6.21.2005

 

This week, the wicked witch of the west is overthrown, Melina Castro does her best Scarecrow imitation, and I give readers a little something to Muench on.  It was a long meeting, folks, so these are long notes.  Hang on!

 

Open Mic

For the first time, the new Mayor and Council tried their half hour open mic:

 

CALL TO THE PUBLIC-PUBLIC COMMENT

 

Seven members of the public signed up to speak on various topics, including Ray Gilbert (on negotiations with Texas Gas), Thurmond Reynolds (on confiscated video game machines), Walt Phillips (who spoke on respect for City government and making City Hall user friendly and giving city employees a raise), Jim Kelley (on ASARCO), Esther Perez (on ordinances for neighborhood associations), Roberto Lerma (on a vision master plan), and Lisa Turner (on flags).

 

If you, too, would like to attend the public comment period, be sure to sign up here:  http://www.elpasotexas.gov/city_clerk/contact_public.asp.

 

I liked this new public comment period.  However, I was confused.  Mayor Cook allowed folks to sign up and speak on other items (even items that were not calling for a public hearing).  So either I misunderstood the whole point of streamlining this call to the public (I was under the impression that this would be where they would comment on items on the agenda instead of at the time the item was being discussed), or Mayor Cook generously decided to suspend those rules for this meeting.

 

If you’d like to sign up to talk on items on the regular agenda, sign up here:  http://www.elpasotexas.gov/city_clerk/signinregular.asp. Sign up forms to ask questions for items on the consent agenda:  http://www.elpasotexas.gov/city_clerk/signinconsent.asp.

 

As a result of the public being allowed to speak on regular agenda items and the number of significantly important items on this agenda, the meeting was a nearly a whopping six hours long.

 

Consenting to Being Heard

During the revisions to the consent agenda, Beto O’Rourke asked that the items relating to the firing/hiring in the City Attorney’s Office be moved to the forefront and that once the City Council began the regular agenda, that they immediately go into executive session to discuss this issue.

 

Once the deletions, revisions, etc. were done and in keeping with the new rules, Municipal Clerk Richarda Momsen said there were some items from the consent agenda that the public had questions on, and the first person on the list was Lisa Turner.  As Momsen read the item into the record, Lisa Elizondo stood at the podium.  She apparently wasn’t paying attention to Ms. Momsen and was frozen at the podium, prepared to speak. 

 

When Momsen called Turner to the podium and turned around to acknowledge Turner, she looked a bit surprised to see Elizondo standing there.  “Ms. Turner?” she asked, and Elizondo stepped aside.

 

Once Turner had made her comments on the first consent agenda item, Elizondo stepped back up to the podium.  Then Momsen read the next item into the record and announced that Turner again had the floor.  Elizondo stepped back again and hovered near the podium.

 

The next person who had questions on consent agenda items was Ric Schecter, and Elizondo stood behind him, looking around the room casually, holding her notepad and waiting.

 

At one point, Richarda Momsen walked up to Elizondo, said something to her and Elizondo nodded.

 

Mayor May I?

Once all the questions on the consent agenda were complete, Momsen said, “Mayor, that concludes the questions from the members of the public.”

 

Elizondo stepped back up to the podium and said she needed to make a statement before the consent agenda was approved, “Mayor, may I?”

 

Mayor Cook informed her that her item was on the regular agenda, and her item would be discussed after the consent agenda was approved; she could speak then.

 

Elizondo ignored Cook and began addressing the body and stating her name for the record, “Mayor, Council, City Manager, Lisa Elizondo, City Attorney.” 

 

“Maybe you didn’t understand me,” said Mayor Cook, politely reminding her that the item would come up next.

 

Elizondo dismissively said she wasn’t going to speak on the item, she said what she wanted was a request for a public hearing on her item.

 

City Manager Joyce Wilson said that Council would receive instructions before going into executive session that would explain Elizondo’s statement.

 

The consent agenda was then approved, including the following minutes:

 

1. APPROVAL OF MINUTES: [Municipal Clerk, Richarda Duffy Momsen, (915) 541-4127] Approval of Minutes for Regular City Council Meeting of June 14, 2005  and Minutes for Special City Council of June 13, 2005 (Canvassing the Votes for the 2005 Run-Off Election). (Attachment) Minutes for Special City Council on June 13, 2005

 

Cleaning Up After Wardy

So next came Elizondo’s removal, the first item to be taken up by Council and one that hundreds, if not thousands, of El Pasoans were eager to see passed:

 

2.  MAYOR AND COUNCIL: Discussion and action to remove Lisa Elizondo from the position of City Attorney. [Mayor's Office, Matthew Briones, (915) 541-4656]

 

Deputy City Attorney Terry Cullen Garney, who was sitting in for Elizondo, explained that “in connection with item 2, Ms. Elizondo has notified the City that she would like this item conducted in an open session.  Normally, under the open meetings act, personnel matters can be discussed in executive session; however, she has requested that this item be discussed in a public hearing.”  She further explained that City Council can only seek legal advice from its attorney and deliberations on this matter, at Elizondo’s request, had to happen in open session.

 

Council went into executive session and came back out 25 minutes later, and Mayor Cook gave Elizondo the floor.

 

What happened next was a slap in the face to every individual in this community who has chosen to stay informed and pay attention for the last two years to the goings-on at City Hall.  Elizondo presented a pathetic power point presentation meant to create the illusion that the City Attorney’s office needed a good “manager” (which is what she insisted she was) instead of a good City Attorney.  She also filled the presentation with misrepresentations and outright lies. 

 

I will now share the details of that presentation with you, so prepare to be offended.

 

Elizondo began by explaining what the City Attorney’s office does, and while she did that, she had to read from her notes.  Gee…you’d think she’d know what her office does without reading from notes by now.

 

And then El Paso’s High Priestess of Self Indulgence continued by saying, “I am not here so much to plead for my own personal interest in the decision that you’re about to make [this made me howl with laughter], but rather, bring to the attention to Council and the citizens of El Paso the significant policy considerations involved in this decision.” 

 

Suddenly, I smelled smoke.  I looked around to see where it was coming from and then I noticed it was coming from my Mendacity Alert!™ meter.  My friends, the meter, which had picked up on Lisa Elizondo’s first statement, had exceeded the red zone and burned out.

