Guilty of Fiduciary Malfeasance? Steve Ortega, Susie Byrd, and Cortney Niland Cause $3 MILLION Dollar Budget Shortfall

Steve Ortega, Susie Byrd, and Cortney Niland Cause $3 MILLION Dollar Budget Shortfall

$9 MILLION Dollar impact in Financial Damage to City

Fiduciary - A fiduciary duty is a legal duty to act solely in another party's interests. Parties owing this duty are called fiduciaries. The individuals to whom they owe a duty are called principals. Fiduciaries may not profit from their relationship with their principals unless they have the principals' express informed consent. They also have a duty to avoid any conflicts of interest between themselves and their principals or between their principals and the fiduciaries' other clients. A fiduciary duty is the strictest duty of care recognized by the US legal system. (Legal Information Institute).

Malfeasance - wrongful and unlawful conduct, especially conduct by public officials which interferes with their public duties (Black's Law Dictionary).
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by Jerry

An email obtained via the Texas Open Records Act and posted at Chucoleaks.org shows that City Representatives Steve Ortega, Susie Byrd, and Courtney Niland knew on August 24, 2012 that the Western Refinery Property Tax appraisal would be between $216 to $280 million dollars. Even though they knew this  -- they kept it quiet.  

CLICK TO ENLARGE

 

As a result, this caused a $3 MILLION Dollar Budget Shortfall with a $9 MILLION Dollar impact in financial damage to the City, damage harming all El Pasoans.

 

Who Knew What and When?

Dinah Kilgore stated that she met with ALL the taxing entities in July 2012 and informed them not to count on the Western Refinery property tax money from the $780 million dollar appraisal.

 

Rep. Suzie Byrd

On August 24, 2012, Susie Byrd forwarded an email to Steve Ortega and Courtney Niland stating that the Central Appraisal District (CAD) board will not allocate funds to go to court and instead will negotiate a settlement with Western Refinery and the expected property tax appraisal would be between $216 to $280 million dollars.

 

Byrd attributed these statements to a conversation with Dinah Kilgore, Director Central Appraisal District proving that Dinah Kilgore is telling the truth about giving the City notice.

 

Steve Ortega, Susie Byrd, and Courtney Niland KEPT THE SHORTFALL QUIET!

 

Gary Hanson spokesman from Western Refinery stated his company notified all the taxing entities not to count on the $780 million dollar appraisal.

 

Furthermore, are we really expected to believe that the City Manager Joyce Wilson and Chief Financial Officer Carmen Arrieta Candelaria were not informed by both Dinah Kilgore and Western Refinery, but Susie Byrd was????

 

Could the Budget Shortfall Have Been Prevented?

 

Absolutely!

 

Photo obtained via Occupy City Hall

City Manager Joyce Wilson and the Chief Financial Officer Carmen Arrietta Candelaria had a responsibility to amend the budget and submit a truthful accounting of expected property taxes in July 2012 when notified by both Dinah Kilgore and Western Refining.

 

Steve Ortega, Susie Byrd and Courtney Niland could have prevented this from happening in August 2012 at the beginning of the budget year. Ortega, Byrd, and Niland had a responsibility to post an agenda item to review the impact on the budget rather than “keeping it quiet” until May 2013, the last quarter of the budget cycle when the budget shortfall would have triple the impact.

 

Who gets Harmed?

As a result of “their secret,” Steve Ortega, Susie Byrd, and Courtney Niland have harmed every person in the City.

 

Yes taxpayers, you will have to make up the shortfall in higher taxes or lose services.

 

What are the Financial Damages?

 

The expected financial impact is between $11.3 to 17.3 MILLION Dollars in budget shortfalls countywide.

 

KVIA reported Western Refinery CAD settlement leaves budgets short

You can read the KVIA story here

http://www.kvia.com/news/western-refinery-cad-settlement-leaves-budgets-short/-/391068/19981276/-/ep9bc0z/-/index.html

 

The Western Refinery Property Tax Settlement is expected to cost in budget shortfalls:

§  The City $3 million dollars and an actual impact of $9 million dollars

According to Mayor Cook with only a quarter of the year left that $3 million triples to a $9 million dollar impact on the city budget.

