morris is a monster whose constituents scream that he is a racist in the streets. He tears innocent families apart and throws children into the street, or worse- leaves them in abusive foster homes where they are murdered.
For those who don't remember...Holcomb called Penman a "psychopathic" liar, and of course Penman corrected Holcomb and offered the correct word "pathological". Penman was actually amused. If you are going to recount history it would be only right to do it accurately.