9.28.2004

 

Much to my dismay, Lisa Elizondo was not present at Council today.  That was totally un-excellent.  But maybe poor Lisa needed a mental health day; after all, avoiding legal questions all day long can be pretty stressful.   Nevertheless, somehow, Council carried on without their legal eagle.

 

Welcome to Shakedown Street!

Before the meeting got in full swing, Wardy wanted to take the following item first:

 

10. Appointment of Joyce A. Wilson as City Manager, effective September 28, 2004. (Attachment)  [Mayor Joe Wardy, (915) 541-4145]

 

Before Council voted, local comedian Robert Cushing asked, “Didn’t we delete this?”  After everyone forgot to laugh, Council unanimously and enthusiastically approved her appointment.

 

Wardy said, “Joyce, welcome to El Paso, and we look forward to what I call the ‘shakedown’ period.” 

 

Wow.  “Shakedown period?” 

 

I’ve double checked and my notes were correct.  Wardy actually referred to the “shakedown” period.”  Hellooo?  District Attorney’s White Collar Crime Unit?  FBI?  Anyone out there?  Did the mayor just admit in an open meeting to participating in shakedowns?  Actually, it would make sense because, with all due respect to the Grateful Dead, there’s plenty shakin’ on our shakedown street, eh, Joe?

 

On the other hand, our linguistically challenged mayor may have meant to say “shakeout,” which refers to the period in which firms in an industry fail or consolidate as the industry matures.  I don’t know how exactly this relates to Wilson’s coming on board—maybe Wardy was intimating that heads are going to roll.  It’s hard to tell with our sometimes inscrutable mayor.

 

Anyway, Wardy continued and said, “I look forward to a long and great relationship with this mayor and Council.”

 

“I’m looking forward to it as well, thank you very much, it’s good to be here,” Wilson responded.

 

Wet ‘n’ Wild

Back again for more discussion was the issue of Cushing’s “water conveyance channels” committee and Ric Schecter’s insistence that the public be a part of it:

 

3.  Discussion and Action on revising the August 31, 2004, Resolution establishing a six person ad hoc committee on (what is commonly referred to as) Arroyo Preservation.  (Suggested changes for discussion and action are attached.)  (Attachment) [Richard Schecter]

 

26D. Discussion and action on a resolution replacing the resolution approved by City Council on August 31, 2004, which created an ad hoc committee charged with investigating, defining, and assessing impact of geologically occurring contours on and around the Franklin Mountains that could serve as water conveyance and/or runoff channels and recommending an appropriate ordinance regarding same.  Such replacement resolution shall add two members from Recognized Neighborhood Associations, amend quorum requirements from three to four, clarify and confirm that the committee is charged with reviewing ordinances and statutes applicable to other southwestern cities, and reset the time allowed for completion of the assigned task to 90 days from the date of enactment. (Attachment) [Planning, Research and Development, Fred Lopez, (915) 541-4925]

 

If you recall last week’s discussion, Ric Schecter, a local activist, pushed for a more inclusive “water conveyance” (in fronterizo-speak, “arroyo”) committee but Cobos et al. successfully delayed any ruling on it and were able to postpone it for a week.

 

Well, it was back this week and before there was any discussion on either item, Cushing announced that he wanted to take 26D with 3.  Schecter said he wanted a ruling from the parliamentarian because he didn’t believe 26D was properly posted in order to reconsider rescinding the resolution (the one that allowed for the “water conveyance” committee to be stacked with developers).

 

Wardy told Schecter that “We don’t have a parliamentarian; I’m the presiding officer…and it’s properly posted.”

 

Representative Cook corrected Wardy and said, “Actually, the parliamentarian is the City Attorney’s Office.”

 

A perplexed Wardy, who didn’t seem to understand either Schecter or Cook’s point said, “Okay, but I’m the presiding officer.”

 

We got that, Joe.

 

Schecter began by explaining what the purpose of the committee was, which was to technically define what arroyos really are (because, I guess, fools like you and I can’t seem to distinguish between an arroyo and the Rio Grande.  Thank goodness for Robert Cushing!).  Just moments into his presentation, Wardy interrupted him and said, “You know, we were here ‘till four o’clock last week…let’s not do the work of committee here at City Council…I’m not qualified to discuss what those things [water conveyance channels/arroyos] are.”  What are you qualified, to do, Joe?  Cut ribbons and hand out Amigo Man pencils at conventions?

