The Collin County Observer

According to this editorial from The Dallas Morning News, the quality of Texas highways sunk from 8th to 17th in the nation.

In DFW toll lane miles will grow from 520 to over 3,300 miles by 2030. Many of these lanes will charge tolls in excess of $1/mile.

There are no major highway projects planned for the Collin county area that are not dependent on the collection of tolls for financing. Most of these new roads will be built and managed by private enterprise, not government. These new roads will require that they make investors a decent profit - if they don't, tolls will rise.

Collin County will be seeing its share of these managed lanes and toll roads. Frisco is already almost completely locked in by toll roads, and if the Central Expressway expansion is tolled (as is likely), all of our larger cities will be largely inaccessible without the paying of tolls.

If nothing is done, our citizens will live in continual traffic gridlock, and our air quality will worsen. Our continued growth will stall if we do not have the necessary transportation infrastructure to sustain that growth. We simply will not be able to attract major corporations, if their employees can not get to work.

Yet, we've heard very little from our County Commissioner candidates and incumbents on their plans to prevent Collin County from, in effect, becoming a "Gated Community" with a $20 price of admission in tolls for a daily commute.

It would be easy to simply place the blame on the state and federal governments. But here, in one of the fastest growing counties in the nation, just blaming someone else does nothing to solve our problems.

The Collin County Observer will be pleased to publish, unedited, any statement from a commissioners' court candidate or incumbent on planning and/or financing the needed expansion of our transportation systems.

Bill

also see:
DMN - NTTA leaders fear Dallas area's push for toll roads is moving too fast, CCO ,December 28, 2009

Mass transit sinking in Collin County?, CCO, October 11, 2009

DMN - North Texas Tollway Authority OKs rate hike, CCO, July 17, 2009

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Editorial: Solutions to traffic woes are scarce

Tuesday, December 29, 2009
The Dallas Morning News Editorial Board

As if we need reminders that traffic around here is a drag.

The Texas highway system has slipped several notches in new state rankings from the free-market Reason Foundation. Rated for performance and efficiency, Texas has fallen from eighth in the nation to 17th.

The reason: urban congestion. Texas' metro highways now rank as the 11th most congested in the nation, according to the Reason analysis.

That's bad for business, bad for the air, bad for the quality of life.

At least the bad news helps remind state leaders of their negligence in protecting urban economies from the corrosive effects of impossible traffic.

Too little state money has been flowing to metro areas to complete and improve regional highway grids, and top leaders are generally bankrupt of bold, definitive ideas to reverse the trend.

That leaves North Texas with few options to building a massive system of tolled and partially tolled highways.

Just how massive may come as a shock to drivers whose monthly TollTag? charges rival their utility bills:

•Today, North Texas has 520 miles of tolled lanes.

•In 2030, the region is expected to have 3,379 miles of tolled lanes.

Those include hybrid projects like the massive LBJ rebuild, which will provide free lanes as well as toll lanes for drivers willing to pay for guaranteed speed. That's a useful traffic-management tool, even if people with toll fatigue won't see it that way.

It's hard to get state lawmakers to admit it, but the widening web of tollways is preordained by their refusal to boost the main source of state road revenue: the motor fuels tax.

That tax was last raised, to 20 cents a gallon, in 1991. Since then, inflation has eroded the buying power to about 13 cents.

The Senate transportation chairman, Sen. John Carona of Dallas, has the guts to call for an increase of 10 cents a gallon. But few others have been interested in discussing that obvious step, preferring to focus on new borrowing programs.

Lt. Gov. David Dewhurst is reviving talk of financing projects by borrowing against additional sales taxes that would be generated along a new roadway. He also wants to analyze whether money now dedicated to rural roads should be shifted to fighting urban congestion.

Both ideas deserve careful consideration by lawmakers, but we doubt they would bring enough money to avert a predicted cutoff of new state highway projects come 2012.

Neither do we see funding initiatives among transportation ideas announced yesterday by Sen. Kay Bailey Hutchison in her run for governor. She said she is skeptical about the need for new money and wants to concentrate on an audit of TxDOT?. Gov. Rick Perry has made it clear that he thinks roadways are underfunded, but he has stopped short of calling for specific new sources of money.

If state leaders are unwilling to own the problem and point the way to a solution, they may someday have to deal with a threat that Carona pointed out in the Reason study: Mississippi is gaining on us.

link to this editorial at The Dallas Morning News....

Rey Flores has filed in the Democratic Primary for Justice of the Peace, Precinct 3-2, which is the seat held by 9 year incumbent John Payton. Judge Payton, first elected in 1990 is running for re-election to his 3rd full 4 year term, and assuming he doesn't have a primary opponent, will face Mr. Flores in the November election. Mr. Flores' campaign web site is www.floresforjp.com

Bill

From a campaign press release --

Rey Flores files for Democratic Party nomination to become Justice of the Peace for Collin County Precinct 3, Place 2

FOR IMMEDIATE RELEASE
December 29, 2009

Rey Flores, a 17 year Collin County resident with 27 years of experience in the criminal justice system, announced today that he is running for Justice of the Peace, Precinct 3, Place 2 in Collin County.

“Today, I am announcing my candidacy for Justice of the Peace. I do so for a number of reasons:

First, I have 27 years of experience working within the criminal justice system. As a former Adult Probation Officer in Dallas County, I have been deeply involved in the court process negotiating with both prosecutors and defense attorneys in recommending possible case dispositions. My criminal justice career has included holding positions requiring me to not only supervise those that go outside the law, but also to manage officers charged with supervising the adult probationers.

Second, I have great interest in young people that too often fail to see the value of education and become truants. Unfortunately, the result of such behavior too often ends up in misdemeanor and felony courts later, at great expense to the taxpayer.

Third, I believe Collin County residents should have a qualified choice in deciding who will best serve them in the position of Justice of the Peace.

I believe the Justice of the Peace position is one that provides the opportunity to intervene early and to change the course of young people’s lives. I have the work and life experience, the education, and maturity to serve Collin County well as Justice of the Peace for Precinct 3, Place 2.”

Upon coming to Dallas in 1978, Mr. Flores was hired by the Dallas Adult Probation Department (now known as the Dallas Community Supervision and Corrections Department). He conducted casework on adult probationers on supervision for cases that varied from murder to criminal mischief and everything in between.

In 27 years as an officer, Flores rose in position and responsibility from caseworker, to assistant supervisor, supervisor and finished service as Unit Manager & Administrator.

Rey Flores has an impressive professional background in criminal justice that is well suited to the position of Justice of the Peace that he is seeking, as Flores has the following experience:

• As an administrator, Flores had supervision and oversight of staff conducting work in 15 felony courts and 11 misdemeanor courts.
• Served on the initial taskforce charged with creating the first drug court in the State of Texas, and then went on to supervise and create programming for that court and a subsequent felony re-entry court.
• Supervised staff conducting internal counseling programs, inpatient drug treatment programs, a restitution center and a reporting center geared to provide education and numerous living skills.
• Supervised the internal officer training program and conducted the State required officer training certification.
• Served as a facilitator for the National Association of Drug Court Professionals, providing instruction and direction to judges, prosecutors, defense attorneys and other court staff interested in developing their own drug courts.

Rey Flores has an exceptional history of community involvement:

• Dallas County Community Action Board
• Dallas County Youth Services Advisory Board
• El Centro College Hispanic Advisory Board
• Promise House Board of Directors
• Metroplex School Advisory Committee
• Dallas County DWI Taskforce
• Eastfield College Social Work Substance Abuse Advisory Board
• Criminal Justice Work Group of the Coalition for the Mentally Ill
  Dallas County Charitable Campaign Employees Committee

###

You might be surprised to learn that the Collin County Jail is the largest provider of mental health services in Collin County.

The cost to our taxpayers and our society is enormous - and growing. What is the cost to our communities? What can be done to reduce recidivism, prevent offenses and keep our neighborhoods safe? What resources are available to see that treatment is available when appropriate?

The HealthCare Committee of Collin County (HCCC) is sponsoring a panel discussion on issues of mental illness in Collin County Jails.

Panelists for the discussion will be:

• Hon. Jerry Madden – District 67 TX House of Representatives; Vice Chair, House Committee on Corrections
• Hon. Chris Oldner – Judge, 416th District Court; Administrative Judge, Collin County District Courts
• Assistant Chief Deputy Randy Clark – Collin County Sheriff’s Office
• Dr. Xiaoyan Wu – Contracted Psychiatrist, Collin County Jail
• Janie Metzinger – Mental Health America (serving an 11 county area including Collin County)
• Jane O'Brian – Collin County Adult Probation
• Lynda Wynn Drain - local defense attorney, Master-Substitute Judge for Mental Commitment Hearings since 2008

The meeting will be held Tuesday, January 5, 2010 from 7:00-9:00 p.m. at the Spring Creek Campus of Collin College, 2800 E. Spring Creek Parkway, Plano, TX 75074 in Room C103. There is no cost, and the public is invited to attend and ask questions.

This will be the fourth major panel discussion hosted by the HCCC. Previous expert panels discussed the role and financing of non-profit clinics, the need and government resources for mental health care, and the county indigent health care program. These well attended panel discussions have featured expert panelists from state and local government, elected officials and private and non-profit care givers.

The Healthcare Committee of Collin County is a nonpartisan grassroots organization focused on ensuring adequate healthcare for all residents of Collin County. The purpose of the Committee is to encourage members and others to be educated on all aspects of healthcare as it pertains to Collin County residents. All are welcome.

More information can be found on their web site, www.collinhealthcare.org

Bill

In the interest of full disclosure: I serve on the Leadership Team of the HCCC.

I believe this election is of critical importance to our county. In the most important races, voters will have the opportunity to choose several new judges, a new District Attorney, and 3 members of the County Commissioners Court.

Those whom the voters choose will have the opportunity to put a 21st century mark on the county government and its criminal justice system. I'm not sure that we are at a "tipping point", but the time seems to be ripe to take a fresh look at and possibly redefine our fiscal priorities, our system of justice and the role of government in fostering the quality of life in our communities.

In most years however, these critical races are overshadowed by top-of-the-ballot battles for Governor, President and Congress. Voters are given precious few opportunities to get to know the candidates for these 'down ballot' races. The media only superficially covers the issues that should be driving these races.

Voters, faced with a bewildering array of judicial and local offices, often make their choices based on vague name recognition or party label, or they make no choice at all.

In order for democracy to function, the electorate must be informed.

The Collin County Observer has been publishing profiles and news releases on the candidates for local office. As the primary season and then the election season progresses, we will continue to do so. We will also publish candidate questionnaires, short 5 minute interviews and we will try to encourage an online debate on the real issues facing our county.

So that the voters can see or themselves who these candidates may be beholden to, we will analyze campaign finance reports and candidate financial statements.

Tomorrow the Observer will publish the first of a series of short "Five Minute Interviews" with a candidate. We will also begin to discuss what we see as the top 5 major issues facing Collin County.

The goal is to inform and to stimulate discussion of the candidates and issues.

Stay tuned.

Bill

Family Of Victim Outraged Suspects' Bond Lowered

CBS Channel 11 / TXA Channel 21
December 27, 2009

ALLEN (CBS 11 / TXA 21) ― A North Texas family is desperate for answers after learning their son's accused murderers are free.

The accused killers posted bail after their bond amounts were reduced.

"I miss him every day, I cry every day; I miss him a lot" says Sania Khan.

It is a pain no mother ever imagines, yet one this heartbroken mother must endure.

"They took away 21 years of my life," says the mother.

Her son, 21-year-old Faran Khan, was killed last month in an Allen park. Investigators say Khan was attacked and killed while practicing cricket.

Police arrested and charged two men with his murder. Bond was set at $200,000 for each. Yet this month both suspects, Richard Hughes and Jefferson Medina-Diaz, were able to post bail after a judge reduced their bonds to $100,000 and $50,000 respectively.

"These boys don't deserve to be out in the streets, they are murderers, they are killers. What judge in his right mind would do that?" cries Sania Kahn.

Her husband Agha is equally frustrated by the move. "Instead of lowering the bond, it should've been increased."

In an effort to raise awareness about the bond reduction and in hopes of spurring a change in the legal system, a Facebook page was created. It seeks justice for Faran.

"We wanted to make sure people had a place to know what was going on and to seek the truth" explains Faran's uncle Najam Khan.

Now the victim's family is making an emotional appeal to the Collin County District Attorney, wanting to know why their son's accused killers were able to get out on reduced bonds.

"The DA needs to put pressure on the judge that these guys need to be behind bars" says Agha. "Justice has to be served, they have to do this for Faran."

Collin County District Attorney John Roach was unavailable for comment Sunday night.

read the rest of this story at CBS 11 / TXA 21....

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Earlier media coverage by the Dallas Morning News at "2 held in fatal stabbing of cricket player in Allen"

Additional coverage at "Texas cricketer Faran Khan brutally killed in a park where he often practiced bowling"

My only comment is "duh!"

Bill

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"People are going to realize that every new road in the metroplex is going to be a toll road."
NTTA vice chairman Victor Vandergriff

NTTA leaders fear Dallas area's push for toll roads is moving too fast

Sunday, December 27, 2009
By MICHAEL A. LINDENBERGER / The Dallas Morning News

As the Dallas area rushes forward in pursuit of more toll roads, warnings that it may be doing so at its own peril have been emanating from an unexpected corner: the top leaders of the North Texas Tollway Authority.

Even as the NTTA enters the final weeks of negotiations that all sides expect will conclude by Feb. 28 with a multibillion-dollar deal to build two new giant toll projects in Dallas and Tarrant counties, the agency's two top board members have been warning that the region may be moving too fast on toll roads.

"People are going to realize that every new road in the metroplex is going to be a toll road," NTTA vice chairman Victor Vandergriff said at a recent meeting of the NTTA board.

He was only exaggerating a little.

The Regional Transportation Council approves a 25-year plan for area transportation projects every five years – and the current plan has included a map with precious few free roads. Roads paid for with taxes have emerged as something of a luxury, one that the RTC no longer sees as affordable, given the rising needs and insufficient funds from Austin and Washington.

A new plan is in the works now, and officials say it could shift away from tolls.

But for now, tolls are fast becoming the dominant way local officials hope to move Dallas area residents from one place to another.

The NTTA already manages three major toll roads – the Sam Rayburn Tollway, the Bush Turnpike, and its oldest and still most lucrative, the Dallas North Tollway – and is collecting tolls on the first stages of a fourth, State Highway 161 in Dallas County.

Over the next six weeks or so, NTTA is expected to reach an agreement with the state Department of Transportation to complete Highway 161 and build the Southwest Parkway and Chisholm Trail toll roads in Tarrant County. A major expansion of the Bush Turnpike is under way now, and officials in Dallas continue to hope that NTTA will build the Trinity Parkway near downtown. State officials have said they want to add new tolled lanes to Interstate 35 between Dallas to Denton, as a means to pay for the expansion of that highway.

In addition, two major private toll roads, the region's first, are expected to begin construction during the next 18 months. The Spanish toll road developer Cintra has teamed with other investors to rebuild LBJ Freeway in Dallas and Interstate 820 and State Highway 183 in Tarrant County, and will add what will probably be the costliest toll lanes in Texas on each.

Both toll projects are expected to be completed by 2016 or sooner.

"Even our free roads will soon have a toll component," Vandergriff said.

Both Vandergriff and NTTA chairman Paul Wageman, who has also voiced reservations about the extent of tolling in Dallas, say toll roads are essential as Texas tries to keep traffic moving in the fifth-largest metropolitan area in the U.S.

But they worry that adding too many tolls, too quickly, could erode the one thing that makes them such a valuable tool in the first place: the willingness of drivers to pay their tolls.

"I do have concerns ... that the public will only tolerate a certain amount of tolling," Wageman told reporters at a news briefing in Arlington earlier this month. "We understand that to get the roads built, there is going to be a tolling component [to help pay for them]. But we are concerned because ultimately we must have public receptivity to tolling. We do not want to be in a position where that receptivity goes away, as that ultimately affects the business we are in."

Toll roads remain a daily trade-off for hundreds of thousands of NTTA customers, who pay to save valuable time getting to work or the airport or to a meeting after school.

But will they remain popular, in the face of rising rates and as they spread to every corner of the region?

Vandergriff and Wageman voiced their worries separately this month as negotiations over Southwest Parkway and Highway 161 accelerated and brought into focus the debt required to build those roads, on top of the $7 billion NTTA already owes.

All that debt will be paid for by tolls – and if the tolls don't produce enough revenue to satisfy bondholders, the rates would probably have to jump, just as they did earlier this year when NTTA increased rates by about 23 percent.

But raising rates will only work if enough drivers are willing to pay the higher rates to offset those who abandon the toll roads.

read the rest of this article at The Dallas Morning News....

I will be celebrating Christmas with my family today and tomorrow.

I want to wish all the loyal readers of the Collin County Observer

Happy Holidays

Our wish is that you and those you love have a lovely holiday and a wonderful New Year.

The Collin County Observer will be back on December 26th.

Bill

Webb announces bid for county court seat

By Staff reports / Plano Star-Courier
Thursday, December 17, 2009

On Wednesday, Duncan Webb filed as a candidate for the office of Collin County Commissioner, Precinct 4 in the Republican Party primary.

Webb decided to run because he feels that "Collin County is at a crossroads, and needs strong civic leadership, integrity and business experience to lead the county out of the worst economic downturn since the Great Depression." He said conservative fiscal policies alone will not keep the county's tax rates low. It will require innovation, efficiency and cooperation to keep taxes low, government minimal and economic development and job creation strong.

During Webb's 12 years on the Board of Trustees for Plano ISD, the district experienced substantial student growth and diversification, increasing state recapture of its property taxes and increasing costs. Through his hard work, fiscal responsibility and innovation, Webb helped keep the district's property tax rate among the lowest in the region while retaining its recognition as one of the best public school systems in the nation.

Webb said his unique qualifications will help him address the issues facing Collin County. Those qualifications include his years of community service and his experience in representing businesses and professionals in legal, financial and real estate matters.

"I feel strongly that my legal experience and training in representing clients in business matters has served me well. My philosophy of listening to all sides, being well-informed, keeping an open mind and balancing the variables to come up with an appropriate solution is at the core of my success," Webb said.

For the past 15 years, Webb has been the president and sole shareholder of the law firm of Webb & Webb, P.C., located in Plano. He has been a Plano resident for almost 27 years. Duncan and his wife, Beth, have two daughters who both graduated from Plano West Senior High School. The Webbs are longtime active members of Christ United Methodist Church in Plano.

The two are well known for their leadership roles in their church and numerous community organizations including the Medical Center of Plano; Plano ISD Educational Foundation; The Junior League of Plano; Assistance Center of Collin County; Plano Library Advisory Board; Leadership Plano Advisory Board; Plano Family YMCA Board of Directors and The Classics Board of Directors.

The Webbs were recently honored by the Plano Chamber of Commerce as the "2008 Plano Citizens of the Year." Previously, the Webb family was chosen by the Plano Family YMCA as "1997 Plano Family of the Year."

Read the story at the Plano Star-Courier....

Michael Handley at The Democratic Blog of Collin County reports on a press conference held today at the Collin County Democratic Party headquarters.

At the press conference, the Democratic candidate for District Attorney J. Eric Reed withdrew from the race and endorsed Rafael De La Garza, who withdrew as a GOP candidate and filed for a place on the Democratic Party ballot.

Mr. Reed distributed the following press release:

PRESS RELEASE FROM THE JOHN ERIC REED CAMPAIGN FOR COLLIN COUNTY DISTRICT ATTORNEY

Good Morning my name is John Eric Reed.

For the past 15 years, I have devoted myself to the practice of Criminal Law in North Texas. Throughout the course of that practice I have continually strived to use my education and abilities to stand up for the weak and protect those less fortunate from oppression and abuse. My desire to help the ordinary citizen stems from the moral values that I learned many years ago from my parents and from my years of service in Boy Scouts. In filing to run as a candidate for Collin County District Attorney, I sought to continue my representation of the common citizen and hoped to stimulate all of the citizens of Collin County to get involved in their local community. After analyzing the political landscape of the county, I decided that my campaign would rise above simple partisan politics and seek to involve every voter in choosing the best course for the District Attorney's office. Last week, I filed to run for Collin County District Attorney as a fiscally conservative Democrat. My goal was to bring to the District Attorney's office an aggressive and efficient approach to administering criminal justice for all of the citizens of Collin County. Shortly after launching my campaign, my wife and I learned that our son has developed a condition which will require ongoing medical treatment. Due to my commitment as a father and husband, I must withdraw my name from the ballot as a Democratic Party candidate for the office of Collin County District Attorney. Withdrawing my candidacy was an extremely difficult decision, but one that was made without regret as my first responsibility is that which I have for my family.

When I determined that I would be unable to run for the office of District Attorney, another great candidate, Raphael de la Garza, transcended partisan politics and will now represent the Democratic Party in this election. I have known Mr. De La Garza since he and I both served as Assistant District Attorneys for Dallas County. Mr. De La Garza is an 8th generation Texas native who is board certified in criminal law. In addition to his experience as an Assistant District Attorney for Dallas County, Mr. De La Garza served many distinguished years as an Assistant United States Attorney in Texas. Please join me in welcoming Mr. De La Garza as the Democratic candidate for Collin County District Attorney.

Here's a brief bio:

I am a lifelong Richardson, Texas Native. I am an enrolled member of the Choctaw nation. My family is 5 generation Texans of Reeds. I graduated Richardson High School in 1984. My father owned a business for the last 50 years in Dallas. My mother was a school teacher and home maker. I graduated from Southern Methodist University with a BS in Economics Finance, BA in Anthropology/Archeology and minor in Business Administration. I was awarded a work study fellowship scholarship to Iowa Law School at the University of Iowa. I worked as a clinical prosecutor in the Bernalillo County District Attorney in Albuquerque, NM. I was a special prosecutor to the Isleta and Laguna Pueblo Tribes in New Mexico. I served as the tribal prosecutor for the Cheyenne River Sioux Indian Nation over a jurisdiction 1/4 over the state of South Dakota. I was also the Special Assistant United States Attorney in South Dakota assigned to the Cheyenne River regarding non-Indian Criminal Activity on the Reservation. I have published articles on Criminal Law. I am a charter member of the Native American Law Enforcement Association. I have edited and published works in the field of Law and Terrorism with Dr. H. H. A. Cooper. I prosecuted the first murder case on the reservation by asserting concurrent jurisdiction with the Federal government since the case of Crow Dog and passage of the Federal Major Crimes Act in 1885. I then moved to Dallas and served as an Assistant Dallas County District Attorney. I then went into private practice of law specializing in criminal trial and appellate law since fall of 1996. I teach as a part time lecturer at UTD with Dr. Anthony Cooper in the topics of Terrorism, Negotiations, Organized Crime, Law & Ethics and Law and Psychiatry in the Inter-Disciplinary Studies Department. I have handled international, federal, military court martial cases and was selected as a Texas Super Lawyer Rising Star in 2003 and 2004. I live and practice criminal trial law and appellate law in Collin County since going into private practice.

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Bill

From a campaign press release:

Former Republican Candidate Rafael De La Garza Files for Democratic Party Nomination to become Collin County District Attorney

FOR IMMEDIATE RELEASE

Contact: Rafael De La Garza
December 22, 2009

Former Assistant United States Attorney and Assistant Dallas County District Attorney Rafael De La Garza announces today that he has switched parties and filed for the Democratic nomination for Criminal District Attorney of Collin County. Earlier this morning, Mr. De La Garza submitted to the Collin County Republican Party a certificate of withdrawal of his previously submitted candidate filing for the Republican nomination for Collin County District Attorney.

Encouraged by his family, including his wife of 17 years, Marina, and their two sons, Rafael and Cristian, and a broad cross section of Collin County citizens, Mr. De La Garza is ready to work hard to seek justice for our rapidly growing county as Collin County Criminal District Attorney. “My family and I have felt welcomed and appreciated by the leadership of the Democratic Party of Collin County and I have decided to run as a law and order conservative Democratic candidate, who believes that justice is not a partisan matter.” Mr. De La Garza also said, “In my position as a Collin County elected official, I will make it clear that all of Collin County’s law-abiding citizens should have confidence that justice is being served.”

An Eighth-Generation Texan, De La Garza has strong and deep family roots in Texas going back to 1767, when his family established the Randado Ranch in South Texas. De La Garza’s interest in public service was sparked by his grandfather, also named Rafael De La Garza, who served as Sheriff for Jim Hogg County in the 1950’s. “Hearing my grandfather’s stories about law enforcement brought a sense of pride for me and my family,” he notes. “I believe he is the reason that I became attracted to public service at a young age.” After receiving his law degree, De La Garza worked as an Assistant District Attorney for Dallas County under Judge John Vance for more than three years. He was selected to attend the coveted “Top Gun” Prosecutorial School in Huntsville, Texas and successfully prosecuted hundreds of state criminal cases as well as over 250 criminal jury trials.

After his tenure at the Dallas District Attorney's office, De La Garza was named Assistant United States Attorney for the Western District where he was recognized for handling tough drug and gang prosecutions and for his leadership and keen ability in coordinating multi-agency federal investigations, serving in that capacity for three and a half years. De La Garza handled over 25 federal jury trials while a federal prosecutor.

In order to round out his experience, De La Garza decided to enter private practice in 2001. Having gained the experience of a prosecutor and the ability to see both sides of cases, De La Garza recognizes the right to legal counsel guaranteed under the U.S. Constitution for those that stand accused, and has defended hundreds of criminal cases. Mr. De La Garza considers the patriotic work of John Adams, one of our founding fathers and the second President of the United States, as a criminal defense lawyer in colonial America to be an example of how the criminal justice system can only function properly when all parties are adequately represented. “However, I look forward to being a prosecutor once again,” said De La Garza.

“It’s not an easy decision to eventually forego my successful law practice, which I will have to do upon the conclusion of this campaign,” De La Garza said, “but I strongly believe in public service, following my grandfather’s example, and serving as District Attorney is a good fit with my professional background.”

“I plan to use my experience as both a federal and a state prosecutor to uphold high standards in the office of District Attorney and seek justice as job number one,” said De La Garza.

As a conservative, Mr. De La Garza knows that government’s first responsibility is the protection of its citizens. When citizens do not feel safe in their homes and their neighborhoods little else matters. “As a Collin County resident, I care deeply about the issues facing our community and our citizens. As a father and husband, I also care deeply about protecting our families,” said Mr. De La Garza.
Additionally, Mr. De La Garza and his family seek to help safeguard the lives of our most vulnerable citizens, and he and his family actively support various charities in the community.

De La Garza acknowledges that campaigning for District Attorney and keeping up with the demands of his law practice will be a challenge. He added, however, that he is doing so with the full support of his family, and his track record running a successful private practice shows that the community has confidence in his abilities as a lawyer. “I will judiciously maintain my professional obligations to my current clients as I seek to represent Collin County citizens in prosecuting criminals.”

De La Garza is Board Certified in Criminal Law by the Texas Board of Legal Specialization and serves on the School Advisory Board for St. Mark Catholic School.

