The Collin County Observer™

On September 20th, the employees of the Collin County Sheriff's Department voted to establish a Civil Service Commission. The vote was 296 for, and 35 against.

The Civil Service Commission will be made up three commissioners. The County Commissioners' Court will appoint three commissioners. County Administrator, Bill Bilyeu has send the county commissioners the details of the process: "The Commissioners Court will appoint the three members of the Commission with the District Attorney, Sheriff, and Commissioners Court each nominating one of the members. The Sheriff will select the Chair and the members will draw lots to determine and serve two year terms on a staggered basis (Two members appointment will expire one year and the other member the following year)."

2007, the Collin County Deputies Association was had a series of conflicts with County Judge, Keith Self. The budget hearing last year ignited a conflagration over Judge Self's proposal to cut the county employees' retirement benefits.

Three days before the deputies Civil Service election, Judge Self voted against the 2012 budget - he was opposed to the 2 tier salary approved; 3% for sworn officers, and 2% for the remainder of the county employees. In a large part of the Deputies Association pushed for the Civil Service system to try to protect themselves from Keith Self.

Sheriff Terry Box did not actively oppose the Civil Service system.

The Texas Local Government Code gives the Civil Service Commission:

"Sec. 158.035. POWERS OF COMMISSION. (a) The commission shall adopt, publish, and enforce rules regarding:

(1) selection and classification of employees;
(2) competitive examinations;
(3) promotions, seniority, and tenure;
(4) layoffs and dismissals;
(5) disciplinary actions;
(6) grievance procedures;
(7) the rights of employees during an internal investigation; and
(8) other matters relating to the selection of employees and the procedural and substantive rights, advancement, benefits, and working conditions of employees.

(b) The commission may adopt or use as a guide any civil service law or rule of the United States, this state, or a political subdivision in this state to the extent that the law or rule promotes the purposes of this subchapter and is consistent with the needs and circumstances of the department.

(c) In a county with a population of 2.8 million or more, a panel of three commissioners shall preside at the hearing and vote on the commission's final decision in any case involving termination, demotion, or recovery of back pay. A panel's decision is the final decision of the commission for purposes of Sections 158.0351 and 158.037. The commission shall adopt rules prescribing the commission's procedures for assigning members to a panel. A panel may not include more than one member who was appointed to the commission by the same individual appointing authority.

(d) In rendering a final decision regarding a disciplinary action by the department, the commission may only sustain, overturn, or reduce the disciplinary action. The commission may not enhance a disciplinary action by the department."

Bilyeu also explained that, "As a reminder, the Commission’s duties are only related to the direct employees of the Sheriff. Court officers, DA investigators, deputy constables, etc. are not covered by the Commission."

The Commissioners Court is expected to start the process of appointing Civil Service commissioners tomorrow, Monday, October 3.

Bill

chutzpah, hutzpah [ˈxʊtspə] n Informal shameless audacity; impudence [from Yiddish]

Patricia Crigger has continued in office, trying to lead the District Clerk's Office, while under felony charges of corruption. Crigger not only refused to take a leave of absence, but instead has attempted to put on a show of there is "no problem."

CHUTZPUH
Crigger's reaction to the indictment was to promote the alleged two co-conspirators and give them a raise in pay. Crigger promoted[ed.: caution, large file]:

• Rebecca Littrell from Senior Administer making $52,766 to Chief Deputy District Clerk, now receiving a salary of $64,213.
• Sherry Bell from Lead Clerk making $49,190 to Senior Administer, now receiving a salary of $51,650.

Crigger herself was given a raise by the voters after her indictment from approximately $65,000 to $110,998.

By appointing the two other top managers in the department who are under indictments, Crigger has created a vacuum of leadership. If Patricia Crigger took a leave of absence, resigns, or is convicted, there will be no senior management able to temporarily take over the District Clerk's Office. Crigger has made it difficult so there will be no senior management in place to temporarily take over the District Clerk's Office. (If the Crigger resigns or convicted, the Board of Collin County District Judges will appoint a new District Clerk.)

And last week, Patricia Crigger, Rebecca Littrell, and Sherry Bell used county money to attend a convention together in Las Vegas. According to a Open Records request, the County Auditor confirmed that the three alleged co-conspirators traveled to Vegas from July 10 to July 15, 2011 to attend the National Association of Court Management Annual Conference.

The bills are all not in yet, but the conference will cost the Collin County taxpayers several thousand dollars.

Also in April, Crigger received a county check for $1,308, and $1,208 went to Rebecca Littrell for travel reimbursement. During the entire year to date, the rest of the un-indicted staff members of the District Clerk's office have spent less than $360 on travel total.

Yes, chutzpah is one way to make crime pay.

Patricia Crigger, District Clerk

THE CRIMES
Last June, The Texas Rangers targeting the District Clerk's Office raided the Collin County Courthouse. In July, a grand jury indicted 6 employees of the District Clerk's department, including Patricia Crigger, for conspiracy and theft of more than $20,000 in government money. At that time, Patricia Crigger was the Republican nominee for District Clerk. Facing no real oppositions, Crigger was the next "Elect District Clerk", who would be sworn in on January 1, 2011.

On January 1, Patricia Crigger was sworn in as the elected District Clerk although charged with "Abuse of Office" and "Conspiracy" for allegedly stealing over $20,000 of services for the benefit of her 2010 campaign. Also indicted were alleged co-conspirators including Rebecca Littrell and Sherry Bell.

Hannah Kunkle (no mug shot available)

On May 31, 2011 a Grand Jury also indicted Hannah Kunkle, the previous long-time District Clerk.

The Collin County District Attorney's Office (under John Roach, Sr.) bungled the original indictments of six District Clerk's employees. Twice the charges against the defendants were dropped, and they have been re-indicted three times now. The need to appoint a visiting Judge, and then the need to name an out-of-town special prosecutor, have created delay after delay, allowing the elected District Clerk to remain in office under a cloud for more than a year.

The visiting Judge Nelms (of Tyler) will hold a hearing on July 27 to hear motions.

The Texas Rangers investigation shows a credible case against these employees -- a case credible enough for three Grand Juries to indict these officials.

THE AUDITS
The Collin County Auditor has released two audits that are critical of the financial operations of the District Clerk's Office. The audits covered the 3rd quarter and 4th quarter of 2010 during the Hannah Kunkle administration. Both audits show that the District Clerk's Office has been unable to correct the table of fees and that the department has been unable to reconcile their funds with the new Odyssey program. The auditor has shown that convicted defendants in criminal cases were not charged all the fees the District Clerk's Office is responsible to collect, nor have the cases been corrected.

Crigger did appear before the commissioners' court on May 2[ed.:video], and said that the issues were inherited, but acknowledged that they are struggling with correcting the problems. Crigger asked if the Auditor would assign an accountant to help her with Odyssey. After five months, Commissioner Duncan Webb and the commissioners' court expressed impatience with the loss of criminal fees and concern with the lack of progress. Neither the Auditor nor Crigger can determine the amount of revenue criminal fees that incorrectly may cost the county revenue. [ed.:video]The commissioners' court has asked the County Auditor to prepare a "Full Audit" of the District Clerk's Office, and to report the amount of fees that have been lost as county revenue.

Later in June, Crigger submitted a request to promote a clerk to senior clerk. Cheryl Williams expressed frustration[ed.:video] that Crigger chose to promote a clerk without financial experience. The court unanimously voted to delay the promotion, once again asking Crigger for explanation, later two weeks later, the court approved the promotion.

CLOUD
The District Clerk's Office is responsible for the custodial care and management of the District Courts. The department has 58 employees with a budget of over $5 million, and holds in trust more than $3 million in public funds in 5 bank accounts.[ed.: caution large linked file]

Many, including members of the Commissioners' Court, have questioned the ability of the District Clerk's Department to function effectively.

The top 3 administrators of the department are facing charges of conspiracy and corruption, while some of their own employees were whistle blowers. The Texas Rangers used at least five employees who gave sworn affidavits that were used to gain a search warrant to raid the courthouse. The defendants immediately asked the court to give them the names of the whistle blowers.

The judge refused to release the names. An informer county source has told the Collin County Observer of three of the whistle blowers: two of those employees asked the county to and received a transfer to other departments where they do not fear retribution. A third person was laid off when the commissioners' court cut the 2011 staffing budget by three people. The whistle-blower brought an attorney to the courthouse to ask the District Clerk if she really wanted to be sued for laying off someone who is allowed protection as a whistle-blower. The whistle-blower got her job back.

Source have told The Observer of a department that has low morale and lack of leadership. The District Clerk's top leaders are working under the shadow of a real possibility of being sent to prison. Some employees in the department are supporters of Crigger, some support Kunkle, and some have antipathy to both of them.

The Observer spoke to several leading Republicans who told us that the party is not in agreement that Patricia Crigger should step down, but the majority of individual Republicans we spoke to expressed a desire for Crigger to resign for the good of the taxpayers and the party.

But Crigger, like the title character in the fable about the Emperor's New Clothes, she has been unable to see herself, while that our citizens can see through her arrogance.

Bill

--------------------------------
Notes:

The 2010, 3rd Quarter Audit of the District Clerk

The 2010, 4th Quarter Audit of the District Clerk

The district clerks’ indictments were announced yesterday at 5:00 PM. The Collin County Observer is linking the indictments and the details of the charges as follows:

Hannah Kunkle, the former District Clerk who retired last December after 33 years with the county. She has been indicted on two counts.

The first charge is of “Abuse of Office”. The grand jury has detailed the charge as:

“between on or about December 15, 2009 and/or about June 3, 2010… Hannah Kunkle, being a public servant, to wit, the elected District Clerk of Collin County, did then and there, with intent to obtain a benefit, namely services and labor in support of the campaign of the elected office of Collin County District Clerk of Patricia Crigger, and to defraud another, namely the public and the Collin County Commissioners Court, did intentionally and knowingly misuse government property, services and personnel, of an aggregate value of $20,000 or more, by engaging in an constituting an ongoing scheme and the course of contact in which employees of the Collin County District Clerk’s Office were awarded time off from their employment, known as quote “‘Blue Book’ Time”, in return for engaging in campaigning activities on behalf of Patricia Crigger's … in violation of section 39.02(a)(2) of the Penal Code.”

This charge is a 3rd degree felony, which can result in no less than 2 years and not more than 10 years in the Texas Prison and may also include a fine up to $10,000.

In the second count against Hannah Kunkle, the grand jury charged,

“between on or above December 15, 2009 and or about January, 2010, and before the presentation of this indictment, in the County of Collin, State of Texas, Hannah Kunkle, a public servant, named the elected District Clerk of Collin County, with the intent of a felony be committed, did enter into an agreement with one or more of Patricia Crigger, Rebecca “Becky” Littrell, and Sherry Bell, all of whom were public servants at the time… in violation of section 15.02(a) of the Texas Penal Code.”

This second count is of a “Criminal Conspiracy”. The second charge is a state jail felony which calls for a punishment in confinement in a state jail for no less than 180 days and no more than 2 years that could add a $10,000 fine.

The elected District Clerk Patricia Crigger and Chief Deputy District Clerk Rebecca Littrell were indicted on the same two charges with Hannah Kunkle.

Clerk Sherry Bell was also indicted, but only on an alleged conspiracy along with Kunkle, Crigger and Littrell.

The grand jury itemized specific alleged conspiracy acts caused by the four defendants:

• That Hannah Kunkle authorized the ‘Blue Book’ to grant paid time off used in return for engaging in campaigning activities for Crigger's campaign.
• That Patricia Crigger authorized Rebecca Littrell to grant time used by the ‘Blue Book’ for activities for Crigger's campaign.
• That Crigger and Littrell held campaign organization meetings during county hours.
• That Kunkle, Crigger, Littrell and Bell encouraged District Clerk’s employees to engage in campaigning on Crigger's campaign and were told to expect ‘Blue Book’ time in return for campaigning.
• Rebecca Littrell maintained records of Crigger's campaign activities of District Clerk employees.
• Littrell maintained the records of the ‘Blue Book’ time granted to employees in return for campaigning for Crigger.
• Sherry Bell maintained records of campaign activities for Crigger's election campaign by employees of the District Clerks office.
• Sherry Bell transmitted lists of polling employees to Littrell for the Crigger's campaign.
• Sherry Bell coordinated the schedules of District Clerk employees for facilitating the employees campaign activities.
• Littrell transmitted a “Crigger walk list” to Sherry Bell and that Littrell created the ‘precincts.xls’ document on her company computer for the campaign.

Arrest warrants for Kunkle, Crigger, Littrell and Bell were delivered today to the Sheriff’s Department. No court hearings have been posted on the county website. The Collin County Observer is posting the indictments of the District Clerk’s defendants below.

-------------------------------------------

Dismissal, Patricia Crigger that dismissed older charges three weeks before the new indictments.
Indictment, Hannah Kunkle, former elected District Clerk
Indictment, Patricia Crigger, current elected District Clerk
Indictment, Rebecca "Becky" Littrell, appointed Chief Deputy District Clerk
Indictment, Sherry Bell, employee of the District Clerk's office

Bill

Corruption in the Collin County District Clerk’s Office – Officials indicted for Third Degree Felonies

District Clerk, Patricia Crigger, Former District Clerk, Hannah Kunkle, and Deputy Chief District Clerk, Rebecca Littrell were indicted this afternoon. A Collin County Grand Jury charged the three officials with 3rd degree felonies of Abuse of Official Capacity between the amounts of $20,000 and $100,000. They each face up to 2 to 10 years in the State Prison and or $10,000 fine if convicted.

Hannah Kunkle	Patricia Wysong Crigger

• Former elected District Clerk, Hannah Kunkle was charged with 2 counts of Abuse of Official Capacity.
• Patricia Crigger, the current elected District Clerk, and the previous Deputy Chief District Clerk was indicted for one charge of Abuse of Official Capacity.
• Rebecca Littrell, the appointed Deputy Chief District Clerk was also indicted for two charges of Abuse of Official Capacity.

The Texas Rangers raided the Collin County Courthouse in June 2010 pursuant to a subpoena seeking computers and documents after District Clerk employees were suspected of giving employees paid leave for helping Patricia Crigger campaign for District Clerk during the 2010 election.

Last year a Grand Jury indicted District Clerk Patricia Crigger and 5 District Clerks and supervisors. Last month a special prosecutor dismissed all charges, but stated there was still an investigation in the works, and that charges may still be made.

This is the first time that Hannah Kunkle has been formally charged in the corruption case.

The county website does not yet show the warrants or hearing dates.

Bill

Link: http://www.dallasnews.com/sharedcontent/dws/news/city/collin/stories/DN-housecol_19met.ART.East.Edition1.4375173.html

December 19, 2010
by ED HOUSEWRIGHT/The Dallas Morning News

read the article at DallasNews.com

Link: http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/120910dnmettheboyjp.3a8474e.html

December 9, 2010

By ED HOUSEWRIGHT / The Dallas Morning News

read this story at DallasNews.com

Link: http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-annexation_04met.ART0.State.Edition1.4b7a174.html

December 4, 2010
By RAY LESZCYNSKI / The Dallas Morning News

read the this article at Dallas News.com

Link: http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/120510dnmetlavonbridge.1a0611f.html

December 5, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

read this article at DallasNews.com

Link: http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-lucas_27met.ART0.State.Edition1.4b808c1.html

November 27, 2010

By IAN McCANN / The Dallas Morning News
imccann@dallasnews.com

read this article at DallasNew.com

Link: http://www.dallasnews.com/sharedcontent/dws/news/city/collin/prosper/stories/DN-taxgoof_29met.ART0.State.Edition1.3367c8d.html

October 29, 2010
By MATTHEW HAAG / The Dallas Morning News

read this story at DallasNews.com.

Link: http://dallasmorningviewsblog.dallasnews.com/archives/2010/10/could-spanish-g.html

October 15, 2010
by RODGER JONES/The Dallas Morning News

A

link to this post on The Dallas Morning News Opinion Blog

Collin County kills Lake Lavon bridge project

October 12, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

link to this article at The Dallas Morning News

Texas judges run in the dark

Editorial Board - Austin American Statesman

As we've noted many times before, Texans zealously cling to their right to elect their judges but would be hard pressed to name even a few of the 18 people who occupy the benches of two highest courts in the state, the Texas Supreme Court and the Court of Criminal Appeals.

Nonetheless, every two years, judicial candidates ask people for money and votes then cross their fingers. There might be a better way to do this, but until Texas finds it, the state's voters will hand the power to redirect lives and money to people they barely know.

The nine-member Supreme Court is the last stop in the state system for civil disputes, and, as the name implies, the Court of Criminal Appeals is the last word in the state system for criminal cases.

This year, three Supreme Court justices — all Republicans — face challenges from Democrats, and only one of the three justices running for re-election to the Texas Court of Criminal Appeals faces a Democratic challenger.

Texas Court of Criminal Appeals

It is no coincidence that Justice Mike 
Keasler drew a Democratic opponent. Though Keasler, a Republican, who has served two six-year terms, is an amiable enough fellow, he is associated with a faction of the court that never met a conviction it didn't like.

A series of death penalty cases involving ineffective assistance of counsel, allegations of bad science or just plain sloppy police work have been affirmed by the court of appeals. One particularly troublesome case involved Verla Sue Holland, a former member of the Court of Criminal Appeals who, as a state district judge, presided over a capital murder case in which the evidence against the defendant was strong. The problem was not the quality of evidence, though. When long-standing rumors that Holland and the prosecutor in the case had a romantic affair were confirmed, questions arose about how fair the trial was for defendant Charles Dean Hood.

Keasler was part of the Court of Criminal Appeals majority that refused to grant Hood a new trial when the defense claimed that the first one couldn't have been fair given the circumstances. The case drew national attention and a lot of comment about the appeals court standards for a fair trial.

The appeals court finally ordered a new punishment trial for Hood but had to reverse an earlier ruling that had nothing to do with Holland's illicit affair with then-Collin County District Attorney Tom O'Connell Jr.

It isn't the only example of the court's strange notions of justice.

Keasler, 68, shrugs when asked about the cases, saying the law is imperfect sometimes. That attitude might make sense in a strictly academic legal sense to someone, but it is chillingly cavalier when a life is at stake.

Clearly, it is time for new blood on the court, and we recommend Keith Hampton, 49, an Austin lawyer, to inject it. Hampton is a well-respected advocate who was the overwhelming winner in a statewide poll of lawyers. The poll might not mean much outside legal circles, but it speaks volumes because incumbent jurists usually have an advantage in those surveys

It should concern all Texans that the Court of Criminal Appeals has lost respect; the judiciary is the bedrock of a civilized society.

Hampton won't necessarily be able to fix all the court's ills, but we bet that he'll make a pretty good start toward restoring the public's confidence in its court.

Incumbent Justices Lawrence Meyers, and Cheryl Johnson, both Republicans, face Libertarian opponents on the Nov. 2 ballot.

read the rest of this editorial at Statesman.com

Collin County commissioners' vote not to include vision, dental care services in '11 grants

September 25, 2010
ED HOUSEWRIGHT / The Dallas Morning News

A

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

Last week, the Collin County Auditor sent the County Commissioners a report detailing $2,600 missing from Justice of the Peace Johnny Lewis' court.

The audit, which was conducted beginning on May 10th, uncovered several instances of 'missing' bank deposits. According to Judge Lewis' response to the Auditor, the incidents were 'referred to investigation'.

The Auditor's report details an almost comedic incompetence in the management of the Plano JP's office. During the audit, checks were found in a file on a shelf and in a receipt book. Money was left in a "red tote bag on the floor". Bank deposits, which are supposed to be made daily were almost alway made late - 20 days late in one case.

Escrow funds were deposited in the wrong account. Money bags were left unsecured, and bank account reconciliations were routinely not done.

From the auditors account of an on-site audit on June 8:

"Upon our request to review funds collected from previous days that were not deposited into the bank account:
a. The office administrator pulled the corresponding reports, funds and deposit bags from a red tote bag that was located on the floor beside her desk. The funds were not secured in the safe.
b. A deposit from June 2, 2010, in the amount of $2039 was on hand and not deposited; the cash total for that day was $638. $586 of the $638 received for that day was unaccounted for. The office administrator immediately stated that the cash was missing.
c. A deposit from June 4, 2010 in the amount of $821 was not deposited into the bank and the money and reports for that date could not be found. The total cash money received for that date was $720. The office administrator stated that she has no idea where the report or the money is for that date. The office administrator searched her desk, surrounding file cabinets, the safe, the office of Judge Lewis, and the desk of the back-up clerk who also makes deposits.
d.During the aforementioned search, a money order in the amount of $108.40 was found in a case file located on a shelf behind the office administrator. The money order was dated May 29, 2009. The total funds missing from the items described above consists of $1306 in cash and a $101 check.
"

"During the course of the audit the following discrepancy was identified:
a. On February 16th, 2010, funds were receipted totaling $8515. This consisted of $5277 in cash money, $1394 in check/money orders, and $1844 in credit card payments. $4000 of the $5277 was deposited into the escrow account on March8, 2010; fourteen business days after the funds were received. $1471 of the $5277 was deposited into the General Bank Account on March 8, 2010. This consisted of $77 cash and $1394 in checks/money orders. The remaining $1200 of the $5277 was not included on the deposit slip as part of the deposit. The $1200 was not located on the bank statements or in the office. As of June 8, 2010, $1200 cash is missing; the detail consists of sixteen cash receipts issued on February 16th, 2010. The total funds missing from the item described above is $1200 cash."

The report went on to note:

"During the course of the audit the following discrepancies were identified with receipts issued during the period under review:
a. Funds received and receipted are not being deposited by the next business day. Bank records show that funds are being deposited late. There were 234 working days for the period under review and 190 days (81%) were reviewed. Late deposits were identified on 170 of the 190 days reviewed; approximately 89% of the deposits were late. The lateness ranged from 3 days to 20 days late.
b.An observation of the daily close-out process of the office was conducted on May25 and May26 , 2010. The office administrator was observed placing the deposit from the previous day in an unlocked drawer in the front counter area until the armored car pickup was made for the day. The office administrator was immediately informed to place the funds in a secured location, such as the safe, until the deposit is picked up.
c. On December 9, 2009, $170 in cash was receipted but not deposited into the bank. When brought to the attention of the office administrator on May 13, 2010, she stated she would need to research the matter. Later that day, she stated that she found the money in the case file that was inside the safe. The money was then deposited into the bank account.
d. On May 25, 2010 a check in the amount of $108, attached to the yellow copy of the manual receipt, was found in the manual receipt book. The check was not deposited into the bank. On May 25, 2010 a letter was sent to the customer stating that a new payment was needed to be made. The AS400 system shows this payment as outstanding...."

The auditor's report then goes on to document other problems with cash handling, including not reconciling bank statements and depositing funds to the wrong accounts. The report notes that previous audits have shown that bank statements for the last two years have not been reconciled regularly.

Judge Lewis responded that he had taken steps to correct the deficiencies in his office, and that the missing funds were being investigated.

The Commissioners Court is scheduled to discuss the audit result at next Monday's court session in Melissa.

Bill

Link: The 2010 audit report of Justice of the Peace Court 3-1

First city budget hearing to be held Tuesday

By Andrew Snyder / The McKinney Courier-Gazette
September 2, 2010

On Tuesday the McKinney City Council will hold the first of two public hearings on a proposed budget totaling $90.7 million in general fund expenditures. The hearing will be held at city hall during the scheduled council meeting that begins at 6 p.m.

Expenditures under the proposed budget see a decrease of about $2.5 million from last year. Despite the reduction, the proposal is still a deficit budget that sees expenditures exceed revenue by about $4.4 million. The city will use reserve dollars to bridge the gap without raising the tax rate from it's current level or cutting staff, though 16 open positions will remain frozen.

The budget under consideration sees drops in a number of funding categories. Some funds seeing large decreases include the Utility and Street Construction Funds, which each fell from amounts around $50 million last year to $536,932 and $1,976,130, respectively. Park construction also fell by a large amount from $55.6 to $2.7 million.

City services paid for through the general fund such as police, fire, public works, city government and parks and libraries will also see reductions. Public works funding will see the largest decline with a 9.4 percent decrease, followed by police (-4.7) and fire (-1.9). In an earlier budget hearing, the police department said it will make up for the loss by delaying vehicle replacement and using less money on computer hardware, uniforms and ammunition.

Under the proposed budget, the general fund balance will drop from 27 million at the start of the fiscal year to an estimated 23.8 million. That keeps it about two million over the city’s 90-Day Revenue Requirement, though projections for Fiscal Year 2011-12 show the balance falling below that amount if the current rate of expenditures to revenue continues.

read the rest of this article at The McKinney Courier-Gazette.....

10:30 on Monday night, and the public hearing on the budget is in its 4th hour. I've been watching it live on the web, and texting some in the room.

I've had it, I'm going to bed.

Hundreds of employees and Tea Party members turned out to take part in the debate on employee benefits.

I probably shouldn't call the hearing a hearing, or even a debate. Very few, with the notable exception of Sheriff Terry Box, and a few department heads seemed willing to actually discuss .... they came to fight and shout at each other.

Judge Keith Self found himself a target by employees who believed he manufactured the issues surrounding the pension plans in a bid to run for congress. They're probably right.

While quite a few Tea Party member made their point that county employees should face the same realities of pension that they face in small business, the overall impression I got from these first 4 hours of comments was summed up by County Tax Collector Kenneth Maun, when he shouted,

"Judge Self, your math sucks!"

Bill

"There's battle lines bein' drawn.
Nobody's right if everybody's wrong.
Young people speakin' their minds
A-gettin' so much resistance from behind."

"I think it's time we stop.
Hey, what's that sound?
Everybody look what's goin' down."

For what it's worth, Buffalo Springfield, 1967

There's battle lines bein' drawn.

On Monday evening at 6:00 PM the Central Jury room of the new Collin County Courthouse will be the scene of a fight that need never happened - over a crises that never was.

For the last year or more we have heard predictions of pending economic doom. The county would have to drastically cut back on services to avoid huge deficits.

That crises never happened. A fact that I think actually disappointed the doomsdayers, chief among them the County Judge, Keith Self. The truth is that the revenue shortfall is very mild, and the county has more than sufficient slack in the budget to overcome the slight reduction in tax revenue. After all, Collin County typically spends only 90-95% of its annual budget. The excess is deposited in the reserve fund -- a fund that is capable of sustaining county government for over 9 months, even if no taxes were collected.

And while some may find justification in complaining that their tax burden is too great, the county taxes are certainly not the culprit. A taxpayer in McKinnney for example, who owns a $207,000 home pays $5,090 in property taxes:

• School District - $3,194
• City - $1,214
• County - $503
• College District - $179

Looking at other Texas counties of similar size, Collin County's tax rate is the second lowest.

• Tarrant County - .2640
• Bexar County - .3269
• Travis County - .4215
• El Paso County - .3382
• Hidalgo County - .5900
• Collin County - .2425
• Denton County - .2358
• Fort Bend County - .4790
• Cameron County - .3632
• Nueces County - .6468
• Montgomery County - .4838

Collin County remains one of the most affluent and fastest growing counties in the entire nation. Our growth has to a large extent blunted the impact of the economic recession. We here in Collin County continue to enjoy low taxes and a balanced budget.

In fact, the county is in such good shape financially that it has cut the tax rate 3 times in the last four years.

Nobody's right if everybody's wrong

Nevertheless, some on the commissioners court feel that drastic action is required to protect the county's taxpayers from ruinous over-taxation.

Judge Self and Commissioner Matt Shaheen have an agenda to make county government more like the 'private sector'. They believe only in this way will the citizens get real value for their tax money.

Now I don't know where Keith Self learned private sector business practice. I didn't think that was a subject taught at the US Military Academy. Nor would a life spent with Pentagon budgets seem to prepare him for the role of preacher of the private sector.

Nevertheless Self has determined that the path to private sector savings lie in attacking and insulting his own employees. This has indeed been a path a few unsuccessful business have taken, notably Greyhound Bus a few years back, (Its CEO was fired after a huge outcry over he gave himself a bonus right after cutting employees wages and jobs).

Judge Self, ignoring the fact that he is paid over $130,000 for a part time job, has decided that county employees are receiving 'gold plated' benefits. His characterizations have made it seem that county employees are nothing more than leeches sucking money out of the wallets of the taxpayer.

Ignoring the fact that no CEO ever won by attacking his own team, a close analysis shows that Self is simply wrong.

His rhetoric is full of allusions to county employees retiring with $100,000+, even with $200,00 pensions. He is wrong.

An analysis of retirement data from the Texas County and District Retirement System by The Collin County Observer shows that of the 194 employees who are currently eligible to retire in 2011:

• Their average age is 63 years old
• Their average service is 19 years
• Their average 2011 salary will be $52,700
• Their average pension benefit will be $29,600 or 56% of their current salary.

Now 56% of salary after 19 years and after making 7% salary deductions is hardly gold plated.

But Self's rhetoric is not concerned with the reality on the ground. He has instead made a great deal over the 250% County match, and its resultant unfunded future liability.

Both he and Shaheen have stated over and over that no private company offers a 250% match.

He ignores the truth that private pensions and 401k plans require that the company match be made at the same time as the employee's contribution. The company match then earns compound interest over the life of the pension.

The county 250% match however is made only after the employee has retired.

Self's diatribe has focused on a statistic that taken out of context does make it appear that the county employees are somehow getting rich. They are not.

Everybody look what's goin' down

The proposed 2011 budget reduces the county retirement match from 250% to 200%. It also increases the cost and deductibles for employee health insurance.

It, for the second year in a row fails to look at competitive salary rates and instead grants only a minimal pay for performance raise, that for most employees will be under 1%

Yet that is not enough for those who want to see public servants as blood sucking leeches. Judge Self wants to take his fight to further cut pension matches to the people in the two public hearings scheduled for next week.

He and Commissioner Shaheen have appeared at several Tea Party meetings to urge members to attend and support his effort to further reduce the pension match. His Facebook page links to several "calls to action" all asking for unhappy taxpayers to lobby their commissioner and then attend the hearings.

Predictably, most county employees see things differently. Several elected officials have spoken publicly and have urged employee and citizens to both speak out and attend the public hearings.

A large number are expected to turn out, with overflow crowds anticipated.

That's right, a large turnout to fight over a budget that cuts taxes.

Bill

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

Link to The Texas County and District Retirement System presentation to Collin County, August 27, 2010

Link to the 2011 Proposed Collin County budget

Public Hearings on the 2011 budget will be held at:

Monday, August 30, 2010 at 6:30 PM
Central Jury Room - Collin County Courthouse 2100 Bloomdale Road, McKinney, Texas

Tuesday, September 7, 2010 at 1:30 PM
Central Jury Room Collin County Courthouse 2100 Bloomdale Road, McKinney, Texas

Final vote on the budget is scheduled for September 13, 2010

Link to The Texas County and District Retirement System presentation to Collin County, August 27, 2010

Public Hearings on the 2011 budget will be held at:

Monday, August 30, 2010 at 6:30 PM
Central Jury Room - Collin County Courthouse 2100 Bloomdale Road, McKinney, Texas

Tuesday, September 7, 2010 at 1:30 PM
Central Jury Room Collin County Courthouse 2100 Bloomdale Road, McKinney, Texas

Final vote on the budget is scheduled for September 13, 2010

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

From The County Line blog by Commissioner Joe Jaynes, August 19:

Dear Friends,

You have seen the numbers before:

Approximately 40% of all current county employees could make over $100,000 per year in retirement.
246 could receive more than $200,000 per year.

More than 500 could receive more in retirement than their final salary just before retirement.
It has been sent out in several mass emails and presented in commissioners’ court.

Those numbers are wrong on so many levels.

They are based on an actuarial table provided by the Texas County and District Retirement System or (TCDRS) which assumes that all employees at Collin County will work until they are 60 with new employees working up to 40 years during which all employees will receive a 4% raise per year compounded annually.
The reality is that no one works at Collin County for 40 years with 4% raises compounded annually. This year we proposed a 1.5% raise and last year we had 2% raise and those raises went only to employees who were our top performers.

More importantly, they do not take into account that we have salary caps for all our employees. For example a truck driver at Collin County “tops out” at approximately $39,000 a year.

The scenario presented above has that same truck driver working here for 40 years (our average length of employment is 10 years) and making approximately $180,000 a year!

The “facts” stated by are just not realistic. The TCDRS said so in a letter sent to the county on August 12. According to the TCDRS, “The data provided…was not intended to be used as an estimate of future retirement benefits to be paid by your plan.”

This, however, did not deter some from the continued presentation of these “facts” in mass emails and in interviews with the Dallas Morning News.

Our county retirement plan through the TCDRS is a 2:1 match plus 7% guaranteed annual interest after a vesting period of 8 years.

Is that plan to rich? That’s a fair question which I look forward to addressing in future emails.
However, in the meantime, I wanted to set the record straight and cut through the reckless and misleading political spin that has been presented.

It is my belief that you should always shoot straight with the taxpayers and that is what I will do as we carry on this conversation.

On another note, my family and I were deciding how to spend the $5.50 annual tax savings that the commissioners’ court recently passed. We decided to go to Starbucks and used the savings to buy and share a skinny vanilla latte. Unfortunately, on the way home it spilled all over the car when we hit a pothole.

Best,

Joe

and on August 26th, Joe wrote:

The average salary for Collin County citizens, according to the U.S. Census Bureau, is $72,801.

The average salary for Collin County employees, according to our HR Department, is $48,030.

Like most governmental entities, Collin County pays less than the private sector. As you know, the rule of thumb for anyone going to work in the public sector is that the pay is lower but the benefits are better.

This is why Collin County like most counties and virtually every city in this county and region has a retirement plan based on a 2:1 match plus a varied amount of interest. The Collin County amount of interest is 7 percent.

It is important that we break this down. The 7 percent interest is state law, however, it is actually below the S&P 500 average for a person who is retiring after 20 years of service. For example, if a twenty year retiree had invested in the stock market for the last 20 years their return would be over 10 percent per year. Check out the following link to run stock market averages over various times: http://www.moneychimp.com/features/market_cagr.htm

Once an employee retires, Collin County matches the employee’s final account balance with a $2 match for every dollar saved.

Sound too generous?

On the surface it does, but once you look at our county’s retirement history it really comes out to be a much smaller amount than others have previously claimed.