 

Schecter replied, saying, “With all due respect, part of the issue here is the charge of the committee and what they are to do…there are no definitions about what the committee is supposed to do.”

 

Wardy relented and said, “Well, let’s keep it brief.”

 

I’m Gonna Wash Those Neighbors Right Outta My Hair!

Cushing, who was using his pinky to point at Schecter, asked if Schecter liked the new proposal which adds two neighborhood individuals to the committee.

 

Before Schecter responded, Cobos, who was abrasive and rude to Schecter last week, couldn’t have been nicer this time around. “Thanks for being here with us this morning,” he kindly said and also asked him if he supports adding two neighbors to the committee.

 

Schecter said he supports adding the neighborhood folks to it, but said the new resolution doesn’t make sense.  The two neighborhood representatives have to be specialists:  One is required to be a biologist/ecologist and the other a hydrologist and both are to be chosen by the mayor.  His concern was that these technical people also have to be members of the neighborhood associations, and although they might be, there needs to be a neighborhood activist as well.

 

Cushing, whose deepest darkest fantasies include coming back in another life as a high-fallutin’, gum chewin’, spittin’-into-Sprite cans legal eagle, reprimanded Schecter and said,

 

As I’ve noticed in you, Mr. Schecter, you do have a definite penchant for, you know, moving forward with an argument which really has no basis in fact, reason or law, and as you’ve come here, your position has evolved.  Okay?  And it’s continuing to evolve and really, we can’t really get a grasp for what your position really is because in the several times you’ve been here, it continues to change.  And what we have before us right now is a very strong technical committee.  I know myself that they met yesterday.  I met with several of the members of it.  They are making tremendous progress as of one meeting, and so, you know, as I told you last week when you were here as far as the issue of no public participation, whatever they come forward with will go through the entire public process at the Planning Commission and also here at City Council.

 

Right.  And Cushing’s arguments always have a basis in “fact, reason or law” (imagined or not).

 

Before Schecter could respond, Cobos thanked him again (very nicely indeed) and said he believed that there are technical people in the neighborhood associations, but he should also remember that the meetings are open to the public.  He said, “I wanna point out that this Council is extremely progressive in developing this natural occurrence ordinance…wash ordinance or whatever we wanna call it.”

 

And you know, folks, that made me wonder.  What else should be included in the “water conveyance” research?  Well…my shower head conveys water…my watering hose conveys water…heck, I’ve even joined the 21st century and bought a fridge that now conveys water.  I think you’re old buddy Sid needs to be on that committee because there’s so much water being conveyed all around us that I’m afraid this new-fangled committee might miss a few things!

 

City Council:  Where “Progressive” Means “Progressively Bad”

Austin said she thought it would be a good idea to have technical neighborhood association folks on the committee.  She suggested some language changes (adding the word “preferably” before the biologist/hydrologist), but our in-house lawyer/linguist/literary-theorist-in-his-own-mind, Bob Cushing, didn’t want to accept the word “preferably.” 

 

John Cook was the only representative who voiced concerns about limiting the neighborhood participation to experts.

 

In the end, Austin’s amendment to add the word “preferably” failed 5-2 with only Austin and Rojas supporting it. 

 

Schecter then suggested that there be two committees: a technical committee to define arroyors and a second, follow-up committee to decide how the arroyors would/would not be developed.  Seems like an excellent suggestion (I want to be on the “technical” committee…gotta make sure my water conveyance concerns are conveyed!)

 

Wardy said that would be moving too fast!  He said he didn’t want to create a “legal nightmare” and would prefer taking “baby steps.”  (Progressive, indeed, Mr. Cobos!  Progressing towards what, is the question.)

 

Cushing made a motion to approve the ordinance as is and expressed complete confidence in “our neighborhood mayor” to “do the right thing.”

 

Matt Watson told Council that the committee had been given ordinance-making authority so the committee, which is stacked with builders, can create an ordinance (for Council approval) that would allow for development in arroyos.

 

John Cook said he didn’t think that the builders were interested in building inside of arroyos and believed that they were more interested in using arroyos as natural drainage areas for nearby developments. 