# # #

Frisco city officials fear battery recycler's expansion plan would worsen lead levels

Tuesday, December 22, 2009
By MATTHEW HAAG and VALERIE WIGGLESWORTH / The Dallas Morning News
Staff writer Randy Lee Loftis contributed to this report.

"Frisco conducted a health risk assessment in 1994 and a follow-up in 1995 that focused on three families who lived a few blocks north of the lead smelter and east of the new City Hall. The studies found elevated levels of lead in three children but couldn't conclusively connect them to the plant's emissions."

"'I believe we may have the distinction of having the only wastewater treatment plant in the country that ever produced hazardous waste,' Purefoy said."

Thousands of people in the heart of Frisco are exposed to toxic lead pollution from a battery recycling plant that wants to expand production.

Exide Technologies Inc. operates the decades-old lead smelter that's flanked by Frisco's downtown, a high school and several neighborhoods and businesses. Its lead emissions make Collin County one of only 18 counties nationwide not expected to meet new, more stringent air-quality standards. It is expected to be the only such designation in the south-central United States.

Recent research shows that lead poses a greater risk to people than scientists once thought. And it's especially detrimental to children, who can suffer from learning problems, diminished IQs and brain damage.

Exide, whose plant is not in violation of current air-quality standards, responded to only a few specific questions. Exide also declined a request to make available Don Barar, its plant manager in Frisco.

The company issued a brief statement that said in part: "The desire and intent of Exide Technologies is to operate responsibly and in compliance with applicable regulatory requirements."

Frisco officials object to the production increase and are challenging Exide's plans through a trial-like contested case hearing with state regulators. Their letter to state officials says the expansion "will have a negative impact on the City and its residents."

Late this summer, Exide officials proposed spending more than $1.3 million to reduce the plant's lead air emissions in hopes of moving its application forward. The projects outlined in documents sent to the state would capture so-called fugitive emissions – the lead released through cracks in a building or by vehicle traffic leaving the plant.

But City Manager George Purefoy said, "I don't understand logically how they can increase production and not increase the amount of emissions going out of the stacks."

City grew up with plant

Frisco is in a unique position: Few, if any, burgeoning suburban cities nationwide have a lead smelter in the middle of town.

Gould-National Battery Inc. originally built the plant in 1964 on 55 acres along South Fifth Street with views of rolling prairies. At the time, the city's population was less than 1,900.

But Frisco grew up. Farmland has been eaten up by subdivisions. And the city's population has exploded to more than 106,000.

Exide Technologies acquired the plant in 2000. It's one of nine battery recycling plants worldwide operated by the company based in Milton, Ga. It employs 130 people.

The Frisco plant crushes used automotive and industrial batteries, uses heat to extract the lead and converts it into lead oxide to make recycled batteries. The process releases some of the lead into the environment.

A year ago, Exide submitted a request to the Texas Commission on Environmental Quality to allow the Frisco plant to break down more batteries. Finished lead production limits would increase to 500 tons a day, up from the current limit of 400 tons a day.

The commission is still reviewing the request. Officials there said they cannot comment on pending permits.

A key question remains unanswered: What impact would a production increase at Exide's plant have on already elevated lead-pollution levels?

In its application to the state, Exide said its production change wouldn't increase the plant's lead emissions, but it didn't offer any evidence.

Exide's 100-page application to Texas regulators didn't include an air modeling study – common in such applications – that estimates lead levels in the air around the smelter.

In addition, the map Exide sent to state regulators to show what's near the plant is so outdated that the Dallas North Tollway isn't listed. Neither are Pizza Hut Park, Frisco Square, Frisco High School and several newer neighborhoods.

Purefoy said the city didn't know about the expansion proposal until after Exide submitted it in October 2008. Later that month, Purefoy fired off an e-mail to Mayor Maher Maso after a meeting with Barar, the plant manager.

"I told him that the city was committed to reducing the emissions falling on our citizens every minute from the plant," Purefoy wrote. "And if Exide wasn't committed to the same goal, then the relationship between the city and Exide was taking a dramatic change of course."

Stricter standards

In November 2008, the EPA gave notice that the federal air-quality standard for lead emissions would become 10 times more stringent – from 1.5 micrograms of lead per cubic meter of air to 0.15 micrograms per cubic meter.

"After being quiet for 15 years on the lead front, it's now a priority for the EPA," said Guy Donaldson, chief of the planning section for the agency's Region 6, which covers a five-state area that includes Texas. "It's happening now because the scientific evidence says you have health effects at these levels."

The new standard for lead, which wouldn't be enforced in Collin County until 2012, is the level expected to protect public health.

A monitoring station on Exide's property recorded violations of the 1.5 standard in 1985, 1989 and 1990. The plant, then operated by another company, received violation notices in 1989 and 1990. A year later, the EPA designated the facility a nonattainment area, meaning it violated air-quality standards. The area was declared back in compliance in 1999.

The new proposed nonattainment area is at least twice as big as the one designated in 1991.

'Any exposure is bad'

In recent years, the tools for measuring the effects of lead exposure in people have become more precise, allowing scientists to detect lower levels in blood and measure damage in greater detail.

"Lead is toxic even at the lowest levels we can measure," said Philip Landrigan, an international leader in public health and a pediatrician at Mount Sinai Medical Center in New York. "Any exposure is bad, but more exposure is worse."

Health effects are particularly acute in children, who breathe in more air than adults relative to their size. Lead exposure can cause learning disabilities, decreased growth, hyperactivity and brain damage.

In adults, high lead levels can contribute to high blood pressure and heart disease. Pregnant women exposed to lead also put their unborn babies at risk.

While lead-poisoning symptoms aren't always apparent, Landrigan said, there could be some underlying health effects. The only way to know for sure is to test the amount of lead in a person's blood, he said.

Frisco conducted a health risk assessment in 1994 and a follow-up in 1995 that focused on three families who lived a few blocks north of the lead smelter and east of the new City Hall. The studies found elevated levels of lead in three children but couldn't conclusively connect them to the plant's emissions.

Purefoy, Frisco's city manager, said last month that he hopes to conduct a larger health study to determine any effects from lead.

read the rest of this informative article on The Dallas Morning News' website....

On December 3, 2009 a man was brought before Judge Jill Willis's 429th District Court. Visiting Judge John McCraw was on the bench. The defendant, Robert Lee Blackburn was charged with 4 felonies after he bit a Plano Police officer while being arrested for possession of cocaine.

Blackburn wanted to plead guilty to all 4 charges. Judge McCraw was asking Blackburn if he understood what a plea of guilty could mean when John Rolater, the Chief of the District Attorney's Appellate Division, objected. Rolater demanded a jury trial, and accused Judge McCraw of holding a bench trial (a trial where a judge, not a jury renders a verdict).

The Judge responded saying, "Sir, I'm not conducting a bench trial. I'm accepting his constitutional right to enter a plea before the Court. I would submit the United States Constitution allows a defendant the right to enter a plea based on the Court's request and to avoid needless four jury trials and have at least a couple of hundred county citizens come forward [as potential jurors, (ed.)] and waive their right to make any type of living that day and costing the county some $5,000 per trial. I don't understand why the State is refusing to allow the defendant... to enter a plea of guilty."

Later in the verbal exchange, Judge McCraw asked Mr. Rolater, "So the State wants to control who sets the punishment hearing. Is that what the fight is about?

Rolater replied, "Your honor, the State does not consent to the defendant's waiver of a jury trial."

And the judge repeated his question, "So the State is, in effect, forum shopping for a particular judge to fix the punishment here. Is that the bottom line?"

Judge McCraw then said, "... you're attempting to create four jury trials unnecessarily. I just don't understand that."

Texas law does require that in order to hold a bench trial, the defendant, the judge and the State must all agree to waive a jury trial. Since most guilty pleas are settled in a plea bargain where the State's attorney and the defendant agree on the punishment, a guilty plea where no punishment is agreed upon in advance is unusual (but not rare).

When, as in this case, the was no plea bargain, and the State objects to a bench trial, it can put the defense in the position of holding a "sham" trial where no defense witnesses are called, and there is no cross examination of the State's witnesses. The jury has really no option but to render a verdict of guilty. However, the defendant may still request that the judge, and not a jury set the punishment. The jury is only allowed to establish guilt or innocence, on a person who has already tried to plead guilty.

These "sham" trials are expensive. They require a jury pool to be summoned. The legal expenses mount up, and valuable court time is wasted. And they happen here in Collin County.

Why?

There are several possible reasons. One is exactly what Judge McCraw was charging. That the District Attorney wants to control which judge sets punishment. In Blackburn's case, Judge McCraw, after accepting the guilty pleas, would then set a date for a punishment hearing. The judge at that punishment hearing, and the one who would set punishment, would be Judge Jill Willis. (A jury trial date had already been set - the trial would have been heard by the visiting judge).

So McCraw was accusing the DA of not wanting Judge Willis to determine the punishment. And he was accusing the DA's office of wasting county money, and jurors' time to do so.

The Collin County Observer has talked with several local defense attorneys. They all told the Observer they believe that the Collin County District Attorney does not want certain judges to set punishment. One of those judges is the newly appointed Judge Willis.

Another possible reason for the DA to refuse to permit a bench trial is rooted in the policies of the Collin County District Attorney's office. Sources who know the system have told the Observer that in this county, a prosecutor's performance is rated primarily by one metric -- the percentage of jury trials resulting in a guilty verdict. Any prosecutor who does not maintain at least a passing average, will not be employed by the county for long. Promotions and raises are all largely based on this win percentage of jury trials.

Prosecutors therefore have an incentive to plea bargain the difficult to prove cases and to take to a jury the slam dunk, easy cases -- even if the trial is just a 'sham'.

Earlier this year, Harris County floated an idea that would be another reason for the State to object to a jury trial waiver - they wanted new, young prosecutors to get more trial experience. They wanted to force defendants to go before a jury so that the States attorney could practice on easy cases. That idea was finally shot down after a howl of protests from the defense bar.

In the Blackburn case, Judge McCraw made his opinion clear. At one point he told Mr. Rolater, "I think we ought to clarify it for the appellate court. As I say, if they want to be involved in forum shopping, fine. Let them do it.... I think the Constitution of the United States allows an individual to enter a plea to the duly appointed judge. That's all I've attempted to do here."

"[The] Court will find that's a waste of judicial economy and needless cost to the citizens of this county for four jury trials, much less the expense of bringing the jurors in to try a case when an individual desires to enter a plea of guilty and allow a duly elected judge to fix the punishment."

On Monday, December 7, the Collin County District Attorney appealed Judge McCraw's ruling to the 5th Court of Appeals in Dallas. The same day, the appeals court ordered a temporary halt in the proceedings against Robert Lee Blackburn.

It is not known when the appeals court will make its decision.

Bill

-----------

UPDATE (December 21, 2009):

The Fifth Court of Appeals has given the defense until December 30 to respond to Roach's appeal.

Hunter Biederman, aka The Frisco DWI Lawyer has written an article that significantly adds to the story I've told here. Hunter's experience as a Collin County trial lawyer adds depth to the explanations of what choices the defendant was facing in the plea hearing. In addition, Hunter was in the court room that day and witnessed the Mr. Blackburn's plea hearing.

You can read his article titled, Collin County DA Denies Citizen From Pleading Guilty here.

Bill

========================================

Notes:

Petition for Writ of Mandamus, In re John Roach, Fifth COA case number 05-09-01451-cv

Reporters Record, December 3, 2009 Texas vs Robert Lee Blackburn

Order granting Emergency Motion for Temporary Relief, In re John Roach, Court of Appeals, Fifth District.

Link to Court of Appeals case 05-09-014510-CV, In re John Roach

Link to Collin County cases 199-80283-08, 199-80284-08, 199-80285-08, 199-80286-08, State vs. Robert Lee Blackburn

Along with the holidays, winter also brings the biannual campaign season. Once again, Collin County voters are being deluged by candidate and incumbent messages - virtually all proclaiming how conservative their guy is, much more conservative than the opponent.

I'm not going to get into a discussion here on the definition of "conservative". Suffice it to say that most voters expect their government to be careful stewards of taxpayers money. I think we can all agree that fiscally conservative government requires fiscally conservative leadership. I'd argue that the necessary leadership begins with how our leaders treat themselves, especially vis-à-vis to our tax dollars.

As I've said before, here in Collin County our leaders refer to themselves as "Elected Officials". I think the taxpayers would be much better served by "Public Servants". It's not just semantics. There is a huge difference between officials and servants. Officials are entitled to power and perks, servants simply serve.

It's a distinction often lost by incumbents who are routinely re-elected over and over again.

A case in point -

The Collin County Commissioners Court meets 4 times a month. This month, the last 2 meetings were canceled so that the "Officials" could enjoy their holidays.

These "Officials" make a heck of a lot of money. Keith Self's base salary is $136,073. Matt Shaheen's is $107,387 and Jerry Hoagland, Joe Jaynes and Kathy Ward each make $111,146. Totaling these court's salaries means that the taxpayers are paying $596,898 for a commissioners court that meets 48 times per year - that is over $12,000 in base salaries alone per meeting.

Collin County's budget is $270 million, therefore the salaries of our "Officials" is about 0.213% of the budget they control.

Contrast these numbers with, for example, that of the Plano City Council.

There are 7 council members, each makes a base salary of $6,000, while the mayor is allowed $8,400. The City Council meets twice a month (24 times a year). The cost to Plano taxpayers for councilmember salaries is therefore only $2,100 per meeting, or about 1/6th of the cost of a Commissioners Court session.

Plano has a larger budget than the county. The council's salaries amount to only 0.013% of their $388 million budget - about 1/20th of the county's salary to budget ratio.

For the next 2 weeks, the Collin County Commissioners Court will not meet. Our "Elected Officials" want to enjoy their holidays without being interrupted by pesky meetings and government business. (Meanwhile, most of their taxpayers will be at their jobs every working day.)

How about these "Officials" refunding us $24,000 we're paying for the two missed meetings?

Oh yea, the Plano City Council will meet on December 22.

Bill

Collin County has used Diebold's electronic voting machines for several years now, and not without incident. In the 2004 presidential election, a Diebold machine "locked-up" at one polling place, and election officials were unable to get the vote counts from the memory card. The votes were finally counted a week later, but only after the memory card was secretly sent to a Canadian lab for analysis.

Recently, ars technica reported, "Diebold machines have been responsible for dropping votes and derailing elections in several states, including Ohio and Alaska. These high-profile failures and repeated findings of low reliability and poor security during tests have compelled several states to ban Diebold voting machine products. The company has also been sued for a wide range of misconduct associated with its voting machine business, including fraud and even GPL infringement."

Nevertheless, in 2008 Collin County bought 410 more Diebold machines for use in future elections. The county now owns over 1,400 o these "AccuVote" machines.

On Sept. 1, Diebold, known for its automated teller machines, sold its U.S. voting machine business, which represented almost 3 percent of the company's 2008 revenue, to ES&S for $5 million in cash plus future cash payments.

link to article on Reuters News site....

Shockey files for Place 3

By Zach Markovic / The Plano Star-Courier
December 15, 2009

In the wake of former councilmember Mabrie Jackson’s departure from Place 3, interest is beginning to grow in her vacated position.

Doug Shockey is the third candidate to file for a Place 3 candidacy.

“I wanted to run for years,” Shockey said. “I liked Mabrie Jackson and I was going to wait for her seat to open when her term was finished.”

While initially stunned by Jackson’s early departure, Shockey said, he felt he had enough support behind him to go ahead. Plus, he felt everyone else was also caught off guard, so all other candidates would be on the same page getting their campaigns together.

“I was totally surprised that she or anyone was stepping down at this point. I do believe she was a voice we needed. I understand the opportunity she has at a chance to move on,” Shockey said of Jackson. “I am disappointed she is leaving because she was good for Plano.”

Shockey has lived in Plano since 1979 when his family moved here while he was in 7th grade. He went to Baylor University for his accounting undergraduate work. Afterwards he would receive a masters in taxation.

He would eventually return to Plano and work for JCPenney for four years. Shockey decided he would have better opportunities with his own business, so he and his brother started a real estate investment company.

Having worked in the Plano community but not specifically in a public service capacity is something Shockey considers as a strength.

“I enjoy politics, but I am not a politician. I consider myself an outsider of the council, not an outsider of the city.”

It is this new blood mentality and new mind set that Shockey wishes to bring to the council. He said his work as a consultant has really helped him in this capacity. JCPenney would occasionally bring him back on to be that new voice and to make sure ideas stayed fresh.

“By no means do I want to be a disruptive voice on the council, that doesn’t do anyone any good,” Shockey said. “But, I want to challenge the status quo and ask the hard questions.”

While the election cycle is just beginning, interested candidates have until the end of the month to file, Shockey does see one point where he already differs from the other two announced candidates. He said of the candidates he is the one who is probably the most fiscally conservative.

The budget is under a fair amount of scrutiny as Plano is facing a deficit. Shockey, feels a deeper look needs to be taken into the budget, for the sake of the citizens.

“I want to make sure we look at all of the ideas on the budget and don’t tell the citizens we don’t have an option. If there is something that needs to be done we need to be able to justify it,” Shockey said. “There seems to be so many more things that can be done before, say, cutting funding for senior transportation.”

read the rest of the article in The Plano Star-Courier....

=========================

Bill notes that an item in the Plano Blog at the Dallas Morning News puts the cost to the taxpayers of the special City council election at $80,000

Bill

Plano ISD: Revised Option 3 receives harsh criticism, further divides east

By Kim Nguyen / Plano Star-Courier
December 16, 2009

With two boys at Miller Elementary School and one son at Murphy Middle School, Carolyn Alvey said she is blessed that the recently approved feeder plan keeps her children attending their neighborhood schools.

But despite how her family benefited from the plan, Alvey is still actively criticizing the Plano Independent School District board of trustees for their decision Tuesday evening.

Alvey is just one voice in the debate, but she speaks for many who live on the east side of town who were dismayed to learn the district’s plan calls for drawing the lines on the east side in such a way that many children won’t attend the elementary or middle school that is closest to home. Shuffling students in east-side neighborhoods in this way is expected to create more diverse student populations.

“It’s purely socio-economic engineering,” Alvey said. “Socio-economic engineering disguised as an attempt to keep neighborhood schools. The board never anticipated what the challenges were in the east side. As a result, they showed a great lack of leadership.”

In the East Cluster under the approved plan, the new Otto Middle School will include students from Mendenhall, Schell and Stinson elementary schools. McMillen High School will include students from Armstrong and Murphy middle schools once it opens for the 2011-12 school year.

Alvey said in speaking with district officials prior to the Tuesday meeting, they indicated using FM-544 as the natural boundary to create feeder patterns, allowing Miller, Stinson and Schell elementary schools to feed into Otto Middle School.

“Schell students living less than 1 mile from McMillen will now be bused 7 miles to Williams to satisfy socio-economic engineering,” she said. “There’s no basis to send Otto students to Williams other than that.”

Before the vote, Alvey and other northeast Richardson parents had met with various officials in the Plano ISD administrative office to discuss the pros and cons of different feeder patterns and the roles of the board’s guiding principles in redrawing boundaries.

“Plano ISD lawyers told the trustees that they can’t apply socio-economics to any part of town unless applied district-wide,” she said. “What we want to know is how did they get away with socio-economic engineering without having to apply it to the rest of the district?”

Alvey said she and the other Stinson and Schell parents were shocked when the board announced the revised feeder pattern, saying it was completely unexpected and unfair.

“If the west side gets a choice, the east side should, too. Otto parents were given absolutely no choice,” she said.

Additionally, Mendenhall parents have also joined in on the debate, voicing their dislike of the new feeder plan.

“Mendenhall should continue to feed into their neighborhood school, which is Bowman,” Alvey said. “Students can walk to school and bike to and from their extracurricular activities. Everybody asked to stay in their neighborhood, but the board missed that.”

Alvey said she thinks eastside parents are very upset about the board’s decision and parent groups have already begun talking with representatives from all levels of education agencies, including the Texas Education Agency and the Department of Education, as well as reaching out to the Plano ISD school board trustees.

“It’s demeaning to us to have gone through the public input sessions and not have our voices heard for no reason other than ‘satisfying the formalities,’” Alvey said. “How are the board members satisfying and listening to their constituents when not everyone is being heard?”

read the rest of the article at the Plano Star-Courier....

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Bill comments -

WFAA has a video and print story, Parents considering suit over Plano ISD boundary plan

The Dallas Morning News posted an excellent article, Quick approval of Plano schools boundary changes baffles parents today. The article asks, "The events of Tuesday night's meeting appear to be within the law. But was the public served? And how much debate is owed the public before such a controversial decision?" A good question.

The article then goes on to say, "Government experts and former elected officials say Tuesday's meeting highlights the differences between what elected officials are required to disclose and the expectations of the public.

"We're not talking about what's legal, but what's ethical and good government," said Charles Davis, executive director of the National Freedom of Information Coalition at the Missouri School of Journalism.

"Everybody in the room knows that some pre-debate occurred behind closed doors," he said. "Essentially, public policy was hashed out privately and then it was promulgated publicly. That, to me, is a minimal approach to government transparency."

The Dallas Morning News story, Plano school board approves boundary changes was posted in yesterday's Collin County Observer.

Bill

From a campaign press release:

Kelley Adley Announces Candidacy for Collin County Justice of the Peace Precinct 4

(Prosper, TX) – 20 year Police Officer, Investigator, Conservative, and Family Man Man, Kelley Adley, today announced his candidacy for Collin County Justice of the Peace Precinct 4.

“For over 20 years, I have worked to keep the people of Texas safe, while maintaining a consistent unbiased approach.” Adley said. Kelley Adley's experience and certification as a Texas Mediator makes him uniquely qualified for Justice of the Peace.

Adley currently works in the County Court and has served as a Senior Criminal Investigator for the Collin County District Attorney’s Office, where his responsibilities included reviewing police reports, gathering criminal evidence and documentation, interviewing victims for criminal trial testimony, business and medical record affidavits, and issuing and serving subpoenas. Additionally, Adley is a Volunteer Firefighter in Prosper. While serving the community, Adley earned his MBA from LaTourneau University.

In his professional role as a peace officer, Adley has firsthand experience with the issues facing the families of Precinct 4. The things he has seen and heard over the years concerning some children in Collin County would shock most people. The disturbing stories we all see on the news every day go on right here in Collin County. One of the most important areas of responsibility in the JP Court is the enforcement of truancy laws and Kelley Adley intends to make it a top priority. Adley wants to bring responsibility, accountability, and integrity back to the court, while focusing on the issues important to families.

Today Adley makes his home in Prosper and is married to his beautiful wife Kilee. Together they have one son, Kade. The Adleys are proud members of Prestonwood Baptist Church in Prosper. Being a husband and father, Adley understands all too well the challenges facing our families in Collin County. Raising a family is difficult under the best of circumstances.

Dr. Timothy P. Shannon will act as Adley’s Campaign Treasurer.

CONTACT:
Kelley Adley
Campaign website www.kelleyadley.com
Kelley@KelleyAdley.com

Plano school board approves boundary changes

Tuesday, December 15, 2009
By MATTHEW HAAG / The Dallas Morning News

After months of contentious debate and divisive public hearings on proposed school boundary changes in Plano, the school board unanimously approved new attendance zones without debate or comment.

The district presented the boundary proposal publicly for the first time before the board voted, leaving little time for the hundreds of parents in attendance to see the final version. After the 7-0 vote, school board members immediately went into executive session to discuss the rest of the night's agenda.

"We didn't know about the changes before tonight," said Kelly McBrayer, who lives in east Plano.

The plan shelves an idea to create Plano ISD's first magnet school. The finalized boundary model represents a less-ambitious proposal that merely re-draws attendance zone lines based on locality, population and other factors.

Under the plan, enrollment numbers at the district's senior high schools would become more evenly distributed, students would generally attend their neighborhood campuses and parents at one central Plano middle school would have school choice.

The changes, which are required to balance student enrollment across the district because of two new schools on the east side, would go into effect for the 2012-13 school year.

District officials said they would revisit the idea of creating a magnet school this spring.

The proposal also aligns two high schools with each of Plano ISD's three senior high schools. The latest plan eliminates so-called split-feeder arrangements, which send students at a high school to two different senior high schools for 11th and 12th grades.

But it would give parents whose children attend Schimelpfenig Middle School the option of attending Plano Senior High School or Plano West Senior High School. Parents would have to decide by the time their children attend eighth grade.

No other part of Plano ISD would have that type of arrangement.

The approved boundary changes come with additional costs. District officials said they probably would need to spend $5 million from a previous bond package to build more classrooms at Plano West Senior High School.

The school board's 7-0 vote at the Sockwell Center in West Plano capped a chaotic three months during which officials redrew the district's original attendance zone changes after several fiery public hearings that attracted thousands of parents.

Dozens of residents told school leaders before the vote Tuesday that they supported the proposal, saying it would guarantee their children attended nearby schools.

"There is not a perfect solution," said David Johnson of Parker. "But this is the best solution."

Yet scores of parents, mostly parents from the district's eastern side, urged trustees to wait on approving new boundaries for that side of Plano ISD. They said they didn't like that the plan sends some students from East Plano neighborhoods miles away to Williams High School near the city's downtown.

read the article and other links on the Dallas Morning News....

====================================

Related coverage is also on CBS11tv.com, The Dallas Morning News' Plano Blog, and video coverage is on the33tv.com site.

Bill

Last Wednesday night, I went to a Tea Party.

I've been watching the Tea Parties in the area grow and begin to exert a real influence over the Republican primary candidates, and I figured it was about time I took a personal look at a Tea Party rally.

During the welcome speech the moderator explained that the Tea Party was not a Republican club, but welcomed all Republicans and Independents who shared their conservative outlook. (He didn't mention Democrats, but I figured I wouldn't be lynched if I acted nice.)

There were about 300 citizens in attendance at what was billed as an "Election Rally" held at the Collin College's Spring Creek campus. There were also at least 20 candidates vying for a chance to 'out conservative' each other and visit with the voters.

Looking around the room, I realized that if I was expecting lots of "fire and brimstone" speeches and demonstrations, I was going to be very disappointed. The crowd was polite, attentive and rather subdued. Most of the speakers acted as they usually do at the beginning of a campaign - they needed the practice.

There were exceptions. Michael Sullivan is an accomplished speaker and organizer for "Empower Texans." He gave an entertaining and interesting presentation, but failed to fire up the crowd. Keith Self also gave a very good stump speech - emphasizing with powerful effect his campaign slogan of, "I said I would stand with the taxpayers, and I did."

Sadly, Judge Self ended his speech with a real sleazy attack on his primary opponent.

Waving a book that Self said described governments that pursued policies, "that are anathema to the Christian tradition", he accused the Plano School Board of "waging a war on Christmas." His speech seems to presage a campaign of character assassination.

With all the real issues Collin County citizens are facing, it will be a shame if what the voters hear are personal slurs and lies. Four years ago, his opponent, County Judge Ron Harris accused Self of running a campaign based on "I'm a better Christian than you." - it seems we'll likely have to hear the same garbage again.

