Thursday, November 6, 2014



THE VIDEO SHOWING THE VOTE ON LINCOLN PARK - THE VOTE IS VOID AND THE CRIMINAL CONDUCT IS IN WHAT IS NOT BEING SAID

UPDATE:  I JUST LEARNED THE LAWSUIT WILL BE FILED IN THE MORNING.  THE AUSTIN MEDIA SHOULD HAVE A HAYDAY WITH THIS GIVEN THE BREAKING NEWS CONCERNING ROSE GOWEN.

It is explained below, but check out Rose Gowen's Linkedin page - she works for UT and failed to disclose it in the same way Tony Martinez failed to disclose his law firm negotiated the Casa Del Nylon deal.  People time to boycott Portillo's business.  Time for Tony Martinez and Rose Gowen to be indicted, and Chavez and Portillo as coconspirators.

[UPDATED NOTE ON THIS - There is an old AG opinion which causes confusion on the conflict issue.  But it does make clear that Rose Gowen can be investigated under Texas Penal Code 39.01 and 30.02 and given the value of the park we would be at felony levels.  It also makes clear even in the case of a city abandoning land a university must still pay fair market value, which is not happening here.  The problem with this old AG opinion which they admit is in conflict with another AG opinion is the lawyers fail at statutory construction.  Every provision must be given meaning.  The AG whoever took the position that the word OR means AND - no no no - There is a rule known as surplursage which mandates every part has meaning.  Or is disjunctive which means ss an alternative to the previous part.  What the AG did is say the OR part means the same as the first part.  This would make the OR part surplusage'

See excerpt from law review article - sorry guys - I know judges are reading this along with lawyers so this is mostly for them and those who care to learn

"
In interpreting any legal text, the textualist often turns to the “superfluity
canon,” which was founded on the “conclusion that we shall
not presume the legislature to waste words when enacting laws.”42 Also
referred to as the “textual integrity canon,” this maxim urges the interpreter
of a text to “[a]void interpreting a provision in a way that would
render other provision[s] of the [text] superfluous.”43 Essentially, this
“surplusage canon[]”44 presumes that a statute will not contain “linguistic
surplusage.”45 This canon will apply with particular force in a textualist
interpretation of the Constitution, “[s]ince a textualist strongly presumes
that each word in the Constitution has meaning rather than being surplusage.”
46"

Click for full article

See also

See page 8 and 12

And/or.
Similar principles govern use of the words “and” and “or.” Ordinarily, as in everyday English, use of the conjunctive “and” in a list means that all of the listed
requirements must be satisfied,33 while use of the disjunctive “or” means that only one of the listed requirements need be satisfied.34

"

"A basic principle of statutory interpretation is that courts should “give effect, if possible, to every clause and word of a statute, avoiding, if it may be, any construction which implies that the legislature was ignorant of the meaning of the
language it employed.”61 The modern variant is that statutes should be construed “so as to avoid rendering superfluous” any statutory language.62"
 
The conflicting AG opinion makes the word "or" surpusage and is therefore wrong. - close update]
 
At this point,
Before I post the documents, I want to ask those who support the transfer of the park to UT a question.  Are you prepared to support this deal even if it means stealing $20 million from the taxpayers and an illegal vote which is in fact a criminal act?

Ask yourself - can we not agree reasonable minds can disagree as to the merits of allowing UTRGV to expand into the area of Lincoln Park?  But also given the way this is being done, and what I am about to disclose should be enough for all sides to say - enough is enough and to send UT packing?  Are those of you who favor this deal so adamant that you are willing to ignore the bombshell I am about to disclose?  Because if you are- you are not for Brownsville.

I am doing a grand jury referral on Rose Gowen to be delivered to DA Lsuis Saenz before lunch.  It will also go to the FBI/DOJ, and Texas AG Abbott. Saenz can end this on Friday, but will he?  He has already been given a heads up on what I have.  He can also file tomorrow a quo warranto to void the vote and send UT into a tailspin.  People I do not care if Saenz gets a billion dollars in political capital for doing the right thing - I am about process - not personalities.