 

Elizondo, whose power point presentation had the heading “Politics vs. Performance,” opined that the reason the voters supported a change to a City Manager form of government in February was to bring stability to the City departments. 

 

She said that she was aware of a proposed charter amendment that would ask the voters to bring the City Attorney under the City Manager (a move I once supported, but after having received interesting advice from readers of mine who are also lawyers, I have come to oppose that move), and said she is in favor of indeed moving the City Attorney’s office under the City Manager.  Unfortunately for her, she continued, her office still responds to the Mayor’s Office.

 

Poor Lisa.

 

She said Council would have to make a decision today that would either be rooted in politics or performance.

 

Elizondo claimed that Wardy had removed the previous City Attorney, Rita Rodriguez, because of “performance concerns,” and added, “We are now taking this decision to a new level.  We are now asking this Council to remove a City Attorney who by all means has performed well with no criticism of performance.”

 

Huh!?!

 

First of all, I was hurt!  Doesn’t Lisa E. read the Sid Sin Arbol weekly Council notes? 

 

Next, I was shocked!  Doesn’t she watch Council re-runs on Channel 15 every Tuesday evening and cringe at her performance?

 

Then, I was disgusted.  Elizondo’s claim that she has "by all means performed well,” baffled me.  Does she actually think it’s okay for the head of one of the most important and one of the busiest City departments to fire all the veteran staff in the office and replace them with inexperienced, overpaid, just-out-of-law school attorneys?  And does she really think it’s okay to skip meetings in order to make her exercise class (as one of the attorneys informed me)?  And does she really think that “performing well” means overspending her budget by a quarter of a million dollars months before the end of the fiscal year and hoping no one will notice?

 

Wow.  I guess in LisaWorld (that wealthy, tacky suburb of Wardyland, which thankfully, has been recently annexed by Cookville), believing you are a hot shot attorney is the same as being one.  It’s called “Bimbo Lingo.”

 

Elizondo, in a transparent effort to butter up the representatives, then sweetly said she had attended the inaugural ceremonies and she said she was “actually very energetic and pleased” by their speeches.  Wow.  The speeches made her feel “energetic”…or maybe she was just feeling “energetic” because she had skipped work that day for another workout. 

 

She again opined that the voters were sending a message through the election of these new folks that their decisions should be based on the best interests of the City and not “politics as usual.”  She was absolutely right!  Lisa E., you finally got it! 

 

And I gotta tell you, folks, people all over town were talking about this agenda item.  And they all agreed with Lisa E. that Mayor Cook should do what’s “in the best interests of the City.”  For almost everyone plugged in to what’s happening at the City, though, what’s in the best interests of the City is for the mayor to remove the most incompetent, inept and ignorant City Attorney this City has ever seen in that office.  And that instead of retaining an unqualified political hack like Elizondo, the City should instead hire a professional who knows what she or he is doing and who will make decisions based on an extensive knowledge of Texas municipal law.

 

She continued to speak the truth, despite herself, when she read from her notes, “I think it’s important that this position should not be maintained by a political pawn.  I believe that this position should be held by a strong, independent, and impartial legal advisor.”  She’s absolutely right.  However, I could’ve sworn someone had pinned a sign on the back of her jacket that said “POLITICAL PAWN.”  Maybe it was my imagination.  While Elizondo was right on track when she said that we need a strong, independent City Attorney, she went off the deep end when she said that person was her.

 

Lying for the Last Time

Lisa E. then began laying out what she believed were Cook’s “substantive concerns” about her.

 

She then made the same bogus claim to this new Council that she had made to the old Council, which is that she had reduced the number of City Attorneys from 26 to 13.  Absolutely not true.  The City did NOT have 26 attorneys when she walked in the door, and she currently has 16 attorneys on staff.  I think I covered that “substantively” last week and proved Ms. Elizondo is a liar (http://www.thestrelz.com/shm/2005_0614.htm).

 

Elizondo also said that the direction of the office had changed over the last two years, as Wardy had informed her that it would be best for her not to act as the Chief Legal Counsel for the City (no surprise given Elizondo’s lack of relevant legal experience and the fact that Jimbo/Jabba and Luther Jones clearly played that role), but instead to act as a “manager.”  She even criticized the previous City Attorney for focusing too much on “lawyering.”  God forbid we should have a City Attorney who is a good lawyer and who focuses on “lawyering.”  And she’s right.  The worst thing you can have is a Chief Financial Officer who’s too “financial” or a head of Environmental Services who’s too “environmental” or, horror of horrors, a head of Arts and Culture who’s too “artsy.”  Good Lord!

 

She said she was aware of the fact that Mayor Cook was concerned about the number of lawyers who have left the City while she was City Attorney.  She said this exodus of lawyers was not alarming and simply a part of natural attrition.  Again, for a reality check, check out last week’s notes.  Even two of the attorneys she herself hired (Mike Moffeit and Jeff McElroy) ran from City Hall under her “management.”

 

Then she said something that really made my blood boil.  Without offering any proof, she claimed that there is “no significant reduction in overall governmental experience” of the attorneys she hired to replace the veteran lawyers she ran off.

 

At this point, I expected Elizondo’s nose to begin growing.  I thought, not only should it grow, but based on the way she lies, it should also sprout a few branches.

 

My friends, Lisa Elizondo’s replacements for outgoing veterans were, in some cases, young lawyers, fresh out of law school at inflated salaries.  I documented this extensively over the last two years.  They are earning more at the City than they could in similar government jobs elsewhere or even in the private sector.  Like many of the lawyers she hired, she, herself, had no municipal or government experience whatsoever when she took the position two years ago.  So for her to say that the lawyers in her office have just as much government experience as the veteran lawyers who left is absurd, even for her.

 

She also proudly announced that she has tripled the document production in that office!  Yes, Lisa, counting one memo given to mayor and Council as nine memos may create the illusion that you’re being more productive, but when you waste staff time counting and tabulating such ridiculous statistics, you are wasting taxpayer money.  Interestingly, Elizondo said nothing about the quality of the work being produced by her office.  Just that they’re generating lots more paper.

