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News Article
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Civility, irony and ethics
By Sito Negron
The meeting of the El Paso County Ethics Commission Wednesday night went off with civility and a bit of irony.
While the storyline the last two weeks has been commission chairman Stuart Leeds’ challenge of the county attorney’s role in advising the body – and one might have expected some sort of fireworks – guess who commission members turned to for advice on issue after issue?
Yep, the county attorney’s office, without which commission members would not even have been able to make motions or vote on numerous items.
This did not go completely unnoticed.
“Tonight has reinforced to me the necessity to have active participation” by the county attorney, said commission member Terry Pasqualone.
His comment came during discussion of agenda item 13, which called the county attorney’s office to request a Texas Attorney General’s opinion on the appropriate role of the county attorney in respect to the commission.
Previously, commissioners had gently spanked Leeds for writing op-ed pieces, appearing on radio and generally leaving the public impression that he was speaking for a commission at war with the county attorney’s office. The comments were measured but muted discordant notes in the three-hour, mind-numbing meeting that focused mostly on procedural issues.
“I was greatly disturbed to see your letter to the editor ... stating positions I don’t have,” said board member David Nemir, who also serves on the Ethics Board, the less-comprehensive predecessor to the Ethics Commission.
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The meeting was the commission in a nutshell. Underneath the civility and the actual work being done – yes, progress – there were rumors of all-out political war. While Leeds said in an interview early Thursday that he was satisfied with the commission’s decision to seek an attorney general ruling and would abide by the result, later that same day, he was on the radio agreeing with an idea by county judge candidate Sergio Coronado.
Coronado said that even if the attorney general agrees that the county attorney’s office was mandated by the state to represent the Ethics Commission, a third party ought to be brought in for the sake of appearances.
Maybe that makes sense, speaking of appearances, since Coronado saw fit to show up and speak at the public comment period Wednesday night, and left right after, not staying to participate or listen to discussion of the actual agenda item.
And so it goes with the commission, which is at the difficult intersection of politics and policy.
Consider the past two weeks: Leeds and his appointer, County Judge Anthony Cobos, cast doubt upon the county attorney’s office; commission member Luis Garcia – a veteran of bureaucracy who ran for county sheriff in 2007 – quit because what he thought ought to be internal workings of the board were turning into public challenges; and Leeds is suing a blogger who commented unfavorably on Leeds’ chairmanship with what many observers think is a weak lawsuit.
But through that, there was and is real work being done, presumably on behalf of the public, although that notion is busily being challenged. While the commission went through extensive public processes – votes on Commissioners Court, the state legislative process, heavy media coverage – there has been no vote, no round of “take-it-to-the-people” community meetings, and there are rumblings that could yet shake the foundations.
The state law creating the body allows for it to be dissolved by a public vote after a year.
Meanwhile, making it work is a Herculean – and so far, somewhat thankless – task, given the history of the commission itself, its proponents and opponents, and the fact that we’re in an election cycle that by the new year is almost certain to break out into an ugly, community-wide brawl.
And given the history of El Paso policy development, where the tradition has been for factions to fight each other to a standstill until very little of significance gets done.
That’s the major reason why creating and establishing the Ethics Commission has been a grind. But really, that’s as it should be. There is a state Ethics Commission, but no comparable county body in Texas.
Former County Attorney Jose Rodriguez, now running for state Senate, said in late September that, “The challenge to us is to do it right, and to be a model for the rest of the state in how we develop our procedures and processes and how we go about investigating complaints and regulating unethical conduct in our county government.”
He added, “We already drew a lawsuit, which is not unexpected at some point.”
The lawsuit is from Carl Starr, a legal activist who argues that a $4,000 fine for a “frivolous complaint” – defined as “groundless and brought for the purpose of harassment” – is too punitive, and “frivolous” too vague.
Wednesday night, although there was a political context and premonitions of minefields ahead, the commission appeared committed to taking up the challenge “to do it right.” It waded through procedural issues such as setting up meetings – the second and fourth Thursdays of the month – and key issues such as whether to adopt the current county code of ethics or develop a new one.
Commissioners decided to create a new one, and until they do, the old Ethics Board that still exists, putting development of ethics rules and the potential taking of complaints right in the middle of the, gulp, election season.
In Nevada, the state Commission on Ethics covers all public officers and employees. It began in 1977 without much teeth or staff, said current executive director Caren Jenkins. “Over the last 30 to 40 years, things have really been distilled,” she said.
