Our two cents

April 8, 2013

The April 7, 2013 front page of The El Paso Times was occupied by stories about the $800 thousand school district audit and the pending destruction of city hall. To me a more pressing matter was relegated to a sidebar in the Borderland section.  The county is getting ready to issue $162 million in certificates of obligation (CO’s) to build some outpatient clinics.

Not an emergency

I think the Texas Municipal League does a nice job discussion certificates of obligation:

“But the law also gives cities and counties the flexibility to issue debt through certificates of obligation on a shorter timeline.  This enables them to take advantage of favorable interest rates or an opportunity to acquire a property, to make emergency repairs after a disaster, or to address a critical public need without having to wait for the next uniform election date on the calendar.  Of all the debt issued by Texas cities in 2011, less than fourteen percent was through certificates of obligation.”

These clinics are not an emergency.  The decision to issue debt to finance them should be made through a bond election where the voters get to decide.  That is not to say that issuing the certificates is against the law.

Let the people choose

Actually we do have a choice.  By Texas law we have the right to petition for an election when we find out that the court intends to issue CO’s.  It would take the signatures of 5% of the eligible voters and the petition would have to be presented before the county issues the certificates.  The Times failed to mention that in it’s article.

By the way, this petition issue seems to be a big  reason behind proposition one of the proposed city charter amendments.  The current city charter allows a petition signed by 5% of the voters in the last city election to cause a ballot initiative.  Moving the city elections to November would greatly increase the number of voters and thus raise the bar for citizen initiatives.  Sneaky isn’t it?

Another blank check

The proposed order before commissioner’s court would allow the issuance of the CO’s for some period of time for some rate of interest.  Details like that evidently need to be worked out later.  You may want details, but the county just wants permission.  Actually section 3.02 of the order caps the interest rate at 4.75% and sets the maturity date at no later than August 15, 2044.

Bonds work differently than mortgages, but servicing the $162 million at 4.75% for 30 years would cost about $10 million dollars a year.  Hopefully the county will get a lower interest rate and the costs will be lower.

The newspaper article tells us that the tax will be about 2 cents per hundred dollar valuation, or about $20 dollars a year for a $100,000 home.  With a county property tax base of about $34 billion, two cents per hundred will raise about $6.8 million dollars in extra tax revenue per year.

That $6.8 million of tax means that the interest rate will have to be at about 1.5%.  My numbers may be off, but this does not look good.

This saves money — why increase taxes?

According to the article the hospital district says that the clinics will save us $17 million a year in emergency room costs.  Great!  The $10 million (on the high end) we would have to pay out needs to be subtracted from the $17 million that we are saving.  This gives us a $7 million savings.  That would actually allow them to drop our property tax rate by 2 cents instead of raising it.

Or does it save money?  What about the cost of operating the clinics?  The county judge evidently told the reporter that 450 new health care jobs will be created.  Will these be county employees?

Private vs. government

What I have heard from private practitioners about this is that they are not happy.  Roughly 1/3 of the physicians practicing in El Paso are affiliated with Texas Tech and the county hospital (now called UMC).  The private physicians  note that the proposed clinics are not in the really poor areas of El Paso but instead will cut into the business of private physicians.  I gather that the physicians in these clinics will be part of the Texas Tech combine.

What’s the hurry?

This is not an emergency.  Why won’t the commissioner’s court allow us to vote?  Are they afraid that once we look at this we will see things that we don’t like?

I don’t know how I would vote.  What I would like is a chance to look at this issue.

Muckraker


The week of April 7, 2013

April 8, 2013

Last week’s articles:

Monday I wrote about an El Paso Times article that left unanswered questions.  Missing the point.

Cato wrote Scheming institutionalized Tuesday about how government employees often get together to figure out ways to flaunt the intent of laws.  Then Brutus quoted from Shakespeare and  exposed nonsense at the city in Something is rotten in the state of Denmark.

Wednesday Brutus showed us some facts about our extremely high property tax rates in For whom the bill tolls and then Brutus gave another example of how some government officials ignore the intent of the rules in Cheater.

Cato started a discussion about the Proposed charter amendments Thursday morning and then I wrote about government officials controlling the timing of public announcements in Suspicion proven.

Friday saw Train wreck from Brutus.  Getting the land for the ball park is going to cost the citizens a lot more than money.

Saturday Brutus gave some more background material about the land deal in Hiding in plain site.  City council did their best to keep the story from us.  Then he posted Cart before the donkey after this blog was accused of hatred.  He felt some explaining would be in order.

The mayor’s efforts to have the citizens pay his legal bills came out on Sunday as Bail me out please.  Brutus wondered why the taxpayers should have to pay money to have an elected official fight the taxpayers.