 

The Jimbo/Jabba Factor

Elizondo then began a discussion of Jimbo and his Jumbo salary.

 

She claimed that the position created to give a soft (I would say luxuriously soft) landing to Jabba after his failed bid to become City Manager was extensively advertised.  She then described her recruitment efforts as placing advertisements in local newspapers.  More Bimbo Lingo.

 

She also said that although 14 people applied for the position, only three applicants were qualified.  Two people were hired, one for a lesser position and one for the superstar position.  Guess who qualified for that.  Surprise!  It was Jimbo!  Let me guess, the job description read:  “Wanted:  Arrogant, greedy, municipally inexperienced attorney who will describe himself as a ‘superstar’ and demand $165,000 and a very flexible work schedule requring at least two three-hour lunches per week.”  Right.  That one went to Jimbo, not the other person.

 

Elizondo continued, adding that this was “only”—yes, “only”—a $30,000 increase from the salary held by the person who held the position before (and that person, dear reader, had decades of experience, unlike Jimbo/Jabba, who had never practiced municipal law in his life).

 

Here were just a few of the other reasons why, according to Lisa Elizondo, she was a great City Attorney:

 

 

Elizondo also claimed there was a budget reduction.  Hmmm…I wondered, does that imaginary reduction include the over $200,000 of unpaid invoices she’s been hiding these last several weeks?  (By the way, I’m still waiting for a copy of those unpaid invoices.  But I noticed on the 6.28.05 agenda, there will be a budget transfer of $540,000 to cover outside legal services, so that figure of $200k I was playing with…looks like I was way off and she owes over half a million!)

 

She closed by saying, “this is the wrong decision for the wrong reasons at the wrong time,” and said the decision should be performance-based, not political.

 

“It is my recommendation to you at this point that you do not vote in favor of removing me from the City Attorney’s Office,” and recommended they postpone the decision for three months.  If there are performance problems after those three months, she added, “Then let’s work on those together.”

 

Then, finally, 20 minutes after this offensive and rather pathetic presentation was over, it was time to move forward.  And yes, this performance was indeed offensive to anyone who has paid any attention to City Hall over the last two years.

 

Ding Dong the Witch is Dead!

Ric Schecter, a local activist and frequent visitor to Council, spoke and said that Elizondo’s presentation “wants to direct your attention to performance issues,” and he said performance is exactly where the problem was.  He said that Wardy had used the City Attorney’s office (and Lisa E. was a conspirator in the action) in order to “politically direct the City Council in a certain direction, and I think that’s wrong,” he said.

 

Then Mayor Cook spoke and he said, “In one’s personal and professional life there are certain professional categories where there has to be a level of trust,” and used a CPA and a doctor as examples adding, “and I don’t believe that currently exists between myself and Ms. Elizondo,” and said it was in the best interest of the City to have someone who would have a good working relationship with the mayor.

 

There was a scary moment of silence and then Representative Susie Byrd spoke up and said that “we really need to look proactively at what we need to see in that position.  I would like to see someone in that position with an authoritative knowledge of municipal law,” which is something gained after many years, and then she moved to remove Elizondo, adding that she should be afforded whatever vacation and sick leave is due her.

 

Then, shockingly, Beto O’Rourke moved to table the item for one week.

 

I wanted to yell out, “What are you thinking, man?”  Thankfully, no one seconded that absurd motion.  What could possibly be gained by postponing this decision by a week?  O’Rourke never gave a reason for his request, but at this point, everyone’s mind should be made up.  Either this woman stays on as City Attorney or she goes.  It would be a huge mistake to delay this decision any longer.

 

Representative Steve Ortega seconded Ms. Byrd’s motion.

 

As the roll call was being taken, when it was Lozano’s turn, he said, “And for Ms. Elizondo, I think she did a fabulous job, you know, she was moving in the right directions, and I, uh, we continue in the same manner, so aye.”  Guys like Alexandro Lozano put the “moron” in oxymoron. 

 

The vote was 7-1 with only Melina Castro voting no.

 

At that moment, the clouds lifted, the sun came out, the angels wept, and Sid sang.  Thank you, Council, for doing right by your community and for recognizing the importance of having a knowledgeable and experienced City Attorney’s office.  I could’ve sworn I heard a collective sigh of relief come from the community.

 

Now, there has been much speculation about why Melina Castro voted no.  That evening on the news she said she didn’t have enough information with which to make a decision.  That means that she hasn’t bothered to watch previous City Council meetings.  That means that she didn’t read the newspaper when Elizondo was hired two years ago and ethical City Council members (all two of them:  Cook and Power) were openly critical of her.  That means she didn’t ask Elizondo for a resume or ask to see how much municipal experience she has. 

 

But, actually, all of that is beside the point.  As became exceedingly clear a little later in the meeting, Melina Castro doesn’t think or do anything for herself.  (If you don’t believe me, let me simply ask you this:  Have you been watching the storyline regarding her homestead exemptions?  Oh, sorry, I didn’t know you actually had to live in the residence for which you’re claiming a homestead exemption.  Okay, Melina.)

 

Sorry, District Four, but you’ve elected a loser (who happens to have a powerful benefactor).

 

Dollar Store Cowboy

Then the next item was read into the record:

 

3.  Discussion and action to confirm the Mayor's appointment of Charlie McNabb as Interim part-time City Attorney at a salary of $1.00 per month plus expenses to include:  1) living expenses at the per diem established for City employees for each day of residence in El Paso; 2) reimbursement of up to six (6) one-way refundable coach fares between El Paso and Chicago; and 3) car rental allowance not to exceed $600.00, such appointment not to exceed one month. [Mayor's Office, Matthew Briones, (915) 541-4656]

 

Presi Ortega asked how much the expenses would cost, and City Manager Joyce Wilson said they were under $5,000.

 

Byrd made the motion to approve, and she requested that the City make the hiring of a new City Attorney “an open process, allow enough time for people to apply, and really look to build, that position with a lot of municipal experience.”

 

She’s right.  That is an extremely important position and the decision needs to be based on qualifications.  The appointment should not be made the way Wardy made his:  He picked an inexperienced, unqualified attorney with a checkered legal record to take over one of the most important positions in the City.  I am completely confident that Mayor Cook will not go the Wardy route.

