Ox goring

March 4, 2013

Cato has been busy talking about the proposed city ordinance that would attempt to change the public’s right to access information about city government and its’ employees.

When the El Paso Times weighed in they first wrote an editorial  that said “The proposed ordinance, to put it mildly, is a disaster“.  The editorial was published the day that city council would first consider it in session.  The message was clear — they wrote “We urge the City Council to reject this ordinance“.

Many of us agree and thank the Times for taking this stand.

City council ignored the Times and the public and is moving through the steps involved in adopting the ordinance.

The Times then put their new government reporter (I believe he was a sports reporter before this assignment) on the issue.  His article covered some of the issues.  In general it raised the heat.

Council continues with this assault on our right to know what is going on in our government.

I am not alone in believing that the Times has been trying to help the city with it’s coverage of the destruction of city hall, the moves, and the construction of the ball park.  They have been flogging the El Paso Independent School district while actively siding with the city government.

Now it appears that even the Times cannot abide council’s actions.  Some will say that the Times gives the city a pass because the city bought the Times building.  Many will say that this is because limiting public information will make writing newspaper stories harder — thus goring their ox.

What is important is that the Times is shedding light on this particular attack on our rights.

I doubt council will listen to any of us.  Remember the election coming in May.  We need to change the composition of council and we need to choose a mayor that will respect the will of the people.

We deserve better

Brutus

2 Comments | City government, El Paso Independent School District, El Paso Times, Open Government, State Government | Permalink
Posted by Brutus

Bike Paths

March 3, 2013

 

Several months ago after I found out the the El Paso Times would only publish one letter to the editor per month, I thought a Blog would be the answer. I contacted Brutus by Email since he carefully protects his identity from the public. He is only an Email address to me. Well in either case, he toldme there should be no difficulty obtaining subjects to write about with the goings on of our local governments; County, city and the school districts. He pointed out the indictments and convictionsrecords which make Chicago and Philadelphia look like playgrounds. As you will notice he seems to never run out of material.

 This morning while I was having my “Tall Blond” at Starbucks ( that a type of coffees for u tea drinkers), perusing the El Paso Times and the INC, I noticed on every page there was a tidbits of pure entertainment . Some of the city council members are trying to change the FOIA stating the the State law is not Clear enough. Then You say to yourself, why now, why bring this up. You can’t help but think they have something to hide. In the same article, one finds out they (the City Council) are suing the Attorney General of Texas because he asked them to release personal information in Emails sent toa private electronic address pertaining to the new Stadium and the Triple A Ball team. Who needs a private (secret) Email address besides Brutus.

 Ortega shouts it violates, his 1st and 4th. amendments  rights. He should have included 5th.

Ann Lilly wants her privacy. Has she ever made a motion? Is she awake?

 Niland says she wants more transparency. (Boy, did she and Joyce get burned when their Emails came out, e.g. crazies etc. Is she kidding?).

Suzie wanted more Bike paths.

The editorial addresses the demolition of the city hall and the uselessness of the May vote for demolition. Sounds like they are afraid of moving back to that white elephant downtown.

 On the other hand. I did enjoy the Trish Longs article about the closing of the Red light district by a Mayor of yesteryear. That was a real Mayor. No Guitar stuff, no off key singing, no catering.

 He didn’t use a secret address. Just Sent the Po– lice and got it done. Forget about your amendments bike paths.

According to the article, the former Red light area is vacant. A perfect place for a new City Hall?

After all that , I.m convinved Trich Long should be on the Editorial Staff. Et Tu, Brute?

MT Cicero

 

Leave a Comment » | City government, El Paso Times | Permalink
Posted by M.T. Cicero

Step into the trap

March 3, 2013

According to an El Paso Times article the Ysleta Independent School District (YISD) stiff-armed a Times public information request relating to bids to conduct a study about potentially outsourcing four administrative jobs.

Let’s start with the fact that the anticipated fee would be $100,000.  That fee would have bought a feasibility study of the effect of outsourcing those few jobs.  Suffice it to say that a more prudent approach would not have required a study.  Some would conclude that management (either at the board or staff level) should be expected to handle a decision like that.

Put simply, this does not look right.  It is good that the Times is looking into this.

The Times seemed surprised that the district “notified the bidder” even though their expert felt it would be hard to see why the information should not be considered available to the public.

The Times walked into the YISD trap.  Remember that government officials, lawyers, and elected people spend our money attending meetings and conferences that draw other people with similar jobs.  One of the things that happens at these conferences is that they share their clever ways to get around pesky requirements that they find inconvenient.