To put it in perspective, the City only keeps a $16 million dollar reserve fund and they want you to lower that in the Charter Amendment Propositions!

§  The County $1.7 million dollars

§  The El Paso Independent School District $5.3 million dollars

§  The El Paso Community College $500,000

§  The University Medical Center $800,000

 

The Convenient Scapegoats: Central Appraisal District Board (CAD) and Dinah Kilgore

 

Steve Ortega had no response which is no surprise since he thinks he answers to no one.

 

Amazingly, Susie Byrd’s response to the KVIA story regarding CAD was "It's almost

like they make this stuff up," City Rep. Susie Byrd said.

 

 Geez “It’s actually like Susie Byrd is completely lacking in both honesty and integrity.”

 

Courtney Niland has “volunteered” to sit on the Central Appraisal District (CAD) Board and “vowed to do what she can to prevent something like this from ever happening again.”  

 

Newsbreak to Niland! Your oath of office is a “vow”!

 

You had a responsibility to take steps to prevent this in August 2012. Do you really expect us to believe your “vow”?

 

Vote INFORMED EL PASO  - It’s time to Clean Out a Corrupt City Government!

Do you really think Steve Ortega is fit for public office much less Mayor?

 

Do you really think Susie Byrd is fit for public office much less an EPISD school board trustee?

 

Do you really trust Carmen Arrieta Candelaria to “fix” the problems at EPISD by serving on the EPISD Board of Managers?

 

Are you tired of being scammed for millions of dollars by City Manager Joyce Wilson?

 

Steve Ortega, Susie Byrd, and Courtney Niland should resign or be removed from office immediately by recall or fiduciary malfeasance. They should NEVER be allowed to run for elected office again.

 

Joyce Wilson and Carmen Arrieta Candelaria need to shown to the door.

Kids First Reform EPISD Now PAC: What’s Wrong and What’s White

 

Kids First Reform EPISD Now PAC: What’s Wrong and What’s White

Where Are All the Brown People: PAC has trouble even attracting Steve Ortega types

by Ben

The recent low-attendance of forums hosted by Kids First Reform EPISD PAC may be a clue how out of touch they are with people of color. Of course you remember, this is Susie Byrd and Elliot Shapleight's PAC trying to put Byrd on the EPISD school board among others.

 

However, a much better clue is their financial report filed with the Texas Ethics Commission.

 

Out of the 52 people listed as donors, only 6 appear to be Latino. Now we are basing this on the number of Hispanic surnames found in their financial report: five (5) which we counted (we counted 47 White surnames), and one surname whom we know the person is Latino despite the last name. So let’s do the math, that’s only 11.32 % of Kids First donors are Latino (out of the more than 80% Latino make up of El Paso).

 

Wow!

 

Kids First huh?

 

Who’s kids?

 

Definitely not 87% of the population of El Paso who are Latino -- not their kids.

 

What is 11.32% closer to? Who? We get it, the 14.2% make up. Which group is that: yes, Whites.

 

What Side of Town do Kid’s First Donors Come from

 

Certainly, Kids First has walked the barrios to make sure their organization is diverse.

 

70.5 % of Kids first donors live on the Westside

 

·         One donor lives south of I-10

·         One donor lives in Memorial Park

·         Eleven donors live in the North East (21.5%)

·         Four live in the Burges area

 

So much for diversity!

 

Gandalf the White

Paso del Norte Group/Borderblex Alliance Membership Cross-References

 

However, if you are trying to get a bigger percentage, look no further than whom the PAC donors are and how many of them are members of the PDNG.

 

Now, we may be using an old membership list. Some we could not find on the roles. But for people like former Assistant City Manager Debbie Hamlyn (known to be a terrific friend of people of color), we know she worked for PDNG or one of its affiliated entities during the stadium debacle (just a few day after her retirement we’ll add). There is also Tracy Yellen of MyrnaDeckert & Associates,* but not found the PDNG lists. We did not find her on the membership list, but she might as well be.