 

Luther, I Can Practically See the String!

Before Byrd had even really completed her sentence, Castro asked to be allowed to speak and then read from a prepared statement:

 

“On Friday July 17, 2005, a request was made to my office by the executive secretary to the mayor to meet with Mr. McNabb.  It is evident from reading the local media that Mr. McNabb has residence in Chicago, IL, and further, that on last Friday he was acting as an agent or employee of the City of El Paso.  My question is simple.  Did the Mayor make this commitment to Mr. McNabb absent City Council approval?  Additionally, I am personally very aware of the brain drain that exists in the City of El Paso and the desire on the part of my office to provide a fertile ground for those qualified individuals within our City to participate in the highest jobs that are available. It is also interesting that we are attempting to replace a board certified Hispanic female with permanent residence in El Paso with an individual from out of state.  I cannot and will not support this agenda item and make a motion to deny it in its entirety.”

 

Ms. Castro expressing concern over the brain drain?  Let me suggest this.  Ms. Castro, if you were to leave El Paso, our average IQ would spike noticeably upwards.  You’re right, the brain drain is real…and it starts in the chair for District 4.  It’s like a black hole.

 

But if you are truly concerned about the “brain drain” then you should be delighted that we are retrieving one of the more brilliant brains to have drained from this community:  Charlie McNabb, who is arguably the best qualified person that the position could ever hold. 

 

Had Castro even bothered to meet with McNabb or review his decades of experience in that office or even read his resume?  I’d venture to guess that she didn’t.

 

And I guess Lisa Elizondo has a City of El Paso green card (something I didn’t realize existed)…after all, she has “permanent” residency in El Paso!

 

Fortunately, no one seconded Castro’s absurd motion.  Of course, even a casual observer would have quickly realized that Castro wasn’t speaking her own words or, at the very least, her own concepts.  She was reading from a prepared statement the main points of which were given to her by . . . oh, I dunno, Luther Jones or Martie Jobe maybe?  What’s your guess, dear reader?  What is absolutely, undeniably true is that the concepts weren’t hers.  Luther, buddy, at least have Melina memorize the prepared statement next time.  That way, it won’t be quite as obvious. 

 

Presi Ortega, completely bypassing the talking Melina doll’s prepared statement, said he would like to see a process where each Council member appoints someone to a review committee for the next City Attorney.  He said he wants the process to be fair.

 

Cook called it an “excellent” idea, and made a commitment to doing that.  The other, better, smarter Ortega, Steve Ortega, said he wanted a national search, thanked Elizondo and asked her to apply for the job and see how she stacks up against the competition.  He then totally shut down the talking Melina doll, adding, “I’d like to remove all discussion of race from this issue.  I think with all due respect to you, Ms. Castro, whether the applicant is Hispanic, whether the applicant is Caucasian, African American, we need to select the best qualified applicant for this job, and I would like all discussions on race to cease from this discussion.”

 

The audience erupted in applause.  (I’m coming to really like the performance of this one, the better, smarter Ortega.)

 

City Manager Joyce Wilson said she could get a job description from the Texas Municipal League in order to get the ball rolling on this.

 

Presi Ortega then seconded Susie Byrd’s motion. 

 

Lisa Turner addressed Council and said, “I stand up here in favor of item 3.  I know Mr. McNabb, I know he has vast experience in Texas Municipal Law, something this City has lacked in the last two years.  Under no circumstances should you ever hire anyone [like Elizondo!] without experience in Texas municipal law.  So when you go forward, you make sure that that is one of the mandatory requirements.  Thank you.”

 

Amen, Ms. Turner!  We are very lucky that someone as qualified, experienced, professional and ethical as Mr. McNabb has agreed to come into the mess left behind by Lisa E.  That should be a “no brainer” for Castro.  If only she had a brain.  Melina, with the thoughts you'd be thinkin' you could be another Lincoln.
If you only had a brain.  But it’s okay, we know Luther does your thinking for you.

 

Emotions in Motion

City Manager Joyce Wilson said that because McNabb could not be at Council and he would not be able to start until Monday, the effective date was June 27, 2005.

 

Representative Susie Byrd then said, “I would like to amend my emotion, to make it effective on the 22nd.” 

 

You know, I, too, would often like to amend my emotions, especially those dealing with crankiness, frustration, cynicism…and maybe this Council could help me achieve that goal. 

 

Sitting behind the City Manager was a very sour-looking Jim Martinez, who I have been told, has either already turned in his letter of resignation or will very soon.  I guess he, unlike Elizondo, could see the writing on the wall (and read it, too!).  He, too, probably wanted to amend his emotions.

 

The emotional motion passed 7-1.

 

The talking doll Melina “my brain is drained” Castro was the only “no” vote. 

 

Introductions

The following items were introductions of ordinances that will be voted on in two weeks:

 

19A. An Ordinance granting a franchise to El Paso Electric Company and waiving application procedures. (Attachment) [City Attorney's Office, Jorge Villegas, (915) 541-4550]

 

19C. An Ordinance establishing deadlines and procedures for placing matters on the Agenda for City Council Meetings and repealing Ordinance No. 15791. (Attachment) [Municipal Clerk, Richarda Duffy Momsen, (915) 541-4127]

 

These ordinances will have a public hearing in two weeks, and Mayor Cook allowed speakers to comment on them.

 

Electric Avenue

Lisa Turner said she didn’t believe item 19A (on the Electric Company franchise) could be discussed.  She explained that on the backup to the item (in the attachment for 19A), the box indicating that this item has not come before Council before was checked off and so she wanted to know when City Council instructed the City Manager and the Public Utility Regulatory Board (PURB) to open negotiations with El Paso Electric.

 

Deputy City Attorney Terry Cullen Garney explained that the City Manager had the authority to do so under the Charter.  Mayor Cook asked if it’s not unusual for staff and legal to begin re-negotiating a franchise agreement that’s about to expire and Cullen Garney replied, “Definitely.”

 

City Manager Joyce Wilson further explained that the previous Council was made aware of this in the summer of 2004, where there was an option for Council to purchase the utility, and at that point, they did not, so negotiations had to begin to renew the franchise.  She also said that regulatory matters like this one are vetted through the PURB before being brought to Council.

