The El Paso Times on proper governance

February 1, 2013

The post from Brutus yesterday (January 31, 2013) got me to thinking about what the situation is over at the El Paso Times.

The same day as his post the Times wrote an editorial that supported the negative tone of the earlier article Brutus wrote about.

An elected city representative was chastised for bringing a proposal out into the open for the public and city council to consider!

An idea that might be good for the public somehow came to him.  He explored it at a preliminary level to see if it might make sense and be possible.  He then brought it to city council for their consideration.

The Times says that was the wrong thing to do.  They wrote “The rub? Noe apparently went off on his own in negotiating a possible deal with a land developer. Some on City Council said Noe went behind their backs.”

I thought that is part of what he is supposed to do.  Consider an idea.  Bring it out into the open and let council consider it.  Tell council it is just an idea — one way of doing something — that he is open to other ideas.

Could the Times be saying that the way things have been happening at city council is the way he should have handled this?

Does that mean he should have:

  • Gone serially, one by one to avoid the open meeting laws, to each representative and wired together a deal
  • Secretly finalized the details
  • Waited until there would be no time to consider other options
  • Then sprung the deal so that council would have no choice other than to approve it?

Or does it mean he should have kept his mouth shut and let city staff cut a deal with the cabal and then do exactly the same four things?

That is what has been happening in this city.  The Times has chosen not to expose it.  Now the Times criticizes the open, transparent method that a new city representative attempted.

“I never wonder to see men wicked, but I often wonder to see them not ashamed.”

Eternal vigilance is the price of liberty.

Cato


Whoa! Was the fix already in?

January 31, 2013

I don’t know Dr. Noe, one of our city council representatives.  I do know that I have not agreed with some of his votes while on council, so I am not one of his biggest supporters.

The front page article in the El Paso Times yesterday (January 30, 2013) really got my attention though.

Evidently the councilman brought a possible land deal for council’s consideration relative to the east side sports complex that the voters just approved.  To me the tone of the article was just short of accusatory.  It characterized the reaction of other council members as negative, “frustrated” and “confused”.

After the discussion the council directed the city staff to research potential locations for the complex “and explore all options”.  Dr. Noe said “his proposed site  did not have to be the final one”.  I seems somehow council did the right thing.

What’s happening?  Why did the Times article take a negative tone?  Is the problem that a council member got out ahead of the cabal that is running the city and had the audacity to propose something for consideration that he thought might make sense?  Is it possible that the strong response was because the fix is already in and his suggestion is not the one that they want?

The article gave details about the developer’s contribution to Dr. Noe’s campaign.  I really don’t remember that kind of coverage from the Times when the ball park and city hall moves were being written about.

Let’s see:

  • A developer contributes $2,000 to a candidate’s campaign.  The candidate gets elected and becomes a city representative.  The candidate and the developer  consider a potential deal to give land to the city in return for some concessions on another project.  The city representative brings a deal for consideration to the entire council — right out in public.
  • The El Paso Times writes an article that makes it look like open warfare broke out and that something sneaky was going on, but ultimately city council did the right thing and told city staff to consider all options.

On the other hand:

  • The city buys a multi-million dollar building from the owners of the Times.
  • The Times turns a blind eye on the shenanigans that have been going on at the city.

Did the good Doctor forget his place?   How did a city representative come to the mistaken idea that he should bring ideas to the council for their consideration?  Doesn’t he know that his job is to rubber stamp what the cabal has decided?

We deserve better

Brutus


Do they even think about what they are doing?

January 21, 2013

Today’s (January 21, 2013) El Paso Times has an article “Public input needed for charter changes”.  It addresses some of the issues that the city’s Ad Hoc Charter Advisory Committee is considering.  The plan is to have some public meetings and then take their recommendations to city council.  City council will then decide what to put on the May 2013 ballot for approval or rejection by the voters.  According to the article “council has the final say on what to take to voters”.

Cato wrote about the issue in Charter Changes?

According to the city web site one of the purposes of the committee is “making revisions that (1) are appropriate to the Council-Manager form of government …”.

Huh?  How about “proposing revisions to our form of government”?  Why must they be appropriate to the Council-Manager form of government?  Well, they tried limiting a similar group back in Philadelphia a couple of hundred years ago.  Maybe this new group will try to stretch beyond the limits that our local cabal is trying to impose on them.

Go to a meeting.  Express your thoughts about the mess we have.  This is your chance.

The article even indicates you can contribute by sending an email to citymanager@elpasotexas.gov.

Give me a break!  The city manager?  Is that like asking Caesar if he still wants to be emperor?  My namesake (or tocayo locally) took care of that himself.

Would the city manager not be fair and forward all emails?  It does not make any difference.  The city manager should not be involved in the process.

