NAACP Chiefs Forum Last Questions Part 2

Answers to the second and last group of questions at the NAACP forum, March 1st. This is split into two videos to meet time and size restrictions.

This second clip contains answers from candidates Cunningham, Burkett, and Vasquez.

NAACP Chiefs Forum Last Questions Part 1

Answers to the second and last group of questions at the NAACP forum, March 1st. This is split into two videos to meet time and size restrictions.

This first clip contains answers from candidates Kading, Davis, and Mida.

NAACP Chiefs Forum First Questions part 2

Answers to the first group of questions at the NAACP Chief Candidates Forum, March 1st. This is split into two videos to meet time and size restrictions.

This second clip contains answers from candidates Davis, Cunningham and Burkett.

NAACP Chiefs Forum First Questions part 1

Answers to the first group of questions at the NAACP Chief Candidates Forum, March 1st. This is split into two videos to meet time and size restrictions.

This first clip contains answers from candidates Vasquez, Mida, and Kading.

NAACP Chiefs Forum Introduction

We have been furnished a DVD taken at the NAACP chiefs candidate forum held last saturday, March 1st. This is the candidates introductory remarks. Answers to questions will follow soon.

Chief Candidates Forum

We now have the videos of the candidates presentations up on our BLOG. These are from the February 26th, 2008 forum at the River Terrace. Each candidate has a separate post, and each video is about 5 minutes long.

If you have a problem watching these videos, we will be making a DVD available this weekend as well. Leave a comment or contact me if you need one.

This is a first for San Angelo.

Candidate Bruce Burkett Presentation

Candidate Bruce Burkett's presentation at the Feb 26th Forum.

Be sure to check out all the candidates presentations. They will be up soon.

Produced and Copyright by ConchoInfo and MDR under the Creative Commons Attribution Share Alike license.

Candidate Ed Cunningham Presentation

Candidate Ed Cunningham's Presentation at the Feb 26th Forum.

Be sure to check out all the candidates presentations. They will be up soon.

Produced and Copyright by ConchoInfo and MDR under the Creative Commons Attribution Share Alike license.

Candidate Jeff Davis Presentation

Candidate Jeff Davis' presentation at the Feb 26th Forum.


Be sure to check out all the candidates presentations. They will be up soon.

Produced and Copyright by ConchoInfo and MDR under the Creative Commons Attribution Share Alike license.

Candidate Ed Kading Presentation

Candidate Ed Kading's Presentation at the Feb 26th Forum.

Be sure to check out all the candidates presentations. They will be up soon.

Produced and Copyright by ConchoInfo and MDR under the Creative Commons Attribution Share Alike license.

Candidate Steve Mida Presentation

Candidate Steve Mida's presentation at the Feb 26th Forum.


Be sure to check out all the candidates presentations. They will be up soon.

Produced and Copyright by ConchoInfo and MDR under the Creative Commons Attribution Share Alike license.

Candidate Tim Vasquez Presentation

Candidate Tim Vasquez's presentation at the Feb 26th Forum.

Be sure to check out all the candidates presentations. They will be up soon.

Produced and Copyright by ConchoInfo and MDR under the Creative Commons Attribution Share Alike license.

Rangers reports: Updated twice

The reports by Texas Ranger Shawn Palmer are available and they are interesting reading. There are 691 pages in the file we have just received. This contains a request letter and three reports. I have made these scanned reports searchable and more compact. Right now report 1 and report 2 are ready and online. Report 3, the largest, is split into 4 parts of about 200 pages each. They available as part 1, part 2, part 3 and part 4. There may be some errors in the searchable text, but the information displayed should be accurate. We have done a lot of checking but some errors may have crept in. Let us know if you find any errors so we can get them corrected.

These reports show the amount of detail required for an investigation. They also contain important information that hasn't been available previously. We are still studying these reports and will have analysis and comments later. I do want to say that my initial reaction is one of disappointment and we will leave it at that.

Update 2. The Standard Times now has these reports online here. They have more bandwidth so they should be more readily available, if not as easily searchable.

Chief Comparisons

A comment was made on gosanangelo.com that deserves much further explanation: "(When it comes to appointing the police chief) "Hiring" a President to lead the military, would amount to the same thing." Sounds good, but the comparison is seriously flawed.