 

Edward Escudero

Perry Fienbert (Stephen)

Carol Glicrease (Paul)

Leanard "Tripper" Goodman (yep, the stadium guy)

Frank Gorman (Patrick)

Jimmy Janack

Frank Gormans

Robert O’Rourke (Beto O'Roarke)

Melissa O’Rourke (daughter of Bill Sanders)

Eric Peirson if he’s the same guy in Peirson and Peirson

Deberah Kastrin

Pearson and Pearson (Eric)

Tracy Yellen

JoAnn Casey

Michael Wenolt

 

That’s 29.4% of Kids First donors are PDNG members.

 

 

* Deckart is a co-founder of the PDNG and former executive director

Vote “Against” Proposition 5 - City Manager Controls Auditor and Kangaroo Court Justice

Vote “Against” Proposition 5  - City Manager Controls Auditor and Kangaroo Court Justice
Even Captain Kangaroo Embarrassed by City Manager's Idea of Ethics Review Commission

What does it do?

• Establishment of Financial Oversight and Audit Committee in the Charter
• Grants the Ethics Review Commission the power to assess monetary fines in addition to sanctions
• Establishment of an independent internal audit function in the Charter
• Creates dual reporting for internal auditor
• Internal auditor shall be appointed and removed by the City Manager with the approval of City Council.           

Creates “kangaroo court”

This amendment would create a new ethics commission which is essentially a “kangaroo court” with the power to impose fines and sanctions. The effect is to discourage the filing of ethics complaints against public officials.

Dangerous Power Shift for Financial Oversight

It gives the City Manager control of the hiring and firing of the city’s auditor. You heard it -- Joyce Wilson will be able to fire the guy who audits her -- and to choose someone of her like mind to replace him or her.

As seen in the email below, obtained via www.chucoleaks.org, City Manager wants Lorenzo Garcia-like power over the Internal Auditor. Basically, if she does not like what she sees, out the door.

Click to Enlarge

Click to Enlarge

Is Tania Chozet Just Steve Ortega in a Skirt?

 

Is Tania Chozet Just Steve Ortega in a Skirt?

District 7 Candidate Strangely Resembles Steve Ortega; Comparisons Frightening

 

by Ben and Jerry

 

Chozet claims as the Precinct 3 County Commissioner, she devoted herself self full-time to her constituents and served with honesty and integrity. 

 

In the entire 9 months that Tania Chozet occupied Precinct 3 she never once initiated a community meeting with “her constituents.”  According to constituents who addressed her at Commissioners Court, she was rude, denigrating, and refused to listen. Sound familiar?

 

No honesty there

In true Ortega style Chozet appears to have struck a quid pro quo deal in exchange for support from the former Yucca Neighborhood Association President who is also supporting Ortega?

 

On her website, she states she will work hard to ensure the new recreation center near Yucca Park is delivered on-time and within budget.

 

Chozet is ignoring residents before she’s even elected.

 

Many more residents want the recreation center on North Loop around Lomaland Park because it serves more people who do not have a center.

 

Carolina Recreation Center is within walking distance of Yucca Park, actually on the same street. Why build something so close?

 

Furthermore, Yucca Park already has another bond project.

 

No integrity or community inclusion there

 

Chozet claimed as Precinct 3 County Commissioner she was the driving force behind a collaboration with the City of El Paso for Mission Trail planning.

 

Truth is there are multiple Mission Trail Plans – none of them generated by Chozet.

 

Apparently “The Plan” was to decide on one of multiple existing Mission Trail Plans. 

 

She circumvented Representative Eddie Holguin who actually represents part of the area and made a joint announcement with Steve Ortega who represents no one.

 

Nothing happened beyond that announcement.

 

Chucoleaks email shows no one else seemed to be aware of a “collaboration.”

 

 

No honesty, integrity or community inclusion there

 

More than half of Chozet’s campaign contributors are the same special interests that fund Ortega. For an attorney that worked for the ACLU, this is a 180. Her funders are heavily Republican and heavily Paso del Norte Group(PDNG)/Borderplex Alliance members (see financial report on file with Municipal Clerk, City of El Paso). What a disappointment!

 

The Sheriff claims she was better than the previous commissioner.

 

How high is that standard? The previous commissioner was convicted of drug dealing!

 

The County Judge claims she has the heart of a public servant. No surprise there, since Chozet rubber stamped the County Judge’s raise.

