Open records

January 11, 2015

Some feel that Texas offers its citizens the best access to public records of any state  through it’s “Public Information Act”.  The Attorney General of Texas publishes a handbook about the Act that you can download here.  There is a lot to read.

Basically most records that a government entity keeps can be accessed by the public.  There are exceptions like medical records, retirement records, certain investigative reports, bidding information before a bid is awarded,  and information that would violate a person’s right to common law privacy.  That makes sense to me.

In practice however many agencies (including several in El Paso) consider you to be an enemy if you make a request. There are provisions in the Act that allow an agency to request an exception from the Attorney General of Texas.   In practice this delays their disclosure of the documents you want about 60 days.  You should familiarize yourself with the handbook if you make a request and the agency starts to give you guff.  There are rules that must be followed by both sides.

If you are on to something and want to make a request these tips can help you get results quicker:

  • Be specific, do not ask for the world.  Specify individual records that you would like to see or have a copy of.  They are allowed to charge you based upon the amount of work they have to do or the volume that they must produce (10 cents a page and $15 per hour).  You can always ask for more later.
  • If you are doing business with the agency you might want to have someone else make the request.  That way they may not learn that you are looking into something and might not put you on their enemies list.
  • Do not ask for something that does not exist.  Generally they do not have to create anything because of your request, so do not ask for a report or analysis that does not exist.  Tell them that you only want access to existing documents.
  • Tell them to redact information which they take exception (under the Act) to disclosing
  • Tell them that if they take exception to your request that you would like them to contact you before the Attorney General.  You might be able to narrow your request without sacrificing the information that you want and avoid their delaying tactic.
  • If you suspect that they will stall by asking for an exception, make two or three separate narrower  requests with the hope that one or two of them will not be challenged.
  • Understand that if you are delving into something that they want to hide they will often go to the Attorney General knowing that they will ultimately have to disclose the information but also knowing that they can buy time and that you might lose interest or maybe they will be able to complete whatever mischief they are up to.  You might best make a simple request that will help you confirm what you are thinking first.  Then you might make a second request that asks for more details.
  • You have the right to review the records in person.  Copies do not have to be made.

They have ten business days to respond to you either way.  Note that the City of El Paso is not open on Fridays so that gives them even more calendar time.

It is a shame that some of the people who work in our local governments consider these requests to be an invasion of their privacy.  Understand that they may try to defeat your request.  They make take it to the Attorney General.  I believe they lose more often than they win.  They may send you the wrong information or documents (a simple mistake after all).  They may outmaneuver you by understanding the Act better than you do.

We deserve better

Brutus


Starving artists

January 10, 2015

We are making a significant investment in public art here in El Paso.

This link will take you to a list of 2014 projects.

The dollar amount comes to almost $5 million.  Some of the amounts are for design services only, no actual art.

Another thing that should catch your eye is the timing of some of these projects.  For example the chart tells us that they are spending $300,000 for design of art work for the Dyer street rapid transit system.  That system is not scheduled to be operational until 2017.

By the way we evidently paid $240,000 for the design of the images that are on the Brio stations on Mesa street.

The things erupting from I-10 at Airway evidently were designed with our $250,000.

I wonder what we would have to pay to have someone design an artist’s conception of what a paved street would look like.  Then again maybe we could have someone draw a picture of a restroom for San Jacinto Plaza.

We deserve better

Brutus


Ordinance enforcement

January 9, 2015

Our chief of police seems to be keeping a pretty low profile.

Officers that I have spoken with say that he is a no-nonsense type that is well respected by the rank and file.

That being said, I would hope that we can see some stricter enforcement of some  local ordinances.

Maybe they could help reduce these activities:

  • Using a cell phone while driving
  • Jay walking
  • Blocking sidewalks

We deserve better

Brutus

 


EL PASO – AFFORDABLE STEPS TO RENEWAL # 4 – A Public Sector Piggy Bank

January 7, 2015

This from Jerry Kurtkya:

EL PASO – AFFORDABLE STEPS TO RENEWAL

# 4 – A Public Sector Piggy Bank

This is hardly a new idea but is one that is gaining traction around the country. Then again, that probably guarantees that it will be another 25 years before it gets any official attention here. I am referring to the idea of establishing a public sector bank to capture the economic benefits of government cash flows and deposits here and keep them local rather than diffusing them to the private banking system that just ships our money off to Wall Street to gamble in the global casino.

I think the idea of a local public sector bank – a Border Bank – was first raised here by Katie Updike, formerly of the Planning Commission. She wrote a detailed report proposing “…a bank which provides the legal, financial and administrative capacity to foundations, banks, donors, non-profits, and governments to fund, administer, and share risk for credit-worthy initiatives in the Mexico US border region.” A very ambitious idea. I want to tone it down a bit and limit the scope to public sector entities, i.e., organizations run by elected officials or chartered by such organizations, e.g., the housing Finance Corporation or the PSB. I think there is a business case for this and little loan risk.

The vision is to create a non-profit banking institution here that will be the repository for public funds of the City, County, school districts, HACEP, EPWU, UMC, HFC, etc. The bank could be chartered either as a Cooperative as defined in the US or a 501(c)(3). It will be a bank where the checking accounts and other depository accounts are held for these local entities. That is a LOT of money but it won’t cost a lot of money to do this because there will be no ATMs or branches or lobbies or drive-ins or marketing expenses. Just a few officers and clerks. The actual operation of the bank, such as IT, item-processing and clearing, can be farmed out to a local bank like GECU as a contractor. Really, the annual loss on the Trolley to Nowhere would probably be enough to start the bank. Of course, there will be a board of directors appointed by elected officials but having to demonstrate some relevant knowledge of finance to sit on the board (i.e., not the UMC board model).