The Presidents powers as commander in chief are spelled out in Article II, section 2 of the Constitution. There he is given control over all military branches, including the militias when called into the actual Service of the United States. He also makes treaties and agreements, receives and appoints ambassadors, and appoints most other federal officers and judges with the advice and consent of the Congress. In Article I he is given the power and duty to approve laws, including the budget passed by congress (with the exception of those laws where his veto is overridden.) He is given the power and duty to enforce those laws.

At the city level, equivalent powers are distributed between the Mayor, City Manager, and City Council. The Mayor is in charge of all public safety services, including law enforcement, in an emergency because he is by ordinance and state law the Emergency Management Director. The City Manager, by city charter and state law, shall see that the laws and ordinances of the city are enforced. The city manager develops the budget, which is then approved by the City Council, including the Mayor. The number of city employees, including police officers, is set and approved by the City Council. All agreements with other government entities are approved by the city council and signed by the Mayor or City Manager as appropriate. All contracts are subject to council approval. The police chief can't negotiate or sign a contract without prior council approval for that specific contract.

The Police Chief is really closer to the Chief of Staff of the Army. He controls the largest, but not the only, law enforcement organization the city has. He has little say on the laws he must enforce. He has no control over how much money his department gets. He doesn't control the number of officer positions available. He doesn't set the pay rate for his officers, that is done by the city council. He doesn't set the promotion requirements, that is done by the civil service commission. The only positions he can promote to are the assistant chiefs positions. If he fires or suspends an officer, that can be overridden by the civil service commission. He is in very much the same position as an Army General who is given a command and told to go carry out the mission that the President directs him to.

With the Police Chief having only daily operational control over a part of the overall law enforcement or public safety resources of the city, it is hard to see his job as being in any way comparable to the Presidents. There have been countries that have tried electing their generals in the past, but they have all abandoned that as a bad idea. If you are looking for the local equivalent to the President, that would the Mayor.

Trust or Consequences

In the course of discussing Prop 26, the appointed police chief, a recurring theme has been how much distrust voters have for the City Council, the City Manager, city gov't in general. Typical would be something like "It's all about the monied, old boy network that has always run San Angelo, they don't care about anything but themselves, can't be trusted", etc, etc and so forth.

Now it is understandable that the average citizen doesn't really pay attention to city gov't until they see utilities bills or taxes going up and it's check writing time. I have to remember, most people have a life and are not political junkies.

That said, let me point out a couple of "inconvenient truths". I have been following city affairs far more closely than most people for over twenty years. First thing, no Council ever took office by martial law, voters put them there, to the extent we are spreading blame, save a bit of that peanut butter for ourselves. Second, the "old boys" aren't there. City manager, Mayor, Councilmembers, no one has been there six years yet. In fairness, it took way longer than that for the pipes to rust out and the potholes cave in. The neglect that rose up and bit us in the nether regions last year was not the fault of the current city gov't, but it was definitely a steaming bowl of offal dumped in their laps.

Another inconvenient truth is that life ain't always fair, and nuttin's for free. We all want good streets and dependable water and by the way find a way to do $200 million of infrastructure without raising my bills. Sorry, the good infrastructure fairy seems to be out to lunch, and the money will eventually come from the same source as all gov't expenditures, our ass pocket. If you have some secret formula to make the necessary repairs at little or no cost, please share it with us.

The situation we are in is why I am especially proud of Prop 25, Capital Improvements. If we pass this measure, no future Manager or Council will be able to say "Gee, nobody told us", there will always be a detailed five year-out plan in effect, and future Councils will see it before anything else on the budget. Then they can fall out and fight for scraps going to tennis courts and lights.

The Charter Committe did not offer Prop 5, a pay raise by whatever name, to reward the oversights of Councils long gone, nor to "pay off" the existing Council. We hoped it might make it possible for knowledgable working folk to be able to afford to run and serve. As Thomas Jefferson observed, a periodic revolution is healthy for the body politic.

I know the bill just recently hit your mailbox, but the genesis of that bill pre-dates our existing city government. We are paying for mistakes made years ago, by people long gone.

Now before someone shouts "pollyanna", I don't claim the city has quite hit perfection, there are a few items left to be addressed. A $200,000 misunderstanding on water bills might be one detail, mind you that is just generating and mailing the bills, no pipes included. I think it would be nice to catch three green lights in a row on Bryant Raceway. Newest improvement there, going south from Harris, unless you floor it you get to stop at Beauregard. Then Washington. Then Av N. Then Knickerbocker.

