Big Jolly Politics

politics in Harris County and Texas

Shoreacres City Council to hear proposal to replace police

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City of Shoreacres graphic

Citizens in Shoreacres will have an opportunity to get the facts on a proposal to eliminate the Shoreacres Police Department at tomorrow night’s Shoreacres City Council meeting.

3.0 SPECIAL PRESENTATIONS

3.1 Harris County Sheriff’s Office – Proposal to provide law enforcement services in place of the Shoreacres Police Department.

The Addendum doesn’t say who asked for this to be on the agenda. I know that Shoreacres resident and Harris County Sheriff’s Deputy Paul Croas has been putting information out about the cost savings of doing this ever since the council refused to balance the budget for this fiscal year. He recently posted this on his “Cup of Joe in Shoreacres” Facebook page:

Quick Numbers for a Sheriff’s Contract:

City of Shoreacres:
FY2012-13 Proposed: $606,236.85, actual $628,682.11
FY2013-14 Proposed: $535,539.85, Over-budget at same rate: $557,981.11

Harris County Sheriff’s Contract:
FY2013-14 $563,327.00

This HCSO contract is for One (1) Lieutenant, One (1) Sergeant, and Five (5) Deputies. An HCSO contract will still save the City of Shoreacres an additional $4058.11 with the new FY2013-14 budget. There are also items that have been cut from next year’s budget that will have to be added back into the budget in the future, such as vehicles and previously cut items. An HCSO Contract will provide this at the same cost. The City of Shoreacres is also cutting out $91,142.26 from the Police Budget, which will affect services. This contract will also instantly fix such issues as Dispatch, Jail Services, Chain-of-Command, Supervision, Out Dated Policies, Training, unanswered IAD Complaints, employee grievances, Record Keeping and Statistical information, adding ARS/CAD Reporting System, UCR Reporting, Warrant Services (1 million+ dollars of un-served warrants), Evidence Handling, Conflicts with the City Manager and the Police Chief and getting updated Technology. It will also not have unexpected OVER BUDGET items listed. There is no reason to duplicate services. The HCSO contract will bring in the full weight of this department for this community, which could bring in additional resources such as, Commercial Vehicle Enforcement Unit, Nuisance Abatement program, Harris County Animal Control, etc. as needed. This City can negotiate with the HCSO, in regards to re-hiring the eligible SA Police Officers into the HCSO. Maybe even bring them back to work this contract. This is a way to save SA money, and not lose employees.

The city’s finances are in such dire shape that this proposal must be considered with an open mind by Shoreacres homeowners. Note that in his commentary, Croas makes several points about capital purchases, overall improvement of policing, elimination of duplication, etc., in his support for this change.

This move, if it occurs, will not balance the city’s operating budget but it will help us in the future by eliminating capital outlays necessary to maintain our own police force. The city council must somehow overcome their reticence to eliminate some city employee positions and bring wages into line for the remainder before the operating budget will be balanced. Unfortunately, there have been no signs that they are willing to do this.

I hope to see city hall as crowded for this issue as it was when the lights on the pier were out.

Greg Abbott visits the Downtown Houston Pachyderm Club

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As I mentioned previously, the Downtown Houston Pachyderm Club held their annual Christmas Party/Toys for Tots collection this week. The featured speaker was Attorney General and the next Governor of Texas, Greg Abbott. Here is General Abbott with the new officers of the DHPC:

Travis Bryan, Sophia Mafrige, Nick Carter, Ed Johnson, Tom Zakes, Ann Lee, Jack Lee, Greg Abbott
Travis Bryan, Sophia Mafrige, Nick Carter, Ed Johnson, Tom Zakes, Ann Lee, Peggy Lindow, Jack Lee, Greg Abbott (photo courtesy Jack Lee)

I don’t know if there was an “official” count or not but the attendance easily exceeded the expected 150 guests.