 

Stuart Mitchell from the Arroyo Mountain Neighborhood Association spoke to Council (mental note:  send Mitchell memo about organizational name change to “Water Conveyance Natural Large Protruding Rock and Other Materials Structure Neighborhood Association”).  Mitchell said that, contrary to Representative Cook’s belief, builders and developers do indeed want to build in arroyos and cited the Resler Arroyo debate.

 

Charlie Wakeem, President of the Coronado Neighborhood Association, said if this committee was created to study the technical aspects of arroyos, then it should be made up of technical experts; just as builders are not experts in arroyos, neither are the neighborhood folks.  He recommended the committee simply be made up of experts and that Council should follow Schecter’s recommendations to create a second committee that deals with use of arroyos.

 

Michael Bray from the Association of Realtors suggested that a real estate representative be placed on the committee as well because they don’t have “a horse in the race” but he thought they could offer balance.

 

Schecter said there was confusion about whether this committee would be charged with drafting an ordinance or not; the original resolution did not include that charge; the revised resolution (today’s) did, and he again asked for two separate committees:  one for technical folks and one for interested parties (neighbors and developers).  Clearly he was concerned about the fact that this developer-stacked committee was suddenly given the power to create an ordinance (that’s serious business, folks).

 

Despite Cushing’s claim to the contrary, Schecter’s argument was indeed based on fact, reason AND law:  the developers had most definitely been given ordinance-creating power, according to Matt Watson the Assistant City Attorney.  The always etiquette-challenged Cushing, who was smacking his gum while speaking, still disagreed with Schecter. 

 

Cobos made a motion to amend the resolution to modify the makeup of the board to make it two builders and one real estate agent instead of three builders.

 

Deputy City Attorney Terry Cullen-Garney, who was sitting in for Lisa Elizondo, wanted to know who would choose the members; Cobos said the mayor would, but the recommendation would come from the association of realtors.

 

The motion to accept the amendment passed unanimously.

 

Although Austin approved the amendment, she did not support the resolution.  Okay neighbors, you’d better go get your technical degrees before this committee makes any of its recommendations!

 

Passed on Consent…

 

7M.  That the City Council approve a Letter of Engagement between the City of El Paso and Norman J. Gordon, Attorney at Law, Mounce, Green, Myers, Safi & Galatzan, A Professional Corporation, to consult with the City on all aspects relating to the matter of the PETITION OF EL PASO ELECTRIC COMPANY TO RECONCILE FUEL COSTS, PUBLIC UTILITY COMMISSION DOCKET NO. 30143, SOAH DOCKET NO. 473-05-0013. (Attachment) [Financial and Administrative Services, William Chapman, (915) 541-4011]

 

A Replacement for Alejandrina

Item 9 passed on the consent agenda without discussion, but item 11 was taken off consent and placed on the regular agenda:

 

9. Request for provisional appointment(s) in accordance with Article VI, Section 6.6-2, of the Civil Service Charter Provisions:  Arts & Culture Director (1) (Attachment) [Quality of Life Services, Deborah G. Hamlyn,  (915)  541-4643]

 

11. Appointment of Betty Jaraba as Interim Arts & Culture Director (provisional), effective October 4, 2004. (Attachment) [Quality of Life Services, Deborah G. Hamlyn, (915) 541-4643]

 

Betty Jaraba, who will (on an interim basis) be replacing Alejandrina Drew as the Arts & Culture Director, was asked to approach the podium so that Council could vote separately on her item.  The appointment was approved unanimously, and when she approached Council (to receive her 8 handshakes) Lozano yelped out, “I love your name!” 

 

I thought his statement and his accompanying chuckling was pretty sophomoric until I saw that he and Cushing began whispering back and forth to one another and giggling like schoolgirls.  The sophomoric had deteriorated into the absurd.

 

I had to think for a minute about why Lozano would say that to Betty Jaraba.  Then I remembered a meeting not too long ago when Lozano claimed he knew Betty Flores “very personally.”  At that point, I stopped myself from drawing any conclusions that could make me lose my breakfast.