The documents probably contained copyrighted material or information that the vendor might claim to be proprietary.  This gave YISD an excuse to ask for an Attorney General ruling about the contents, thus delaying disclosure for weeks.  Notifying the vendor is required under the law.  Teaching the vendor how to effectively object to the release is not required.  YISD did that to try to avoid releasing the information.  If the vendor does not effectively raise the proper objections YISD may be ordered to release the documents.

The Times should have asked that YISD redact any such material.  After reading the released documents the Times could then decide if access to the redacted information was needed.

Open Records is a previous post that addressed some of the things to avoid or to specifically do when making a public information request.  One thing that the post did not suggest was requesting the right to inspect the documents in person.  This technique can eliminate opportunities for the agency to delay the process.  You are even allowed to make your own copies of the documents if there is nothing that the law requires to be redacted and as long as your copying equipment does not create a safety hazard or disrupt operations.  Think cell phone camera.

What YISD did here was despicable.  It is part of a technique that many public agencies (especially the City of El Paso) use to frustrate the process.

The thing to remember is that the agency will probably try to find a way to trip you up.  Read the earlier post and write your request in a way that avoids their tricks.

Vote in May to change the leadership of agencies that play these tricks.

We deserve better

Brutus

Leave a Comment » | City government, El Paso Times, Open Government, State Government | Permalink
Posted by Brutus

Why are they stalling?

March 2, 2013

How much power do they need?

According to an article in  the El Paso Times the Texas Education Commissioner has “elevated”  his previously appointed monitor of the El Paso Independent School district “to what the state refers to as a conservator” who “has the power to overrule the district’s interim superintendent and the school board“.

There is also an on-going legal battle.  The commissioner wants to install his own board of managers.  Cato wrote about this in Disenfranchised.  The whole process negates our right to choose who leads the district.

What does the commissioner want?  According to the article “[he] has said that it may not take long for the board of managers to wrap up their work”.  Evidently there is some plan of action already in place.

Is there something that the commissioner wants the school board to do, or to stop doing?.  If the conservator can overrule the school board why not act now?

Are there people that need to be punished?  Are there changes that need to be made?  Can we start doing better right now?  Are we sacrificing our children’s interests over a political power struggle?

What are we waiting for?

We deserve better

Brutus

Leave a Comment » | El Paso Independent School District, El Paso Times, State Government | Permalink
Posted by Brutus

Incomplete work or half truth?

February 25, 2013

I know that Cato plans to be active the next few days, but he has agreed that a front page article in the El Paso Times yesterday (February 24, 2013) should be addressed.

The article indicates that the Mayor wants to charge the city for some $500,000 dollars worth of legal fees that he incurred.  It says that his claim is based upon bad advice that he received from a former City Attorney.

Later the article indicates that  city lawyers’ claim that the recent citizen petition that seeks to stop the tearing down of city hall is not a valid action since “… the charter affords no right to place the proposed matters on the ballot …). They claim that the recent petition is a “referendum” not an “initiative”.

The reporters write that a referendum measures voter approval or disapproval of an action while an initiative proposes action.  They then point out that the charter  only provides for referendums that relate to collective bargaining agreements between the city and it’s employees.

The full story is of course different.  The charter does have two different sections titled “Initiative” and “Referendum”.  What they do not point out is that the city charter in section 1.04.040 says “The headings and subheadings in this code are for  convenience in  searching  only, and are not intended to  limit or expand the text.”  In other words the petition is neither an “initiative” nor a “referendum”, it is a petition.

“Whenever a number of registered voters equal to at least five percent of the voters who voted in the last general City election sign a petition setting forth the precise content of an ordinance desired by the signers (emphasis added), the Council must place that ordinance on the agenda of a Council meeting to be held within thirty working days of the receipt, by the City Clerk, of the petition bearing the authenticated names and addresses of the petitioners. Such an item shall be treated by the Council exactly as any other proposed ordinance”.

The item on next Tuesday’s council agenda calls for an election on a proposed ordinance.  The ordinance would take action.  The action would repeal a prior resolution (a resolution is just an expression, not a law or ordinance) relating to the ballpark and to evacuating city hall. According to the proposed ordinance “This petition called for the proposed ordinance to be placed on the ballot …”.

A petition calling for an ordinance.  New action.

The city lawyers are of course arguing for their side as they are paid to do. What about the Times reporters?  Were they doing their jobs too?  Did they not do their research to  find section 1.04.040 or did they only tell half of the story on purpose?

Either way the article is misleading to the voters of El Paso.

I quote the Yiddish proverb “A half truth is a whole lie”.

We deserve better

Brutus

1 Comment | Ball park, City government, El Paso Times | Permalink
Posted by Brutus

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