The evening's truly goofy moment came when Wayne Richard, who is running to fill the soon to be vacant District 66 legislative seat, stated (with a straight face) that Brian McCall chose not to run after he heard that Richard was in the race. Aside from these loony moments, the candidates gave predicable conservative speeches promising to limit government spending.

Over the years, I've attended a lot of political rallies and public meetings, I've been in many crowds at both Democratic and Republican rallies. What really struck me as I surveyed the crowd was just how homogeneous it was. Of the 300 folks there, the vast majority were middle class, white and over 40. I only saw 4 blacks and darned few young adults.

I was looking at the white, middle class post 2008 election backlash; united mainly in two respects - disdain for Barack Obama, and for taxes in general.

They distrust government, yet frequently support incumbents. They are "salt of the earth" patriotic Americans who fear the erosion of their Christian values and big government.

They are also the demographic that is most likely to show up at the polls and vote.

Bill

The Collin County Commissioners Court will meet tonight at the Geriatric Wellness Center at 401 West 16th Street, Suite 622 in Plano at 6:00 PM.

The evening meeting is one of 4 held each year in each of the 4 commissioners precincts.

The agenda for the meeting can be downloaded at the county's Public Notices site.

Bill

Data released last week by the Texas Comptroller show that sales tax revenues in Collin County continue to decline - and at an increasing rate.

From January through October, sales tax collections declined by over $11 million or 6.5%. During October though, the shortfall was almost $2 million or about 14%.

Almost all Collin County cities saw a decrease in October tax revenue. The few winners were those with new retail developments that brought in new sources of sales tax. Fairview saw its revenue jump 72%, and Murphy recieved $10 thousand more than last October, for an 8% increase.

The big loser in October was the City of Plano which received $1 million less than last year for a 19% drop. In September, the drop was 16%. This year, Plano raised its property tax rate slightly to avoid a budget shortfall. The city is already holding budget meetings to try to set priorities for the fiscal 2011 year. If sales tax continue to decline, Plano will face a massive shortfall in revenue, forcing the city to make some very hard choices. SO far, Plano's year to date decline in sales tax allocations is at 13%. The city is not only facing a sales tax decline, but continued increases in mortgage foreclosures will likely impact property tax valuations.

Plano Mayor Phil Dyer was quoted in the Dallas Morning News saying, "It's discouraging, and it's a reflection of what is going on in the economy around us. I'm speculating that this is not just our citizens cutting back on spending right now, but that we're seeing significant declines in business-to-business sales tax."

2008 - 2009 January to October Sales Tax Collection

2008 - 2009 October Sales Tax Collection

Bill

Since their introduction in Collin County in early 2006, electronic red-light cameras have generated not only money for cities and the state, but also their fair share of controversy.

Statistics compiled by the Texas Department of Transportation, and analyzed by The Texas Tribune, show that in 2008, Collin County cities raked in over $4 million in revenue from over 80,000 citations written after drivers were caught by these cameras. O

Over $1 million was generated by 2 cameras alone - The county's most profitable camera, at Coit and Spring Creek in Plano raked in over $600,000, while another at Custer and SH 121 generated over %585,000 in fine revenue.

According to a story on NBCDW.com, the area's top performing camera is in Duncanville. The camera, at Danieldale Rd and US 67 generated over $1 million in one year.

Plano, McKinney and Richardson all deploy red light cameras. Frisco, which installed 2 o the cameras in 2006, pulled them out of service in May of 2009.

Chart courtesy of The Texas Tribune

"While some [Texas] cities have lost money on the cameras in recent years, they've been lucrative for many others, generating, by a conservative estimate, as much as $60 million in fines. The cities share their profits — fines, less expenses — with the state, and spend the rest on traffic safety," notes The Texas Tribune.

A 2008 report by TxDOT states that the cameras do a good job of reducing traffic accidents. According to the report, "there were 586 annualized collisions across all intersections. In contrast, 413 annualized crashes were reported during the same time period following installation which resulted in an average decrease of 30%."

"In regards to red light violation crashes, there were 265 annualized right angle collisions prior to the installation of the camera system. By way of comparison, an annualized total of 151 post-installation collisions occurred for a crash reduction change of 114 events. This 114 difference represents a 43% annualized decrease in right angle collisions at the treatment intersection locations."

Some have complained that the cameras actually increase the number of rear end collisions when drivers brake suddenly to avoid being nabbed by the cameras. The TxDOT report notes that, "There were 106 annualized rear end crashes that occurred at intersections prior to the installation of the camera systems. Post-installation, there were 111 annualized rear end collisions that occurred. Although the number of overall rear end crashes increased slightly by 5% or approximately 5 crashes, 66% of the intersections decreased or maintained the same frequency of rear end crash events."

Listed below are the red light cameras active in Collin County. On the right hand column of this blog is an interactive map showing the locations of all the cameras. Clicking on any one camera will bring up detailed information on citations, traffic, revenue and accidents.

Bill

GOP hopefuls get litmus test in Tarrant, Collin, Denton counties

Saturday, December 12, 2009
By GROMER JEFFERS JR. / The Dallas Morning News

Republicans filing to run in the March primaries in several local counties are being asked to take a party-platform purity quiz.

Republican parties in Tarrant, Collin and Denton counties are supplying the 10-question form, with items taken from the Texas Republican Party platform. The candidates can either answer the questions as they file or return the forms to the local party.

And while the test is optional, the answers are kept by party leaders, who say they will probably make them available to voters.

"It becomes a good way for us to know are these people who are really Republicans philosophically, or are these Republicans opportunistically?" said Denton County Republican Party Chairwoman Diane Edmondson. "It's a good way for us to make sure we are returning our party to our core principles."

Dallas County GOP Chairman Jonathan Neerman is not making the survey available to candidates, saying it's unnecessary.

"In my mind, the voters are the best judge of character for candidates. They will be the ones to do that in the primary," Neerman said.

The statements are fairly broad, covering topics such as human life, marriage and family, and the size of government, and candidates can indicate that they agree or disagree and add comments if they choose. Statewide candidates are also asked to take the test, officials said.

Bryan Preston, spokesman for the state Republican Party, said that when candidates file for office at state headquarters in Austin, they are given a packet of information that includes the questionnaire. He said candidates can fill it out and mail it back to the party, but as of midweek, none had been received. But the filing period at the time had been open for less than a week.

"It's voluntary homework," Preston said. "When a candidate files, they get a survey. If they want to do it, they do it."

As of Friday, neither incumbent Rick Perry nor Sen. Kay Bailey Hutchison, rivals in the race for governor, had received or turned in the questionnaire. Perhaps because of the hoopla surrounding their visit to the party to file candidacies, they didn't immediately get the tests.

Democrats have no similar document.

"It's another example on how the Republican Party has moved from being the right wing to the off-the-edge-nutty right wing," said Democratic strategist Matt Angle. "Crazy has become mainstream in the Republican Party."

Rebuilding process

The surveys come at a time when Republicans, both nationally and locally, are trying to rebuild the party and shake off recent electoral losses, including last year when Barack Obama paced the national and local tickets.

At the last Texas Republican Party convention, activists sought to require candidates to take such quizzes. The result was a watered-down rule that allowed for a 10-question document called Republican Platform Principles to be given to state and local candidates.

Some Republicans, like Edmondson, believe that making sure candidates are on board with the party's core values is important to ensuring good government and building trust with conservative voters.

She says it also guards against nonconservatives infiltrating the party. Denton County is a solid Republican area, and candidates under the Democratic banner rarely win elections.

"I have on occasion let Republicans know that a Democrat was running on the Republican ticket," she said. "If we find there are certain issues with which a candidate disagrees, then the party can make that known and it will be up to the voters to decide where they want to go with that."

Collin County Party Chairman Fred Moses said he would probably store the tests and make them available to voters.

"If any voter wants to see them, they can," Moses said.

read the rest of the article at The Dallas Morning News....

Farmersville family left in cold after city orders 'green' system cut off

December 9, 2009
STEVE STOLER / WFAA-TV

FARMERSVILLE - Rex and Sherry Thain have lived in their Collin County home for 19 years. They decided to go "green" 10 years ago and installed a geo-thermal heating and cooling system.

The Thains said it seem like a good idea at the time, and so did the former Farmersville city manager. But, times change and so has the city manager, and that's the problem.

The Thains live in one of the oldest homes in Farmersville near Lake Lavon. They received a letter from the city saying their geo-thermal system is illegally connected to the city's water line. The city said it violates ordinances and the safe drinking water act. The new city manager, who believes the Thain's connection to the city water line is illegal, ordered them to disconnect from it immediately.

"The new city manager said he doesn't know why the original city manager authorized it," said Rex Thain.

With no water coming into their geo-thermal system, the Thains cannot heat their house. So, when the temperature dropped, they moved in with some friends.

"It's just shocking, really," Thain said. "We can't comprehend it."

The family's supporters came to Farmersville City Hall Tuesday night holding signs and wearing T-shirts that read: "Never Give Up."

"To do this in the middle of the winter season to this community is very unfortunate and completely unacceptable," said Gwen Snyder, a family friend.

The Thains could solve the problem by digging 10 wells. But, they said it would cost more than they could afford. They fear if the city doesn't provide some relief, they could wind up losing their house.

"I understand when people steal cable or do things they shouldn't be doing, but everything we did was above board," Thain said.

The city wouldn't comment at Tuesday's meeting because of an insurance claim that has been filed.

read article and watch video report on WFAA....

In a terse 3 sentence opinion issued yesterday, the Texas 5th Court of Appeals denied Mark Bell's petition for a Writ of Mandamus ordering the Collin County District Attorney to recuse himself from Bell's murder for hire case. Bell's attorneys had argued that the DA had conspired to violate the rights of the defendant when the DA's office sought and executed a search warrant against Bell's attorney, Keith Gore.

Writing for the 3 judge panel on the 5th Court, Justice Richter gave no reasons for the decision, stating only that:

"Relator contends the trial court violated a ministerial duty by not disqualifying the Collin County district attorney's office. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. Accordingly, we DENY relator's petition for writ of mandamus."

Bell's legal team could appeal the decision to the Texas Court of Criminal Appeals. At this time, the Observer has not heard if they plan to do so.

Bill

============================

Notes:

Mark Bell's attorneys ask appeals court to force DA off the case, CCO - November 23, 2009

Application for Writs of Mandamus and/or Prohibition with Incorporated Brief in Support and Motion for Stay of Proceedings Below, by Steven Miears and Keith Gore before the Texas 5th Court of Appeals, November 20, 2009

Case 401-80353-08 Texas vs. Mark Bell, case history -- Collin County 401st District Court

Judge Rusch recused from Bell murder trial, McKinney Courier-Gazette, August 27, 2008

Hearing on "raid" of attorney office rescheduled CCO - August 7, 2008

Amicus Curiae brief of the TCDA, August 5, 2008

Defense attorney search warrant motion hearing moved - McKinney Courier-Gazette, Aug. 6, 2008

One of these days these boots are going to walk all over your attorney-client privilege - Grits for Breakfast, Aug. 3, 2008

Where are the boots?: Details from the Gore warrant, affidavit and return - CCO, July 31, 2008

The Warrant, affidavit and return and more

The Defense motion in Response to the State's Motion to Disqualify Defense Counsel

MCG - AG opposes subpoenas of Rusch and Dry - CCO, July 23, 2008

Not Judge Rusch's first controversial warrant - CCO, July 21, 2008

NBC5 - Detectives Seize Documents From Murder-For-Hire Suspect's Attorney - CCO, July 18, 2008

From a Collin County Press Release:

FOR IMMEDIATE RELEASE

December 7, 2009
CONTACT: Tim Wyatt, Public Information Officer


MEDIA ADVISORY: Collin County Jurists Appoint New Administrative Judge

(McKinney, TX) – State District Judge Mark Rusch has been elected by his colleagues as the new local administrative judge for the eight Collin County district courts. Judge Rusch, who presides over the 401st District Court, will take over additional duties as the administrative judge on Jan. 1, 2010.

The position of administrative judge acts as a liaison with the Collin County Commissioners Court in McKinney, the First Administrative Court Region in Dallas, chairs the Board of District Judges, and oversees the daily administrative duties between the district courts and the District Clerk, Community Supervision and Corrections Department and the Sheriff’s Office.

Judge Rusch has served on the bench of the 401st District Court since September 2000.

###

Bill comments:

I've spoken to an informed source at the courthouse who tells me that Judge Oldner chose not to run for re-election as Local Administrative Judge. It seems that the Judge believes that the Administrative Judge position should rotate among the district judges, and that no single one should claim it as a life time appointment.

Oldner has done a credible job as LAC, frequently being forced to do battle with a commissioners court intent on cutting costs and ham stringing the county auditor. I've watched Oldner fight to try to get (so far unsuccessfully) another 3 felony courts. And I remember his arguments during the great court room chair debates when the new courthouse first opened. He was a potent spokesman for the District Judges.

Bill

The Collin County Observer has learned that attorney Stewart Matthews has filed papers to run in the Republican Primary for Judge, County Court at Law #3.

In a campaign flier, Matthews wrote that, "Collin County has a long history of electing excellent judges. As a judge, I will continue in that tradition of excellence -- I will not make the law -- I will apply the law impartially with the highest level of integrity and dedication. I will treat all people who appear in County Court at Law #3 -- litigants, attorneys, jurors and staff -- with respect."

A Wylie resident, Matthews earned his B.S. in Psychology from the University of Tulsa, and a J.D. from Texas Wesleyan University School of Law in 2002.

His flier states that he has handled over 1000 cases for both Plaintiff and Defense, and has handled civil cases, family law, criminal law and probate in Collin and surrounding counties. He also has experience before District and County Courts throughout Texas as well as all Federal Jurisdictions in Texas, including the Eastern District Sherman Division which covers Collin County.

He lists his community involvement as chairman of the Wylie Public Arts Board, Mock Trial Judiciary Committee, Graduation Speaker – Texas Wesleyan School of Law, National Adoption Day Volunteer, Moot Court Judge, Mock Trial Judge, Plano and Allen Pro Bono Clinics, North Texas Crime Commission and in Professional and Honor Societies.

He is the father of two God Children and attends Wylie United Methodist Church.

Lance Baxter and Barnett Walker are also expected to file for the race for Court at Law #3.

Bill

Collin ISDs find redrawing attendance zones is thankless task

Monday, December 7, 2009
By MATTHEW HAAG / The Dallas Morning News

Efforts to redraw school attendance zones in Plano have fueled a furor that has shifted with the prevailing wind.

First, some parents blasted district officials for drawing lines they said segregated rich from poor. Others complained their children wouldn't be able to attend their neighborhood school. When administrators responded by redrawing the lines, a new set of perturbed parents emerged and assailed school leaders.

While the debate in Plano this fall has been especially contentious, these high-drama episodes play out almost every year. And one thing is inevitable: When the boundaries are finalized, someone goes home unhappy.

"No matter the district, it's a challenging process," said Richard Wilkinson, the Frisco ISD's assistant superintendent for facilities and finance. "We do know that as hard as we try, we can't please everyone all the time."

For evidence, look no farther than Collin County, where the population has skyrocketed and districts such as Frisco have opened up to six new schools a year to keep up with a steady surge in enrollment.

Each new school needs students, and those students have to come from the existing schools.

Last year in Allen, the opening of two new elementary schools brought an angry response from parents who didn't want their children to move. Doing so could mean longer bus rides, or separation from friends.

"People like the schools they are in," said Tim Carroll, spokesman for the Allen school district. "It's a personal issue, and they don't like change."

Usually it's the parents – not the children – who are most upset about possible boundary adjustments, said McKinney ISD Superintendent Tom Crowe.

"The parents, they just get real nervous about it," he said. "But the kids adjust so quickly."

In McKinney, school boundaries controversy is constant, seemingly by design. The district places such a high value on balancing the socioeconomic levels of secondary students that it uses busing to achieve it.

An online petition against that policy has hundreds of signatures but, so far, has been to no avail. However, McKinney school leaders will soon try to decide whether the policy should remain in place as enrollment climbs.

"That will be the question to answer in the future," said Crowe, who is retiring at the end of the month. "But I think diversity in schools is good for many reasons."

Deep divisions

The proposed boundary changes in Plano have sparked vitriolic debate that has divided neighborhoods. The district presented a first set of district wide adjustments in October to account for students moving into the district's eastern side and two new schools there.

During the three-month saga, the most vocal opponents of Plano's plans might have played a role in district leaders' decision to alter them.

Meanwhile, a large group of central Plano parents rallied against boundary models that would have made their children change high schools. Last month, the district presented a new attendance zone option that kept those children in the same schools.

Dora Potluri, who has two sons at Mathews Elementary School, said he voiced concern over the earlier models because his sons had already had to change schools once before.

"Enough is enough, and sometimes we feel that we were rezoned way too many times," Potluri said. "I wanted to bring stability to my kids that I didn't have."

Plano ISD's new attendance zones have brought relief to Potluri and his neighbors. But they have attracted animosity from hundreds of east Plano parents who say their children now would be shortchanged.

"I know that some people are frustrated," said Superintendent Doug Otto. "It saps the strength out of all the parents and teachers and all of us. It's something that we are really going to have to find a resolution for."

read the rest of this article at the Dallas Morning News....

From a campaign email:

CATHY FANG announces candidacy for PLANO CITY COUNCIL PLACE 3

Your Choice, Your Voice, Your Vote for Economic Development, Fiscal Responsibility and Accountability

• Graduate of Soochow University (BBA)
• Graduate of North Texas State University (MBA)
• Certified Public Accountant
• Fluent Mandarin
• Graduated from Leadership Plano – Class 25, 2008
• A proud resident of Plano, Texas since 1983 – Place 3
• Professional Success

Cathy established her CPA Firm in Richardson, Texas from 1990 to 2004, and then purchased an office condo in 2004 in Plano. She relocated her practice to Plano, and has a very successful practice.

Leadership & Accomplishments

• Past President of the Taiwanese Chamber of Commerce
• Founder of the Federation of North Texas Chapter of Chinese Business Women Association
• Member of American Institute of Certified Public Accountants
• Member of Texas Society of CPA’S
• Member of the Plano Chamber of Commerce
• Appointed Senior Adviser of Overseas Affairs for Taiwan 2008-to present

One of her many talents is writing, Cathy wrote and published her first book Title Green Grass in 2007. The book is about life in Taiwan and United States. She has been writing columns about social and economic issues for the past 20 years.

Her columns have been featured in the Dallas Chinese Times and now in the Dallas Chinese News.

Collin County Commissioners have to run for re-election every four years. It takes money to run a political campaign, so some commissioners look to a reliable source for campaign dollars - the county's vendors.

Engineering and construction companies, law firms and car dealers are all tapped by incumbents on the court to pony up for their "favorite" commissioners. It's a cost of doing business with the county. Challengers need not apply for some of this vendor cash, after all, county contracts must be approved by a majority vote of the commissioners court. The firms the county does business with know full well which side of the toast is buttered.

Witness a recent example.

Commissioner Jerry Hoagland's campaign is holding an "Appreciation Reception" and fundraiser at the Stonebriar Country Club in Frisco. (I guess the campaign couldn't find a tony enough venue in Hoagland's precinct).

Who is advertised as the sponsor of this Appreciation event? Rodman, LLC.

Rodman, LLC is the parent company of Rodman Paving. According to county records, Rodman Paving was paid $4,279,467.20 for county contracts during the last 2 fiscal years. Four million dollars buys a lot of appreciation.

A look at the donor list that County Judge Keith Self has posted to his web site shows several of the county's largest vendors as campaign contributors.

David McCall is a donor to Self's campaign. He is a partner in Gay, McCall, Isaaks, Gordon and Roberts, a Plano law firm that holds a no-bid contract to collect overdue county taxes.

Rider Scott is listed. He is a partner in Strasburger, a law firm that often consults with the county commissioners' court. In 2008 and 2009, Strasburger billed the county over $30 thousand in legal fees.

Bob Tomes is also on Self's donor list. His McKinney dealership, Bob Tomes Ford, was paid over $96 thousand in fiscal years 2008 and 2009 for parts and service business with the county.

These examples are just what can be found on a simple web search. If past campaigns are any indication, there's a lot more vendor cash flowing into incumbent races. Three incumbents are running for re-election in 2010 - The Collin County Observer will be looking at all the Commissioners Court candidates' campaign finance reports during the entire campaign season. We will report what we find back to you, the voters.

Bill

I couldn't believe this when I found it. The NTMWD sued the McKinney's Heard Wildlife Sanctuary to force the sanctuary to allow the water district to tear up a 110 foot wide swath for more than a half a mile in the preserve to dig a ditch for a new sewer line.

It's going to happen, unless public pressure convinces the directors of the water district to reroute their sewer off the preserve.

The Heard is a jewel. A natural oasis amid the sprawl that is overtaking northern Collin County. For almost 50 years it has been a public treasure and a refuge for a myriad of birds and wildlife. Can no place in this county remain untouched by development?

Please sign the petition and ask your representative on the NTMWD's board to go around the Heard.

Bill

=======================================

From the Heard Natural Science Museum & Wildlife Sanctuary's web site:

The Heard Preservation Campaign

We urge you to take action on preserving the 289-acre wildlife sanctuary for wildlife, you, your family, and future generations at the Heard Natural Science Museum & Wildlife Sanctuary in McKinney?, Texas.

The North Texas Municipal Water District wants to put a 3,500 foot long, 42 inch diameter sewage line through the sanctuary prairie land and underneath the wetlands. They would also impact land of a total of 110 feet wide along the length of the 3,500 foot sewage line for accommodation of construction vehicles.

There would be short term and long term damage to the sanctuary including displacing animals that may never return, disrupting native prairie foliage, trees and grasses, contaminating the wetlands, causing a permanent odor, and disturbing the environment for regular maintenance visits and possible emergency situations with the pipeline.

The Heard Natural Science Museum & Wildlife Sanctuary also has the oldest bird banding program in Texas (established in 1978) and is recognized as an important birding area by The National Audubon Society. Many migrating bird species may never return. The Heard is becoming an island in one of the fastest growing areas in the United States.

Sign this petition to urge the North Texas Municipal Water district to go around the sanctuary and to help support the preservation, health, and future of the Heard Natural Science Museum & Wildlife Sanctuary for wildlife, for you and for nature education.

Long-time community volunteer announces candidacy for Place 3 seat

By Kim Nguyen / The Plano Star-Courier
Monday, December 7, 2009

André Davidson, a 30-year Plano resident, announced on Friday her intention to run for the Place 3 seat on the Plano City Council.

The seat has been vacant for two weeks after former Councilwoman Mabrie Jackson resigned to run for the state legislature.

“I had thought about running for a place on the city council before, but the timing wasn’t quite right,” Davidson said. “When the seat became available so unexpectedly, I saw it as an opportunity to expand and extend my long history of community service.”

Davidson, Plano’s Citizen of the Year in 2005 and former executive director of Leadership Plano, said her long history of involvement in the community gives her the knowledge and experience to be able to be a voice for the community.

“In my 30 years of being a Plano resident, I have been very active in the community,” she said. “Almost all agencies and organizations I have been involved with I have held leadership positions for.”

Among her numerous civic activities she has served as board chair of the Volunteer Center of Collin County, Plano ISD Education Foundation, Leadership Plano, Mayor’s Community Outreach Task Force and Plano Youth Leadership. She is currently vice president of the CITY House Board of Directors, a member of The Medical Center of Plano Board of Trustees, and is a former member of the advisory boards of the Plano Chamber of Commerce and the Junior League of Plano.

In addition to being named the 2005 Plano Citizen of the Year, Davidson has received the Collin County Children’s Advocacy “Thanks for Mentoring” Award, the Community Leadership Association Distinguished Leadership Award and was recognized as a University of Texas at Dallas General Studies Outstanding Alumnus.

In the fall of 1997, in recognition of her dedication to the Volunteer Center and the community, Davidson was honored by the Volunteer Center of Collin County as the namesake of the André Davidson “Spirit of Volunteerism” Award which is presented annually to an outstanding community volunteer whose achievements exemplify the “passion, enthusiasm and spirit of volunteerism.”

“I have seen this city grow from a population of 30,000 to more than a quarter of a million and have had the privilege of serving my community in many roles. I see this opportunity as a continuation of that call to service and believe my proven leadership and community experience qualifies me for this position,” Davidson said. “I look forward to working with the dedicated members of the council as we address the challenges facing our maturing city: quality city services, public safety, economic development and neighborhood revitalization. I will be fiscally responsible in planning for Plano’s future and am committed to maintaining the quality of life our citizens expect.”

read the rest of the article in the Plano Star-Courier....

A third candidate has entered the race for Texas Legislature, District 66 presently served by Rep. Brian McCall.

Last week Rep. McCall announced he would not be running for re-election. Former Plano City Councilwoman Mabrie Jackson and businessman Wayne Richard have already announced their candidacies for the District 66 GOP nomination.

Yesterday, Van Taylor, who ran against Democrat Chet Edwards 2 years ago in Waco area congressional contest, has announced he is in the race for District 66. I have not been able to find a campaign web site or picture of Mr. Taylor, however his campaign does have a Facebook page.

Bill

========================================================

Here is the press release put out by the Taylor campaign:

For Immediate Release –

Wednesday, December 2, 2009
Contact: Van Taylor - van@vantaylor.com

Iraq Veteran, Conservative Leader Van Taylor Announces Campaign for Texas State House

(Plano, TX) – Decorated Iraq veteran and conservative Republican Van Taylor today announced his candidacy for the Republican nomination in State House District 66.

A successful businessman and United States Marine residing in Plano, Taylor said, “Throughout my life, I have fought for our freedoms and founding principles. Whether in Iraq or here at home in Texas, my life has been a series of missions dedicated to defending our conservative values and beliefs.”

“As the rest of America lurches toward liberalism, Texas needs leaders with the courage to provide conservative solutions to the challenges facing our state, and that’s why I have decided to run for state representative. In these challenging economic times, we need business leaders who understand that jobs and opportunity come from the private sector – not government.”

A 7th generation Texan, Van Taylor earned his Eagle Scout at age 13, receiving it from none other than George W. Bush. He is a 1995 graduate from Harvard College, where he started a Republican Club. As the Marine honor grad from intelligence school, Van earned the privilege of leading an elite Reconnaissance platoon. After four years of active duty, he joined the Marine Corps Reserves to continue serving his country while earning an MBA at Harvard Business School.

As a Captain, Van led missions behind enemy lines for the 4500 Marine Task Force Tarawa, including the leadership of the Task Force’s first platoon entering Iraq before the start of the main invasion in 2003. Taylor’s platoon encountered, and defeated, several Fedayeen ambushes. His platoon helped rescue an American prisoner of war and rescued 31 wounded men during a counter-attack by several thousand Iraqis. For his service, the Marine Corps awarded Van the Navy Commendation Medal with a “V” for Valor, the Combat Action Ribbon, and the Presidential Unit Citation.

