Agenda for Friday 5/18/07
The Long Goodbye
The agenda for Friday's special meeting of city council has been posted. The original purpose of the meeting was to swear-in and install the new council members and mayor. But the old council is not ready to let go just yet, so they put two additional business items before the oaths to allow them one last (hopefully) grasp at power.
The two items are to amend the employee manual and to authorize Alltel to put antennae on the city water tower. I've heard that the employee manual amendment is for an employee on sick leave who may be out of sick pay. After these two business items, the new members of the governing body will be installed.
About a month ago, Monte Akers told Sauceda that the new members could be sworn in immediately after the election date. The incoming Mayor took the time to actually read the law and learned that Akers and Sauceda were wrong. Akers was informed of the relevant code and he corrected his opinion. The law requires a five day cooling off period after elections in Texas, hence the Friday meeting. This ceremony does not require the old mayor or council or quorum. The only requirement is that the ceremony happen in the regular meeting place and be posted 72 hours in advance. Many people, including the county judge and justice of the peace can do the oath.
From Local Government Code Chapter 22:
Sec. 22.006. DATE ON WHICH OFFICERS BEGIN TO PERFORM DUTIES. A newly elected municipal officer may exercise the duties of office beginning on the fifth day after the date of the election, excluding Sundays.
and
Sec. 22.036. INSTALLATION OF GOVERNING BODY. On the fifth day after the date of the election, excluding Sundays, or as soon as possible after that fifth day, the newly elected governing body of the municipality shall meet at the usual meeting place and shall be installed.
It is unethical for the old council to hang on to power beyond the election. The new council should be installed and should act on any business items after the election. Sadly, this seems like the petty power games of two years ago when Mayor Martinez held on to the office after Lanman had been elected. Lanman has seen this game before when it was used against him. Now he allows the game to be used on the next mayor. The more things change, the more they stay the same.
I wonder how the new council feels? The administrator is depriving them of their legal right to take office ASAP after the election to let the old guard conduct more business. Sauceda knows how to welcome the new council!
As a special meeting, four council members are required to conduct business. No quorum is required to install the new members of the governing body.
The great thing is that we get another mayor's report (though he has plans to be elsewhere) and another round of council member comments to implore the new council to do what the old council wants. And of course, we get another administrator's report. Viva La Vista!
I've heard a rumor about the police department that I have not confirmed, but hey, this is a blog and not a newspaper! I heard that a reserve officer was hired by the acting police chief over the weekend without Sauceda's involvement, and that the reserve officer is the nephew of the acting chief.
Chapter 573 of the Texas Government Code states:
573.041. PROHIBITION APPLICABLE TO PUBLIC OFFICIAL. A public official may not appoint, confirm the appointment of, or vote for the appointment or confirmation of the appointment of an individual to a position that is to be directly or indirectly compensated from public funds or fees of office if: (1) the individual is related to the public official within a degree described by Section 573.002;
Section 573.002 defines the scope of relationship as "third degree by consanguinity" which includes nephew.
[UPDATE]
For those interested in reading more, take a look at this Attorney General opinion from 2001 when Senator Cornyn was Texas Attorney General. The opinion states, "A public official may not promote his or her nephew to a position compensated from public funds if promotion requires the official to finally select the person who will fill the position. See TEX. GOV’T CODE ANN. 8 573.041 (Vernon 1994). You ask whether a police chief may promote his nephew to the position of lieutenant, where the promotion requires the chief to select among three qualified persons.’ He may not."
So if the rumor is true, it is a serious matter. But this was not important or timely enough for Sauceda to put on this special meeting agenda. For some reason, a last minute deal with Alltel is more important. Hmmm.
[end UPDATE]
I understand that Sauceda wanted to put a lot more on the agenda. He tried to get the Marfa Chamber of Commerce to present a report at this special meeting. Oscar Martinez has lobbied for filling the police chief position before he exits. I guess it was not sufficient to appoint the administrator and municipal judge before they left office.
Sauceda came in after lunch today, Tuesday. He stopped in Alpine to lunch with Oscar Martinez and Dan Petrosky. It seems likely that they discussed city business. I don't know why Oscar would drive to Alpine for a social visit. I don't know if Sauceda discussed business with Gloria Rivera. The Open Government laws of the State of Texas were written to make sure that public business was conducted in public. It sure looks funny when Sauceda lunches with two council members and then posts a politically-charged agenda later in the day.
How long before the long goodbye is over?