 

Household Hazardous Waste and Other Comedic Problems                             

For the sixth time, Council has rejected the bids for the Household Hazard Waste Collection:

 

18.  BEST VALUE PROCUREMENT:

This contract shall be awarded to the bidder who provides the best value to the City.  The City may consider price and other relevant criteria listed in the request for bids.

Solicitation   No.:    2004-247   Household Hazardous Waste Disposal Services (ReBid)

Award to:                                     Rinchem Company, Inc. Chaparral, NM

Item (s):                                       All (option included)

Amount:                                       $200,000.00 (estimate yearly)

Department:                                 Solid Waste Management

Funds available:                 34010296-40403-502204

Funding source:                     Outside Contracts

Total award:                                  $400,000.00 (estimated)

District (s):                                 All

 

Solid Waste Management and Purchasing recommend awards as indicated as this vendor has provided the Best Value Bid Procurement meeting specifications.

    

This is a twenty-four (24) month contract with the option to extend the term of this contract for two (2) additional years.  (Attachment) [Purchasing Department, Ray Heredia, (915) 541-4316]

 

Cook moved to reject all bids because of what he called “holes” in the proposal (could those be the same holes that Lozano expressed such dislike for last week?).

 

Austin asked that the problems that seem to plague this bid be clarified before the meetings so that all Council members could understand what the issues are.

 

Lawyer/Laughmeister-in-his-own-mind Robert Cushing yelled out, “Get it right the next time!”  I believe he was trying to joke with the Director of Solid Waste Management, Ellen Smyth.

 

“I’d be happy to fix it this time,” she shyly replied.

 

Pleased with his comic prowess, Cushing chuckled and said, “Well you didn’t break it so you can’t fix it!”  Speaking of breaks, we’ve gotta get this guy a gig on Leno or Letterman.  That really could be his big break.  Bob, you’re deep comedic talent is going to take you far, and I hope it’s soon.  Break a leg!

 

Austin cautioned against the constant rejecting of bids because everybody’s prices get exposed.

 

The bids were rejected unanimously anyway.

 

More Jumbo Jacks for Jabba

Because Jimbo/Jabba just can’t go a week without getting paid by you, the local taxpayer, Wardy & Co is doing their level best to find ways to fleece you to benefit Jabba: 

 

7R.  That the Mayor be authorized to sign a Contract between the CITY OF EL PASO and JIM MARTINEZ, for consulting services during the transition period for the new City Manager, at a weekly rate of $2,956.73.  The term of the contract shall be from the period of September 28, 2004 through October 5, 2004 with the City's option to extend for one-week if needed.  (Attachment) [Mayor's Office, Adrian Ocegueda, (915) 541-4145]

 

Since John Cook was the representative who asked that this item be taken off the consent agenda for separate discussion, he explained that “We selected Ms. Wilson because of the qualifications she showed…and I would point out that when it came to training Mr. Martinez, I believe Ms. Adauto played a role in that; I don’t believe Ms. Wilson needs to be trained, and I’m going to object to that.”

 

Rojas, who would clearly support Cook’s opposition, asked “Is that a motion?”  An angry Wardy said, “You’re not recognized Ms. Rojas; I’m gonna speak.”  Don’t’ forget, Viv, he’s the presiding ringmaster, er, officer.

 

Wardy said, “The only point I’m gonna bring up here Mr. Cook, you come from the private sector [as did you, Mr. Mayor]…you don’t understand the complexity of the CAO’s duties or the mayor’s duties, so if he doesn’t get to do it, then I get to do it…I’m fully ready to step forward, but we owe it to Ms. Wilson to have an orderly transition for a week or two…it’s rather parochial.” 

 

Let me attempt, once again with apologies to Bob Cushing, to translate this example of Wardyspeak.  Joe, assuming you actually know what the word “parochial” means, I take it you were conceding that having Jabba train the highly experienced and confident Ms. Wilson exhibits a certain degree of “provincialism” or “narrowness.”  I think I can see that.  And I also see that you don’t want to burden yourself with helping Joyce Wilson run the City for a week.  Of course.  That would take you away from all those ribbon cuttings.  Your dedication to the city takes my breath away, Mr. Mayor.

 

Cook responded and said that he indeed understands the “complexities” of the City (he should’ve reminded Wardy that he has far more experience being an elected official than Wardy does), but the point is that Wilson is qualified to do it, and added that there’s plenty of support staff to assist her.