 

At that point, City Representative Beto O’Rourke thanked Ms. Turner for her pertinent questions, but asked that she contact him on Fridays with her questions so that he can address them prior to Council meeting.

 

She said that’d be great, but when she checked on the agenda on Friday, this particular item wasn’t there.

 

The other problem with that is that the agenda isn’t on the website until Friday afternoon, and the full attachments aren’t always up by that time, which would make it difficult, I believe, to try to get answers on such short notice.

 

O’Rourke said the same thing applies to that particular problem, and he encouraged her to let him know about it, “I’d like to help out,” he said.  Turner replied, “Will you be in your office Friday night when I sit down and look at it?”

 

“I’ll give you my cell phone number,” he replied.

 

“Twenty-four seven,” called out Presi.

 

Joyce Wilson reminded everyone that the ordinance is only up for introduction and that later in the meeting staff would give a detailed informational briefing to the public.  She stated that staff had prepared detailed informational packets for Council and the public that were available at that meeting.

 

Turner then said, “Am I understanding that it [the negotiation] is solely the City Manager’s purview?”

 

“No,” replied Cook, telling her that the negotiations started with Wardy (who briefed Council about it), then it went to the PURB.

 

Turner said she still hasn’t found out when Council gave the City Manager the authority to negotiate.

 

“There is no requirement that the mayor and Council instruct the City Manager to enter into negotiations,” replied Joyce Wilson, who further explained that the Mayor and Council approve the franchise, and they have to do it by August 1st or the electric company will continue to operate without one, “then they have unlimited encroachment onto our rights of way without any control, so as a matter of management and legislative oversight, when something of this magnitude comes up from renewal, it is flagged in advance.  It was flagged over a year ago for the mayor and Council at which time a provision was highlighted to them that they opted not to execute and that was to seek acquisition and buy the utility.  At which point then, it trigged us to go into negotiations,” and turning to Turner she added, “So what we’re doing here is perfectly legal and appropriate,” and offered to set up a meeting with an assistant city attorney on the matter.

 

Representative Ann Lilly said she would be hosting her first breakfast meeting on Saturday at the Village Inn near UTEP and said the Electric Company was committed to attending and answering questions.

 

Ric Schecter reserved his comments until after the presentation.

 

A Day in the Life . . . of Ray Gilbert

Ray Gilbert said he wanted to call their attention to one thing.  “You’re sitting here as a judicial board.  You’re not sitting here as a City Council when you’re doin’ something like this.  You’re sitting as a utility board…your obligation here is like a judge.  You have to listen to both sides.  Your duty is to the electric company and the consumer.”  He told them they don’t have to rubber stamp the PURB’s decision and he then began a stream of consciousness discussion about the negotiations, the electric company bankruptcy case, and the rate freeze, and blah blah blah and then somebody spoke and I went into a dream . . .  When I snapped out of it, Ray Gilbert’s three minutes going on to eternity had ended but, yet, he continued.

 

Steve Ortega then quietly asked, “Mayor, can you maintain decorum?” and then Gilbert asked for another minute; Cook asked Gilbert to wrap it up in 60 seconds.

 

Good for Ortega!  Mr. Gilbert, as truly fascinating as your stream of consciousness pronouncements always are, you should have to abide by the same rules as everyone else.

 

Gilbert urged Council to look at page 10 of the document he was looking at “and see what it says about your waiver [of application process],” and then with other ramblings wrapped it up.

 

Public Comment

The next introduction that was discussed was 19C.

 

Ray Gilbert said he tried to access information on this online but couldn’t and asked for an explanation.

 

Elaine Hengen, Assistant City Attorney, explained that the deadline for placing items on the agenda was being moved up “slightly” from 2:00 p.m. on Thursday to noon on Thursday and for the additions 9:00 a.m. on Friday to 5:00 p.m. on Thursday to allow staff to better prepare the agenda and for the items.  Also, if a member of the public wants to see an item on the public agenda, they will have to go through a representative or the mayor.

 

The introductions were passed unanimously.

 

Ethics at City Hall?  A New Era!

Even the mere mention of the next item is enough to send shivers of excitement up and down my spine:

 

20.  COMMITTEE REPORTS: Report from the Ethics Review Commission:  (1) Discussion and action relating to the Commission's annual report for  2004 on  file in the office of the City Clerk on the  following specific items: A summary of activities, determinations made and accomplishments of the Commission during 2004; status of board appointments; and (Attachment) (2) Discussion and  action  on  the presentation  of the Commission's recommendations  regarding campaign  finance limitations.  (Attachment) [City Attorney's Office, Elaine Hengen, (915) 541-4550]

 

If you recall, two years ago, Representative Dan Power (remember those days?) asked the Commission to research and present campaign finance reform suggestions to Council. 

 

A few weeks ago, then-Representative John Cook asked that the Committee get off their arses and get the work done (of course, he was much more diplomatic than Sid is).  Well, finally, their work was ready for sharing.

 

David Palmer, the Chairman of the ethics committee, said that there were two vacancies on the board (for the Mayor’s seat and Holguin’s seat) and there was only one complaint in 2004 on the Car Wash bid with Paul Escobar.  He also said that he had given Council a copy of the work the committee had done on campaign finance.  And then, after that two-second presentation, he asked if there were any questions.

 

Presi Ortega asked Palmer to provide Council more of an explanation, and Palmer said they looked at Austin, San Antonio, Dallas and Houston’s ethics ordinances regarding finance issues, and looked at pertinent aspects of them. 

 

Steve Ortega said that, in the course of researching other cities’ ordinances, he had seen that other ordinances had been repealed because campaign contribution caps had had a serious unintended consequence.  Namely, the caps meant that only independently wealthy candidates with self-funded campaigns being able to run.  He asked Palmer if they had looked into the issue.

 

Palmer said they had not.  Steve Ortega asked if this committee’s work included a cap on self-funded campaigns, and Palmer said it did not.

 

S. Ortega also asked if they had researched the registration of lobbyists, and Palmer said the committee could go back and revisit the issue if Council would like.  I took that as a no.

 

Okay, City Reps…looks like its time to get yourselves a new ethics commission. 