The agenda for Friday's special meeting of city council has been posted. The original purpose of the meeting was to swear-in and install the new council members and mayor. But the old council is not ready to let go just yet, so they put two additional business items before the oaths to allow them one last (hopefully) grasp at power.
The two items are to amend the employee manual and to authorize Alltel to put antennae on the city water tower. I've heard that the employee manual amendment is for an employee on sick leave who may be out of sick pay. After these two business items, the new members of the governing body will be installed.
About a month ago, Monte Akers told Sauceda that the new members could be sworn in immediately after the election date. The incoming Mayor took the time to actually read the law and learned that Akers and Sauceda were wrong. Akers was informed of the relevant code and he corrected his opinion. The law requires a five day cooling off period after elections in Texas, hence the Friday meeting. This ceremony does not require the old mayor or council or quorum. The only requirement is that the ceremony happen in the regular meeting place and be posted 72 hours in advance. Many people, including the county judge and justice of the peace can do the oath.
From Local Government Code Chapter 22:
Sec. 22.006. DATE ON WHICH OFFICERS BEGIN TO PERFORM DUTIES. A newly elected municipal officer may exercise the duties of office beginning on the fifth day after the date of the election, excluding Sundays.
and
Sec. 22.036. INSTALLATION OF GOVERNING BODY. On the fifth day after the date of the election, excluding Sundays, or as soon as possible after that fifth day, the newly elected governing body of the municipality shall meet at the usual meeting place and shall be installed.
It is unethical for the old council to hang on to power beyond the election. The new council should be installed and should act on any business items after the election. Sadly, this seems like the petty power games of two years ago when Mayor Martinez held on to the office after Lanman had been elected. Lanman has seen this game before when it was used against him. Now he allows the game to be used on the next mayor. The more things change, the more they stay the same.
I wonder how the new council feels? The administrator is depriving them of their legal right to take office ASAP after the election to let the old guard conduct more business. Sauceda knows how to welcome the new council!
As a special meeting, four council members are required to conduct business. No quorum is required to install the new members of the governing body.
The great thing is that we get another mayor's report (though he has plans to be elsewhere) and another round of council member comments to implore the new council to do what the old council wants. And of course, we get another administrator's report. Viva La Vista!
I've heard a rumor about the police department that I have not confirmed, but hey, this is a blog and not a newspaper! I heard that a reserve officer was hired by the acting police chief over the weekend without Sauceda's involvement, and that the reserve officer is the nephew of the acting chief.
Chapter 573 of the Texas Government Code states:
573.041. PROHIBITION APPLICABLE TO PUBLIC OFFICIAL. A public official may not appoint, confirm the appointment of, or vote for the appointment or confirmation of the appointment of an individual to a position that is to be directly or indirectly compensated from public funds or fees of office if: (1) the individual is related to the public official within a degree described by Section 573.002;
Section 573.002 defines the scope of relationship as "third degree by consanguinity" which includes nephew.
[UPDATE]
For those interested in reading more, take a look at this Attorney General opinion from 2001 when Senator Cornyn was Texas Attorney General. The opinion states, "A public official may not promote his or her nephew to a position compensated from public funds if promotion requires the official to finally select the person who will fill the position. See TEX. GOV’T CODE ANN. 8 573.041 (Vernon 1994). You ask whether a police chief may promote his nephew to the position of lieutenant, where the promotion requires the chief to select among three qualified persons.’ He may not."
So if the rumor is true, it is a serious matter. But this was not important or timely enough for Sauceda to put on this special meeting agenda. For some reason, a last minute deal with Alltel is more important. Hmmm.
[end UPDATE]
I understand that Sauceda wanted to put a lot more on the agenda. He tried to get the Marfa Chamber of Commerce to present a report at this special meeting. Oscar Martinez has lobbied for filling the police chief position before he exits. I guess it was not sufficient to appoint the administrator and municipal judge before they left office.
Sauceda came in after lunch today, Tuesday. He stopped in Alpine to lunch with Oscar Martinez and Dan Petrosky. It seems likely that they discussed city business. I don't know why Oscar would drive to Alpine for a social visit. I don't know if Sauceda discussed business with Gloria Rivera. The Open Government laws of the State of Texas were written to make sure that public business was conducted in public. It sure looks funny when Sauceda lunches with two council members and then posts a politically-charged agenda later in the day.
How long before the long goodbye is over?
posted by RobC at 7:10 PM
14 Comments:
VI. DISCUSS, CONSIDER AND TAKE APPROPRIATE ACTION-APPROVE-CITY OF MARFA EMPLOYEE MANUAL AMENDMENT (S)
"to amend the employee manual...for an employee on sick leave who may be out of sick pay."