 

Lozano agreed with Cook and said, “With the kind of money we’re paying him, if I was in his shoes, I’d be more than happy to donate my time to train Ms. Wilson.”

 

Rojas said she also agreed with Cook and said “the department heads still on board can advise and update Ms. Wilson…I don’t see that there’s a need.”

 

I expect very little from the majority of Council members, so I don’t know why I continue to hope Susan Austin will actually do the right thing every now and again.  I was disappointed again with this item.  Austin, of course, disagreed with Cook, Rojas and Lozano.  She called their concerns “nitpicking” and “reactionary.”  She also pointed out that Council approved a month-long transition in the budget, and said it’s about “transition” not “training.”

 

Cushing wanted to know from Wilson if she felt she needed the transition time with Jabba and Wilson said she could use it, but would do without it if Council so wished.  She added that Jabba needed some time to “finish up things he’s working on.”  Wilson said that she had yet to meet with Jabba and needed to do so.

 

Jim Martinez’s bad day (almost)

During this entire discussion Martinez looked none too happy.  He sat trying to look busy, staring at his computer with a grimace on his face.

 

At that moment, Martinez reminded me of Corky St. Claire, the flamboyant star and  producer/director/choreographer in the brilliant film “Waiting for Guffman.”  Corky went before the Blaine City Council, asking for many thousands of dollars for his play, “Red, White and Blaine.”  (His request exceeded the town’s entire budget.)  When the Council members laughed at his request and called it unrealistic, he emotionally said to them,

 

So what I'm understanding here, correct me if I'm wrong, is that you're not giving me any money so now I'm left basically with nothing. I'm left with zero. What can I do with zero, y'know, what can...I-I can't do anything with it. This is my life here, we're talking about we're not talking about something else, we're talking about my life, y'know and it's forcing me to do something I don't want to do. To leave to go out and just leave and go home and say make a clean cut here and say 'no way, corky.  You're not putting up with these people and I'll tell why I can't put up with you people because you're bastard-people! That's what you are! You're just bastard people and I'm goin' home and I'm gonna I'm gonna bite my pillow. It's what I'm gonna do.

 

 I could’ve sworn I heard Jabba mumble “bastard people!” under his breath.

 

Jabba’s Top Ten List

Or maybe Jabba was just focusing on his list…his top ten list of things to do in his last two weeks on the tenth floor.  As I sat waiting for the Council to move onto the next issue, I decided to create my own “Jabba’s Top Ten List of Things To Do Before I’m Relegated to Helping City Departments.”

 

  1. Spend thousands of taxpayer dollars redecorating new office.
  1. Create confidentially agreement with myself; I can’t discuss, comment or use disparaging remarks about my new appointment.  Pay myself thousands and thousands of taxpayer dollars to sign my agreement with myself.
  1. Post item on next week’s agenda asking for weekly pay increases for me and Lisa Elizondo.
  1. Host a farewell party for myself and make attendance by all City employees mandatory (gift required, none under $100 value given credit for).
  1. Send one, last snippy email to John Cook and proclaim “I won! Nannynannybooboo!”
  1. Set up meeting with Carl Green and look for ways to add late and over-limit fees to City invoices.
  1. Get cape and scythe out of dry cleaning, dress up as my baddest grim reaper self and walk all ten floors of City Hall, yelling “boo!”
  1. Figure out ways to work my chins into appearances at City Council.
  1. Put on a really bad hair piece, sit in the Mayor’s Conference Room, randomly calling in City employees and after a tense discussion about their work, shout, “You’re Fired!”

And the number one item on Jabba’s To Do List…Drumroll please . . . .

  1. Go up to John Cook and in a dramatic moment, proclaim in the deepest, most dramatic voice I can muster state, “John, I’m you’re father!”

 

The Devil’s Advocate, Part II

Cobos quickly came to Jabba’s defense and, incredibly, claimed that “Mr. Martinez has a great deal of institutional knowledge.”  Ha!  That statement nearly broke the “Irony Alert!” meter I carry with me to meetings.  First of all, since when does this mayor and Council respect institutional knowledge?  (If one thing characterizes the Wardy administration—besides rampant cronyism—it’s their all-out assault on institutional knowledge—to better enable them to commit acts of . . . cronyism.)  Secondly, Jabba hardly has any “institutional knowledge” to speak of.  He came to the City last year with absolutely no municipal experience!

