United Brownsville, The Open Records Act and Gradual Usurpation of Control

City Attorney Mark Sossi

A couple years back City Attorney Mark Sossi gave his legal take on the United Brownsville board to the effect that the committee was "informal" and not subject to the Texas Open Meetings Act or to the Texas Public Information Act, which are state statutes aimed at providing transparency, accountability and safeguarding the public’s right to know.

"It is not a governing board. It has no governmental power," Sossi said.

No one really disagreed.  The board could have met at Sossi's bachelor pad, behind closed shades, and no one would have cared. After all, the group had merely morphed out of a study group associated with the Imagine Brownsville Comprehensive Plan, a coffee table sized paperback with illustrations showing what Brownsville could be, accompanied by generic engineering lingo.  None of the plan was enforceable or ever implemented, although the easily duped City Commission spent $900,000 for the study.  The book, now a paperback relic, gathers dust on a few city shelves. 

But, lo and behold!  The "informal" rinky dink, little board has evolved into near beer, suds and hops, with no bite. Cleverly, the board asked actual elected officials to "serve," even naming newbie commissioner John Villarreal a tri-chair.  Eight local entities including the Port of Brownsville, P.U.B., UTB, TSC, BISD, BCIC, GBIC and the COB all were asked to kick in $25,000 as membership dues to keep the "informal" group afloat.  

Mike Gonzalez, Executive Director
of United Brownsville

Mike Gonzalez, a real estate agent/mayor from tiny Kyle, Texas, was recruited as Executive Director, and the newly elected mayor, Tony Martinez, eager to please mentors Juliet Garcia and Fred Rusteberg, provided office space at the neat residential property adjacent to El Cueto Building. 

Now, the United Brownsville Coordinating Board, acts like the shadow government it was feared it might become. It is a mirror image of the City Commission, the County Commission rolled into one, without any accountability to the Cameron County voters who actually vote.  UB plans for and speaks for Brownsville because no one says they can't.

But does United Brownsville have any control or influence over taxpayer dollars?  Well, have you heard of the Greater Brownsville Infrastructure and Development Plan for the Port of Brownsville and the Industrial Corridor?  I didn't think so.  It was a study for which the Greater Brownsville Incentives Corporation recently gave $451,260 of taxpayer dollars to Needham-McCaffrey & Associates.  It never came up before the City Commission, but it was well incorporated into the BiNED 2013 Forum held at UTB, sponsored by United Brownsville.  This is how a shadow government works without voter or taxpayer accountability.

Martin Arambula

Probably quite innocently, a UB board member, Martin Arambula, had a suggestion for the Curbside Recycling Pilot Program.  He proposed signage for neighborhoods included in the pilot program:  "This Neighborhood Recycles."  Consider this.  Arambula is not a City Commissioner.  He is not speaking before the City Commission during public comment as a citizen.  He is addressing a supposedly powerless, informal board not connected legally to the city about a city issue.  Don't you find that incredible?

As United Brownsville has flexed its muscles, it has also began gradual compliance with the Texas Open Records Act, incumbent on government entities.  It's monthly meetings are now posted 72 hours in advance on its website and at the City Commission building, signed by Estela Von Hatten, the City Secretary.  

The group, not only posts meeting agendas, but shows some hospitality to citizen visitors.  Tri-Chair Fred Rusteberg warmly greets visitors as does Francisco Rendon, when there.  

Getting a copy of the meeting's agenda is also possible.  At today's meeting, after we were stiffed by

Laura Matamoros

Laura Matamoros, we approached Executive Director Mike Gonzalez, about getting a copy of the meeting agenda.  When he offered to send us one via email, Nena explained that we needed one right then to follow the meeting.  He graciously offered his personal copy, while he viewed the agenda online with his laptop during the meeting. 

Nearing adjournment, Rusteberg suggested 3/10 as next months meeting time.  Mike Gonzalez followed by saying all members would be notified via email.  Oh, BTW, Gonzalez, known as Mike since his Kyle days, now is listed as Miguel Gonzalez on the newly released United Brownsville pamphlet,  "Shared Agenda 2014."  Perhaps, Brownsville is growing on him just as United Brownsville is growing on us.