Tuesday, August 10, 2010

FRIENDSWOOD GETS WORSE

I'VE CHANGE MY MIND - EVEN WHILE TYPING THIS

I truly try and understand things the best I can.  With Mark Sossi having a complete and total melt down and threatening citizens of Brownsville with a countersuit claiming the lawsuit is frivolous as it relates to the CO's, it is time this city commission fire his sorry ass or face the people.

I found a Brief on line submitted by the so called Friendswood5 in their case related to the CO's.  I now have an insight to their argument.  They are not disputing what the CO's Act says.  They are saying it only governs if the city charter agrees it governs. I only saw this when I went back to my original post on the issue.  They left the key law out of their Brief.  I have it below.  In that the Friendswood and Brownsville City Charters do not say the CO Act governs, then under their theory it would not govern and the City Charter provision which provides for a vote will govern.

Here the is Brief - see page 8. 

http://www.friendswood5.com/Documents/Intervenors%20Trial%20Brief%207-10.pdf

Here is relevant law.

271.044 (b) A home-rule municipality may use this subchapter regardless of any provision in the municipality's charter to the contrary.

http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.271.htm

Now an argument can be made that since the City Charter does not opt to use the CO Act, it then does not apply.  If the city commission can simply adopt the Act into the City Charter (remember the act says "may" - not "shall") then the city commission is free to ignore the process by which city charters are amended.

This is actually pretty basic.  Here is the Texas law on the meaning of the word May.

§ 311.016. "May," "Shall," "Must," etc.

The following constructions apply unless the context in which the word or phrase appears necessarily requires a different construction or unless a different construction is expressly provided by statute:

(1) "May" creates discretionary authority or grants permission or a power."

http://faculty.smu.edu/tmayo/govtcode.htm

The fact the legislature used the word May and not Shall means all of the difference.  the key here is, the municipality has a choice - the CO Act is not mandated by law to usurp the City Charter.  This is why I believe the Texas Supreme Court will find the City Charter must be amended to adopt the CO Act over existing provisions within the City Charter.

TO THE BROWNSVILLE 8 - YOU WIN - FIGHT ON - AND FILE A COMPLAINT WITH THE STATE BAR AGAINST SOSSI FOR THREATENING YOU.

It is time this city commission hire competent counsel.   To the city commission - as a matter of law because one judge has already ruled on this issue against a city, it cannot meet the standards of frivolous

A WORD TO OUR CITY COMMISSION:  If you think Sossi is not acting as he is for any other reason than to settle a personal score with Sanchez and Sorola, you are kidding yourself. 

It is time to end legal advice by vendetta.

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