For example, check out these averages for Collin County retirees. All the information below is provided by the Texas County and District Retirement System or (TCDRS):

Average Age at Retirement: 62
Average Service at Retirement: 18 years
Average Monthly Payment at Retirement: $1,500
Average Salary Replacement Ratio: 39%

It is also important to note that out of all the employees that will work for Collin County over the next twenty years only 1 in 4 will actually retire and draw their $2 match.

Listed below are projections, again provided by the TCDRS, which shows the number of future retirees and the average benefits:
2009 281 retirees with an average benefit of $22,269
2010 337 retirees with an average benefit of $23,678
2015 567 retirees with an average benefit of $30,153 which in 2010 dollars amounts to $24,529
2020 782 retirees with an average benefit of $36,230 which in 2010 dollars amounts to $24,815
2025 949 retirees with an average benefit of $44,541 which in 2010 dollars amounts to $25,687.

The dollars that Collin County will pay its future retirees will come from the following areas:
Employee Deposits: 11 percent
Employer Contributions, i.e., Collin County taxpayers: 13 percent
Investment Earnings: 76 percent

As you can see this is a plan that no one will grow rich on nor is it one that is unfair to the taxpayers.

To completely fund this plan Collin County will set aside $40 million over the next 20 years. To put this into perspective, this 20-year figure is less than half Collin County’s yearly $85 million payroll.

This commissioners’ court has taken proactive steps to address this “unfunded liability.” As a matter of fact, this year we took $5 million out of our $132 million in reserves to ensure that this is paid off ahead of schedule.

As this issue of public sector retirement funds becomes a problem for places like California and Illinois, Collin County stands out as a shining example of your local government actually having a handle on this very complicated issue at a minimal cost to the taxpayers.

So when you read postings that 246 county retirees will earn $200,000, that over 40% will earn over $100,000 and that Collin County is $40 million “in the hole,” the bottom line is that they are just not true.

John Adams once said, “Facts are stubborn things.” Hopefully the facts presented here will clear up any confusion that has been stirred up on this issue.

Please plan to attend our budget public hearing on Monday, August 30 at 6.30pm and Tuesday, September 7 at 1.30pm. Both public hearings will be held in the Central Jury Room at the Collin County Courthouse.

Best,

Joe

And from County Judge Keith Self's Facebook page:

The Pension Plan Saga
by Keith Self on Thursday, August 12, 2010 at 8:09pm

Friends,
The world has changed. The private sector has moved almost exclusively to 401(k) pension plans where employees manage their retirement assets in the marketplace.

But government plans have not changed with the times. Our county pension plan still matches 250% and guarantees 7% interest, an unrealistic expectation in the marketplace.

By the way, I just received a letter of clarification from the retirement system in Austin. The letter states that "It is projected that the average current employee will retire with 13 years service. After adjusting for 13 years assumed inflation, the estimated average annual benefit for those employees who will receive a retirement benefit would be $59,634 in today's dollars." If that's correct, it's amazing!

This government pension plan issue is getting attention all over the nation, but changing our retirement system will not be easy. Word is moving quickly.

One fine employee who has served long and honorably with the county wrote that he would make $150 LESS (his capitalization) per month than his current salary if he retired next year. That is EXACTLY my point. When did government retirement start to mean that you make a full salary for the rest of your life? It certainly does not mean that in the private sector.

How many of you would love to see a retirement plan where you receive only $150 LESS per month than your final salary?

I'm getting feedback on lower paid employees. Let's be honest. Lower paid private sector employees may not contribute to a 401(k) at all because they are just trying to feed the family. Yet that same employee is helping pay that 250% match and 7% interest on government plans.

Our more mature private sector workers and retirees have seen their 401(k) plummet in value over the past several years, yet they are also helping pay that 250% match and 7% interest on government plans that are insulated from the realities of the marketplace.

My whole effort is to more closely match our public sector pension plans with private sector pension plans.

This issue reminds me of two previous compensation issues in our county:

1) There was the great "Salary Saga" (Dallas Morning News actually named it) of 2006 when the Commissioners Court voted themselves a 17% pay raise the year before I took office. The court had been taking heat for their longevity pay for over a year. When the court finally cut their own longevity pay and auto allowance, they replaced them almost dollar for dollar in salary. As you can guess, the public didn't take kindly to a 17% government pay raise. Something like 400 folks showed up at a public hearing. After several votes, the court settled on something less than 17%.

2) Collin County used to give 8% pay raises to retirees in this same system that we are discussing. That's right, 8% Cost of Living Adjustments (COLAs) to folks already retired. The state stepped in to stop that several years ago.

One more point: When is someone going to think about the future taxpayers of Collin County? The federal
government is saddling our kids and grandkids with unimaginable future debt and our own county cannot sustain our retirement program. Yet everyone is writing about themselves and their entitlements - does no one care about the future and about our children? The federal government gets all the coverage, but what about our children and grandchildren right here in Collin County? We enjoy a great life here - will it still be available for our grandchildren, or will taxes to support full government salaries for life drive them out?

Do you remember when General Motors was described as a health care provider that happened to make cars on the side? I don't want Collin County to be described as a retirement plan manager that happens to provide public services on the side.

Government retirement should not mean full salary for life. What's so controversial about that?

Sincerely,

Keith

District Judge Ray Wheless sent out an email this week:

Dear Judge Self, Commissioner Jaynes, Commissioner Ward, Commissioner Shaheen and Commissioner Hoagland:

The following information is posted by the County on its official website:

Collin County:

* The fastest growing county in Texas, and one of the fastest growing in the U.S.
* The 6th most populous county in Texas
* Among counties with more than a half-million people, the highest sustained growth rate since the last Census in 2000, at 52.1 percent
* The wealthiest county in Texas

Collin County has experienced major changes since 2000:

* The population has grown by more than 52 percent
* The number of households has grown by 35 percent
* Asian and African American populations have more than doubled
* The Latino population has increased by 85 percent
* The Caucasian population has grown by 35 percent
* Householders aged 65 and older have increased by almost 65 percent

Paychecks & Such

* County residents' per capita income is 28 percent (or $10,000 per year) higher than the national rate
* Our median family income here is almost 34 percent (or $30,000 per year) higher than the U.S. median
* The 2006 county median household income was estimated at $74,051
* Less than two percent of county families were estimated to have received public cash assistance in 2006
* Only four percent of county families were estimated to fall at or below the 2006 federal poverty line ($9,800 annual income for one individual and $20,000 for a family of four)

What is not posted on the County's website is that, notwithstanding our explosive growth and wealth, our criminal justice system has made Collin County one of the safest places in the U.S. to live. And we have done that by attracting top quality personnel.

One of the primary reasons I left my law practice in 2000 and assumed the Bench was the retirement system Collin County offered. With my appointment to the District Court, I personally don't have to worry about the County's plans for reducing its retirement contributions. However, the cuts you make now will affect the type of judges, prosecutors and law enforcement officers the County has in the future. In other words, the total compensation package must be attractive enough to interest the best lawyers from private practice and the best prosecutors from the D.A.'s office to seek out judicial positions. If not, then only the less successful private attorneys will seek the County Court positions and our best prosecutors will choose to enter private practice.

Many of our law enforcement personnel and assistant district attorneys came to work for the County because of the current retirement match. If that is reduced, they may well have less reason to continue to work for Collin County. My bailiff, and every Sheriff's deputy, can earn more working for the Plano or Frisco Police Department than by working for the County. And our assistant district attorneys can obviously earn more in private practice. The retirement package is critical to keeping these high quality employees on board with the County.

In conclusion, we have established a high quality criminal justice system that has made Collin County a very safe place to live. Reducing our employees' benefits sends the wrong message about our priorities.

Sincerely,

Ray Wheless
Judge, 366th District Court
Collin County, Texas

And from Justice of the Peace Judge Terry Douglas

Dear employees,

I am truly disappointed in our County Judge and his push to take away your retirement benefits and to hack away at your insurance benefits.

I am one elected official that understands that you went to work for the benefits that County provided. We all know that it was not for the pay. I for one know that the benefits are what keep quality people in the County in order to better serve our citizens.

When I first applied to Collin County in 1979, I was actually offered a choice between Plano PD and Collin County . I obviously took the lower paying job with Collin County . I started work for Collin County for $880.00 a month, but the County benefits appeared to be better at the time. I know that you too have the qualifications to do the same job at a better paying City government job or with the private sector. If the County Judge gets his way it will destroy not only the morale of the county, but it will destroy the service that we supply to the citizens because our qualified people will seek employment elsewhere.

I am very proud of the job that each of you does and I am sorry that you have become the pawns of what appears to be a political agenda. Just remember that our only voice against radical politics is our vote. Always vote that’s one thing they can’t take away from you.

May God Bless the Employees of Collin County , Texas

Terry Douglas

From Sheriff Terry Box:

A Message From Sheriff Box

Posted on August 24, 2010

I would encourage everyone to attend the public hearing on the 30th at 6:30PM at the Central Jury room and let your opinions be known. I will be there speaking my opinion about how our County Judge is completely using the calculations in an improper manner.

You have to fill out a card to be able to speak at the hearing I would encourage someone to go by the 4th floor Comm. Courts and get several cards or make a copy and have them filled out before the meeting, this will save a lot of time. Your can write your thoughts on the card to be read in Court or you can say you want to address the Court.

You have the right theme we have to stay competitive with our local Police Depts. I am asking all department heads and employees to be at these meeting to make their wishes and opinion known.

from David Smith, Democratic Party candidate for County Judge:

I will address retirement funding. I have walked the walk in this area before. I will be able to address this in a responsible manner from both fiduciary and employee morale perspectives.

The incumbent's recent foray into this is irresponsible for several reasons.

1. He is proceeding with partial information and disinformation.
2. He is proceeding in a manner that is sharply alienating county employees.
3. His conduct appears to be designed to give him a good election issue rather than actual cost reduction.

Although in office for 3 1/2 years, the incumbent apparently came across some information about the county employees retirement program a few weeks ago. He sent some disinformation out about it that was designed to be sensational and inflammatory. He made proposals which were unlawful, demonstrating his lack of knowledge.

In doing this, he also blindsided his employees. Worse, he is rallying his supporters to speak out against employees.

And, while maybe getting what he feels is good press among his supporters, he has been ineffective in implementing his recommendations. Virtually every budget proposal he unveiled a few weeks ago has met one of two fates:
A) Defeated by the full Commissioners Court on 2-3 votes
B) Withdrawn due to being clearly unlawful or unfounded

If you want to implement major changes in a retirement plan as part of an annual budget cycle, objective information about the plan should be circulated, discussed and understood by the decision-makers months in advance. You also need to look at retirement benefits and costs in the context of total compensation and costs. And you need to look at not only your own operation but also the operations of those with whom you compete for employees.

(By the way, a good time to start looking at funding for the retirement plan would have been in 2008, when the economy tanked. Why no interest until now?)

Also, you also need to engage your employees. All of them may or may not ultimately agree on a course of action, but they need to understand what you are doing and why.

Most county services are dependent on people for their delivery. The ability to retain good people and maintain good morale is absolutely essential.

If you are going to successfully implement a compensation change, you need buy-in or a good understanding not only from employees but also from those responsible for the operations (other elected officials and department heads) and the other decision makers (other members of the commissioners court).

Someone recently wrote me to succinctly describe the incumbent's conduct and his reaction:

"I am a Republican but this is political grandstanding for the upcoming election. . . . When your signs are ready, I want one."

Walking the Walk - General Motors and local public sector

In the 80's, I was part of the EDS management team that moved thousands of General Motors information technology workers from a financially unsustainable compensation and benefits package to an EDS package more like the rest of the private sector.

In the 90's, I was part of a two member Finance Committee and eight member City Council that made adjustments to City of Plano employee compensation and benefits to improve city finances while retaining high employee morale and first-class government services.

In the current day, I am prepared to work with all concerned to successfully make any and all needed changes to county employee compensation and benefits, again to improve public finances while retaining high employee morale and first-class government services.

The incumbent does not appear to demonstrate comparable knowledge, experience or commitment.

A few notes about the county employees retirement system in response to the prior disinformation:

First, it should be understood that we are talking about a state retirement system in which county employees participate (not a county retirement system). The commissioners court does have discretion over the employer contribution to employee accounts in that system. Other aspects of the system are set by state law. As the incumbent quickly learned a couple of weeks ago, the county does not have the discretion to replace it with something else nor make other changes. County officials can ask state legislators to make changes. But, if this was not the subject of an interim study, major change is not likely in the coming state legislative session. Certainly, major change cannot take place in the current Collin County budget sessions.

Second, if you look at the system, you may find it is not actually mathematically doomed to failure, etc. See http://www.collincountybuzz.com/index.php?option=com_content&view=article&id=632:collin-county-retirement-facts&catid=85:local-news&Itemid=197 for an excellent article written by Commissioner Joe Jaynes.

In any case, I look forward to examining all aspects of county employee compensation and benefits, again, all with the objective of improving public finances while retaining high employee morale and first-class government services.

And a note about maintaining employee morale:

Disappointingly absent from the recent budget sessions was discussion of cost reductions other than employee compensation and benefits. There was no talk of things such as more paperless filing or home confinement with ankle bracelets (instead of jail confinement), all of which can save taxpayer dollars.

You need employee support and, better, employee initiative to implement such things. The incumbent is apparently not welcoming this.

David M. Smith
Candidate for Collin County Judge

and finally from the "unofficial" Collin County Deputies Association website:

In Defense of Keith Self…
Posted on August 22, 2010
The following is a reader contributed article:

In Defense of Keith Self:

There have been a lot of questions posed to Keith Self regarding how he calculated that 40% of Collin County employees would earn $100,000+ in retirement. Self has stated that this information comes directly from TCDRS, and he is correct it does. If you go to TCDRS.org the homepage has a simple calculator to determine your potential future salary in retirement. According to the website if you start at $49,000/year as a Deputy for Collin County and work for 25 years, then your potential future salary in retirement would be right around $130,000. Well there you have it, Self was correct! It is all right there on the internet.

And now for the rest of the story….

Keep in mind that a financial model is only as accurate as the assumptions used to create it. What Self failed to check were the assumptions. This model on the TCDRS homepage is based on a 5% salary increase annually! At 5% increase/year after 25 years a Deputy would be earning $169,000/year in salary. Obviously, with salary increases like this one’s retirement account would get quite large. As far as I know, no employee of Collin County is receiving 5% annual increases in salary.

Like many before him Self simply fell victim to what he read on the internet without checking his facts. It happens all the time. On another note, I have some oceanfront property in Arizona that would be perfect for Mr. Self if he is interested in buying. I have it listed on Craigslist right now.

and...

The Great Shell Game
Posted on August 28, 2010

Guest Commentary:

On August 18, Judge Keith Self stated on his Facebook page “Yesterday, with our county unemployment rate near 8%, making jobs the #1 issue for our citizens, a majority of the Commissioners Court stood with the taxpayer.” Judge Self felt that lowering matching county retirement contributions, increasing employee medical costs and lowering the tax rate would make Collin Count competitive for businesses looking to relocate.

The tax reduction agreement was August 17. On August 11, the Collin County Business Press published an article stating “The booming North Texas area was home to six of the top 25 cities posting population gains during the past year, according to new U.S. Census Bureau estimates released June 22.” This was published 6 days prior to the vote and was released by the U.S. Census Bureau on June 22, nearly two months earlier.

Where is the panic Judge Self speaks of?

Could it be that these people are moving to Collin County because of the beautiful mountains, white sandy beaches, lush rain forest or Plano’s popular River Walk? Or, could it possibly be that they are moving here because of the explosive job growth created by businesses relocating here, to Collin County, because of the already existing low cost of doing business?

Collin County’s own website states that “People are moving here. Businesses are moving here. And they’re all staying.” What’s happening with the foreclosure rate in Collin County? According to recently published report, it’s down 1% compared to an increase of 3% in the rest of the FW area.

In November, County Judge Keith Self gave this 18-page presentation – Collin County: Still First in Growth — at the 2009 State of the Community. Key words, “First in Growth”. It was a very impressive presentation, honestly.

In response to the one quarter of a cent tax decrease, Keith Self told the Star Local “the decrease will make business look to the county.”

So Keith Self is now taking credit for businesses relocating to Collin County? Was Collin County not doing a pretty good job before he stepped in to save the day?
In an August 11, 2010 article by the Collin County Business Press entitled Pro-business attitude leads to growth, they state “Businesses are always looking to find the low-cost areas to do business, and Collin County always comes out on top.”

Apparently, businesses already thought Collin County was a pretty good place to relocate to before Self’s worthless tax cut, which by the way, will be felt more by losing $25 million in infrastructure dollars than the measly $5.50 savings passed on taxpayers.

I’m sorry, I just don’t, and cannot, buy in to Judge Self’s misguided assessment that this county is in dire circumstances. He has provide virtually no data to support his rhetoric and judging from his confusion of the TCDRS retirement data, I’m not wholly confident in his ability to interpret economic and growth indicators. Future blunders may end up costing this county dearly, just as the current one is bound to do.

It appears that Self is playing a shell game for political purposes. Cut government fat on one hand, and cut taxes with the other. It makes it appear that he saved the county money in both categories but it’s really a wash. The county may be saving by reducing matching retirement funds, but it also loses much needed funds by cutting the tax rate. You can’t spend what you don’t have. In reality, citizens lose because less roads can be built, and county employees lose because they lose a portion of their retirement. It will, however, look pretty spiffy in campaign pamphlets.

Judge Self needs to be held accountable for his decisions that affect not only county employees, but the county as a whole. He may have been a good soldier, but his ability to lead a county is suspect at best. Fortunately, we have three out of four commissioners who can think on their own and who have the best interest of this county, and it’s future, at heart.

Bill

Over the last few weeks, Plano, Frisco, Allen, McKinney and now Dallas have banned the sale of K-2 or "Spice", which has been billed by internet sites and the press as a marijuana substitute, or synthetic marijuana.

A March Newsweek article pointed out that, "Although the federal Drug Enforcement Agency has listed K2 as a "drug or chemical of concern," it isn't officially 'scheduled,' and that makes it legal."

The Newsweek article goes on to state:

"Is JWH-018 [K-2] dangerous? No one really knows. There's not a lot of research on what it does to mice and almost nothing on what it does to humans. Its effects shouldn't be that different from marijuana's, but then, we could argue all day about how dangerous marijuana is."

But as USA Today noted, "Clemson University chemist John Huffman, a research professor whose graduate students synthesized the substance in his lab 15 years ago, says the chemical may be harmful. 'It shouldn't be out there,' he says."

The European Monitoring Centre for Drugs and Drug Addiction released a paper last year, "Understanding the Spice Phenomenon", which seems to be the most detailed study of K-2 that I've been able to find. The EMCDDA explains:

"So far, little is known about metabolism and toxicology of the synthetic cannabinoid compounds. It cannot be assumed that the risks associated with the use of synthetic cannabinoids will be necessarily comparable to those seen with THC, and indeed there are some reasons for concerns that these drugs may have a greater potential to cause harm. Because the synthetic cannabinoids in the ‘Spice’ products have only been tested in the laboratory (in vitro or in animals), the health risk of the inhaled smoke is unknown. In the case of JWH-018, it can be speculated that, due to structural features, there may be a certain carcinogenic potential. Furthermore, accidental overdosing with a risk of severe psychiatric complications may be more likely to occur because the type and amount of cannabinoid may vary considerably from batch to batch even within the same product."

..."What is clear is that further studies are needed to assess these risks reliably."

With or without the science, Sen Florence Shapiro has promised to carry a bill banning K-2 in the next Texas Legislature.

The Dallas Morning New's editorial writer Todd Robberson wrote an article yesterday where he decries the passage of laws prohibiting K-2 without any scientific evidence that it is harmful. Also yesterday, the Morning News editorialized on the issue, calling the Dallas ban on K-2 "premature".

The News summed up its position by stating:

"By all means, let's address the dangers where they truly exist. But before instituting broad-brush bans, we should be guided by science and statistical evidence, not emotions."

The lack of action by the federal and state governments is the crux of the dilemma facing our local municipalities.

The regulation of drugs is usually accomplished at the state and federal levels. But neither the state nor Washington has acted, leaving local officials scrambling to protect their citizens. Data or no data, local elected officials are simply trying to respond to the fears of their constituents.

The lack of any real pharmacological data only heightens the fear and lends it more justification.

Bill

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

City Council's K-2 ban not well considered
August 11, 2010 | Tod Robberson / Editorial Writer
The Dallas Morning News Opinion Blog

I wish actual science had been used in today's City Council debate regarding K-2 and other cannabinoid substances that head shops are currently selling as an alternative to marijuana. Mayor Pro Tem Dwaine Caraway made an impassioned plea for approval of the ban that he and Mayor Tom Leppert proposed, arguing that K-2 poses a danger to children as the latest thrill-seeking way to evade marijuana prohibitions. He likened the danger to "cheese," as if heroin and pot are equivalent in terms of what they do to abusers physically.

The only voice of sanity in this debate was that of Councilwoman Angela Hunt, who calmly asked the city attorney and police chief for statistics about hospitalizations or deaths related to the use of K-2. The answer came back: none, save for one instance in which K-2 was one of many drugs used by a guy who also ingested PCP. Then Hunt asked about calls to poison control related to K-2. Statewide, there had been 119 calls and 6 in Dallas, City Attorney Tom Perkins stated. When asked about hospitalizations, deaths and calls to poison control related to alcohol, it was obvious that they far exceed those related to K-2.

So Hunt suggested amending the ban so it didn't go further than the ban on alcohol sales: if you're under 21, you can't buy it, possess it or use it. She also suggested waiting until either the state or federal governments had passed bans, reasoning that it didn't make sense for the city to pass a ban that is meaningless if you take two steps beyond the city limits into a jurisdiction where it remains legal. No luck.

With Hunt as the only dissenter, the cannabinoid ban passed. The worst that the Food and Drug Administration can say about K-2 is that it has not been approved for consumption. That's a far cry from declaring it "dangerous" as Caraway did. I'd like to see some real science on this. Plus, it's worth considering that there are probably a thousand cannabinoid derivatives, of which K-2 is one. Does the City Council propose to enact a ban each time a new product emerges containing one of these other derivatives?

Legal or not, I won't be trying K-2. But I really would prefer that such laws be based on actual scientific evidence of harm rather than anecdotal evidence and highly emotional appeals.

Link to this article at the Opinion Blog of The Dallas Morning News....

Last week, the Collin County Commissioners Court held an evening meeting. The quarterly evening meetings are an experiment by the commissioners in opening up the county government to citizen interest and involvement.

Some of the evening meetings have been well attended, because the commissioners scheduled important public hearings or discussions for those nights.

Not so last week. The court's agenda was little more than routine consent items. In fact the court session lasted less than 10 minutes from invocation to adjournment - the shortest regular court meeting I remember seeing.

In a plus for the county's open government initiative, only one citizen showed up to watch the non-meeting. I understand that afterwards, Commissioner Jaynes bought the intrepid citizen a cup of coffee, hoping that would help make the trip to Bloomdale Rd. at least a little worthwhile.

This week, the court was back on its regular schedule of meeting at 9:30 AM when only retirees and the unemployed are not busy working. This week's agenda was chock full of items that would have really made the evening meeting interesting.

First came the theater.

Act 1
During the public comments, a Mr. Hostetler and our well known Karl Voightsberger used the comments section to solicit the court's interest in buying what's known as "Life Settlement funds" to increase the yield on the county's retirement funds.

With Life Settlement Funds, investors pay sick, elderly people cash today in return for the money from their life insurance when they die. The sooner they die, the more the investor makes.

Ghoulish, yes... and I didn't miss the irony of funding retiree pay by betting that other old folks will die soon.

Act 2
During the presentation of employee awards, District Clerk Hannah Kunkle presented a 15 year pin to her deputy Amy Mathis. The Observer's readers will remember that Ms. Mathis is under felony indictment for racketeering and theft by a public servant.

This author is astounded at the attitude Hannah Kunkle and the Commissioners Court. The indictment of Ms. Mathis, Patricia Crigger and 4 other deputy clerks has brought shame to our courthouse. All these indicted ladies are still supervising workers in the District Clerk's office -- acting as if nothing is wrong.

Instead of putting these ladies, who a Grand Jury has charged with the commission of multiple felonies and are out of jail on bonds out of sight, the county gives one of them an award. Wow!

If this is how we want to run our courthouse, perhaps the Texas Rangers need to put the Collin County courthouse on a monthly raid schedule.

Later in the meeting, by a vote of 4-1, the commissioners court approved the continuation of the Vote Center experiment for the November gubernatorial election. Commissioner Jaynes voted 'no' saying he had concerns that the Vote Center plan had not matured into the successful "big box" model used elsewhere.

Commissioners Jaynes and Shaheen asked Elections Administrator Sharon Rowe to consider opening an additional early voting location in Frisco and west Allen.

Jaynes also asked that the west McKinney early voting site be moved to a more convenient location.

Judge Self then gave his budget presentation.... the Observer will write more on this in the next day or so.

After meeting in executive session, the court appointed Jane Willard of Celina to replace Paul Wageman as one of the county's two representatives to the NTTA Board of Directors.

Bill

Collin County's proposed fiscal year 2011 budget will be released his week. On Monday morning, County Judge Keith Self will brief the commissioners court on three key proposals incorporated into his budget plan:

• First, is to begin the process of redefining retirement benefits.
• Second, is to begin restructuring employee and retiree health benefits.
• Third, is to reduce the size of the District Clerk's staff.

RETIREE BENEFITS

Collin County participates in the Texas County and District Retirement System -(TCDRS), which is a retirement and disability pension system for county employees in the State of Texas.

TCDRS is a retirement system begun by the Texas Legislature in 1967. It covers county and district employees statewide. Currently all but 2 tiny panhandle counties (Foard County, pop. 1,622 and Motley County, pop. 1,4266) are members of the TCDRS system. Many districts created by the legislature, such as the Collin County Central Appraisal District are also members of TCDRS.

Collin County employees contribute 7% of their wages into the TCDRS and the county matches at 250%. Most local counties match at a lower rate. For example, Dallas County offers a 200% match, and Denton county, 220%.

Selected Texas county TCDRS contribution matches

County	Match percentage
Bexar	200%
Collin	250%
Collin CAD	250%
Dallas	200%
Denton	220%
Ellis	225%
Fannin	200%
Grayson	225%
Hunt	200%
Kaufamn	200%
McLennan	250%
Montgomery	250%
Navarro	175%
Tarrant	200%
Travis	225%
Williamson	250%

The county also offers an optional deferred compensation (Section 457) plan which allows employees to defer taxes on their contributions. The county does not offer any match in the Section 457 plan.

Self charges that under the present plan over 42% of current employees will retire with incomes in excess of $100,000. He also alleges that 500 employees will retire with benefits higher than their salary.

Self also notes that the TCDRS system is an "unfunded liability". Unlike private sector 401(k) plans that require employer matches to be fully funded, the TCDRS merely accrues the match and interest to be paid as monthly benefits.

Judge Self points out that between retirement and medical benefits, unfunded liabilities are approaching $83 million.

Judge Self is proposing that the current TCDRS be scrapped and that it be replaced by an expanded Section 457 plan and with a 401(a) plan that would allow matching above the 457 limitations.

In an email Judge Self sent to his supporters, he explains his goals:

"Monday, I will recommend that the county conduct thorough research on a retirement program called '457', a program for governments similar to your 401k. If deeper examination warrants, the county might be able to move to a 457 program.

"I will also recommend that we model our employee and retiree medical insurance programs like your private sector programs.

"Retiree benefits and retiree medical insurance today have $83 Million in unfunded future debt. And growing."

Critics of Judge Self's plan point out that every county in Texas (except 2) are members of the TCDRS and that the 250% match is a Collin County decision. There is no reason to act like a lone wolf and go it alone, when simple changes, such as adjusting the employer percentage match to more closely agree with surrounding counties.

The critics also note that Collin County is not competing against private industry for its most critical (especially law enforcement) workers, but must compete with neighboring cities and counties for Sheriff's and Constable's deputies and prosecutors. Lowering the benefits package for these individuals below that of our neighbors will make retention of top-quality, experienced officers and recruitment of new officers more difficult.

EMPLOYEE AND RETIREE HEALTH BENEFITS

The Collin County Observer has covered Commissioner Joe Jaynes proposed changes to the employee medical benefits plans.

Judge Self wants to go further - As he says in his presentation, "Recommended overarching principle: Total county cost coverage amount matches what our citizens receive on average, both employees and retirees, using Mercer data."

Currently the 'employee only' cost to employees for the "Premium Plan" is $35 per month. The average for government agencies in the region is $48/month. Jaynes' plan would raise the premium to $50/month.

The Mercer average employee premium that Judge Self wants to attain is $98/month, or a 280% hike in employee cost.

Self also wants to move the retiree medical benefits towards a medigap plan that would supplement, not replace Medicare.

DISTRICT CLERK'S STAFFING

Probably sensing a weakness, Judge Self will propose a dramatic cut back in the staff of the beleaguered District Clerk.

He proposes to reduce the number of clerks by nine, one less for each court. Self also proposes to close the District Clerk's passport office, thereby eliminating another 4 positions.

In his justification, Judge Self notes that while the District Courts and County Courts at Law have similar caseloads, the County Clerk only staffs 2 clerks per court, while the District Clerk requires three.

Self will also recommend closing the County's Passport Office. Calling it a "non-core function", he notes that the office made a $13,261 profit in FY 2009, but that renting out the office space would offset the loss of revenue. Self points out that there are 8 other locations in Collin County that can process passports.

In 2005, the county refused to renew the lease of a passport expediting service that was in the same building as the county's Passport Office. In forcing that small, private company out of business, the court claimed that having two passport operations in the same building "confused the citizens" and the business was, in effect, competing with the county's operation.

Self would also close, as another "non-core function" the county's Substance Abuse Office. Self claims that the office does not offer any services other than referral, and that the money could be channeled into "another established program", without stating what that program would be.

GROWTH AND INVESTMENT

Judge Self is expected to point out to the commissioners that the county's expenses and debt have outpaced the growth in revenue and population. He has not stated how much he thinks the county should invest in future growth rather than simply reacting to increased population only after that population has resulted in more revenue. This, critics charge, is the real weakness in Judge Self's approach to limiting the growth of county government. Planning for growth requires investment in infrastructure they say, and investment implies debt in the form of bonds.

Self will present his proposals at the Commissioners Court meeting tomorrow. The court will meet at the Jack Hatchell Administration Building, 2300 Bloomdale Rd. in McKinney. The meeting begins at 9:30 AM and public comments are welcome.

Bill

=============================
NOTES:

• Keith Self's budget presentation, August, 2010
• Commissioner Jayne's budget presentation on employee health plans, July, 2010
• Large cuts to District Clerk budget to be proposed, CCO, August 5,2010
• Jaynes proposes employee medical plan savings, CCO, August 2, 2010
• County budget shortfall eases - hiring freeze lifted, CCO, July 27, 2010
• District Judges,staff solve Collin County Budget crises??, CCO, July 14, 2010
• Texas County and District Retirement System's homepage
• Collin County employee benefits homepage

The Collin County Observer has learned that County Judge Keith Self's preliminary 2011 budget that will be presented to the Commissioners Court next week will slash the number of personnel in the district clerk's office.

The current FY 2010 budget authorizes Hannah Kunkle's District Clerk office to have 63 employees. The proposed budget cuts 9 Deputy District Clerks and close the passport office, thereby eliminating another 4 positions.

Since the county wide goal of the 2011 budget is no growth, the cut of 13 positions from the District Clerk's office is seen as a reaction to the raid on the District Clerk's office by Texas Rangers last June, and the subsequent indictment of the Chief Deputy and District Clerk elect, Patricia Crigger along with 5 other deputy clerks.

In documents filed with the court, the Collin County DA charges that over a five month period early this year, employees of the District Clerk's office took over 230 hours of illegal paid time off that was authorized by supervisors who falsified time sheets and other systems. Much of this time off was to reimburse employees for taking paid leave to work on Crigger's campaign.

Reacting to the raid, one commissioner told Kunkle, "it appears to me that your office is over-staffed".

The proposed budget will likely be presented to the Commissioners Court on Monday, with budget workshops beginning on August 16. After the workshops, the Commissioners Court will schedule 2 public hearings before final adoption of the 2011 Budget. Until final adoption, any proposal could be changed by a majority of the court.

Documents filed by Texas Ranger A.P. Davidson in order to get the search warrant for the court house allege that Kunkle has maintained a double set of books for over 20 years, granting employees "Free Time" extra holidays, such as "Shopping Day", "Spring Day", Hannah's Freebie", and "Birth Day".

Experts this author has talked to differ as to whether Kunkle had the legal authority to grant paid time off in violation of county policies. Most agree that the legality of the "Free Time" program is a separate issue from falsifying time sheets in order to hide the "Free Time" grants.

The "Free Time" system appears to have grown into a "Blue Book" system of gaining extra paid time off during Crigger's campaign. In a five month period earlier this year, investigators were able track 169 hours being logged into the blue book for 20 employees who worked on the Crigger campaign.

On occasion, Kunkle's "Free Time" would overlap with Crigger's "Blue Book".

Investigators uncovered one such incident where they allege Marcia Simpson used "Blue Book" time to travel during business hours and on the clock with Hannah Kunkle to the Choctaw Casino in Oklahoma.

In all, over the 5 months that were investigated, 56 of the department's 63 employees were the beneficiaries of alleged illegal time entries that promised them a total of 234 additional paid days off for campaigning, "Blue Book" and "Free Time".

Bill

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

Correction:

August 5,2010

I received a call from Monika Arris,the county's budget director who pointed out an error in this article.

The recommended budget will not be presented at the August 9th Commissioners Court, but will be made available on the web at some point next week.

The Observer regrets the error.

Bill

=======================================
NOTES:

• Collin County Fiscal Year 2010 Adopted Budget
  
  
• Affidavit for Search Warrant, signed by Texas Ranger Sergeant A.P. Davidson, June 1, 2010
  
  
• "Notice of Overt Acts of the Combination", Greg Davis, First Assistant Collin County DA, Texas v. Crigger, 401st District Court
  
  

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

City of Frisco proposes property tax rate increase

August 04, 2010
Valerie Wigglesworth/The Dallas Morning News Frisco Blog

The city of Frisco is considering a property tax rate increase due to declining property values.

The city's rate of 46.5 cents would increase to 47.76 cents under the proposed 2011 budget. City Manager George Purefoy said the increase of 1.26 cents would go entirely toward paying debt and not be used for the city's maintenance and operations. The proposed increase amounts to an extra $31.50 a year for the owner of a home valued at $250,000.