 

The talking doll Melina Castro read from yet another prepared statement, which essentially thanked the commission for their work and for giving “the proper direction to elimination of the perception of influence pendaling [sic] by campaign contributors.”  She continued reading from her 8th grade-like essay (possibly entitled “The Influence Pendaling Pendulum, by Melina Castro): 

 

“This is not a problem that is limited to the City, but also has epic ramifications at the county, state and national levels.  At this time I would request that this draft be utilized as the cornersorn [sic] in principle to allowing the establishment of a proper ordinance consistence [sic] with the action that other progressive and successful metropolitan areas in the state of Texas have established.  I have distributed a copy of Austin ordinance on this subject to all the members of Council, and since July 15, 2005 represents a date for the next filing of campaign finance reports, I think we should utilize the most recent current date as established if, in fact, the limitations as imposed by the draft would have any meaningful effect on any perceptions on the part of public and Council for bringing greater clarity to the transparency of this process.  I would like to make a motion to accept the draft from the ethics review commission and utilize that document in conjunction with Austin ordinance after a complete review of the upcoming campaign finance reports to convene the legislative body as a whole to come forward before August 34th, 2005 with an ordinance for introduction.”

 

Good Lord!  She’s worse than Lasagna…at least Lasagna doesn’t plan to say what he says.  It just…sort of…spews out.  Castro wrote this illiterate crap out beforehand and read it!  And, no, I didn’t exaggerate or make any of it up.  I’m a pretty darn good note taker but I had to go back and listen to the record several times and accurately document her statements word for painful word.

 

There was a momentary silence and no one seconded her motion. (I kept waiting for an audible “huh?” to come from someone on Council.)

 

Then Steve Ortega, the emerging leader on this Council, said he would like to examine the issue of self-funded campaigns and registration of lobbyists; he then made a motion to send the issue to a legislative review committee.  Representative Lozano seconded the motion and Presi Ortega said he agreed because there are still concerns that need to be addressed and he would like to see such an ordinance be a model that can be followed.  Steve Ortega added that El Paso should indeed be a leader instead of a follower.  I gotta say, he’s setting a good example on that end.

 

Lisa Turner said she supported Steve Ortega’s motion and asked that Council do something about the ethics board because, she claimed, in the last six months they’ve only been made a quorum once.

 

Red Light District

The following item was placed on the agenda by Presi Ortega:

 

21. MAYOR AND COUNCIL: Discussion and action that the City Manager be authorized to direct the City Attorney's office to formulate an ordinance to affect  the issuance of civil liability upon an owner's vehicle  for  creating  a dangerous  intersection where an intersection camera program is in effect, and that the City Manager be authorized to direct the Purchasing Department to proceed forward in pursuing a proposal for implementation of an intersection camera system to be instituted in the City of El Paso.  [Representative Presi Ortega, Jr., (915) 541-4189]

 

Two Ortegas Better Than One?

P. Ortega called this a safety issue and said that there were 20,000 accidents over the course of one year in El Paso and he wanted to look at the feasibility of installing cameras at certain intersections for the purpose of issuing citations for running red lights.  He gave other statistics and called this Council “progressive” three times.

 

I think this is a great idea, and for more information on this see http://www.kvia.com/Global/story.asp?s=3509326.

 

P. Ortega made the motion to direct staff to research the issue, develop an ordinance and bring it back to Council; S. Ortega seconded the item.

 

Gassing Up

The following item was first discussed with the previous Council and was back for a final decision at the meeting:

 

22.  CITY ATTORNEY:  Discussion and action regarding Texas Gas Service's proposed adjustment to its base rates pursuant to the Texas Gas Reliability Infrastructure Program. [City Attorney's Office, Jorge Villegas, (915) 541-4550] POSTPONED FROM 05/10/05 AND 05/03/05 (Attachment)

 

Norman Gordon, the City Council’s utility advisor, made some very basic observations regarding regulated monopolies.  I assumed that everyone (except Lasagna and the talking doll Melina Castro) already understood the concepts he was explaining.  He explained that utility companies are monopolies and that, because of this, the government has the right to set the rates as a substitute for competition.  The rate setting usually involves a complete filing by the company.  However, in 2003 the legislature changed the concept of a full rate investigation for gas utilities in something called the Gas Reliability Infrastructure Program (also referred to as the GRIP statute).  Basically, the state statute allows the utility company to file adjustments (these are increases, and the adjustments have to happen within two years of a rate case) to reflect the changes in the amount of its investment.  That means the gas utility is allowed to ask for an increase in rates without a full rate case.  But these increases are limited to the following:  Increases in invested capital; a rate return, based on the rate of return decided in the prior rate case; federal income taxes; depreciation expenses; ad valorem property tax changes; or revenue-related taxes. 

 

In August 2004, the gas company filed its first request for an increase in rates of $200,000 overall and a reduced amount was approved (that money was for REDCO, and you can read more about it at http://www.thestrelz.com/shm/2004_0831.htm).  Council made findings regarding the ability of Texas Gas Service to make the request and also made findings of what the appropriate rate of return would be.  The cost was 6 cents per month per customer.

 

In 2005, as a result of increased capital investments, Texas Gas filed a second request, which would mean an increase of 51 cents per month per customer (40 cents for residential customers or $4.80 per year).

 

Steve Ortega asked why it makes sense for the City to subsidize their investment.  Gordon said the utility company is “entitled by law to receive its reasonable and necessary operating expenses, plus a…reasonable opportunity to earn a reasonable return.”  So if the utility’s investment increases, they have a right to request a change in rates.  Gordon explained that because they’re a monopoly and because the City controls its rates, if they have an increase in their investment and it’s used to serve the public, then the City has to give them an increase in rates or order a reduction in rates if the opposite is true.  He said that because of the government statute, the utility is allowed to ask for these adjustments between rate cases (the last one was in 2002, the next one will be in 2007).

 

The City previously had asked Gordon to review the increase requests, and Gordon negotiated a 20% reduction of what they were asking for before.  The final negotiated increase was 32 cents per month for residential customers, which means an increase of $3.84 per year.

 

Presi Ortega asked Gordon two questions:  How long had he been the City’s utility attorney—to which Gordon answered 20 years—and is he comfortable with the recommendation, to which Gordon answered yes.