Upon returning home from Iraq, Van carried the Republican banner as the GOP nominee for Congress from Texas’ 17th Congressional District. A pro-life conservative and Lifetime member of the NRA, Van received the endorsement of the National Right to Life Coalition, the Texas State Rifle Association, and numerous conservative organizations. Taylor has a long history of serving the Republican Party, including attending national conventions, serving as a delegate to Texas Republican State conventions, volunteering on Republican campaigns across Texas and providing financial support to Republican candidates. In Plano, he is a Republican Precinct Chairman and serves on the Collin County Republican Party Executive Committee. Taylor also serves as the state chairman for the National Defense Committee as well as a state Vice Captain for Vets for Freedom.

Van and his wife Anne married after his return from Iraq and are the proud parents of Laura, 4, Helen, 3, and two-month old Susie, the latest blessing to the Taylor family. A lifelong Episcopalian, Van and his family reside in Plano near the land which his great-grandfather farmed during the Great Depression.

###

In his continuing series of profiles of local races, Frisco's DWI Attorney, Hunter Biederman takes a look at the candidates in the race Collin County district Clerk.

His original article can be read on his blog, The Frisco DWI Attorney & Lawyer Blog.

Bill

=============================================

The Race for Collin County District Clerk

Posted on December 2, 2009 by Hunter Biederman

The Collin County District Clerk will have a contested primary this election season. The position is the head position of the clerks office, and has the duty to "protect the judicial records of the Collin County District Courts in compliance with the state constitution and state statutes." The District Clerk indexes and secures all court records collects filing fees, and handles funds held in litigation and money awarded to minors. They also compile the list of potential jurors for jury service. The District Clerk is responsible for issuing jury summons and maintaining a list of persons qualified or disqualified from service.

And now for the candidates. . . .

TERRYE EVANS

Terrye Evans currently serves as the Court Coordinator for the 219th District Court. Terrye is committed to remaining vigilant and will commit her office to new technologies that will aid in everyday office practices. Basically working smarter so as to deliver the best work-product possible to Collin County’s citizens, lawyers, judges and other county departments.

Terrye believes that, "we as taxpayers cannot afford to take the attitude that things are 'good enough'. The District Clerk's office should be in a continual state of improvement, working smarter to make customer and citizen interactions positive and helpful, rather than perplexing and puzzling."

More about Terrye and her plans for the office can be found on her campaign website at www.electterryeevans.com.

ALMA HAYS

Alma Hays begun her career at the District Clerk's Office. She is a graduate of Grayson County College with an Associates Degree in Business. Alma has worked as Paralegal and Office Manager for the Law Offices of Michael Sloan, a Court appointed Visitation Supervisor for children with at risk parents, and a Texas Supreme Court Process Server.

"I have developed a plan for moving the District Clerk’s Office into the future. I intend to incorporate a more progressive management style within the District Clerk’s office regarding the training of both management and staff, stressing the importance of customer service and effective use of technology. The result will be a more professional, efficient and customer oriented office, something that any taxpayer should expect and deserve."

More about Alma Hays and her plans for the office can be found at www.electalmahays.com

PATRICIA WYSONG CRIGGER

Patricia Wysong Crigger has served for 23 years in the District Clerk’s Office, the last 14 as Chief Deputy District Clerk. She holds a BBA from the University of North Texas.

"The District Clerk’s Office is effectively managed and fiscally responsible. As the old saying goes, 'If it ain’t broke, don’t fix it.' While our county continues to grow, so will the challenges faced by our office. This is not the time to change management on a whim.

More information about Patricia Wysong Crigger and her plans for the office can be found on her campaign website at www.votecrigger.com.

PAST ARTICLES ON COUNTY RACES

• Collin County Campaign Websites
• Collin County Court 2
• Collin County Court 3 (Collin County Observer)
• Collin County Court 4
• Collin County Court 6
• 219th District Court
• Collin County District Attorney
• Collin County Legislative races (Collin County Observer)
• Collin County Commissioners Court (Collin County Observer)
• State Board of Education (Collin County Observer)

Hunter Biederman is a DWI / Criminal Defense Attorney in Collin County. He publishes his blog (www.friscodwilawyer.com) which focuses on the Collin County and Texas legal system. He can be reached at friscolaw@gmail.com or (888) DWI-FRISCO.

From a Collin County Department of Homeland Security press release:

FOR IMMEDIATE RELEASE

December 3, 2009
Contact: Pamela Nishimoto, Public Outreach Educator, (214)491-6855
HEALTH ADVISORY: H1N1 Influenza Vaccine



(McKINNEY, Texas) – Collin County Health Care Services is providing H1N1 vaccine for no charge at seven locations to individuals in the Texas Department of State Health Services’ (DSHS) high-risk priority vaccination groups, and for an administration fee at an additional 59 locations. There are currently 66 provider locations who have partnered with Collin County in order to facilitate ease of access to the vaccine for residents in the high-risk priority vaccination groups. This includes the addition this week of Celina Drug, two additional PrimaCare locations, seven Albertsons Pharmacies, and 13 Kroger Pharmacies.

To date Collin County Health Care Services has received a total of 20,953 doses of H1N1 influenza vaccine. Doses have been, and are being, distributed to: area hospitals, emergency medical workers, first responders, shelter populations, community clinics, and local area pharmacies. Each location is providing vaccine to individuals in the high-risk priority vaccination groups identified by the U.S. Centers for Disease Control (CDC) and DSHS as initial recipients for the H1N1 vaccine. All individuals in these high-risk priority vaccination groups, listed in no particular order, are encouraged to get the H1N1 vaccine:

• Pregnant women;
• Household contacts and caregivers for infants younger than 6 months of age;
• All persons from 6 months through 24 years of age;
• Health care and emergency medical services personnel; and,
• Persons aged 25 years through 64 years of age with health conditions associated with higher risk of medical complications from influenza.

Collin County individuals in the above listed CDC and DSHS high-risk priority vaccination groups are encouraged to check with their local medical provider to see if they have H1N1 vaccine available.

UPDATE: December 4, 2009
From Collin County Homeland Security -

Beginning Monday, December 7th, Collin County will be offering H1N1 vaccine to all Collin County residents.

Since receiving vaccine, Collin County has followed the recommendations of the Centers for Disease Control and Prevention (CDC) and Texas Department of State Health Services (DSHS), offering the vaccine only to specific target groups while vaccine was in limited availability. However, vaccine is now widely available in both public and private sectors throughout Collin County and will be made accessible to all residents who desire to be vaccinated.

"Collin County individuals are encouraged to get vaccinated prior to holiday travel, as some areas are more severely affected by the H1N1 virus than Collin County."

Additionally, they may receive the H1N1 vaccine for no charge, while supplies last at:

• Children & Community Health Center of McKinney,
• Collin County Adult Clinic in Plano;
• Express Health in McKinney;
• PrimaCare locations in Frisco, McKinney, Plano and west Plano.

The 59 additional locations throughout Collin County currently providing H1N1 vaccinations to the CDC and DSHS high-risk priority vaccination groups for an administration fee include:

• Celina Drug;
• Texas Star Pharmacy;
• four Care Now locations;
• seven Albertsons Pharmacies;
• 11 Tom Thumb Pharmacies;
• 13 Kroger Pharmacies; and,
• 22 Walgreens Pharmacies.

The 66 Collin County locations include:

• Albertsons Pharmacies - All Collin County locations
  Hours of Operation: Varies by location
  Serving: Ages 18 to 64 years
  Vaccine Available: Injectable
  Fee: $20
  Website: www.albertsons.com

• CareNow - Allen
  1218 W. McDermott, Allen, Texas 75013
  (972)390-9000
  Hours of Operation: Weekdays 8:00 AM – 10:00 PM, Saturday 8:00 AM – 8:00 PM, Sunday 9:00 AM – 5:00 PM
  Serving: Ages 6 months to 64 years
  Vaccine Available: Intranasal Mist, Injectable
  Fee: $20
  Website: www.carenow.com

• CareNow – Frisco Preston
  5644 Preston Road, Frisco, Texas 75035
  (972)529-4545
  Hours of Operation: Weekdays 8:00 AM – 10:00 PM, Saturday 8:00 AM – 8:00 PM, Sunday 9:00 AM – 5:00 PM
  Serving: Ages 6 months to 64 years
  Vaccine Available: Intranasal Mist, Injectable
  Fee: $20
  Website: www.carenow.com

• CareNow - McKinney
  809 N. Central Expressway, McKinney, Texas 75070
  (972)529-4500
  Hours of Operation: Weekdays 8:00 AM – 10:00 PM, Saturday 8:00 AM – 8:00 PM, Sunday 9:00 AM – 5:00 PM
  Serving: Ages 6 months to 64 years
  Vaccine Available: Intranasal Mist, Injectable
  Fee: $20
  Website: www.carenow.com

• CareNow - Plano
  3821 W. Spring Creek Parkway, Plano, Texas 75023
  (972)599-0077
  Hours of Operation: Weekdays 8:00 AM – 10:00 PM, Saturday 8:00 AM – 8:00 PM, Sunday 9:00 AM – 5:00 PM
  Serving: Ages 6 months to 64 years
  Vaccine Available: Intranasal Mist, Injectable
  Fee: $20
  Website: www.carenow.com

• Celina Drug
  701 N. Preston Road, Suite #210, Celina, Texas 75023
  (972)382-2832
  Hours of Operation: Weekdays 8:30 AM – 6:00 PM
  Serving: Ages 8 to 64 years
  Vaccine Available: Injectable
  Fee: $15

• Children & Community Health Center of McKinney
  120 S. Central Expressway #106, McKinney, Texas 75070
  (972)547-0606
  Hours of Operation: By Appointment
  Serving: Ages 6 months to 64 years
  Vaccine Available: Injectable
  Fee: No charge to high-risk groups
  Website: www.cchc-vim.org

• Collin County Adult Clinic - Plano
  2520 K Avenue, Plano, Texas 75074
  (972)423-4941
  Hours of Operation: Saturday, December 5, 9:00 AM - 5:00 PM
  Serving: Ages 6 months to 64 years
  Vaccine Available: Intranasal Mist, Injectable, Preservative Free
  Fee: No charge to high-risk groups
  Website: www.collincountyadultclinic.org

• Express Health – McKinney
  1505 Harroun Street, Suite C, McKinney, Texas 75070
  (972)548-2722
  Hours of Operation: Monday-Friday 8:00 AM - 5:00 PM
  Serving: Ages 6 months to 64 years
  Vaccine Available: Intranasal Mist, Injectable, Preservative Free
  Fee: No charge to high-risk groups
  Website: www.expresshealthnow.com

• Kroger Pharmacies - All Collin County locations
  Hours of Operation: Varies by location
  Serving: Ages 8 to 64 years
  Vaccine Available: Injectable
  Fee: $10
  Website: www.kroger.com
  

• PrimaCare – Frisco
  7227 Preston Road, Frisco, Texas 75035
  (972)377-7878
  Hours of Operation: Monday-Friday 8:00 AM - 9:00 PM; Saturday and Sunday 8:00 AM - 5:00 PM
  Serving: Ages 6 months to 64 years
  Vaccine Available: Intranasal Mist, Injectable, Preservative Free
  Fee: No charge to high-risk groups
  Website: www.primacare.com

• PrimaCare – McKinney
  1920 W. Eldorado Parkway, McKinney, Texas 75069
  (469)952-3737
  Hours of Operation: Monday-Friday 8:00 AM - 9:00 PM; Saturday and Sunday 8:00 AM - 5:00 PM
  Serving: Ages 6 months to 64 years
  Vaccine Available: Intranasal Mist, Injectable, Preservative Free
  Fee: No charge to high-risk groups
  Website: www.primacare.com

• PrimaCare – Plano
  3304 Alma Drive, Plano, Texas 75023
  (972)424-6581
  Hours of Operation: Monday-Friday 8:00 AM - 9:00 PM; Saturday and Sunday 8:00 AM - 5:00 PM
  Serving: Ages 6 months to 64 years
  Vaccine Available: Intranasal Mist, Injectable, Preservative Free
  Fee: No charge to high-risk groups
  Website: www.primacare.com

• PrimaCare – Plano West
  5076 W. Plano Parkway, Plano, Texas 75023
  (972)424-6581
  Hours of Operation: Monday-Friday 8:00 AM - 9:00 PM; Saturday and Sunday 8:00 AM - 5:00 PM
  Serving: Ages 6 months to 64 years
  Vaccine Available: Intranasal Mist, Injectable, Preservative Free
  Fee: No charge to high-risk groups
  Website: www.primacare.com

• Texas Star Pharmacy
  3033 W. Parker Road, #100, Plano Texas 75023
  (972)665-3129
  Hours of Operation: Monday-Friday 9:00 AM - 6:30 PM; Saturday 9:00 AM - 1:00 PM
  Serving: Ages 6 months to 64 years
  Vaccine Available: Intranasal Mist, Injectable, Preservative Free
  Fee: $19
  Website: www.pharmaciesplano.com

• Tom Thumb Pharmacies - All Collin County locations
  Hours of Operation: Varies by location
  Serving: Ages 8 to 64 years
  Vaccine Available: Injectable
  Fee: $15
  Website: www.tomthumb.com

• Walgreens Pharmacies - All Collin County locations
  Hours of Operation: Varies by location
  Serving: Ages 8 to 64 years
  Vaccine Available: Injectable
  Fee: $18
  Website: www.walgreens.com/marketing/storelocator/find.jsp

Due to the limited vaccine supply nationally, the CDC and DSHS have recommended that specific high-risk priority vaccination groups receive the 2009 H1N1 vaccine first. Once the demand for vaccine for these groups has been met, the CDC and DSHS will target additional high-risk groups and later the general population. Collin County is currently developing strategic plans to best serve the public’s health needs as future doses of H1N1 vaccine become available. Once additional vaccine is received, these plans will be implemented with H1N1 vaccine distributed countywide to serve high-risk groups identified by the CDC and DSHS.

Private providers in Collin County have received 96,135 doses of H1N1 vaccine as of the DSHS's November 19 weekly report. Individuals in CDC and DSHS high-risk priority vaccination groups are encouraged to contact their local health care provider to arrange for H1N1 vaccination appointments or seek services from one of the locations listed above.

For further information regarding H1N1 vaccine availability, the public is encouraged to utilize the following resources: Collin County website at http://www.co.collin.tx.us/ and the Collin County Facebook and Twitter sites; the DSHS Texas Flu Vaccine Locator at http://www.Texasflu.org; call the DSHS H1N1 information lines available by calling “2-1-1”; or, call the Collin County Health Care Services at (972) 548-5500.

###

Fox4 TV aired a short piece tonight about the sad case of Matthew Cantrell, the young boy from Murphy who was strangled in a back yard soccer net. Matthew's Parents filed suit in a federal court earlier this year charging that Matthew's death could have been avoided, but that the city's 911 response and police failed to help.

The Dallas Morning News followed up with the article below mostly airing the City of Murphy's position.

Last May, The Collin County Observer posted a copy of the law suit (it is very disturbing reading) and a press release by the parents. We also published the City Manager's report on the incident.

In their latest filing with the District Court, the City of Murphy has asked the court to dismiss the suit.

Bill

====================================================================================

Murphy city officials defend officers' response in boy's death

Thursday, December 3, 2009
By JESSICA MEYERS / The Dallas Morning News

Officials with the city of Murphy on Thursday defended the handling of a situation two years ago in which a toddler died after becoming ensnared in a backyard soccer net.

The city released testimony and a 911 recording from the October 2007 incident. The boy died in a hospital three days later, and his parents subsequently sued the city.

"This is a tragedy, and our hearts go out to them," City Manager James Fisher said. "But our employees did the job they were trained to do. They went out of their way to help as best they could."

The city said it filed a motion last week in a federal district court in Tyler to dismiss the case.

The plaintiffs, Michael and Ave Cantrell, contend that police officers and paramedics reacted too slowly to save their son Matthew. The lawsuit names specific officers and East Texas Medical Center, which provided additional assistance.

On Thursday, Fisher said Murphy is free of blame. Its motion states that Ave Cantrell's hysterical 911 call made it difficult for the dispatcher to respond to her cries for assistance. Records show police still arrived at the Cantrell home about three minutes after the call.

"It's wrong in the assertion that officers didn't do anything to help them," Fisher said. "In a very emotional call, the dispatcher moved as fast as possible."

Cantrell defended his wife.

"That they are coming out with this press release attacking the mother is disturbing considering she did everything possible to try and save Matthew," he said. "She received zero medical help from [the dispatcher] or the police who had her imprisoned" in the bedroom as they evaluated the boy, he said. Ave Cantrell cut her son from the net and placed him on a couch at least 10 minutes before officers arrived.

The federal lawsuit argues that police officers prevented paramedics and the boy's mother from helping him. The motion to dismiss counters that both officers checked for a pulse and breathing and one set of paramedics moved into the house immediately upon arrival.

read the rest of the article in the Dallas Morning News....

Plano ISD parents blast new attendance zone proposals

Wednesday, December 2, 2009
By MATTHEW HAAG / The Dallas Morning News

Scores of parents Tuesday night criticized the latest attendance zone proposals for Plano schools and the school district's idea of creating a magnet high school.

Dozens of parents implored Plano school trustees to delay the vote on the changes. They said they worried about the cost of implementing a magnet school and had concerns that the suggested boundary changes would create unbalanced student enrollment at the district's senior high schools.

District leaders weren't allowed to respond to the comments.

However, officials previously have voiced their support for the changes, which were first presented a few weeks ago in response to negative reactions to the district's earlier suggested boundary changes.

Only a handful of parents at Tuesday night's meeting said they favored the latest boundary plans.

"I feel like you are about to destroy the east side of Plano," Sharon Davis told district trustees. "We want enrollment numbers to be equal."

Plano ISD has said new districtwide boundaries are needed for the 2012-13 school year to balance student enrollment across the district after an influx of families in the district's eastern side.

The latest attendance zone plan generally would send students to their neighborhood schools. It also would repurpose Williams High School, a ninth- and 10th-grade campus, into the district's first four-year magnet school.

Hundreds of people attended the meeting, and the majority of criticism came from East Plano parents. They said the boundary proposals could decimate extracurricular activities and reduce high-level courses offered at Plano East Senior High School.

The proposed changes would send students at some East Plano schools to Plano Senior High School and would leave Plano East with 1,000 fewer students than the other two senior high schools.

Plano East football coach Johnny Ringo told district leaders that if the proposal were implemented today, 60 percent of his 124-player squad would attend Plano Senior High.

read the rest of the article at The Dallas Morning News...

Yesterday, the US Fifth Circuit Court of Appeals upheld a lower court ruling -- declaring the Plano ISD's policy on distributing religious literature constitutional.

The appeal was filed by the Liberty Legal Institute of Plano, a Christian organization founded, according to its web site, "to protect religious freedoms and First Amendment rights for individuals, groups and churches".

The Liberty Institute filed the original lawsuit in the Federal district court in Sherman, alleging religious discrimination after Jonathan Morgan, then 8-years-old, wanted to distribute candy canes with an attached religious message to fellow classmates at his third grade winter party. School administrators would not allow it.

The Liberty Institute states that, "This is an ongoing case that has the potential of cementing many of the religious freedoms for our children that have taken decades to restore.

Writing for the 3 judge panel, Judge Patrick Higginbotham wrote the majority opinion in the case styled Morgan, et al v. Plano Independent School District:

"Four families with students in Plano Independent School District schools allege that over a three-year period students were not permitted to distribute various religious materials, including pencils inscribed with “Jesus is the reason for the season,” candy canes with cards describing their Christian origin, tickets to a church’s religious musical programs, and tickets to a dramatic Christian play, this by a policy then in effect and captured by a 2004 version of the District rules."

"While this suit was pending, the District adopted a new policy, referred to as the 2005 Policy. It permits distribution of materials during:

1. 30 minutes before and after school;
2. three annual parties;
3. recess; and
4. school hours, but only passively at designated tables.

Students are generally prohibited from distributing material at all other times and places. In addition, middle and1secondary school students are permitted to distribute materials in the hallways during noninstructional time and in the cafeterias during noninstructional time and designated lunch periods. The 2005 Policy also contained narrow limitations on the content of materials that may be distributed."

In upholding the policy, Higginbotham noted that:

"We have made plain that “time, place, and manner” is the proper standard for evaluating content and viewpoint neutral regulations of student speech..."

"....that the level of scrutiny applied to regulations of student expression depends on the substance of the message, purpose of the regulation, and the manner in which the message is conveyed.”

"... a regulation must be content and viewpoint neutral, and must be 'narrowly tailored to serve a significant government interest, and . . . leave open ample alternative channels for communication of the information.' The regulation need not be the least restrictive alternative, but it must avoid burdening substantially more speech than is necessary to achieve the government’s interest."

After analyzing the arguments, the court stated:

Applying the time, place, and manner test, we conclude that the District’s 2005 Policy is reasonable and facially constitutional: the regulations at issue are content neutral and the District has a significant legitimate interest that is furthered by the regulations. The regulations are aimed at providing a focused learning environment for its students. The regulation of speech during and27immediately before the classroom instructional period is intended to facilitate the beginning of class without a wait for the distribution of materials. Similarly,restrictions on distribution of materials by elementary students in hallways and the cafeteria are intended to facilitate the movements of students between classes and at lunch and to reduce littering. We have here more than invocations of an abstract educational mission. The District’s rationales were supported by an affidavit of the deputy superintendent and testimony by teachers at the 2005 hearing that these are a positive response to the types of incidents causing disruption in the past...

We conclude that the policies as written are sufficiently narrowly tailored and are constitutional, at least on our invocation of “avoidance.” Steering clear of constitutional shoal water, we read the term “distribution” to mean distribution of multiple items to multiple individuals and accept the District’s further narrowing that it would not in any event reach the passing of a single note or book so long as it is not during time set aside for classroom instruction...

As for impermissibly reducing alternative channels of communication, just like middle and secondary school students, elementary school students may still distribute written material before and after school as well as at recess. A student has several opportunities to distribute materials throughout the day.The alternatives for communication are fulsome. This time, place, and manner regulation serves the powerful interests of the school in maintaining order and discipline, essential both to its duty to teach and the protected freedom of its students to speak. So construed, the very balance simultaneously teaches and protects the student. We find that the 2005 Policy is facially constitutional.

There are more appeals pending in this complexly litigated case.

Bill

From an Angelino campaign press release:

FOR IMMEDIATE RELEASE

Contact: James Angelino
Tuesday, December 1, 2009

Republican James Angelino Announces Bid for Collin County D.A.

Frisco, TX - This morning James Angelino officially announced his intentions to seek the Republican nomination for Collin County District Attorney in next year's primary election. He said his experience as a chief prosecutor, an Army officer in Iraq and as a police officer makes him uniquely qualified to replace outgoing D.A. John Roach.

"I have spent over 20 years of my life working to keep the people of Texas and the United States safe," Angelino said. "The D.A.'s office is no place for on the job training. Never before have the challenges to public safety and our quality of life been greater. My experiences as a police officer, a soldier and prosecutor have given me a unique perspective about what it takes to protect the public from crime."

Angelino's public service began when he became a police officer with the Dallas Police Department in 1988. While continuing to work as a police officer, Angelino enrolled in S.M.U. law school, graduating in 1994. During his tenure with the Dallas P.D., he was twice decorated for saving lives.

In 1996 Angelino joined the Denton County District Attorney's office and soon became one of the office's most successful prosecutors. In 11 years as an Assistant D.A., he tried over 190 criminal jury trials to a verdict in all types of cases ranging from possession of drugs to murder. Angelino also created and was chief of the DWI Prosecution Unit, becoming one of a handful of experts on intoxication for the State. For his efforts he was awarded the "Outstanding Service Award" from Mothers Against Drunk Driving for vigorous DWI enforcement. Additionally he has provided hundreds of hours of advanced legal training to Texas prosecutors and law enforcement.

In 2001, Angelino heard the call of duty to serve his country and joined the U.S. Army Reserve. Following the attacks of September 11, 2001 he volunteered for active duty and served as a First Lieutenant in the U.S. Army at Forward Operating Base Speicher in Tikrit, Iraq from 2003-2004. For his service, Angelino was awarded the Bronze Star, The Army Commendation Medal, The Iraqi Campaign Medal, and the Global War on Terrorism Service Medal. He is presently a Captain in the Army Reserve.

"I will put the public interest first," Angelino concluded. "I will maintain a strong partnership with our law enforcement agencies. I will hire and retain the best prosecutors and run the office in a professional manner. I will never forget that the job of a District Attorney is not to obtain convictions, but to seek justice. The people of Collin County deserve nothing less."

A Plano resident since 1993, Angelino is currently in private practice with offices in Frisco and Denton. He and his wife Misti, have two children, Cole and Gabriella. The Angelino family attends Custer Road United Methodist Church.

Mr. Angelino's campaign website can be found at angelino4da.com

From a Collin County press release:

Two Arrests Made for Illegal Dumping


(MCKINNEY, Texas) After an investigation begun in September by the Collin County Fire Marshal, two arrests for felony illegal dumping have been made. Acting on some personal items that were found at an illegal dump site near CR 364, investigators were able to trace the trash to a property owner who had hired someone to clean up a rental home and haul the trash to the landfill.

With the assistance of the County Sheriff’s Office and the cooperation of the property owner, the trailers used by the suspects were tracked, resulting in the discovery of two dump sites near the Trails of 1827 subdivision (north of Altoga) on November 15th and 23rd. In the process of tracking the trailer full of trash to the second dump site on the evening of November 23rd, investigators caught the suspects in the act of illegally emptying the trailer.

The two suspects, Eduardo Salazar and Eusebio Salazar, are brothers and undocumented aliens both living in McKinney?. They confessed to illegally disposing of the trash that evening, and Eduardo also admitted responsibility for the illegal dump site found on November 15th.

The suspects are being charged with felony illegal dumping, Eduardo with two counts and Eusebio with one count. Each charge carries a maximum penalty of up to two years in state prison and a fine of up to $10,000. They are currently being held in Collin County Jail on U.S. Immigration and Customs Enforcement (ICE) detainers. Eduardo has previously been deported three times from the United States, and could face an additional illegal dumping charge from the September incident that initially prompted the investigation.

All three illegal dump sites mentioned were cleaned up by County Public Works staff. The September dump site contained over one ton of trash, the November 15th site 1.2 tons, and the November 23rd site 1.3 tons of trash.

Fire Marshal’s Investigator David Toler has been heading this investigation.

These arrests, the third and fourth of the year, are the first under a Collin County illegal dumping initiative approved by the Commissioners Court and involving the collaboration of several county offices: Public Works, Fire Marshal, Sheriff, Constables, and Public Information. Under this initiative, more resources are being dedicated to addressing and preventing illegal dumping throughout Collin County through law enforcement, clean up, surveillance and public awareness and education.

A new Collin County video public service announcement about illegal dumping is now available for viewing.

No, not a politician - but a real wild cat; albeit de-clawed and rather tame. Last seen near Parker Rd. in St. Paul.

From the Dallas Morning News' Crime Blog --

Collin County authorities seek escaped exotic cat
November 27, 2009
Jennifer Emily / Reporter / The Dallas Morning News Crime Blog

Collin County authorities are asking for the public's help to find an exotic animal that escaped from the St.Paul/Lucas area.