Assistant city manager Nell Lange said existing property values declined by 4.3 percent, much of that being in the city's commercial sector. A special fund that sets aside revenues from property taxes in a square mile around Stonebriar Centre mall for public projects, for example, lost about $60 million in value compared with last year, Lange said.

Council members received a brief summary of the budget proposal on Wednesday and will get copies of the full budget on Monday. Public hearings on the budget are scheduled for Aug. 17 and Sept. 7.

Last year, the city manager's office proposed no property tax increase. But council members decided 4-3 to increase the property tax rate by 1.5 cents to fill 17 key vacancies and take less from the city's savings.

Earlier this summer, Frisco ISD announced it would increase its property tax rate by 3 cents, pushing the overall tax rate to $1.42 per $100 assessed valuation for the next school year. This represents a 2 percent jump, or about $75, for owners of a home valued at $250,000.

link to this posting at The Dallas Morning News Frisco Blog....

Several members of the Commissioners Court have made it clear that they want to take a hard look at county employee benefits this year. County Judge Keith Self and Commissioner Matt Shaheen both have stated on several occasions that they thought that the county plans should come closer to mirroring those offered in private industry. Commissioner Hoagland has lately railed about the county subsidizing premiums for employees' family members.

The Jaynes plan. (Click image for full presentation)

The Commissioners Court has also stated its concern over the growth of "unfunded liabilities". These are payments due in the future, mostly for retirement benefits. Estimates of the scale of these future unfunded liabilities range from $40 - $80 million.

At last Monday's court, Commissioner Joe Jaynes offered some ideas to reduce the county's liability for current employees medical plans. His plan would move the county more in line with the median plans offered by other government bodies in Texas.

Currently, the county offers two plans to its employees and their families. The "Regular Plan" costs an employee $10 per month and up to $200/month for family coverage. The "Premium Plan" costs $35/month for the employee only and rises to $290/month for families.

Collin County's employee paid premiums range close to the lower third of comparable government plans in Texas.

Commissioner Jaynes plan would raise employee premiums a modest amount -- from $10 to $40 per month depending on the coverage and family. The premium increases will, in Jaynes words, "more closely align Collin County to the averages and save approximately $375,000" per year.

Jaynes also proposes:

• Raising deductibles by $250/yr thereby saving the county $425,000/yr.
• Eliminate all "Out of Network" benefits for a savings of $500,000.
• End all coverage for any dependent who is covered by another plan. This would save the county an estimated $300,000.
• Increase copays for specialists in Premium Plan by $10 for an annual savings of $400,000.

The total savings in the 2011 budget would be about $2 million.

Commissioner Jaynes reminded the court that the county had some employees who are, "bringing home less than $400 per week." He offered these changes as the least expensive alternative to large employee premium hikes. Jaynes will also ask the court to increase the "Pay for Performance" pay increases to 1.5% to help cushion the effect of the increase in medical insurance costs.

Commissioner Jaynes also spoke about the medical benefits offered to retirees. Currently the retirees get the same plans as employees, resulting in huge unfunded liabilities. Commissioner Jaynes reminded the court that when the retirement plans were first set up, the intent of the Commissioners Court was that Medicare be the primary insurance with the county supplying a "medi-gap" policy to extend the basic Medicare coverage. Jaynes proposed that the county look to returning to that model. In the meantime, he proposed that retiree premiums rise with the employee premiums.

The discussions on employee health benefits are part of the discussions leading up to the 2011 Budget meetings, slated to begin this week or next. (Although no budget meetings are presently scheduled on the county's website)

There will be more preliminary budget discussions at the Commissioners Court meeting tonight. The court is meeting at 6:00 PM in the Jack Hatchell Administrative Building, 2300 Bloomdale Rd. in McKinney.

The meeting is open to the public. Public comments are welcome and are usually allowed at the beginning of the meeting.

Bill

Last year, the local media wrote of the perceived slow progress in completing and opening The Plano African American Museum (PAAM), which is in the Douglass neighborhood near downtown Plano.

The museum is housed in the restored historic former home of John Thorton, who was born into a sharecroppers life, but who later became a successful businessman. The museum has spent over $400,000 in restoring the old Thorton home and in setting it up as a museum of African American life in Plano.

Last year PAAM received $145,000 from Plano's Heritage Commission. It also raised another $125,000 from other granting foundations. This year, the PAAM has asked for an additional $245,000.

Justin Nichols, a former chair of the Plano Heritage Commission has resurrected last year's controversy by sending a "public comment" letter to the commission a couple of weeks ago.

In the interest of furthering public debate, The Collin County Observer asked for and received permission from Mr. Nichols to publish his letter to the commission. The Observer then asked the Board of the Plano African American Museum to respond.

Printed below are the unedited texts of both sides of the discussion; Mr. Nichols letter and the PAAM Board's reply.

Bill

July 21, 2010
Heritage Commission
c/o Mrs. Liz Casso Hersch
Heritage Preservation Officer
City of Plano
1520 Avenue K
Plano, Texas 75074
Via Email

Re: Public Comment on FY 2011 Heritage Preservation Grants

Dear Chairman Chaput, Vice Chairwoman Quaintance-Howard, and Commissioners:

I am writing to submit my comments to the Commission on the FY2011 Heritage Preservation Grant applications which you will consider on July 20-21, 2010. I regret that I cannot appear before you in person, but I hope you’ll consider my comments and concerns.

As a former member and chair of the Commission, I know that a difficult task lies before you. Indeed hundreds of thousands of public dollars, and best way in which to use those dollars to promote heritage tourism in Plano, rests upon your discretion and judgment. So, first, I want to thank you for your service to the city and for your dedication to this difficult process.

I am writing specifically about the application for more than $245,000 from the Plano African American Museum (“PAAM”). As a Plano taxpayer I have significant concerns about PAAM’s requests, and I have outlined my concerns below:

Repeated Failure to Abide by Heritage Preservation Ordinances

On November 30, 2004, at my first meeting to sit on the Commission, we considered an application by PAAM for a certificate of appropriateness (“CA”) for a new roof on the Thornton House. Notably, the roof was already installed before PAAM applied for a CA. The Commission and staff chastised PAAM for its disregard for the CA process, and PAAM’s leadership assured the Commission that it would comply in the future.

It’s important to note that, while the membership of the Commission has changed since 2004, the leadership of PAAM has not changed since that time.

And recently, as you are likely aware, in October 2009 the Commission was again asked to approve an after-the-fact CA for a granite sign which had already been installed. The leadership of PAAM, alleging an oversight, blatantly failed to comply with the CA requirements – again. It is hard for me to believe that one can “accidentally” forget about the CA process twice in a five year period, particularly with such large projects as a roof and a granite sign.

It is my opinion that the leadership of PAAM either refuses to learn, or more likely, refuses to comply with the basic Commission procedures which are imposed upon every other business, resident, and
organization in a historic district or historically designated structure. PAAM’s persistent disregard of heritage preservation ordinances should be taken into account when making this year’s grant funding recommendations; especially since the other applicants consistently adhere to basic rules and ought to be rewarded for their strict compliance with same.

Failure to Meet the Objective of Promoting Heritage Tourism

I’d ask the Commission to keep in mind that the heritage preservation grants have a primary goal – to increase heritage tourism in the city of Plano, thereby sustaining our city’s tax base. And, while there are other objectives ancillary to the tourism mandate, the main objective should be the promotion of heritage tourism. PAAM fails to meet this goal.

First, PAAM doesn’t provide any substantive information to the public or to prospective visitors. For example, its Website is defunct. There isn’t as much as a phone number on PAAM’s Website. The “Gallery” page consists of a single picture of the Thornton House, and other pictures from the Douglass Community Art Wall, which was not a project associated with PAAM. The “Events” page lists only a November 2009 “Holiday Fun Run,” which was not funded through heritage grants and doesn’t relate to the museum or the Thornton House. Its “Community” page is listed as being under construction. The “Exhibits” isn’t functional, and the “Home Page” provides only basic narrative. PAAM’s Website does not list any hours of operation, directions to the museum, or even a phone number or address. In this sense, PAAM is failing to take even basic, and free, steps to promote tourism.

Secondly, PAAM has failed to carry out even non-Thornton House events which would promote tourism. You’ll note that for FY2011 PAAM has requested $20,000 for an “Underground Railroad Symposium.” However, also note that for FY2010, this body granted $10,000 for the exact same symposium, which was supposed to occur in the spring of 2010, but never happened! And now, PAAM is asking for twice the money for an event it failed to host when it was funded last year, and has provided no evidence as to why the symposium would now cost twice as much as its previous request or how the previously granted funds were spent.

It seems to me like PAAM consistently bites off more than it can chew. You’ll hear sound bites like “a museum without walls,” an “all volunteer board,” and being “open for business,” but the fact of the matter is that other organizations in Plano are holding truly regular hours of operation, providing ample information for an interested public, and have a clear scope of their mission and function – all for equal or less than the money PAAM seeks!

PAAM Continues to Increase Funding Requests Without Increasing Return

In recent years PAAM’s funding requests have begun to rival those of the Heritage Farmstead Museum and the Plano Conservancy. But, as I’m sure you’ll note, PAAM hasn’t nearly the public presence or reputation as the other two largest heritage organizations in Plano. And, while I’m not asserting that Plano’s heritage should be limited to only two main organizations, I would argue that if an organization is going to ask for the similar amounts of money as the “big boys,” then it should plan on providing the same level of service. PAAM doesn’t. While much younger than the Heritage Farmstead, PAAM’s only a year younger than the Interurban Railway Museum, and both the Farmstead and the Interurban have concrete, established, and functioning programs which absolutely dwarf, in size and scope, the much smaller PAAM – but who is requesting the same dollars.

In 2007 PAAM asked this body for $79,000 dollars and suggested that it would do everything in its power to open its doors soon, but no dates were given. Out of frustration with the history of slow progress by PAAM, this body recommended a funding level of $20,000. It was my job then, as it will be Chairman Chaput’s job, to present the Commission’s recommendations to City Council. PAAM showed up at the budget hearing to complain, but this time, just two months after the Commission had met, PAAM had refined its budget request to a more modest $49,000 for the same projects and PAAM promised a firm open date of October 1, 2008. That date came and went, and PAAM still wasn’t open for business.

Plano is facing extraordinary budget challenges. And while I realize that, per the ordinance, hotel/motel tax revenue cannot be diverted to the general fund, it is essential that the Commission do its part to ensure that every dollar being spent on for heritage preservation is likely to bring folks to Plano to shop, eat, visit, and stay. It is my opinion that, of all the applicants, PAAM is in the furthest position to positively affect tourism in Plano – especially given its exorbitant monetary requests which have not yielded any proportional return in the past.

PAAM’s Historical and Continued Lack of Fiscal Responsibility

PAAM typically fails to meet quarterly reporting deadlines at least once per year. These reports may be cumbersome upon recipients, but they are a necessary step to ensure the Commission’s goals are being met and that recipients are doing as they promised. Much can be inferred about PAAM’s respect for the grant process by its regular failure to make timely reports.

Also, as the minutes reflect, many Commission members, past and present, have repeatedly exhibited frustration with the lack of timeliness in completing funded projects. It seems that, while commissioners consistently request more timely completion of funded projects, PAAM only offers endless explanations and excuses, which at the end of the day, doesn’t change the long history of not completing projects on time, if at all.

Thirdly, PAAM has failed to provide the Commission with a certified audit which is required of all other grant applicants. While PAAM has offered unrelated memos from city staff, the requirement for applicants is clear – a certified audit must be submitted – period. Yet again, PAAM appears to be asking for special treatment and, in effect a waiver, from the Commission on important financial control procedures. I would urge the Commission not to excuse PAAM.

Fourthly, I continue to be disappointed by the lack of non-city funds procured by PAAM. While we can talk about the cancellation of past debts (i.e. mortgages), the Heritage Commission has never been asked to service debts used for the purchase of land. PAAM’s funding requests continue to increase and are not offset by sources outside city funds. As you’re likely aware, a key element of each application is how much of an applicant’s funding comes from the, as well as the length of time on which an applicant has relied on city funds. The trend suggest that the newer an organization, the more likely the Commission is willing to accept more reliance on city funds. But the expectation has always been clear: as they age, applicants need to become less sufficient on city monies. This has categorically not been the case for PAAM, and I feel that continued funding by the city only perpetuates PAAM’s reliance on same.

Finally, the projects for which PAAM has applied for funding this year lack any specificity, and it appears that PAAM’s leadership is content with explaining tens of thousands of dollars of requests under the broad descriptions of “operational” and “service specific.” Surely PAAM could have provided more details to aid the Commission in making a more educated decision. PAAM’s lack of transparency in this grant application, like its other applications, raises many concerns about exactly how money has and will be spent.

Conclusion

Commissioners, I want to assure you that this was a difficult and unpleasant letter to write. I take no pleasure in highlighting the shortcomings of an organization that started with a well-intentioned and ambitious mission. But, these are tough times, and no application should receive a less stringent review, be granted an unwarranted exception, or served with an uneven hand when dolling out public funds.

I urge the Commission to refrain from recommending funding for anything except what is necessary to keep the power and water on at the Thornton House, and to ensure its security. I feel that any additional funds sought by PAAM should be pursued directly from City Council, and should be made to compete with the rest of the city’s budget challenges.

I thank you for your service to our city, and for your consideration of my thoughts.

Sincerely yours,

JUSTIN P. NICHOLS

And the statement of the Board of The Plano African American Museum:

July 27, 2010

Via email
Mr. Bill Baumbach
Collin County Observer

Re: Response to July 20, 2010 letter from Justin Nichols to City of Plano Heritage Commission concerning the Plano African American Museum

Dear Mr. Baumbach:

On Friday, July 24, 2010 you called T.J. Johnson concerning the above-referenced letter you received for your publication, the Collin County Observer, and you offered an opportunity to respond. Having reviewed Mr. Nichols’ letter, the Plano African American Museum (PAAM) Board of Directors (BOD) do appreciate the opportunity to respond to Mr. Nichols’ letter.

To our understanding, as a former member and Chair of the City’s Heritage Preservation Commission, Mr. Nichols was charged, as is subsequent Heritage Preservation Commissions, primarily with the mission and responsibility to protect and preserve every aspect of the history and heritage of the Plano community, including our diverse communities. In our view, Mr. Nichols’ letter does little, if anything, to serve this mission. If Mr. Nichols truly was concerned for this mission and, particularly PAAM’s efforts toward the mission, it would seem more logical for Mr. Nichols to first contact PAAM with his issues and concerns, with his thoughts and suggestions, including any indication of what he himself was willing to do to help. It would be more useful for Mr. Nichols to at least have visited the museum and researched his claims and concerns. Instead, we have only ever personally heard from Mr. Nichols on one occasion (outside of a formal commission meeting), which will be discussed later and he has not visited the museum, certainly not within the last four years. And, instead of acknowledging and helping PAAM to celebrate the efforts and accomplishments which have been made toward the Heritage Preservation Commission’s mission, Mr. Nichols chose to nitpick and criticize the efforts of PAAM’s BOD with mistruths (some would say lies), half –truths or distortions of the truth, inaccuracies, innuendo and negative implications.

Consequently, before we address Mr. Nichols’ broad generalizations and issues and misinformation, we must put this response and Mr. Nichol’s comments within the proper context of the facts. Most of these facts are available, as a matter of record in the minutes of the City Council or the minutes of the Heritage Preservation Commission.

1. Around 2002, there were discussions and efforts to move the Thornton House to another location near 12th street and Avenue I. The Plano Conservancy, a long-time recipient of City grant funds, sought City funds, $20,000, for this purpose. However, the Thornton House was not moved and, to PAAM’s knowledge, those funds were never applied to any efforts on or for the Thornton House nor were any of these funds distributed to or on behalf of PAAM.
2. In 2004, the PAAM BOD included Myrtle Hightower, John Hightower, Ben Thomas and T.J. Johnson. The Chair of the BOD was Charles Grigsby of Frisco, Texas. The PAAM BOD appointed T. J. Johnson Chair in the fall of 2004. The current BOD: T.J. Johnson, Dollie Thomas, Bob Drotman, Angela Fisher, Ron Jones.
3. Between 2004-2007, Ted Peters, then Executive Director of the Heritage Farmstead Museum (HFM), a long-time recipient of City grant funds, worked closely with PAAM to restore the Thornton House and, as he had done with the restoration of HFM properties (i.e. The Young House, the Farrell-Wilson House), he used his experience and preservation knowledge to guide PAAM’s efforts to restore the Thornton House. Mr. Peters was the project manager for the restoration project.
4. Between 2004-2007, Ted Peters and HFM included a request for funds for restoration of the Thornton House, as a line item in its grant applications and Ted Peters (as the project manager for the Thornton House Restoration Project and until his death), directed the application of City funds and the restoration efforts. No City funds were requested or received by HFM for any other PAAM project or program, except for Thornton House plans or restoration. A total of $88,721 was awarded to HFM and funds were applied for this purpose.
5. The first City Grant award to PAAM (2008-2009) $159,798 ($98,000 for operations and maintenance, including salary, utilities and contracts and $56,798 for projects and programs – building sprinklers, oral history, museum design, Thornton House interior restoration). All projects funded were completed as planned. No funds were requested for exterior restoration since the exterior restoration was completed in the previous grant year, as planned with HFM. This was the first City grant application by the PAAM BOD and the first funds requested or received for operations and maintenance of the museum.
6. The second City Grant award to PAAM (2009-2010) $145,000 ( $92,800 for operations and maintenance and $50,000 for projects and programs – museum design and an Underground Railroad Symposium).

In his letter Mr. Nichols first alleges: Repeated Failure to Abide by Heritage Preservation Ordinances. He describes two instances involving applications for certificates of appropriateness (CA) “after the fact,” one in November 2004 for the new roof for Thornton House and one in 2009 for approval of the granite museum sign. However, he does not mention the number of other PAAM applications for CA’s or the fact that in 2004 the request he describes was made to the Commission by Ted Peters on behalf of PAAM where PAAM BOD members were present in support and Mr. Peters was specifically chastised for the “after the fact” CA because of his experience with the commission as a long-time representative for HFM and because of Mr. Peter’s experiences with “after the fact” CA applications (a fact which Mr. Nichols knows because he was at the meeting). In October 2009, concerning the granite sign, PAAM board members did attend a commission meeting and offered their explanation for the “after the fact” request. The Heritage Commission approved the granite sign as appropriate.

Mr. Nichols’ next allegation was: Failure to Meet the Objective of Promoting Heritage Tourism. He alleges that PAAM fails to meet the primary goal “to increase heritage tourism in the city of Plano.” He specifically points to the PAAM website and states that PAAM has not carried out a non-Thornton House event. First, Mr. Nichols has never visited the museum or Thornton House and has no clue as to what has been accomplished by PAAM or how PAAM promotes tourism. For example, in the past year Thornton House has enjoyed a number of visitors, including youth groups, teacher groups, small and large groups. PAAM has had a number of requests from groups to tour, such as family reunions and youth groups. For further example, last year PAAM hosted a Holiday FunRun? and Family Fest on November 21, 2009 at the Oak Point Park in Plano. This was also advertised on the DART public transportation system, inviting surrounding areas to come to Plano on November 21. We have also been told repeatedly that part of the interest in Plano by the National Underground Railroad Freedom Center in Cincinnati and the U.S. Department of Interior’s National Park Service’s Underground Railroad Program is PAAM’s enthusiasm and promotion for Plano “as the place to visit.” PAAM has been selected by both organizations as affiliates, an honor and significant accomplishment, to say the least, for PAAM’s small and dynamic BOD.

Next, Mr. Nichols alleges: PAAM Continues to Increase Funding Requests Without Increasing Return. Mr. Nichols expresses concerns that PAAM’s funding requests rivals the HFM and the Plano Conservancy (we assume this reference is to the Interurban Museum), that PAAM does not have the presence or the reputation as the “big boys” and that PAAM does not have the concrete, established or functioning programs as HFM or the Plano Conservancy. As a former member of the Commission, Mr. Nichols knows this comparison is inappropriate. First, 2010 is only the third year that PAAM has requested City funds for operations and maintenance to help PAAM establish the museum at the Thornton House and only the second year that PAAM has received funds for operations and maintenance. Mr. Nichols distorts the truth as he compares PAAM to the (25+ year old) HFM and the (15+ year old) Interurban Museum since, as he is aware, the “big boys” (as Mr. Nichols describes) have very different developmental histories than PAAM. For example, the City owns the land under the HFM properties and owns land and buildings at the Interurban Museum (which is only managed and operated by the Plano Conservancy). Both organizations, under appropriate staff including Executive Directors, were primarily concerned at start-up only with maintenance, displays, exhibits, programs and projects. Unlike these organizations, PAAM, at start up (with a small volunteer BOD and no Executive Director) has had to concern itself with securing the land and buildings, including financial, structural, historical preservation and restoration, before it could focus more heavily on programs and projects. As Mr. Nichols is also aware, all City funds requested prior to 2008 by HFM for PAAM were for the Thornton House only, particularly for restoration but no funds for operations and maintenance. Mr. Nichols distorts the truth, knowing that PAAM is not “only a year younger than the Interurban Railway Museum.” Over fifteen years ago, the Interurban Museum opened its doors for business, with two fulltime staff and HFM with even more staff. Initially, for a number of years (for operations, maintenance and programs) HFM received all of the City funds earmarked for heritage preservation and subsequently Interurban shared those funds and now, for the last two years, PAAM has shared those funds but all three organizations, even today, depend on City funds for more than 85% of their operations and maintenance budgets. PAAM opened its doors with a part-time administrator, in 2008, without an Executive Director. The basic premise is this: If there had been a way to acquire sufficient funds or resources in the beginning, as the other organizations, to secure the property, in all aspects, and to hire full time personnel to recruit volunteers and seek other funding, PAAM would be further along in its development. Instead, with limited funding and resources PAAM has taken an incremental approach designed to methodically and carefully lay a solid and long-lasting foundation for PAAM to get the museum fully operational, i.e. facility first. No doubt both HFM and the Interurban Museum built their programs and offerings over time, much the same as PAAM.

Concerning the 2007 presentation before the Heritage Commission and the City Council, once again, Mr. Nichols, distorts the truth. In June 2007, just after Mr. Peters had passed away, Chuck Laenger, then Interim Executive Director for HFM and T.J. Johnson for PAAM appeared before the Heritage Commission concerning the HFM City grant application. Appearing for the presentation, were PAAM and HFM board members and Jerry Kolesiack, Habitat for Humanity/Project Manager for the Thornton House restoration project. Prior to the presentation, Mr. Nichols sent a number of messages (through others including Chuck Laenger and Dollie Thomas) to T.J. Johnson that “Ms. Johnson had better call [him] immediately or he would make sure that PAAM got nothing.” He did not directly call Ms. Johnson. When Ms. Johnson reached him and inquired of the “urgency” Ms. Nichols indicated that he wanted to visit about the presentation. There was no mention of “frustration with the history of slow progress…” Mr. Nichols did indicate that he was running for City Council and wanted to know if Ms. Johnson would support him. Ms. Johnson congratulated him on his decision to run without comment or commitment concerning any support. At Mr. Nichols’ presentation to the City Council, there was also no mention of “frustration with a history of slow progress…” and the City Council did award additional funds for the only project which HFM/PAAM had requested, the restoration of the Thornton House. Following the presentations, Mr. Nichols approached Ms. Johnson and Ms. Thomas, again reminding them that he was running for City council and hoped for their support. The ladies again congratulated Mr. Nichols without further comment or commitment to his campaign. Mr. Nichols lost his bid for City Council.

Next, Mr. Nichols alleges: PAAM’s Historical and Continued Lack of Fiscal Responsibility. He explains this claim by asserting that PAAM “typically fails to meet quarterly reporting deadlines…,” fails to timely complete funded projects, PAAM “failed to provide the Commission with a certified audit” as required of other grant applicants and PAAM has not procured non-city funding. PAAM has missed two deadlines in the two years it has received City grants, hardly typical. Instead of this broad generalization, Mr. Nichols should have identified the specific projects to which he refers. As of this date, except for the Underground Symposium I, every project for which PAAM has received City funding has been timely completed. PAAM could not host the symposium which was previously scheduled for February 2010 because PAAM did not receive City funding until February 2010 and, therefore, could not commit funds for the symposium which had not yet been received. Again, a mistruth: the City does not require a certified audit for grant applications. An applicant has the option of submitting documentation certified by a CPA, which PAAM has submitted, just as other grant applicants. Unlike other organizations which have had financial issues, PAAM has been subjected to a number of city audits resulting in memorandums of no findings. Furthermore, as of December 31, 2009, PAAM had acquired significant non-city funding and enough non-city funding to pay-off the debt for the block of property from the corner of 13th Street and Ave H to the corner of 13th Street and H Place.

We are perplexed with Mr. Nichols’ letter and the unsubstantiated claims he makes, including his suggestion that PAAM seeks some exception. We are at a loss to explain his mean-spirited, negative and, seemingly vindictive and angry approach. We cannot understand why he seems so angry with PAAM, except perhaps he felt unsupported by PAAM board members in his failed attempt at the City Council. And while we applaud and admire any citizen who seeks public office and public service, we still believe that one had nothing to do with the other. The fact is that PAAM seeks no exceptions. To the contrary, PAAM simply seeks to be treated fairly, reasonably and consistently with other organizations. PAAM’s “well-intentioned and ambitious mission” to help support heritage preservation in Plano and the surrounding area should be supported, as with other organizations. PAAM’s goal is to complement the efforts of our community of museums by encouraging the research, review, preservation and appreciation of the heritage of the diverse communities and cultures in Plano, the All-American City. At the very least, PAAM’s efforts should be applauded and encouraged and should not be disparaged as with Mr. Nichols’ mistruths, inaccuracies, half-truths and negative implications, which certainly do not serve the heritage preservation mission which Mr. Nichols, as least on one occasion, swore to uphold. PAAM serves a significant and important role in the preservation of heritage in this area and has already proven its ability to bring attention and interest in the Plano community. Certainly, it is irresponsible to base his urgings to the Commission to refrain from full support and funding for PAAM on little more than mean-spirited and negative implications, not based on fact or firsthand knowledge of PAAM or the Thornton House.

We invite you to visit the Thornton House at 900 13th street (open from 10:30 am to 1:30 pm Monday, Tuesday, Thursday and Friday), visit the website at www.aamplano.com and judge for yourself. Like other organizations, you will not see perfection but you will see the results of the efforts and accomplishments thus far of a small but strong and dynamic board of directors and the volunteers and staff that support them. We are always open to constructive feedback, ideas and volunteer assistance and we appreciate the opportunity to serve Plano in this very special way.

Best regards,

Board of Directors
Plano African American Museum

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

NOTES:

• Mr. Nichols Letter (pdf)
• The Board of Directors of PAAM letter (word doc)
• The PAAM FY 2011 Grant request (personal data redacted by The Collin County Observer)(pdf)

Collin County's Budget Director, Monika Arris, told the Commissioners Court Monday that the final appraised values of all properties in the county was substantially higher than projected.

The result of the higher than expected valuations mean that property tax revenue is expected to decline by about 1.5% or $2.7 million. Earlier projections had led the court to expect a tax revenue shortfall in excess of $7.5 million.

Still missing from the revenue projections are the county's estimate of 2011 fines and fees. Fines and fees, along with investment income, interest and miscellaneous income account for about 40% of the budget and in recent years have trended down.

After hearing the latest estimates, several commissioners noted that the reduced tax shortfall, combined with the District Judges, Auditor and Purchasing Agent's suggestions for reducing the budget, have eased concerns of the county not being able to balance the FY 2011 budget without draconian cuts. They then voted 4-0 to lift the hiring freeze imposed earlier this year.

Bill

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

The Dallas Morning News has published an article on the county budget and the certified tax roll. Ed Housewright's article does a good job comparing the county with a few of its cities. You can read the article here.

Bill

Last week, the District Judges, the County Auditor and the Purchasing agent presented 10 proposals to lower the fiscal year 2011 budget.

Proposal #3 was:

"Utilize the District Attorney's Office for Legal Advice-In FY2010 our budget line item for legal advice is $800,000. By hiring one or two attorneys in the DA's Office or, better yet, a restructuring of that office would allow the DA's Office to handle everyday legal matters for the county. Savings: $500,000."

Some members of the Commissioners Court noted that the next elected District Attorney would have to agree with the idea before the court could act on it. So The Collin County Observer asked Greg Willis, the Republican nominee and Ralph de la Garza, the Democratic nominee their position.

Specifically we asked both candidates:

"If elected, would you be willing to serve as the County’s attorney in civil matters? Would you support the concept of moving routine county legal business “in house”?"

I am pleased that both candidates replied with thoughtful comments. Below are their complete and unedited responses. (in alphabetical order)

Rafael de la Garza II, Democratic nominee for Collin County Criminal District Attorney --

"Last week, you posed a question "if elected, would you be willing to serve as the County's Attorney in Civil matter"? "Would you support the concept of moving routine legal business in house"?

"To both questions, the answer is Yes.

"We need to keep up with the times and it is now time to have a real Civil Division in the Collin County D.A.'s office to handle Advisory opinions, Tort Claims, "1983" issues, Asset Forfeiture and Bond Forfeiture issues. Collin County D.A.'s office would need at a minimum of two attorneys and one support staff. This could save the County as much as $500k per year. However, from time to time, outside counsel may still be needed to handle complex cases for which we do not have the expertize and areas where we have a conflict."

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Greg Willis, Republican nominee for Collin County Criminal District Attorney --

"Generally speaking, yes to both questions.

"A couple of reasons come to mind. First, Texas law provides that the DA represent the county in court as well as render advice to county officials upon request. Second, it could potentially save taxpayer money.

"As to the first reason, Texas law requires that “the criminal district attorney of Collin County . . . . [s]hall represent the state in all criminal and civil cases in the courts in the county unless otherwise provided by law.” Tex. Gov’t Code 44.143(a). The law also vests the criminal district attorney with “all the powers, duties, and privileges in Collin County relating to criminal or civil matters involving the county or state that are conferred by law on county and district attorneys in the various counties and districts.” Tex. Gov’t Code 44.143(b). One such duty: “A district or county attorney, on request, shall give to a county or precinct official of his district or county a written opinion or written advice relating to the official duties of that official.” Tex. Gov’t Code 41.007.

"Texas law also sets out instances where the DA is to represent county officials and employees if they get sued by an entity other than the county. Tex. Local Gov’t Code 157.901(a) provides that any county official or employee sued for an action arising from the performance of a public duty is entitled to be represented by the district attorney or county attorney. Naturally, if an official or employee who is eligible to be provided legal counsel under Subsection (a) is accused of an act that may form the basis of a criminal charge against the official or employee, then under 157.901(b) that official or employee would be entitled to have the commissioners court employ and pay for private counsel and the District Attorney's office would not be representing such individual.

"As to the second reason, the concept is attractive. But because I’m not currently privy to all the matters for which the commissioners have hired outside counsel, I’m not in a position to guarantee any savings. The commissioners, as stewards of our taxpayer dollars, need top-flight legal advice. Sound advice, well-heeded, should save substantial taxpayer dollars over the long haul. To render timely and wise advice to any county official, I believe we would need to hire bright, experienced lawyers well-versed in governmental civil matters. So I’m hopeful we could realize savings for the taxpayer but I can’t be sure until I know exactly what matters the county has before it."

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Bill

It's been over 5 years since former Marine Ronnie Foster got together with some friends and a McKinney City Council member to come up with a plan to design and build a memorial to those local servicemen and women who gave their lives for our nation.

On Monday, the Collin County Commissioners Court approved a $300,000 grant for the Memorial Park. Those funds when added to what had already been donated by the City of McKinney and many other donors, represented the final sum needed to finance the $1.3 million memorial.

The memorial, located on a quarter acre site in Town Center at Craig Ranch will feature an American flag that will be lighted and will fly 24-hours a day, as well as a fountain. The names of the Collin County fallen will be listed on the walls in that area. A ribbon-like walkway will extend from one end to the other. On the east end, a Shumard Red Oak tree will be planted and dedicated to each branch of the Armed Forces.

According to Mr. Foster, ground breaking on the Collin County Veterans Memorial Park in McKinney could begin in October or November.

Photos and plans for the memorial can be seen on Mr. Foster's Collin County Freedom Fighters website.

Bill

This year Collin County, like almost all governments in the country, is facing a budget shortfall caused by declining property values and reduced income from interest, fines and other sources.

However, most agree that our county is far better off financially than most other cities, schools and counties. For one thing, property values have not fallen that much here - in fact due to reduced valuations, the typical Collin County homeowner will only see a $5.03 reduction in next year's county tax bill.

Also, the county is sitting on a huge financial reserve of over $125 million. These reserves are sufficient to fully fund the county's operations for over 200 days.

The latest figures given by the budget office show a potential shortfall somewhere between $1.2 million and $7.5 million out of an approximate $200 million budget.

Commissioner Jaynes has argued that no such drastic actions need be taken - that careful budgeting and some use of the surplus $125 million will more than insulate the county from a shortfall, while protecting public services.

But some on the Commissioners Court, believe that the county needs a dramatic cut back in expenses - and they would start with employee insurance and other benefits. Judge Keith Self and Commissioner Matt Shaheen have been leading the effort to review all benefits with the goal of reducing the county's future liabilities. (Collin County is self insured.)

Commissioner Jerry Hoagland also wants to look at the employees insurance package. At Monday evening's budget discussion, Referring to spousal and child coverage, Hoagland with his usual tactless style made an issue over the fact that Collin County taxpayers were subsidizing insurance for lots of people who, in his words, "don't even work for the county".

Joe Jaynes dryly remarked that he wasn't about to vote to kill insurance for kids.

(I will note that Mr. Hoagland is not advocating cutting benefits for retirees. Since he is retiring at the end of the year, and since his wife has already retired from county employment, the county's many retirees can rest assured that Jerry will protect their insurance package.)

Another budget item proposed for cutting is the employee "pay for performance" increases. Commissioners Jaynes, Hoagland and Ward want to protect the pay for performance program and allot a minimal (perhaps 1.5%) increase, while Self and Shaheen have indicated they are opposed to any employee raises this year.

