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Attorneys Representing City of Brownsville
L-R: Bastian, Edwards, Aguilar, Navarro
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At the end of the seven hour hearing, held in the 445th District Court, Judge Pate left the Temporary Restraining Order in place preventing the City of Brownsville from replacing Brownsville GMS as the city's waste removal contractor, then hopped on his private plane, flying back to Corpus Christi.(Pate, annoyed with repetitive questioning, told attorneys to "move on," "let's cut to the chase," reminding them "we need to finish up by 5:00 PM.")
While the City of Brownsville retained four attorneys, Ricardo Navarro, Allison Bastian, Arnoldo Aguilar and Edwards, Brownsville GMS was represented by the high-priced Baker and Botts firm.
Pate found that the City of Brownsville had made a "mess" with their inept handling of the city's waste management contract with several clear TOMA violations, typically handling contracts in Executive Session, then voting on them in open session without discussion.(Online videos of several critical city commission meetings, notes from executive sessions taken by the city secretary had been introduced as evidence along with testimony by Purchasing Director Roberto Luna that he'd given a full power point presentation on the waste management contracts in Executive Session, another TOMA violation.)
When asked if he'd every expressed animus against Brownsville GMS, De Leon said "that's not true." He could not remember specific city commission meetings when the waste management contract was discussed.
"That was three years ago," stated De Leon.
In 2016, after a four person evaluation committee scored Brownsville GMS the highest of three bidders, the city entered into a tentative agreement, but at the December 16, 2016 City Commission meeting to award the contract, Cesar De Leon moved to table the item, seconded by Commissioner Rose Gowen and also voted for by Commissioner Debra Portillo.
When the City of Brownsville created a new Request for Proposal for the waste management contract in 2017, Purchasing Director Luna claimed that "new software" removed the "added value" feature of the RFP, also adding a requirement of providing references of other cities for which the bidding firm provided waste management services.
Since Brownsville GMS only serves Brownsville and scored highly on the the "Added Value" provision, performing several community services, the changes in the new RFP essentially "locked out GMS," it was argued.
JUDGE PATE "THE COB WILL BENEFIT FROM THE TEMPORARY INJUNCTION"
ReplyDeleteAbout half way through the hearing Judge Pate said his final order will include by Wednesday next Attorney Navarro for the City Attorney, Mayor, City Commission and City Secretary to file a certificate of completion that they have taken the online Texas Open Meetings Training.
At this point you knew it was over.
I do want to say the city employees who testified were professional and made no effort to cover for the city.Well sort of - some could call it subjective if on a few questions Peña coy.
Cesar de Leon screwed himself by claiming he cannot confirm the voice on the tape is his - or so his attorney said. Cesar claimed zero knowledge of just about everything, including things he said just two weeks ago. He has zero credibility with the judge. He actually claimed he could not remember if he searched his emails and text messages in responding the requests for production. He testified he could not remember if he produced any documents just the day before. The judge's face was one of disbelief.
THE CABLER MONEY ISSUE
It was false and true at the same time. Since before Cabler was city manager GMS gave $8,000 and then slowly more each year to the Boys and Girls club. Then after the Boys and Girls club went under it reached $12,000 to $15,000, going to the City Manager Golf Tournament, not Charlie Cabler. It had nothing to do with Cabler personally. It was all about donating to athletics for children.
Who ever copied my post thanks. But I want to say Jim and my post complemented one another so the two posts really informed the people.
ReplyDeleteThe sad part about yesterday is nothing will change. I can assure you BISD and every other elective entity are violating TOMA as I type. But I will say the Herald's headline this morning really hurt the city.
ReplyDeleteI am 100% sure Republic will pull out of the deal. They do not want a national headline and the deal with Art Kalifa and George Tetreau going public. It will mean every elective entity will have to review their contract with Republic.
If this city commission were smart they would immediately offer GMS their attorney's fees and vote on the 2016, contract. But they are not smart. They will leave it to the new city commission. If they do the first order of business should be to fire Navarro, find a way to get Republic to withdraw by telling them because of their relationship with Tetreau they will have to do a discovery lawsuit before their bid can be considered. Once Republic is out of it, it is just a matter of paying GMS's attorneys fees and we are done.
Another TOMA lawsuit against the city will automatically go to Judge Pate - and remember what he said, he knows Brownsville.
Americans will get a life as soon as that lying, porn-star screwing criminal Donald Trump and everyone one in his administration are driven from public office.
ReplyDelete-Jake