 

Like Ortega, apparently Chozet is an unemployed lawyer still living with her parents (see address listed on financial report and Central Appraisal District)(Ortega lived with his parents when he first ran). Now like Ortega, she has decided to become a career politician. Now, it's no sin to live with your parents, but at this stage no incumbent city council member lives with their parents -- even Ortega. She has no financial investment in District 7: does not own a home and does not rent a home or apartment.

 

Chozet with Rep. Suzie Byrd (right) at Steve Ortega for Mayor Rally. County Judge Veronica Escobar on stage.

 

 

Can District 7 really afford 4 more years of arrogance with no representation, no honesty, and no integrity from someone with no financial investment in District 7?

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The majority of Tania Chozet's campaign donations came from15 PDNG members:*

PDNG $13,700

PSB Board Members $800

Ortegas family $400

 

PDNG

Bill Sanders $2,000 – co-founder

JA Cardwell $2,000

J Robert Brown $2,000

Kirk Robison $2,000

Bob Hoy $1,000

Steve Fox $1,000

Ginger Francis $1,000

Rick Francis $1,000

Steve Hoy  $500

J.O. Stewart $500

Gary Hedrick $250  -

Myrna Deckert $250 – co-founder and former executive director

Jody Casey Feinberg $100

Deborah Kastrin E100  (Sister is one of primary people pushing for lower valley port of entry)

 

PDNG $13,700

 

PSB Board Members

Maria Teran $500

Ed Escudero $300

PSB Board Members $800

 

Ortegas Family

Marc Cioc Ortega $100

Lina Ortega $150

Roberto & Sylvia Ortega $150

 

Ortegas family $400

  

Anna Aleman $100 – executive director of FEMAP the Guadalupe de La Vega

Jessica Anna Cabot $300

Anna Cabot $100

Tracey Yellen $250 – associate of Myrna Deckert in MJD & Associates and Veronica Escobar and Suzie Byrd

Rosemary Neill $100

Eddie Sosa $100

Gloria and Charles Ambler $100

Katherine Brennand $100

Sofia Appleby $100  - executive director of Community Scholars

Veronica Escobar $100 (Ortega Friend)

Michael Wyatt $100 (Ortega friend)

Selena Solis $100 (married to Joel Guzman who is employee of Hunt and Ortega friend)

 

*Tania Chozet Financial Report

Vote “AGAINST” Proposition 4: Council wants you to pay them 2 salaries for arrogance and a part-time effort

Vote “AGAINST” Proposition 4: Council wants you to pay them 2 salaries for arrogance and a part-time effort
City Uses Faulty and Deceptive Logic for Justifying Raises

Currently, the City Charter states Council’s “base salaries are increased by a percentage equal to the percent increase of the general salary adjustment, if any, given to the classified employees in the general services effective as of the date designated in the budget resolution.” This means that base salaries are increased by the same percentage the classified employees receive.

Council just received a 5% raise:

• Representatives to $30,450 and the
• Mayor to $47,250.

If this proposition passes, beginning in 2015, the annual salary of the city representatives would be increased to the H.U.D. median income for a family of 4 for El Paso County which is $50,500 and the Mayor’s salary would be 150% of that.

The Actual Numbers based on the 2013 HUD rate

The Mayor’s salary would increase 59% from $47,250 to $75,000 -- a $28,500 raise!

A Representative’s salary would increase 66% from $30,450 to $50,500 -- a $20,050 raise!

In 2015, the HUD rate will likely increase, so salaries will be higher.

Faulty Logic

The City says the idea behind the proposition is to pay the mayor and representatives enough while they are in office so that they can support a family without having another job.

The H.U.D. median income for a family of 4 is an inappropriate salary rate because it is for 2 earner households (for example 2 people, not individuals). Also, it is for a 40-hour work week, not a part-time, if I feel like working, mentality that plagues City Council. 

It is an absolute falsehood to portray the Mayor and the individual representatives as the sole supporters of their families.

Two income households are the norm for most families across the United States. As you will see below -- the majority of council are not the primary providers in their households -- and most are well above the median income level.

Based on the City’s logic, if married, a council member’s spouse would need to make at least $20,050 per year. If single, then they are already above the median for a single individual at $30,450.

So what are their household incomes? Do They Really Need a Raise??