A couple of months ago, Judge Self requested that a memo be sent to all departments asking them to not only submit "zero growth" budgets, but to also identify where cuts could be made. Joe Jaynes objected, instead he proposed that the employees themselves be given an opportunity to identify potential savings in expenses.

Both Self and Jaynes sent out their memos.

Monday night, the county's District Judges replied to Commissioner Jaynes request for suggestions. The judges, who to the best of my knowledge have never involved themselves in the county's operational budget (except as it applies to the courts) asked County Auditor Jeff May, and County Purchasing Agent Frank Ybarbo to present their plan to reduce spending by over $15 million next year, without cutting salaries, benefits, positions or services.

The County Auditor and the Purchasing Agent are hired by and report to the Judges and not the Commissioners Court.

Joe Jaynes, in his County Line newsletter lists the saving that the Judges and their staff came up with:

1. "Change the Budget Procedure for Contingencies - As of now we budget $6.6 million for this line item. The recommendation is to budget only $1 million and use our rainy day fund for other contingencies.
   Savings: $5.6 million.

2. Reduce Maintenance Contract Budgets-Our FY2010 adopted budget for maintenance was $5.46 million. However, actual expenditures in FY2009 was $2.9 million and FY2008 was $2.6 million. Our Auditor recommends that we can trim this by $2.2 million and still have a healthy line item to address any maintenance issues.
   Savings: $2.2 million.

3. Utilize the District Attorney's Office for Legal Advice-In FY2010 our budget line item for legal advice is $800,000. By hiring one or two attorneys in the DA's Office or, better yet, a restructuring of that office would allow the DA's Office to handle everyday legal matters for the county.
   Savings: $500,000

4. Reduce Various Miscellaneous Accounts: Examples would be to reduce our consultant expenses, eliminate pamphlets and reduce the temporary worker salary line item. These are areas where, in most years, the funds budgeted are not fully spent.
   Savings: $1.1 million

5. Restructure Capital Replacement Budgeting: In FY2010 the Capital Replacement line item (furniture, etc.) is $625,000; actual expenditures in FY 2009 was $71,000 and FY 2008 was $236,000. We have a new courthouse and, thus, new furniture so this line item can be reduced.
   Savings: $600,000

6. Reallocate Road and Bridge Tax Revenue: Our Road and Bridge fund is generating enough revenue that we can go into FY2011 without allocating any tax revenue to this fund.
   Savings: $3.9 million

7. Reduce Unemployment Insurance Premium line item by 75%--Due to savings from past years in our unemployment insurance fund a reduction in this area will not impact our ability to pay claims.
   Savings: $250,000

8. Combine County Building Maintenance Departments-Each county facility has its own maintenance budget. By combining this into one budget it will bring about more efficiency.
   Savings: $500,000

9. Reduce Cell Phone Budget: FY2010 adopted budget for cell phones is $356,000, FY2009 actual was $158,000 and year to date for FY2010 is $105,000.
   Savings: $200,000

10. County Auditor Budget Reduction: Due to staff reorganization by our County Auditor Jeff May he is able to save taxpayer dollars.
    Savings: $150,000

The County Auditor, Jeff May then issued the following press release:

PRESS RELEASE

For immediate release.

DISTRICT JUDGES, STAFF SOLVE COLLIN COUNTY BUDGET CRISIS

McKINNEY, TX -- With Collin County facing an unprecedented budget shortfall the County is facing difficult decisions on how to balance the upcoming budget. The difficult decisions have been made less difficult by new proposals made by the County Auditor Jeff May and Purchasing Agent Frank Ybarbo during Monday night’s Commissioner's Court budget meeting. May and Ybarbo purposed over $15 million in budget revisions and cuts which would balance the County's budget without having to decrease current level of services or to terminate any employee and preserve the County's current reserve funds.

The Auditor and Purchasing Agent are both appointees of the Collin County Board of District Judges. Mark Rusch, the Local Administrative Judge for the Collin County District Courts stated, "When the judges heard of the potential of a County budget shortfall, we called in both the Auditor and Purchasing Agent and told them we need to do our part to balance the budget, by cutting existing fat and not increasing taxes. We met several times with both employees. We are very excited about what they were proposing. So, we determined these proposals needed to be presented to the Commissioner's Court."

Collin County's projected revenues for fiscal year 2010-2011 purports to result in over a $10 million shortfall. All options are on the table which included the reduction of certain services, the elimination of some county employees, pay reductions and reductions in the County's retirement benefits for current and future employees.

If the Commissioner's Court takes the advice from the County's Auditor and Purchasing Agent, the proposed budget will be balanced without such drastic measures and, in fact, would put the County in a budget surplus.

Auditor Jeff May stated, "With the proposals I am making today, Collin County will have a balanced budget, a status quo on existing County services and will maintain our current reserves. All of this will also help us maintain our bond ratings which is important to the County's fiscal health." The County has maintained a AAA bond rating for years. "The taxpayers of Collin County come out on top," May concluded.

The County will continue informal budget meetings for the next several weeks. The proposed budget should be ready for review in about a month. Final approval of the budget and whether the recommendations of the Auditor will be followed will be decided by the Commissioner's Court in September.
--------------------------------------------------------------------------------

Press and media inquiries should be addressed to Jeff May, County Auditor for Collin County at the address or numbers presented below.

Jeff May
Collin County Auditor
Collin County Administration Building
2300 Bloomdale Road, Suite 3100
McKinney, TX 75071

I'd score this one Self/Shaheen- 0 and Judges/Jaynes - 1

Let the 2011 budget games begin.

Bill

Ever since I wrote an article disclosing that tens of thousands of Collin County arrest warrants were the result of the NTTA prosecuting toll dodgers, I have received dozens of letters from citizens who have written of their own stories of bungled accounts, high handed customer service, perfidy and worse at the hands of the North Texas Tollway Authority.

Of course, the NTTA has its side of the story too. They are a huge operation, processing over 40 million toll transactions and collecting more than $33 million in toll revenue every month.

Responding to citizen criticism, the NTTA started an ombudsman program to "ensure consistency and fairness" in the NTTA collection process. I'm about to find out how well it works. I'm trying to be open minded, but the NTTA's website offers scant encouragement. It gives several examples of how the ombudsman helped customers "solve" their complaints - in every single NTTA example, the tollway authority was found to be 100% right, and the customer 100% wrong. Some ombudsman, eh?

I guess I'll find out.

Last week I received an invoice from NTTA. It was on pink paper, and was marked "past due". Now I was surprised to get this invoice as I have a TollTag, and I know it stays funded.

The bill was for 7 transactions totaling $12.12 dating from September of 2009 to April 3 of this year. It included a $2.50 late fee, and a threat that if not paid by May 27 that the late fee would increase to $187.12.

I went to the NTTA's website and did some investigation. While I couldn't research the oldest charges (they were no longer online), I could take a look at the latest. What I found was that while driving on the George Bush tollway, I was charged for non-payment during a trip where the tolltag registered charges both before and after these transactions. In other words, during a single trip, MOST of the toll gantries worked and one didn't.

For example:
On April 1, I passed a plaza at 17:47 (5:47 PM) - and was charged the cash rate and billed $1.86. However 8 minutes later, I passed another plaza and this time the tolltag clicked off $1.35

On April 2, I passed a plaza at 17:21 and the tolltag clicked off $1.24, but at 17:29, the tolltag didn't work, and I was billed another $1.86.

And On April 3, at 18:59 the tolltag worked, clicking off $.52, at 19:04 it clicked off another $1.08, and at 19:09 yet another $.34. Yet I received a bill for a $1.62 charge incurred (according to the NTTA) at 19:04! The supposedly fool proof system charged me twice for the same transaction. Either that, or I somehow managed to go through the Coit Rd. Plaza twice in the same minute.

So, on May 15, using the email tool on my tolltag account site, I wrote to customer service:

Plate # xxx-xxxx. I do not transmit my DL# by email. (You shouldn't ask for it as email is insecure.)

I have a working toll tag, but have received an invoice from you #9xxxxx on your acct #3xxxx.

It lists 7 charges from Sept 09 to Apr 10. I have researched online and can track the 4 of those charges made in 2010 (your system will not let me go back any further).

EVERY one of those charges were made during a trip where the toll tag correctly charged me as I passed the gantries. It seems that on each trip, one of your detectors was not working properly, and so you sent me a bill.

However, you are charging me at the higher ZipCash rate. And you have the temerity to demand a late fee -- all because YOUR system malfunctioned. Please re-bill me, or better yet, debit my account at the correct rate for a Toll Tag user.

You can contact me at this email address, or by phone at 214-xxx-xxxx.

Bill Baumbach

I sent the email 5 days ago. So far I have not received a response from NTTA. Yet the D-Day for the $187.12 penalty is now only 7 days from now.

According to the NTTA website, in March, the NTTA Board approved a new customer service policy:
• Reducing the $25 administrative fee on the violation invoice by 67 percent to $8.33 per transaction if the invoice is paid before the invoice is sent to the collection agency
• Allowing all transactions on the NTTA System to be processed through the ZipCash process, providing motorists another opportunity to pay their tolls without any additional fines
• Creating an ombudsman program to ensure consistency and fairness in the NTTA collection process
• Redesigning invoices to communicate the benefit of prompt payment as well as consequences if the request for payment is ignored
• Streamlining the process used to gather forwarded addresses by communicating directly with the National Change of Address Database.

I have some questions for the new ombudsman --

1. If the new policy says the penalty (administrative fee) is now $8.33 per transaction, why are you threatening me with a $25 fee per transaction?

2. Why are you charging me a $12.12 late fee, when this is the first bill I've seen from you?

3. Why are you charging me the higher cash rate for transactions that should be charged at tolltag rates?

4. Why are you billing me at all? Why not simply debit my tolltag account and send me a receipt?

5. How do you explain how your fool-proof system manages to charge me twice for the same transaction - once through the tolltag, and once as a cash charge?

6. Why do you not respond to your emails?

I anxiously await their reply.

Bill

On today's Commissioner's Court agenda are two items that will extend engineering contracts to allow for work on their next phase.

The first contract request will amend a previously awarded a $107,219 contract to Dannenbaum Engineering for preliminary right of way studies for FM 455 (east of US 75) in Anna. The county's engineer, Ruben Delgado submitted a request to amend the contract adding an additional $1,010,792 to fund completion of plan specifications and right of way mapping.

The second contract is with Berkhoff, Hendricks and Carter, LLP for construction of the widening and relocation of Parker Rd. (FM 2514) from Murphy Rd. (FM 2551) to just past County Club Rd. (FM 1378) in Parker. The original contract amount was $174,700. The amendment is for $403,200 and will include surveys, a public meeting, preparation of a right of way map and an environmental assessment.

This is the second time Mr. Delgado has submitted these requests. Last month Judge Self and Commissioner Shaheen questioned the contract amendment. Self believed that extending a contract by adding 1000% to its cost should cause the county to look at re-evaluating the vendors and possibly resubmitting both projects to the engineering vendor selection process.

After discussion, both items were tabled to allow the county's engineering staff to review the cost of the proposals with the vendors.

Both Self and Shaheen have been very critical of state laws that prohibit a county form seeking competitive bidding on engineering contracts. Because of the state regulations, the county must first choose an engineering firm and only then negotiate costs.

In resubmitting these contract amendments, Delgado noted that negotiations with Berkhoff, Hendricks and Carter have led to a reduction of only $8,600 -- out of over $1 million in cost. In the contract with Dannenbaum, Delgado's request is actually $60,000 larger than it was last month.

Given recent reductions seen in construction costs and current budget pressure, it will be interesting to see the court's reaction to these submissions.

Bill

Sorry, I couldn't resist the headline:

DMN - The Colony, Frisco settle dispute over sliver of land known as The Finger

Thursday, March 25, 2010
By VALERIE WIGGLESWORTH / The Dallas Morning News

After years of wrangling and hundreds of thousands of dollars in legal fees, The Colony will hand over to Frisco a sliver of land known as The Finger.

The 22-acre tract – home to two holes of The Golf Club at Frisco Lakes – has been the subject of a long-running dispute that will end with the property in Frisco's city limits. Frisco also received more than $1 million from The Colony as part of a settlement from a 2004 lawsuit.

Frisco officials say the agreement was about more than money.

"It is the rebuilding of good relations and clearing up of several other matters between our cities that make this an important step for both entities," Frisco Assistant City Manager Ron Patterson said.

City Manager Tony Johnston of The Colony said, "The settlement of the lawsuit has been long-awaited, and we look forward to working together with our neighboring city."

The feud between the two started years ago over two tracts of land west of FM423 known as The Finger and The Lightning Bolt. Both cities claimed the tracts were within their extraterritorial jurisdiction. A district court ruled in Frisco's favor in 1984. But The Colony went ahead and annexed The Finger, according to court records. By the time Frisco found out, it was too late to challenge the move in court.

But Frisco officials didn't forget.

In 1998, The Colony and Frisco contracted with the North Texas Municipal Water District to expand capacity at a wastewater treatment plant in Frisco. The district sold bonds and expanded the plant, while the two cities made payments on the debt.

But when The Colony started making plans to connect to the plant, Frisco refused to grant access through its city. It wanted The Finger and The Lightning Bolt, which The Colony was still claiming as its own.

The Colony found itself having paid toward a wastewater treatment plant it couldn't use. And its own 25-year-old treatment plant needed an upgrade. Environmental regulators had already fined the city $16,000. If it couldn't bring its plant into compliance within two years, more penalties were coming.

So The Colony stopped making payments on the new plant and invested $14 million into expanding its own plant. And it sued the water district and Frisco for breach of contract.

According to court records, the contract didn't address how the wastewater would be delivered to the new plant. The contract guaranteed The Colony only a certain amount of capacity once its wastewater arrived, the courts ruled.

The lawsuit advanced from trial court to the Second District Court of Appeals. Last year, The Colony petitioned for a review by the Texas Supreme Court. In recent months, though, all three entities decided to settle the case and move on.

The $1 million settlement reimburses Frisco for the $642,863 it paid to cover The Colony's share of the plant construction plus interest. The amount also covers Frisco's $208,200 in legal fees on the lawsuit. The water district did not receive reimbursement it requested for an estimated $152,500 in legal fees it incurred in the case. The Colony also surrendered The Finger.

Last year, Frisco gave up its claim to 40 acres known as The Lightning Bolt as part of an unrelated settlement with a developer. The Colony had annexed the jagged-shaped property at the request of Wynnwood Peninsula Partners at the same time that Frisco was initiating annexation on the tract. Wynnwood had sued Frisco to keep the land in The Colony. Frisco agreed....

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

From a North Texas History Center Press Release:

FOR IMMEDIATE RELEASE

GENEROUS GIFT
North Texas History Center given its largest donation


McKINNEY, Texas (March 18, 2010) – Plagued by financial troubles, the North Texas History Center was recently given a glimmer of hope.

This week, the NTHC received a special gift from a generous donor. This $20,000 contribution is the single largest unsolicited donation in the organization’s history.

“This contribution makes a huge difference to our ability to survive,” said Vicki Day, executive director at the NTHC. “Our funding problems aren’t solved, but this gives us hope to keep fighting every day.”

The donation was made by the Ruth LeVan Fund through the Renaissance Charitable Foundation in memory of Helen Gibbard Hall.

“We are so grateful for the support shown from those who care about preserving our history.” said Day.

About the North Texas History Center

Since 1957, the Collin County Historical Society, now known as the North Texas History Center, has been dedicated to collecting and preserving North Texas history. The NTHC shares local history with students from across North Texas and visitors from around the world. Located at 300 E. Virginia just east of the square in downtown McKinney, NTHC is open from 11 a.m. to 4 p.m. Monday thru Saturday.

For additional information, contact the North Texas History Center at (972) 542-9457 or visit our website www.northtexashistorycenter.org.
###

Last week, the Bradford Pear trees in my yard broke out in glorious bloom, robins appeared on the lawn, the jonquils in the garden flowered and the Collin County Commissioners Court was on another 2 week vacation.

Yes, it's Spring Break time at the commissioners court.

If it wasn't for all the harbingers of spring, I know I'd have some difficulty distinguishing between their spring break, summer break, holiday break, and whatever break.

The court last met on March 1 and their next meeting will be on Monday, the 22nd.

Just because they're on break, doesn't mean they still don't get paid. Two weeks of salaries for County Judge and 4 commissioners cost the taxpayers $22,188.38.

But I guess they need a break. It's been a hard campaign season, and it ain't over yet. Campaigning started in January, and for two members of the court won't end until November. While some candidates have to work in vacation time or a leave of absence to run for office, county officials have no such limitations. They get paid and get to campaign as much as they want. Heck, most even get to hit the county's vendors up for nice fat campaign contributions.

Over the last few weeks, Joe Jaynes was out campaigning for Kathy Ward, who lost the GOP nomination to Duncan Webb. Matt Shaheen was on the stump for Keith Self, who won. And Jerry Hoagland is still battling for political survival after finishing in second place to former Plano City Councilwoman Cheryl Williams.

Both Self and the winner of the Hoagland/Williams run-off will face Democratic challengers in November.

I guess they're all tired and need the break.

While they're all soaking up the rays, why is it I feel I want my money back?

Bill

History museum loses funding, in jeopardy of closing

by STEVE STOLER / WFAA-TV
Posted on March 5, 2010 at 4:57 PM
Updated today at 5:54 PM

******

A rally will be held on the steps of the North Texas History Center in McKinney Saturday morning in an effort to drum up support to save it. The museum is in jeopardy of running out of money and closing its doors.

The building that houses the center is historic itself. It was built as a U.S. Post Office in 1911. Collin County now owns it and leases it to the history center. County commissioners, who act as landlords, recently decided to cut museum funding 75 percent and stop funding altogether next year. "I was surprised and horrified," said museum executive director Vicki Day.

The museum houses historic artifacts from five North Texas counties, from authentic flags, a covered wagon and civil war uniforms, to military weapons, a mask worn by Abraham Lincoln and slave shackles.

Students from area schools, including the Bonnema kids, often come to the center to learn hands-on about their heritage.

“It’s real-like. It’s not in a book. You can actually feel it,” said Boone Bonnema, a student. His grandfather, Arch Bonnema, also likes the hands-on approach. “It becomes more real to them when our grand kids can go there and try on clothes and actually touch and hold some of the old tools that our grandparents had to do to make things that are all electric for us."

History Center officials say they had a five-year plan to become self-sufficient without any county money. But the commissioners’ sudden move has left them struggling to find a way to survive. “If we're lost, that means history is lost. You can never retrieve it. It's gone forever," said Day.

Many of the supporters who will attend Saturday’s rally will be dressed in civil war uniforms. After the rally, they will march to the downtown McKinney square, where they will ask people to help save a local treasure.

link to this story at wfaa.com....

Texas Independence Day is the celebration of the adoption of the Texas Declaration of Independence on March 2, 1836.

With this document, settlers in Mexican Texas officially broke from Mexico, creating the Republic of Texas.

The Texas Declaration of Independence was the formal declaration of independence of the Republic of Texas from Mexico in the Texas Revolution. It was adopted at the Convention of 1836 at Washington-on-the-Brazos on March 2, 1836.

The convention was convened on March 1 with Richard Ellis as president. The delegates selected a committee of five to draft a declaration of independence; the committee was led by George Childress and also included Edward Conrad, James Gaines, Bailey Hardeman, and Collin McKinney.

The Unanimous Declaration of Independence made by the Delegates of the People of Texas in General Convention at the town of Washington on the 2nd day of March 1836.

When a government has ceased to protect the lives, liberty and property of the people, from whom its legitimate powers are derived, and for the advancement of whose happiness it was instituted, and so far from being a guarantee for the enjoyment of those inestimable and inalienable rights, becomes an instrument in the hands of evil rulers for their oppression.

When the Federal Republican Constitution of their country, which they have sworn to support, no longer has a substantial existence, and the whole nature of their government has been forcibly changed, without their consent, from a restricted federative republic, composed of sovereign states, to a consolidated central military despotism, in which every interest is disregarded but that of the army and the priesthood, both the eternal enemies of civil liberty, the everready minions of power, and the usual instruments of tyrants.

When, long after the spirit of the constitution has departed, moderation is at length so far lost by those in power, that even the semblance of freedom is removed, and the forms themselves of the constitution discontinued, and so far from their petitions and remonstrances being regarded, the agents who bear them are thrown into dungeons, and mercenary armies sent forth to force a new government upon them at the point of the bayonet.

When, in consequence of such acts of malfeasance and abdication on the part of the government, anarchy prevails, and civil society is dissolved into its original elements. In such a crisis, the first law of nature, the right of self-preservation, the inherent and inalienable rights of the people to appeal to first principles, and take their political affairs into their own hands in extreme cases, enjoins it as a right towards themselves, and a sacred obligation to their posterity, to abolish such government, and create another in its stead, calculated to rescue them from impending dangers, and to secure their future welfare and happiness.

Nations, as well as individuals, are amenable for their acts to the public opinion of mankind. A statement of a part of our grievances is therefore submitted to an impartial world, in justification of the hazardous but unavoidable step now taken, of severing our political connection with the Mexican people, and assuming an independent attitude among the nations of the earth.

The Mexican government, by its colonization laws, invited and induced the Anglo-American population of Texas to colonize its wilderness under the pledged faith of a written constitution, that they should continue to enjoy that constitutional liberty and republican government to which they had been habituated in the land of their birth, the United States of America.

In this expectation they have been cruelly disappointed, inasmuch as the Mexican nation has acquiesced in the late changes made in the government by General Antonio Lopez de Santa Anna, who having overturned the constitution of his country, now offers us the cruel alternative, either to abandon our homes, acquired by so many privations, or submit to the most intolerable of all tyranny, the combined despotism of the sword and the priesthood.

It has sacrificed our welfare to the state of Coahuila, by which our interests have been continually depressed through a jealous and partial course of legislation, carried on at a far distant seat of government, by a hostile majority, in an unknown tongue, and this too, notwithstanding we have petitioned in the humblest terms for the establishment of a separate state government, and have, in accordance with the provisions of the national constitution, presented to the general Congress a republican constitution, which was, without just cause, contemptuously rejected.

It incarcerated in a dungeon, for a long time, one of our citizens, for no other cause but a zealous endeavor to procure the acceptance of our constitution, and the establishment of a state government.

It has failed and refused to secure, on a firm basis, the right of trial by jury, that palladium of civil liberty, and only safe guarantee for the life, liberty, and property of the citizen.

It has failed to establish any public system of education, although possessed of almost boundless resources, (the public domain,) and although it is an axiom in political science, that unless a people are educated and enlightened, it is idle to expect the continuance of civil liberty, or the capacity for self government.

It has suffered the military commandants, stationed among us, to exercise arbitrary acts of oppression and tyrrany, thus trampling upon the most sacred rights of the citizens, and rendering the military superior to the civil power.

It has dissolved, by force of arms, the state Congress of Coahuila and Texas, and obliged our representatives to fly for their lives from the seat of government, thus depriving us of the fundamental political right of representation.

It has demanded the surrender of a number of our citizens, and ordered military detachments to seize and carry them into the Interior for trial, in contempt of the civil authorities, and in defiance of the laws and the constitution.

It has made piratical attacks upon our commerce, by commissioning foreign desperadoes, and authorizing them to seize our vessels, and convey the property of our citizens to far distant ports for confiscation.

It denies us the right of worshipping the Almighty according to the dictates of our own conscience, by the support of a national religion, calculated to promote the temporal interest of its human functionaries, rather than the glory of the true and living God.

It has demanded us to deliver up our arms, which are essential to our defence, the rightful property of freemen, and formidable only to tyrannical governments.

It has invaded our country both by sea and by land, with intent to lay waste our territory, and drive us from our homes; and has now a large mercenary army advancing, to carry on against us a war of extermination.

It has, through its emissaries, incited the merciless savage, with the tomahawk and scalping knife, to massacre the inhabitants of our defenseless frontiers.

It hath been, during the whole time of our connection with it, the contemptible sport and victim of successive military revolutions, and hath continually exhibited every characteristic of a weak, corrupt, and tyrranical government.

These, and other grievances, were patiently borne by the people of Texas, untill they reached that point at which forbearance ceases to be a virtue. We then took up arms in defence of the national constitution. We appealed to our Mexican brethren for assistance. Our appeal has been made in vain. Though months have elapsed, no sympathetic response has yet been heard from the Interior. We are, therefore, forced to the melancholy conclusion, that the Mexican people have acquiesced in the destruction of their liberty, and the substitution therfor of a military government; that they are unfit to be free, and incapable of self government.

The necessity of self-preservation, therefore, now decrees our eternal political separation.

We, therefore, the delegates with plenary powers of the people of Texas, in solemn convention assembled, appealing to a candid world for the necessities of our condition, do hereby resolve and declare, that our political connection with the Mexican nation has forever ended, and that the people of Texas do now constitute a free, Sovereign, and independent republic, and are fully invested with all the rights and attributes which properly belong to independent nations; and, conscious of the rectitude of our intentions, we fearlessly and confidently commit the issue to the decision of the Supreme arbiter of the destinies of nations.

Bill

History center in McKinney fighting to survive

Monday, March 1, 2010
By ED HOUSEWRIGHT / The Dallas Morning News

Vicki Day is trying to preserve the museum that preserves Collin County.

The 28-year-old North Texas History Center in downtown McKinney could close because of a sharp cut in county funding and private donations, said Day, executive director.

"We are in serious jeopardy of running out of money shortly," she said.

The museum took an unexpected financial hit when Collin County commissioners slashed its funding from $134,950 in fiscal 2009 to $32,000 this year, Day said.

"I was so surprised," she said.

Commissioners say they told Day last year the museum needed to become self-sufficient through private fundraising.

It had been receiving far greater county funding than other historical organizations, said County Judge Keith Self, who heads the Commissioners Court.

"The North Texas History Center is a wonderful organization, but they are just one of many historical organizations in the county," he said.

Commissioner Jerry Hoagland said the county had to focus limited funding on core functions, such as building roads and operating courts and the jail.

"These are tough economic times," he said. "You have to make cuts that are not always popular with people."

Civil War event

The history center had hoped a Civil War re-enactment last November at Myers Park in McKinney would raise $50,000. Instead, the event lost $7,000, worsening the museum's outlook, Day said.

Attendance didn't meet projections, and recent heavy rains prevented people from parking on the grounds, she said. As a result, organizers had to rent buses to take people to and from the park. In addition, insurance costs to hold the event exceeded expectations, Day said.

Commissioner Joe Jaynes, who took part in the Civil War re-enactment, voted against cutting the museum's funding. He said another year of higher county funding might have helped the center hold a successful Civil War event.

"Those re-enactments can basically be a cash cow, but you need three or four years to get it going," Jaynes said.

In search of help

Day said the history center may seek money from the city of McKinney, which currently does not provide funds. It may also approach the county commissioners again, she said.

"It's worth the county getting involved to help us survive," she said. "We've got a collection that is very unique."

About 8,000 students a year from Collin and surrounding counties visit the North Texas History Center, Day said.

On Friday, two fifth-grade classes from Daffron Elementary School in Plano attended and saw a Civil War exhibit.

"It's wonderful," said Cindy Burns, one of the teachers. "We teach the Civil War in school, and this really gives them the opportunity to see how it affected their ancestors."

The museum is housed in an old post office, built in 1911, at Virginia Parkway and Chestnut Street, a block off the square in downtown McKinney. It has exhibits with photographs and a variety of artifacts on the main floor and in the basement.

Upcoming rally

The museum has tried to sell memberships and get corporate sponsors for exhibits, but had little success, Day said. It receives revenue from school field trips, ticket sales and gift shop purchases.

The history center is holding a "Save the Museum" rally on its front steps on Saturday. It's also having a dinner and lecture on March 27 with Arch Bonnema, a Collin County resident who funded an expedition to Iran in search of Noah's ark. Tickets are $75.

"This could make a world of difference for us," Day said. "We hope we can clear about $7,000."

Jaynes said he hopes the museum can remain open. Although he supports it, he doesn't believe county commissioners will approve any additional funding.

"The court has let its will be known," Jaynes said.

link to the article at The Dallas Morning News....

-----------

The Observer comments:

My wife and I went to see the "Reluctant Confederate" exhibit at the NTHS last Saturday.

The building is a real jewel, and the exhibit was interesting and informative. Anyone interested in the history of their community will be entertained and educated by a trip to the North Texas History Center.

Bill

Note to Joe Jaynes -- put your Confederate uniform back on before the next court and fight a little harder for these guys. They deserve our support.

Bill

A few weeks ago, I noticed that the commissioners court agenda included notification of quite a few new hires in the County Auditor's office.

Then last month I received an anonymous note from a former(?) county employee telling me that the Auditor, Jeff May, had fired 7 employees after giving an "all day test to all members of the department."

I contacted the Auditor who confirmed that 8 people had recently left the department or were terminated of his 31 employee office.

Mr. May responded to my questions with the following email:

Thank you for giving me the opportunity to respond.

As you know I became County Auditor on September 1st, 2009. One of the first tasks I felt I needed to accomplish was to evaluate the employees. I believe I should have my office in order before I go audit other departments. Before I took over as County Auditor I met with each employee individually and informed them that I would be placing the staff through a three month evaluation process. The evaluation consisted of checking employees backgrounds, analyzing skill set requirements to perform tasks, and testing job knowledge.

The knowledge test was given in two parts, a Microsoft Excel test and a written test. Three versions of the written test were given to employees based on their functions in the Auditor’s Office. Employees in the Auditor’s Office perform a variety of tasks, so in many cases questions on a test may pertain to one employee but not another. When grading the tests I only considered questions that pertained directly to one’s normal duties. As a result of the evaluation I learned that I have many outstanding employees; however, I felt the need to dismiss three employees because I felt they did not have the knowledge or background to complete their daily required functions. Four other employees were dismissed due to misconduct or refusal to take all or most of one of two tests.

The accusation of favoritism on the part of my First Assistant is inaccurate. Before the test employees were understandably apprehensive about taking the test resulting in many questions directed at my First Assistant and me. All employees were allowed to ask questions and no information was given to any employee that would give them an advantage over another employee. Great measures were taken before and after the tests to ensure that all employees were treated fairly.

In order to ensure that I hire the best employees in the future job applicants are now given a test when they are interviewed. Even though this evaluation process was difficult for everyone involved including myself, I know that the Office of County Auditor, Collin County, and the citizens of Collin County are better off as a result. I am very proud of my staff that stuck with me through this process.

Jeff May
County Auditor

According to sources at the county courthouse, of the 8 employees who left, 1 retired, 1 was fired for cheating on the test, 1 was fired related to the cheating incident, 2 quit before completing the test, and 2 were terminated for poor performance on the test.

Who would of thought an auditor would cheat?

Mr. May told the Observer that while the upheaval will result in short term difficulties while new employees are trained, he believes that the actions taken will result in a more professional and skilled Auditor's Office.

The County Auditor is appointed by a board consisting of all the county's 9 district judges. The auditor's office operates independently from the commissioners court. According to the Texas Association of Counties, "The county auditor's primary duty is to over see financial record-keeping for the county and to assure that all expenditures comply with the county budget. The county auditor, by law, has continuous access to all books and financial records and conducts detailed reviews of all county financial operations."

"...both the county auditor and commissioners court are required, by law, to approve or reject claims for disbursement of county funds. The integrity of county financial administration is entrusted to a dual control system of 'checks and balances.'"

"The county auditor has general oversight of all the books and records of all county officials and is charged with strictly enforcing laws governing county finances."

Bill

After watching the Collin County District Attorney use his Drug Forfeiture Fund for new furniture and then for automatic weapons and ammo, it is refreshing to see a notice that he intends to use $11,115 of the fund to fight crime.

The DA has notified the Commissioners Court of his intent to use the funds to pay an invoice for lab work for "additional evidence analysis needed in a Cold Case".

This type of expenditure is what the Drug Forfeiture Fund should have been used for all along.

Bill

Area cities spending millions on IT projects

Sunday, January 31, 2010
By IAN McCANN / The Dallas Morning News

Even as the ongoing recession squeezes municipal budgets, several cities in North Texas are spending millions on major technology projects.

Frisco, Irving, McKinney, Plano and Richardson are replacing police and fire radio systems, to the tune of $8 million to $25 million apiece.

For most, the technology spending is an absolute need. Mowing schedules can be cut, and staff hires can be frozen, but police officers, firefighters and dispatchers must be able to communicate.

"We can't lose dial tone. We can't lose data," said Steve Graves, Richardson's chief technology officer. "The radio system, that's a crucial part of doing business."

Cities usually try to space out major projects so large expenditures can be spread out over time. But Richardson and Irving are planning to install several new technology systems at once.

Graves said some of his city's project was delayed, including buying $376,000 in new hardware and software for a public safety dispatch and records management system.

"Last year, we were ready to pull the trigger on it," Graves said. "But with a new chief coming in, we wanted to give him input. We don't want to say, 'Here's the system we're giving you. Work your needs around it.' "

At the same time, during a change to the city's radio frequency, the city found that its 18-year-old communications system was in dire need of replacement. That work will cost up to $10 million. Replacing an 11-year-old phone and data network will cost about $1.7 million.

Irving's two-year, $25 million project involves replacing its 13-year-old radio system, retrofitting the city with a fiber optics network and adding a wireless network.

Shane Burton, who oversees Irving's IT infrastructure, said the wireless network will cover the entire city but will not be available to the public. Instead, it will be reserved for water meter reading and other city uses.

Like Irving and Richardson, cities that hit their growth stride years ago, Plano also needs to replace an aging radio system. Bruce Glasscock, a Plano deputy city manager, said Motorola no longer supports his city's 15-year-old system.

Plano's situation is compounded in that growing areas including Frisco, Wylie and Murphy also use its radio system. Frisco in coming months will start using its own system, further changing the area Plano's radios must cover. Plano and its partners will spend about $25 million on the new system.

"It's a major project," Glasscock said. "We've been working with council the last three to five budget years, so we've been ready for it."

On the other end of the spectrum from the landlocked inner-ring cities are Frisco and McKinney?.

"Our system was designed for a 1999 city of McKinney," McKinney Assistant Police Chief Rex Redden said. "In some areas, our officers can't get a signal. Our department has tripled in size, and our land mass has pretty much quadrupled."

McKinney's $8.3 million radio system purchase comes on the heels of a $2 million public safety software and hardware replacement last year.

Scale can magnify even seemingly small purchases. Garland is proposing to spend about $2 million to replace video units in each of its 200 patrol cars.