One thing not likely to be transferred to El Paso is the absolute restriction on political activities, “which is a really handy thing when people come around seeking campaign contributions,” she said. Ok, seriously, “members of the commission may not participate in a political party or endorse a political candidate or question,” she said. “One seeks to avoid an appearance of impropriety … (they cannot) have what we call ‘a commitment in a private capacity to the interests of others.’ “
She said there will never be a perfect set of rules, “but we have a body of law, case law and opinions that give good guidance. You guys aren’t there yet, you’re brand new.”
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| Art Gallegos - posted: 11/27/2009 3:15:25 AM
As Theresa Caballero stated that Sergio Coronado is a private citizen, I also am a private citizen with no affiliation to attorneys or the foundation of county government except a citizen of the county. Perhaps Veronica Escobar is a busy woman and has the same reason's as Mr. Coronado not to attend the ethics commision. And as to the "many observors" is the majority of the citizens in El Paso County considered observors? Then I fall under that discription, the comment by DK was of public interest it did not disclouse private facts, made of "Fair Comment" it was not snarky with no derogatory implication suggesting bad or rude intention. With all due respect Ms. Caballero I do not want to sound as if I am taking sides, but we do hope that Ms. Escobar runs for county judge. | | Carl Starr - posted: 11/24/2009 8:53:47 AM
I was at the first meet not this second one. But I watched it on streaming video. I agree with the Attorney who said the vague $4000 fine for a frivolous complaint chills the 1st Amendment.
I have thought about the CA advising and agree she can't wear two hats, how can she defend government actors who the ethics commission is investigating? For example I brought a taxpayer civil case against Pasqualone and DRO over SSI Indigents being held in contempt after my research showed federal preemption prohibited this. [SSI not SSDI] In part because of my filing and the Press story on my civil case and issue, a El Paso County court found that one cannot be held in contempt for nonsupport if their only income is SSI. The County Attorney office represented Pasqualone.
I think Leeds suit is interesting, it may seem weak but actually cases on bloggers are few and ripe for U.S. Supreme Court input. David K has said many times he is not the Press, will he rely on Press protections? Albeit most laws that apply to Press also apply to general public with the exception of sources I think. | | lisaT - posted: 11/23/2009 10:43:01 PM
Another Circus and more drama that only hurts the City and County. Oh just in case TC forgot journalists don't name their sources. | | Theresa caballero - posted: 11/23/2009 3:08:50 PM
Missing from the piece is the salient fact that four attorneys, Mario Gonzalez, Sergio Coronado, Mickey Milligan and myself (Theresa Caballero) as well as at least three members of the public took time out of their busy days to speak to the issue of the County Attorney's role vis-a-vis the Commission. To a man, they all vehemently and emphatically stated that the County Attorney needs to bow out and that the Commission should remain independent by having its own legal advisor not drawn from the County Attorney's office or from any other source subject to the code. Each speaker was adamant that the County Attorney stay as far away as possible from the Commission.
Why did Sito not include these powerful and pointed public comments? Not one person from the general public thought the CA should be the advisor.
Sito quotes Commissioner Pasqualone as saying the Commission needs the CA. Why didn't Sito identify Pasqualone as being a long-time, recently retired, employee of the county? He is hardly an unbiased source. Sito quotes Commissioner Nemir as criticizing Leeds for writing op-eds, which he is within his full rights to do, calling for the removal of the CA from advising the Commission, but does not identify Nemir as being the husband of Sidney Nemir, high-ranking, long-time assistant county attorney. How is that not important information?
But Sito does note that Sergio Coronado made his comments and did not stay. Why is Coronado's not staying important to the story? Coronado is a busy man running for county judge and running a private practice. Why should he stay? perhaps the answer lies in the fact that Sito is a long time ally of Commissioner Veronica Escobar. It is also well known that she plans to run against the same Coronado for Cnty Judge. Could that be the reason for Sito's negative, biased comment against Coronado? And while Sito is pointing out that Coronado, a private citizen, bothered to attend but did not stay, why didn't Sito write that Commissioner Escobar, a so called public servant, didn't bother to come at all and the meeting is two doors down form her office? What is she so busy doing?
Sito writes that Leeds is suing a blogger and "many observors" think it is a weak lawsuit. Who are the many observors? Name them. What kind of journalist is too weak to name his source(s)? Why not write that many, (and you can name me and attorney Doris Sipes) think it is a worthy lawsuit and that hard-nosed, well respected, local attorney with decades of experience in private practice and experience in defamation lawsuits, DORIS SIPES, put her name on the lawsuit and will be investing her own time and money into it. That dedication speaks for itself as to the merits of the suit. | |
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