Monday, June 17, 2013





 


 
 
 
 
 
ARE TONY MARTINEZ AND ROSE GOWEN SEEKING TO VIOLATE THE OPEN MEETINGS ACT BY LIMITING DISCUSSION TO EXECUTIVE SESSION ONLY, AND INADEQUATE NOTICE?

"2. Section 551.072: Deliberations about Real Property

Section 551.072 authorizes a governmental body to deliberate in executive session on certain matters concerning real property. It provides as follows:

    A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person.

Section 551.072 permits an executive session only where public discussion of the subject would have a detrimental effect on the governmental body's negotiating position with respect to a third party.(150) It does not allow a governmental body to "cut a deal in private, devoid of public input or debate."(151) A governmental body's discussion of nonmonetary attributes of property to be purchased that relate to the property's value may fall within this exception if deliberating in open session would detrimentally affect subsequent negotiations.(152)"

Source:  Attorney General handbook

HERE IS WHAT IS LISTED FOR THE EXECUTIVE SESSION COME TUESDAY

Discussion concerning real estate property.

See Agenda

From the Texas Supreme Court

"The newspaper contends that the school district, by posting an agenda listing only general terms such as "personnel," "litigation," and "real estate matters," failed to give adequate notice of its executive sessions. The newspaper also contends that the Board failed to comply with the Act in convening various executive sessions and violated the Act's prohibition against taking final action on any matter in a closed session."

http://www.leagle.com/decision-result/?xmldoc/19861662706SW2d956_11577.xml/docbase/CSLWAR2-1986-2006

Further from the Texas Supreme Court

" The Act's purposes cannot be circumvented by mere reference to one of the section 2 exceptions. The advance notice given under section 3A(a) should specifically disclose the subjects to be considered at the upcoming meeting."

See above

"However, less than full disclosure is not substantial compliance. Our prior judgments should have served as notice to all public bodies that the Open Meetings Act requires a full disclosure of the subject matter of the meetings. The Act is intended to safeguard the public's interest in knowing the workings of its governmental bodies. A public body's willingness to comply with the Open Meetings Act should be such that the citizens of Texas will not be compelled to resort to the courts to assure that a public body has complied with its statutory duty.

We reverse the judgment of the court of appeals in part and declare that the Board violated the Open Meetings Act by providing inadequate notice of its executive sessions and by improperly convening its executive sessions without a quorum present. In all other respects, we affirm the judgment of the court of appeals."

See Above

Tony Martinez and Rose Gowen have nothing but contempt for the people of Brownsville - he keeps Sossi around because Sossi will tell the commissioners that anything Tony wants is legal, no matter how illegal it is.

THE SAD PART IS:

No law firm in Cameron county will step  forward and stop this. 

A lawsuit against the COB at this point will humiliate UT.  UT will run from Tony Martinez as if he is the plague - but let's face reality - no lawyer in this county cares enough to file the lawsuit and stop what is happening.

Another option is, someone can  file a criminal complaint with DA Saenz - but he has already proven when it comes to Tony Martinez the response will always be a blind eye.

So as we all know - we are screwed - the indictment and conviction of Armando Villalobos changed nothing.

It would be an exercise in futility to send this to the city commissioners - the law simply means nothing to this city commission

HEY SARKIS BECOME THE HERO

File the lawsuit on Monday - you will win and on election day the people will know the truth about Portillo and Tony Martinez - It may be enough to turn out a crowd on Tuesday and election day.

3 comments:

Anonymous said...

City Employees were told yesterday to clean out their belongings in the city plaza building. They have made up their minds already Bobby. The open meetings violation has already happened because you know they have discussed the outcome of the meeting tonight. Even Melissa Zamora knows this. Why would they tell everyone at the City PLaza to clear their belogings?

BobbyWC said...

the above is an example of the BS anony comments which are allowed elsewhere and are all lies.

I checked with several administrators and to a person I got the same answer - there is no move and no one has been told to gather their belongings.

A memo went out to administrators that if UT agrees to a deal then city employees would be moved. Casa de nyon is not ready - they would have to people the employees into the street.

Also nothing can be done without city commission approval - including the amount of money needed to renovate Casa de Nylon.

My sources are also telling me Tony Martinez is refusing all requests concerning the numbers -

Bobby WC

Anonymous said...

Who is doing the asking? Is there anyone that he has to answer to? Recall?