Abbott is a very good campaigner. It almost seems that if you shook his hand once, he remembers your name and where you shook hands. And he has been working with various Republican groups so long that the has a lot of “institutional” knowledge to draw on during his speeches. He gave a nice shout-out to Paul Simpson, who is currently running for Harris County Republican Party Chair, joking that he learned at the knee of Simpson.

Abbott started by reminding the crowd of his work fighting for women and families.  He put away child predators, tracked down human traffickers, fought to make schools safer for kids, protected women when they were trapped by domestic violence, and helped single moms collect a record breaking $27 billion in child support for the kids in the state of Texas, elevating the program to number one in the nation.

He also stressed that he has fought for the freedom of Texans, suing the Obama administration 30 times for violations of the United States Constitution. When President Obama looked the American people in the eye and promised you that if you liked your doctor, you could keep your doctor, Abbott knew that it was a false promise. We’ve already seen the devastation caused by Obamacare and gave a couple of examples of people losing their doctors in the critical stages of their treatment. He is going to continue fighting Obamacare until it no longer devastates Americans.

He also mentioned his lawsuit against Eric Holder on the Voter ID issue and reminded the crowd that voter fraud is real and that he has prosecuted people for it. He will take the Voter ID law all the way to the Supreme Court to protect the integrity of the ballot.

On Texas values, he reminded us that he took the case of the 10 Commandments monument all the way to the Supreme Court, won, and the monument stands today. As well, he stood up for students in the pledge of allegiance, and students today still say “one nation under God”.

Abbott reminded us that Texas is exceptional and he will focus to keep Texas the leader in job creation in the U.S. He will also increase funding to transportation without raising taxes by stopping diversions of fees and taxes.

Lastly, he talked about the difference between Texas and most states in the union and that is that we have more freedom and he intends to make certain it stays that way.

He received much applause and a couple of standing ovations during his speech.

Everyone was in a cheerful mood and the meeting is best expressed in pictures. DHPC Vice President Jack Lee took the photos in the slideshow below and allowed me to use them for your viewing pleasure. If you click on the pictures, you can scroll through them or they will automatically scroll after five seconds. Thanks Jack!

 

Desperate Roy Morales tries trickery

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As we all know, a runoff election brings out the best in candidates! Oh, wait…maybe not! I suppose it depends on the candidate.

Ol’ Roy is back at it. Roy Morales, that is. He’s in a runoff election and will do most anything to win. After all, he’s been running a long time for a variety of offices – at some point, desperation has to set in. So he’ll apparently do anything at all to win – except be honest. Take a look at his most recent mailer:

Roy Morales mailer

Whoa. Greg Abbott endorsed Roy? Really? And Rep. Ted Poe? Wow, ol’ Roy really got some choice endorsements, didn’t he?

Well, no, he didn’t. Go to Rep. Ted Poe’s website and you’ll find this on his home page:

Ted Poe website - NOT endorsing Roy Morales

Well I’ll be: photo “used without permission”. Say goodbye to Ted Poe’s endorsement. And I’ll bet you a dozen Krispy Kreme donuts that Greg Abbott didn’t endorse him either.

But hey, it’s Roy’s world, we all just live here. Because, you know, he “knows stuff”.

I really liked this part of the mailer:

Roy Morales HCDE primary vote 2006

Wow, that’s impressive! Ol’ Roy got 100% of the vote in his Harris County Department of Education (County School Trustee) Republican primary win in 2006! But wait, there’s more! Look at who he defeated:

Roy Morales hcde primary complete

Oh. No one. It’s pretty easy to get 100% when you are the only guy on the ballot.

Looks like ol’ Roy is going for the idiot voter. AKA the uninformed. AKA the easily duped.

This mailer pretty much negates his answer on big dog’s questionnaire (along with this, of course):

1. What distinguishes you from your opponent?

Honesty, Integrity, Education and Transparency.

Heh. So much for that one.

 

Harless endorses in Harris County District Clerk race

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Chalk up another big name endorsement for Court Koenning in his attempt to defeat incumbent Harris County District Clerk Chris Daniel in the 2014 primary:

Koenning email header

State lawmaker and leading conservative, Patricia Harless, endorses Koenning for District Clerk

HOUSTON — State lawmaker and grassroots conservative activist Rep. Patricia Harless announced today she is endorsing Court Koenning for Harris County District Clerk in the March 2014 Republican Primary.

