By Charles O'Dell, PhdResponsible public rules are the foundation of our civilization and the structure for our individual freedoms. Without the rule of law we are left with anarchy and survival of the strongest and the most cunning.
We wouldn’t think of raising our children without rules of behavior as they learn to interact with others. No hitting. Share your toys. Tell the truth. These are rules of our childhood and they prepare us to be good citizens who are capable of self government.
Our forefathers established a government deriving its just powers from the consent of the governed, and we periodically elect others to represent our collective interests and to protect our individual freedoms.
Consider how our every day public rules create civilized order and protect our individual freedoms. A nuisance ordinance protects neighboring property values and the public health from irresponsible behavior. Without speed limits on our roads there would be no impediment to widespread irresponsible and reckless drivers. Without authority to establish a burn ban, one property owner could imperil the lives and property of others with impunity. Our subdivision rules and building codes protect the unsuspecting and uninformed from predatory behavior.
Administration of our public rules creates opportunity for special interests. These are the interests who attempt to benefit from public projects.
Who are these special interests? In simple terms, they are the individuals and firms who contribute to election campaigns and then benefit financially from publicly funded contracts and purchases. Here is one example. There are many more.
James Dannenbaum, President of Dannenbaum Engineering in Houston, hired Bill Burnett (son of PEC Bud Burnett) while Burnett was Hays County Precinct 3 Commissioner. Will Conley was campaigning to replace Burnett as Commissioner and Burnett organized a fundraiser for Conley. James Dannenbaum had contributed to Burnett’s campaign and contributed thousand of dollars to Conley’s campaign. Conley took office in January 2005, and the next year sponsored a commissioners’ court transfer of $5 million from the 2001 county road bond to jump-start the TxDOT Pass-Through Financing of three state highways. Dannenbaum Engineering received a contract for $1.2 million. Burnett had finally delivered on James Dannenbaum campaign contributions.
But two members of that court majority were replaced in the 2006 election, leaving Conley as the sole supporter of having our local property taxes finance state roads. Newly elected Precinct 2 County Commissioner Jeff Barton joined Conley and they got a $172 million bond on the May 2007 ballot to expand two state roads and build a new state road benefiting a San Marcos developer who had contributed to Conley’s election campaign. County voters defeated the road bond.
Not deterred by the voters, Barton/Conley negotiated another, more expensive Pass-Through Plan that now includes parts of I-35 and US 290. Barton plans to have another large road bond on the ballot for the November general election.
To ensure passage of his November road bond, Barton/Conley got a court majority approval to issue $19.5 million in limited tax bonds that are not subject to a citizen petition requiring voter approval. In November Barton can say to voters, “$19.5 million has already been spent, it would be foolish not to approve another $100 - $200 million to complete the job.”
Circumventing voter decisions is a fundamental attack on our democratic processes. In Barton’s case, it may also be criminal.
The Open Meetings Act requires governmental bodies to publish their agenda at least 72 hours prior to a meeting involving a quorum of elected officials. Each agenda item must clearly describe what is to be discussed so that a reasonable person would understand. Moreover, the law admonishes and the courts have confirmed that the more important the issue is to the community the more specific the agenda language must be.
Barton’s February 12, 2008 agenda language and his backup material to that agenda item was so general that he had to spell out in a special email sent to his supporters what his real intention was: to make a specific motion for a limited tax road bond.
HaysCAN filed a documented open meetings violation complaint with the Hays County District Attorney because violating the Open Meetings Act is a criminal offense.
Without the rule of law we are left with anarchy and survival of the strongest and the most cunning.
If the outlook for higher property taxes and a renegade commissioners’ court offends you, then contact your elected officials and say that you expect them to obey our laws and to honor our voters.
County Judge Liz Sumter lizsumter@co.hays.tx.us (512) 393-2205 Precinct 1 Commissioner Debbie Ingalsbe debbiei@co.hays.tx.us (512) 393-2243 Precinct 2 Commissioner Jeff Barton jeff.barton@co.hays.tx.us (512) 262-2091 Precinct 3 Commissioner Will Conley will.conley@co.hays.tx.us (512) 722-3445 Precinct 4 Commissioner Karen Ford karen.ford@co.hays.tx.us (512) 858-7268