 

Gordon also explained that under a GRIP filing the City does not look at the rest of the company’s expenses, which happens during a rate case; furthermore, a GRIP filing is designed to be a procedure that would cost less than a rate case.

 

Lisa Turner reminded Council that this is the second rate increase within a year and said this increase is coming at a time when the company is experiencing record profits, making money “hand over fist.”  She also opined that our utility bills are “the biggest stumbling blocks to economic development in this City.”

 

Passing Gas

Ray Gilbert, who was arguing that new construction costs are made up in the utilities sales said, “I cannot understand how every year they come in with their capital improvements…and ask for a rate increase…it should already be in their rate base.”  Gilbert argued that new gas customers should be paying for new connections and new services; that cost, he said, should not be passed on to the existing customers.  Gilbert also insisted that this issue was supposed to have a public hearing, and the City Manager corrected him and said a public hearing is not required, but that the City is being “more liberal than the law would require us to be on this.”

 

The problem here, however, which Gilbert never addressed, is that if the City doesn’t agree to the negotiated (and lower) increase, the utility can go to the railroad commission (which would be the final decision-making body) and probably get the increase it originally requested (not the lower, negotiated increase).

 

Richard Fleager, VP of Texas Gas Service, said that Mr. Gilbert’s suggestion would mean “not following the law,” and this filing is following state law; the review has been done by a person hired by the City, reviewed by the City Attorney’s office and the PU (no pun intended) Board, and “basically, we’re following the law.”  He said rate cases are very expensive, and one recent one cost over $1.3 million in legal fees and consultant fees.  He said the state legislature approved GRIP cases because rate cases are so expensive.  He said all they’re doing is getting a return on their investment made here in El Paso, and that the earnings have to be capped. 

 

Steve Ortega asked how our rates compare statewide, and Fleager said that 9 out of the past 11 years, the lowest national rates have been in El Paso.

 

Norman Gordon said that the previous Council suspended its request until today, and the options are to approve the request, to further suspend the request or deny the request.  If the request is denied, it goes to the railroad commission, and staff is recommending approval.

 

Gilbert came back up to the podium and asked again for Council to consider their increase in income and reiterated the same issues he had mentioned previously.  Again, from what I understood, those issues are only considered during a thorough rate case.

 

Presi Ortega put it succinctly when he said the City either approves this negotiated increase or asks for a rate case and pays millions of dollars in fees (he forgot to mention the option of rejecting the negotiated increase and having the utility go to the railroad commission to get the higher increase).  He made a motion to approve that was seconded by Lozano and the item passed unanimously.

 

Meet the Rucker

The following is an item that was postponed over and over again by the ousted crony crew:

 

24A. An Ordinance repealing Ordinance No. 15893, granting the authority to the City Manager or the Department Head to enter into and sign certain Personal, Professional, Independent and Volunteer Service Contracts on behalf of the City and to create a new Ordinance on the same subject.  [City Manager, Joyce A. Wilson, (915) 541-4844 and City Attorney's Office, Elaine Hengen, (915)  541-4550] POSTPONED FROM 05/31/05, 05/03/05, 04/12/05 AND 03/15/05 (Attachment)

 

Elaine Hengen explained that in 2004 when the City moved to the Council-Manager form of government, the City separated the administrative items from the legislative items and brought the administrative items forward for Council to switch over to the City Manager.

 

This ordinance in one of those administrative items that grants authority to the City Manager to sign certain (a) professional contracts up to $50,000; (b) volunteer services contracts; (c) amendments to the contracts.

 

Lance Ruck, a product of a very uncivil union (he’s a good buddy of Robert Cushing’s and he’s Anthony Cobos’ appointee to the Civil Service Commission) spoke and said he served as Chair of the Commission from May 2004 through May 2005.  For a little background on the Ruckmeister, see (http://www.newspapertree.com/newsletter.ssd?section=feature&c=3080232d5158499c see “What, No Ruckus?) and http://www.newspapertree.com/newsletter.ssd?section=feature&c=339092ce1c82496d see “Silence from the Lambs?”) .

 

Ruck said what he’s “hearing from Elaine Hengen is that this is purely an administrative matter” and said that he does not agree with her.  He said the problems he’s seen while serving on the Commission over the last three years is moving people “out of class” and a proliferation of contracts as opposed to classified people.

 

He continued, “We all learned from the [Alan] Landry debacle and it occurred last week that if Human Resources finds someone qualified…they become qualified…even when we can prove with evidence that they’re not qualified.”

 

Yes, leave it to someone as mean spirited and pompous as Ruck to want to prove people are not qualified for jobs.

 

My Irony Alert™ meter was beeping so loudly I had to take the batteries out.  Mr. Ruck, who attacked the Caballero administration for hiring a retired Army Colonel who was Fort Bliss’ strategic planner and a high-ranking Raytheon manager as our City’s Economic Development Director (gee…wouldn’t he have come in handy at this point in time in El Paso?), rubber stamped every single Wardy contract that came before him.  Here’s what I wrote back in August 2004:

 

Lance Ruck, Chair of the Civil Service Commission, defended his rubber stamps—er—votes in support of the contracts mentioned by Delgado. He admitted on the record that “We don’t really know if the most qualified are getting the job or if there are processes. The only question I’ve been able to ask when department heads show up to support the selection of this person is ‘did you interview all of the people’ and when I hear ‘yes’ then I approve it.”

 

Good job Lance! Now if that ain’t the definition of rubber stamp, I don’t know what is!

            http://www.thestrelz.com/shm/2004_0824.htm

 

Ruck then said, “I submit to you that the past mayor and the past Council were all competent people,” and they wanted to retain this provision.  Sorry, Rucker, but they were neither competent nor honorable people.  Ruck warned them, “Don’t abdicate or acquiesce your authority to the City Manager.”  I wanted to rush the podium and say, “Hey, Rucker, the Crony Crew is gone.  You’re not preaching to the Choir anymore.”

 

Beto O’Rourke responded, saying, “I believe this brings the letter of the law into accordance with the spirit of the law as passed by the voters during that last charter amendment election, so I move to approve this,” and Steve Ortega seconded his motion.

 

Yes!  Good guys shoot and score!  I wanted to go up to Ruck and sing, “na na na na, na na na na, hey hey hey, goodbye!”  Yes, even oldsters like me can be juvenile and immature, folks.

