The place to be on Friday afternoon was the 151st District Court. Dave Wilson, the recently elected Houston Community College board member, was under fire and the threat of removal because, according to Vince Ryan, he “may not reside” where he says he does. This is the third challenge to Dave’s residency and more challenges are expected from County Attorney Vince Ryan.
The bold truth is that Vince Ryan is trying to overturn an election. The election process is just that, a process. A candidate submits an application to be on the ballot and, following an eligibility determination, the candidate is placed on the ballot. The election occurs and the candidate either wins or loses. The fact remains that Vince thinks it is okay to overturn the will of the voters. Remember that this did not turn out well when Annise Parker tried to overturn the red light camera election. I expect a similar fate for County Attorney Ryan.
Vince Ryan claims to have credible information that Dave does not really “reside” at his residence. This action seems to be carefully choreographed between the City of Houston (think $350,000 a year City Attorney David Feldman) and Vince’s henchmen, passing information between each other concerning Dave’s residential occupancy permit, photos, filings, along with other information. The stakes are high and the HCC board has been a hotbed of impropriety for years: building facilities in Qatar, board members steering contracts, self-dealing – you name it, they’ve been accused of it.
On Friday, Judge Engelhart, presiding judge of the 151st District Court and a democrat, seemed well briefed by the County Attorney’s office. He seemingly had reviewed some of the County’s points – there were only a few. The Judge asked the attorney’s to brief their issues and he would get back with them in ten days to set a trial schedule. There was an interesting discussion on the viability of injunctive relief. The proceeding does not allow for injunctive relief; so, injunctions and restraining orders are not a legitimate remedy. The Texas Election Code assumes someone is elected until a formal proceeding can be held.
The problem for the County is that the rules of a quo warranto proceeding are very specific. The case law is entirely on Dave’s side. Dave has been duly elected, and according to his attorney, Keith Gross, Dave does not even have to receive the oath in order to be seated as an HCC board member. Unfortunately for Wilson’s foes, the bar to remove an elected official is very high. Just ask former Harris County Commissioner Jerry Eversole.
Folks are very nervous, which explains the high level of legal activity. Think about all of the vendor contracts stacked up from the recent bond sale. Dave will certainly investigate all of the connections and sniff out any impropriety.
The office of Vince Ryan, a Democrat, will soon be flooded with a number of requests for residency investigations. Let’s take Jessica Farrar. Her husband has a law practice in Austin. Does Jessica Farrar not sleep with her husband in Austin? Or Jack Christie – he lists his chiropractic office as his residence while really living in Bunker Hill. I have received information and evidence that a lot of people don’t truly live where they say they live? Does anyone who lacks a four-slice toaster not qualify? I hope you see where I am going with this. The County Attorney has kicked over a can of worms that is going to wreak havoc with many elected officials and especially the County Attorney.
This story is not over. Judge Engelhart insinuated that he did not believe injunctive relief was applicable in this situation. He asked both sides to prepare briefs on the case, submit them to the court, and he would make a decision regarding the applicability of injunctive relief. Instead, Vince Ryan decided to file a new temporary restraining order. The original restraining order expires today, if it was ever valid. So, now, an ancillary judge will hear the county’s new application for a restraining order. Temporary restraining orders are heard by the assigned ancillary judge, a rotating position. The quo warranto case is filed in the 151st District Court with Judge Engelhart. Certainly Vince Ryan isn’t forum shopping, right?
The newly filed temporary restraining order is scheduled to be heard in the 270th District Court by Judge Brent Gamble at 10:30 this morning.
This week, Dave will attend the board meeting and take his seat on the board. He may even lobby the board to make him chairman. I think that he would make a good one.