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When contacted Thursday, Marra said that none of the officials violated the Texas Open Meetings Act by exchanging text messages about city business. “We were all pretty careful with whatever texting was going on … we’re allowed to discuss city business one-on-one,” she said. The act says that a quorum cannot hold an unposted meeting to discuss city business, she said. In Harlingen three commissioners must be present to constitute a quorum.
READ: CITY TEXTING: Now an open record - Valley Morning StarREFER TO THE CITY COMMISSION AGENDA BELOW TO UNDERSTAND THE FOLLOWING PROPERTY PHOTOGRAPHS
Ms. Jo Rae Wagner owner of the Reese Project was appointed by Mayor Chris Boswell to serve on the Harlingen Airport Board in January of 2008 and her term will expire January 2013.
The REESE (Jo Rae Wagner) Condo/Restaurant Project
Lots 17 and 19, Block 59, Owned by City of Harlingen, Next to Feldman's Liquor Store, just North across street from the Reese Project
Lot 12, 13, and 14, Block 69, The Harlingen Water Works Parking Lot, just South of the Reese Project
The Toler Property Lot owned by City of Harlingen, Adjacent to the Water Works Lot, Just Southwest of the Reese Project
Lots 19-24, Block 70, The Compass Bank parking lot Owned by the City of Harlingen, across the street to the east of the Reese Project
Robert's Rules of Order states, "The requirement of a quorum is a protection against totally unrepresentative action in the name of the body by an unduly small number of persons."
When the special meeting of the Harlingen City Commission convened on Monday, March 28, 2011, the Commissioners had a serious problem. Only two Commissioners and the Mayor showed up for the meeting. Commissioners Trevino, Marra, and Ruiz were absent.
Commissioner Prepejchal called up Commissioner Trevino and managed to get him to come to the meeting about 20 minutes late. At this point a quorum of the city commission was present, see city charter SECTION 2. LEGISLATIVE AND BUSINESS PROCEDURE, below which states, "Three (3) City Commissioners and a presiding Mayor or Mayor Pro tempore shall constitute a quorum to do business." Before the Commissioners and Mayor were to go into the executive session it was understood as had been the case several times at previous meetings dealing with this issue that Mayor Boswell and Commission Trevino were to recuse themselves from attending the executive session because of conflict of interest issues dealing with the executive session agenda items.
Mayor Boswell possible conflicts of interest:
- He has represented the owner of the Reese property in question as Attorney
- He appointed the owner of the property to the Harlingen Airport Board
- The property owner has donated significant amounts of money to Boswell mayoral campaigns
- He appointed the owner of the property to the Utility Board of Trustees
- He appointed the owner of the property to the Capital Improvements Advisory Board
- He appointed the owner of the property to the Harlingen 100 Committee, Chair on Education
- He possibly appointed the owner of the property to the Harlingen Water Works Board
- His company Halff and Associates is involved in engineering work for the Reese property in question
Harlingen City Charter law clearly states that: "Three (3) City Commissioners and a presiding Mayor or Mayor Pro tempore shall constitute a quorum to do business." Only one Mayor Pro Tem and one Commissioner were present at this point so the quorum "to do business" was lost. Furthermore, the City Charter, SECTION 1. MEETINGS OF CITY COMMISSION, states, "The City Commission shall determine its own rules and order of business" which it clearly did when it made the rule and order of business that calls for, "Three (3) City Commissioners and a presiding Mayor or Mayor Pro tempore shall constitute a quorum to do business."
At this point, the City Attorney made a ruling declaring a quorum was present to go into executive session. She stated she used advice from the Texas Municipal League attorneys and Roberts Rules of Order to make her decision.
Commissioner Leftwich was adamant and stood his ground on the issue of a proper quorum not being present to enter into an executive session. He did not agree with the City Attorney's interpretation of the City Charter or Robert's Rules of Order..
Roberts Rules of Order are to be used by the City Commission as stated in the City Charter, SECTION 1. MEETINGS OF CITY COMMISSION, when "the City Commission has not determined its own rules and order of business for any matter, then parliamentary procedures shall be followed in accordance with Robert's Rules of Order," Roberts Rules of Order does NOT apply in this case because the City Charter has clearly made its "own rules and order of business" when declaring and defining what constitutes a quorum of the Harlingen City Commission "to do business."
During the meeting, Mayor Boswell half heartedly tried to explain how he could possibly go into executive session and vote on certain agenda items without being in a conflict of interest. The problem with the Mayor's argument were very evident.
The sole reason for the executive session meeting was to discuss and deliberate the purchase, exchange, lease or value of certain real properties (parking lots) that surrounded the Reese property to come up with a solution to the Reese properties lack of adequate parking. All the discussions would be to solve this problem and directly benefit the Reese project and its owners. Otherwise, there would be no need to swap, lease, trade, or purchase any parking lots by the city in that area. Transparency in government!
The other Commissioners present didn't seem to be buying his explanations and eventually Commissioner Trevino made a motion to table the issues until a quorum could be assembled. Commissioners Leftwich and Prepejchal agreed thus ending the meeting without any actions being taken on the issues at hand.
