CITY COMMISSION MAKES A BIG MESS OF WASTE REMOVAL CONTRACT~JUDGE PATE ORDERS RELEASE OF EXECUTIVE SESSION NOTES

Brownsville GMS will get some of what they requested at today's hearing in 445th District Court, a chance to look at notes taken during three executive sessions during city commission meetings; 12/13/16, 1/17/17 and 2/5/19, all closed meetings followed by a scheduled public discussion and vote on the award of a waste removal contract.

The two groups of attorneys, representing Brownsville GMS and the City of Brownsville, were also ordered to work out a confidentiality agreement between themselves.

"We don't want any of this winding up on the internet," admonished Judge Robert Pate(City of Brownsville Attorney Ricardo Navarro claimed that one of his confidential emails about the contract was published on a blog).  

GMS requested to view executive session notes for four additional meetings, their attorneys speculating that the waste contract may have come up for discussion.  Judge Pate denied that request.

"There is no video or audio of the closed sessions," stated Navarro, one of four attorneys representing the City of Brownsville.

"I've asked the City Secretary(Griselda Rosas)to come to these proceedings with her notes for those meetings.  I was not presuming your decision, Your Honor, and, actually, I don't find this material relevant, but she has those materials available if you so rule."

While Navarro claimed he'd never personally read the city secretary's meeting notes, he suspected they contained proprietary information from other companies bidding on the waste removal contract and didn't think it appropriate to be viewed by GMS.

GMS attorneys countered by saying that the City of Brownsville had given a competitor, RedFish Recycling, a copy of their proposal to the city through a Public Information Request.  Navarro agreed, saying the city fought that request, but was overruled by the Texas Attorney General and that GMS did not appeal the AG's decision.

Cesar De Leon

A GMS attorney referred to an audio tape conversation between indicted former Fire Chief Carlos Elizondo and former City Commissioner Cesar De Leon, where De Leon brags that he "shut GMS down" because he didn't get money from them.

Before making today's ruling, Judge Pate asked Navarro:  "What's the end game?  Is the city going to just keep jumping month to month?"

Navarro said he wondered the same thing.  He didn't know if the court could order a new Request for Proposal and, if it did so, would the court have to appoint a master to monitor the RFP?

City of Brownsville Attorney Arnold Aguilar will depose Cesar De Leon and Commissioner Jessica Tetreau in his office on Tuesday May 28 at 9:00 AM and 3:00 PM respectively.

While GMS has had the lucrative waste removal contract for many years, a city procurement committee, after reviewing the applicants, recommended awarding the contract to RedFish Recycling.  The city commission ignored the recommendation, instead awarding the contract to Republic Services, a contract that was rescinded when GMS filed suit.

Meanwhile, GMS has continued as Brownsville's waste remover on a month-by-month basis with the city commission assigning City Manager Noel Bernal to award the contract without a RFP.

"The city does not have to issue an RFP for this type of service," claimed Navarro. 

"There is no case law for that.  But, if we do issue an RFP, we have to honor it until it is closed"(GMS responded by reading from their last contract with the city where the contract referred to a specific part of the city code authorizing such action).