“Court will be an effective and dynamic district clerk – someone who will be an outspoken advocate for conservatives at the courthouse,” said Harless, who was first elected to the Texas House of Representatives in 2006. “I know Court will be the type of officeholder conservatives value. He will run an efficient and responsive office and be someone conservatives throughout the county can count on to represent them.”

Harless, who represents District 126 in northwest Harris County, is a small business owner with deep roots in the community. She is a longtime conservative activist who earned her stripes helping local, statewide and national campaigns.

In the Texas House, she has passed numerous bills for her district, including legislation to require a photo ID before casting a vote in-person. She is also a strong pro-business advocate who has fought for safer communities by being a field general in the war on illegal massage parlors.

“I’m so proud to have Patricia’s support in this important campaign,” said Koenning. “Her endorsement, along with others from State Sen. Dan Patrick and Dr. Steven Hotze, are vital. To have a strong Republican woman like Patricia at my side tells me the backbone of our party is with me.”

More endorsements from community leaders and activists will be announced soon. For more information, visit www.court-koenning.com. To add your name to the growing list of supporters, click here. And to be a financial supporter, click here.

pd pol ad * Court Koenning Campaign * Vidal Martinez, Treasurer

That’s a nice pickup for Koenning. Harless has become more visible in this election cycle. Quorum Report’s Scott Braddock reported that Harless not only endorsed Rep. Debbie Riddle, she attacked Riddle’s opponent pretty harshly:

The man who has now filed to challenge Riddle in Northwest Harris County, Tony Noun, is a Lebanese immigrant who sayson his website that he got into business in 1996 in the automotive industry. He is a member of the Cherry Tree Republicans, The Greater Houston Pachyderm Club and the Downtown Pachyderm Club. He’s also a member of the Northwest Houston Chamber of Commerce as well as the Spring-Klein Chamber of Commerce.

Noun’s announcement was met with sharp criticism from Rep. Patricia Harless, a Republican who represents nearby Spring. “It’s disappointing when someone that isn’t a very reputable guy files to run against you,” Harless said and asked people to donate to Riddle. There was no immediate comment from Noun’s campaign about that.

Also be sure to read the update to my previous post on this race Shameful campaign tactic in Harris County District Clerk race.

 

Dan Branch backs HB2, legislative process

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Dan Branch
Dan Branch

Texas Attorney General candidate Rep. Dan Branch filed a “friend of the court” brief in the battle over HB2 implementation. HB2 is the contentious pro-life legislation that was passed by the Texas Legislature in the second special session of the 83rd Legislature earlier this year. Federal District Judge Lee Yeakel ruled two parts of that bill unconstitutional:

  • A requirement that physicians performing abortions have admitting privileges at a hospital within 30 miles of the clinic in which they perform abortions.
  • A requirement that physicians follow FDA protocol when administering “pill-induced” abortions.

A three person panel of the Fifth Circuit stayed (overturned) Yeakel’s ruling, allowing the legislation to take effect. The full Fifth Circuit will hear the case in early 2014. It is for that hearing that Rep. Branch filed his Amicus Curiae in support of the legislation. I want to highlight a few sections of the brief.

Remember all the noise from the left that HB2 was about politics and not health and safety?

In their challenge to H.B. 2, Plaintiffs have called into question the motives and sincerity of the Texas legislators who supported this bill. As a member of the Legislature who specifically asked the Governor to place these issues on the legislative agenda for the special session—and who of course voted in support of H.B. 2—I submit this amicus brief in response.

…

The Supreme Court has long recognized the critical role that states play in safeguarding the health and welfare of their citizens. In recognition of that great responsibility, the Texas Legislature passed H.B. 2 to protect the health and well-being of all of its citizens

…

Moreover, the ruling below is particularly flawed because of its failure to adhere to the Supreme Court’s repeated admonitions that courts should defer to the judgment of the democratically elected representatives of the people when engaging in rational basis review

I like that Branch took this on in his first argument. Too often we see judges trying to overrule the will of the people. As Branch says,  “courts should defer to the judgment of the democratically elected representatives of the people”.