The department is moving from VHS systems to digital recorders, equipment that Officer Joe Harn, a police spokesman, said hadn't been perfected when Garland first installed recorders in 2005.

A key for all the cities is to use advanced equipment but not to get too far ahead of the curve, especially on critical infrastructure like police and fire radios. Buy equipment that's too advanced, and it may still have bugs to work out. Technology that's too old has a shorter life cycle. So IT directors make purchasing decisions carefully.

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

The Collin County Commissioners have been informed that the Texas Commission on Environmental Quality (TCEQ) assessed a $3,675 for violations found at the county's fuel depot. The violations of the Texas Clean Water Act did not allow fuel to escape.

The fuel depot is at the county's Service center on Wilmeth Rd. in McKinney.

In a letter to the county, the TCEQ proposed to cut the fine to $2,940 in return for prompt remediation of the violations. The TCEQ also is allowing the county to pay part of the fine with a type of community service called a "Supplemental Environmental Project" (SEP). By the terms of the proposed SEP, the county would trade cleanup of an illegal dump site on Lake Lavon for all or part of the fine.

According to a memo sent to the court by the county's Public Works Director, Jon Kleinheksel, all violations at the service center's fueling operation have been corrected to the satisfaction of the TCEQ. Mr. Kleinheksel listed the violations as, "Unsuccessful completion of a monthly leak test, spill containment device had a crack in the plastic, and a shear valve was loose at the base of a dispenser." Kleinheksel noted in his letter that, "The four-hour leak test was stopped to accommodate an employee that was in need of fuel, causing the test to end early."

The commissioners' court is expected to approve the SEP and settlement at its meeting on Monday morning.

Bill

The recent legal opinion supporting the Collin County District Attorney's plans to use $25,000 of his Drug Forfeiture Fund to purchase automatic weapons and SWAT team equipment for his Court House Security Team has focused new attention on funds over which some elected officials have exclusive control.

Sometimes derisively called "Slush Funds", these restricted accounts are created by state and federal law.

While state law and the Texas Constitution give the county commissioners' court the power of the purse over elected department heads such as the District Attorney or Sheriff, the monies in these accounts are under the control of a specific elected official and not the commissioners court.

Responding to an Open Record request, the County Auditor provided The Collin County Observer with a list of 6 funds whose current balances total over $1.9 million.

The largest, at $943,000 is the Sheriff's SCAAP fund. SCAAP is a Federal program to reimburse local law enforcement agencies for costs incurred in incarcerating illegal aliens. SCAAP funds may only be used for jail and jailer expenses.

The forfeiture funds are authorized by State Law. They come from the sale of seized contraband and and items used "in the commission of a crime". The money may only be spent to further the legitimate operations of the agency.

The District Attorney has used his forfeiture funds to supplement salaries and offset the loss of benefits in his department, to buy new furniture, and now to purchase weapons and gear for his "courthouse commandos".

LEOSE Funds are State dollars given to local agencies for the training of peace officers. In 2000, the Texas Attorney General issued an opinion that LEOSE grants could not be put into the general revenue funds, but reserved solely for police training activities.

The county commissioners, who are used to setting budgets and approving spending, sometimes chafe at their inability to control the spending of these restricted funds. On at least one occasion, for example, the District Attorney John Roach has reminded the commissioners that any attempt by them to offset his staff salary supplements with a lower budget appropriation would be a violation of state law.

Bill

When I first moved to Wylie almost 20 years ago, the town seemed to be ringed by huge junkyards. Both the north and south entrances to the town along SH 78 consisted of several of those unsightly, muddy wrecking yards. Most are gone now, and Wylie City officials have really worked hard to improve the looks of our main roads.

But one junkyard remains on the northern outskirts of town -- on Highway 78 between Lavon and Wylie.

Looking at Monday's commissioners court agenda, I was surprised to see a public hearing for a variance to approve a wrecking yard request for that same old "Millers Wrecking". Since the law regulating wrecking yard requires that they not be within 300 feet of a "church, school, park, hospital, nursing home or residence", and there is one home within that 300' radius, a variance must be granted before the junkyard permit can be issued.

According to staff documents submitted to the commissioners, the junkyard has changed ownership, and is now engaged in buying cars from police impound lots, and salvaging the parts from those cars or export to (no kidding) Venezuela. Steven Deffibaugh, the county's Fire Marshall inspected the site, and reported that the new owner has ",made tremendous improvement on the property and repairs to the fence and ground itself".

Deffibaugh, however, also noted that, "This has been a site of numerous complaints from neighbors concerning wrecking yard operations."

Before I came to an opinion on the merits of granting the variance, I thought I'd find out what position of the City of Wylie would take on the issue.

I called my councilman. He didn't know anything about a public hearing, I called another councilman - same response. It turns out that the county never informed Wylie City officials that there would be a public hearing on this known nuisance. I have tried to contact Lavon city officials, but since it was a holiday weekend, my efforts were not successful.

It would seem only reasonable for the county commissioners court to hold up on any public hearing on this until after they have notified the City of Wylie, the city of Lavon and nearby property owners. It would also behoove the commissioners court to order a review of their policies so that all interested parties are notified af any public hearing that they may have an interest in.

Bill

Notes:

Agenda item AI-31884 Public Hearing - Application for Junkyards, Automotive Wrecking and Salvage Yards located at 10999 Hwy 78, Lavon, Texas, fire Marshall, along with supporting documentation.

Letter from the Fire Marshall to the Commissioners Court recommending approval of the permit.

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

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....

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....

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

Back in February of last year, the Observer commented on JP Judge Paul Raleeh holding night court in the old (circa 1874) courthouse on the square - now the home of the McKinney Performing Arts Center (MPAC)

While the Observer noted that night court was a good idea, we questioned the economics of breaking down a stage to convert the theater back to its roots as a court house. It was reported that it took from 12-14 hours of labor to accomplish the re-transformation back to the pre 1979 court room.

It seems that Judge Raleeh has come up with an alternate method. Instead of paying county or MPAC labor to do the work, the McKinney Courier-Gazette is reporting that Raleeh is using defendants who are working off community service committments to set up the court room, thereby saving the county the labor expense.

The next night court is scheduled for 6:30 P.M. on October 27. MPAC's home page is now advertising the session as "Night Court with Judge Raleeh" right between "The Night of the Living Dead" and "The Hunchback of Notre Dame".

Election years - you gotta love them!

Bill

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

Night Court returning to courthouse
By Danny Gallagher, McKinney Courier-Gazette
Published: Saturday, October 3, 2009

Several Collin County residents in need of addressing minor legal concerns will get to have their day in court, or is that their night?

Collin County's Justice of the Precinct 1's Night Court session returns Tuesday, Oct. 27 to the McKinney Performing Arts Center's old courthouse on the McKinney downtown square.

The session starts at 6:30 p.m. in the main auditorium. The session is also free and open to the public, according to MPAC's calendar.

The session is one of several Judge Paul Raleeh has held since April of 2008 at the MPAC's building, making it the first time the MPAC building has been used as a courthouse since the county moved to the McDonald Street building in 1979.

Raleeh said before the court's first official session that he has been trying to find a venue to hold a trial run of a night court because of requests from citizens filing civil court cases who were unable to hold their trials during normal business hours.

"We've had a number of lawsuits filed by people who represent themselves," Raleeh said. "We also have a number of lawsuits where people represent themselves and are defendants in these suits, so you'd find people who were almost the victim twice because they'd have to take off work."

The program went on hold for awhile when scheduling conflicts and a lack of adequate manpower, made it hard for Raleeh's court and MPAC to hold a second nighttime session the following September. Raleeh had to move his night session to his own courtroom in the courthouse annex building.

Raleeh held another night court session last Thursday at the MPAC building. The session took on 13 small claims civil cases, giving the court and the community a glimmer of hope that more night sessions will appear on the court's dockets and MPAC's schedule in the foreseeable future.

The city backed facility and county run court were able to overcome the scheduling and labor costs that prevented the September session by letting some defendants set up the courtroom to finish their community service agreements, Raleeh said.

link to full article....

A couple of weeks ago, County Judge Keith Self, with support from Commissioner Matt Shaheen, proposed that the county cap its popular rural gravel road paving program at 50 miles.

Self and Shaheen argued that stopping the paving would save asphalt inventories for next year, which they believe will be a much leaner budget year.

It was a goofy idea.

Monday, the court considered the idea of capping the paving program. Or to put it more accurately, on Monday, the court did everything it could to NOT consider capping the popular paving program.

The 10 Year Asphalt Program is in its 5th year. When the program started, the county contained about 480 miles of dirt and gravel roads. So far, over 262 miles of old dirt and gravel roads have been widened and replaced with safer, cleaner and more durable asphalt paving.

After a brief, (and he was urged by Self to remain 'brief'.) presentation by Public Works Director Jon Kleinheksel on the results so far of the 10 year paving program, and the savings realized by the reduced maintenance needed for paved, rather than gravel roads, Commissioner Ward spoke of the health and safety issues that result from old gravel roadways.

Judge Self was anxious to not have a debate, and he never called for a motion or a vote to cap the program. Instead, he moved on to the next agenda item as quickly as he could.

Since the 2010 budget maintains funding for the current rate of paving and inventories, the 10 year rural road paving program remains as it was before the County Judge's theatrics. This year, the Public Works Department is on track to asphalt 70 miles of rural, gravel roads.

Self's plan was goofy, and it never stood a chance of gaining a majority vote of the court.

Bill

Monday morning, the county commissioners court approved a $240.2 million budget for fiscal 2010 with only a few small last minute changes.

The budget passed by a 5 - 0 vote, making this year the first that I remember where Commissioner Jerry Hoagland voted FOR the budget.

The 2010 budget is less than 0.3% larger than last year and it breaks no little ground in new programs, discontinued programs, or improved services. The new budget calls for 1,794 county employees, a net increase of two.

Employees were held to an average 1-1/2% 'pay for performance' increase, while elected officials' salaries did not increase from 2009.

Despite rhetoric from a few commissioners who would like to characterize this year's tax burden as a 'cut', county tax revenues are expected to increase slightly from last year. However, the tax rate, set at $0.2425 per $100 in valuation, remains unchanged, making this year the 17th consecutive year with no tax rate increase. Those homeowners in the county who saw their valuations drop this year will get a tax cut, those whose valuations increased will see a comparable increase in their county taxes. The typical homeowner will realize a $3.48 reduction in 2010 county property taxes.

The commissioners also approved a 264 page "schedule of fees". These fees, ranging from court costs to dog pound charges, along with court fines total approximately 15% of the the county's revenue.

Bill

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

NOTES:

The FY 2010 Proposed Budget is here. (Note: big file - 952 kb)

The FY 2010 Schedule of Fees is here.

The FY 2010 Elected Officials' Salary list is here.

The FY 2010 property tax rate breakdown is here.

Yesterday, the Collin County Observer wrote of the issues with ADB and the North Central Texas Fusion Center.

Today, without any discussion, the Commissioners Court awarded a $240,000 contract for maintenance and operation of the Fusion Center to Dr. Bob Johnson, his wife, and presumably his brother-in-law. Bob Johnson is the son of US Congressman Sam Johnson.

Johnson's company, ADB Consulting, LLC was the lowest bidder in a contest that saw an extreme range of quotes - from ADB's low $240,000 to a high bid of over $3 million. It was a contest where Dr. Bob played a significant role in writing the bid specifications.

In response to an Open Records Request by the Observer, the county sent the bid tabulation data, a summary of which is presented below.

Before price was considered, ADB was rated 3rd of the 5 bidders. County staff rated it lowest among the bidders in qualifications, 4th in successful track record with fusion centers and third in having relevant experience.

But it was total price which carried the most weight. ADB's proposal was almost 50% lower than the next lowest bid and less than one tenth of the highest.

Sources in the county told me that because of the wide variance in quotes, all the bidders were given an opportunity to review and resubmit their pricing.

The North Texas fusion Center will continue to rock along as it has with Anita and Dr. Bob at the helm.

With the lowest priced product, and the least qualified support, ADB will be able to offer the Fusion Center the Wal-mart plan for Homeland Security.

Bill

Almost since the first day after his election, County Judge Keith Self has tried to chart a new, more libertarian, populist course for the county commissioners court.

While the Collin County Observer has been generally critical of many of Judge Self's ideas, we have supported several of his initiatives, especially those relating to government transparency. From putting the county's checkbook online to broadcasting and recording county meetings, the Transparency Project has met its goal of making county government more accessible and accountable.

Self's efforts to rein in the cost of engineering contracts has also been supported by this blog. While we believe that it is not in the public interest to always go with the lowest bidder for road and bridge design, there has been too much of an 'insider' aspect to selecting engineering firms for large projects.

The scrutiny that resulted has reduced the cost of engineering service contracts to Collin County taxpayers.

However, far and away the most important issues facing the citizens of this county have to do with the growth of the county and the need for roads and more efficient transportation infrastructure. And on these issues, our County Judge is, well... nuttier than a Corsicana fruitcake
.
Collin County is one of the fastest growing counties in the nation. Our highways are all too frequently gridlocked - limiting growth potential, costing taxpayers uncounted millions in lost productivity and adding tons of exhaust to our already filthy air.

Yet one of Self's first public stances after taking office was to oppose the 2007 County Bond Program.

Among local elected officials, he stood alone. All 4 commissioners campaigned in favor of the bonds, which were overwhelmingly approved (2 - 1) by the voters.

Self wanted the county to use "pass through financing" from TxDOT to finance large construction projects, leaving the cities to pay for their own smaller secondary road improvements. His plan was a bad idea then and was soon proven to be a very, very bad idea, when not long after the election, the state killed the whole "pass through" program.

The Dallas Morning News, in an editorial after the election wrote, "Rookie Collin County Judge Keith Self was selling nonsense with his campaign to defeat a ballot proposition for road building. Voters, to their credit, weren't buying."

Earlier this year, he took his libertarian anti-transportation message to Austin where he was roundly castigated by several Texas Senators, including some from his own party for misrepresenting the Local Option Transportation Tax bill. Fellow Republican Senator John Carona of Richardson told Self that, "it seems to me that you do a disservice to the community by sending out the missives you've sent out before you even knew or understood what the bill said.... It is especially tragic that in a progressive part of the state like Collin County that this [Self] would represent the future leadership of the county."

Once again, the Dallas Morning News editorialized on Self's performance, calling it the "Keith Self side show", the News wrote, "Collin County Judge Keith Self has opposed bond elections to build roads, accused regional leaders of socialism and made fighting a bill that would give people the right to vote on rail expansion his top legislative priority. This week, he took his mischaracterizations of a rail expansion plan directly to the source, testifying before a Senate panel."

Last week, Judge Self stunned commissioners and court watchers with 2 presentations - both carrying the message to STOP road planning and construction.

In the first presentation, which was at the County Toll Road Authority portion of the meeting, Judge Self, speaking of the proposed Outer Loop, told the court that they should not be in a hurry to proceed with a $563,000 engineering study for Segment 3 because, as he said, "there is no hurry". Commissioners Jaynes, Ward and Hoagland disagreed. Jaynes pointed out that delay would cost the taxpayers $90,000/day in increased costs on the entire $4 billion Outer Loop program.

After an hour long discussion of engineering contract costs, property values and traffic projections, the court over-ruled Self's objections, voting to approve the contract 3 - 2. Commissioner Matt Shaheen voted along with Keith Self not to approve.

Despite Keith Self's objections, the county will continue to try to expedite the construction of the Outer Loop.

Later, in a heated discussion over projects to be assigned to the county's new citizen's Efficiency Committee, Keith Self, again supported by Matt Shaheen, floated the idea to stop this year's rural road asphalting program at 50 miles.

In 2004, the county committed to paving all 763 miles of county-maintained dirt roads within 10 years. The year to year goal has been to asphalt at least 50 miles per year - and every year, the county has exceeded its goal. This year, the public works department is on track to complete 70 miles.

Judge Self wants the county to stop paving at 50 miles and to warehouse the inventory of asphalt aggregate for next year. His reasoning is that the county would save money next year, because it would not have to purchase as much road making aggregate next year, when budget crunches could be harder.

Once again, Judge Self wanted to stop road construction, saying "We want to be husbanding our assets for next year".

Jaynes retorted, "If stopped doing anything, we wouldn't spend anything!"

Shaheen went on to explain that the county had "excess" inventories of aggregate totaling about $1.5 to $2 million. If construction were to stop, these inventories would be carried over to next year, saving the need to purchase as much in FY 2010.

Jerry Hoagland pointed asked that if there were excess inventories, "why wouldn't we use it up now?".

Joe Jaynes reacted to Self's idea with shock and indignation exclaiming that, "To say that you're at 50 [miles] and you have to stop is just government control at its worst. We have 300 days of reserves. The sky is not falling. It's going to be tougher next year, quite probably in appraised value but its not like we're some county in West Texas. And to tell these guys to cap it at 50 [miles], when we can go further is just like some of this short-sightedness we are seeing in some of these other things. We're worried about today, and not looking at the future."

"Now is the time to be doing this", said Jaynes, "not stopping."

Later in the week, Jaynes sent an email to his supporters:

Subject: Upgrading our County Roads--Please Forward

Dear Friends,

In 2004, the Collin County Commissioners Court adopted a road asphalting policy which is to upgrade 50 miles of road from rock to asphalt annually. Since that time we have exceeded 50 miles almost every year. Some years we have asphalted up to 60-70 miles of county roads. Under this policy our Public Works budget has not increased and we have also lowered the tax rate.

Our county judge has placed on our September 28th agenda to discuss freezing the miles of roads to be asphalted at 50. In other words, even if we can upgrade 60-70 miles of roads per year we should stop at 50 and then go into a maintenance mode.

This new policy means that it will take several more years to have all of our county roads upgraded and it will also be more expensive to taxpayers as the price of materials continue to increase.

Please join me in convincing commissioners that we should continue to upgrade our county roads as efficiently as possible and that we do not need a cap on how many miles we can upgrade every year. Please send an email to commcourt@collincountytx.gov in support of the continued upgrading of our county roads.

Once all county roads are upgraded we can then save taxpayers almost $9 million annually in upgrade costs and have a very much improved quality of life for our rural citizens.

Thank you,
Joe Jaynes

Battle lines are being drawn.

Hoagland and Jaynes believe strongly that the future development of the county requires continued investment in the transportation infrastructure. So far Ward has voted with Jaynes and Hoagland.

Self, with some support from Matt Shaheen, has tried to slow or stop virtually every mobility project in the works.

As a leader of a county that desperately needs tens of billions of dollars for transportation investment, he seems nuttier than a Corsicana fruitcake.

Bill

Is Thomas Jefferson's famous "wall of separation between Church & State" relevant in Collin County?

I wonder.

Tonight (September 21), the Collin County Commissioners Court will meet in special session to hold a budget hearing and conduct other business.

They are not meeting in their brand new Jack Hatchell Administration Building. Instead, they're going to church.

The meeting will be held at the First Baptist Church in Melissa. I find that troubling.

I find the choice of meeting place troubling because it is in a church when there are many other suitable government buildings in northern Collin County. I find it especially troubling because it is being held at First Baptist in Melissa.

Since 2002, the pastor of First Baptist is the Rev. Trey Graham. Graham, an unabashed social conservative broadcasts a radio talk show on a Christian Talk Radio station that co-mingles political and spiritual themes. For example, last week's program was a discussion of President Obama's health care plan and the upcoming race for Texas Governor.

His blog, Faith Talk, often interviews government officials, sends questionnaires to candidates for local office, and campaigns in local option elections. During the last presidential election, Graham wrote several articles praising Sarah Palin and criticizing Barrack Obama.

In 2006, Graham wrote in his blog that, "As a pastor, my calling is to help others find God and find a place of service in God’s kingdom. My desire is to persuade followers of Jesus Christ to live for the Savior outside the walls of the church, letting their faith guide their politics. I believe our county, state, and nation would be well served by having faithful Christian believers in positions of political influence."

Last year, the commissioners court appointed Graham their county "chaplain". They also paid him to moderate workshops designed to formulate new mission statements.

You don't have to be a 'knee jerk ACLU'er' to be concerned that the choice of meeting at FBM is disturbing. This is a church led by a pastor who is a political activist, and who has worked hard to influence policy on local, state and national issues.

The Reverend Graham is welcome to his political views, he has a right to them... but the County Government represents ALL the citizens in Collin County and ought, no must, keep its affairs at arm's length to that of any church.

Bill

To see an illustration of the difference between a service oriented company and your county government, look at how each treat their clients.

For example, at every company I've worked for, customers get the best parking spots, and employees park in the back. Go to a mall early on a Saturday morning - all the employees are parked way out at the end of the lots, leaving the close-in spaces for customers.

Now go visit the new county commissioners building (Jack Hatchell Administration Building) on Bloomfield Rd.

When you drive up, all the close in parking is marked "EMPLOYEES", citizens must drive around the back, or park in the outer lots.

Unfortunately, I'll bet none of our elected commissioners ever noticed. Most of them, although they spout conservative slogans, have worked for the government their whole lives.

Service is best learned in the marketplace.

It used to be that our elected leaders called themselves "Public Servants". When was the last time you heard that term used at the county courthouse? Here is Collin County, they refer to themselves as "Elected Officials".

Monday night, the commissioners court will hold its 2nd public hearing on the budget. In its simplest terms, the county budget is a plan to take the taxpayers money, and return it to them in services. I think that much of the time, the 'services' aspect gets lost in the debates over priorities, surpluses and deficits.

Perhaps budget time is the appropriate time to ask our elected commissioners to reflect on the meaning of 'service' and to ask them to consider themselves not as our officialdom but as our servants, serving the needs of their clients - the taxpayers.

We may then ask our public servants to consider service in their decisions on appropriations for public safety and indigent health care.

The public hearing on the budget will be at 6 PM, Monday, September 21 at the First Baptist Melissa, 2600 State Highway 121, Melissa, TX 75454.

Bill

Since the Victorian era, one measure of civilization has been, "do the trains run on time". In fact, the term, "the trains run on time" has long been a euphemism for competent leadership.

There is a certain sense of orderliness, of competence, that is gained from the confidence people have that what their society does, it does well. Therefore, governments that are capable of running efficient transportation infrastructure gain the respect of their citizens. Societies that can not seem to at least get the trains to run on schedule are derided as incompetent in all they do.

This last week, the Dallas region saw the opening of the first 3 mile leg of DART's new Green Line. The Green Line is expected to cost about $2 Billion and eventually run from the Carrollton area to Pleasant Grove.

There's one problem, though. After spending a decade on planning and $2 billion on building, DART can't figure out how to get its new trains downtown on time. According to the Dallas Morning News' Michael Lindenberger, the new Green Line trains have created a huge bottleneck downtown with the existing Red and Blue Line trains, causing DART engineers to constantly stop trains while waiting for the tracks in front to clear. A solution to the SNAFU seems beyond them.

The result - the whole Red, Green, and Blue schedules are no good any more - simply put, the trains do NOT run on time. They are late every day.

We suburbanites and exurbanites know that Collin County desperately needs a larger mass transit system.

We understand that we don't have the land to build bigger and bigger roads forever. We know that traffic tie-ups are costing billions, and will get worse. We know that automobiles are destroying the air we breathe. We know rail is expensive, yet necessary. But we can not escape the simple reality that -

Two billion dollars later, the trains don't run on time.

Bill

Thursday, the Collin County Health Care Advisory Board met to consider their recommendations for the "fee for service" (formerly "grant") health care agreements for fiscal 2010.

The board had received 8 applications. They approved all at at requested funding levels.

The recipients are:

• Allen Community Outreach, $17,400 for vision and prescription services.
• Assistance Center of Collin County, $10,590 for prescription drugs.
• Children's Medical Center, $24,900 for 415 sick child visits.
• Collin County Adult Clinic, $49,980 for 1,428 clinic visits.
• Community Lifeline of McKinney, $4,500 for prescriptions and medical supplies.
• Frisco Family Services, $4,500 for prescriptions.
• Geriatric Wellness Center, $16,600 for 750 clinic visits and 25 homebound visits.
• Samaritan Inn, $20,100 for clinic visits and referrals.

The board also voted to keep $53,000 in reserve for additional applications from non-profit agencies.

Fiscal 2010 will be the first time the county has funded programs with the Samaritan Inn and with Children's Medical Center. Both agencies have applied for funding in past years, but their requests were not approved. The Samaritan Inn is Collin County's only homeless shelter. They plan to use the funding for co-pay, referrals and prescriptions for their clients to use at community clinics.

Children's Medical Center is a large non-profit hospital in Dallas. It has opened clinics in Collin County, and the county funds will be used to provide visits to poor, uninsured children in Collin County.

While the county's total outlay will not go up, most of the non-profit agencies that are recommended for funding will see a substantial increase from their 2009 funding since fewer agencies applied and were approved.

Noticeably absent from the list of applications are the Collin County Committee on Aging, which received $45,000 last year for its Meals on Wheels program. According to the Health Department's Michelle Patrick, the Committee on Aging missed the application deadline due to confusion caused by a turnover in personnel.

Also missing from the list of applications was the Plano Children's Medical Clinic. The Children's Clinic was the first non-profit to receive county grant funds in 2005. Last year it was granted $21,000 down dramatically from the $50,000 awarded to it in prior 2 years. This year, the clinic chose not to apply for an agreement, citing the burdensome restrictions and paperwork imposed on it by the county. In 2008, two other charitable clinics declined the county grant money, citing privacy concerns with the newly required paperwork.

The Bridge Breast Network, which received $37,500 last year also did not file an application. The reason for the omission was not clear.

The Commissioners Court will consider the board's recommendations when it makes the final awards later this month. The county had budgeted $200,000 for the program, and the advisory board is asking that the $53,000 not awarded be held in reserve and that the application process be re-opened so that the missing agencies would have another opportunity to file their request. The board was particularly concerned that the Meals on Wheels program not miss out on funding for 2010.

The Health Care Advisory Board is a volunteer, citizen advisory board; members serve without pay. Each County Commissioner and the County Judge appoint 2 citizens to serve a term on the board. The board can only make recommendations. The Commissioners Court will make the final decisions.

All awarded funding is dependent on county approval on each client or patient served. Funding is only allowed for clients who are county residents, US citizens, with incomes below 100% of the Federal Poverty Level.

Bill

Today, I received an email from the North Central Texas Council of Governments asking my opinion on how they were doing communicating the decision making process on transportation and air quality.

Survey: NCTCOG Transportation Department Communication & Outreach Strategies

Let us know how we're doing and share your ideas.

The NCTCOG Transportation Department would like to effectively educate North Texans, seek input and involve residents in the transportation and related air quality decision-making process.

Go to www.nctcog.org/outreach to complete a brief survey about our communication and outreach strategies. It will take less than 5 minutes. Results will be used to evaluate and revise communication and outreach plans. Please complete the survey by Friday, Sept. 4.

They got my opinion. For what its worth, I replied:

"Every public meeting I've attended seemed designed to justify COG activities - not to listen to public input.

The public should be heard by the decision makers - not staff. At least one board member or Senior COG official should be in attendance at every public meeting.

The RTC and other committees should take record votes on all items dealing with money. The votes should then be published in the minutes.

....and how about some real transparency? Your budgets, audits and checkbooks should be online. Grant awards should be listed online.

You need to remember that you are funded with tax dollars. Your actions must always be open and transparent."

COG's email ended with:

"Please forward this e-mail to anyone who would be interested in learning more about transportation news."

"If you did not receive this e-mail directly, sign up at www.nctcog.org/transcomm to receive future public meeting notices and other transportation news."

I hope our readers will consider this as a forwarded request to tell the NCTCOG what you think of the agency's communications and openness.

You can access the survey directly at www.nctcog.org/outreach

Bill

Last week, after 2 days of budget hearings, the county commissioners' court recommended a 'no tax rate increase' budget for fiscal year 2010 which begins October 1, 2009.

Total combined budget (all funds) will be just under $270 million. and the operating funds budget will be about $174 million - which is a small(less than 1%) increase over last year. The budget balances revenues to expenses so that no deficit or draw down from reserves is anticipated. (The county has over 300 days of reserves - close to a full year's operating budget)

The county expects total revenues of $270 million, of which $174.2 million is from property taxes, and the balance is from fines, user fees and service charges.

Since the tax rate remained the same, but average property values declined, the typical homeowner will pay about $3.20 less in county taxes next year as opposed to this year.

The county will employ 1,093 employees and the employees will get an average 2% salary increase; however elected officials will get no raises in 2010.

Some highlights from the 2 day workshop included department heads who were appealing items that had already been cut from the proposed budget.

- The first appeal was made by Precinct 1 Constable Paul Elkins, who wanted $1,400 dollars, in part to pay for a camera to be used in traffic and illegal dumping enforcement. The Constable told the commissioners that these items would pay for themselves with just 17 collected traffic fines averaging $82 each. He got the money. Correction: He got nothing.

- Next was retiring District Clerk Hannah Kunkle who asked for an delinquent tax collection clerk. The position would be paid 1/2 by attorney David McCall (who has the contract to collect delinquent taxes for the county.) Kunkle offered to pay the other half from the document preservation fund, which are fees collected from all users of the clerk's office. The document preservation fund currently has a balance of $600 thousand. the court will readdress this at the budget hearings. They wanted a legal opinion on whether the use of preservation funds would be legal.

- Judge Johnny Lewis, the justice of the Peace in Plano's JP court 3-1, asked for an additional clerk. Once again, he used fines revenue to justify his need for additional resources. Judge Lewis noted that in 2005 his court had a budget of $270 thousand and collected $260 thousand in fines. But in 2009 the budget was $318 thousand while collected fines and fees were over $800 thousand.

Later, on Tuesday, the court moved one clerk from Judge Raleeh's Court to Precinct 2 in Wylie, and one clerk from Judge Yarbrough to Plano. Judge Raleeh volunteered, but the pull from Yarbrough was imposed by the court.

The total number of constable deputies will remain the same, but Precinct 2 Constable Joe Barton and Precinct 3 Constable Chuck Presley will each gain one deputy, and Precinct 1, and Precinct 4 will each give up one.

It was just last week that Presley told the Commissioners that he could begin traffic patrol because his staff had free time.

Commissioner Jaynes told the court that he was concerned that constables working traffic had effective policies in place to avoid issues such as the chase that occurred in Dallas last month.

The shuffling of JPs and constables is the direct result of the redistricting done earlier this year.

- District Attorney John Roach asked for additional staff in the family services division. Two positions were put into a contingency fund, until the caseload numbers could be verified and tracked.

-Tax Assessor Collector Kenneth Maun requested 6 additional staff, but under intense questioning led by Commissioner Shaheen, Maun could not quantify any savings gained from new technologies implemented in 2009, nor did he have any data on costs of not getting the new clerks. He got nothing.

-Health Administrator Candy Blair found herself defending her budget, since her actual spending has been much lower than budget.

Jerry Hoagland objected to the Health Care budget, saying that the Health Care Trust Fund was spending more than its income. He wanted to lower the maximum income standard for indigent care, eliminate the non-profit grants and the Prima Care programs. He didn't get his way.

In the end, the court cut $500,000 from the health care department budget that they felt was simply padding. The court did tell Ms. Blair that if an emergency required more funds, she could come back to the court later in the year and request additional funds.

-There was a lot of discussion over professional memberships. The court did discuss pulling out of the Texas Association of Counties.

Judge Self and Commissioner Shaheen have disagreements with some of the positions TAC has taken in its lobbying efforts. At one point Judge Self stated, "[The TAC] seem to spend all their time fighting tax cuts for citizens".

After much discussion, the $2,400 membership dues to TAC was approved, as was the $19,000 in dues to the Conference of Urban counties. However Collin County will pull out of the regional planning coalition, TEX21.

Other departments will be required to limit membership to three professional organizations.

-There were a few sharp exchanges over two proposals by Judge Self to cut staff - in the Agriculture Extension Office and in County Administration. Self justified both cuts saying that the ratio of support staff to professionals was too high. Self took umbrage at comments made by both Joe Jaynes and Kathy Ward who stated that the cuts were being made "because you can" and without any supporting data. The court defeated both personnel cuts in a 3-2 vote.

There will be two public hearings on the proposed budget - Monday, September 14 at 9:30 AM and Monday September 21 at 6:30 PM.

The final budget will be approved at the September 28th meeting and go into effect on October 1.

Bill

Despite all the open government rhetoric from the County Judge and Commissioners, the Collin County Commissioners Court took a giant step backwards in government transparency in this year's budget deliberations.

Last year, the commissioners court held 5 days of public hearings on the fiscal 2009 budget. Those hearings included presentations by all department heads and by many elected officials. The hearings were held in the commissioners court room, they were video taped, the videos were posted on the web and minutes were taken and also posted on the county's web site.

Not so this year. They took the budget hearing 'on the road'.

This year, the commissioners court instead scheduled meetings with most departments at the departments' own offices in various locations throughout McKinney. These meetings were held on June 8, June 15, June 22, July 13, July 20 and July 27. While notices of the meetings were, as the law requires, publicly posted, no citizens were in attendance. No video record appears to have been made of any of these meetings (except the first, held on June 8 in the commissioners' court room) and no minutes have been posted.

The commissioners, in effect, gave themselves a free ride to meet outside the public view for 5 different budget meetings.

Perhaps the no show by taxpayers wasn't entirely the court's responsibility, but posting minutes is.

While minutes for the regular sessions of the commissioners court meetings on June 15, June 22, July 13 and July 20 have been approved by the court and posted on the county's web site, none of these minutes make any mention of any budget discussions held on those dates.

Section 551.021 Of the Texas Government Code requires that minutes or a tape recording be made and made public for all open meetings of the commissioner court.

Sec. 551.021. MINUTES OR TAPE RECORDING OF OPEN MEETING REQUIRED. (a) A governmental body shall prepare and keep minutes or make a tape recording of each open meeting of the body.

(b) The minutes must:

(1) state the subject of each deliberation; and

(2) indicate each vote, order, decision, or other action taken.

Sec. 551.022. MINUTES AND TAPE RECORDINGS OF OPEN MEETING: PUBLIC RECORD. The minutes and tape recordings of an open meeting are public records and shall be available for public inspection and copying on request to the governmental body's chief administrative officer or the officer's designee

As of today, no such minutes of 5 of these meetings have been posted on the web or sent to the court for approval. I am beginning to doubt they exist. The budget hearing on June 5 (Homeland Security and Fire Marshall) was taped and is posted on the web.