Steve Ortega’s spouse is COO of Del Sol Hospital and is the primary provider of the household with a combined household income well above $100,000

Susie Byrd’s spouse is an ESL teacher and is the primary provider of the household with a combined household income at or above $60,000

Cortney Niland’s spouse is a business owner and is the primary provider of the household with a combined household income at or above $60,000.  

Ann Morgan Lilly’s spouse is a businessman and is the main provider of the household with a combined household income at or above $60,000

Eddie Holguin’s spouse is an attorney with a combined household income at or above $60,000.

Emma Acosta and Carl Robinson are single to our knowledge and both above the median income at $30,450.

Not sure what Dr Noe’s spouse does and who cares. Dr Noe maintains his private practice and reportedly puts in about 15 hours a week for the Tuesday meeting and the occasional special meeting. His City Representative salary is supplemental income and his household income is at or above $60,000.

 

 

Do they deserve a raise?

Dr Noe is the best example of why salaries should not be raised. There is no prohibition of private sector employment.

The current Charter already prohibits public employment and holding another public office. Steve Ortega thumbed his nose at the Charter and worked as an instructor (public employment) at EPCC anyway. The administration and City did not enforce their own Charter.

Mayor and Council will continue to treat the position as part-time no matter what they are paid because there is no enforceable provision or accountability measure to require they work full-time and actually earn the salary.

 

Unlike the private-sector, the public is very limited in its ability to fire them for poor performance short of recall, filing a court complaint, or pray someone better runs in 4 years.

Think about it, there is NO time clock for city representatives. They cannot get fired if they work less than 40 hours a week, or in Dr. Noe’s case 15.

Higher salaries do not attract more qualified candidates.  We are not speaking about all current city council members, but this  city council attracted people with higher education but very limited earning potential in the private sector, weak work ethic-seeking status, power and influence with little if any respect for the public.

Protect the Integrity of El Paso’s City Charter. Vote AGAINST ALL 9 Propositions.

 

 

Vote “AGAINST” Proposition 3: Bars in your neighborhood - Bar Patrons parked on your street

Vote “AGAINST” Proposition 3: Bars in your

neighborhood - Bar Patrons parked on your

street

Is the San Francisco Historical District the Target for Prop. 3

 

This proposition is very deceptive because it requires voters to be familiar with future zoning changes. For that reason alone, voters should shoot this one down.

Currently the Charter prohibits the sale of alcoholic beverages in residential sections of the city.

What this Proposition Does?

It clarifies that the prohibition against the sale of alcoholic beverages in “residential districts” does not apply to mixed use areas

What and Where are mixed use areas?

There is no mixed use zoning per se, there is General Mixed Use (GMU) which serves the community and typically found on larger corridors like Mesa, Montana, and Hawkins and Residential Mixed Use (RMU) which is considered neighborhood serving, is in or adjacent to neighborhoods, and allows reduced parking because they use off street parking.

Sale of alcoholic beverages would be allowed in both the RMU and GMU.

RMU zoning would have bars in or directly adjacent to established neighborhoods as well as bar patrons parking on neighborhood streets.

GMU would allow bars along corridors like Hawkins.

Isn’t this one of the problems Cielo Vista residents had with a bar on a major corridor and intersection at Montana and Hawkins?

This proposition would have horrible impact on established neighborhoods because most homeowners do not want bars in close proximity to their homes and they have made this clear more than once.

What is the City’s “Storyline”?

The City claims it is for “SmartCode” like the Montecello which may be ok because it is new and can be designed appropriately. Plus potential homeowners know before they buy there will be bars in their neighborhoods.

Unfortunately for those areas being rezoned “SmartCode,” some unfortunate resident could end up with an RMU and a bar next to their home if the owner rezones.

Since RMU and GMU are not specific to “SmartCode” it will effect all neighborhoods across the City where RMU is allowed, which is all neighborhoods.

El Paso is already among the cities in the U.S. with the highest density of bars per capita (Source).

Where do the powers that be really want to put a bars?

I looked at various places around El Paso and one stood out: The San Francisco Historical District.

Why? Currently everything around the stadium to be is not zoned so that you can serve alcohol. The nearest bar going east is SOHO. Going east is the Camino Real. And west is the Union Depot District. That may be a long walk for some to get a drink. Being a historical district, the city cannot tear it down, but they can do the next best thing – turn the neighborhood into bars.