 

Cobos, whose pronouncements generally relate to the truth as well as oil does with water, also claimed that Pat Adauto did not train Jabba.  Au contraire, mon frere!  In fact, it’s common knowledge among City staff members that Martinez depended heavily on Adauto’s work ethic, institutional knowledge and leadership (because he had none, none and none).  Cobos was either being dishonest or is clueless.  I wish someone had asked him who he thought was in charge while Jabba was moonlighting for Carl Green.  The City sure didn’t run itself.  The person who took over was Adauto. 

 

Lozano reminded Council that there are four Deputy City Managers who would still be at City Hall and asked Martinez to instead donate his time.  (With the money he’s making, he could afford it.)  Wardy complained and said he didn’t think that request was appropriate.  

 

Mayor Joe “Let Them Eat Pink Slips!” Wardy even warned everyone that Jabba would be unemployed for two weeks if Council refused to approve the consulting contract with him!  Horror of horrors!  What would Jabba be forced to do?  Skip the hors d’oeuvres at Café Central?  The mind shudders at the thought.  If only our mayor worried this much about all other 6,200 employees.

 

You know, folks, after each Council meeting I walk away believing, “This is it”…this Mayor and Council’s hypocrisy and commitment to cronyism has reached its tipping point.  But week after week I’m proven wrong. 

 

I hoped someone would ask Wardy if Charlie McNabb, the previous CAO with 25 years of municipal experience, had been offered the same kind of consulting contract for three grand a week to train or “transition” Jabba? 

 

Had former City Attorney Rita Rodriguez, another city veteran with two decades of municipal experience, been paid the big buckaroos to train Lisa Elizondo?  (Okay, okay, I know that last one is a pretty absurd question…clearly, Elizondo had zero training…she maybe even had UN-training.) 

 

Will Laura Gordon be brought back and paid thousands of dollars to “transition” Jimbo from Darth to Jabba?

 

The answer, of course, is no. 

 

In fact, this simply doesn’t happen.  Exiting employees are not paid extra money to help train their successors.  Not in the private sector, Mr. Mayor, and certainly not in the public sector.  Or do you think I’m being too “parochial,” Mr. Joe?

 

The only person who has the privilege of being paid to “transition” anyone is Jabba, because for him, all rules are broken.

 

Because Joyce Wilson, the new City Manager, said she needed Jabba during the transition, Lisa Turner said she supported the hire (I almost cried, dear reader, when she told Council to “go at it!”). 

 

The question that remains in my mind is, if Wilson actually came on board last week (this is according to an article in the El Paso Times http://www.borderlandnews.com/stories/borderland/20040928-173944.shtml), and if Jabba has known since February that his time as Darth would come to an end in the fall, why didn’t he prepare sooner to wrap up his CAO work?  (Heck, he could’ve made those caped rounds on all ten floors last week.)  And why didn’t Wilson make time to be briefed and “transitioned” by him all weekend and all day Monday? 

 

I’ll tell you why.  Because Wardy & Co. didn’t want Jabba to suffer a loss of $6,000 over two weeks.  When it comes to 10th floor staff, the sky’s the limit.  Anyone below the 10th floor, of course, is subject to “belt tightening” and “fat trimming” and is threatened with pink slips.

 

But enough of my parochial concerns. 

 

Jabba’s Legacy

Folks, for months, Representative John Cook asked hotshot interim CAO Jim Martinez to get the following item on the agenda:

 

27A. Discussion and action on a Resolution that City Council hereby requires that all budget transfers requiring Council approval that are over $500,000.00 and all contracts, bids, request for proposals or request for qualifications awards that are over $500,000.00, be placed on the regular agenda of the City Council Meeting Agenda.  (Attachment) [Purchasing, Byron E. Johnson, (915) 541-4313]

 

It’s finally done now that Jimbo has left the 10th floor of Wardyland.  The motion passed unanimously.

 

From Sid’s Mailbag

Because this week’s meeting was so short, I decided to add a “From Sid’s Mailbag” section this week.  I received dozens of emails from my readers and some folks even sent me copies of their correspondence with Mayor and Council.