Branch continued this theme in his next argument about admitting privileges not being a burden:

But not only was the district court wrong in its ultimate factual conclusion, it was not the court’s place to question the judgment of the Legislature in the first place. The elected representatives of the people of Texas determined—after a great deal of reasoned deliberation—that an admitting-privileges requirement would further safeguard the health of all Texans. That analysis is entitled to the utmost deference from the courts.

I like that Branch specifically supports the process of elected representatives making law, not judges. He rejects the notion that it was politically motivated and demonstrates that the court had no valid reason to interject its own “feelings” and “beliefs” on the issue.

As I read and learn more about each of the candidates for Attorney General, one thing is becoming increasingly clear – Branch is truly the most qualified for the position. As he stated in his remarks at the Downtown Houston Pachyderm Club, it isn’t enough  to pass bills – you have to pass bills that will pass constitutional muster and go into effect. HB2 is an example of his work – he was instrumental in writing it and including language in it that ensures that it will be upheld all the way through the Supreme Court if need be.

It isn’t enough to want to “be tough on Obama”. The next Attorney General has to be competent enough to get the job done. I don’t want to criticize the other guys, they seem to be nice men and are certainly “conservative”. I just think it is time Republican primary voters went back to the model of choosing the most competent person for the job instead of who can yell “I’m the most conservative” the loudest.

Here is a short video on Branch and the Voter ID law:

 

Fourteenth court of appeals to hear James Jenkins vs State of Texas

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The Texas Governor’s race just got a bit more interesting. The Fourteenth Court of Appeals in Houston has provided notice to the Texas Attorney General’s office that the constitutionality of a statute of this state has been challenged by appellant James Alan Jenkins. In representing James Alan Jenkins, the first of The Woodlands Road Utility District defendants to be convicted, George McCall Secrest outlines the two points of error.

Point of error number one (emphasis mine):

“The trial court reversibly erred by refusing to include in its charge to the jury an instruction on the defense of mistake of law which was raised by both the evidence and specifically requested by defense counsel”

Point of error number two:

“Section 1.015 of the Election Code is unconstitutionally vague as applied to the defendant herein because the definition of residence is fatally ambiguous and encourages arbitrary enforcement of the penal law in violation of the Due Process Clause of the Fifth and Fourteenth Amendments to the United States Constitution”.

As explained in the appellant brief, Jenkins made the decision to change his residence to the Residence Inn only after consultation with legal counsel and ironically, after careful review and reliance on the opinions & documents suggested by some of the very legal  authorities who testified against him. Admitted into evidence was Texas Secretary of State Election Law Advisory Opinion GSC-1 which set forth the legal definition of residence. Based on the seminal case on residency, Mills v Bartlett, it was the very case David Jennings wrote about in his article on the TRO filed by Roy Morales against Michael Kubosh. Don Hooper also wrote about the defense of mistake of law  in the article about the case against Clyde Bryan & Eric Dick (here).

Opinion of Attorney General – Opinion No.- GA 0141 was also entered into evidence by the defense during the trial. That opinion of the Texas Attorney General, also in reliance on Mills v Bartlett explains (emphasis mine):

“The intention of the voter registration applicant is crucial to a proper determination of residence and every person is strongly presumed to have the ‘right and privilege of fixing his residence according to his own desires’”

The brief makes clear the Secretary of State advisory opinion and the Mills v Bartlett opinions were issued by the very same authorities Montgomery County First Assistant District Attorney Phil Grant suggested Jenkins consult in a letter Grant sent to Jenkins (and others) prior to the May 2010 RUD election.

Read the notice here and the entire brief here. The State brief is due December 23, 2013.

Yep, the Republican nomination for Governor of the State of Texas just got a bit more interesting.