Zoning is an ongoing nuisance for homeowners, entrepaneurs and developers. Keeping rendering plants out of residential neighborhoods is one thing, making honest businesses jump through hoops over details of fence heights and counting trees, or giving homeowners grief over two feet from right-of-way or adjoining property when no neighbors object is an impediment to growth.

More of the same, that's why government needs interested citizens looking over its shoulder, and making rude noises from time to time. that's part of what we try to do here, but we can use all the help we can get. I try to remember to give the city an "ataboy" when they get it right, this is not all negative.

All the above notwithstanding, on some items, blaming the current Council for problems handed off to them is like blaming the new driver when a thirty year old bus breaks down. We really do have new faces, new attitudes there. Try actually talking to your Councilmember, you might be surprised how receptive they are to new ideas.

By the way, KIDY is generously giving a half hour of valuable air time to a debate/discussion featuring yours truly and Councilman Dwain Morrison on the Charter Amendments. Although we deeply disagree on Prop 26, over the years I have agreed with Dwain more often than not, this should be an informative, respectful discussion of the issues. There will be a "questions" period and KIDY is soliciting questions from the public at www.myfoxsanangelo.com If you care, please contribute and listen.

Above all, early voting starts Monday. Please, please, sometime between now and election day, get up and vote. This barkeep never objected to discussing politics in a bar; they don't teach it in civics class, but the two primary sources of the American Revolution were; Chuches and taverns. I do have one rule: if you didn't vote, I don't want to hear it; voting is your license to bitch.

Chief Debate

KIDY is graciously hosting a debate on charter amendments, with emphasis on the elected vs. appointed chief, proposition 26. They are asking for questions on their website so if you have a question, please submit it to the station. The debate will air on Oct. 27th.

Kudos to FOX for this civic service.

Easy? I don't recall

There are few things more misunderstood in the discussion on the upcoming appointed chief ballot measure than the procedure for recalling an elected official. I keep hearing that it's easier to do a recall election that it is to get an appointed chief fired. Most people don't understand or severely underestimate the effort and expense involved in a recall. It is a very high bar.

First off according to the city charter there are 60 days to collect the names, addresses, and voter registration numbers of at least 30% of the number of registered voters that voted in the last chiefs elections. Roughly 9,500 people voted in the May 2004 chiefs election. That means you have to collect at least 2850 valid signatures with addresses and voter registration number. Figure there will be some spoiled petitions, ineligible voters, etc., and the effort must collect 3000 signatures to be on the safe side. I have researched the results of many petition drives, and the cost has been from a low of about $10 per signature up to almost $100. Let's assume that we are very lucky and can do it for the $10 figure. We are talking $30,000 to get enough valid, verified signatures with addresses and voter registration information.

After they are collected, the city clerk (who does the duties of city secretary) has 30 days to certify the petitions. The official (the chief in this case) would then be notified, at which time he has 15 days to decide whether or not to resign. If he choses not to resign, then an election is scheduled by the city council not sooner then 30 days later. The city charter says that the election should be scheduled no more than 90 days from that date, but election code throws a monkey wrench into that because according to Section 41.001 of the election code, an election must be held on one of two uniform election dates. There is an exception for emergencies but an emergency election must be approved by the governor. That means that if every thing goes right it will probably take 135 days to hold the recall election. If not, it could take almost a year until you could vote the rascal out of office.

Then there is the expense of campaigning and getting the people out to vote. The election itself will cost the city significant money. If it's a close election, there will be a recount. After close to a year, after thousands of dollars in expense, you finally might get the rascal kicked out of office.

Some how that doesn't meet my definition of easy.

Chief misconceptions

I decided to wait on the debate Monday night sponsored by the Tom Green Democrat Club as to the elected/appointed Police Chief. Glad I did. A few minor hitches. Councilman Dwain Morrison was unable to be there, and Floyd Crider attempted to work from Dwain's notes as well he could. I point this out in case there was a slip up in communication in that process, otherwise, we have a crucial misapprehension by one of the appointed Chiefs' more prominent opponents.

One reason I was able to support this version, after going against it last time. we have clarified the appointment process, or we thought we had. The appointment itself is made by the city manager, then ratified by the City Council. Should it become necessary to remove a Chief, that is done by the City Manager on his sole authority.

If Mr. Crider's reading of the notes was accurate, Mr. Morrison seemed to believe a Chief could be removed anytime four Council members disliked him.

