El Paso D.A. Jaime Esparza Requests Texas Rangers Investigate Baseball Stadium Open Meetings Act Violations

Above, Yesterday, El Paso District Attorney announces investigation into
Southwest University Park baseball stadium Open Meeting Act Violations.

El Paso D.A. Jaime Esparza Requests Texas Rangers Investigate Baseball Stadium
Open Meetings Act Violations
Current and Former City Council members Cortney Niland, Michael Noe, Suzie Byrd, Steve Ortega, Ann Morgan Lilly to be Investigated

by Satira Sinverquenza
Associated Mess

In a press conference Friday afternoon, El Paso District Attorney Jaime Esparza announced that he has asked the Texas Rangers to investigate what he think are Texas Open Meetings Act violations during the baseball stadium push by El Paso City Council back in 2012. He also announced the formation of the White Crime Unit in his office.

Above, former City Council representative Steve Ortega and former City Manager Joyce Wilson 
conspire to violate the Texas Open Records Act and run a "Walking Quorum."

 

Although the violations go back to 2012, Esparza is optimistic that an investigation will find violations. Email disclosed to the public via www.chucoleaks.org, showed multiple actions by the named city council member to circumvent the Texas Open Meetings Act and maintain a walking quorum.

A “walking quorum” is a series of gatherings among separate groups of members of a governmental body, each less than quorum size, who agree, tacitly or explicitly, to act uniformly in sufficient number to reach a quorum.

City Rep. Cortney Niland emails stadium supporter Rick Harrow in which she sets up a "Walking Quorum."

 

DA Esparza’s sudden interest in public corruption has pleased many open government advocates in El Paso like City Attorney Silvia Firth and former City Manager and supervillain Joyce Wilson.



Above, Steve Ortega in this email says he "has the votes" implying the City Council had done a
secret vote. Reps. Niland, Noe, Acosta, Byrd, Lilly would eventually vote for the baseball stadium.

Recently escaped from Arkam Asylum, and speaking from her office at El Paso’s Workforce Solutions Upper Rio Grande, where her position was conveniently set up for her after she was rejected as a city manager candidate from several cities, Joyce Wilson said she is proud of Jaime Esparza but has her doubts due to Esparza's record of investigating public corruption.

“I hope he looks into my dealing facilitating these violation of the Open Meetings Act back in 2012,” say Wilson. “What does a villain have to do to get caught in this down? This town deserves a better class of criminals and I'm going to give it to them."

Above, Former El Paso City Manager Joyce Wilson at Texas Workforce,
who recently escaped from Arkam Asylum, doubts Esparza's crime-fighting abilities.

 

Esparza deflected criticism that he has been soft of political corruption, but did admit he had not been as aggressive with Open Meeting Act violations by former and current city representatives Ortega, Lilly, Byrd, Niland, and Noe.

When asked why he did not ask the Texas Rangers to investigate City Council member in 2012 when with the baseball stadium, Esparza admitted that the baseball issue concerned the rich and powerful in El Paso and the recent scandal involves the poor and people of color.

"This will not happen again in El Paso," said the D.A., "Because I'm the hero El Paso deserves, but not the one it needs right now."

To help his office learn of political corruption and Texas Open Meetings Act violations, Esparza proposed a search light be illuminated on top of the city hall building to call him to investigate corruption.

Above, EPPD pose with "Corruption Signal" which will
alert El Paso D.A. Esparza to City Council corruption

Should citizens feel the El Paso City Council is violating the Open Meeting Act or Rep. Claudia Ordaz is receiving phone texts from County Commission Vince Perez during City Council meetings, or she is not living in the district she represents, they can go atop the City Hall building and light the "Corruption Signal."

 

Above, "Corruption Signal" as it will appear illuminated
in El Paso's night sky (Photo Courtesy the District Attorney Office.)

 

When asked if he had some bias that may have prevented him from prosecuting or asking the Texas Rangers to investigate the City representatives who voted for the baseball stadium back in 2012, Esparza said he hold no bias.

 

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.