The court will conduct 2 days of public budget discussions on Monday and Tuesday (August 17 & 18). The 2 day meeting will include many of the departments' budgets that were already discussed in the previous non-recorded meetings. What the public will see might be only what the court wants the public to see - there will be no way for citizens to know what has already been discussed and decided on.

As a part of the budget meetings to be held this week, the court will determine the salary increases for all elected officials. Last year, the court appointed a citizen's committee to recommend elected officials raises - this year no such panel was appointed, but it is expected that the court will not be granting any salary increases to any elected officials.

The court will also have to give notice of and set the tax rate for FY 2010. No changes to the current rate is expected. After the court approves the new tax rate, it will, in accordance with state law, schedule 2 public hearings on the tax rate and budget.

Bill

Spanish firm to receive $3.6 million after losing road project
By Gordon Dickson / Fort Worth Star Telegram

The Regional Transportation Council agreed Thursday to pay Spanish firm Cintra $3.6 million to cover costs the Spanish firm incurred before losing its bid for the Texas 121 toll road project, despite objections from some Denton County officials.

The road is now known as Sam Rayburn Tollway, and connects cities north and east of Grapevine such as Coppell, Carrollton and Plano.

Cintra, a publicly held firm known worldwide for building toll roads with private investment dollars, was conditionally awarded the toll project in Denton and Collin counties by the Texas Transportation Commission in February 2007. But under pressure from Dallas-area leaders, the state commission terminated that award in August 2007, allowing the Plano-based tollway authority to take the project.

During the seven months it held the project, Cintra incurred costs related to the federal TIFIA loan program, a stipend for unsuccessful work and other, unidentified post-bid costs, North Central Texas Council of Governments transportation director Michael Morris said.

Denton County Commissioner Andy Eads spoke against the payment, noting that Denton County wanted Cintra to keep the project. "For Denton County to now be looked at to remedy this is, in our opinion, inappropriate," Eads said.

Even so, the 40-member RTC approved the $3.6 million payment on a unanimous voice vote.

The money will come out of toll revenues generated on the tollway in these counties: Denton County, $1,961,063; Collin County $1,446,086; and Dallas County $253,065.

read more....

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Bill comments:

If the RTC voted unanimously, as the article states, then Collin County's representatives on the RTC must have agreed to send our toll money to this Spanish company.

It doesn't seem right to use tax or toll revenue to pay the expenses of a losing bidder. The last Texas Legislature authorized this kind of payment. Previously such a transfer of public funds was illegal.

Your representatives on the RTC are:
Joe Jaynes, Collin County Commissioner, Pct 2
Paul Wagemen, NTTA Chairman (from Plano)
Lee Dunlap, Plano Deputy Mayor Pro Tem
Brian Loughmiller, McKinney Mayor
Maher Maso, Frisco Mayor

One on my chief complaints with the RTC is that they do not take record votes. I suspect that if each member had to attach his name to a proposal, they might be more careful what they vote 'yes' to.

Bill

Pro Publica has created a website that details who has received federal stimulus funds targeted for local uses. I spent some time looking over the numbers, and what I found was eye opening.

The national per capita average was $181, Texas' residents saw $150 each, but Collin County only $28.

It should be noted that these figures are funds allocated for local purposes. The State of Texas, like other states, also received federal funds for unemployment insurance, medicaid, education, transportation and other projects. Much of the funds given to the state will filter down to local projects through grants.

The Statewide grants to Texas equaled $66.6 billion or $120 per capita. The national per capita average was $216.

The local stimulus

On a per capita basis, Texas ranked 47th of the 50 states in receiving locally allocated stimulus money. Number one was Alaska, which was given $1,024 per person. Last was New Jersey at $248. Texas so far has received $6,551,358,976 or $269 per person in the state.

Of the 254 Texas counties, Collin ranks near the bottom at 231st. Brooks County in the Big Bend area was granted almost $79 million for highway construction. With a tiny population of only 7,500, their per capita grants were the highest in the state at $10,459. Six counties received no stimulus funds. Collin County received $21 million or $28 per person.

Collin County didn't fare any better in the North Central Texas region either:

Collin County did not directly receive any of the local funds. They were granted to businesses, schools and cities for specific uses. The largest single grant was to Plano ISD for a Title 1 grant of $3.8 million. The largest grant to a private firm was a $771 thousand SBA loan to Landes Properties of McKinney.

Stimulus contracts, grants and loans as of July 20, 2009

Bill

The Collin County Observer as been following the efforts of former 380th District Court Judge Charles Sandoval to find work as a visiting judge.

Judge Sandoval, who had the lowest 2007 bar poll ratings of any judge in Collin County, was defeated in the 2008 Republican primary by Suzanne Wooten.

After his ouster by the voters, Sandoval tried to secure an appointment as a visiting judge in Collin County, but his fellow county jurists voted to bar him from serving on any Collin County District Court bench.

Sandoval then tried to secure an appointment as a substitute judge in the Collin County Courts at Law, but that appointment was rescinded after some local judges complained.

It was then reported that he even asked the Governor to appoint him to the newly created 429th District Court. Governor Perry declined and appointed Judge Jill Willis to the new court.

Not to be dissuaded, Sandoval took his case to the Texas First Administrative Judicial Region.

There he finally got his job.

Judge John Ovard, who is responsible for the appointment of visiting and substitute judges in the 34 county NE Texas region, appointed Sandoval to hear cases in a Dallas County drug court for a week in June.

I spoke to Judge Ovard and asked him if he was aware of the fact that the Collin County district judges had prohibited Sandoval from serving on a Collin County bench. Judge Ovard told me that he knew that and he would, "never appoint him to a court in that [Collin] county".

Visiting judges receive expenses and a salary of about $400/day. Judge Ovard told me that he asked another visiting judge in the Dallas drug courts how well Sandoval performed, and was told that he did a "good job".

Collin County Observer readers will remember that it was Judge Sandoval who invited Hythium Corp. to test unproven drugs (Prometa) on drug offense probationers. During the tests, one participant died of suicide - no empirical records were ever kept by the court or the county, and since Sandoval's ouster, no Prometa testing has been done in Collin County or in Texas.

There is some real irony in Judge Sandoval's serving on a Dallas County bench. Dallas County has a rule that judges defeated in an election can not serve as substitute or visiting judges.

Last year, in protesting the local judges who would not allow him to be appointed visiting judge in Collin County, Sandoval wrote to his former fellow Collin County judges that Dallas' rule was a "dumb rule". He then asked, "It sometimes happens that better candidates are defeated by lesser candidates. That certainly happened in Dallas two years ago. To put it differently, if you were given the choice, sight unseen, to have a defeated Republican judge in Dallas try your case, or the victorious Democrat, which one would you choose?"

Collin County frequently often gets a bad rap from Dallas for sending our poor indigents to Parkland Hospital. I suppose that now Dallas' citizens can also complain that we send our poor judges to the Frank Crowley Courthouse.

Bill

Did you know that Collin County had a clinic just for employees?

They do. The clinic, on McDonald Street, offers basic heath care to employees as well as pre-employment physicals, check-ups and workman's comp care.

The clinic, run by the county's Department of Health Care Services, is asking the commissioners court to approve an unbudgeted $3,543 to purchase an Intoxilyzer. An Intoxilyzer is the device that the police use to perform breath tests on suspected drunk drivers.

According to paperwork sent to the commissioners by Candy Blair, "This piece of equipment would be used in our Employee Health Clinic to perform work-related alcohol screenings as required by law".

Ms. Blair's proposal includes 2 hours of training for one training instructor at the clinic.

Ms. Blair's request doesn't explain why the county can't make use of one of the several Intoxilyzers at the Sheriffs Department. It would seem to this writer that the use of experienced law enforcement officers to perform any work related intoxication testing would be far superior to less well-trained health care technicians.

Using the Sheriffs' personnel and equipment would also save the taxpayers $3,543.

Bill

Update July 27:

The Court pulled the Intoxilyzer purchase off the agenda, so no decision was made.

Bill

From a Collin County press release:

(McKINNEY, Texas) – The Collin County Board of District Judges today appointed Jeff May as Collin County Auditor, effective Sept. 1, as Don Cozad retires after serving as Auditor for the last 14 years.
The County Auditor serves as a check on the integrity of financial operations of other county offices, protects county assets, and maintains accurate financial and accounting records. The Auditor is an appointed position that is renewed every two years by a majority vote of state District Judges here.
Mr. May’s appointment took place this morning during a Board of District Judges meeting, state District Judge Chris Oldner said. Mr. May has worked in the Auditor’s Office and the county’s Budget Department during his 14 years with the county, and will oversee a staff of 30 employees.

Mr. Cozad has served as Auditor since 1995, and will retire on Aug. 31.

“We want to congratulate Jeff on his appointment and wish Don Cozad well as he transitions into a much deserved and well-earned retirement,” said Judge Oldner.

I suspect few are surprised that the district judges appointed May. He was the logical choice, especially given that it would be almost impossible to recruit from outside the county. May is well regarded by his fellow county employees, and he has extensive experience in both the Auditor's and Budget offices . He is seen as less confrontational than his predecessor, Don Cozad.

I would guess that the district judges had very few applications from first rate auditors from outside the county. After all, the commissioners court tried to financially ruin the previous auditor. After the commissioners sued their auditor, Mr. Cozad found himself with over $100,000 of legal debt that the county refused to pay.

The commissioners lost every single case and appeal they filed against Don Cozad, incurring over $300,000 in legal fees in a futile effort to intimidate an auditor who is supposed to be independent of the commissioners court.

Mr. Cozad has now been paid as part of a negotiated settlement with the county commissioners court.

The Collin County Observer wishes Mr. May good luck in his dealings with our elected commissioners.

Bill

Over the last several years, the Collin County Commissioners Court has awarded "no bid" contracts in excess of $1.2 million to ADB Consulting of Santa Fe New Mexico. ADB is owned and operated by Dr. Bob Johnson and his wife, Anita Miller. Dr. Johnson is the son of US Congressman Sam Johnson of Plano.

These 'no bid" contracts awarded federal and state grant funds to ADB for construction and operation of the North Texas Fusion System.

The Fusion Center is a high-tech data center that collects, analyzes, and distributes data on possible terror and environmental threats. It is operated by Collin County, but mostly funded with federal homeland security grants.

Stung by criticism of insider dealings for not requiring ADB to submit competitive bids, the commissioners court in February put the contract for running the Fusion Center out for bid. WFAA's Brett Shipp reported that the county's Homeland Security Director, Kelley Stone acknowledged that Dr. Bob Johnson helped to write the bid specifications, even though ADB planned to submit a proposal.

The closing date, when all bids were required to be submitted, was March 19, 2009.

Yet almost 4 months later, no contract has been awarded.

Two months ago, I asked the county's Purchasing Agent, Frank Ybarbo what was holding up the award. "Were any qualified bids received?", I asked. Ybarbo told me that the county had indeed received 5 qualified bids. He confirmed that one of the 5 bidders was ADB Consulting.

Ybarbo told me that when bids are opened, the affected county department managers analyze them, and may take an option to further negotiate with one or more of the bidders. Nevertheless, Ybarbo thought that the bid would be ready for the Commissioners Court to make an award in late June.

The affected department head is Kelley Stone, who was the one who brought ADB and Dr. Bob into the Fusion Center. Stone has admitted that before now, no other vendor had been given an opportunity to quote work for the Fusion Center.

In fact, when back in 2007 another vendor, Sypherlink, attempted to bid on subcontracted work for ADB at the Fusion Center, its bid was thrown out in favor of another insider deal - this time for a company headed by Dr. Johnson's brother-in-law. Sypherlink wrote a letter to Kelley Stone and Frank Ybarbo, but the county took no action to enforce or report the alleged federal nepotism violations.

Federal grant money however, keeps rolling in. Recently, Congressman Ralph Hall submitted an earmark that would evade normal grant writing procedures and give the Fusion Center another $500,000 in federal funds for "Completion of the North Central Texas Fusion System".

After having a history of insider dealings with one politically well connected vendor (ADB) who actually helped write the bid specifications, the county has spent over 100 days "negotiating" rather than making an award.

There's a rotten smell beginning to come from this whole deal.

Bill

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

Collin County Observer coverage of the NCTFS:

What's wrong with the North Texas Fusion Center?, CCO April 8, 2009

Fusion Center kills controversial newsletter, CCO April 6, 2009

Commissioners refuse Fusion Center grant that would benefit ADB, CCO March 13, 2009

Fusion Center vendor accused of nepotism and unfair competition, CCO March 8, 2009

Fusion: Fear, Fiction, Fact and Freedom, CCO, Feb. 2009

County pays ADB over $1.1 million in no-bid Fusion Center contracts, CCO, Dec. 2008

Commissioners to consider "no bid" contract for Fusion Center, CCO, Dec. 2008

While Plano was watching TV, what was the Fusion Center doing?,CCO, May 2008

Other media coverage:

Fusion Center's spending questioned in Collin County, WFAA Channel 8, May 2009

No More Lobbyist-Terrorists?, The Texas Observer, April 7, 2009

Dr. Bob's Terror Shop, The Texas Observer, April 2, 2009

Keystone Kounter-Terrorism, The Texas Observer, March 20, 2009

Collin County's fiscal year runs from October 1 to September 30. Fiscal 2009 is now 75% done and with budget planning already begun for FY 2010, it seems like a good time to search the county's check register to see how our commissioners are spending our tax dollars on themselves.

Commissioners make a great salary. They get to set their own pay rate and benefits - and it shows. In 2009 each commissioner made $111,146.00 in base salary. Keith Self, the County Judge was paid $136,073.00. In addition, the commissioners and county judge are entitled to a fine health insurance plan, retirement benefits, life insurance, and long and short term disability policies.

They are also entitled to submit expenses for reimbursement. So far in FY 2009, the Commissioners have been reimbursed for over $2,600 in 'business meal' expenses alone.

There is a large disparity among the commissioners in the use of tax dollars for their meals - Pct. 2 Commissioner Jerry Hoagland seems to be the biggest eater on the court. His $1,785 in meals takes the lions share of all reimbursed dinners - accounting for almost 70% of the entire year's charges by commissioners. Pct. 4 Commissioner Kathy Ward spent the least - she spent zero tax dollars for her food.

FY2009 Reimbursements for Business Meals

The County judge and commissioners have submitted a total of over $13,500 in reimbursable expenses. These expenses are for travel, training, conferences and meals. County Judge Keith Self was the biggest spender overall, racking up reimbursed charges of over $4,800. The next largest spender was Pct. 3 Commissioner Joe Jaynes, who spent almost $4,400. Again, the smallest spender was Commissioner Kathy Ward, who turned in only $375. in expenses.

Total FY2009 Expense Reimbursements

Bill

After the health care debate last night where every single county commissioner used his or her definition of 'conservative' to justify their vote either for or against restricting health care grants to nonprofit clinics who serve our poorer neighbors, I spent a few moments reflecting on what 'conservative' means to me.

I'm old enough to remember many constructions of conservative, from Eisenhower to Bush.

I listened closely as the citizens and commissioners debated what level of empathy for the uninsured was appropriate for county government. I listened to debates about using tax dollars to fund charitable organizations. To some it mattered not that the charities were cost effective.

Three commissioners believed that they were the best judge of community needs, The other two argued that the charitable clinics were the best judges of the needs of the community. All the clinics needed was assistance in carrying out what they saw as their mission to the poor, they said.

Now I believe that basic human values, such as a work ethic, respect for the individual and compassion for the least among us transcend narrow definitions of conservative and liberal.

But I'm a citizen and a taxpayer. To me a conservative government takes care of the community's needs in an economical manner. I expect my leaders to do all they can to conserve taxpayers' dollars and to spend them wisely.

As I said I'm a taxpayer - a Wylie taxpayer. Last night I saw conservative leadership, but I saw that leadership not in the front of the room where the commissioners sat, but in the far back corner.

Let me explain.

Last night's meeting lasted over 3 hours. Wylie City Hall is usually closed that late at night, but doors were open and lights were on to accommodate the 100+ citizens who attended the commissioners' court session.

As the meeting wound down, I noticed Mindy Manson, Wylie's City Manager, sitting in the back of the room. She was patiently waiting for the room to clear so she could turn out the lights and lock the doors.

The City Manager, the highest paid official in the city was waiting to close up city hall. By doing it herself, no overtime was incurred by the city, and as she told me, she didn't have to ask an employee to stay late away from his family.

That's conservative leadership.

Bill

Every year, the State Comptroller lists unclaimed money that has been sitting in old bank accounts.

The Dallas Morning News reports that the Comptroller found over $80,000 that belongs to Collin County but has been unclaimed. These funds have been abandoned for more than 10 years.

Most are funds that were sent to the County Tax Assessor, Kenneth Maun.

You can see the list of all funds held for the county at the Comptrollers "Abandoned Property" web site.

Bill

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

Thousands of dollars going unclaimed by North Texas cities, agencies

06:54 AM CDT on Wednesday, May 27, 2009

By SCOTT FARWELL / The Dallas Morning News

In an age of bank bailouts and runaway foreclosures, of gaping holes in government budgets and looming layoffs, several North Texas public agencies have left money on the table.

Consider Collin County.

A search of the Texas comptroller's "Unclaimed Property" Web site – a database of misdirected and uncashed checks – reveals about $80,000 languishing in the state account.

The city of Dallas is owed about $17,000, the Dallas County tax assessor an estimated $2,700 and the Dallas Central Appraisal District about $1,700.

Texas law requires businesses, financial institutions and governments to send unclaimed funds to the state. In some cases, the money is an employee's final paycheck or utility deposit or proceeds left over from a real-estate deal.

"Who can't find us?" said Collin County Tax Assessor Kenneth Maun. "My understanding is this is where utility deposits and things like that go when you can't find where to send the check."

For Collin County and others, the money has been piling up for more than a decade.

The Collin County child support office has let $159.69 from the Saddle Creek Corp. linger since 2007. A $15 check from First Bank has been awaiting the Collin County clerk's office since 2003.

And the Collin County district attorney's office, also since 2003, has left an $831.66 check go unclaimed from First State Bank.

About $1.8 billion has accumulated in the state account since the 1960s. It belongs to residents, businesses and government agencies.

read more....

Money for the taking

Wednesday, May 27, 2009
The Dallas Morning News

A sampling of entities with unclaimed money:

Collin County – $80,000
Dallas County tax assessor's office – $2,700
Dallas Central Appraisal District – $1,700
City of Dallas – $17,500
Dallas Independent School District – $2,100
The Dallas Morning News – $2,400

NOTE: Totals are estimates.
SOURCE: Texas comptroller's office

It was on April 8, 2008 that Don Cozad, the Collin County Auditor asked the Texas Attorney General to rule whether the auditor had the right to access county computer software for auditing purposes. A year later, on April 28, 2009 the Auditor and the County Commissioners have signed a settlement.

What year its been getting to a settlement!

Background:
The issue of access by the auditor's office had been long simmering since the county installed the PeopleSoft program to run all of its HR and payroll functions. After being frustrated by roadblocks to read-only data access thrown up by the commissioners and other elected department heads, the Auditor, with the consent of the District Judges, asked County District Attorney John Roach for a written opinion on the question.

DA Roach declined to issue an opinion and suggested that Cozad take the matter to the Attorney General. He did, and the county commissioners filed suit in district court to stop the AG from ruling. The auditor filed a counter suit and then also filed suit as an individual against the commissioners.

The commissioners then refused to pay the auditor's legal bills.

After much legal gymnastics, visiting Judge Jerry Calhoun denied the county's request for a trial and ruled in a summary judgment for the Auditor on all counts. The county filed a new law suit, this time asking for a trial to prohibit the auditor from accessing computer software without prior permission from the county. Once again, Judge Calhoun refused the county a trial and ruled in favor of Cozad. The county then appealed.

After losing in court twice, the commissioners asked Rep. Jerry Madden to file a bill in the Texas Legislature that would limit the rights of the auditor to inspect computer software. The bill was roundly criticized in committee and will not survive to a vote.

At this point, with the chances of a successful appeal doubtful, it seemed that the commissioners court would have to come to some sort of agreement with Cozad.

With the signing of the final settlement who really did win?

The settlement or Memorandum of Understanding (MOU) between the Auditor and commissioners requires that the county pay Mr. Cozad's attorneys, Siebman, Reynolds, Burg, Phillips & Smith, $150,000. With the estimated cost of the county's own legal bills from Gardere Wynne Sewell at over $200,000, it seems that the lawyers could certainly count themselves among the winners.

In the MOU, the commissioners promise that Cozad would be able to gain read-only access to the PeopleSoft program, and to any software "owned, operated, and/or in the custody/custodian control of Commissioner's Court departments."

The restriction to "Commissioner's Court departments" could be an issue in the future. In her testimony before the Texas House County Affairs Committee in March, Caren Skipworth, the county's IT director, testified that some departments under elected officials controls had refused read-only access to the auditor. Skipworth specifically mentioned the District Attorney's office and the Tax Assessor-Collector.

The MOU between the commissioners and Cozad could be read as to exclude these departments from the agreement, although sources who are familiar with the MOU have told me that they expect no such challenges. The MOU also does not address access to the Odyssey system, which many believe was the real issue behind the commissioner's lawsuits. (I have heard rumors that Tyler Technologies has upgraded much of Odyssey to allow for an auditor's portal.)

As a result of the agreement, Don Cozad gets all his legal bills paid without having to wait for a lengthy appeals process. In the end, he gave up virtually nothing and did get just about all he asked for. Cozad is a winner here. He wants to retire. Now he can, and with the assurance that he will not take a huge personal financial hit as a result of these lawsuits.

Collin County got off the hook on its lawsuit. The Commissioners negotiated an inexpensive software package (the same ACL software the auditor asked the court to authorize on two separate occasions, but was refused) that the auditor will use for read-only access to their large software systems instead of requiring major and expensive modifications.

However, now that Cozad is retiring, the County will have a difficult time recruiting a top-notch replacement auditor. After all, what seasoned professional wants to got to work for an employer who tried to financially ruin his predecessor.

In the end, it is the Taxpayers of Collin County who are the big losers. They paid well over $350,000 to litigate a law suit that the Texas Attorney General could have decided for free.

Bill

Postscript:
In this uncertain financial environment, I hope but do not expect that our elected Commissioners Court will accept the responsibility for their actions and repay the taxpayers the money that was frivolously spent pursuing these disastrous lawsuits against the taxpayers' auditor.

Budget planning for FY 2010 has already started. It will take a $70,000 salary cut by the County Judge and each of the 4 commissioners to pay back the taxpayers for the court's recklessness.

BB

NOTES:

Documents:

Memorandum of Understanding, dated April 28, 2009

Cozad's letter to Judge Self and the Commissioners Court, dated November 25, 2008

Judge Calhoun's Final Judgment, dated October 15, 2008.

Collin County's Response to the Auditor's and intervenor's first traditional motion for partial summary judgment, August 4, 2008

Sworn Affidavit of Caren Skipworth, August 1, 2008

Don Cozad's request for Attorney General's opinion, dated April 3, 2008.

Coverage by the CCO and press:

County settles with Auditor, CCO April 29, 2009

Collin County Auditor - The media catches on, Madden doesn't, CCO March 11, 2009

Auditor told to grovel - still gets nothing, CCO February 24, 2009

Auditing, Collin County Style, CCO January 22, 2009

Who gains from the county's suit against its auditor?, CCO November 18, 2008

Turf battle costs taxpayers over $300,000, CCO, November 9, 2008

Expensive turf war with taxpayer dollars grinds on, CCO, August 13, 2008

County auditor won’t have to answer deposition questions - McKinney Courier-Gazette August 12, 2008

Officials meet today in court over county's suit against its auditor, Don Cozad - McKinney Courier-Gazette August 11, 2008

Auditor alleges county Open Meetings violations - CCO June 11, 2008

Auditor asks for an attorney - CCO June 9, 2008

Who authorized the suit against the Auditor? - CCO May 28, 2008

County seeks declaratory judgment against auditor - McKinney Courier Gazette May 23, 2008

I protest yet another secret meeting - CCO May 20, 2008

Who's watching the store? (And the disk drives?) - CCO April 26, 2008

Remember Prometa?

Prometa is the controversial, unproven drug treatment regimen involving a "cocktail" of drugs delivered intravenously and sold by Hythiam, an upstart company founded by Terren Peizer, a stock and bonds whiz kid.

Hythiam argued that it didn't need FDA approval, instead the company aggressively marketed Prometa to government agencies.

Former Collin County district Judge Charles Sandoval liked Prometa. He experimented with it, using convicted meth addicts as guinea pigs, even though the drug program had not been approved by the FDA.

After a series of scandals and setbacks, there are to the best of my knowledge no government agencies that are testing or using Prometa any more.

For several years now, Hythiam has promised to release peer reviewed, double blind testing results that will prove that Prometa is effective. Instead all it has published are more promises and hypes for its stock. The few test results it has released have not been peer reviewed. (Hythiam has the disconcerting habit of using its financial marketing group to write scientific sounding press releases that end with financial disclaimers.)

So what is Hythiam doing now?

Well mostly, it appears to be trying to stay afloat. Its sales are down and operating losses are up. The company has changed its marketing emphasis from selling to governments to HMO's. The number of clinics licensed to sell the Prometa program are down from 70 in 2007 to 49 in 2008.

Back in 2007, Hythiam stock was trading for about $9.00 per share. When the Collin County Observer published its first article in January of 2008 questioning the use of Prometa on probationers, the stock was trading at about $3.00.

Today, Hythiam closed at $0.26 per share. Hythiam stock has traded as low as $0.17 this year. Morningstar lists the stock as "distressed".

...and Peizer is still trying to sell the stuff (Both the stock and the drugs).

Bill

Monday night, after the Collin County commissioners met in executive session, they voted 5 - 0 to approve an 'agreement' settling their lawsuits against Don Cozad, the county's internal auditor.

Terms of the settlement are not available, but the Collin County Observer has requested a copy of their 'agreement' and will publish it here as soon as it is released.

Last year, the county commissioners lost two lawsuits they filed against their auditor, who was trying to gain access to county computer systems. The commissioners had appealed the summary verdicts against the county. Today was the deadline for filing a brief in the 5th Court of Appeals.

The County first filed suit against their auditor last May in an attempt to stop him from asking the Texas Attorney General to rule on a dispute over access to the county's large computer systems. Cozad was seeking 'read only' access to all administrative and data areas of these programs. He stated that he needed that access in order to verify the integrity of the financial data the programs reported.

When visiting Judge Calhoun ruled in a summery judgment against the county, the commissioners filed a second suit seeking to simply prohibit the auditor the access he required.

Once again, without a trial, Judge Calhoun entered a verdict for the Auditor on all points. The judge also ordered the county to pay Cozad's attorney fees. After filing an appeal, the county asked Plano's State Representative, John Madden to file a bill in the legislature limiting an auditor's access to automated systems. After a committee hearing that was a disaster for Collin County Judge Keith Self, most capital observers consider Madden's bill dead.

So, after almost a year of failed litigation, failed legislative action and the expense of over $300,000 of taxpayer money, this case seems to finally be at an end. It is really tragic that Cozad's lead attorney is unable to share in the victory. Homer B. Reynolds III died earlier this month, just a few weeks before the county's settlement.

It has been almost exactly a year since the Collin County Observer first wrote on Cozad's attempt to seek an AG opinion. All of this could have been avoided if the commissioners had let Mr. Cozad exercise his right to seek that independent opinion from the Texas Attorney General. The hubris of the elected commissioners has cost the taxpayers of Collin County over $300,000, has effectively ended the career of a long time, honest and dedicated auditor, and has seriously tarnished the reputations of each and every member of the Collin County Commissioners Court.

Bill

Notes:

Documents:
Cozad's letter to Judge Self and the Commissioners Court, dated November 25, 2008

Judge Calhoun's Final Judgment, dated October 15, 2008.

Collin County's Response to the Auditor's and intervenor's first traditional motion for partial summary judgment, August 4, 2008

Sworn Affidavit of Caren Skipworth, August 1, 2008

Don Cozad's request for Attorney General's opinion, dated April 3, 2008.

Coverage by the CCO and press:
Who gains from the county's suit against its auditor?, CCO November 18, 2008

Turf battle costs taxpayers over $300,000, CCO, November 9, 2008

Expensive turf war with taxpayer dollars grinds on, CCO, August 13, 2008

County auditor won’t have to answer deposition questions - McKinney Courier-Gazette August 12, 2008

Officials meet today in court over county's suit against its auditor, Don Cozad - McKinney Courier-Gazette August 11, 2008

Auditor alleges county Open Meetings violations - CCO June 11, 2008

Auditor asks for an attorney - CCO June 9, 2008

Who authorized the suit against the Auditor? - CCO May 28, 2008

County seeks declaratory judgment against auditor - McKinney Courier Gazette May 23, 2008

I protest yet another secret meeting - CCO May 20, 2008

Who's watching the store? (And the disk drives?) - CCO April 26, 2008

It been impossible for me to post anything this week. We've had family in from out of town, and my evenings have been full.

I would have wrote more on these if I had the time:

Collin County vs. Collin County Auditor.

Our readers will remember that after losing both suits against their auditor, the county commissioners filed a notice of appeal with the Texas 5th Court of Appeals in Dallas. They were due to file their brief last month, but instead asked for an extension that expired on April 15. On the 13th, the commissioners asked for an additional extension - until April 29.

In their first extension request, the commissioners explained that they needed the extension because they were actively involved in mediation with the auditor, and that any agreement would have to be voted on in an open meeting.

It's probably safe to assume that the untimely death of Homer Reynolds, the auditor's lead attorney, has slowed any negotiations.

I note that the agenda for Monday afternoon's Commissioners Court workshop includes an executive session (secret meeting) to discuss the case. I doubt that the court will be able to take any action at a workshop, but I suspect that if there is to be a settlement it will be decided at the scheduled April 27th meeting of the commissioners court.

The Local Option Transportation District bill:

After Keith Self's dismal performance at the Texas Senate hearing on SB 855 last month, the Senate Transportation Committee passed Senator Carona's bill that would allow voters in several Texas suburban counties to call an election to vote on creating a mass transportation district that could levy taxes.

Almost all of the counties in suburban areas in the state have been very supportive of the bill which was passed by the entire Senate on April 14 on a 29-9 roll call vote.

The House version of the bill is styled as HB 9. The House Transportation Committee has scheduled a public hearing on HB 9 for this Tuesday, April 21. Unlike the Senate Transportation & Homeland Security Committee which Senator Florence Shapiro is a member, there are no Collin County representatives are on the House Transportation Committee.

Most agree that passage of the bill in the House will be much more difficult than in the Senate. However, it is expected to pass.

I do not know if Judge Self is planning on attending Tuesday's committee hearing. The Commissioners Court is scheduled to discuss HB 9 and other legislative priorities at Monday's workshop.

Bill

No more meetings in the 6th floor broom closet -

The Collin County commissioners Court is about to get a new home.

Next Monday, April 27 at 5:30 PM, the Commissioners will formally open and dedicate the new Jack Hatchell Collin County Administration Building at 2300 Bloomdale Road -- at the corner of Community Drive and Bloomdale Road.

There will be an Open House from 5:00 to 6:30 PM. The dedication is at 5:30 and the court will hold its first court meeting in their new home at 6:30.

The new administration building was built for $21,000,000. It will house not only the Commissioners Court, but also several other county departments, including the County Clerk, Tax Assessor, Budget, Human Resources, GIS, IT, Purchasing, and the JP Court and Constable for Precinct 1.

The City of McKinney will soon take possession of the now defunct county courthouse on McDonald St. The city has been debating whether to raze the six floor building or to renovate it.

Bill

New congressional Appropriation rules require that all congressmen adding earmarks to the appropriations bill list the amounts requested and the beneficiaries of the earmarked funds.

This year, our 2 congressmen have requested a total of almost $29 million of which $14 million is slated for programs in Collin County.

Significantly, at least to this author, none of the earmark requests target our greatest need - transportation projects. Instead most of the largest earmarks are slated to go to local companies that are developing weapons systems.

Are Representatives Johnson and Hall bringing home the bacon, or just the pork?

[Collin County projects in red]
Congressional District 3, Sam Johnson (R-Plano):

Plano (Microfab Technologies)- Bio-printing of new skin for battlefield burn repairs
Amount Requested: $1,000,000

Garland - Remote aiming and sighting optical retrofit (RASOR)
Amount Requested: $1,000,000

Allen (Mustang Technology Group) - MTI Scout radar
Amount Requested: $1,000,000

McKinney (Raytheon) - Current Force Common Active Protection System (APS) Radar for the Army’s Combat Vehicle Improvement Programs.
Amount Requested: $2,000,000

Richardson (Rockwall Collins) - E-6B Strategic Communications Upgrade (VLF-TX and HPTS)
Amount Requested: $1,000,000

Plano (SVTronics) - Mobile Oxygen, Ventilation, and External Suction (MOVES) System for the Navy and Marine Corps
Amount Requested: $1,000,000

Richardson (UTD) - Center for Energy Storage Research at University of Texas – Dallas
Amount Requested: $1,000,000

Lubbock - Funding for the National Virtual Vietnam Archive at Texas Tech University.
Amount Requested: $1,000,000

Sam Johnson total 2010 earmarks - $9,000,000
To Collin County - $7,000,000

Congressional District 4, Ralph Hall (R-Rockwall):

Lubbock - Engineering Support for Extended Human and Robotic Space Flight Missions
Amount Requested: $400,000

Commerce - Advance Artificial Science and Engineering Research Infrastructure
Amount Requested: $300,000

Tulsa, OK - Lake Texoma Shoreline Management Plan - WRDA – City of Denison
Amount Requested: $500,000

Tulsa, OK - Red River Chloride Control Project, TX & OK
Amount Requested: $1,000,000

Vicksburg, MS - Red River Navigation, Southwest Arkansas, AR
Amount Requested: $150,000

Shreveport, LA - Sulphur River Basin, TX
Amount Requested: $500,000

Mt. Pleasant - Communities In Schools of Northeast Texas
Amount Requested: $200,000

Greenville - Greenville Community Health Center Expansion
Amount Requested: $300,000

Commerce - Improving STEM Skills for Rural Youth in Northeast Texas
Amount Requested: $150,000

Bonham - Sam Rayburn Library and Museum
Amount Requested: $250,000

Houston - I-69 Texas
Amount Requested: $500,000

Texarkana - Texarkana Regional Airport
Amount Requested: $1,500,000

McKinney - Completion of North Central Texas Fusion System
Amount Requested: $500,000

Texarkana - Chemical Mechanical Self Destruct Fuze
Amount Requested: $1,500,000

McKinney (Raytheon) - Current Force Common Active Protection System (APS) Radar
Amount Requested: $2,000,000

Princeton (Contract Fabrication & Design, LLC) - M-240 High Capacity Feed System (HCFS)
Amount Requested: $1,500,000

Allen (Mustang Technology Group)- MTI Scout Radar
Amount Requested: $1,000,000

Denison - Predictive Casting Process Modeling fo Rapid Production of Critical Defense Components
Amount Requested: $2,000,000

Rockwall - Riverine Monitoring and Interdiction System (RMIS)
Amount Requested: $1,000,000

Greenville - Rivet Joint Services Oriented Architecture
Amount Requested: $2,500,000

McKinney (Hie Electronics) - TeraStack Pilot for Army Telemedice (TPA)
Amount Request: $2,000,000

Ralph Hall 2010 earmarks - $19,750,000
To Collin County - $7,000,000

Bill

On the first Saturday of every month, Collin County allows its citizens to take a load of household trash to the NTMWD landfill in Melissa.