I suppose the case could be made, but it is a heck of a stretch. Yes, a bloc of four Council members can remove the manager, so in theory they could either threaten to exercize that authority to bend a manager to their will, or in the extremity, actually fire and replace the manager to get to the Police Chief. In practice such a move is nearly always a public relations disaster. Those of us who are old enough to recall the Nixon years can remember how well it worked for him as Nixon went through two Attorneys General in a weekend before a third finally fired Archie Cox.

I mentioned our meeting with WTOS. I do not intend to characterize their postion as a group, so I stress, these were questions from individual members. One set of questions went to the the possible process of removal/replacement under the current elected system. Well, in between four year elections, there isn't much. The recall mechanism was mentioned, but as a political reality, it is virtually undoable. A recall election would need over 5,000 valid signatures just to be scheduled and the group capable of mobilising that effort in San Angelo is non-existent.

A point that came up, what if the police dept. has become so factionalized that we might want to bring in a Chief from outside San Angelo, a qualified candidate with no ties to any group or internal candidate? Under the elected Chief system, that is not an option. While the qualifications for an elected Chief don't even mention a law enforcement background, a candidate has to be a two year resident of the city. On that, under the appointed Chief, by state law, we could hire a Chief from anywhere, but a candidate must have five years experience minimum, with at least an Intermediate Master Officer's certification.

I add, on this last, I would like it if we could "promote from within" when possible, having a new Chief familiar with the city. That would require stability in the Dept. and a process aimed at training a few promising candidates who show leadership potential. We have neither. The "house divided against itself" has been mentioned too often, by too many to be a fantasy. Under the elected system, what encouragement does any Chief have to train up a potential electoral opponent?

I think it is time to tackle this problem. The timing suits. If approved by the voters, the appointment process would take effect at the end of this term in May. We have, aside from the usually divisive election, a felony investigation of Chief Vasquez underway. However that investigation turns out, it points up a huge defect in the elected method.

I know of and understand the reluctance of many voters to yield direct elective say on any office, but in this case, I believe it's time to do so for good reason. Too few voters know the "rest of the story" well enough to make the best decision on this crucial office.

Charter Election Status

We are actively gearing up the education and information campaign on the Charter Amendments that are on the ballot in the November election. We have more information on the main ConchoInfo.org website, we have an informational PowerPoint presentation, and the city has election information here.

Most of these amendments are non-controversial housekeeping measures that update the language to comply with current state and federal laws and how we actually do business. The heavy hitters are the Appointed Chiefs amendment, the Capital Budget amendment, and the raise in allowances for the Mayor and Council Members.

You opinions, as always, are welcome here.

Chief Concerns

A recent comment on an earlier post brought up some questions that need answered about an elected vs. appointed chief.

Question 1: Who would appoint the police chief if we do appoint the chief?

• That is spelled out in LG 143.013. The City Manager (CEO) would appoint the chief with confirmation by the City Council (governing body).

Question 2: What are the qualifications for an appointed or elected chief?

• Appointed chiefs requirements from the above reference are "A person appointed as head of a police department must be eligible for certification by the Commission on Law Enforcement Officer standards and Education at the intermediate level or its equivalent as determined by that commission and must have served as a bona fide law enforcement officer for at least five years." The city manager, with input from the council and public could add other requirements. These requirements don't apply to an elected chief.
• The qualifications for the elected chief start with section 61 of the City charter that says "The Chief of Police shall have been a resident of the City of San Angelo for a period of at least two years immediately prior to his election and shall possess the qualifications of electors in said city." The state adds some requirements in Occupation Code 1702.302. It says in part "in an elective office must obtain a license from the commission not later than the second anniversary of the date the officer takes office." It also states that if the elected officer (police chief in this case) fails to obtain or maintain the license within the 2 years he can be removed from office.

Question 3: Who has oversight of an appointed or elected chief?

• In the case of an appointed chief, he would serve at the will of the City Manager, who would be also be his direct supervisor. As an appointed department head he would also be subject to investigation and inquiry by city council.
  
• An elected chief has no real supervisor within the city government. The council can "adjust" the chiefs pay, and the council does control the police budget, but they have no real authority to remove or discipline the police chief. The voters can remove an appointed chief at the next regular election. In theory, the voters could petition for a recall election, but that requires a large number of signatures on petitions, and a full blown election with all the time and expense involved in that process. The council can't call a recall election. That has to start with a citizens petition with sufficient signatures.
  
• Either chief can be removed for conviction of a felony or a crime of moral turpitude. Neither chief is subject to review or oversight by the civil service commission.
  

Hope that answers some of the basic questions on the mechanics of appointed and elected chiefs.