BELOW IS THE AGENDA FOR HARLINGEN CITY COMMISSION SPECIAL MEETING OF MARCH 28, 2011
BELOW ARE EXCERPTS FROM THE HARLINGEN CITY CHARTER
SECTION 1. MEETINGS OF CITY COMMISSION. The City Commissioners shall meet at such time as may be prescribed by the ordinance or resolution, but at least once a month. The Mayor, any two City Commissioners or the City Manager (hereinafter provided for) may call special meetings of the City Commission at any time deemed advisable. The City Commission shall establish by ordinance how an item may be placed on the agenda. All meetings of the City Commission shall be public except such executive sessions as may be provided for by law, and any such citizen shall have access to the minutes and records of meetings at all reasonable times in accordance with the Open Meetings Act, the Public Information Act and/or any other applicable laws, all as may be amended in the future. The City Commission shall determine its own rules and order of business and shall keep a journal of its proceedings. However, if the City Commission has not determined its own rules and order of business for any matter, then parliamentary procedures shall be followed in accordance with Robert's Rules of Order.(Res. 79-R-7, passed 2-24-79; Am. Ord. 06-14, passed 3-1-06; Am. Res. 06R-19, passed 5-17-06)
SECTION 2. LEGISLATIVE AND BUSINESS PROCEDURE. Three (3) City Commissioners and a presiding Mayor or Mayor Pro tempore shall constitute a quorum to do business. The City Commission shall conduct its business by adoption or rejection of ordinances or resolutions or motions.
(Ord. 73-30, passed 11-7-73; Am. Ord. 06-14, passed 3-1-06; Am. Res. 06R-19, passed 5-17-06)
(Ord. 73-30, passed 11-7-73; Am. Ord. 06-14, passed 3-1-06; Am. Res. 06R-19, passed 5-17-06)
11 comments:
the only problem is that all of the conflicts of interests have always been there but now everyone knows about them and they can no longer pull the shinanigans of Brandon and Lonon years. now people are watching. it was easy before just look at Larry's TIF everyone had a conflict of interest but well it was kept quiet. This is what happens when everyone has conflict of interest no one can vote for the corruption. Fred Rendon JR
Typical City of Harlingen under handing? Ruiz' absence? Planned? Good job Gus! Marra' absence? Who knows for sure? Anyway, it should be voted against giving that parking lot away. Make that Wagner gold-digger pay rent for the use of it. Or will Martin have the EDC pay it so he can get free rent or free meals? Wagner has made enough money off the City and EDC and its not even open yet? What a country?
Concerning Commissioner Ruiz, remember, he represents his district well. Also, a co-worker and friend of his, another Assistant D.A, was found in Matamoris a week ago and homicide has not been ruled out on that case.
There is, after all, only so much any human being can do at any given time, especially when an unscheduled Special Meeting, at City Hall is called, at the same time the D.A.'s office is scrambling to keep up with case loads and an untimely death of one of their own.
Make sure you know what you are talking about before you throw stones, Anonymous!
As I said, Commissioner Ruiz represents his district very well, thank you.
The pranksters at city hall refuse to sign conflicts of interest forms and just do not show up at meetings when ever the subject is about something their pocketbooks are interested in.
Take Trevino. When ever the subject is about something his employer is interested in, he just does not show up. Since Marra got into so much trouble for conflict of interest, she just did not show up recently. Which is new for her.
Now the Mayor, he is another piece of work. A babbler.Tripping on his own words, and talking in circles when all of us out there know he is trying to spin a web. Doesn't he know he will get caught in his own web?
Actually, we have come a long way at city hall. Used to be the commissioners just sat there and pretended to not know they were in conflict. Now, they know, so they do not show up at a certain meeting. We still need honesty at city hall. We need each of them to be present and just to admit they have a conflict. I believe we get honesty from Lefty, Prep, and Ruiz.
The Mayor? Marra and Trev? Forget it! they've sold their souls! Bedfellows at that.
To the writer of this article; Good work. Good job. Well written. Comments too. I appreciate THIS BLOG.
What has Ruiz done? He went to a couple of coffee meetings looking for photo ops and a little news coverage, big deal. I haven't seen him making rounds in his district or investigating problems. He shows up at most, not all, commission meetings -
Big Deal!
1)didn't he throw Elizarde off the EDC?
2)didn't he have a district one meeting to follow up with citizens to tell them what the city is doing and to hear their concerns?
3)Isn't he getting ready to speak with business owners in Harlingen at The Chamber? (Thursday night.)
4)Present at 98% of meetings?
By the way, we are not talking about Ruiz, we are talking about Roberts Rules of Order and The Charter and Quorums.
all of you guys make sense. Chris is open book mara open book I was quite disappointed at Joey but when the shit his the fan some stay some go Joey went. This is his last term. all of you should put your names to your writtings so that in the future we can get together and confront these bad boys. It is easy to do we are not doing anything wrong we are merly pointing out the corruption.
Fred Rendon Jr
Kori is one good looking woman.
Fred Rendon Jr is an open book ... for 1st grade crybabies.
"didn't he throw Elizarde off the EDC?"
Seems like a political pay off to his election supporters. He sure has kept his head down since.
"didn't he have a district one meeting to follow up with citizens to tell them what the city is doing and to hear their concerns?"
Kori did this first and has done it several times since. What has Gus done about the concerns he heard at that meeting? Nothing I've heard about.
"Isn't he getting ready to speak with business owners in Harlingen at The Chamber?"
Whoope! It is his turn and it is no big deal. For the most part Gus is keeping his head down. It is said he has bigger political plans and getting involved in anything that might hack off one segment of the voters or another is not the thing he wants to do. I think he he is a CINO.
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