THE BOMBSHELL

Dr. Rose Gowen is an employee of the UT Health CRU at UT Brownsville.  She is the medical director.  Nowhere on the video does she disclose this blatant conflict of interest.  Further city commissioners have confirmed for me she never disclosed her conflict of interest to the city commission.  This is a crime and makes the vote void.

UTHealth CRU at UT Brownsville


800 West Jefferson St., Edelstein Building, Suite 230pic of Brownsville campus

Brownsville, Texas 78520
Phone:  956-882-6677     
Director: Joseph McCormick, MD
Medical Director: Rose Zavaletta Gowen, MD




Notice the name of the Director. Then notice who got $5 million dollars from the UT Board of Regents today for research related to diabetes - you got it Rose Gowens UT group - Joseph McCormick.  Rose and her group got the $5 million dollars and UT got Lincoln Park for a mere $6.5 million.  Can anyone who supports the expansion of UTRGV into Lincoln Park justify this and stand for it?  If you can you are not for Brownsville or justice.

"The UT System Board of Regents voted today to allocate $5 million to fund the first phase of Project DOC, which stands for Diabetes Obesity Control. The goal of Project DOC is to use big data and technology – whether social, mobile or cloud – to improve the health of diabetes patients by enhancing access to care, empowering better self-management and promoting healthier living..

....

"Project DOC will begin in the city of Brownsville, leveraging the community programs and a decade-long cohort study being carried out under the leadership of Susan Fisher-Hoch, M.D., and Joseph McCormick, M.D., of UTHealth School of Public Health Brownsville Regional Campus, Greenberg said."

Click for full story

On Friday DA Saenz can file the necessary lawsuit to void the vote and file an emergency quo warranto against Rose Gowen.  If he fails to act any and all political capital he gained by opposing the deal will be lost and he will be forever known as the DA who ran cover for one of the biggest criminal acts in the history of Brownsville.  If he does his job his acts will be felt in Austin and he will be known as the DA who took on UT for some of the poorest people in the US and won.  He will be unbeatable in 2016. [UPDATE - I have been asked to allow Saenz time to review this matter on his terms.  Based on what I was told I am trusting this request and will be filing nothing with his office.  I do not want to do anything which would compromise his interest in this matter.  I am going on faith on this one.]

The ball is in your court Luis.  If the FBI/DOJ or AG Abbott end up doing his job his career will be over.  This is the moment when he shows did he mean what he said when he took his oath of office?

Check out who Rose Gowen is working for here -UT - another piece of evidence of her long term conflict of interest

There is so much more, but that will wait until Saturday.  In the video the city actually admits they are not in compliance with the law - to wit:  they are conveying the park for the cost of moving it and not its fair market value.  As the BV has already established the city must sell it for its true market value and not merely the cost of relocating the park.  You will also note how Sossi was forced to go on record and changed the terms of the resolution to be in compliance with the law to avoid a vote.  He changed sale to conveyance which means nothing.

Should the city not have to pay me for doing Sossi's job?

13 comments:

Anonymous said...

Great use of 5 million dollars. Study why people in Brownsville are fat. I will answer it for free. They eat too much and exercise too little. End of story.

You want to fix the problem? Overweight, no free food.

BobbyWC said...

Well that is not the purpose of the study, and two that is all you got out of this?

How sad.

Bobby WC

Anonymous said...

a few observations:

1. What was the 2013 resolution which Cabler refers to?

2. Notice how Tony did not freak out when Tetreau made the motion to deny. he counted the votes before the meeting and knew it was a done deal

3. Cabler admits that the costs for the relocation of the park had not been determined. And even admits that the "estimates" show that they might exceed and probably will exceed the $6.5M. wow

Anonymous said...