& VII. DISCUSS, CONSIDER AND TAKE APPROPRIATE ACTION-AUTHORIZE
ALLTELL WIRELESS LEASE AGREEMENT-CITY OF MARFA MUNICIPAL
WATER "to authorize Alltel to put antennae on the city water tower"
Amazing. Changing the rules for the benefit of one person and committing Marfa to a presumably long term contract on their way out the door. Are they that angry at the citizens of Marfa?
If I understand the situation about the employee manual agenda item, compassion is something that should be considered. But let me make two points:
1) If compassion is in order, just take direct action to be compassionate. Why can't council vote to award extra sick days in a special case? Don't monkey around with employee manuals for a special case situation. Look how Sauceda drove his truck through the loophole of vacation sales that was intended to be compassionate to overworked employees (sorry, you don't qualify for that Flo).
2) The old guard insults the incoming council when they presume that they are the only ones that can properly decide a matter. If an urgent decision is needed, the new council can consider and act.
The election date has passed. The old council's terms have expired. The situation with the employee needing more sick days is NOT NEW. Council has been aware of this developing situation for months but never took action. The Alltel business has been before council already. It was not ready for a contract. It still is not. It should not be on the agenda and only raises suspicions if the outgoing council is eager to work a financial deal with a corporation after the election that ended their terms.
IF this meeting even takes place, there is only one respectful and ethical way to proceed in my opinion. The order of agenda items should be changed to install the new members FIRST. The three outgoing council members are past their "Sell By" date and no matter how good their intentions may be, it is time for them to let the new members take the reins. Anything else is disrespectful of the election process and the citizens.
Sauceda should be ashamed for taking part in these shenanigans. Talk about being past his "Sell By" date...
#1 Amend the Employee Manual - this concerns changes in not only sick pay issues but selling annual leave back to the city.
#2 Authorize Alltel to keep antennae on water tower - every time this issue has come before council, every member has seemed to be opposed to it. they have spoken out against it and kept other groups from having the same rights as Alltel currently has. they don't want it unless the amount is big enough. its the money that matters. if the community doesn't want this unsightly mess on our water tower then they better come out and argue against it because it is starting to look like a done deal. truthfully, the amount being bandied around isn't so huge that we can't do without it. sauceda is telling people that the argument is whether the amount of money is worthwhile to the city coffers or is it more important to keep the tower as a historical part of the area. (financial vs. historical). of course you know where he stands on that issue.
please be at that meeting.
the nephew of the acting chief was indeed hired and both the chief and administrator agree that it is within the law to do this and they are patting each other on the back about this fine decision that's been made.
so, if i understand correctly, if one or two of the current council members don't show up for the meeting, then the business can't take place but the swearing in can. that seems like a fine solution to me!!!
Think about this...Monte Akers gave a wrong ruling and was challenged and changed it. How many other times has he given wrong opinions and NOT been challenged? We need another city attorney.
like his opinion that flo's vacations sales were legal?
Nah, you can bet the quorum stackers already met and agreed who would be there. Might be Gloria's last hurrah. City is probably paying her per diem and mileage to come down.
We are faced with another administrative nightmare. Amend the Employee Manual. That requires changing the wording to reflect the new policy. I guess Monte will have to do that at $$$$.
Source reports that city hall has become concerned over the nepotism. Talked to Monte Akers, the Attorney General, and Bart Medley, the Jeff Davis County Attorney who is Municipal Court prosecutor. Guess they weren't getting the typical pleasing "Monte" answers.
Concerned about nepotism or concerned about getting caught about nepotism? Looks like shopping for the answer they want to hear. Doubt they will find it.
Agree with 5/16 4:21PM.
However, I don't know why they would be concerned, the DA in Ft Stockton wouldn't do anything about it anyway, he would just ignore the nonsense going on down here like always.
If this fellow WERE already hired, and they decided to un-hire/fire him, whether the State Law applied or not, it would be something if he then would have a claim against the city.
Oscar lunching with Petrosky and Flo in Alpine right before a big meeting, Oscar lunching in Ft. Davis with soon-to-be reappointed Municipal Judge Pene Ferguson right before a big meeting....
Just trivia..."The Long Goodbye" a Raymond Chandler novel?
Incidentally, let us not forget that Lanman charged a $300 plus camera to the city credit card last summer, refused to provide staff with invoice, and took it home with him.
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