The missing serval is privately owned and authorities say it is not considered dangerous. But authorities say that anyone who sees the 40-pound African wild cat should not approach it and call 911. The serval could act aggressively if threatened.

The cat is orange with black spots and is wearing a black collar and red harness. The cat was neutered and declawed. It also has a heart condition.

It was last seen in the area of Aztec Trail and Parker Road. The owners had passed an inspection in August to ensure it was outfitted to house an exotic animal.

UPDATE December 1:

The lost serval was found close to his home and captured unharmed

My family and I are on our way to Grandma's house for a Thanksgiving feast - and I hope a lttle saltwater fishing.

I'll not be writing much over the next few days. I hope my patient readers have a wonderful holiday.

Bill

From Matthew Haag on the Dallas Morning News' Plano Blog -- PISD calls a public hearing that will mostly cover east side issues. Where is the meeting?

Far West Plano!

You got to love those pedagogues.

Bill

==============

Date set for public input on Plano school reforms

Monday, November 23, 2009
Matthew Haag / Reporter / The Dallas Morning News Plano Blog

Plano ISD has announced that parents can voice their opinions about the latest school boundary proposal at a Dec. 1 meeting. The meeting will be at the district's Sockwell Center in West Plano.

Plano ISD lists that meeting as the only chance people can public voice their thoughts before the day the school board votes, Dec. 15. Plano ISD hosted three public input sessions in late September and early October. Each of those meetings attracted hundreds of parents, who shared their opinions about the several boundary proposals for the east and central-west school clusters.

The Dec. 1 meeting is a chance for Plano ISD officials to hear opinions about the newest boundary model, "Option 3," which includes converting Williams High School into a four-year magnet school.

link to the post on the plano blog (and some interesting comments)....

Charging First Assistant District Attorney Greg Davis with "prosecutorial misconduct", attorneys for accused murderer Mark Bell have petitioned a Dallas appeals court to issue a "writ of mandamus" that would force District Attorney John Roach and his entire office to recuse themselves from the case against Bell.

If the DA's office was recused, an outside prosecutor would be brought in to conduct the investigation and capital murder trial against Bell, who is accused of the 2007 murder for hire killing of Craig Nail in Frisco.

The legal wrangling began in March of 2008, after Judge Mark Rusch issued an unprecedented search warrant allowing Frisco police to search the files of Bell's defense attorney, Keith Gore. According to papers filed with the court, the police seized a shoe box, some papers and took pictures of papers and files in Gore's office. In his filing before the appeals court, Gore alleges that pictures were taken of papers and files not in the warrant, that an important document is missing and presumed lost, and that the police also search the offices of other attorneys who shared the same building with Gore.

In their arguments before the court of appeals, Gore and Miears complain that the DA's office not only has copies of the defense files, but is actually using those files in an attempt to blunt defense strategy.

Gore had already been served with a grand jury subpoena and a hearing had been scheduled by Judge Robert Dry on a motion to quash the subpeonas when the police executed the warrant against Gore. The defense accuses the District Attorney of unethical "forum shopping" for a sympathetic judge since the DA went to Judge Rusch for the warrant while Judge Dry was working the case.

In their petition before the court of appeals, Gore and co-counsel Steven Miears ask the court to decide 5 issues:

Already, a visiting judge has ruled that Judge Mark Rusch remove himself from the case after Rusch had verbally assured the defense that "no judge would issue a search warrant for the offices of a defense counsel" and then 2 days later, signing that warrant.

The Texas Criminal Defense Association had earlier filed an amicus curiae brief which in strong terms, condemned the "raid on lawyer's office" as being "offensive to the Texas Constitutional and the Constitution of the United States" and called it "reprehensible".

Now the Texas 5th Court of Appeals will weigh into the whole sordid mess caused by prosecutors who decided to "raid" a defense attorney's office.

Bill

============================

Notes:

Application for Writs of Mandamus and/or Prohibition with Incorporated Brief in Support and Motion for Stay of Proceedings Below, by Steven Miears and Keith Gore before the Texas 5th Court of Appeals, November 20, 2009

Case 401-80353-08 Texas vs. Mark Bell, case history -- Collin County 401st District Court

Judge Rusch recused from Bell murder trial, McKinney Courier-Gazette, August 27, 2008

Hearing on "raid" of attorney office rescheduled CCO - August 7, 2008

Amicus Curiae brief of the TCDA, August 5, 2008

Defense attorney search warrant motion hearing moved - McKinney Courier-Gazette, Aug. 6, 2008

One of these days these boots are going to walk all over your attorney-client privilege - Grits for Breakfast, Aug. 3, 2008

Where are the boots?: Details from the Gore warrant, affidavit and return - CCO, July 31, 2008

The Warrant, affidavit and return and more

The Defense motion in Response to the State's Motion to Disqualify Defense Counsel

MCG - AG opposes subpoenas of Rusch and Dry - CCO, July 23, 2008

Not Judge Rusch's first controversial warrant - CCO, July 21, 2008

NBC5 - Detectives Seize Documents From Murder-For-Hire Suspect's Attorney - CCO, July 18, 2008

It was snowing on a January day in 1977. My wife and I were looking for a good day care for our infant son. I was walking up the steps of an East Dallas Church that ran a good day care program, when I slid on a patch of ice that had formed on the granite steps. As I fell I tried to raise the baby out of the way. I landed on my face and arms, but somehow one of the boy's legs had gotten between my arm and the stone. A trip to the emergency room confirmed his leg was broken.

The hospital called the police who questioned me and especially my wife for a long time. Finally they believed us - no charges were filed, and CPS was not called. The leg healed up just fine and soon our son was crawling.

In August of 2006, Paul Alexis was carrying his 4 week old son to his crib when he slipped on a blanket that had fallen to the floor. He tried to protect the baby, and fell heavily against a dresser. He thought his boy was OK, but when the baby kept crying, Alexis and his wife took him to the emergency room. The young baby had a fractured skull. The police were called after a doctor stated that he didn't think that the boy's injury was "consistent with a simple fall".

CPS took over the case and removed their children from the home. Later, they gave custody to relatives and let their mother live with the kids. Paul, however, was order to stay away from his family.

Paul Alexis went through 5 months of CPS ordered psychological examinations, drug testing and supervised visitations. The CPS psychiatrist later reported to a Collin County court that she, "believed Mr. Alexis' accounts of the incident were consistent and did not find any information to refute this." The family court judge, finding no reason to doubt Mr. Alexis, reunited the family. Paul Alexis thought it was over - his name had been cleared.

He had not considered that the Collin County District Attorney's office might think otherwise.

One year later, Alexis was shocked to hear from the Collin County District Attorney that a grand jury was hearing evidence against him. Shortly there after, he was indicted for felony injury to a child -- a charge that could result in a life sentence.

One Collin County judge, using the standard of a "preponderance of the evidence" had ruled that the injury was accidental, cleared Mr. Alexis, and allowed him to go home with his family. Now DA John Roach and his office were prosecuting him - this time on a criminal charge. The state had a much higher standard to meet. It had to prove that Alexis was guilty "beyond a reasonable doubt."

It couldn't and it didn't.

Two years later, in August 2009, a second Collin County Judge found Paul Alexis "not guilty".

Under Texas law there is no mechanism for bringing charges against over zealous prosecutors. When questioned about the case in 2007, DA John Roach told reporters, "We are not bound by that [civil] verdict," Mr. Roach said. "Obviously someone in my office thinks that this is a prosecutable case."

He didn't say it was a "just case".

Bill

==================================

Notes:

Dad's name cleared in injury to a child case, Diane Flemming, The Dallas Morning News Crime Blog, November 20, 2009

Collin dad faces criminal charges in son's head injury, Tiara M. Ellis, The Dallas Morning News, October 16, 2007

Civil to Criminal Court - A Surprising Case, Legal Defense Newsroom

Father Spends Three Years Fighting Child Injury Charges, Men's News Daily, November 23, 2009

The Carnegie Foundation and the Council for Advancement and Support of Education have named Dr. Tracey McKenzie the US Community College Professor of the Year.

Dr. McKenzie teaches sociology at the college's Frisco campus. In her statement to the selection committee, she wrote:

"More than transmitting knowledge, teaching is about inspiring others to discover their purpose and potential. As a professor, I have the opportunity to impact the lives of students, and I take that role seriously. Each student enters the classroom with a unique and valuable set of life experiences, and my goal is to use the tools of sociology to help students better understand their lives and the larger social world in which they live."

"Teaching requires openness to change. Therefore, I continually examine my teaching techniques and experiment with ways to become a more effective teacher by integrating technology, adapting practices to address the needs of an increasingly diverse student body, understanding different learning styles and incorporating various assessment strategies. I strive to create an active, collaborative learning environment in which all participants are both teachers and learners and where students can discover knowledge rather than be passive recipients."

"I strongly believe that critical thinking and a global perspective are crucial to becoming a competent citizen in society. Rather than teaching sociology simply as a collection of facts, names and theories, I strive to provide students with a set of principles to apply to their everyday experiences. By examining cultures other than their own, students learn to examine and critically analyze their own taken-for-granted realities. My role, then, is to help students learn to address the complexities of an issue, carefully form opinions, and develop and analyze solutions to social problems. Education can be liberating if students master how to learn and how to think. Making that small contribution clearly defines my professional goals as a teacher."

The highly-coveted award is considered the pinnacle of collegiate teaching, and Dr. McKenzie’s honor marks an unprecedented third national winner at Collin College in nine years.

Two years ago, developmental math professor Dr. Rosemary Karr was, like McKenzie, named U.S. Professor of the Year, and theatre professor Brad Baker secured the honor in 2000. The CASE/Carnegie competition also spotlighted Collin College psychology instructor Jennifer O'Loughlin Brooks in 2006 as Texas’ top college or university professor.

Along with the award, Dr. McKenzie won a $5,000 cash prize and a trip to the Washington D.C. awards ceremony.

Bill

Trey Garrison, wrote an interesting piece on Charles Sandoval's reincarnation as a visiting judge in Dallas County after the judge was defeated at the polls and made unwelcome by his fellow jurists in Collin County. He even includes a nice nod to the Collin County Observer.

Bill

==============================================

The Worst Judge in Dallas County
How did Charles Sandoval, the worst judge in Collin County, wind up sitting on a Dallas bench?

by Trey Garrison
Published 11.18.2009
D Magazine, DEC 2009

There’s always that guy who stays long after the party has ended. Drop all the hints you want. But he’s going through your music collection and checking to see if your couch folds out. Tell him you have an early meeting, and he’ll ask if you have anything to make a sandwich with.

Which brings us to Judge Charles Sandoval, arguably the most ineffective judge working in Dallas County today.

The party that Sandoval won’t let end gracefully started in 1996, when he took over the 380th District Court in Collin County. If history serves as any guide, he should have been able to keep his job for as long as he wanted it. But Collin County voters threw him out 12 years later. It’s difficult to pinpoint any single cause for his defeat. But lawyers who tried cases in his courtroom say he was petty, cruel, inconsistent, and just plain rude.

“Oh, he played favorites, and he would just litigate from the hip with no regard for what the law said,” says attorney Luke Gunnstaks.

Sandoval’s actions on the bench have led to a slew of his decisions getting reversed in the 5th Court of Appeals. In a civil case two years ago, one of the parties actually collapsed in Sandoval’s courtroom, and the paramedics were called. The man decided to go home. His attorney asked for a continuance. Sandoval said no, let’s keep going. The 5th Court recently ruled that was grounds enough to uphold an appeal.

And though every judge has the occasional inappropriate exchange with one attorney in a case in the absence of the other attorney—that’s ex parte communication in legalspeak—Sandoval was notorious for it. Gunnstaks recounts discovering in deposition 12 pages of notes taken by a private stenographer that detailed Sandoval’s ex parte discussion with Gunnstaks’ opposing counsel in Sandoval’s Collin County chambers, covering how the case would proceed...

read the rest of the article at D Magazine....

In 2007, Texas voters authorized the State to issue up to $5 billion in general revenue bonds for transportation and highways. Last week, TxDOT approved $2 billion of these bond funds for non-tolled highway projects.

Central Texas was the big winner, with nearly $1 billion pledged to expand I-35 from 4 lanes to 6. The North Texas region came out the big loser.

What did Collin County get? For one thing, no new roads, but more than almost any other North Texas County.

The total funding for Collin County is $18.2 million, while Dallas is slated to receive only about $3.77 million for new lanes on I-30 downtown and for repairing I-20 near LBJ freeway.

Denton County will get $11.2 million, Grayson - $3.9 million, Hunt - $20.1 million, Rockwall - $2.6 million. Tarrant County received a paltry $215,000.

The projects whose funding was approved in Collin County are:

1. $6.1 million for repairs to FM 543, north of McKinney to Weston
2. $3.6 million to rebuild two portions of FM 545, near Melissa
3. $4.0 million to rebuild a part of FM 546 near the Collin County Airport in McKinney
4. $4.5 million for repairs to SH 6 from SH 78 to the Hunt County Line

The funding for the North Texas region, including Collin County is significantly, and ridiculously below our needs.

One explanation? Our elected state representatives are not doing their job. In a posting on the Dallas Morning News Transportation Blog, Michael Lindenberger reports that one legislator form Mesquite wrote a letter, "to Transportation Commission chairwoman Deirdre Delisi, urging her to table the item [the allocation of bond funds], [it] was signed by just seven other House members from the region. An aide told me last night that all members of the delegation had been asked to sign it, but many had not done so." If our legislative delegations can't at least try to secure the funds we need, the only new roads this region will see built will be tolled.

That's how it has been and how it is likely to remain without some serious political pressure from a unified North Texas legislative delegation.

Bill

Editorial: The McCall Doctrine

Sunday, November 22, 2009
DMN Suburban Editorial Board

Plano voters will notice something missing when they step into the voting both next year – the McCall name.

Collin County has been represented in Austin by Brian McCall for nearly two decades, but the veteran House member has announced that his current term will be his last.

The McCall name has commanded respect in Plano as well as through the state Capitol. His community can take pride in the person it has sent to Austin since 1991, both for what he accomplished and the way he did it with integrity.

Before this year's legislative session neared, McCall was part of a small group of Republican lawmakers who sought change in the House's authoritarian, partisan leadership.

Joining with Democrats in deposing Speaker Tom Craddick, they rallied around Joe Straus of San Antonio and pledged more evenhanded guidance. They promised that all lawmakers would have a shot at getting their bills to the House for a vote – not just those whose ideas fit the leadership agenda.

McCall became one of the Straus lieutenants and controlled the flow of legislation through his chairmanship of the Calendars Committee.

Members credited him with making good the promise of fairness for members regardless of party, and the statistics backed up the praise.

Going back to his early terms in the House, McCall made a difference. He passed legislation in 1995 to create the state's DNA registry, which has evolved into an invaluable tool for freeing innocent people and convicting the right ones, and also passed the state's first anti-stalking bill. In 1999, he authored a tax-cut bill credited with saving taxpayers more than $3 billion.

His tenure in the House been notable, too, for the principled way he conducted himself. That is exemplified by his decision to return the $150,000 in political contributions that he collected since the end of the 2009 session, his last.

In searching for a replacement, the Plano community should ask prospective candidates if they will sign onto what we can term the McCall doctrine. Here are four main points, taken from McCall's retirement announcement from last week:

• Show up for work every day of every session and keep my head in the game.
• Be a gentleman, even in a rough-and-tumble political environment
• Always have respect for, and a willingness to defend, the process.
• Think for myself instead of being hypnotized by the various scorecards of the special-interest policy groups du jour.
• Remember that the job is temporary.

link to editorial at The Dallas Morning News....

The county has distributed about 15,000 doses of H1N1 vaccine to several area clinics and pharmacies. According to their press release, the county said that the vaccine would be available to "high risk" citizens on Saturday, November 21. Since both my wife and I fall into the "high risk" category, we decided that we would go and get our shots.

First we tried the Walgreen's in Wylie. No luck there. We were told that no vaccine would be available until Monday -- at the earliest.

Then we tried the Prima Care in Plano. They had the vaccine, and they also had a huge crowd and a harried receptionist who informed us that we would be waiting "a long time" to get served.

I then figured we'd do better to try to use the telephone to see what would work best. First we tried the "211" number the county suggested we call. After answering a lot of geographic questions, like "Is Wylie in Collin County?", we were told that there was no Swine Flu vaccine available nearby.

I then called the Texas Star Pharmacy in Plano. They had the shots, but we were too late as they closed at noon. When I asked them what we'd need to bring to document that "high risk", they told me that they were offering the vaccine to everyone, without restriction.

We then called the Tom Thumb pharmacy, they had the shots, explained what forms we needed to fill out and 20 minutes later, we were both vaccinated. The cost to us was $15 each. (The county also pays the providers an additional $21 per shot.)

Out of curiosity, I called a few more designated providers. None reported the kind of long lines seen in Dallas County. There was some real confusion over eligibility, and not all locations had the vaccine available as promised.

It took us about 2 hours to find and get the shots. From what I've been reading of long waits and confusion in other counties, the distribution system the Collin County's Health and Homeland Security Departments set up worked better than many.

It was the first day for widespread distribution, and some confusion is to be expected. Hopefully, the glitches will be worked out quickly, and additional supplies of the vaccine will be made available on a continuing basis.

Bill

Want know where to find the vaccine in Collin County? Here is information from the county.

Correction:

December 1

I received this explanation on payments to providors from a spokesperson at the county:

"One clarification regarding your “Getting vaccinated in Collin County” post. Contracted providers in Collin County are only reimbursed for those vaccine doses they’ve received from the County, and are administering as part of the county’s medical services “safety net.” The reimbursable rate is $19.20 per dose (the regional Medicare dose rate). Providers who charge for their vaccination services do not receive any reimbursement from the County."

Shapiro to file for re-election while sights set on U.S. Senate seat

Saturday, November 21, 2009
By TERRENCE STUTZ / The Dallas Morning News

AUSTIN – Sen. Florence Shapiro of Plano said Friday that she will file for re-election for her state Senate seat next month, while she keeps her long-range sights set on the U.S. Senate seat now held by Kay Bailey Hutchison.

Shapiro, a Republican, said she will file for re-election on Dec. 3, the first day state candidates can file to run in next year's elections. She has represented Senate District 8, in Collin and Dallas counties, since 1993.

Shapiro is one of several candidates who are having to adjust their plans now that Hutchison has said she won't step down from the Senate until after the Republican primary in March. Hutchison, who is challenging Gov. Rick Perry in the GOP race for governor, had earlier indicated she would resign from the U.S. Senate by the end of 2009 to focus on the contest against Perry.

"I will adjust my U.S. Senate campaign based on the future resignation decision of U.S. Sen. Kay Bailey Hutchison," Shapiro said in a written statement.

Regarding the U.S. Senate seat, Shapiro said she is "very pleased" with the statewide team of supporters she has assembled and that she has raised more than $1 million toward that race.

http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-shapiro_21tex.ART.State.Edition1.4ba428b.html

From a Collin County press release issued Friday:

FOR IMMEDIATE RELEASE

Health Care Services
825 N. McDonald St. Suite 120
McKinney, Texas 75069
www.collincountytx.gov

November 20, 2009

(McKINNEY, Texas) -- Collin County Health Care Services received an additional 8,600 doses of H1N1 vaccine today from state health authorities, making more than 15,000 doses available this week to individuals who are in the U.S. Centers for Disease Control priority vaccination groups as listed below:

• Pregnant women
• People who live with or care for children younger than 6 months of age
• Health Care and Emergency Medical Services Personnel
• Persons between the ages of 6 months and 24 years
• People ages 25 through 64 years who are at higher risk for novel H1N1 because of chronic health disorders or compromised immune systems

Those who fall into the above priority groups and are interested in receiving the H1N1 vaccination can call one of the following locations beginning Saturday, Nov. 21:

• PRIMACARE-MCKINNEY
  1920 W. Eldorado Pkwy
  McKinney, TX 75069
  Mon-Fri (8am-9pm)
  Sat & Sun (8am-5pm)
  469-952-3737
  *Preservative-free available
• PRIMACARE-PLANO
  3304 Alma Dr
  Plano, TX 75023
  Mon-Fri (8am-9pm)
  Sat & Sun (8am-5pm)
  972-424-6581
  *Preservative-free available
• EXPRESS HEALTH-MCKINNEY
  1505 Harroun Street, Suite C
  McKinney, TX 75070
  Mon-Fri (8am-5pm)
  972-548-2722
• TEXAS STAR PHARMACY-PLANO
  3033 West Parker Rd.
  Plano, TX 75023
  972-519-8475
• Walgreen Pharmacies in Collin County
• Tom Thumb Pharmacies in Collin County

For future updates of H1N1 vaccine availability and locations, the public may call ‘211’ or 972-548-5500 (CCHCS main line). Also, the Texasflu.org website has posted a Flu Vaccine Locator, or residents can check the Collin County Facebook and Twitter sites through the Collin County website, www.colllincountytx.gov.

The Collin County Observer has learned that two Collin County judges are currently the targets of separate grand jury investigations. Court house observers I have spoken with suspect that both investigations are politically motivated.

Judge Suzanne Wooten, of the 380th District Court has recused herself from all criminal trials for several months now after, my sources tell me, the former judge she defeated brought forth charges of illegal campaign finance transactions.

And Judge Greg Willis, who recently resigned as judge of the County Court at Law #6 is, according to court house insiders, the target of an investigation alleging possible irregular authorization of payments to defense attorneys representing indigent defendants.

Judge Willis is generally considered the front runner in the GOP primary race for District Attorney.

Grand Jury proceedings are, by law, secret. The particulars of both cases can not be known unless and until the grand jury hands down indictments.

The Observer can not and does not know what testimony has been given or exactly what the allegations are. What this author does know is that the Collin County court house is abuzz with rumors.

However, sources close to both judges have confirmed that they are indeed targets of grand jury investigations.

Rumors abound.

According to court house insiders, it is likely that former judge Robert Charles Sandoval filed his charges against Judge Wooten directly with the grand jury. Sandoval is said to still bear a grudge against Wooten who beat him handily in the 2008 election.

The most popular explanation I've heard for the investigation against Willis is that the DA and his chief assistants do not want Judge Willis to become the next District Attorney - they believe that if he is elected, he will "clean house" by replacing many of the lead prosecutors.

Local attorneys point to what they say is a history of using grand juries for intimidation by DA Roach and Chris Milner, the Chief of the District Attorney's Special Crimes Division.

Milner has, in the past, been accused of using grand juries to "go after people with vague offenses". They bring up Milner's indictment of local attorneys Deric Walpole and James Vasilas who were indicted by Milner for "tampering with government records" for making an error on a legal pleading. Both indictments were eventually thrown out.

Milner also investigated the allegations of fraud between Dallas County Sheriff Bowles and jail contractor Jack Madera. All indictments were later tossed out because the charges in the indictment were not criminal offenses, but not before Bowles lost his primary bid for nomination as sheriff. In yet another big case, Milner secured indictments against Denton County Sheriff Weldon Lucas. Less than a week later, a judge dismissed all charges against him.

Special prosecutor is needed.

Regardless of the merits of either case, the prosecution of a judge by the DA, who on a daily basis pleads before that same judge, opens the door to charges of political intimidation.

When Dallas and Denton Counties needed to investigate their sheriffs, their DAs asked for an outside prosecutor. When the Rockwall county DA was accused of wrong doing, again an outside prosecutor was brought in.

Every day, members of the district attorney's staff appear before our judges and make motions, ask for pleas, and argue cases. Every day, our judges make decisions to accept or reject those motions and pleas. Every day they hold trials where they try to remain fair to both the defendant and the DA.

It is insane for a county district attorney to prosecute the county's own judges. If John Roach believes there may have been wrong doing by either judge, then justice requires that he ask an outsider, with no vested interest in the outcome, to investigate and prosecute if warranted.

It is wrong for the Collin County District Attorney to proffer charges against a jurist who seeks to use the ballot box to replace him.

The fact that these two cases have proceded this far smacks of arrogance on the part of the Collin County District Attorney. His actions look like cheap and brutal political stunts. If justice is to be served, Roach and his staff must either drop their investigations, or turn over their evidence to a special prosecutor and let him convene a new grand jury to hear the charges.

Bill

Erica Johnson has something to say about the redistricting battle going on in the eastern part of the Plano Independent School District.

Although she lives in Parker, which is in the affluent portion of the area, she has been active in trying to drum up support for a school zone plan that will balance the Middle and High School student demographics in the East Plano area. "It's about doing the right thing", she says.

She has been quoted in the Dallas Morning News, the Plano Star Courier, and MSNBC.

Monday, she took her campaign to the county commissioners' court. While admitting that the court had no jurisdiction in school rezoning, she told the commissioners that she wanted them to understand the importance of the issues. I heard her presentation, and thought it worth posting on the Collin County Observer.

With her permission, below is the text of Erica Johnson's comments to the Collin County Commissioners' Court.

Bill

=============================

What is going on with PISD?

The district is building two schools in the east cluster, a middle school (Otto) that opens fall 2010 and a high school (McMillen) that opens 2011. Conflicts will always arise whenever there is discussion of new school boundaries, but it's a little different this time. Plano is now an aging city, and the areas that used to be small pockets of poverty that were easily absorbed into a school are now widespread serious depressions of poverty.

When the new middle school opens, we will have four on the east side. Two will go to the older high school (Williams) and two will go to the new high school (McMillen). The district planned all along to put the two affluent schools together at the new school and the two older lower income schools at the old high school. This was the plan even before the bond was passed. Promises were made to the more affluent neighborhoods that if they supported this bond, they would get the new schools. This group of parents has been anxiously awaiting these promised schools, many because they can't wait to get out of Williams High School with its perceived bad reputation and older less desirable neighborhood.

Here's the problem. If you put the two poor high schools together, you have in effect segregated 90% of the east side Hispanic population. You will also have segregated 92% of the economically disadvantaged into one school. The district would like us to believe that they must do this in order to maintain a "neighborhood school" philosophy, but there are many problems with that argument. One of the two middle schools slated to go to the new high school is equidistant between the old and the new high school. There are many neighborhoods that do NOT attend the middle or high schools closer to their home. Everyone can agree that the elementary school is what serves as a "neighborhood school", but because of the way Plano is laid out, most leave their immediate neighborhoods to attend middle, high and senior high schools.

Here's a few more glaring examples of the district applying the "neighborhood school" philosophy when it suits them, and affecting segregation when it does not.

1. 6 years ago, when the new Murphy Middle School opened, a large and vocal group of parents fought their way out of their neighborhood school (Armstrong) and into Murphy Middle. They had been feeding into Armstrong Middle, but the district allowed the Stinson elementary to feed into the further Murphy Middle, which opened at over capacity with portables and left Armstrong Middle way under. Today, Murphy has 1492 (capacity 1312) students and Armstrong has 773 (capacity 1177) and is currently rated academically unacceptable. When Stinson was still at Armstrong, it was rated recognized, by the way.
   
   
2. Mendenhall Elementary. There are two buses, paid for by the district, that leave from the neighborhood zoned for Mendenhall. One bus full of white children goes to Aldridge Elementary, not even an east cluster school. Another bus full of Hispanic children goes to Mendenhall, which according to this year's free and reduced lunch figures is at 82% economically disadvantaged. Aldridge is at 16%.
   