Why can’t the public send in their thoughts to the committee directly?

We deserve better

Brutus


Minimal due to condition of building

January 18, 2013

In Pre Sneak Attack I wrote about how city council broke the remodeling of the second floor of the El Paso Times building into two job orders.  The first one they issued without letting us know — it was for $450 thousand to demolish the old improvements.  The second one was for $649 thousand — they had to take it to city council.  The city manager called obeying state law “a formality”.  See 1 plus 1 not equal to 2.

The net effect is that the city slipped through the $450 thousand and spent a total over $1 million through a buy board where schools in Houston get 4% of what we spend and local contractors do not get a chance to bid.

The contract was discussed in More of Our Money For Houston where city council awarded $4 million through the buy board, with 4% of that going to Houston.  I wrote at the time that I wondered why the amount was so large.

The El Paso Inc. cleared that up for us in its January 13, 2013 front page article.  It appears that the contractor will start next week doing work at the 811 Texas building.  Then on February 15 they are scheduled to start work on the first floor of the El Paso Times building, all this through the Houston buy board.

Remember that on September 18, 2012 the citys Chief Financial Officer told the city council that the improvements needed at the Times building were “Minimal due to condition of the building”.  We now know of at least three separate job orders that must have been issued through this buy board on this building that we were told to buy.

The El Paso Inc. article also mentions that the city plans to house council chambers on the first floor.  Previously we had been led to believe that council would meet in the main library for a while.  Maybe that is still the case.  In City Council Chambers the cost to build new council chambers was identified as $800,000 from a city slide presentation.

So what does this add up to?  So far:

  • $450,000 to demolish the second floor improvements
  • $649,000 to build new offices on the second floor
  • Unknown amount (so much for open government) for work on the first floor
  • $800,000 or so for new city council chambers

That puts us at at least $1,899,000 and climbing.  The El Paso Inc. article puts the purchase price of the building at $9.4 million.  The Oxford Dictionaries defines minimal as “of a minimum amount, quantity, or degree; negligible”.  

Twenty percent is not negligible!

They have not been telling the truth.

We deserve better


Charter Changes?

January 14, 2013

There was some talk around town this weekend about the Sunday (January 13, 2013) headline article in the El Paso Times.

We have an Ad Hoc Charter Advisory Committee.  It is working on potential modifications to the city charter that could be voted on this May.

The article indicated that we may be asked to move city elections from May to November.  Two  reasons for this are obvious.  

  • Firstly, conservative voters tend to vote in all elections, even taking the trouble to vote in a May election when few issues are at stake.  November (national) elections tend to draw more voters, including those that are less conservative.  Conservatives tend to get in the way of the progressive agenda that this city council has.
  • Secondly, with more citizens voting in a November election it will be more difficult to obtain the signatures of 5% of the voters in the last general election — thus making petitions for recall or initiative more difficult to certify.

The article also indicated that there may be proposed changes to the percentage of voter signatures needed to validate a petition for recall or initiative.  In El Paso a successful petition to recall an elected official or to propose an initiative require the signatures of 5% of the voters in the last general election.  The article predicted that the number will be raised to 10% in both cases, like “other Texas cities”.

What the article did not mention is that the document that was evidently considered at the January 7, 2013 meeting of the Ad Hoc group entitled “Potential Charter Revisions for the May 2013 Ballot” appears to have been drawn up by a law firm (so much for citizen initiatives, these people are being managed to get desired results).  The document does address the above issues.

What the El Paso Times article did not mention speaks volumes:

  • The draft document advises the members that in “other Texas cities” where the percentage required to certify an initiative petition is higher than in El Paso, the issue automatically goes to the voters if city council does not approve of the action proposed in the certified petition.   You will recall that we have recently sent up petitions that city council has either denied or taken no action on.  No such democratic provision appears to be in the document.  Here if a first petition is denied by council a second one must be certified and even then council must vote to place the issue on the ballot.
  • The current charter requires city council to pass an ordinance (a formal, multi-step process) to lease a public property or grant a temporary use of a street, alley, public way or public property.  The proposed language would allow council to do this temporarily (the document speaks in terms of years) by simple resolution of council.  In other words at any city council meeting.

The document also shows that the Ad Hoc committee is considering other issues including moving some power from the mayor (who is already holds a weak office) to the council and changing some conflict of interest issues that in my opinion should be changed.

Meetings times of this Ad Hoc group are not well known by the citizens.  You should contact the members of the group if you wish to express your opinion.  The membership list can be seen here.

Remember that as another blow to the democratic process, whatever the group comes up with for our consideration must first be approved by city council before it can be voted on by the citizens.

The price of liberty is eternal vigilance.