It's spring cleaning time, and we easily had a pick-up load of old 'treasured possessions' that needed to be gotten rid of. I have never tried the first Saturday service, and I thought I was prepared for anything.

I first checked out the county's website where I found a map and the warning that all loads must be covered and secure. (Be warned, I'm told that uncovered loads will result in the driver getting a ticket.)

I brought a good pair of rubber boots, expecting to have to wade into mud and dump ooze, and I had mentally prepared myself to endure the stink of a large garbage dump.

When I arrived at the landfill, I was surprised to find the area clean and the process friendly and well organized. County employees checked my residency and then directed me, not to a muddy dump, but to a clean, paved area built on a hill. At the top of the hill was a wall, and beneath the wall were large trash trucks. I was directed to back into a space along the wall and several county jail trustees hurried over to empty my truck - dumping everything into the trailers below.

The service was so good, I thought about tipping those guys. County Public Works Director, Jon Kleinheksel should be commended for setting up a first rate service for the citizens of Collin County.

Bill

Forrest Wilder of the Texas Observer has been researching the North Central Texas Fusion System. In today's Observer he reports on the loose and vague system that purports to keep us safe in the War on Terror.

Bill

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

Dr. Bob's Terror Shop

The strange and scary story of the North Central Texas Fusion System.

Forrest Wilder, The Texas Observer
April 03, 2009

One morning in February, more than 2,000 cops, fire marshals, and public health officials in the Dallas-Fort Worth area received a memo—stamped “For Official Use Only”—that contained shocking information: Middle Eastern terrorists and “their supporting organizations” had gained a stronghold in America. The memo warned:

A number of organizations in the U.S. have been lobbying Islamic-based issues for many years. These lobbying efforts have turned public and political support towards radical goals such as Shariah law and support of terrorist military action against Western nations. ... [T]he threats to Texas are significant.

Who were these Osama bin Lobbyists who had convinced Americans to support terrorism? Citing a grab bag of right-wing blogs and news sources, the memo lists the Council on American-Islamic Relations, the International Action Center, Act Now to Stop War and End Racism—“ANSWER”—and former Democratic U.S. Rep. Cynthia McKinney of Georgia. It also suggests that a class on Islamic finance taught at the Treasury Department “indicates the possibility that the government hopes to secure recycled petrodollars in exchange for conforming to Shariah economic doctrine.” The memo ends by calling on law enforcement to “report” the activities of the organizations.

The missive reads like a rant by a paranoid conspiracy nut. In fact, the so-called “Prevention Awareness Bulletin” is a weekly product of the North Central Texas Fusion System, a terrorism and crime-prevention intelligence center run by the Collin County Department of Homeland Security. The system gathers and shares information for a 16-county area that includes Dallas and Forth Worth. The bulletin is written by the architect and operator of the fusion system, Bob Johnson, a former chief scientist for defense contractor Raytheon Co. Johnson has a background in data mining, the controversial, computer-aided practice of trolling massive quantities of data in pursuit of patterns and links.

At Raytheon, Johnson oversaw a short-lived project in Garland for the U.S. Special Forces Command that mined public information as well as classified files to sniff out Al-Qaida. The program, identified in congressional testimony as Able Danger, generated attention in 2005 and 2006 when former Rep. Curt Weldon, a Pennsylvania Republican, claimed that Able Danger had identified Mohammed Atta, one of the 9/11 hijackers, before the terror attacks. Weldon asserted that Johnson had told him that he personally had identified Atta. The allegations fired up 9/11 conspiracy buffs, but were dismissed by the Senate Select Committee on Intelligence and the Inspector General of the Department of Defense.

Among his critics in Texas, Johnson is better known as “Son of Sam”—the son of U.S Rep. Sam Johnson, the conservative Republican congressman who has represented Collin County since 1992.

In 2004, Collin County tapped ADB Consulting LLC, which stands for Anita and Dr. Bob, to build the fusion system. Anita Miller, also a former Raytheon employee, is Johnson’s wife. On the couple’s personal Web site, anitaanddrbob.com, which has since been taken down, they wrote that they were “ecstatic” to “be implementing a system similar to what we have advocated since before 9/11 for the security of our homeland. For us, the Fusion System is a dream come true!”

Their dream has been profitable. Since 2004, Anita and Dr. Bob have received $1.1 million in no-bid contracts. At least $80,000 of that money has been passed along, in the form of a subcontract, to Anita’s brother, Elbert Bassham, who runs a one-person consulting firm listed at a Marfa post-office box that he shares with a beauty salon.

“I’m not aware of any other fusion center that has a husband-and-wife team building, running, and managing it,” says James Paat, CEO of Sypherlink Inc., an Ohio-based data integration company that lost the subcontract. In a 2007 letter to Collin County, Paat accused ADB Consulting of rigging the scoring process and asked that the contract be rescinded.

Funding for the fusion system comes from state and federal Homeland Security grants as well as Collin County funds.

“It certainly has the stench of corruption,” says Mohamed Elibiary, an interfaith leader from Plano who has called for more oversight of fusion systems. Collin County put management of the fusion center up for competitive bidding in March, but County Judge Keith Self says the system is so customized that it’s unlikely that anyone else can run it.

Contacted by the Observer at his home in Santa Fe, Johnson said he wouldn’t respond to media inquiries. Asked whether he has a responsibility to taxpayers to answer questions about the system, Johnson responded, “I have a responsibility to Collin County; that’s all.”

The February bulletin isn’t the only questionable Johnson product. He has designed tools that purport to measure, at any given moment, the threat of terrorism at the global, regional, and local levels. The World Terrorism Metric relies on computer models that crunch vast quantities of raw information culled from the Internet. The threat level is presented on a gauge; the needle moves as the terror risk increases or decreases.

Johnson claims the output is unbiased. The assumptions built into the model are certainly inventive. Factors include the price of a barrel of oil (divided by three), the level of democratic activity as measured by the number of business-related words in Internet news stories, and the movement of options contracts (Johnson trades options on the side). Happily, in February the North Central Texas gauge registered a threat level of zero.

It’s tempting to dismiss the fusion center as one man’s risible, if expensive, computer science project. But the U.S. Department of Homeland Security took the menacing February memo seriously enough that it sent a three-person team to train North Texas fusion personnel on federal rules. In 2007, a former senior intelligence analyst for the Collin County fusion system described the center to an online trade publication as the “wild west,” a place where analysts could try out new technologies before “politics” caught up with them.

So what, exactly, is Dr. Bob building in there?

read the rest of the story here....

Former Collin County Clerk dies

Staff reports / The McKinney Courier-Gazette
Sunday, March 29, 2009

Mrs. Helen Starnes, age 83, of McKinney passed away March 28 in Frisco. She was born on June 17, 1925, in Chambersville, Texas, to Floyd and Ruby (Redden) Thompson. On Nov. 30, 1942, she married Walter Howard "Curly" Starnes in McKinney. Mrs.Starnes worked for Collin County for more than 41 years.

She was appointed Deputy Clerk under Mr. James Webb on April 17, 1961. She served as Chief Deputy under Mr. Webb from December 1975 until May 1980.

On April 4, 1981, Mrs. Starnes was elected County Clerk, where she served until her retirement on December 31, 2002. She was also a lifetime member of Chambersville United Methodist Church.

She is survived by her son, Dicky Starnes and his wife, Sharon; grandson, Rowdy Starnes; and great grandchild, Brooklyn Starnes all of New Hope, Texas.

Mrs. Starnes was preceded in death by her parents; husband, Curly; brother, Burl Thompson and sister, Margie Foust.

Funeral services will be held at 10 a.m. Tuesday, March 31 in the Turrentine-Jackson-Morrow Chapel with Dr. Danny Buster officiating.

Interment will follow at Ridgeview Memorial Park. The family will receive friends for a visitation from 6 to 8 p.m. p.m. Monday at Turrentine-Jackson-Morrow Funeral Home. To convey condolences or to sign an online registry, please visit www.tjmfuneral.com.

link to article....

Editorial: Collin County should act regionally

The Dallas Morning News Editorial Board
Tuesday, March 24, 2009

Collin County can act like a petulant sibling in transportation matters. This, even though North Texas' traffic congestion presents a dense thicket of problems that requires a coherent approach to solve.

So it is fortunate that a bill in the Texas Senate aims to rein in Collin County from becoming more of an outlier when it comes to regionally planned and operated toll roads.

At issue are two decisions from the Collin County Commissioners Court last year. One was the formation of its own toll authority. Second was its rescinding of a three-year-old resolution adopted jointly with Denton County, in which both had recommended that a future leg of the Dallas North Tollway proceed along the counties' mutual border. Collin County ultimately decided it wanted the tollway extension – and the spinoff development – all to itself.

The alignment decision was a symbolic one, since the four-county North Texas Tollway Authority, a state agency, will determine what route will best meet traffic demands.

But the symbolism was a sign of things to come. And when the county created a competing tollway authority, it appeared as though reason ran into the ditch.

Commissioners contend that the county's own tolling agency would ensure that residents are treated fairly when it comes to revenue distribution. But residents ought to ask for the price tag of ramping up a new government apparatus and taking on the administrative and planning functions already done by a regional government agency. The NTTA, in fact, includes two Collin County representatives on its nine-member board – including the current chairman. Further, North Texas' umbrella planning group, the Regional Transportation Council, has an established, equitable toll-sharing policy based on the registration of cars that use a pay road.

As filed, Sen. John Carona's SB 882 could settle this game of brinksmanship. It would permit a county toll authority to advance a project only with signoff from the regional toll-road agency. If some local officials want to work at cross purposes with other transportation providers in the region, Austin has a legitimate reason to step in.

link to editorial....

Two State Senators and four State Legislators represent the voters in the Texas State Legislature from districts that include parts of Collin County.

We the voters elect these folks to represent our interests, yet many of our local governments believe they have to hire expensive and well-connected lobbyists in order for their voice to be heard.

It would be near impossible to determine exactly how much of your tax money has been spent by local Collin County governments and quasi-governmental bodies to lobby the current session of the Legislature. However, the Texas Ethics Commission does require lobbyists to register and to reveal who they are representing, along with an estimated billing of their efforts.

I have listed below those lobbyists who have reported that they represent local government bodies, as well as government associations that our tax money pays dues to, and quasi-governmental bodies that operate with your tax dollars.

All this lobbying begs the question, Why do we need to pay others to insure that our elected officials look out for us?

Your elected State Senators are:
District 8, Florence Shapiro
District 30, Craig Estes

Your elected State Representatives are:
District 66, Brian McCall
District 67, Jerry Madden
District 70, Ken Paxton
District 89, Jodie Laubenberg

Bill

The following list is distilled from Texas Ethics Commission Reports. The list shows the client, followed by their lobbyist(s), along with the lobbyists registration number and the anticipated reportable revenue from that client.

City of Allen
Hill, Fred (00020297) $25,000 - $49.999.99

City of Celina
Scott, Rider (00035064) Less Than $10,000.00

City of Frisco
Aghamalian, Brandon T. (00059188) $10,000 - $24,999.99
Carr, Snapper L. (00039466) $10,000 - $24,999.99
McCartt, J. (00050674) Less Than $10,000.00
Russell, Kerry E. (00017375) Less Than $10,000.00

City of McKinney
Erben, Randall H. (00013689) $25,000 - $49.999.99
Wakefield, Kakhi Huffaker (00062269) Less Than $10,000.00
Yarbrough, Brian G. (00037475) Less Than $10,000.00

City of Richardson
Hill, Fred (00020297) $50,000 - $99,999.99

Collin County, Texas
Hudson, James Greg (00036094) Less Than $10,000.00

Conference of Urban Counties
Hill, Fred (00020297) $50,000 - $99,999.99

County Judges & Commissioners Association of Texas
Allison, James P. (00050989) $100,000 - $149,999.99

Dallas Area Rapid Transit
Brown, Jay P. (00039172) Less Than $10,000.00
Gibson, Machree Garrett (00028312) Less Than $10,000.00
Graydon, Galt (00013173) Less Than $10,000.00
Hill, Fred (00020297) $10,000 - $24,999.99
Propes, Jay W. (00014474) Less Than $10,000.00
Swan, Shannon Lea (00014744) Less Than $10,000.00

North Texas Municipal Water District
Embrey, Ty H. (00056282) Less Than $10,000.00
Lewis, Ron E. (00020172) $25,000 - $49.999.99
Martinez, Mindy M. (00060781) Less Than $10,000.00
Rochelle, Martin C. (00053106) $10,000 - $24,999.99
Russell, Kerry E. (00017375) Less Than $10,000.00
Sledge, Brian L. (00041086) Less Than $10,000.00
Valdez, Gerald A. (00053423) $25,000 - $49.999.99

North Texas Tollway Authority
Acevedo, Julianne (00053651) Less Than $10,000.00
Cain, Randy C. (00025263) $25,000 - $49.999.99
Eschberger, Brenda (00029854) Less Than $10,000.00
Johnson, Michael J. (00055885) Less Than $10,000.00
Kelley, Russell T. (00013737) Less Than $10,000.00
Kemptner, Sara (00057952) Less Than $10,000.00
McCarley, James Bradley (00034739) $50,000 - $99,999.99
McGarah, Carol (00051437) Less Than $10,000.00
Waldon, Barbara (00057030) Less Than $10,000.00

Texas Association of Counties
Boethel, Carey (00013205) Less Than $10,000.00
Brown, Timothy W. (00060546) Less Than $10,000.00
Casteel, Carter (00051154) $50,000 - $99,999.99
Emerson, Paul K. (00060548) Less Than $10,000.00
Erskine, Candis B. (00035590) $ 0.00
Erskine, John M. Jr. (00012969) $25,000 - $49.999.99
Flores-Ortiz, Aurora (00060541) Less Than $10,000.00
Forbes, Nanette (00056550) Less Than $10,000.00
Ford, Victoria C. (00060035) $10,000 - $24,999.99
Garcia, Laura (00060547) Less Than $10,000.00
Hill, Fred (00020297) $150,000 - $199,999.99
Leo, Myra (00034631) Less Than $10,000.00
McGinnis, Larry D. (00013432) $25,000 - $49.999.99
Nicholes, Laura (00053596) Less Than $10,000.00
Norris, Karen A. (00013179) Less Than $10,000.00
Roberts, Cary L. (00033594) $50,000 - $99,999.99
Sugg, Paul J. (00050735) Less Than $10,000.00
Thompson, John (00053597) Less Than $10,000.00

The Texas House County Affairs Committee has scheduled a public hearing on Rep. Jerry Madden's bill to restrict the ability of a county auditor to audit software financial transactions.

Madden's bill, HB561 was filed at the request of the Collin County Commissioners Court. The commissioners have lost 2 law suits so far in their attempt to keep the auditor from accessing financial transactions in several large software packages.

The Legislative Budget Board description of HB561 is:

"The bill would prohibit the county auditor in a county with a population of 190,000 or more from having authority to mandate the use of information technology components or software programs used by other local government officers or departments. The bill would also remove a county auditor's authority to have continual access to the items the auditor is required to examine. The county auditor would also be prohibited from directly accessing or manipulating real-time data on a computer maintained by another local government office or department."

After spending over $300,000 in legal fees on their suits, the commissioners asked the Collin County legislative delegation to draft a bill to accomplish their goal of thwarting the constitutional checks and balances built into the auditor's responsibilities.

The commissioners, who chafe at any restriction on their authority, have also asked the legislative delegation to draft a bill limiting the authority of the purchasing board. Both the County Auditor and the County Purchasing Agent are appointed, and their salaries are set by judicial boards outside of the commissioners' authority.

The House Committee on County Affairs is scheduled to meet to discuss HB561 at 2PM Monday in Room E2.016 at the State Capitol.

Bill

Collin County recently upped the ante on its biggest IT software program ever.

The county has already invested over $8 million in its new courts and justice software package, called Odyssey.

Last month, the commissioners court gave tentative approval to spend another $2.8 million to expand Odyssey's reach into jail, law enforcement and constable operations.

The total cost of Odyssey will probably exceed $11 million.

Odyssey is the major part of the county's CIJS (Common Integrated Justice Systems)program. CIJS is a statewide effort to standardize criminal justice and court data so that information can be shared between departments, courts and agencies in an automated workflow.

Standardization and sharing of court data is a major goal of the State of Texas.

The probate, mental illness and civil courts have already begun using Odyssey for their dockets and case filings. The first justice of the peace court is scheduled to go 'live' with Odyssey in May of this year, with all other JP courts following in August.

In October and November, the Sheriff and Constables will begin using the system and then in March of 2010 the county will roll out implementation of the criminal court, DA and jail operation systems.

Of the county employees I've talked to, some like Odyssey, some dislike it, but all comment that it is huge, complex, and incredibly difficult to implement.

The County's Courts website, "Texas Judge" contains the following note about the Odyssey docket system, "TexasJudge is just as disappointed as you are in the new web interface. Even I cannot access cases that I know are there, and we have heard from many attorneys about the issue."

Supporters note that any complex software change will be temporarily disruptive and that many workers will resist change. They point out that the county's home grown courts software was limiting and that CIJS is now the new state policy direction.

During the 2009 Budget Hearings, Hannah Kunkle, the District Clerk unsuccessfully lobbied the commissioners for additional workers because of the workload created by Odyssey. The commissioners took the position that their objective in purchasing software was to reduce, not add to the labor burden.

Several times it was noted that the advantage of automation was efficiency.

When the court asked IT Director Skipworth about Ms. Kunkle's concern, Skipworth responded that labor efficiency was NOT one of the criteria they used to assess software before purchasing it. (The criteria was soon changed)

Ms. Kunkle did not get her additional clerk.

One unique aspect of the county's implementation of Odyssey is that there is no overall project manager with operational management authority. Instead, the county has created a inter-departmental CIJS Project Team made up of employees from every affected department. The team members are tasked to Odyssey in addition to their other duties. These team members are placed on a "Results Based Compensation" program that rewards the achievement of specified milestones with cash bonuses.

The Odyssey program is a big issue in the commissioners ongoing lawsuit against Don Cozad, the County Auditor. In a deposition, the Caren Skipworth, the County IT Director testified that Odyssey Case Manager did not offer and could not provide the 'view inquiry', access the Auditor needed to monitor the accuracy of financial transactions.

While the commissioners court lost the lawsuit on all points, they have filed an appeal in the 5th Court of Appeals.

I have been told that the new Odyssey modules also will not have auditing 'view inquiry' portals.

Odyssey is sold by Tyler Technologies. Twelve Texas counties are in the process of installing Odyssey under a "Tech Share" license negotiated by the Texas Conference of Urban Counties.

Bill

I would be interested in comments from attorneys and other folk who interface or work with Odyssey - here or in another county. What has been your experience?

Downtown Frisco residents wonder where city stands on revitalization

Monday, March 2, 2009
By ELIZABETH LANGTON / The Dallas Morning News


FRISCO – When City Hall relocated to Frisco Square, city leaders promised not to forget the historic downtown they left behind.

The city maintained ownership of the buildings it abandoned on Main Street to preserve them and rent them out. The City Council formed a board to steer development and spur economic vitality.

But 2½ years later, the area has seen no significant change.

New businesses moved in, but others left. A city-owned building sits vacant, which the city manager characterized as a "black eye." And anticipated waves of private development have yet to materialize.

"I know that a lot of people feel like we have been forgotten," said Shelley Decou, who owns Horse Hardware on Main Street.

Some residents wonder whether the aging center of a former railroad stop has any role in the future of what is now a suburban boomtown. But city leaders say they still support the revitalization concept.

"I have made a commitment to downtown, and a lot of merchants have, too," Mayor Maher Maso said at a recent council meeting after a suggestion surfaced to sell the old City Hall at Main and Fourth streets.

The buildings, constructed in the early 1900s, at times housed banks, a hardware store and a popular pharmacist before the city moved in about three decades ago. To accommodate growth, Frisco opened a new City Hall in 2006 at nearby Frisco Square.

The Frisco Association for the Arts leased some of the abandoned property, and Ski Frisco Sports also moved in. The city reclaimed some of the space for the Municipal Court.

But the corner spot failed to attract a tenant. Several restaurants found the renovation costs too high, and other entrepreneurs couldn't see past the gutted interior.

"It's the center of our downtown," said Tamee Harty, who owns the nearby Sound Perfection and plans to open an adjacent café this week. "So when it's occupied, it will bring a lot of energy."

The council-appointed Downtown Advisory Board, on which Harty serves, suggested that the city make the site more attractive with updated restrooms, electrical rewiring and ceiling repairs.

Several council members initially questioned the logic of spending the estimated $75,000 to $200,000 and suggested selling instead.

read more....

Commissioners engage in heated debate
by Heather M. Smith, Staff writer / Plano Star Courier

Two county engineering projects garnered a sizzling debate among County Commissioners during Monday’s court meeting.

The first project is an engineering services agreement with Lockwood, Andrews and Newnam, Inc. for the improvements to SH 289 from Parvin Branch south of U.S. 380 to north of U.S. 380. The budget amendment will total $1,031,884.

Commissioner Matt Shaheen suggested going back to Lockwood, Andrew and Newnam, Inc. and renegotiate for a new, lower bid. He said if the county can’t get a lower bid, they should go to a different company. Shaheen said he didn’t want to change the scope of the project; he just wants to negotiate the company’s hourly rate. However, Commissioner Joe Jaynes argued that now is the time to move on the project.

“I don’t want to see this important project have to wait,” Jaynes said.

Jaynes said he believes the area around State Highway 289 and U.S. 380 will be a huge development area and urged his fellow commissioners to press on with the project.

The court approved the item in a 4-1 vote, with Shaheen voting against. While Judge Keith Self voted with the majority of the court, he cautioned them against making hasty decisions on budget issues, likening their decisions to the “rush” decision regarding the stimulus package passed by Congress.

The second project is an engineering services agreement with HNTB Corporation for the Lake Lavon bridge study. The budget amendment will total $381,875 and cost 3,100 man hours. HNTB will charge $256 per hour for a principal worker, while a different company, Dannenbaum, would charge $169 per hour for the same level worker.

“We are paying a premium,” Shaheen said. “There’s no doubt that any one of the companies can do the project.”

Tensions were high while commissioners debated their points regarding the project. Again, Shaheen suggested going back to HNTB to renegotiate their rates. Self said that if ever there was a project where the county could make its point n that they want engineering companies to bring competitive bids n this is the project. Commissioner Kathy Ward agreed and said she would like to go back to HNTB and ask them to change their hourly rate. HNTB had already lowered their bid by 7 percent.

“Just because we have half a million dollars doesn’t mean we have to spend $500,000,” Self said.

This would be the third time the Lake Lavon bridge study would be pushed back, but Shaheen said it would not be a slow process to get more bids. He said he’s willing to delay the project a couple of weeks if it will save taxpayers money.

“We just need to get this project moving; my patience is growing thin on these delays,” Commissioner Jerry Hoagland said. “This project won’t only be delayed a couple of weeks, it will be longer.”

After much debate, Shaheen motioned to go back to HNTB and ask for an additional 13 percent reduction and Ward seconded the motion. Everyone except Hoagland and Jaynes voted for the motion.

read more....

COURT FILING suggests, CoServ ZAPPED $54 million intended for members

February 25, 2009 -
Collin County Business Press

There is blood in the CoServ boardroom, according to Denton County court filings. Plaintiffs claim, in a class action lawsuit filed against Corinth-based CoServ Electric, that the co-op converted $54 million of class member money into equity owned by the co-op that was intended for distribution to its members.

CoServ services the fast-growing communities of McKinney and Frisco and large parts of Denton County.

The Collin County Business Press has obtained an Amended Counter Claim and Original Petition of Intervention in which Janice Brady, Duncan Duval and Paul Confer filed against CoServ Electric seeking $54 million for alleged conversion of member money.

Austin Attorney, Paul Lawrence of The Lawrence Firm, filed the petition on behalf of the plaintiffs in the Denton Judiciary District 211, on documents Wednesday Feb. 18, 2009 on behalf of the plaintiffs.

The filing alleges that CoServ has committed serious, unlawful breaches of it relationship of trust with plaintiffs and of the members and former members of the electric co-op. The information is based on tax filings and public documents provided to the plaintiffs by Mark Glover, a CoServ director.

“We have the highest level of confidence that CoServ will defeat all of the counterclaims,” said Mike Dreyspring, CEO, CoServ

Between 2003 and 2008, the plaintiffs claim CoServ converted $54 million of class member’s money in to equity owned by CoServ. The property is referred to as patronage capital or capital credits. The defendant allegedly retired $75 million in patronage capital to its member and former members.

“Our attorneys are looking over the suits and looking into the details of the filing,” said Shane Laws, spokesperson for CoServ. No other comments were made.

The process is known as retirement of the class member’s patronage capital. The claim by the plaintiffs against CoServ states that only $21 million of $75 million was distributed to members and former members. The conversion of funds is classified as “discounting” of class members’ capital credits.

“Without the practice of capital credit discounting, that 77 percent would have received no capital credit retirement payments from the $21 million paid in the last six years," Dreysping said. “All of those dollars would have gone to only 23 percent of the members, and that is contrary to the National Rural Electric Cooperative Association (NRECA) strong recommendation for cooperatives to maximize the percentage of current membership receiving capital credit retirements. For CoServ, capital credit discounting is an effective way of achieving that goal. Our capital credit retirement process is consistent with sound industry practice and supported by numerous Internal Revenue Service rulings.”

On November 30, 2001, certain subsidiaries of CoServ filed Chapter 11 bankruptcy reorganization. On February 1, 2002, CoServ entered into the same fate.

The petition filed by the plaintiffs alleges that during the bankruptcy, CoServ primary creditor, the National Rural Utilities Cooperative Finance Corporation (CFC), stated repeatedly that the co-op’s management acted in bad faith, failing to fulfill its fiduciary duties, and unwilling to put creditors interest ahead of management interest.

CFC’s concerns prompted reorganization, requiring CoServ to replace William McGinnis, CEO and president, and Kevin Haney, general council. McGinnis resigned, but was awarded a severance package and moved to a position as CoServ insurance agent, according to the filing. CoServ 2002 balance sheet shows that the defendant accrued a liability of about $3.7 million for “Accrued Severance Obligations,” the petition filed by the plaintiffs stated.

Haney resigned and was awarded a severance package and then affiliated himself with an outside law firm that was already doing business with CoServ under his supervision, the plaintiffs allege in the lawsuit. He continued as CoServ’s outside general council under contract at a compensation of approximately $414,000 per year, plus employee benefits, the petition alleges.

$50,000 investigation against Brady prompts filings

In 2008, Glover assisted Brady in an unsuccessful attempt to replace Jerry Cobb, chairman of the board, in hopes of assisting in shifting control of the board from “old guard” to a newer, more reformed minded majority.

Glover is one of seven board members.

“,CoServ has wrongfully undertaken an investigation of Janice Brady's campaign, exaggerated the issues, wasted member money and filed frivolous litigation in an attempt to punish Janice Brady and remove me as a director,” wrote Glover in a letter to CoServ's board of Directors.

Glover admits to providing Brady with a list of co-op members who voted in previous board elections. The list was also provided to incumbent board members for their use in the election process.

According to the petition filed by the plaintiffs, upon learning that Brady had a list of members who vote and that she knew about the board’s access to daily vote tallies, the defendant embarked upon an $50,000 investigation to establish that Glover supplied Brady the voter list so that it might call for Glover’s resignation on the premise that he violated board policy by providing “confidential” information to one of the cooperative’s member-owners.

On November 20, 2008, reading a script prepared by the corporate general counsel, the board chairman called for and obtained a board resolution requesting Glover’s resignation and censoring him by denying him access to information required for the performance of his duties as a director, the plaintiffs allege.

On December 20, 2008, the general council sent Glover a certified letter requesting that he announce before January 20, 2009, whether he would resign from the board.

read more (subscription may be req'd.)....

The county commissioners, meeting as the Collin County Toll Road Authority, have spent a lot of time over the last month listening to staff presentations on the Outer Loop.

Monday, they took action, approving the preparation of full engineering plans for the 3-A,B,C & D sections of the proposed tollway.

Those sections, known as Phase 3 would connect the Dallas North Tollway with Central Expressway. The engineering plans are budgeted at $3.1 million. The court also approved doing preliminary survey work on the Phase 4 section that connects US 380 east of Farmersville with FM 6 between Nevada and Josephine. The cost of the survey work is expected to be about $700,000.

Late last year, the court approved engineering plans for Phase 1 which will connect US 75 with SH 121 north of Melissa. The engineering cost for Phase 1 was approved at $956 million. The court had also approved spending $10 million to aquire the land for the toll road.

The expected cost of the entire 53 mile Outer Loop project is expected to be almost $4 billion (in 2008 dollars). It is hoped that construction will begin in 2011 and probably won't be complete until after 2030.

One thing that came out in testimony during these last meetings is that the commissioners really have no idea how they are going to be able to finance the $4 billion price tag between now and 2030.

The county has $3.9 million available, of which the court approved spending $3.8 million yesterday. They anticipate being able to raise about $4 million from general revenue, and to divert about $10 million from bond funds.

Another $5 million was promised by the RTC from SH 121 money, but the commissioners court learned last week that the money could only be used for environmental studies. That leaves more than $3.9 billion of the $4 billion costs unfunded.

Nevertheless, it is "full steam ahead" for our planned Outer Loop Tollway.

In other action, after meeting in executive session, the court approved beginning a condemnation suit on one parcel of private land needed for the road. (They have the money for lawyers).

Bill

Notes:

February Outer Loop Update presentation, February 16, 2009

The Collin County Toll Road Authority, CCO, January 26, 2009

Outer Loop: County to seek legal action against property owners?, CCO, January 3, 2008

DMN-Outer Loop route gets a green light, CCO, December 15, 2006

Yesterday, the Collin County Commissioners did not approve their Auditor's request for a $5,000 software program needed to audit the county's large "enterprise" software systems. In his presentation to the court, Mr. Cozad said he needed the $5,000 ACL program in order to be able to examine, in real time, the veracity of the data that filtered down into the county's financial statements.

The commissioners closely questioned Cozad, a member of his staff and IT Director Caren Skipworth on the usefulness of the ACL software and on the difficulties in implementing the new audit procedures.

According to Skipworth, the Auditor would be required to get written permission from each elected department manager before he would be allowed to access their data. Cozad would also have to get permission and assistance from the IT department to set up each of the databases. The IT department would also require that the Auditor could not directly view the departmental data tables, but would have to use a replicated copy, even though the ACL program is designed for auditing and only views and does not interacts with the data it is looking at.

Wow!

After much discussion, Judge Self stated he would put off the vote until the court returned from executive (secret) session. However, when the court reconvened, no action was taken on Cozad's request.

One of the items listed for the executive session was a discussion with the lawyers on the county's appeal of Collin County vs. Collin County Auditor.

A month ago, the commissioners court refused to approve the same software package because the IT department had not evaluated it yet. This time, Ms. Skipworth had reviewed ACL and she told the court that the Auditor's use of ACL would enhance his ability to monitor the data, tables and permissions for the largest of the county's software systems. These large systems represent huge investments, over $20 million. The largest are Odyssey, which is used in the courts, and PeopleSoft? which is used by the HR department.

It boggles the mind that a supposedly independent Auditor is expected to grovel before those whose work he is supposed to verify.

I wonder, is he also required to kneel and beg, "Please, please can I look to see if you are stealing from the taxpayers? Please, please can I look at your work to see if your numbers are right? Please, please let me keep you honest."

Did this commissioners Court learn their management skills at Enron?

Bill

Notes:

Documents:
Cozad's letter to Judge Self and the Commissioners Court, dated November 25, 2008

Judge Calhoun's Final Judgment, dated October 15, 2008.

Collin County's Response to the Auditor's and intervenor's first traditional motion for partial summary judgment, August 4, 2008

Sworn Affidavit of Caren Skipworth, August 1, 2008

Don Cozad's request for Attorney General's opinion, dated April 3, 2008.

Coverage by the CCO and press:
Auditing - Collin County style, CCO January 22, 2009

Who gains from the county's suit against its auditor?, CCO November 18, 2008

Turf battle costs taxpayers over $300,000, CCO, November 9, 2008

Expensive turf war with taxpayer dollars grinds on, CCO, August 13, 2008

County auditor won’t have to answer deposition questions - McKinney Courier-Gazette August 12, 2008

Officials meet today in court over county's suit against its auditor, Don Cozad - McKinney Courier-Gazette August 11, 2008

Auditor alleges county Open Meetings violations - CCO June 11, 2008

Auditor asks for an attorney - CCO June 9, 2008

Who authorized the suit against the Auditor? - CCO May 28, 2008

County seeks declaratory judgment against auditor - McKinney Courier Gazette May 23, 2008

I protest yet another secret meeting - CCO May 20, 2008

Who's watching the store? (And the disk drives?) - CCO April 26, 2008

From a county press release issued today:

Its very unusual for a county to begin redistricting before the federal census.
But some on the Collin County Commissioners Court do not want to wait until 2011 to redraw the commissioners and justice of the peace boundaries. The argument is that there is such a large population disparity between some of the commissioners precincts, that it is unfair to the voters to make them wait until the decennial census.

So the county wants to generate its own population statistics and not wait.