   
3. Children in a trailer park almost within sight of Hunt elementary in Murphy are bussed all the way across Parker to Hickey elementary.
   
   
4. There is a trailer park that is literally across the field from the new middle school (Otto), yet they will be bussed all the way to Armstrong Middle School.

If one was a conspiracy theorist, one might see a pattern of removing the poor Hispanic children out of the Murphy and East Richardson schools and putting them anywhere else.

The district appointed a committee to look at the realignment and issue a recommendation. When it became apparent that the committee was not going to recommend the way they had intended, the school board disbanded the committee and is now conducting "research" to determine the best solution. There is no longer any oversight, accountability or public input. This decision is going to be made by a group of elected officials, only two of them who have children in the district, and at least one of whom has been quite vocal about telling the Murphy/East Richardson contingent that they have nothing to worry about, because the decision to keep them all together in the new schools has already been made.

The future of our children, communities and even the city of Plano is at stake, and no one is listening to us.

Erica Johnson
Parker, Tx

Plano City Council member Mabrie Jackson to run for state House seat

November 15, 2009
By THEODORE KIM / The Dallas Morning News

Plano City Council member Mabrie Jackson, a political newcomer who has emerged as a contrarian voice on the eight-member board, plans to resign today to run for the state Legislature.

Jackson said Sunday she will launch a bid for the Texas House this week. Longtime state Rep. Brian McCall of Plano is planning not to run for re-election.

Jackson expressed a desire to work at the state level to represent a community "at a financial crossroads and at a political crossroads."

"When I got into this job, I became very aware of policies that affected our cities that we have no control of. And many of those policies came from Austin," said Jackson, 45, a Republican. "When this opportunity arose, I felt like I had to step up."

Her resignation will take effect immediately. The Plano council will have 10 days to appoint someone to serve out her term. It ends in May 2011.

The vacancy arrives as the City Council faces myriad challenges brought on by slowing housing and commercial growth and the economic squeeze.

In September, a divided council approved budget cuts and a slight property tax rate increase. Plano confronts the prospect of a much larger tax increase next year.

Jackson was one of three members to vote against this year's tax increase and the budget.

While the vote burnished her credentials as a penny pincher, she irritated a number of civic leaders who portrayed the measure as necessary to Plano's financial health.

Last year, she and council member Pat Miner also kept a campaign pledge by hosting regular community round tables at City Hall in hopes of engaging constituents.

The sittings often drew just a handful of citizens, sometimes none.

"I hope that I stayed true to my promise that I would be fiscally conservative, responsive and available to everybody," she said.

Jackson won her council seat last year following an energetic campaign, capturing about two-thirds of the vote in an upset over incumbent Loretta Ellerbe.

Beyond the council, she has worked in sales and marketing and served on a number of civic boards. She is married and has two children.

City Council member Ben Harris, who was Jackson's campaign manager before becoming a council member himself, said he was surprised by the announcement's timing. He said the council would miss Jackson.

"She's done a great job during her year-and-a-half on the council," he said. "We wish her the best of luck in her future endeavors and representing us in Austin."

Jackson is expected to have competition for the House District 66 seat, which McCall, a Republican, has held since 1991.

One candidate has already expressed interest publicly: Republican Wayne Richard, founder of an advertising technology firm and a group called the National Coalition for the Defense of American Sovereignty.

link to article in The Dallas Morning News....

Collin County is represented by 4 Texas Legislators whose districts are include large portions of the county. I list here all those candidates I know about. If I've missed someone, it is inadvertent. Please send me a note and I'll make the correction.

District 66

Brian McCall has been the District 66 representative for the last 20 years. In the last legislative session, McCall was appointed chair of the House Calendars Committee, making him one of Texas' most powerful legislators. Nevertheless, this weekend, he announced he would not be seeking re-election.

WAYNE S. RICHARD

Wayne Richard is founder and CEO of ICglobal, a provider of new media and advertising technologies. Mr. Richard received his Bachelors of Business Administration in 1980 from the Cox School of Business at Southern Methodist University in Dallas, Texas. He is Chairman of the SMU Cox Alumni Board of Directors and sits on The Salvation Army Plano Advisory Board.

Richard's campaign aims to appeal to the exreme right wing Republican. He has been campaigning at numerous local "Tea Parties" on a platform against secularism and socialism and for sovereignty and limited government. His campaign website features videos of his speeches at several local Tea Parties. In one he stands on a street corner with a bullhorn, as Collin County Judge Keith Self offers encouragement.

Richard is the founder of National Coalition for the Defense of American Sovereignty (NCDAS), whose mission statement is, "to educate and encourage Americans who are hungry for a factual account on domestic and international events and the subsequent governmental actions that frequently undermine the US Constitution."

Richard has been endorsed by the North Texas Tea Party.

MABRIE GRIFFITH JACKSON

Mabrie Jackson resigned her seat on the Plano City Council to make a run for the District 66 seat. She was elected to the City Council in 2008, upsetting long term incumbent Loretta Ellerbe. Jackson earned a degree in communications from the University of Texas. She works for Microsoft Corp. as an account manager. She has previously served as a Legislative Assistant to the Texas Legislature.

Jackson was the former chair of Collin County's Child Protective Services Board, and has served on the boards of the Collin County Assistance Center, and the Visiting Nurses Association. She has been active in community affairs in the city, county and schools and was named one of the “21 Leaders For the 21st Century” by Inside Collin County Business.

District 67

JERRY MADDEN

Jerry Madden has served Plano's 67th district in the Texas Legislature since 1992. He is the former chair and now the vice-chair of the House Corrections Committee. He also serves on the House Judiciary and Civil Jurisprudene Committee.

Madden has retired from the ownership of Jerry Madden Insurance.

He is a West Point graduate, and a Viet Nam veteran. In 1979, he earned a Master of Science in Management and Administration Sciences from the University of Texas at Dallas.

In 2007, Rep. Madden was designated by Texas Monthly as one of its 10 Best Legislators. He is the first recipient in 2007 of the Carmen Miller Michael Mental Health Advocate Prism Award, a University of Texas at Dallas Distinguished Alumnus Award, was named as a member of the Board of Directors of the Council of State Government’s Justice Center, and was nominated to serve as Chairman of the Law and Criminal Justice Committee of the National Council of State Legislatures.

Madden's campaign web site has not been updated yet for the 2010 campaign, and touts his accomplishments in the passage of, "highly successful 2007 criminal justice system reforms which sought to divert individuals from prison through mental health and drug treatment programs, provide more opportunities in prison for rehabilitation, and properly utilize probation and parole mechanisms to avoid greater costs if new prisons were built."

JON COLE

This is Plano resident Jon Cole's second attempt to unseat Jerry Madden. In 2008, Cole ran a much criticized campaign which included "push polling", misleading flyers and mean-spirited attacks.

The Collin County Observer wrote of the 2008 campaign, "This is old-fashioned, shoot-em-up, nasty Texas politics." Cole's tactics almost worked; he garnered 48.27% of the votes in the March, 2008 GOP primary.

Jon Cole received his bachelor's degree from the University of Texas at Austin with a double major in history and government and graduated from the Institute of Comparative Political and Economic Systems at Georgetown University in Washington, DC. He is the Marketing Director for Total Physician Review, a healthcare consulting group based in Collin County. He has served as a legislative aide in the Texas House of Representatives, has worked in the Governor's Criminal Justice Division analyzing Texas' drug court system and assisting the Texas Crime Stoppers program. He also assisted the Governor's Office of Homeland Security produce the state's emergency communication network.

Mr. Cole's campaign web site is "under construction". He is endorsed by the North Texas Tea Party.

District 70

I am not aware of any challengers to 4 term incumbent Ken Paxton. There are, however persistent rumors that Rep. Paxton is wanting to toss his hat in the ring for Shapiro's Senate District 8 seat. We shall see.

District 89

I am not aware of any challengers to 4 term incumbent Jodi Laubenberg.

Bill

========================================

In this series of previews of the 2010 election:

* Collin County Court at Law #2
* Collin County Court at Law #3
* Collin County Court at Law #4
* Collin County Court at Law #6
* Collin County District Attorney
* Collin County Legislative races
* Collin County's 219th District Court
* Collin County Commissioners Court
* State Board of Education

On Monday's Commissioners Court agenda is the line item, "AI-31093 Personnel Changes, Human Resources."

A look at the background information in the court's meeting packet reveals that one of the personnel changes is the demotion of Curtis Howard from Second Assistant DA to Chief Felony Prosecutor. As part of the demotion, Howard will see his pay cut 5% from $104,393 per year to $99,174.

Howard is the 3rd person to fall after WFAA's Brett Shipp published a story alleging that a wealthy DWI defendant had his case "vanish in the Collin County Court system".

Earlier this month, Chief Misdemeanor Prosecutor Kerrie Walker resigned her job at the District Attorney's office. She was the person named by Shipp as the prosecuter who forced an acquittal of the DWI defendant with a 'stand and rest' tactic before a visiting judge.

Last month, prosecuter Brad Clements resigned after writing an email that described the circumstances of the case in a general criticism of the county's prosecution of indigent and poor defendants. Clements accusation that wealthy, well connected defendants receive preferential treatment has never been answered by the District attorney or his office.

District Attorney John Roach has promised a full investigation, but has never said when the investigation would be complete or if a report would be made public.

The Collin County Observer has called for an independent jurist to conduct an impartial inquiry.

Bill

Frisco plant exceeds new limit on lead levels

November 15, 2009
by RANDY LEE LOFTIS / The Dallas Morning News

Exide Technologies' decision last month not to seek state permission to expand production at its Frisco lead smelter doesn't mean public health concerns are over.

Even with no expansion, airborne lead levels around the 45-year-old vehicle battery recycler are among the highest measured anywhere in the country. As recently as last year, they came close to the Environmental Protection Agency's legal limit for lead in the air.

That limit is being replaced by a tighter, more scientifically robust federal standard that is needed, a huge body of research shows, to protect children and others from a substance known to be toxic in almost unimaginably tiny doses. Lead levels around the Exide plant are routinely five to eight times higher than the new limit.

Hard evidence of how lead might be affecting people who live near the Frisco smelter, however, is just about nonexistent. Public health officials have never tested local children for IQ loss or other subtle but critical effects of lead.

It's been 15 years since they checked some children's blood for evidence of exposure – so far back that experts say any results from then are meaningless now.

Lack of local information makes it difficult for Frisco to judge the potential risks of living near the city's heaviest industry, which melts lead from old vehicle batteries for reuse in new ones. Exide's expansion plans stirred a brief but effective protest, but now the city must decide how to reconcile nearly a half-century of quiet local relations with an avalanche of new knowledge about lead's toxic impacts.

City officials want a state study. "We want to make sure that public health is protected," Mayor Maher Maso said.

Atlanta-based Exide, with operations in 80 countries and annual sales of $3.3 billion, said it is assessing the new lead standard's impact on its Frisco plant. Exide "fully intends to implement measures to attain" the tighter limit, spokeswoman Kristin Wohlleben said.

A local study might be valuable, nationally known experts on lead told The Dallas Morning News. They stressed, however, that enough is already known about the soft, gray metal's effects on intelligence, attention span and even blood pressure to justify a dramatic reduction in Frisco's lead levels.

Frisco residents can rely on an "alarming accumulation of data in other studies," said Dr. Deborah Cory-Slechta of the University of Rochester.

"We certainly know what the blood levels around smelters have been with these kinds of exposures," said Cory-Slechta, a neuroscience and member of an expert panel that pressed the EPA to cut the federal lead limit more than 90 percent. "So we can probably predict that we're going to have them above levels of concern."

Many experts argue that the new federal limit is still too high, so lead readings nearly 10 times the new limit are "clearly a concern," she said. "It should suggest to parents – especially to those who reside in some proximity to the smelter – that they would want to have blood-lead testing done on their kids."

Close to the limit

From 1988, when public disclosure of companies' toxic releases began, through 2008, the latest report year, Exide or predecessor GNB released 76,513 pounds of lead into Frisco's air. That doesn't count releases during the 24 years Exide operated before emissions reporting started.

What is known is that the lead, which enters the air from three smokestacks and 27 other points around the plant, and from dust kicked up by trucks and other sources, has sometimes violated the EPA's limit or come close.

After excessive lead readings starting in the mid-1980s, in 1991 the EPA designated the property around the smelter a nonattainment area – federal jargon meaning an area has not attained the national standard for clean air.

By 1999, lead levels had stayed below the limit – at the time, 1.5 micrograms suspended in each cubic meter of air – long enough for the EPA to lift the designation. A decade later, however, the part of Frisco nearest the smelter is about to become a nonattainment area once more.

Under federal orders, states have listed areas that will have lead levels higher than the new limit. Collin County is Texas' only proposed area; Exide is the county's only big lead source.

Being a lead nonattainment area means little to the general public; there are no restrictions on people's activities or property. The label forces regulators to reduce emissions from major sources and alerts the public to the problem.

Figures show the problem around Exide. From 2005 to 2007, the highest average reading was 0.77 micrograms per cubic meter – more than five times the new federal limit.

From May through August last year, average readings ranged from 0.97 to 1.26 micrograms. That highest reading, in July 2008, was more than eight times the new limit and just below the old one. Those readings came although Exide was emitting only slightly more than half as much lead as its state permit allows.

This summer, the Texas Commission on Environmental Quality did a computer study that intentionally overestimated Exide's possible emissions to see how high the lead levels could go in theory. The forecast reached 1.42 micrograms – almost hitting the old, discarded federal limit of 1.5.

Read the rest of the article in the Dallas Morning News (it's worth reading)....

Paul Burka, the Senior Executive Editor of Texas Monthly magazine is the dean of Texas political pundits. His blog, Burkablog is a must read for anyone interested in Texas political intrigue.

Today, Burka published two posts on the decision of Plano's Brian McCall not to seek re-election. In the second of the two, Burka relates that in a conversation this morning, Rep. McCall disclaimed any plans to seek election to another public office.

The first post reads almost like an obituary. Burka states that McCall, "was the gold standard for how a legislator should conduct himself."

Bill

========================================

Last McCall

Paul Burka, Texas Monthly Burkablog
November 15, 2009

I am sad to see the news that Brian McCall has decided not to run for reelection. Brian made the House better just by his presence. He was the gold standard for how a legislator should conduct himself. When he had a bill on the calendar, he put on a clinic about how to pass legislation, with clear explanations and irrefutable policy arguments. His integrity was spotless. His respect for the legislative process was total.

Next to his character, what he will be most remembered for is his opposition to Tom Craddick. McCall was a charter member of the ABCs, the once sizable cadre of Republican members whose choice for speaker was “Anybody But Craddick.” When Craddick was running for speaker in 2002, McCall sent a letter to his colleagues foretelling the dark side of a Craddick speakership. It proved to be prescient. In 2006, Republicans lost five seats in the November elections, and McCall decided to challenge Craddick’s reelection. But a rapid Craddick counteroffensive turned three key McCall pledges, and he eventually bowed out in favor of Jim Pitts. Craddick went on to win his third term after the key vote — whether the speaker should be elected by secret ballot — went his way by a narrow margin.

Readers know the rest of the story. The 2007 session was one of the most tumultuous in memory. Craddick lost effective control of the House, and his frantic efforts to hold onto power, including firing the House parliamentarians and obtaining a new ruling that he could not be removed during the session, only turned more members against him, including several of his own committee chairs. Those were amazing days; we will never see anything like them in our time.

Through it all, McCall never wavered in his belief that Craddick could not be reelected. Neither, however, could McCall. As the ABCs met to choose their candidate for speaker on January 2, McCall had filed papers to run, but his moment had come and gone. As the ABCs took successive ballots to drop the low vote getters, McCall did not make it to the final round. Still, as the story goes, it was his vote for Straus that determined who the next speaker would be.

While there are no doubt many reasons for McCall’s decision to retire from the House, I believe that the closing of the door on his dream to be speaker must have played a part.

McCall went on to serve as Straus's chairman of Calendars. a position from which he could enforce fairness for members of both parties, so that Republicans and Democrats, and combatants in the 07 and 09 speaker’s races, could feel they had an equal chance of getting their bills to the floor, without personalities or political loyalties. He played an essential role in calming waters that are too often roiled, and his performance earned him a place on the Ten Best list. His departure is a real loss.

read story on the Texas Monthly's Burkablog.....

I hear it's tough to be in commercial real estate right now.

Tenants are seeking rent concessions from landlords. In fact two tenants of property owned by the county's Health Care Trust Fund have already sought and been granted rent reductions. Of the 4 lease agreements signed for Health Care Trust Fund tenants this year, 3 got reduced rent, and one stayed the same:

* In January, the Trustees (the county commissioners are also the Trustees of the Health Care Trust Fund) approved free rent of Trust Fund property for the county's own Bio-Terrorism team.
* In July, a one year lease renewal was signed with Mary Safi Associates. The lease payments remained the same.
* In August, Estimates, Unlimited negotiated a one year 30% reduction in rent from $1,029 to $735 per month.
* In September, CADET Center negotiated a 4 year rent reduction - from $781 to $734.

Collin County is very willing to renegotiate rents for tenants, especially when the money is due to the Trust Fund. However, they don't seem to be as good negotiators when tax dollars are at stake.

On Monday the court is scheduled to approve another lease renewal. This time the county is the tenant. The 3 year lease for the Constables' office in Frisco with Avventure Properties will renew at $13,005 per month.

That is the same as the county paid last year. The request to the commissioners notes that there is "no price increase". There is no decrease either.

Bill

UPDATE:
Nov. 16, 2009

At today's Commissioners Court, Matt Shaheen asked that a comparative rent survey be presented to the court before final action was taken on the lease renewal. The court agreed and the lease approval was put on hold pending the survey.

Bill

Collin County employees are not protected by any form of civil service. Many work directly for elected department heads and judges. Those employees pretty much serve at the will of the elected official - their jobs could be called political appointments.

When their boss leaves office, they may suddenly find themselves unemployed. The lucky ones (some say the good ones) get transferred. When the boss gets a new job with the county, some employees stay put, but most either follow the boss or lose their job.

This year has seen several changes in the courts. Judge Greg Brewer, and Judge Greg Willis both resigned, Judge Ray Wheless moved
to the district court and Judge Jill Willis was appointed to a new district court.

Fallout of employees was bound to occur.

It started in September when Judge Ray Wheless was appointed to the 366th District Court. He was previously Judge of Court at Law #4. He brought his crew with him.

* Melissa Andrews County Court at Law IV, Court Coordinator transferred to 366th District Court, Court Coordinator
* Roberto Chacon County Court at Law IV, Court Officer transferred to 366th District Court, Court Officer
* Angela Coker County Court at Law IV, Court Reporter transferred to 366th District Court, Court Reporter

and the old District court staff then get transferred to the visiting judge in Court at Law #4

* Darryl Smith 366th District Court, Court Officer transferred to County Court at Law IV, Court Officer
* Joanna Smith 366th District Court, Court Coordinator transferred to County Court at Law IV, Court Coordinator
* falling out was the court reporter for the 366th District Court.

Then on November 2 the bailiffs shuffle some more:

* Rocky Stanley County Court at Law I, Court Officer transfers to Jail Operations as a Detention Officer, which is listed as a voluntary demotion with a 5% loss in pay. And,
* Darryl Smith County Court at Law IV, Court Officer moves one more time, this time to Judge Corrine Mason's County Court at Law I, Court Officer

And then on November 16, we will have round 3:

* Joanna Smith County Court at Law IV, Court Coordinator gets shuffled again, this time to Judge Jill Willis's 429th District Court, Court Coordinator and
* Darla Wright 429th District Court, Court Coordinator goes to the visiting judge at County Court at Law IV, Court Coordinator

Remember Darryl Smith? He was moved twice. The last time to Court at Law I.

He declines the transfer and so is moved a 3rd time. Now he transfers to Judge Willis's 429th District Court, Court Officer.

Ain't political appointments grand?

Bill

Veteran Plano lawmaker Brian McCall won't seek re-election

Saturday, November 14, 2009
By CHRISTY HOPPE / The Dallas Morning News


AUSTIN — Veteran Plano lawmaker Brian McCall, who was a leader of the move to depose Speaker Tom Craddick and restore a more bipartisan tenor to the Texas House, plans to announce Monday that he has decided not to seek re-election.

The surprise move comes less than one year after McCall, a Republican, obtained one of the most powerful positions in the House. As chairman of the Calendars Committee, McCall determined which bills were heard in the House and in what order, and he was credited with helping North Texas lawmakers advance the region’s priorities.

McCall, 51, said he is looking at other opportunities because it is time to try something new after 19 years in the House.

“When I took my first oath of office, Bill Clinton was the governor of Arkansas and George Bush had never run for state political office,” said McCall?, a businessman and investor.

He said when he first ran for the Legislature, he set a few simple goals, most of which he said he’s accomplished.

“The fifth one was to leave on a high note,” McCall said. “So few in politics know when to get off the stage.”

House Speaker Joe Straus praised McCall as a friend, leader and consensus builder.

“His career has been nothing short of outstanding,” said Straus, R-San Antonio. “He helped set the tone for effective governing in the House.”

In 1999, McCall was the author of a compromise tax bill that is credited with saving taxpayers $3.6 billion. The bill included the now-famous three-day sales tax holiday that precedes the start of school each fall.

The major tax cut helped launch Bush, then governor, into his campaign for president.

Before that, as a junior lawmaker, McCall was tapped by Gov. Ann Richards to carry a bill that would create a criminal penalty for stalking.

He said he recalled traveling the state to speak with sheriffs and police chiefs, and heard repeatedly that stalking is a crime that “happens in Hollywood, not in Texas.”

Regardless, he persisted in educating lawmakers about the prevalence of harassment and threats and succeeded in getting the state’s first anti-stalking bill passed.

McCall said that because he decided not to seek re-election, he is returning all the campaign contributions he raised — about $150,000 — since the legislative session ended in June.

Three years ago, McCall shocked many in his own party by announcing that he would challenge Craddick, a fellow Republican, to lead the House.

While Craddick, a staunch conservative, was revered by the right wing of the party, his strong-arm, take-no-prisoners style was resented by many members. They felt forced into unpopular votes and saw the Republican majority dwindling as a result.

McCall lost and suffered as a result; he had to struggle to pass legislation. But this year, McCall and other renegade Republicans joined with Democrats in elevating Straus into the speakership.

He said he is most proud during his tenure “that I helped restore the process of the House rules and empowered the members.”

read more at the Dallas Morning News....

The City of Plano and its Economic Development Corporation spend years stonewalling attempts by Jack Lagos, a citizen watchdog, to obtain EDC agendas, minutes and financial records.

Time and again they stall and raise appeals to the Texas Attorney General trying to keep the citizens of Plano from learning how their tax dollars are being spent. Time and again, the Texas Attorney General rules against the EDC.

They then file a restraining order against Mr. Lagos, charging him (frivolously) with making terrorist threats.

Then they go to court to try to keep him from hiring the attorney of his choice. They lose again.

Welcome to Open Government, Plano style.

Bill

==================================================

Judge will allow noted Plano attorney to fight city

Wednesday Nov 11, 2009
Theodore Kim / The Dallas Morning News Plano Blog

A Collin County district court judge will allow noted Plano attorney Howard Shapiro to represent defendant Jack Lagos in a civil case filed by the city's economic development board. The decision follows the board's efforts to disqualify Shapiro from the case because of an alleged conflict of interest.

The development involves a case in which the board and its executive director, Sally Bane, has filed a temporary restraining order against Lagos, a persistent City Hall gadfly and frequent critic of the economic board.

Bane and the board have accused Lagos of making threatening statements during a visit to the board's west Plano offices in August. Lagos, who has characterized the order as a "political witch hunt," in turn hired one of the city's most recognized attorneys to represent him: Howard Shapiro, husband of state Sen. Florence Shapiro.

Attorneys for Bane and the board had argued that Howard Shapiro could not represent Lagos because of a conflict of interest. That's because Shapiro engaged in a phone conversation with Plano Mayor Phil Dyer after the incident. (The plaintiff's attorneys argued the chat was inappropriate as Dyer, a member of the economic board, did not have his attorney present at the time.)

District Court judge Cynthia Wheless took the phone call "under advisement," but has decided not to prohibit Shapiro from representing Lagos, Shapiro said. David Ovard, an attorney for Bane and the board, did not immediately return a voicemail seeking comment.

read more on the Dallas Morning News' Plano Blog....

Just shy of the southern terminus of FM 1378, the road crosses Muddy Creek. The road winds through several sharp curves as it crosses the creek and lines up for its intersection with FM544.

The 13.5 mile creek drains parts of Lucas, St. Paul, Wylie, Sachse, and Garland before emptying into Lake Ray Hubbard.

Muddy Creek isn't much to look at. It's been dammed, channelized and now disappears into a damp woods on either side of the road. What was once a meandering creek now runs in a straight line. But a close look nearby shows the former path of this ancient waterway.

Muddy Creek is ancient. Throughout its history, the creek has periodically flooded the damp wetlands that surrounded it. Most of the flooding ended with the construction of a small reservoir on the creek in the late 1950's.

People have lived in North Texas for over 14,000 years - and for them Muddy Creek was a path through the swamps and underbrush. It was a source of fish, shellfish and water. It was a gathering spot for the animals the natives hunted. It was a place to camp, hunt and gather all sorts of food.

Yet Muddy Creek, as ancient as it is, and as changed as it is, now finds that it stands in the way of development.

Just north of the Creek, the City of Wylie is building a huge Municipal Complex that will house City Hall, the library and a recreation center. Part of the land the new complex sits on is in the flood plain of Muddy Creek.

For years, the county and the city have been trying to widen and straighten the twists and turns of FM 1378 near the creek. In 2003, the citizens of Collin County approved a bond issue that, in part, promised to widen the state road. In the 6 years since the bond passed little has been done to widen the road. Muddy Creek's past stood in the way.

The Texas Department of Transportation owns the Farm to Market roads in Texas, but they could not seem to find the funds to finish planning for FM 1378. Earlier this year, TxDOT finally threw in the towel and ceded the road to the City of Wylie. Now Wylie, with financial assistance from county bonds and from the toll revenue from SH 121 will complete the work needed to straighten and widen FM1378.

Money wasn't the only delay, however. Muddy Creek and its ancient past have for several years virtually stopped any road construction.

Long before the farm road was there, long before Wylie was here, long before any white man had ever thought of a New World, Muddy Creek was there and it was home to a people who used it as a hunting and fishing camp.

In 2006, six feet under the banks of the old creek bed and in the path of the new highway, archeologists working for TxDOT found "a significant" Caddo Indian site. They named it 41COL172. Since no structures have been located, 41COL172 appears to be a camp used by the Caddoans around 1200 to 1300 A.D. and perhaps as early as 1000 A.D. Only 3% of the site has been excavated in 2 digs since 2006. Yet even those small excavations yielded enough artifacts for 41COL172 to be eligible for inclusion in the National register of Historic Places.