 

Let’s have a look-see, shall we?

 

Here’s one that a local family sent to the mayor and, I might add, his response to their concerns borders on libel:

 

-----Original Message-----
Sent: Saturday, September 18, 2004 2:59 PM
To: mayor@elpasotexas.gov
Subject: Explanation needed

 

Mr. Joe Wardy, Mayor

City of El Paso

 

Mr. Wardy:

 

We need an explanation as to why the position of Trial Supervisor needs to be created and filled. We are disturbed that our tax dollars are being paid to individuals that do not deserve these highly inflated salaries. Why isn't the City Attorney able to handle these duties? We think an explanation is in order to the citizens of the city who foot the bill with their tax dollars.

 

We would appreciate you addressing our concern about this position. Thank you.

 

-----Reply-----
In the last year the city has an abysmal record on litigation where we have had to pay out your tax dollars. The attorneys that were responsible for our poor efforts are no longer employed by the city. Lisa Elizondo, the city attorney has streamlined this part of the office by suggesting that we hire one high powered attorney instead of two or three mediocre attorneys. So instead of spending $372,000 per year we spend $165,000. This action will save money and not cost us more than we were spending before.I assure you that there are people on the 10th floor of city hall that want to protect the status quo of poor performance. I am trying to assure that our citizens get their money's worth.

Thank you for your e-mail.

 

Joe Wardy

 

This is one to Alexandro Lozano with his reponse:

 

-----Original Message-----
Sent: Sunday, September 12, 2004 10:11 AM
To: district#3@elpasotexas.gov
Subject: Representative Lozano/Concern over employment hiring

 

The Honorable Jose Alexandro Lozano

District #3, City Representative

City Hall Office, 2 Civic Center Plaza, 10th Floor

El Paso, TX  79901

 

Dear Representative Lozano:

 

The purpose of my e-mail is to address a concern which recently came to my attention. I just learned of a position being created within the City Attorney's Office which was posted on the city's job website. This position is titled: "Supervising Trial Attorney" with résumés sent to the city attorney's office. I urge you to insist the city attorney's office allow all qualified, competant individuals to apply for this job and further urge you to oppose any sort of favoritism which may intercede to allow this job to be handed to any specific individual. I am displeased at the rampant favoritism displayed by the current Mayor's administration and I do not want to see any city job created just so an ally of the Mayor can have a comfortable job paid for with taxpayer money. Please fight the good fight and if the city must hire a Supervising Trial Attorney, please insist the position is open to everyone and not just to one individual. Thank you for your attention to my concern, I appreciate your efforts. Have a terrific week.

 

-----Reply----- 

I will do that!

 

Here’s another email to Lozano from a District 3 constituent:

-----Original Message-----
Sent: Saturday, September 18, 2004 12:10 PM
To: District#3@elpasotexas.gov
Cc: District#1@elpasotexas.gov; District#2@elpasotexas.gov; District#4@elpasotexas.gov; District#6@elpasotexas.gov; District#7@elpasotexas.gov; District#8@elpasotexas.gov; mayor@elpasotexas.gov
Subject: Great Concern

 

Mr. Jose A. Lozano,

 

It is very disappointing to us to read in Saturday's El Paso Times Borderland that you will support the appointment of Jim Martinez at a highly inflated salary.

 

I recall a telephone conversation I had with you prior to you being elected and you told me that you thought there were too many lawyers working at City Hall. Why then are you in favor of adding this position? The amount of money being paid for this position is plain RIDICULOUS. My neighbors share my views because it is our tax dollars that are being paid out to these individuals. Creating this position is also RIDICULOUS. If a position has to be created, it should be properly advertised and the rules of the city followed. All qualified persons should be able to apply and be considered for the position. The advertising of the position should not be just a formality when an individual has already been chosen to fill the created position. In this case, Ms.Elizondo had the person (Jim Martinez) picked for the position. So it makes me wonder how much consideration was given to the qualifications of the other applicants. All of these backdoor deals are very unsettling for the taxpayer when positions and deals are being made and paid out with our tax dollars.

 

I urge you to consider your constituents...we, the taxpayers, and vote NO to this appointment.

