Commissioners Court – The Good, The Bad And The Ugly

OPINION

By Charles O'Dell Ph.D.

Hays County commissioners’ court saw the good, the bad and the ugly at its regular Tuesday March 11 meeting.

The good included a presentation by Knudson and Associates, the recommended consultant firm to lead the Hays County Connections 2035 Strategic Plan, and court approval of The Trust for Public Land recommendations and proposal to assist with implementation of the 2007 Parks and Open Space bond.

The bad column was much longer. Big issues included an Open Records violation complaint, more problems in the Environmental Health Department, and the court’s decision to keep citizens out of the loop for $19.5 million in new road bonds.

It began in public comment when I presented a copy of the Open Records law (see below) to the court, along with copies of an Open Records violation complaint that I filed with the Office of Attorney General on Monday. I had tried to obtain public records about Precinct 2 Commissioner Barton’s involvement in the Precinct 1 Martinez septic episode Barton created. My violation complaint included an analysis showing the public records Hays County Special Counsel Mark Kennedy failed to produce as required by law.

Then Upscale Trattoria Lisina Restaurant, which opened last summer and is part of the vineyard near Driftwood, was in court asking for a permit to expand its on-site septic system by 45 percent. OSSF Programs Manager, Tom Pope apparently had approved a permit that was undersized by almost half. Precinct 4 Commissioner Karen Ford asked for a full report from EHD Director, Jerry Borcherding.

Finally, commissioners Barton and Conley pushed their $19.5 million anti-citizen proof road bond towards an August issue date. The game is for commissioners’ court to commit $19.5 million this summer so voters will feel pressured to approve a $100 million - $200 million road bond in November. I called the action deceitful and a dishonor to the voters who turned down a bad road bond package last May that was better than the current package. The current TxDOT road package includes portions of Interstate 35 and US 290. Barton, Conley and TxDOT Austin District Engineer, Bob Daigh, claim Hays County and TxDOT officials had an “understanding” that if the May 2007 road bond failed (which it did) that Hays County would reimburse TxDOT for safety work on US 290. Raising our local property taxes during a recession to pay for TxDOT roads makes no sense.

The ugly was the most bizarre action yesterday in commissioners’ court.

It seems the county’s outside counsel was scheduled to attend an 11:30 am executive session to provide a legal update on the Ramus septic permit suit hearing Thursday March 13 before District Judge Robert Pfeuffer. The county is expected to prevail. When commissioners’ court recessed to go into executive session, Commissioner Conley, who supports Ramus, was seen making a telephone call. A few minutes later Jim Green, who refers to Conley as “his son in commissioners’ court,” posted a letter on NewStreamz.com. In his letter, Green asserts to having insider information that the county is preparing to offer Ramus a deal to settle his suit, and that it will be discussed in executive session.

But outside counsel was tied up in a court hearing and couldn’t make the 11:30 am executive session. Opps! Too late. Green had already posted his letter before Conley was informed the executive session was delayed. Conley realized his mistake and had the look of a deer in the headlights all afternoon. As news of the charade spread, outside counsel called Judge Sumter’s office to report that he was on an airplane to somewhere.

The Jim Green scoop letter had turned to poop and everyone knows who was trying to use executive session to influence the Ramus hearing tomorrow.

“Oh what a tangled web we weave, When first we practice to deceive...”
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GOVERNMENT CODE, CHAPTER 552. PUBLIC INFORMATION, SUBCHAPTER A. GENERAL PROVISIONS § 552.001. POLICY; CONSTRUCTION. (a) Under the fundamental philosophy of the American constitutional form of representative government that adheres to the principle that government is the servant and not the master of the people, it is the policy of this state that each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of government and the official acts of public officials and employees. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain provisions of this chapter shall be liberally control over the instruments they have created. The construed to implement this policy.
(b) This chapter shall be liberally construed in favor of granting a request for information.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.