Caddo communities spanned the southern forests from the Mississippi river to East Texas. They built huge earthen mounds near their largest villages. Atop these mounds they worshiped their gods. They were primarily farmers. They lived in bee hive shaped huts near their fields of corn, pumpkins and vegetables. Occasionally however, members of the community would leave their farms for hunting trips on the prairie.

Few Caddos lived on that long-gone prairie that is now Collin County. Did the Muddy Creek hunters come from small bands that lived on the Trinity River, or from the larger Caddoan communities in East Texas? A small piece of painted pottery excavated at 41COL172 may hold the key to help archeologists figure out where these hunters lived.

Hundreds of bits of animal bones were found at the Muddy Creek excavation. Bones from buffalo and from white tailed deer testified to the success of the hunting. Also discovered were mussel shells, arrow heads, and pieces of stone tools.

TxDOT's report notes that, "Site 41COL172 has the unique ability to address multiple questions about this time period because of the... excellent preservation... Given that the site will be directly impacted by proposed construction of FM 1378, it is recommended that the loss of the site be mitigated through additional data recovery efforts."

Mitigation. The city and county plan to hire Geo-Marine Services of Plano to conduct excavations to remove and catalog all artifacts that would be lost by construction of the highway. Archeologists will then catalog their finds and create a display that will be used for the education of students and the Wylie public.

The mitigation will cost $248,000. The City of Wylie and Collin County will split the costs. Most of the funds will come from county bonds and from the SH 121 tollway agreement.

The ancient history of our region lies mostly underground. As we develop the county, we will find other prehistoric sites, maybe not as well preserved as 41COL172, but one or two maybe even be grander. Most, like the portion of 41COL172 will be forever destroyed by our modern need for growth and progress.

At some point however, we as a society will feel the need need to look around us for our past. Will we have "mitigated" all of it? Will we turn all of our heritage into neat display cases?

Much of the Muddy Creek hunting camp will be undisturbed by the construction of FM 1378. It should remain that way until some time in the future, when researchers will want to dig again - seeking clues to our understanding of our own past.

Bill

======================================

NOTES:

National Register Eligibility Assessment of Archeological Sites 41COL172 and 41COL173, Collin County Texas, Geo-Marine Inc. for the Texas Department of Transportation, November, 2007

Pages from the Wylie City Council packet, October 13, 2009

Pages from the Collin County Commissioners Court packet, November 9, 2009

SEX

The Dallas Morning News writes that some parents in North Texas are questioning their local schools' policies of teaching only abstinence in sex ed.

In the article, titled "Texas sex educators take tentative steps beyond abstinence" the DMN's Jessica Meyers wrote that one parent at a recent McKinney school district's curriculum information night was frustrated that she couldn't even find the word 'condom' in the glossary of the district's health ed textbook.

New state laws require now that local school districts include parents and community members in the decision making process of setting up sex education curricula. The News article notes that, "A newly amended law requires that districts spell out their human sexuality curriculum to parents. It also stipulates that school health advisory councils meet four times a year and consist of at least five members, a majority of whom are parents."

As far as I know, all Collin County school districts teach a draconian brand of abstinence that research proves doesn't work.

The article notes that, "Texas is regularly singled out for its clashing statistics. More government money is spent on abstinence education here than any other state, but Texas leads the country in the percentage of teen mothers who've given birth more than once. It has the country's third-highest teen birth rate.", and then goes on to quote a Frisco High School junior as saying, "They just kind of say, 'Don't do it,'... "And then before prom, they say, 'Don't go to Motel 6.' "

# # #

GOD

Don McLeroy has been on the Texas State Board of Education (SBOE) since he was first elected to the Board in 1998. He has been a staunch opponent of teaching evolution and has led many of the SBOE's more far right efforts to restate science, english language and social studies curricula to a more fundamentalist christian cant. He represents District 9 which includes a large part of Collin County.

McLeroy, a dentist from Bryan, does not have a campaign website that I can find. He does, however, maintain a site titled "A Little Clear Thinking About Texas Public Schools" where he explains his philosophy of education.

Last year, Gov. Perry nominated McLeroy to be the chair of the SBOE, but the nomination was defeated in the Texas Senate.

The Plano Star Courier writes that the son of former LT. Governor Bill Ratliff has announced that he will run against McLeroy in the GOP primary. Lobbyist Thomas Ratliff hails from Mount Pleasant.

The Plano Star Courier article quotes Ratliff saying, “My opponent has shown time and again that he wants to work for public education by telling teachers and education professionals that he knows better than they do what public education needs,” he said. “I simply do not agree with this approach or belief.”

“I want to work with the folks that have been there and know what they need from the State Board of Education,” he said. “I believe in public schools and trust those involved in our public schools to know what is best for our children’s education.”

On his campaign website, Ratliff explains why he is running against McLeroy, "I am running for the SBOE because I want to work for public education by asking what I can do that will help. My opponent has shown time and again that he wants to work for public education by telling teachers and education professionals that he knows better than they do what public education needs. I simply do not agree with this approach or belief."

The race for SBOE, District 9 will mirror many of our local races in Collin County that highlight the schisms within the local GOP between moderate conservatives and the new far-right conservative movement.

# # #

MONEY

The Plano Downtown Development Fund is flush with cash, reports Theodore Kim, Matthew Haag, and Valerie Wigglesworth in today's Dallas Morning News.

The fund is fueled with property taxes from the downtown businesses and was expected to bring in about $25 million, according to the article. However, because of rising property values, the fund could find itself with $43 million at the end of its life in 2014.

What to do with all that money?

Some $16 million has already been spent on downtown development projects, like the "Courtyard Theater and a multiuse school facility known as the Cox Building".

Now the city want to spend the remainder in consolidating property for development, and the PISD wants some of it to fund an $11.5 million reconstruction of Mendenhall Elementary School, which is just north of downtown and is the city's oldest elementary school.

Aging older schools in east Plano that primarily serve low income, minority students is a major issue in PISD and is a main driver in the district's attempts at redrawing attendance zones in east Plano.

# # #

COLLEGE

This afternoon, Collin College and 5 area universities signed an agreement to open the Collin Higher Education Center.

The Center will be located in the new Collin College Administrative Campus being built at the intersection of SH121 and central Expressway. The Center is scheduled to open in January of 2010.

At the Center, students will be able to complete junior- and senior-level college classes and master and doctoral programs offered by Dallas Baptist University, Texas A&M University-Commerce, Texas Woman’s University, The University of Texas at Dallas, and the University of North Texas. The CHEC fills a major gap in Collin County which has no 4 year university.

Dr. Cary Israel, the president of Collin College pointed out that the CHEC will offer convenience to area students and will "save thousands and thousands of gallons of gasoline" with students able to pursue their studies locally.

And speaking of Collin College, last Friday night, the College hosted its "Living Legends" award ceremony at the new library on the Central Park Campus. The Living Legends program honors citizens whose dedication to education have made an extraordinary difference in the county.

The College honored 4 new Legends. for the first time, the College honored a company and a group of citizens. The 2009 Living Legends are, The Baylor Regional Medical Center at Plano, the Citizens of McKinney, Texas, Plano attorney David McCall, and Frisco ISD superintendent Dr. Rick Reedy.

Collin College is celebrating its Silver Anniversary this year. It also is celebrating the naming of its 25th Living Legend. As part of ensuring a lasting legacy of the Living Legends, a naming opportunity has been established with a goal of raising $250,000 to name a room that recognizes the Legends on one of the campuses. More than $100,000 has been raised to date. Photographs and profiles will be displayed near the naming site so their legacy will be a lasting memory.

Bill

Readers of the Collin County Observer will remember that in June of last year, the Collin County commissioners forced Justin Nichols, their Teen Court Coordinator, to resign after it became public knowledge that he was gay.

Mr. Nichols is now in law school, and is now the immediate past president of the Teen Court Association of Texas. Last week, the Teen Court Association held its annual conference in Dallas. Out of that conference came the following press release detailing the unanimous passage of an amendment to its bylaws prohibiting discrimination on the basis of age, race, religion, gender, disability, veteran status, national origin, or sexual orientation.

In a letter to me, Nichols described the amendment as, "This is a personal victory, and also a victory for the hundreds of volunteers, coordinators, and defendants who participate in the program across the state."

Bill

==================================

November 4, 2009
FOR IMMEDIATE RELEASE

Contact: Justin Nichols

TEEN COURT ASSOCIATION OF TEXAS BECOMES FIRST TEXAS LAW-RELATED ORGANIZATION TO EXPAND NON-DISCRIMINATION POLICY

The Teen Court Association of Texas (TCAT) has approved amendments to its bylaws to include prohibitions against discrimination on the basis of age, race, religion, gender, disability, veteran status, national origin, or sexual orientation. TCAT is holding its annual conference from November 3-6, 2009, in Dallas, Texas.

There are many organizations in Texas which represent courthouse and law-enforcement employees including police officers, sheriffs and constables, various levels of judges, court clerks, and probation officers. But, TCAT is the first to explicitly prohibit discrimination on such an expansive basis – even beyond what the law requires.

Teen Court is a program in which juveniles who commit misdemeanor offenses have their case argued by teen attorneys and their punishment assessed by teen jurors. There are nearly 100 Teen Court programs across Texas which rely on adult and teen volunteers to try cases.

TCAT president, Justin Nichols, said of the action, “Teen Courts are in the business of working to make a positive impact in the community. This move formalizes our organization’s position that no one, whether it be court coordinators or volunteers, should be discriminated against on any basis. Our association is now in line with Texas’ major universities and largest non-profit organizations, and we’re proud to be at the forefront of opening the justice system up to everyone.”

TCAT was founded in 1991 and meets works to effectively combat juvenile delinquency and involve Texas teens in the justice system in a positive, constructive environment.

###

More Collin County candidates facing primary challengers

Sunday, November 8, 2009
By ED HOUSEWRIGHT / The Dallas Morning News

Collin County Judge Keith Self bucked the political establishment in 2006, defeating longtime incumbent Ron Harris.

Now Self faces a prominent challenger from a well-connected family.

Plano school trustee John Muns, a real estate developer, wants to unseat Self in the Republican primary in the spring. Muns' father, James Muns, served as Plano mayor from 1992 to 1996. His mother, Betty Muns, sits on the Arts of Collin County Commission.

The Self-Muns face-off tops a long list of contested Collin County races in the March 2 GOP primary. Besides commissioners court, the races include district attorney, district clerk and several judgeships.

Muns, 49, said he would seek to build coalitions between county government and other entities.

"I try to come up with solutions that are a win-win for both sides," said Muns, who has been on the Plano school board for 16 years.

Self, 56, said he has helped lower the county property-tax rate, limit spending and make government more transparent.

"This is a great year to be running as a fiscal conservative, in an era of uncertainty and overreach by the federal government," said Self, who heads the commissioners court.

Self is viewed as representing a new, more conservative wing of the local GOP. Some identify Muns as part of the moderate bloc that has long dominated the party.

In the past, Collin County incumbents often drew no opponents. But with the county's explosive growth, more candidates are emerging.

Republicans still hold all county offices, but Democrats probably will field several candidates, said Shawn Stevens, county Democratic Party chairman.

Two of the four county commissioners are also up for re-election next year, and both face challengers.

Kathy Ward, who has held office for 16 months, faces lawyer Duncan Webb. She was appointed commissioner in July 2008 after the death of longtime commissioner Jack Hatchell. She won election in November 2008 to finish the unexpired term.

Ward represents Precinct 4, which includes west Plano.

"I will continue to work hard for the taxpayers, and I believe that message will resonate," said Ward, a former county GOP chairwoman.

Webb, like Muns, is a longtime Plano school board member.

"I have a lot stronger background and a lot more experience related to business, legal aspects and running a large public entity," Webb said.

In the other contested commissioners race, 29-year incumbent Jerry Hoagland is being challenged by Karl Voigtsberger and Cheryl Williams.

Hoagland said his accomplishments include helping form the Collin County Community College District, consolidating county offices in north McKinney? and bringing Pizza Hut Park to Frisco.

"The growth of Collin County has certainly challenged me and, I think, anybody who has sat on commissioners court," Hoagland said.

Voigtsberger and Williams both say it's time for a change in Precinct 2, which includes east Plano, Murphy and Wylie. Voigtsberger, a former engineer, ran unsuccessfully for county tax assessor-collector in 2008.

"My experience as an engineer in the computer manufacturing sector has equipped me with a mindset that makes logical decisions based on the facts," he said.

Williams served on the Plano City Council from 1995 to 1999. She owns a management and accounting consulting firm.

She said she would improve the county's economic development efforts and transportation planning.

"Over the last several years, I have heard growing concerns expressed about Collin County government," Williams said.

link to article at The Dallas Morning News....

In his continuing series of profiles of the judicial races, Frisco's DWI Attorney, Hunter Biederman takes a look at the candidates in the race for Court at Law #4.

His original article can be read on his blog, The Frisco DWI Attorney & Lawyer Blog.

Bill

==================================

The Race For Collin County Court Four

Posted on November 8, 2009 by Hunter Biederman
The Frisco DWI Attorney & Lawyer Blog

Recently, the former judge of County Court Four, Judge Ray Wheless was appointed to the 366th District Court. This leaves an open court. I have heard of many names that may be running for the open seat. As with before, I am only profiling those candidates who have either directly told me they are running, or have a campaign website up. If you are running for this bench and would like to be added here, please let me know and I will add you.

LINDA WYNN DRAIN

Linda Wynn Drain is a currently in private practice as founding partner of Nolte, Drain & Rosenthal, PLLC in McKinney. Her experience includes experience includes criminal, civil, family, juvenile, personal injury, and wills & probate law. Mrs. Drain served as an Assistant Criminal District Attorney and Felony Prosecutor for Collin County’s District Attorney’s Office. She is also a founding Member of Collin County Bench Bar Foundation.

Mrs. Drain “believes in the conservative principles of personal responsibility and strict interpretation of the law. Managing a fiscally responsible court docket is a function of applying these principles. Accomplishing these common sense goals will serve every citizen in Court 4 and every taxpayer of Collin County.”

More about Mrs. Drain’s experience and plans for the bench can be found on her campaign website at www.lindawynndrainforjudge.com.

DALE ROSE

Dale Rose was a criminal prosecutor in Dallas County and has represented both plaintiffs and defendants in civil cases. His first career was as a police officer for the City of Garland where he was the youngest candidate ever accepted. He worked in that capacity for 6 years, before beginning his second career as an attorney.

“Shortly after my graduation from law school, I knew that I wanted to be a Judge sometime in my legal career. Knowing that the Collin County Court's at Law are "general jurisdiction" courts (hear both civil and criminal cases), I knew that I would need a lot of trial experience from both the criminal law and the civil law side. Based on this, in my 17 years as a lawyer, I have tried over one hundred thirty (130) jury trials in both criminal and civil litigation.”

Mr. Rose is a former President, Vice President and Secretary of Collin County Bar Association. More information about Mr. Rose’s experience and plans for the bench can be found on his campaign website at www.roseforjudge.org.

Hunter Biederman is a DWI / Criminal Defense Attorney in Collin County. He publishes his blog (www.friscodwilawyer.com) which focuses on the Collin County and Texas legal system. He can be reached at friscolaw@gmail.com or (888) DWI-FRISCO.

Bill adds another candidate he just learned about:

CHRYSTI BRYANT

Chrysti Bryant is a graduate of the Texas Wesleyan University School of Law. Chrysti served as a member of the Law Review. While in law school, she worked as an intern with the Tarrant County District Attorney’s Office, Appellate Section.

Her campaign web site describes her as, "a civil trial attorney who has distinguished herself by defending those who have been targeted by personal injury lawsuits. She has been involved in numerous cases ranging from minor automobile accidents to complex multi-party litigation. Chrysti previously worked alongside law enforcement as an attorney with the Texas Department of Public Safety suspending the driver’s licenses of drunk drivers."

She describes her judicial philosophy as, "strictly applying the law to the facts of each case and will not legislate from the bench." She then states that, "Anyone who appears before her will receive a full opportunity to present their case. However, frivolous lawsuits will not be tolerated."

Ms. Bryant formerly volunteered with the City of Plano Teen Court program and Legal Aid of Northwest Texas. She is an active member of Faith Church of Plano and works with its youth ministry and small group ministry.

Bill

Other articles in this series by Hunter Biederman:

The Race for Collin County Court at Law Two

The Race for Collin County Court at Law Four

The Race for Collin County Court at Law Six

The Race for Collin County's 219th District Court

Collin County District Attorney Race Heating Up

The Dallas Morning News' Plano Blog has been covering the continuing debate over drawing school boundary lines in east Plano. The trustees are faced with difficult decisions, and they know the parents are watching.

Presently, McKinney ISD buses middle school students in order to balance the demographic makeup of its schools. Plano trustees are trying to balance the socio-economic disparity that exists between older schools in inner East Plano and the newer schools in more affluent suburban neighborhoods.

The DMN's Matthew Haag wrote a very nice piece in the Plano Blog yesterday describing the latest idea for achieving balance while still maintaining the concept of neighborhood schools.

Bill

=======================================

Plano ISD reforms: Trustees look into magnets

Thursday, Nov 05, 2009
Matthew Haag/Reporter / The Dallas Morning News

Plano ISD trustees weighing whether socioeconomic factors should be used in drawing school boundaries spent more time this morning on another topic: magnet schools.

Trustee Missy Bender said Plano ISD is at a crossroads. Student enrollment has mostly plateaued, she said, but pockets of Plano have seen aging housing and an influx of ethnic and socioeconomic diversity. At schools in those areas, Plano ISD has focused on putting the right set of principals, while also adding needed resources.

That system has worked so far, but Bender and other trustees wondered if Plano ISD could reach a point where doing only that isn't enough to address students' academic needs. So, Bender told fellow trustees John Muns and Duncan Webb, she thinks Plano ISD has three options in drawing the school boundaries.

"This is a defining moment for the district," she said. "I don't think there is a silver-bullet answer."

She said that the district can stay the course, where Plano ISD has tried to assign students to nearby schools. But the overall goal has always been to make sure enrollment figures across Plano's schools are balanced, she said.

The second option, she told the trustees, is to keep the current system but add a magnet school that parents could choose to send their children to. This model has been used at Richardson High School. Students who live nearby go to Richardson High School, but it also offers magnet courses that attract students from across Richardson ISD.

Under that system, such a hybrid magnet school would attract high-achieving students and blend them with students who live in the neighborhood. But trustees wondered if that type of magnet school could work in Plano ISD. Richardson High School has four grade levels, while Plano, of course, has high schools and senior high schools.

"Our system isn't setup like that," Webb said.

But Bender said that Plano ISD could try to perfect this magnet model. If it's done right, she said, it could become an example of what other districts should follow.

"We always talk about doing less traditional things," Bender said. "We have a chance to take that further."

Muns added that Plano would have to make sure there's a demand for this type of school. Attendance would likely be voluntary, so would children show up to specialize in automotive repair, engineering or music, Muns asked.

A third option for drawing the boundaries is to do them based on socioeconomic factors. Mari McGowan, an attorney for Plano ISD, told trustees that the district shouldn't draw such a boundary in just one part of town.

McGowan? said those boundaries would have apply across the district.

"A uniform process is always advisable," McGowan? said.

Webb said he thought those boundaries could cause excess transportation costs and additional busing to ensure diverse students are spread among the district's schools.

The board members then explained three magnet school options they had researched. In Coppell, the district started New Tech High, a school where student learning is driven by projects. (The DMN's Katherine Leal Unmuth wrote about the school last April.)

"It was incredibly exciting," Muns said.

Trustees and deputy superintendent Danny Modisette said the New Tech High model is based on only having 400 to 500 students. Plano high schools, however, enroll thousands of students. But Modisette said that the company that provides the curriculum, training of teachers and model for New Tech High is looking to bring the concept to a bigger schools.

The next magnet opportunity discussed was the one at Richardson High School, where students can specialize in anything from communications to science. As I wrote earlier, the school is also attended by children who live nearby.

The last magnet model discussed was one recently implemented in Spring ISD near Houston. The district started Wunsche High, a school focused on providing numerous career paths students can follow. The school doesn't look like one from outside. It looks much more like a professional office building, and that's on purpose.

At Wunsche, for example, a student would take medical courses there but go back to his/her home school for extracurricular activities or math and English. Bender said the school has generated a lot of energy in that district and has been full since it started three years ago.

The trustees seemed excited about at least looking into the possibility of adding a magnet school in Plano ISD, so I would expect them to further discuss the idea in future meetings.

"There is no one best way to do it," Bender said.

The trustees then closed the open portion of the meeting to discuss the boundary changes with McGown?, the attorney. Trustees aren't expected to vote on the boundary changes until December.

link to post on the Dallas Morning News' Plano blog.....

In his continuing series of profiles of the judicial races, Frisco's DWI Attorney, Hunter Biederman takes a look at the candidates in the race for Court at Law #2.

His original article can be read on his blog, The Frisco DWI Attorney & Lawyer Blog.

Bill

=============================================

The Race For Collin County Court Two

Posted on November 5, 2009 by Hunter Biederman
The Frisco DWI Attorney & Lawyer Blog

I was informed today that long time sitting judge, Judge Jerry Lewis of Collin County Court Two has drawn an opponent, Sharon Ramage. I spoke with Sharon today who is going to email me some information about her campaign and a photo. However, I am impatient and pulled stuff from her website. I will update as needed. . . .

Considering there are several other open benches, most attorneys in the area were surprised at the news. But it does makes some sense considering each of the open benches have already garnered several candidates. See other posts on County Court 3, County Court 6, and District Court 219th.

Below are the candidates for the race:

JERRY LEWIS

Judge Lewis is the current sitting judge in County Court Two for over 20 years. I pulled his information from a facebook page created on his behalf.

Judge Lewis was first elected in 1986 and has presided over 22,000 cases. Judge Lewis is a former First Assistant District Attorney for Collin County and has ten years experience as a prosecuting attorney. He has served two terms as the Local Administrative Judge, of his fellow Court at Law Judges.

Judge Lewis is a military veteran, with 4 years active duty in the United States Army as a Captain and 5 more in the Reserves. He has been a Boy Scout leader for over 25 years and was awarded the Silver Beaver Award in 2004 - the highest adult honor given by the local Circle Ten Council.

Based on his facebook page, he will have a campaign website up soon: www.judgejerrylewis.com

SHARON RAMAGE

Sharon Ramage has been licensed to practice law since 1992. As a former social worker, Ms. Ramage has practiced law in many areas specific to protecting children since that time. From 1992-1997, Sharon served as an Assistant Criminal District Attorney in Tarrant County, and was assigned to the Crimes Against Children Division from 1995-1997.

After resigning from the District Attorney’s Office, Ms. Ramage opened a private practice in Tarrant County, where she practiced special education law and family law. Since 2000, Ms. Ramage has worked in private practice in Collin County, primarily in the area of family law and adoption. Since 2003, she has also served as a Special Education Hearing Officer and Mediator for the Texas Education Agency, conducing special education due process hearings and mediating disputes between schools and parents.

Sharon is married and the mother of two children adopted from China.

Hunter Biederman is a DWI / Criminal Defense Attorney in Collin County. He publishes his blog (www.friscodwilawyer.com) which focuses on the Collin County and Texas legal system. He can be reached at friscolaw@gmail.com or (888) DWI-FRISCO.

=============================================

Bill comments:

Until today, I've been somewhat surprised that it didn't look like Judge Jerry Lewis would face any opposition for the County Court at Law #2 bench.

In both the 2007 and 2005 Collin County Bar Polls Judge Lewis has been rated by local attorneys as the second worse judge in the county.

In 2005 the judge who rated the lowest in "How would you describe this judge's overall performance?" was John O'Keefe Barry in the Count Court at Law #3. Only 13% of the lawyers rated him as "excellent", while 50% voted for "needs improvement.

Judge Lewis fared only slightly better than Barry, with 14% rating him as "excellent and 45% saying he "needed improvement.

In the last bar poll, taken in 2007, Judge Charles Sandoval was awarded the dubious honor of Worst Judge in Collin County. His overall performance was rated "excellent" by only 12% of the lawyers polled, while 29% said he "needed improvement. The next year, Sandoval's re-election bid in the primary was thwarted by Suzanne Wooten.

Once again, Judge Jerry Lewis took 2nd from the bottom billing, with 18% rating his performance as excellent and 32% voting that he 'needed improvement".

The 2009 Bar Poll has not yet taken place. Normally the poll is done in November in election years, and the results are published in December.

Bill

From a campaign press release:

PRESS RELEASE

Former Plano City Councilmember, Cheryl Williams, announced her intention to run in the March 2, 2010 Republican Primary for Collin County Commissioner, Precinct 2, “I am excited to announce my candidacy for Collin County Commissioner, Precinct 2. I have a proven record of leadership, community service and results. While on the Plano City council, I was committed to revitalization in east Plano, re-development in downtown, and economic development that created good jobs. I was also a strong advocate of sound fiscal policies that resulted in lower tax rates.”

Ms. Williams was elected, at large, as the first district representative to eastern Plano. She served during a time of dynamic growth in Plano, which included significant infrastructure investment, corporate relocations, commercial and residential development as well as the implementation of a growth and revitalization program for eastern Plano. Ms. Williams served as Mayor Pro Tem and Deputy Mayor Pro Tem, was the council’s representative on the Plano Economic Development Board and East Plano Development Task Force. She was also the council liaison to a number of Boards and Commissions including the Planning and Zoning Commission, Heritage Commission,……. Ms. Williams now lives in Richardson and has been working as an accounting and land use consultant since leaving office.

When asked why she wants to return to public service, Ms. Williams responded, “Over the last several years I have heard growing concerns expressed about Collin County government including the need to support economic development initiatives, maintain critical relationships with other governing entities, and plan for and adequately fund our future transportation needs. In addition, the county is facing new challenges – growth is slowing in some of our cities which will result in lower tax revenues from those communities; our economy remains uncertain; and our state and federal governments continue to shift costs and responsibilities to our county. These new and difficult challenges require innovative and creative solutions from the Commissioner’s Court. It has become clear that we need new leadership to proactively shape the future of Collin County.”

As County Commissioner, Cheryl Williams wants to promote economic development and business expansion to create well-paying jobs, build better relationships between cities, towns, school districts and the county, improve county services for citizens and accessibility to elected officials, and expend tax payer dollars in a judicious and transparent manner.

# # #

Her campaign web site is at www.votecherylwilliams.com

Hunter Biederman, aka The Frisco DWI Attorney has once again written a great preview of another Collin County judicial race. His original article can be read on his blog, The Frisco DWI Attorney & Lawyer Blog.

Bill

====================================

The Race For Collin County Court Six

Posted on November 3, 2009 by Hunter Biederman
The Frisco DWI Attorney & Lawyer Blog

Recently, Judge Greg Willis stepped down from his Collin County Court Six bench to pursue a run for Collin County District Attorney. Several attorneys have announced a run for his former bench. I have heard many names thrown out as possible candidates. I am including only those who have personally told me they are running, or anyone that has a campaign website up. If you are planning on running for this court, contact me and I will add you to this article.

SHAWN ISMAIL

Mr. Ismail established a general practice in Plano doing primarily litigation, criminal defense and immigration law. He handles matters ranging from consumer protection and business litigation to misdemeanor and felony criminal trials.

