Our money laying around

July 20, 2015

Now we are learning that the city is so loose with our money that they have failed to collect over $21 million from the state.  The state wants to pay us but the city has to do some paperwork.

According to this article in the Times:

The city of El Paso is in danger of losing millions of dollars in transportation project reimbursements after failing to submit the required paperwork to receive payment, according to Texas Department of Transportation officials.

TxDOT says the city has $21.3 million in pending reimbursements, but city officials disagreed, saying it’s closer to $9 million.

Difference

Based upon the city’s recent financial errors I know who I would tend to believe in this situation.

Even if the city is right why haven’t they moved immediately to collect the $9 million?  Do they have so much of our money that they don’t care?

More debt is an option

I have been impressed with the way our new city manager and chief financial officer have been trying to fix the mess that their predecessors left us with.

This quote from the Times really makes me wonder though:

In the worst-case scenario, Sutter said, city staff could go before the City Council to request additional certificates of obligations, which are backed by property taxes but don’t require voter approval.

We can only hope that the quote was taken out of context and that our chief financial officer was talking about something other than collecting our $21.3 million.

We deserve better

Brutus


Over and out

July 9, 2015

Our west side city representative for the last ten years is no longer on city council.  Unfortunately we still do not know what happened to the investigation relating to her alleged threatening of a city employee.

If I have my facts straight the Times reported back in October of 2013 that the city representative was being investigated to see if she threatened a city employee who had been instructed to trim a tree on her property.  The tree was evidently obstructing a traffic sign.

We don’t know what the city representative did or did not do, but a serious crime may have been committed.  From the Texas penal code:

Sec. 22.01.  ASSAULT.  (a)  A person commits an offense if the person::

(2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or

(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

(b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against:

(1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

We wrote in Do you know who I am? that:

City Manager Joyce Wilson said all council members have to go through standard investigative procedures when allegations are raised against them.

“They are treated the same as any other citizen.  An investigation takes place and the outcome is referred to the District Attorney,” she said in an email.

The case has been handed over to the Special Investigation Group, a police unit formed to investigate allegations made against public officials.

We learned that her statement was just plain hooey to put it politely.

Then in Two strikes and you’re out as part of the discussion over the firing of a deputy city manager we heard of rumors that the same city representative wanted the employee to be fired.

Charter violation? discussed the possibility that the city representative might have also violated the city charter.  We wrote:

Our city charter says:

Section 5.5 INTERFERENCE WITH PERSONNEL OR ADMINISTRATION.permanent link to this piece of content

Except for the purposes of investigations under Section 3.8 and inquiries, the members of the Council shall deal with City employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the Council nor any of its members shall give orders to any such employee, either publicly or privately. Neither the Council nor any of its members shall in any manner control or demand the appointment or removal of any City employee whom the City Manager is empowered to appoint, but the Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such employees.

In other words a city representative does not have the right to give orders to a city employee “either publicly or privately”.  According to the charter:

“The failure of any officer or employee to comply with this chapter or the violation of one or more of the standards of conduct set forth in this article, which apply to him or her, shall constitute grounds for expulsion, reprimand, removal from office or discharge.”

Then in Private club we pointed out that both the district attorney and mayor appear to have responsibilities here.

We deserve better

Brutus


Thoughts about our future independence

July 4, 2015

What those brave people did in 1776 changed the world and all of us should be grateful.

Thinking of our situation today, two quotes come to mind:

“Any society that would give up a little liberty to gain a little security will deserve neither and lose both”.  Ben Franklin

“The only thing necessary for the triumph of evil is for good men to do nothing”.  Edmund Burke

Be careful today.

We deserve better

Brutus


City secrecy part five

July 1, 2015

The Texas Municipal League’s document “The City Attorney:  A Reference Manual” addresses the attendance of a city attorney in executive session at a city council meeting.

“Bringing your city attorney into executive session is tricky. In some cases, the city attorney must be present in an executive session: namely, executive sessions in which the purpose is to consult with the attorney about litigation or a matter involving attorney-client privilege.”

The document goes on to say that when council needs legal advice, attendance of the city attorney is necessary.  However:

“There is an executive session scenario involving the city attorney that the council should be careful to avoid, though. Sometimes a city is tempted to adjourn into executive session to discuss a controversial or sensitive matter for which there is no independent legal authority to hold the executive session. To get around this, the council will take the city attorney in tow and label the executive session “consultation with the city attorney.” This should not be done.”

Later they write:

“For example, say the city is negotiating a contentious contract for the purchase of a piece of equipment. The city council would like to conduct the discussions in executive session, out of the hearing of the public and press. Can it do so by consulting with the attorney? No. For one thing, there isn’t pending or reasonably anticipated litigation going on—mere controversy or sensitivity doesn’t amount to anticipated litigation. So the city will have to look for other independent authority—but there isn’t any. Discussion of real estate might qualify, but not equipment. The bottom line? Be careful not to use your new city attorney as a “crutch” to conduct otherwise improper executive sessions. Illegal executive sessions might result in jail time (for you, not the city attorney).”

Does this happen in El Paso?

Let’s take the case of the weekly updates on San Jacinto Plaza.  Council should discuss the situation in public.  What progress has been made?  What is left to do?  If it appears that legal action will be necessary they should adjourn into executive session but the citizens should hear the details of what the situation is.

Secrecy is the reason they take the whole matter into executive session.

We deserve better

Brutus


EPISD Conservator?

May 15, 2015

We received a note through Xavier Miranda.  It addresses the possibility that a conservator will be named for the El Paso Independent School District board.

The Times wrote an editorial the other day that opposed the naming of a conservator.  From the editorial:

TEA says that the appointment of a conservator — who has veto power over school board actions — was suspended, not ended, when the Board of Managers took office, So Williams could reactivate a conservator when the Board of Trustees takes office next week, even though the EPISD currently does not meet any of the legal requirements for such a sanction. The El Paso legislative delegation in February wrote Williams a letter asking that the new trustees be allowed to “fulfill their duties without constraint.”

The note from Xavier Miranda:

EPISD Conservator?

Dear Xavier,

On Monday, we will see seven very capable and talented people certified and sworn in as EPISD Trustees. Each brings unique skills and talents to what has the promise of being a great team.

However, in all probability, based on reports from multiple sources, Commissioner Williams will appoint Mr. Margo as the Conservator of the EPISD. This would give Mr. Margo or whoever absolute veto power over our elected representatives to further his agenda.

In other words, we will have one-man rule in EPISD. That, by any other name is a dictatorship. This move by Commissioner Williams will nullify two elections for all practical purposes.

This is the respect the Commissioner has for the voters of El Paso.

A Monitor that approaches the job from the perspective of a coach and mentor as the Trustees learn the mechanics of functioning as a Board might be good and warranted. However, Conservator, be it Mr. Margo, or who ever, with unlimited veto power is not what EPISD needs.

We’ve already had one Emperor, and that did not work out well. We don’t need another.

And, no, your Federation is not taking this affront to Democracy, lying down. So, join me Monday at 4:00 for a Certification of a democratic election and swearing in of our elected representatives. And, there is a real good chance we will get to see a coronation by the Commissioner as well.

I hope these reports are wrong and elected representation prevails, but… We’ve had an interesting ride here in EPISD.

In Solidarity,
Ross