The purpose of the bank will be to consolidate public funds in one institution to save on banking costs and to earn money on the deposits by investing them in public sector instruments, e.g., stadium bonds and QoL bonds and COs of local and other governments and, eventually, become the debt-issuance bank for the local public sector. At least we can pay ourselves interest for all these boondoggles instead of paying the commercial banks! But the public bank will not be a competitor to the commercial banks except in the share of public deposits it holds and services.

Because the bank will not have to fund a distribution system, more of its earnings will flow through and back to its depositors, i.e., us, in the form of interest paid on deposits. Its reserves will be correspondingly lower because it will not be making commercial loans. This model can save as much as 40% of banking costs for local public entities if we can get them all to buy into and designate it as their depository bank. This is just another way to capture the benefits of El Paso’s growth for the public benefit because it will recirculate public money in the region, not out of it.

Quoting again from Updike’s study, “In general financial capacity in a region results in a multiplier of money supply equivalent to the money in the financial enterprise divided by the reserve rate. This multiplier is also affected by how much of the goods and services purchased are from the region, and so on… Most importantly the funding sources will be largely redirected from investment vehicles outside the region, thereby directly impacting monetary resources within the region.”

I hope you are getting the picture, though my proposed bank is a less grandiose vision than that of Updike’s. Still, if successful, it could morph into Updike’s vision to what is known as a community development bank with a larger scope to finance social enterprises in the region, e.g., NGOs like La Fe which help to alleviate poverty and address health and environment, expand funding available to microfinance and community lenders, and stimulate existing non-profits to consider economically sustainable approaches to their missions. Its depositors could also expand to include the local NGOs and other non-profits and foundations whose mission is aligned with the bank.

Think about it.

NEXT – # 5 Thought Leadership or Where Do Ideas Come From Here?


Are We Ready to Re-Think?

January 5, 2015

This is from Helen Marshall:

Are We Ready to Re-Think?

The El Paso Inc just honored Woody and Josh Hunt, Paul Foster and Alejandra de Vega Foster, and, yes, Joyce Wilson as El Pasoans of the Year for making the baseball team and ballpark happen. The accompanying article asserts: “This year, the revitalization of Downtown that the city and business leaders had been trying to kindle since the 1980s has finally caught fire, evidenced by the new businesses, restaurants, apartment and hotel projects and the excitement.” For example, Joe Gudenrath, executive director of the Downtown Management District, says there was only one more event Downtown this year than last, but 60,000 more people attended.

 

Paul Foster sings Wilson’s praises: “Joyce was an absolute key part of the whole process, and I don’t think it would have happened without her,” Paul Foster told El Paso Inc. “She took a lot of bullets and a lot of criticism. “I think if people had it to do over again, they’d probably rethink some of that criticism. Joyce has great skills, and I think is largely responsible for the success of the whole project.”

And Josh Hunt assures us that “Once it was built, I think we were able to move past some of the more controversial aspects of the process.”

 

The following exchange with Josh Hunt is recorded:

It would be an expensive venture for MountainStar and for El Paso taxpayers if they had to pay all or part of the costs for the new stadium and the infrastructure to serve it. Critics of major league sports investments say the costs far exceed the benefits for a community. What would you say?

I’d say very few of those critics are actually looking at the real numbers and the hard and soft values that come with ventures like this. First, I think El Paso and the borderplex can make this happen through many financial means, and not just taxes. . . Just for instance, the ballpark here was financed significantly through the hotel occupancy tax, which is charged to our visitors. I think there are a lot of those types of financing tools out there. I think there are a lot of other intangibles that need to be looked at, like business recruitment and retention, quality of life, jobs, economic development and broadening our tax base. 

Go look at Denver. . .you can see what transformations have taken place in downtown Denver, which is now one of the most attractive places for young people to live. That started all the way back when they built Coors Field and followed that up with a downtown arena and then followed that up with a football stadium, all 100-percent publicly financed. It’s now one of the most livable downtowns in the country.”

This writer has been to a game, and, yes, it’s good to have baseball in El Paso. But I’m wondering if public confidence in civic leaders has recovered from the discovery that city manager Wilson and her Council allies called those opposed “crazies,” and deliberately schemed to bring about the destruction of City Hall to make way for the ballpark without any public discussion whatsoever. And I am waiting to read the names of all these new businesses and restaurants, and the surveys that identify the baseball team as the reason for building new hotels or apartments, or that identify the baseball team as the reason for attending a Downtown event.

Personally, I look now to see if there is anything happening in the ballpark when I plan to attend something downtown, and either don’t go or go much earlier than I would have planned to (which of course may mean I have to spend money in a restaurant, how clever of them!). I’m also waiting to see some honest accounting of the total expenses for the ballpark and how much is covered by the HOT.

As for public financing of venues in Denver – Denver is not exactly a parallel for El Paso. It is the state capitol, has a median family income of over $57K, and a very different downtown structure….

http://www.elpasoinc.com/news/el_pasoan_of_year/article_e99db9fc-8f79-11e4-9a75-bbd61883e3d2.html