Thursday, May 30, 2019


10 A.M. GMS HEARING ON TH COB'S MOTION TO DISSOLVE TRO

The BV will be back after the hearing.  Jessica Tetreau has been non-suited in her individual capacity without prejudice, which means GMS can refile on her.  A non-suit means she is dropped.  The judge just signs the order submitted by GMS.

JUDGE PATE "WELL, I'M AWARE  OF BROWNSVILLE"  THEN AT THE END HE ISSUED THE TEMPORARY INJUNCTION AGAINST THE CITY OF BROWNSVILLE

JUDGE PATE "THE COB WILL BENEFIT FROM THE TEMPORARY INJUNCTION"

About 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.

THE CORE PROBLEM

The city tried to paint a picture that it changed how bids were given points in hopes of increasing the number of bidders.  Judge Pate noted and got on the record under the old rules and new rules there were just the same three bidders, GMS, Republic, and RedFish.  

Judge Pate noted under the new system the city went from giving the contract to the lowest point receiver and taking it away from the highest point receiver, GMS.

I will be shocked if Republic does not pull its bid.  It is a national corporation and does not want to be caught up in Brownsville's dirty politics.

THE POINT SYSTEM CHANGED

The city claimed it bought a program which made for a more universal bidding process.  The program dropped off all points for Added Value.,  Added Value are free things GMS gave to the city.  For example it increased how often it picks up dumpsters downtown without cost to the city.  The examples went on and on.  I was confused why Navarro was putting them all into the record until he argued points for added value gave GMS an advantage.  It slapped him in the face when it was pointed out nothing barred Republic from putting Added Value items into its bid.

GMS is basically a Brownsville company with 40 employees.  Added to the point system was points for 5 referrals by other customers.  The city knew GMS had none and the change would benefit Republic.

Judge Pate saw through all of it.

JUDGE PATE'S FINAL WORDS I THINK LOST ON BOTH SIDES

Navarro complained that the city's Plea to the Jurisdiction still needed to be heard.  This means the city is claiming GMS failed to allege a basis for a lawsuit.  But the judge already issued the order of temporary injunction which means GMS according to the judge already proved it alleged a cause of action.

No matter how many times Judge Pate explained this to Navarro he continued to argue with the judge and demanded a hearing on June 14, 2019, even though Judge Pate said it was now moot.  Unless Navarro gets the message the judge will hold a moot hearing at 10 a.m., on June 14, 2019.

Baker and Botts and their client were pushing for a jury trial.  Before lunch if you were paying attention you knew GMS won.

Judge Pate went out of his way to tell GMS counsel they already proved a cause of action and violation of TOMA so all that is left is a remedy, but they can have a jury trial if they want one.

Yea, I would go with Judge Pate and not a jury.

If this makes it past June 22, 2019, I predict Navarro will be replaced.

There is no issue the winners are Trey, John and Nurith.  This will leave Jessica and Joel as two lone votes.

If the city is smart it settles now by giving the contract the GMS and paying their attorneys fees.  It is not going to get better and the new city commission is going to inherit this mess.

OH A SIDE NOTE

Rose Gowen was part of the TOMA violation.  The problem with Rose is not nefarious actions it is she wants what she wants.  She will learn TOMA and not make the mistake again.  Her objection was GMS was not good on recycling.  A valid issue,  but not a basis to violate TOMA.  She needs really learn TOMA so he valid issues are not caught up in these messes.

EDITED FOR SOME GRAMMAR NOT CONTENT FROM ORIGINAL POST.  I had a read bad head ache after the hearing.






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