Mr. Ismail has been active in the legal community as President of the Plano Bar Association, Frisco Bar Association, Collin County Young Lawyers Association and am currently a director of the Collin County Bar Association.

Mr. Ismail believes that “without access to the Courts, the administration of Justice is weakened for all. At the same time, access to the Courts is also dependent on Judges grasping a wide range of legal issues as well as being aware of sound public policy. A Judge must at all times be conscientious of who they serve.”

Mr. Ismail has a website, www.ismailforjudge.com which details his experience and plans for the bench.

TERRI GREEN

Terri Green is in private practice in Plano. According to her website, she handles Family Law; Civil Litigation; Probate Litigation; Wills, Trust and Estate Planning; Criminal Defense Counsel (Misdemeanors); and Teen Court Judge (Misdemeanors).

Her civic involvement includes work with the Junior League of Plano, Collin County Bar Association, Frisco Bar Association, Frisco Rotary and Preston Trails Community Church. She’s also involved in the Collin County Republican Party and has served as a grand jury commissioner and on the board for the Frisco Chamber of Commerce.

Mrs. Green believes she “will be an asset to the county and help the county ease up the court dockets, Green said. With my qualifications and background I will easily be able to step on the bench and administer justice at the county courthouse without any training or supervision. I will immediately be able to alleviate overcrowding.”

Mrs. Green has a website, www.terrigreenforjudge.com which details her experience and plans for the bench.

JAY BENDER

Jay Bender is a current private practice attorney and a former Assistant District Attorney who worked in both Collin County and Dallas County. Mr. Bender spent 8 years in the US Navy serving his country.

Mr. Bender had a website up, www.benderforjudge.com, although at recent glance, it looks like it is going through some construction. Once is back up, i will include more information about his plans for the bench.

Hunter Biederman is a DWI / Criminal Defense Attorney in Collin County. He publishes his blog (www.friscodwilawyer.com) which focuses on the Collin County and Texas legal system. He can be reached at friscolaw@gmail.com or (888) DWI-FRISCO.

========================================

Bill comments,
I will add:

DON H. HIGH

Don High is a Plano resident since 1989 and municipal prosecutor for the City of Wylie since 1995.

He earned his law degree from Baylor Law School, and began his career as a tax accountant with Price Waterhouse and Company in New York. He is currently in private practice, handling all aspects of legal representation. He is a Board-Certified Criminal Law Specialist and his experience includes stints with the Collin County District Attorney and practicing private law with the firm of Grubbs, High, Goeller, and Associates. Since 2002, High has operated a general law practice in Dallas and Collin Counties as the Law Offices of Don High.

He is a 2007 graduate of Leadership Plano. He has also served on the board for Live from Plano as its treasurer, and has performed in the show for many years.

In a speech to supporters, High introduced his campaign theme, “It’s High Time”, and pointed out the level of criminal law experience required to effectively serve on the bench, noting that over 80% of the County Court’s business is criminal law.

More information about High’s experience and campaign platform is available at www.donhigh.com.

Bill

From the McKinney Chamber of Commerce:

Veterans Day Ceremony at future site of Veterans Memorial Park

The City of McKinney will honor all veterans with an emphasis on those from Collin County at a ceremony at 1 p.m. on Saturday, Nov. 7 at the site of the Veterans Memorial Park in McKinney, 6053 Weiskopf Ave. The event will be a full celebration of all military personnel who have served and are currently serving our country. The service is on Weiskopf Ave. south of Collin McKinney Parkway and the Tournament Players Golf Course Clubhouse in Craig Ranch.

New to the ceremony this year is the Community Covenant presentation, designed to develop and foster continued support of military personnel and their families, both at current duty station and as they transfer from state to state. The program, originated with the Army but extending to all military branches, is tailored at the local level and brought to McKinney by Congressmen Sam Johnson and Ralph Hall, Mayor Brian Loughmiller and Collin County Judge Keith Self.

“McKinney is extremely proud of our hometown heroes who we are memorializing in the future Veterans Memorial Park, those who are serving now, and those who have joined or returned to our community after their service has ended. The Community Covenant and the ceremony on Veterans Day underline our appreciation for the priceless service military personnel give to all of us,” said McKinney Mayor Brian Loughmiller.

The Veterans Memorial Park in McKinney will honor all veterans and memorialize those who lost their lives from Collin County by engraving their names on a wall to be built at the park. The McKinney Armed Services Memorial Board has raised a total of $720,500 to build the park, including a $350,000 donation from the McKinney? Community Development Corporation. The estimated cost of the project is $1.1 million.

Ronnie Foster, a Marine Corps Vietnam veteran from McKinney and McKinney Armed Services Memorial Board member, also will address the crowd at the Veterans Day Ceremony. Foster generated interest to build the park by gathering names of Collin County veterans who never returned home from wars overseas. So far, 322 names of Collin County residents who died in the service of their country have been confirmed.

To start the ceremony, the McKinney North High School Choir will perform the Battle Hymn of the Republic and God Bless America. The McKinney Fire Department Honor Guard and the Pipes and Drums unit will present the colors. A fly-over in the Missing Man formation by four AT-6 aircraft out of Aero Country Airport in McKinney will end the program.

For more information about how to donate to the memorial, submit a name for the wall or to purchase a brick paver, visit www.mckinneytexas.org.

From a campaign press release:

PRESS RELEASE

FOR IMMEDIATE RELEASE: HIGH ANNOUNCES CANDIDACY FOR COUNTY COURT BENCH

DATE: NOVEMBER 3, 2009

Plano attorney Don N. High announced his candidacy for Judge of County Court at Law #6 during a campaign kick-off party October 22. McKinney attorney Rick Robertson introduced High, saying, “I have known Don for the past 20 years, and I am very pleased and proud that he has chosen to be a candidate for the bench. Collin County has a great need for qualified people, and Don has participated in the legal process from so many different perspectives – as a DA, in private practice, and as an active member of the Collin County Bar Association. Judges have an enormous amount of power over people’s everyday lives. Don has consistently shown a commitment to helping parties get their conflicts resolved with the least amount of expense.”

A Plano resident since 1989 and municipal prosecutor for the City of Wylie since 1995, High has extensive experience in both law and political activism. After receiving his B.B.A. in accounting and finance from Baylor University and his law degree from Baylor Law School, he began his career as a tax accountant with Price Waterhouse and Company in New York. He passed the State Bar of Texas in 1985 and the New York State Bar in 1987 and is currently in private practice, handling all aspects of legal representation. His additional experience includes serving as Collin County District Attorney from 1988 through 1993 and practicing private law with the firm of Grubbs, High, Goeller, and Associates from 1993 through 2002. Since 2002, High has operated a general law practice in Dallas and Collin Counties as the Law Offices of Don High.

His political involvement includes serving as a Precinct Chair of the Collin County Republican Party, VP of Membership for the Collin County Republican Men’s Club, and as a party delegate to state and county conventions, in addition to his work on various local, state, and national campaigns.

He is also a 2007 graduate of Leadership Plano, a community leadership development program sponsored by the Plano Chamber of Commerce. He has also served on the board for Live from Plano as its treasurer, and has performed in the show for many years.

In his speech to supporters, High introduced his campaign theme, “It’s High Time”, and pointed out the level of criminal law experience required to effectively serve on the bench, noting that over 80% of the County Court’s business is criminal law. Since 1991, High has been a Board-Certified Criminal Law Specialist and even has experience in defending a death penalty case. He has tried over 1,000 cases in his career, either as prosecution or defense – including over 300 jury trials and over 700 bench trials.

"I am pleased to announce my candidacy for County Court at Law #6, a bench that was previously occupied by Greg Willis. I am uniquely qualified to serve as judge in this Court, as I have practiced law for over twenty years, am board certified in criminal law, and thus have the experience, qualifications and temperament to ably serve the citizens of Collin County", said High.

High’s former partner mentioned another important judicial characteristic, saying “The number one thing to consider is whether a lawyer’s moral compass is pointing true north. Don’s soul is right, and that’s what we need in our judges. He is definitely running for all the right reasons.”

Campaign Manager Kay Baird added, “Collin County has had an outstanding judiciary and it is important that we retain that quality. Don’s candidacy will ensure that this level of competence will continue. He will be a proud addition to the court.”

The County Court of Law elections will be held on March 2, 2010. More information about High’s experience and campaign platform is available at www.donhigh.com.

# # #

Election results - November 3, 2009

In another stunning repudiation of the leadership of the Wylie ISD, Wylie voters defeated 2 of the 3 bond propositions the School Board had deemed as essential.

The $77 million dollar issue was a trimmed down version of the bond propositions that voters have turned down twice in the last year. The failure of this, the third attempt by the Board to pass needed bonds, calls into serious doubt the ability of the present Board of Trustees to lead the WISD into the 21st century.

Turnout was 4,414 or 16.5%, which was over twice the 7.5% turnout in the rest of the county that was only voting on 11 constitutional amendments.

Proposition 1 - "THE ISSUANCE OF $7,775,000 OF BONDS FOR INFRASTRUCTURE FOR FIBER OPTIC AND SECURITY UPGRADES AT ALL CAMPUSES AND IMPROVEMENTS TO THE WYLIE STADIUMS".

FAILED
1,912 (43.66%) For
2,467 (56.34%) Against

Proposition 2 - "THE ISSUANCE OF $24,940,000 OF BONDS FOR ADDITIONS AND RENOVATIONS TO BURNETT JUNIOR HIGH SCHOOL, HARRISON INTERMEDIATE SCHOOL, HARTMAN, BIRMINGHAM AND AKIN ELEMENTARY SCHOOLS AND THE CONSTRUCTION OF ACHIEVE ACADEMY"

PASSED
2,258 (51.53%) For
2,124 (48.47%) Against

Proposition 3 - "THE ISSUANCE OF $44,250,000 OF BONDS FOR ADDITIONS, CONVERSIONS AND ATHLETIC IMPROVEMENTS TO WYLIE EAST HIGH SCHOOL AND ADDITIONS, RENOVATIONS, INFRASTRUCTURE UPGRADES AND ATHLETIC IMPROVEMENTS AT WYLIE HIGH SCHOOL"

FAILED
1,843 (42.08%) For
2,537 (57.92%) Against

In Farmersville, the local option for off-premise beer and wine passed. With a 27% turnout, the result was:

PASSED
245 (54.57%) For
204 (45.43%) Against

All 11 constitutional amendments passed.

Bill

Texas clinic: Headscarf ban was misunderstanding

By ANABELLE GARAY, Associated Press Writer
Mon November 2, 2009


DALLAS – A Texas health clinic operator said it regrets telling a Muslim doctor applying for a job that she couldn't wear her traditional headscarf and will clarify its policy regarding religious accommodations for employees.

Dr. Hena Zaki has said she was shocked when CareNow officials told her last month in person and later by e-mail that a no-hat policy extended to her headscarf, also called a hijab.

Coppell-based CareNow, which has nearly two dozen minor emergency clinics in the Dallas-Fort Worth area, called the headscarf ban a misunderstanding and said it plans to train workers to prevent confusion in the future.

"We look forward to sitting down with Dr. Zaki and discussing potential job opportunities. Bright, young doctors like her are just what we're looking for," CareNow President Tim Miller said in a statement released on Saturday.

The Washington-based Council on American-Islamic Relations wrote to CareNow, explaining federal law requires employers to reasonably accommodate religious practices of an employee.

"We are pleased that all current and future CareNow employees will have their legal right to religious accommodation acknowledged and respected," said CAIR spokesman Ibrahim Hooper on Monday.

Zaki, of Plano, had been on a tour of a CareNow clinic in the northern Dallas suburb of Allen when regional medical director Dr. Martin Jones told her he didn't want her to be surprised during orientation that a no-hat policy extended to her headscarf. After she e-mailed CareNow's human resources department asking about the policy, medical director Dr. Marc Anduss responded that it was correct.

read more on Yahoo News....

The National Law Journal just published an editorial by a law professor at the Pace Law School criticizing the "gamesmanship" of using procedural obstacles used by the Collin County District Attorney's office to prevent Charles Dean hood from seeking a new trial.

This is not the first case where the John Roach's office has come under fire for refusing to allow the merits of a case to come to trial - instead of allowing the facts to be decided, Roach is accused of playing hard ball with the rules to keep the questions from ever being decided.

Bill

==============================

When procedure trumps justice

The judge and prosecutor were having an affair during his murder trial, but Charles Hood got no relief.

by Bennett L. Gershman
Published in the National Law Journal, November 2, 2009

What could be worse than a capital murder trial in which the trial judge and the prosecutor are having a secret love affair and, working in tandem, cause a defendant to be found guilty of murder and face execution? That incredible scenario happened to Charles Hood. On trial for murder in a Texas courtroom, Hood claimed — correctly as it turns out — that the judge and the prosecutor were having a sexual relationship during his trial and that his right to a fair trial was thereby compromised. A lower court agreed to the extent of ordering a hearing, but the highest appeals court in Texas reversed. Why? Because Hood failed to raise the claim in earlier pleadings, as he could not substantiate the "rumors" of the affair with sufficient proof and, therefore, according to the Texas appellate court, was procedurally barred from raising the claim now. The Texas prosecutor hailed the decision "as a significant procedural victory."

Interestingly, the prosecutor did not say that the defendant's allegation lacked merit because the prosecutor knew otherwise. Indeed, the judge and the trial prosecutor — a different prosecutor from the appeals prosecutor — acknowledged the love affair in sworn depositions taken after Hood's trial. Nor did the prosecutor say that justice was served, which is the legal and ethical mandate of every prosecutor. The prosecutor could not say this, of course, because Hood's right to a fair trial was almost certainly prejudiced by the affair, and the pursuit of justice, at the very least, should have informed the prosecutor that a hearing was necessary, as the lower court had ordered. Nor did the prosecutor appear to be troubled by the fact that the trial judge was later elevated to the same appeals court, and she sat with many of the same judges who denied Hood the opportunity to prove his innocence.

Of all the gamesmanship that prosecutors routinely play, one of the most alarming is to aggressively raise ­hypertechnical and attenuated procedural obstacles and hurdles that a defendant must overcome in order to get a court to listen to his often meritorious claim that the prosecutor committed misconduct. Indeed, the U.S. Supreme Court has characterized such prosecutorial conduct as "gambling" and "playing the odds" with a defendant's rights, playing "hide and seek" to avoid disclosure of exonerating evidence, and requiring a defendant to engage in "scavenger hunts" to find exonerating evidence of which the prosecutor is secretly aware but has suppressed.

Thus, knowing full well that a defendant's claim is legitimate and meritorious, prosecutors regularly argue that the defendant failed to raise his claim earlier, as with Hood, even though the prosecutor well knew that the defendant could not raise the claim because he did not have the information that, brazenly, the prosecutor had suppressed. Some prosecutors have sought to deflect post-conviction claims of innocence by arguing that the defendant pleaded the wrong theory, or failed to use the correct nomenclature to describe the violation. And too many courts have endorsed the prosecutor's arguments. There are limits to this judicial deference. A few terms ago, in Banks v. Dretke, the Supreme Court reversed the U.S. Court of Appeals for the 5th Circuit, which had endorsed another Texas prosecutor's gamesmanship. In a death penalty case, the prosecutor argued that the defendant failed to differentiate sufficiently between his distinct legal claims — in effect, he "didn't say 'Simon Says.' "

Procedural gamesmanship by prosecutors is not a new phenomenon. But with the increasing demands by courts for enhanced and much more rigorous pleading requirements — for example, the Supreme Court's decision last term in Ashcroft v. Iqbal — defendants like Charles Hood are going to find the gateway to justice littered with procedural hoops and mazes of sufficient magnitude and complexity that a defendant may be barred from establishing on the merits that a prosecutor engaged in prejudicial misconduct, that a fair trial was denied and that the truth was lost. And some prosecutors, like the prosecutor of Hood, will champion this result as a big victory.

Bennett L. Gershman is a professor at Pace Law School and the author of Prosecutorial Misconduct (West 1999).

link to article in the National Law Journal....

CLICK HERE FOR ELECTION RESULTS FOR THE NOVEMBER 3, 2009 PROPOSITIONS.

Today is election day in Texas.

Collin County voters will have an opportunity to approve or reject 11 constitutional amendments. Voters in Wylie and Farmersville will also have local initiatives on their ballots.

Collin County voters will experience a new way to vote this election day. For this election, they no longer must vote at their neighborhood precinct. Just as early voting allows registered voters to cast ballots at any polling locale before Election Day, a pilot program allows the Vote Center concept to work the same on Nov. 3 at 57 different locations. As long as you’re registered in this county, there is no need to worry about which precinct in which you’re registered and which polling location applies to that precinct.

The county's Vote Center page explains:

Since Collin County voters can cast ballots at any vote center, we’ve tried to make it as easy as possible to find a vote center close to your home, work or wherever you happen to be in the county while the polls are open.

If you want to pick your polling locale online, you can logon to our Election Day Polling Location Search, type any county address and zip code, and the interactive map will find the closest poll to you, plus tell you how to get there.

We’ve also posted the master list of all 57 locations, from the Allen Municipal Court Building to Fire Station #5 in McKinney? to the Wylie Municipal Complex. While you’re viewing the list, take a look to the right hand columns, where we’ll have a traffic light to show you whether the poll is being used heavily or not – and an estimated wait time for each location. Don’t have a lot of time to wait in line? Scan for locales that aren’t as busy.

On the ballot will be the 11 Constitutional Amendments approved by the legislature last year.

As listed on the Texas Secretary of State's web site, the amendments are:

Proposition 1
HJR 132 would amend the constitution to authorize the legislature to allow a municipality or a county to issue bonds and notes to finance the purchase of buffer areas or open spaces adjacent to military installations. The buffer areas would be used to prevent encroachment or to construct roadways utilities, or other infrastructure to protect or promote the mission of the military installation. The municipality or county may pledge increases in ad valorem tax revenues for repayment of the bonds or notes.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment authorizing the financing, including through tax increment financing, of the acquisition by municipalities and counties of buffer areas or open spaces adjacent to a military installation for the prevention of encroachment or for the construction of roadways, utilities, or other infrastructure to protect or promote the mission of the military installation."

Proposition 2
HJR 36 would amend the constitution to authorize the legislature to provide for the taxation of a residence homestead solely on the basis of the property's value as a residence homestead, regardless of whether the property may have a higher value if it were used for other purposes.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment authorizing the legislature to provide for the ad valorem taxation of a residence homestead solely on the basis of the property’s value as a residence homestead."

Proposition 3
HJR 36 would amend the constitution to require the legislature to provide for the administration and enforcement of uniform standards and procedures for appraisal of property for ad valorem tax purposes.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment providing for uniform standards and procedures for the appraisal of property for ad valorem tax purposes."

Proposition 4
HJR 14 would amend the constitution to establish the national research university fund to provide a source of funding that will enable emerging research universities in this state to develop into major research universities. The amendment would require the legislature to dedicate state revenue to the fund and to transfer the balance of the existing higher education fund to the national research university fund. This amendment would further require the legislature to establish the criteria by which a state university may become eligible to receive and use distributions from the fund.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment establishing the national research university fund to enable emerging research universities in this state to achieve national prominence as major research universities and transferring the balance of the higher education fund to the national research university fund."

Proposition 5
HJR 36 would amend the constitution to authorize the legislature to allow for a single appraisal review board for two or more adjoining appraisal entities that elect to provide for consolidated reviews of tax appraisals.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment authorizing the legislature to authorize a single board of equalization for two or more adjoining appraisal entities that elect to provide for consolidated equalizations."

Proposition 6
HJR 116 would amend the constitution to authorize the Veterans' Land Board to issue general obligation bonds, subject to certain constitutional limits, for the purpose of selling land and providing home or land mortgage loans to veterans of the state.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment authorizing the Veterans ’ Land Board to issue general obligation bonds in amounts equal to or less than amounts previously authorized."

Proposition 7
HJR 127 would amend the constitution to allow an officer or enlisted member of the Texas State Guard or other state militia or military force to hold other civil offices.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment to allow an officer or enlisted member of the Texas State Guard or other state militia or military force to hold other civil offices.

Proposition 8
HJR 7 would amend the constitution to authorize the state to contribute money, property, and other resources for the establishment, maintenance, and operation of veterans’ hospitals in this state.

The proposed amendment would appear on the ballot as follows: “The constitutional amendment authorizing the state to contribute money, property, and other resources for the establishment, maintenance, and operation of veterans hospitals in this state.”

Proposition 9
HJR 102 would define what is a state-owned public beach. The public, individually and collectively, would have an unrestricted right to use and a right of ingress to and egress from a public beach. The amendment would authorize the legislature to enact laws to protect these rights.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment to protect the right of the public, individually and collectively, to access and use the public beaches bordering the seaward shore of the Gulf of Mexico."

Proposition 10
HJR 85 would amend the constitution to authorize the legislature to provide that members of the governing board of an emergency services district may serve terms not to exceed four years.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment to provide that elected members of the governing boards of emergency services districts may serve terms not to exceed four years.

Proposition 11
HJR 14 would amend the constitution to provide that the taking of private property for public use (“eminent domain”) is authorized only if it is for the ownership, use, and enjoyment of the property by the State, its political subdivisions, the public at large, or by entities granted the power of eminent domain, or for the removal of urban blight. The amendment would prohibit the taking of private property for transfer to a private entity for the purpose of economic development or to increase tax revenues. The amendment would also limit the legislature's authority to grant the power of eminent domain in the future unless it is approved by a two-thirds vote of all the members elected to each house.

The proposed amendment would appear on the ballot as follows: "The constitutional amendment to prohibit the taking, damaging, or destroying of private property for public use unless the action is for the ownership, use, and enjoyment of the property by the State, a political subdivision of the State, the public at large, or entities granted the power of eminent domain under law or for the elimination of urban blight on a particular parcel of property, but not for certain economic development or enhancement of tax revenue purposes, and to limit the legislature ’s authority to grant the power of eminent domain to an entity."

The Wylie School Board of Trustees has placed on the ballot three bond propositions. They are:

Proposition 1
THE ISSUANCE OF $7,775,000 OF BONDS FOR INFRASTRUCTURE FOR FIBER OPTIC AND SECURITY UPGRADES AT ALL CAMPUSES AND IMPROVEMENTS TO THE WYLIE STADIUMS AND LEVYING THE TAX IN PAYMENT THEREOF, INCLUDING THE COSTS OF ANY CREDIT AGREEMENTS EXECUTED IN CONNECTION WITH THE BONDS.

Proposition 2
THE ISSUANCE OF $24,940,000 OF BONDS FOR ADDITIONS AND RENOVATIONS TO BURNETT JUNIOR HIGH SCHOOL, HARRISON INTERMEDIATE SCHOOL, HARTMAN, BIRMINGHAM AND AKIN ELEMENTARY SCHOOLS AND THE CONSTRUCTION OF ACHIEVE ACADEMY AND LEVYING THE TAX IN PAYMENT THEREOF, INCLUDING THE COSTS OF ANY CREDIT AGREEMENTS EXECUTED IN CONNECTION WITH THE BONDS.

Proposition 3
THE ISSUANCE OF $44,250,000 OF BONDS FOR ADDITIONS, CONVERSIONS AND ATHLETIC IMPROVEMENTS TO WYLIE EAST HIGH SCHOOL AND ADDITIONS, RENOVATIONS, INFRASTRUCTURE UPGRADES AND ATHLETIC IMPROVEMENTS AT WYLIE HIGH SCHOOL AND LEVYING THE TAX IN PAYMENT THEREOF, INCLUDING THE COSTS OF ANY CREDIT AGREEMENTS EXECUTED IN CONNECTION WITH THE BONDS

The Farmersville proposition reads:

"The legal sale of beer and wine for off-premise consumption only."

Bill

Tuesday is election day. All of Collin County will vote on 11 constitutional amendments. Wylie voters will get their 3rd shot at a school bond package, and Farmersville is holding a wet dry election.

Early voting totals presage a dismal turnout. At the end of early voting, only 9,953 Collin County voters had cast a ballot. That's only 2.44% of the 400,000 registered voters in the county.

I would expect total turnout will be less than 4.5%.

Not even a wet/dry election can get our under-stimulated voters' attention. In Farmersville, where an "off premises beer and wine" local option election is being held, only 220 people have voted at the Farmersville early voting site.

In Wylie, 2,260 voters have cast their ballot on 3 WISD school bond proposals. Turnout looks to exceed the 2,413 who voted on a similar bond issue in May. In that election, the school bonds failed by a vote of 672 (48.99%) For and 1,741 (51.01%) Against. But even in the higher turnout of a presidential election, Wylie citizens still rejected a school bond proposal. On November 4, 2008, Wylie voters cast 7,877 (48.05%) votes For and 8,518 (51.95%) Against the bond issue. This one will be close.

Election Day voting information can be found at the Collin County elections web site.

Bill

From a campaign press release:

PRESS RELEASE

For Immediate Release

Wendy McMillon Announces Candidacy for 219th Judicial District Court of Collin County

Plano¸Texas, November 2, 2009 – Long time Plano resident and local attorney Wendy McMillon announced her candidacy for the 219th Judicial District Court of Collin County, Texas this morning. Judge Curt B. Henderson, who has been on the bench for 21 years, previously announced his plans to retire at the expiration of his term. Therefore, the court will be open for a new presiding judge.

Wendy McMillon is an experienced and well-qualified trial attorney who has been in practice since 1994. She is currently practicing at the law firm of McKool Smith in Dallas where she concentrates in the area of intellectual property and complex business litigation. Prior to that, she obtained extensive litigation experience at Cowles & Thompson defending complex healthcare liability, wrongful death, and mental health lawsuits in the firm’s Dallas and McKinney offices.

Ms. McMillon stated that she “is thrilled to pursue this opportunity to serve the public in the 219th where I can put my complex litigation experience to work for Collin County.” She says, “I am confident that I have the experience and work ethic that will address the ever increasing complexity of cases being filed in Collin County. In addition, my goal is to help our courts operate even more efficiently and successfully.”

She is married to local attorney L. Mark McMillon, who practices with The Carpenter Law Firm in Plano, and is the mother of two children, MacKenzie, 10, and Matthew, 9. Ms. McMillon is a member of Prestonwood Baptist Church and is an active community volunteer including service in the Junior League of Plano, Prestonwood Christian Academy, CASA of Collin County, and S.O.S. Save Our Schools teen mentoring program in Plano I.S.D..

Collin County Family Lawyer Melinda Hartman Eitzen with McClure, Duffee & Eitzen, L.L.P. will act as McMillon's Campaign Treasurer. Eitzen states that “the Collin County District Court desperately needs an attorney like Wendy McMillon with a strong civil litigation background. Our District Courts are already strongly represented by criminal attorneys, and an overwhelming amount of the court’s docket involves civil disputes. Please join me in supporting Wendy McMillon in the March 2010 Republican Primary.”

Contact: Wendy A. McMillon at wmcmillon@mckoolsmith.com .

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Collin County's Department of Homeland Security is responsible for running court house security, The Fire Marshall's office, the