"The UT System Board of Regents voted today to allocate $5 million to fund the first phase of Project DOC, which stands for Diabetes Obesity Control."

I believe obesity is related to fat. And, no that is not all I got out of the story. Obviously, the entire fiasco is based on corruption and pay-offs. I hope you are successful in at least throwing a monkey wrench into their fine laid plans. However, from past experience, they will likely skate off as free as the little Dutch girl.

Ernesto De Leon said...

Bravo! Great investigative reporting! Thank you for making us aware of this blatant squandering of taxpayer's money. This is an outright lack of fiduciary responsibility of certain elected officials.

Anonymous said...

Bobby, i noticed right after the vote that Rose Gowan seems to be texting someone about what had just happened. Is there any way to know if she was texting someone from the UT system?

BobbyWC said...

The Bravo goes 100% to my readers. Maybe upwards of 20 or so people some private citizens some elected officials, some former elected officials have been doing the research and providing me the links. My job has been to compile it. Although I did enjoy unraveling the conflict story. I was send a lot of links with a hint of a problem but it took some thinking.

Oh a big big thank you to Dr. Gloria Mireles the neurologist who put me on Nuvigil. It was like a dense cloud was lifted from my brain. The clarity is amazing. I am processing information at a speed I have not for years. It's expensive. I hope once the samples run out she can convince the VA to pay for it. Imagine living in a dense fog for 12 years which is getting more and more dense and then in a split second it lifts.

The test now is, will it allow me to sleep - I think it will. The Lyrica which I take for neuropathy makes me sleepy - it is staring to kick in

we shall see

So thank you to all of the readers who have made this happen. Thank you to all of the elected officials who have come to my aid in developing this, and thank you to Dr. Gloria Mireles -

Oh, the lawyer who is filing the lawsuit and his plaintiff.

This has truly been a Brownsville Voice endeavor based on our love for Brownsville . El Parque Del Milagro brought a lot of diverse groups together.

Bobby WC

Anonymous said...

If you'll notice, The Mayor did not call for any Nays after the three commissioners voted Yay on Tetreaux's Motion. He "declared" that the motion had failed, in effect, voting on behalf of the the other 3 commissioners and himself. Then he calls for an approval and doesn't give the original three Yay votes to cast a Nay vote to the Motion to approve. Truly an amateur Mayor. I think Tetreaux's motion passed since there were no Nays. You're thoughts?

BobbyWC said...

I am ashamed to admit I hate Robert's Rules of Order because they are designed to create traps - I have studied them many times and the conflicts basically make for chaos and abuse. So I must say I do not know the answer - I will try and figure it out

Bobby WC

Anonymous said...

Why do you have to call for people to boycott Portillo's place of business? Your hatred for people is surreal. You are so jaded and confused. No wonder your mind is foggy.

BobbyWC said...

I can get that text and many more - I am on to something - but people need to understand I cannot do anything which undermines the lawyer or the plaintiffs.

I know who they are but cannot disclose their names until the lawsuit is filed.

I hope the people will honor the plaintiffs for their courage.

But for now I have to be careful and just report what is happening and let it play out in court

Bobby WC

BobbyWC said...

On Portillo , you took what a reasonable person could have fashioned into a fair question for debate among reasonable minds and turned it into a negative.

Why not boycott - one it is not going to happen - people on balance do not even know her business.

Two, why not hold her accountable - if politicians learn they can lose everything for their bad conduct it might change them. Would this not be a good thing.

It is not hatred - it is called accountability

Bobby WC

BobbyWC said...

Of course she can post to the BV her shock and outrage over learning the truth about Rose Gowen and UT while supporting a call for a new vote.

It will get an independent post and I believe the people will praise her for her actions.

Would that be hatred on my part also?

Here you go Debra - before the TRO issues send you statement of disappointment in Gowen and how you were mislead - the people will forgive you

bobbywc58@yahoo.com

I need it from your city email so I know it is you

Bobby WC