 

Reminder: You, Mr. Lozano, represent the citizens of District 3. Please listen to us. DO NOT approve this high salaried position. If Mr. Martinez can command this high salary on the outside, then he should consider an outside of City Hall position. Not one with our tax dollars.

 

Apparently, either the Mayor or one of the City Representatives forwarded the email to Jim Martinez because he replied to this constituent:

 

-----Reply-----
since i began working for the city, the number of lawyers in the city attorney's office has declined from 22 to 17.  the city's litigation was previously handled by three attorneys with a combined salary over $285,000.  the consolidation of these positions into a single trial lawyer position actually saves over $100,000.  the city attorney informs me the increased salary was intended to lure the applications of high-level trial lawyers capable of handling the litigation that previously required three people to handle.  the truth is that sophisticated, experienced trial lawyers cost more than $165,000 in the private sector.  if we don't want to hire people like this and go back to the prior arrangement, we'll need to hire three lawyers, not just one, and we'll spend an additional $100,000 of tax dollars in the process. 

 

my personal involvement aside, i genuinely think it's good management.  i'm extremely stingy with my tax dollars, but i simply can't ignore a savings of over $100,000.  if the city council disapproves my appointment for some reason, i plan to help the city attorney recruit another high-level, experienced trial lawyer from the private sector to fill the position at the same salary. 

 

respectfully,

 

jim martinez

8704 whitus

 

Martinez didn’t just send this canned response to this particular constituent; he sent it to more than one irate El Pasoan.  One of my readers didn’t take kindly to his canned response and here’s their back-and-forth discussion:   

 

-----Original Message-----
Sent: Monday, September 20, 2004 11:00 AM
To: Martinez, Jim A.
Subject: RE: Hiring of Jim Martinez on Tuesday

Mr. Martinez,

 

Nearly ever public servant at the state, county and city level can earn more money outside of public service and in the private sector.  Since when did we say that it's okay to pay ONE public servant what he would earn in the private sector and ignore the thousands of others who have chosen public sector work?

 

In my view, I'd rather have THREE experienced attorneys than ONE highly paid attorney.  Three people can handle a higher caseload than one person.

 

And to be completely frank, most citizens (I'm speaking for me, my family and my circle of influence) do not trust you.  You lied to the council about how long you'd represent Jobe, you never informed the public or the council about the hush money, and God only knows what else you're up to. 

 

Thanks for your response.

 


"Martinez, Jim A." <MartinezJA@elpasotexas.gov> wrote:

re the second paragraph, we simply disagree.  i'd rather have one superstar lawyer than three mediocre ones.  whether i meet the criteria for the former is for others to judge.

 

re jobe, i stopped representing it when i began to work for the city.  anything you hear to the contrary is false.  in fact, with a single exception, i stopped all legal representation of all my clients when i joined the city.  the exception is el paso energy company (it's an affiliate of epng).  i tried a case for it in houston in november of 2003, and i took a two-week unpaid leave of absence from the city to do so.  i informed council about all of this.

 

we most definitely informed council when we settled the claims asserted by two former employees.  we sent written memos to each city representative.  that's precisely how they learned of the settlement.  the settlements were so small ($4,000-5,000 each) that they fell within the amount of standing settlement authority that council has delegated to the city attorney's office.  that is, the settlement amounts were below the amount that the council has said the city attorney's office should handle on its own. 

 

hope this helps.

 

-----Reply-----
Mr. Martinez,

 

So I take it that because you are so vehemently defending this new position and the outrageous salary you have been given by the mayor and the city attorney you believe you are the "superstar" who deserves it. 

 

Why on earth would Ms. Elizondo publish the listing for the job in the newspaper?  Aren't attorney listings done in professional journals or something like that? 

 

And regarding Jobe, a local online newspaper published a link to the county website this year and you were still listed as the attorney of record and you were using City Hall as your business address.  Why on earth would your name still be on that and other cases if you were no longer a part of them?  Shortly after the newspapertree published the link to the county site, the name was conveniently changed.

 

I wonder why none of the City Representatives --including your big supporters, Cobos and Escobar--didn't know about the settlements when the newspaper contacted them.  Guess every single rep missed your "memo."

 

Hope this helps. 

 

Well, that’s it for this week, dear reader.  Until next week.