 

Lisa Turner said she supports the item, but she would like to see some kind of report that would provide the public with information about hirings.

 

Elaine Hengen reminded Council that the contracts would still go before the Civil Service Commission.

 

The talking doll Melina Castro read from yet another prepared statement:

 

“In reviewing the backup for the City Council meeting where the ordinance was first introduced, it is clear that the ordinance is not necessary for the transition to the City Manager form of government.  The Charter, as approved by the voters, mandates that the decision on contractors be the domain of the City Council and Civil Service Commission.  I took an oath of office to uphold the Charter, and I see no reason to violate my oath of office at my second City Council meeting [when should it happen, Ms. Castro…at the fifth meeting?].  The voters approved the Charter delegating responsibility of approving contract employees, and the voters are the only ones that can change this provision of the Charter.  In this ordinance (pause) there were approved it would defeat one of the key cornerstones [this time she got it right!] of my commitment to the some 80,000 residents in District 4:  Open and transparent government.  To remove this matter of contract employees from the public view would close another door on open and transparent government.  Additionally, since this matter is basically the accomplishment by indirection on the part of the staff a matter which could not be accomplished directly to the extent that it requires that I relinquish part of my legislative duties under the charter, I question whether a vote on this ordinance is even proper.  If Council were to unanimously violate the Charter by turning over this critical legislative function to the office of the City Manager, it would be clear that none of us have any respect for the Charter.  If there are any dissenting votes in this matter, I would affirm that the ordinance cannot pass since each member of Council is mandated by the Charter to review and approve the contract employees and I do not believe that other members of Council have the right to give up my duties under the charter.”

 

When she stopped, she had her most “I’m serious, really, I am” look on her face. 

 

My friends, while she was reading from her statement, I could see her little hand following the words on her sheet of paper like a child learning to read does.

 

Actually, folks, documenting Castro (although it is as difficult as it is to document Lasagna) is becoming kinda fun!

 

Of course, no one responded to the absurdity that was Melina’s “On What Luther and Cushing Informed Me This Item Was All About” essay, so the item passed 7-1, with Melina “I Pledge Allegiance to the Ruck Philosophy” Castro being the only “no” vote.  And no one pointed out the extreme irony of the talking doll’s statements (I could swear I saw a string moving behind Castro’s back) regarding transparency and violating the charter.  What was the Wardy administration but an object lesson in opaque government (with the Troika pulling the strings) and flagrant violations of the city charter (surely I need not remind my readers of the hiring of Jimbo/Jabba as interim CAO).

 

More Housecleaning

And the next item was another civil service item that the former Crony Crew tried to kill and postponed several times:

 

24B. An Ordinance granting the authority to the City Manager or his or her designee to make provisional and temporary employee appointments in accordance with the El Paso City Charter. [City Manager, Joyce A. Wilson, (915) 541-4844 and City Attorney's Office, Elaine Hengen, (915) 541-4550] POSTPONED FROM 05/31/05, 05/03/05, 04/12/05 AND 03/15/05 (Attachment)

 

Elaine Hengen said this would similarly delegate the appointments of provisional and temporary employees to the City Manager.  She said items 6 and 7 on the consent agenda were examples of what would no longer go to Council but instead be approved by the City Manager (to view those items, visit http://www.elpasotexas.gov/city_clerk/city_Council_062105.asp).

 

Lozano made the motion to approve, and Beto O’Rourke seconded the item and it passed 7-1.  Guess who the only “no” vote was. 

 

The Kinder, Gentler Man Has a Name!

The following item was also one that had been postponed by the Crony Crew and was back for the good folks to vote on:

 

25.  PUBLIC HEARING - EL PASO WATER UTILITIES PUBLIC SERVICE BOARD: [El Paso Water Utilities Public Service Board, Robert Andron, (915) 594-5506] An Ordinance authorizing the City Manager to sign a Special Warranty  Deed  conveying to SFPP, L.P., a subsidiary of Kinder  Morgan,  G.P., Inc., land totaling approximately 35 acres out of a portion of Tract 5D, Section 21, Block  80, Township 1, Texas and Pacific Railway Company Surveys, and a portion of Tract 1, Section 28, Block 80, Township 1, Texas and Pacific Railway Company Surveys, El Paso, El Paso County, Texas, located in northeast El Paso near Ashley Road and Dyer Street. (District 4) POSTPONED FROM 06/07/05 (Attachment)

 

This is the sale of land to the Kinder Morgan group that I have covered a few times.  Presi Ortega made a motion to approve the item and Alexandro Lozano seconded the item. 

 

Lisa Turner was the only public member to speak and she asked if any Methyl Tertiary Butyl Ether (MTBE), an gasoline additive and, if spilled, a potential environmental hazard, was being run through the pipes.  She said she had no problem with this as long as the MTBE is not a part of the gasoline that will flow through the pipeline.

 

The Kinder, Gentler guy said that no MTBEs have been used in the El Paso area gas for the last two years.

 

The talking doll asked if there has been any opposition to this.  She looked like a child, playing grown up, and asked what their plans were to replace the pipe and how “the people” would be sure that what happened in California and Arizona doesn’t happen in El Paso.

 

He described the technical equipment that would be used to prevent it, but he could’ve given her any kind of answer…it wouldn’t have mattered because she doesn’t have enough knowledge to challenge anything she hears that has not been explained to her by her handlers and is not on a prepared statement.

 

Richarda Momsen asked the kinder, gentler man to state his name, and it’s David Cornman.  He has a name!

 

Turner asked one more time if any MTBE would be shipped from or through El Paso, and Cornman said it would not.  “I hate to say this, but that’s not what I’ve been told,” said Turner ominously.

 

The item passed unanimously.

 

The Hush Money Rule

The following item was one that I’m certain was created by the Pension Board as a result of the secret deal Jim Martinez had crafted for Emma Acosta (the former Solid Waste Management Director) before she was ousted from City Hall:

 

27A. An Ordinance amending Chapter 2.64 (City Employees' Pension Fund) of the El Paso Municipal Code regarding the definition of final pay in the pension calculation.  POSTPONED FROM 06/07/05(Attachment)