Muckraker


Bail me out, please

April 7, 2013

The April 9, 2013 city council agenda has item 1, “Discussion and action regarding the legal debt incurred by Mayor John Cook in fighting the illegally circulated petitions calling for the recall of Mayor Cook, Representative Byrd and Representative Ortega. ”

The El Paso Times tells us:

The process, which lasted more than two years, left Cook with $579,939 in legal bills. Cook said he owes $551,044, which is far more than he can afford.

“I fought what should have been the city’s fight,” Cook said.

How?

How can it have been the city’s fight?  City council did not vote to tell the mayor to take it to court.  The mayor made that decision.  He has no right to commit the city without the vote of city council.

To me the arguments regarding initiative and referendum are interesting, but they are not the point.  He and he alone chose to fight these issues in court.  If he wanted city support he should have asked for it.

How did this cost $579,939?  Did the mayor fail to manage his lawyer?  Did the mayor think that he would get reimbursed?  What was he thinking?

Are the fees reasonable for this action?  What did the other side spend?

Why?

Why did the mayor choose to fight this in court?  Why not allow the recall election and see what the voters wanted?  Was this about principles?  Then why not fight it in a principled way?

What now?

I feel badly that this bill needs to be paid, but not badly enough to pay for it myself.

The city is developing a costly habit of using taxpayer money to sue the taxpayers in court.  Their lawsuit filed in Austin to try to legitimatize their ball park actions is an example.  State law allowed the suit to be filed in El Paso or in Austin.  The city chose to fight the battle in Austin making it more difficult for the local taxpayers to show up in court to have their day.

I can’t help but note that this is an issue that should take a good deal of attention during the city council meeting — the same meeting where the railroad give away is going to occur.

We deserve better

Brutus


Missing the point

April 1, 2013

The Times headline article on the 26th left me with more questions than answers.  Pension fund chief praised, defended.

If you clicked on the article you probably noticed that the on-line version has a different headline than the print version one that I used above.  Call me old fashioned but there is something disingenuous about doing that.  It can lead to all sorts of problems.  Given how short-handed the editorial staff is over there I would have thought they would only want to edit one version of a story.  I say that with the hope that a competent editor works on each story.

It appears that the city’s chief financial officer has fallen in step with the city manager.  Earlier articles in the Times left me with the impression that the city manager and the chief financial officer were not talking.

The city has five board members.  The three that dissented were city appointees.  What happened to the other two?  Were they not at this important meeting?  Did they vote with the majority?

The Times used a lot of ink printing about “questionable actions and spending habits”.  They did not talk about the board and it’s oversight responsibilities.  Two of the city board members did not know about the director’s prior legal issues.  Why not?

The director has been accused of wrong-doing in the past.  That does not make him guilty.  Any board member with an ounce of responsibility would have been watching him like a hawk, however.

How can the fund have a shortfall of $270 million four years after receiving a $210 million bailout?

Are the payouts too liberal?  Is the investment plan defective? What are the numbers? Is the fund really losing about $70 million dollars a year?

Where is the board?  What are they doing? What are the plans to fix this?

Was this article about running off the director when it should have been about the lack of board control?

Muckraker


The week of March 31, 2013

April 1, 2013

I got some feedback from some of you that it is hard to read this blog every day and as a result some of you miss some articles.

They are shown with the most recent post at the top and the ones immediately prior to it listed below it.

Here is a list of the posts from last week:

Brutus started the week this Monday with Rubbing shoulders.  He pointed out that the city has seen to it that the departments at our new expensive city hall are mostly internal ones.  The public has been relegated to multiple buildings spread across town.

Tuesday saw Brutus writing about the city hiding debt so that they do not have to publicly raise the tax rate based on expenditures in Rushing into debt.

Cut and paste writing took the Times to task for reprinting the same things over and over and over.  Strike two focused on the serious flaw in the ballot language for Proposition One.  These were published Wednesday.

Thursday saw Part of a story from me.  This blog got an interesting tip about the Times.  Brutus took the state senate to task in Goose or gander?

I published Slight of hand? this Friday.  It looks like the city is creating a diversion.  Why?  Brutus posted In the land of the blind man the oye-eyed jack is king.  The board of our county hospital seems to be doing the same thing that many of our other managing boards are doing — following instead of leading their executive and insulating themselves from the public.

Saturday saw Catch me if you can from Brutus.  He senses a secret deal with the railroad.

On Sunday Cato posted Release the audit.  The El Paso Independent School District is hiding the $800,000 audit from us while at the same time it is firing officials that have significant public support.