Protect the integrity of El Paso’s Charter – Vote “AGAINST” All 9 Propositions

Comadres at the Wall: Chisme and Rumors - PDNG Source Talks of Ortega Campaign's Black Cloud Campaign

Comadres at the Wall: Chisme and Rumors

1. A Paso del Norte Group (aka Borderplex Alliance, PDNG) source told us last week that the Ortega campaign was sweating because Oscar Leeser had taken the lead, so the Ortega campaign was starting a "black cloud" campaign.

We don't know of any polls out there, but apparently the Ortega campaign and their PR group, the El Paso Times does. However, what happened in the past week was an attack against candidate Robert Cormell.

In yet another inaccurate story by Cindy Ramirez in the El Paso Times, she accuses Cormell of owing taxes. The truth is Cormell does not owe back taxes. In 2012 Cormell and his wife bought a craftsman home built in 1910 that was condemned by the City in 2007, invested $20,000 in a 6-month restoration, and tripled the home’s value on the tax roles. As part of the purchase agreement, he agreed to pay off the previous owner’s tax debt, which is how tax sales work.

 

FYI to Ramirez -- a purchase agreement is like a mortgage – very few people pay cash for a house. So thanks to the Cormells, an original El Paso home is restored (remember the McFall Mansion), the City gets someone to pay the previous owner’s debt, and a home is on the tax roles at triple the original value.

 

And the El Paso Times wants to vilify the Cormell’s?

 

No wonder El Paso has a hard time getting good people to run for office. You can check out the amazing before and after pictures here www.facebook.com/robertcormellformayor/photos_stream.

The only thing we can suffice is that Leeser and Cormell are running first and second and the Ortega camp is feeling the heat that their candidate will not make the run off. For that reason, they are attacking Cormell. Now we don't know for sure who is 1 or 2, but go figure.

 

You would think El Paso Times would be more concerned with Union Pacific’s timely campaign donation to Ortega and his vote to close railroad crossings. 

 

2. Some have reported to us that at the El Paso High School debate of El Paso Independent School District (EPISD) trustee candidates, Bob Geske derogatorily referred to Native Americans as "Indian Chiefs." If anyone has video of this, please post to Facebook.

 

Also of interest was that Geske does not speak Spanish, yet he wants to represent EPISD District 1 which is highly Spanish speaking. It's interesting that Geske spoke of transparency and is running on the same slate as Susie Byrd. Scary!

 

3. A comadre at City Hall, oh wait, El Paso Times Building/City Hall told us (wait for it), the stadium is actually too big for the site. Duh!

 

4. Although the Texas Education Agency investigated EPISD Lorenzo Garcia twice and cleared him twice, it seems they want to shift the blame to the EPISD trustees.

 

Even the commissioner Williams misrepresented the EPISD board saying that it was made up of 4 Mexican Americans and 3 Whites. It actually has 5 Mexican Americans.

 

This is very different from the Texas State Board of Trustees. It is made up of 15 members, 5 being Democrat and 10 being Republicans. Of those 5 Democrats, 3 are Mexican American, and 2 are African American. All the Republicans on the board -- the other 10 -- are White. Hey, that's the color they want to paint the EPISD board -- again.

 

5. We thought that Dr. Judy Castleberry, the TEA-appointed "conservator" was part of the daily goings on at EPISD. We were way off on that one.

 

She only comes to El Paso for EPISD board meetings. What is she conserving?

 

6. Blanca Enriquez, who is one of the appointed "managers" does not live in EPISD. She lives the Socorro Independent School District, from what we hear.

 

7. One White Westsider commented that Castleberry is even more out-of-touch than White Westsiders. Now, don't get on us westsiders -- we are just delivering the message.

 

8. Back to Judy Castleberry, we hear that big meeting where the hundreds and hundreds of people showed up, she wanted them to pick a representative to talk instead of them going to the mic one-by-one. She was steadfast. The board told her it was their policy to let everyone speak, even if it took hours. Castleberry finally relented when the board told her that they would announce her decision on the mic for the multitude to hear. She changed her mind fast.

Did anyone get this on camera?