The first federal "enumeration" as the Constitution calls the census was back in 1790. Since then there have been 21 censuses. In the 230+ tears since our independence only in those 21 years have all the voting districts in the nation equaled or been 'balanced' with the census data. In the other 212 years of our history, the districts have been out of balance with the data. Yet we do not redistrict every year.

We don't redistrict at will because for a local government to create its own statistics and use them to set the geographic boundaries of its own elected officials is opening the Pandora's box of opportunism - inviting self-serving politicians to manipulate the data and create fraudulent districts.

Using census data makes sense.
It is impartial and independent of local pressures. It is universally accepted and will be upheld in any court challenge. The Census Bureau is the acknowledged expert in counting people - it has a rigorous methodology, a transparent process, numerous checks and balances and scientific validity.

Can locally generated data hope to meet such a high standard? I think not. It was only a few weeks ago that the press was revealing highly suspect population estimates from the City of Melissa.

According to press reports the mayor of Melissa was counting water meters and multiplying that count by a "resident per meter" factor he had devised. The result was in no way scientifically valid. Instead it was comic. Could the same thing happen countywide?

I spent some time today looking at the process which the county proposes to use to estimate the precinct by precinct population data needed to redistrict. Rest assured, the county is not counting water meters, but they are using the same mathematical method followed by the Mayor of Melissa.

The county's GIS Department obtained the listing of all properties from the Central Appraisal District. Each property description comes with a code describing if it is 'single-family residential', 'homestead', multifamily, etc. The GIS Department then assigned to each code a factor - for example 3.9 people per single family homestead. (These factors were drawn from historical statistics.) Multiply the properties times the factors, add them all up, and viola! you have population data much better than counting water meters.

There are some real problems with this approach to estimating population.
First, it is not verified or tested. No one is going out and knocking on doors as the census bureau does to verify that the mathematical assumptions are really correct. Neither has this method been "backtracked" to year 2000 to see if it even would have worked then.

Second, the goal of GIS is to be as accurate as they can with, as they describe it, "limited resources". The goal should be to be as close to what the census will report, but there is not any work being done to normalize the data to census. The problem is that statistics lie. They chase a moving target. for example, in the time it takes me to write this piece, the population of Collin County will have changed.

At least 4 different organizations estimate population in the county. In the Spring of each year, the Council of Governments releases its population estimates. And then in September the Texas State Data Center releases its estimates. The county has its estimate, and then there is the census bureau.

According to GIS, the COG data usually estimates the highest number of people in the county and the Census the lowest, with the Texas Data Center somewhere in between. GIS believes its count will fall in between COG and the State, but they can't predict how different they will be from the actual US Census.

Voting districts need to be drawn so that they almost exactly equal each other in population. Judge Self noted at the last court that these precincts needed to be within 1/2% to 1% of each other.

The problem is that when the real census data comes in, the districts won't match anymore. Simple math proves that if the county data is 95% accurate and the districts were drawn to 99% accuracy, then when the census data is received, these districts will now only be 94% correct and will have to be redrawn.

So how will redistricting actually help the citizens?
I don't see how it will. First, if the lines are redrawn now, and then again in 2011, some voters could find themselves having lived in 3 different commissioners precincts in two years, all without packing up and moving. This will create confusion and hard feelings.

Second, the most out of balance precinct is Precinct 3 (Joe Jaynes). Because of population growth, precinct 3 now holds over 33% of the counties voters. But redistricting now won't help those voters at all. The precinct 3 commissioner's next election isn't until 2012, AFTER the 2010 census.

Third, the proposed counting methodology probably won't survive a court challenge. If there is a close primary or or November race, the whole election results could be held up or at worse redone.

The law requires that the Commissioners Precincts be fairly and accurately drawn to conform with the last census. The present precincts, as out of balance as they are, meet that requirement. Any redrawing of lines prior to the next enumeration will by its very nature not meet that legal test. Likewise, when Texas redrew its congressional district lines in 2003, it used the older 2000 census data. Attempts to use more current estimated data were rebuffed by the legislature and the Attorney General. That redistricting scheme went all the way to the US Supreme Court, which upheld the use of the census data.

Redistricting is a political act.
Politicians redistrict for one of two reasons, one because the law makes them do it every ten years or two to use the new boundaries to gain a political advantage.

It is rare to redistrict outside of the ten year census. As I mentioned, the last important time it was done was in 2003. That attempt did hold up, but not before it went all the way to the US Supreme Court. Before it was all over the US Speaker of the House had to resign his seat in congress.

Tom Delay was an ambitious politician, jockeying for advantage. He used the redistricting effort to increase his party's representation in congress.

So in looking at Collin County's "out of cycle" redistricting effort, one has to ask, "Who is pushing it and what do they want to gain?"

It was obvious in Monday's Commissioners Court meeting that the primary driver of this redistricting effort is County Judge Keith Self.

Self is elected countywide, so he can't be trying to enhance his own electability.

Two commissioners seats are up for re-election in 2010. Jerry Hoagland in Precinct 2 and Kathy Ward in Precinct 4. It's no secret that Judge Self recruited candidates to challenge Commissioners Phyllis Cole and Joe Jaynes in 2008. His candidate did unseat Ms. Cole. Self is ambitious and he's proven to be willing to go toe to toe with an incumbent fellow Republican to gain control of the court.

It's also no secret that Jerry Hoagland would love to get rid of Keith Self and that Self has similar feelings against Hoagland. So I'd be looking to see what advantage Self believes he can gain by redrawing Hoagland's precinct. I suspect that when you get down to the real reason for this whole redistricting thing, what you'll find is Self trying to best Hoagland - or at least keep Jerry off balance.

It's got nothing to do with building precincts for a 'one man, one vote' advantage to the voters.

It's political.

Bill

In tough economic times, local governments' budgets get strained - taxpayers are unwilling to bear increased burdens and so it is tempting for local policy makers to look for new sources of funding.

Some look to law enforcement as a revenue generator.

Texans have long despised speed traps and other attempts to use the power of the justice system to pay for basic governmental services.

Here in Collin County, many still remember the Texas Rangers swooping down on tiny Lavon, which at one point had 13 police officers writing tickets as fast as they could. In response, the Texas Legislature prohibited small towns under 5,000 population from using fines for more than 30% of their budget.

Yet even so, abuses abound.

Red light cameras and speed cameras are frequently seen as profit centers.

Recently, the Dallas Morning News revealed that over 50% of Dallas County's budget was gained from fines and fees. There are reports from East Texas of a county where half the DA's budget comes from seized and confiscated assets, even though most of those who's assets are seized aren't charged or convicted.

Collin County says it is not like Dallas. According to the 2009 budget, Collin County gets less than 2% of its General Fund revenue from fines.

The 2009 budget notes that the General Fund gets about 13% of its revenue from user fees. Other funds, such as the much smaller Public Works Fund received over $13 million from fees. The General Fund accounts for approximately $150 million of the county's $250 million dollar budget.

There are hundreds of fees the county charges citizens and businesses. In fact Collin County's Schedule of Fees is well over 200 pages long.

But while this county does not have a history of using law enforcement as a tool to gain revenue, it is still troubling that in the documentation for redistricting the Justice of the Peace Precincts, the county prepared profit/loss statistics for each JP court.

One chart, titled "Justice of the Peace Net Revenue 2007-2008", shows the lions share of the revenue coming from Precinct 1 in 2007 and Precinct 4 in 2008. In 2008 the JP courts sent over $3 million to the county's coffers. Just over $2 million of that was from these 2 courts.

As far as bringing in a "net gain" (profit), once again it was Precincts 1 and 4 that turned a profit for the county.

The reasons for Precinct 4 numbers are obvious when you factor in the revenue and warrants for "failure to pay toll" to the NTTA. Out of the 35,000 warrants issued by all 5 JP courts in 2007, Precinct 4 was responsible for over 24,000 of them.

Precinct 1's profit was, in part, caused by the fact that it is the only court that doesn't pay rent (it meets in a county building).

Precinct 3 doesn't show a profit in part because it handles a huge number of unprofitable truancy cases. Precinct 2 serves just too few people to cover its costs.

The commissioners court will consider 7 alternate redistricting plans. A few will cause elected Justices to live outside their distrcts. Unfortunately, none of the plans indicate population data.

Nevertheless, the question remains, is "profit" an appropriate measure of a JP Court's performance, or for that matter, of any court?

Bill

Today is the 200th birthday of perhaps our greatest president, Abraham Lincoln.

In remembrance of President Lincoln's birthday, we reproduce here his 2nd inaugural address:

The US Conference of Mayors has published a "wish list" of "shovel ready" projects that could be financed with federal economic stimulus funding.

Allen, Frisco and McKinney have already submitted their lists to the Mayors' Conference.

Maybe I'm missing the point of the stimulus package. I thought the purpose was to create jobs. Some of the projects these cities have put forward just seem to be way off base and not very stimulating.

Traditional stimulus projects usually involve labor intensive road and infrastructure construction. The kind of "make work" type projects that were done by a few of the depression era programs. To this day we still benefit from many of the WPA and CCC projects built back in the 1930's.

While these cities' lists do include major construction, some have also chosen to list such items as an armored vehicle, a mobile command post and police fingerprint software. (I'm not really sure exactly what the City of Frisco plans to stimulate with an armored vehicle other than the testosterone level of its SWAT team.)

Bloggers Grits for Breakfast and Trey Garrison have highlighted some of the more absurd police requests.

Other "hard to believe it can stimulate" wishes are really ongoing maintenance or operating items - like "ongoing public housing maintenance", and "Realigning Building Lighting".

Other odd wishes appear to be low priority items that got dropped off the budget but might now get a second chance, like "School Resource Officers" or a "Green Coordinator".

The Conference of Mayors' report does not contain an exhaustive list of all Collin County cities, nor does it contain the wish list for the county. But a glimpse at what's been requested so far looks more like the Mayors are lining up at the trough for some good old fashioned pork than trying to stimulate job creation in the region.

Stimulus Watch has a great interactive website listing all the Mayors' requests. It's an eye opener.

Stimulus Watch notes that none of these projects have been approved by the feds, nor are they listed in the American Recovery and Reinvestment Act working its way through Congress. That legislation won't list the projects to be funded. Instead, it will appropriate money for federal grant programs, such as the Community Development Block Grant (CDBG), which will then use the appropriated stimulus money to make grants to cities. In the case of CDBG, for example, the Department of Housing and Urban Development will be the agency that will decide (using a formula) which of the projects requested by the mayors will be funded.

Bill

February 9 and 10 are Collin County Days at the Texas Legislature.

Local Chambers of Commerce have for the past several years sponsored events and a trip to Austin for community leaders and citizens during Collin County Days. There are usually several opportunities to meet and network with state leaders and the local legislative delegation. And so it is this year.

Governor Rick Perry will give the keynote address at the opening luncheon.

I am giving some serious thought to attending. I even scheduled vacation time for those 2 days. The $125 registration fee didn't seem overly expensive, since there was a lunch reception included. But then I read the planned schedule of events.

The program includes a series of informal panel discussions. Looking at some of the leaders of those panels I realized that I would be paying $125 to listen to lobbyists' propaganda.

Jeeze, I can get that kind of networking for free listening to Rush Limbaugh on WBAP. Why the heck would I want to pay for these lobbyists to tell me anything?

For example, the healthcare panel is to be led by Arlene Wohlgemuth, Founder and President, Three Point Strategies. I've called Ms. Wohlgemuth the "Pied Piper of Texas", as she played a legislative tune while leading hundreds of thousands of poor children off a cliff.

Ms. Wohlgemuth was a Republican legislator instrumental in the ruinous privatization of Texas's social service system. Her role and the disastrous effects to the poor of that privatization was graphically documented in a recent Dallas Morning News investigative report titled "State of Neglect". Ms. Wohlgemuth's firm, Three Point Strategies lobbies the legislature primarily on behalf of health care companies.

The Taxes and Spending panel is led by Michael Quinn Sullivan, a lobbyist and conservative activist, and former press secretary for Ron Paul. He is described as a devotee of the "Austrian School of Economics", which believes in a radical laissez faire government policy. He is presently the director of Empower Texans, Texans for Fiscal Responsibility and the Empower Texans PAC.

The other two panels are not led by lobbyists, but by State officials.

The Energy Panel is led by Barry Smitherman, the Chairman of the Public Utility Commission. His PUC is largely responsible for the fact that Texans pay some of the highest electricity prices in the nation.

The other panelist is Dub Taylor, the Director of the Comptroller’s State Energy Conservation Office. Mr. Taylor had previously served on the Texas Railroad Commission and now is a leader of the state's efforts towards energy efficiency and sustainability.

The Transportation panel will be chaired by Steven Polunsky, the Committee Director, Texas Senate Committee on Transportation and Homeland Security. Mr. Polunsky is a former policy maker at TxDot and was Director of Research at the now defunct Texas High-Speed Rail Authority. The Texas High Speed Rail and Transportation Corp., an outgrowth of the High Speed Rail Authority gave a presentation to the Commissioners Court last week. The Collin County Commissioners declined to endorse its plans believing them to be too expensive and not cost effective.

There's no balance on the discussion panels. No representatives from Common Cause, from the Center for Public Policy Priorities, Public Citizen or from any group except right-wing lobbyists and state agencies. While some of the speakers, especially Mssrs. Polunsky and Taylor can offer some real technical insight into the issues, only one works at the legislature. This is supposed to be a legislative trip.

Where are our state legislative leaders on these 4 subjects? I'd really like to hear from Dallas's Senator Carona the chair of the Transportation Committee on our $1.2 billion of SH121 funds,. Or from our own Senator Shapiro on the effects of property tax cap bills on education.

Businesses and citizens in Collin County have a real stake in many of the deliberations of the 81st Legislature. They deserve the respect of our state leadership. Instead, it appears my $125 would go largely for attendance at a far right pep rally.

That's too bad.

Bill

Collin County to stop paying for employees' weight-loss surgeries

Tuesday, January 27, 2009
By ED HOUSEWRIGHT / The Dallas Morning News

McKINNEY ­ Collin County commissioners voted unanimously Tuesday to stop paying for lap-band weight-loss surgery for county employees.

About 150 workers have had the procedure since 2002 at a cost of more than $3 million to taxpayers.

Commissioners began covering the surgery in hopes of reducing medical costs associated with obesity.

But commissioners said the lap-band procedure, which costs up to $30,000, couldn't be justified in tight economic times.

The decision came after four county employees who have had the procedure and two physicians urged them to keep it as a benefit.

"It not only saved my life but has given me life," said clerk Becky James, who said she lost more than 300 pounds after having the surgery in 2005.

Two years ago, commissioners began requiring people who wanted the procedure to undergo a year of nutritional counseling in hopes that they would lose enough weight to make it unnecessary.

Employees who are in counseling now or sign up within two months will be allowed to complete it and have the procedure.

read more....

In my article on Rep. Madden's bill to limit the authority of the county auditor, I wrote, "Madden's bill will most likely gain support from the Texas Association of Counties and other county centric organizations. Citizens groups and accounting lobbies are likely to oppose it."

I wrote that based on listening to the commissioners talking about seeking guidance and coordination from the TAC before the suit against the auditor was filed.

However, TAC never actively entered the suit, although the Texas Conference of Urban Counties did file an amicus brief supporting the county commissioners. In my article, I should have mentioned the CUC not the TAC.

I received the following letter today from the Director of Media Relations at TAC:

Bill: I read your article today about the Madden bill, and the article said: “Madden's bill will most likely gain support from the Texas Association of Counties and other county centric organizations.” This bill stems from an internal matter within Collin County. Because TAC represents ALL elected and appointed county officials, including auditors and commissioners courts, TAC does not take sides in internal disputes, including this bill. We would appreciate a clarification. Thank you.

Elna Christopher
Director of Media Relations
Texas Association of Counties

I regret the error.

Bill

Plano Representative Jerry Madden has filed a bill in the Texas Legislature that seeks to limit the ability of a county auditor to audit software and IT systems.

Presumably at the request of the Collin County Commissioners, on January 12, Madden filed HB561, "Relating to the authority of county auditors with respect to computer software and data of other local officers or departments."

The bill specifically removes the authority of the auditor to have "continual access" to the financial data, books and records of county officers. Instead of "continual access", the bill would only allow the auditor to "examine and investigate the correctness" of these records.

In addition, the bill prohibits the auditor from having direct access to "real time" data under the control of another county department without written permission from that department. Lastly, Madden's bill would remove any authority the auditor might exercise in mandating the use of specific software or components by other county departments.

At a legislative workshop held late last year, the commissioners specifically asked for one of the Collin County legislature's representatives to file this legislation on their behalf.

The Commissioners have lost two lawsuits seeking to limit the auditor's authority to access computer systems and data. While they have filed a notice of appeal, those I've spoken with believe an appeal is unlikely to succeed.

Repeated defeats in a court have not deterred the commissioners in this turf war over control of data.

The auditor is not under the control of the commissioners court, but is hired and answers to a board made up of the county's District Judges.

The Texas Constitution and the state's Government Code specify a number of county officials whose operations and budget are not under the control of the county commissioners court. Along with the auditor, the law makes the Purchasing Agent, Court Reporters and the Probation Departments independent of county commissioners court control.

In the case of the auditor and purchasing agent, the independence is designed into the law as a check and balance to try to thwart graft and corruption by elected officials. Such graft is not unknown in Texas (or in McKinney)- back in the 1980's a Collin County commissioner resigned after the auditor uncovered insider dealings between the county and a gravel operation owned by the commissioner. The commissioner ended up in the federal penitentiary for tax evasion.

Such checks and balances seem to rankle our commissioners. They've acted as if they resent any check on their prerogatives. Lately, in the commissioners court agenda, they have even begun to list all contracts and expenditures by departments not under their control with the caption, "Decisions mandated by legal entities outside of Commissioners Court authority". In addition, they have asked the county's legislative delegation to sponsor bills to limit the independence of the purchasing agent and auditor.

Two years ago, the commissioners court was unsuccessful in convincing the legislature to give control over the court reporters to the county commissioners court.

Madden's bill will most likely gain support from the Texas Association of Counties [Texas conference of Urban Counties] and other county centric organizations. Citizens groups and accounting lobbies are likely to oppose it.

Since the commissioners can't win in court, they have declared war, Madden is their hired mercenary.

Its all about power and turf. Its not about good government "of the people, by the people and for the people."

Bill

Correction made 1/28/09 by Bill. See TAC objects...

Jeff Skilling of Enron fame would still be a free man if government auditors were required to get his approval of the tools and methods they used.

"Because of interference by this Commissioner’s Court and Department Heads under the Commissioner’s supervision, the Collin County Auditor has been denied the necessary inquiry access, personnel and tools to enforce current requirements" Donald Cozad, Collin County Auditor

But that's exactly what the Commissioners Court is requiring of its auditor. They have effectively prevented Don Cozad, the County Auditor from auditing the computer software used to prepare financial information by requiring him to first get the IT department to approve the software he wants to use.

The IT department is responsible for the software that Cozad wants to audit.

So, the Auditor can't audit the IT department because the IT manager won't approve his tools. That's auditing, Collin County style.

Never mind that state law requires the Auditor to set the standards for financial accounting. Never mind that the county has already spent over $300,000 in an attempt to stop its Auditor from fulfilling his duty to the taxpayers. Never mind that a District Judge has twice ruled that the Auditor has the right and authority to audit the software.

None of that matters when the commissioners use their control of the purse to stop Cozad from getting access to the software and tools he needs to audit.

In November, Cozad sent a letter to Judge Keith Self and the commissioners court. In his letter, Cozad warned that without the ability to audit the financial software, he might not be able to give a clean certification to the year end annual financial report. By not gaining a clean audit, the county will severely jeopardize its credit ratings and its ability to sell bonds.

Cozad began his letter by stating:
"For approximately the past six years I have attempted to put in place an internal audit program to insure compliance with existing internal control requirements and in anticipation of more stringent controls as the result of events in the private sector (World Com, Enron, etc.) That program hinged on hiring an internal auditor with adequate technical skills and certifications to accomplish the task I envisioned. Because of interference by this Commissioner’s Court and Department Heads under the Commissioner’s supervision, the Collin County Auditor has been denied the necessary inquiry access, personnel and tools to enforce current requirements and to prepare to comply with anticipated more stringent internal and external audit standards.

"The more stringent internal and external audit standards that I anticipated have now become a reality."

Cozad then continued with:
"I anticipate that the audit of Collin County’s financial systems and internal control documentation will result in audit findings. Collin County’s system of internal controls and documentation may violate certain standards promulgated especially for governmental entities.

"The Collin County Auditor must have the capability to assure compliance with the current auditing standards. Among other things the Auditor must have the ability in the form of personnel, audit tools, and adequate inquiry access to insure that proper accounting internal control standards such as access and segregation of duties are in place and respected at all times. Without this capability, he or she will not be able to certify to the accuracy of the financial data used to compile the 'Comprehensive Annual Financial Report' going forward. This could and probably would result in the issuance of a qualified opinion at some time in the future.

"A lot of this problem can be readily solved by your authorization of the purchase or license of the Audit and Audit Management Programs. This software will allow the Auditor to manage audit programs electronically, identify existing internal controls, weaknesses, and make recommendations on how to improve those controls. Ongoing monitoring of those controls will create a lower risk environment which will allow for less intrusive and more effective internal and external audits. I respectfully request that the Commissioner’s Court approve the budget to purchase the Audit and Audit Management Programs."

Commissioner Ward summed up the commissioners position when she said, "Anything to do with IT must go through IT". That position forces the Auditor to request IT department approval on the tools and methods he wants to use to Audit the IT Department. This idiotic, circular thinking effectively defies any attempt by the appointed County Auditor to conduct an independent review of the policies and security of the systems that feed data to the financial statements.

Last week, two months after they received his letter, the commissioners court refused to approve a $5,500 budget adjustment so that the Auditor's department could purchase a laptop and software to monitor the financial database tables that feed the software systems.

The commissioners asked Cozad if IT manager Caren Skipworth had signed off on his request. After Cozad said she had not, Judge Self asked Skipworth if she had reviewed the auditors request. She had not.

The court then asked Cozad what exactly the software he was requesting was designed to do. After Cozad explained that the programs would document the structure and policies of the database tables and then monitor them for change, the commissioners decided that the programs simply used queries to access the data and they suggested that perhaps IT could furnish the queries for him.

When Judge Self called for a motion to approve the Auditor's request, no motion was made, effectively denying the budget adjustment.

No one on the commissioners court seemed to realize the implications of using the IT department to audit itself. Accountants I spoke to were unanimous in saying that a self-audit is not an audit at all, but merely management's opinion.

But that is exactly what the commissioners court wants, and they have asked the Collin County legislative delegation to introduce a bill that would remove all authority to audit software from the County Auditor.

Last year, the commissioners court sued the Auditor to stop him from seeking an opinion from the Texas Attorney General to clarify the Auditor's authority to audit the county's computer systems. A visiting judge ruled against the commissioners.

The Commissioners Court then filed a second suit to keep the Auditor from accessing software systems for audit.

Their suit claimed that granting the Auditors demands would cost the county "millions of dollars". (Mr. Cozad's request last week was for $5,500)

After the commissioners spent over $300,000 in legal fees with taxpayers money , the judge ruled against the county commissioners court on all points.

The battle of wills continues. I suspect there will be another suit, and more taxpayer money will be spent in what is at best a turf war, and at worst an attempt to hide the county processes from public scrutiny.

Notes:

Documents:
Cozad's letter to Judge Self and the Commissioners Court, dated November 25, 2008

Judge Calhoun's Final Judgment, dated October 15, 2008.

Collin County's Response to the Auditor's and intervenor's first traditional motion for partial summary judgment, August 4, 2008

Sworn Affidavit of Caren Skipworth, August 1, 2008

Don Cozad's request for Attorney General's opinion, dated April 3, 2008.

Coverage by the CCO and press:
Who gains from the county's suit against its auditor?, CCO November 18, 2008

Turf battle costs taxpayers over $300,000, CCO, November 9, 2008

Expensive turf war with taxpayer dollars grinds on, CCO, August 13, 2008

County auditor won’t have to answer deposition questions - McKinney Courier-Gazette August 12, 2008

Officials meet today in court over county's suit against its auditor, Don Cozad - McKinney Courier-Gazette August 11, 2008

Auditor alleges county Open Meetings violations - CCO June 11, 2008

Auditor asks for an attorney - CCO June 9, 2008

Who authorized the suit against the Auditor? - CCO May 28, 2008

County seeks declaratory judgment against auditor - McKinney Courier Gazette May 23, 2008

I protest yet another secret meeting - CCO May 20, 2008

Who's watching the store? (And the disk drives?) - CCO April 26, 2008

After last week's Commissioners Court meeting no one should have any doubt that county Judge Keith Self is on a mission to cut costs.

He first questioned the Public works Director about buying 3 replacement pickup trucks. Noting that the county had recently lost a TERP grant in part because its equipment was not old enough, Self questioned whether the old trucks really needed replacement. After some discussion, the purchase was approved.

Self then proceeded browbeat a reluctant Rubin Delgado (the county's engineer) into renegotiating the hourly costs in a $437,000 consulting contract with HTNB.

The commissioners also looked at lap band surgery for county employees. After spending over $3 million on these fat reduction procedures, the commissioners made it clear they will kill the program at the next meeting.

Several times during Monday's meeting Self and several of the commissioners pointed out that with the economy in a downturn, the county had to find ways to cut its own spending.

This writer believes that Judge Self is entirely correct in leading an item by item effort to drive down the cost of county government. Reluctant department heads need to understand that the need to look outside the box for spending cuts is mandatory.

It seems though, that Self and the court would do well to look at their own spending habits. After all, the time honored way of gaining cooperation is to set the example first.

Perhaps the court should begin by looking at its own spending for "business meals". For example, according to the county's check register, in the last 3 months of 2008, Commissioner Jerry Hoagland alone spent over $1,300 in taxpayer money for meals.

The commissioners court must show it is willing to toe a fiscally conservative line. To ask that everyone but themselves sacrifice is nothing but arrogant.

Bill

Collin County may cancel lap band surgery insurance

Saturday, January 17, 2009
By ED HOUSEWRIGHT / The Dallas Morning News

About 150 obese Collin County employees have achieved dramatic weight loss with lap-band surgery. And they've done it at taxpayer expense.

The county has spent more than $3 million in public money on stomach-reduction procedures in the past seven years, records show.

Each operation costs $15,000 to $30,000, and the county insurance plan covers almost all expenses.

"I'm totally against it," said new county Commissioner Matt Shaheen, who took office Jan. 1.

He railed against the procedure at his first commissioners' meeting last week and got plenty of support. Other commissioners said they were shocked at the number of lap-band surgeries performed and the expense incurred.

"I think it's probably being used more than it was intended," Commissioner Joe Jaynes said.

Commissioners say they intend to stop covering the procedure. They're scheduled to vote on the issue at their Jan. 27 meeting.

"In an economic situation like we're in now, we need all our spare dollars," Commissioner Kathy Ward said.

Commissioners decided to cover the weight-loss operation several years ago in hopes of cutting down on long-term medical expenses. If morbidly obese employees lost weight, they would incur fewer costly health problems, commissioners reasoned.

Now, however, they say far too many of the county's 1,700 workers are turning to lap-band surgery instead of relying on diet and exercise to shed weight.

"Employees can control what they put in their mouth," Commissioner Jerry Hoagland said. "They don't have to get a rubber band placed around their intestine, or however the procedure works, in order to lose weight."

read more....

2008's Top Ten reasons why there is a Collin County Observer. Most of these stories were first covered here, a few were only covered here.

10. Commissioners forcing the resignation of the Teen Court Coordinator because he was gay.

9. Commissioners refuse to enact an Equal Employment Opportunity Policy, shortly before they force the gay guy out.

8. Lovejoy ISD fighting Open Records requests, banning a parent and firing a teacher.

7. District Judge Charles Sandoval pushing experimental drugs on probationers.

6. Commissioners sitting quietly while Commissioner Hoagland rants against A-rabs and Indians.

5. Judge Mark Rusch issuing search warrants against the defense attorney in a capital case, and then refusing to recuse himself.

4. Commissioners awarding, without competitive bid, over a million dollars in federal grant money to the son of Sam Johnson for Fusion Center software.

3. DA Roach fighting against new trial of defendant sentenced to death in a trial conducted by a judge and DA who are playing coochie-coochie in secret.

2. Commissioners spending $300,000 to sue the Auditor, loosing the suit twice, and still appealing.

1. County pushing for SH 121 tolling only to have the Attorney General refuse to allow the county to get any of the $2 billion in toll funds it was promised.

Bill

Last month, there was renewed media interest in the sad death of a Murphy toddler. The child was strangled after being caught in a backyard soccer net in 2007.

After, WFAA and the Dallas Morning News wrote articles critical of the Murphy 9-1-1 operator and the Murphy police, the City released a report on the incident written by the then acting city Manager.

The news media focused on an emotionally charged 9-1-1 call by the child's distraught mother leading to a 2-1/2 minute delay in summoning the EMT's.

It seemed to me that the 6 minute police response and the 8 minute EMT response time after dispatch was unusually long for a city as small and compact as Murphy.

In order to try to obtain some basis for critiquing the emergency team's responses, I sent open record requests to both Murphy and the neighboring City of Wylie.

The results are sobering.

For the Murphy Police Department, the average response time (averaged over 15,530 calls in 2008) was almost 7 1/2 minutes. Most of that time - 4 1/2 minutes was spent before 9-1-1 actually issued a dispatch to the patrol officers.

However in Wylie, the average response time (averaged over 27,230 calls in 2008) was 4 3/4 minutes. The time 9-1-1 needed to dispatch averaged only about 1 minute.

The statistics for Fire/EMT response are just as disturbing.

In Murphy, the average response time for Fire/EMT was over 8 minutes. In neighboring Wylie, it was 4 1/4 minutes.

Benchmarks set by the National Fire Protection Association (Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments) call for a response time of 4 minutes or less, achieved 90% of the time.

Studies have proven that reduced response times save lives. One 10 year old study showed that reducing the EMT arrival time from 8 minutes to 5 minutes almost doubled the survival rate of patients in cardiac arrest.

Another study, from 2005, showed that while 8 minute response times did not positively impact survival rates, moving to the 4 minute average did have a significant effect on overall patient survivability.

The Wylie fire department has an ISO 1 rating, which is the highest rating offered by the Insurance Services Office, who rates fire departments on a scale of 1 (best) to 10 (worst). Murphy's ISO rating is 4.

Looking a little deeper into the sub-par Murphy statistics, I discovered 2 things that far outweigh the smaller size of Murphy's public safety departments.

First, in 2006, Murphy made a decision to bring 9-1-1 operations "in-house" as part of the police department's communications division. In 2007 (at the time of Matthew Cantrell's death) the authorized staffing for police communications was 5 persons. That was increased to 8 in 2008, but decreased to 7 in the 2009 budget.

Second, according to those I've talked to, the City Council stopped receiving regular response time statistics from the city manager "a few years ago".

It would appear to this writer that the city's slow response times are the result of management neglect, poor implementation of the 9-1-1 system, and by lack of oversight by the elected city council.

Bill

NOTES:

2008 Murphy Fire Emergency Response times

2008 Murphy Police Emergency Response times

2008 Wylie Fire Emergency Response times

2008 Wylie Police Emergency Response times

Cover up in Murphy? Is city telling the real story of toddlers death?, CCO Nov. 11, 2008

Murphy City Manager's report on toddler death clears officer's actions, CCO Nov. 18, 2008

On the agenda for the December 9 Commissioners' court is item #4f2, "Grant exemption from the competitive bidding process...[to] approve a Maintenance Services Agreement with ADB Consulting, LLC for Fusion System Operation and Maintenance for an annual amount of $36,400..."

ADB Consulting is based in Santa Fe, NM. ADB stands for "Anita and Dr. Bob". Its partners are Dr. Robert Johnson and his wife, Anita Miller. They describe themselves as consultants and options traders.

According to check registers published on the county website, Collin County paid ADB consulting $556,123.51 in fiscal year 2008 for consulting, maintenance and software for the North Texas Fusion Center.

The North Texas Fusion Center is an intelligence gathering and data sharing system used in the 16 county North Texas area. It is funded mostly by state and federal grants. The largest grant is the "State Homeland Security Grant" which is financed with federal funds allocated under the "Law Enforcement Terrorism Prevention Program" created by the US Patriot Act.

Dr. Robert Johnson of ADB Consulting is the son of Congressman Sam Johnson. Congressman Sam Johnson voted for the Patriot Act.

It's not surprising that Anita and Dr. Bob's website points to the website of "our favorite congressman" - Congressman Sam Johnson.

Bill

Previous CCO posts on the North Texas Fusion Center:

Apr. 18, 2008 Code Red: better late than never - or is it?

May 4, 2008 While Plano was watching TV, what was the Fusion Center doing?

Plano's Heritage Farmstead Museum board says director took $150,000 before he died

Sunday, November 23, 2008
By WENDY HUNDLEY / The Dallas Morning News

Before his death, the executive director of Plano's Heritage Farmstead Museum took more than $150,000 from the museum's coffers by making unauthorized payments to himself, his creditors and "fictitious third-party vendors," court documents allege.

Details were revealed in a civil petition filed last month by the Heritage Farmstead Association, a nonprofit organization that operates the museum. The group wants to depose the widow and other family members of Ted Peters, who served as executive director of the museum from 1994 until his death two years ago.

After his death, Plano police began investigating allegations that funds were missing, but no criminal charges were filed and the case is closed. The civil action provides insights about how the funds were spent and links the misuse allegations to Mr. Peters for the first time.

The farmstead association petitioned the court because it is considering suing members of the Peters family to recover the missing funds.

"The purpose of the lawsuit, if there is a lawsuit, will be to reimburse the farmstead association and the city of Plano for the money that was fraudulently taken from the farmstead by Ted Peters during his tenure as executive director," said Plano lawyer Homer Reynolds III, who represents the organization.

Robert Scott, an attorney for Mr. Peters' widow, Fonda Peters, and other family members, said his clients do not have any of the disputed assets.

"This is a tragic set of circumstances, and we've always been willing to talk," Mr. Scott said. "This is the first attempt to talk with my clients, and it's been done with a lawsuit."

At a hearing earlier this month on the group's motion, a Collin County judge ruled that the family members could be questioned but limited the scope of the depositions and the documents they must provide.

Last year, the museum's board reported "irregular business transactions" to the city, prompting the criminal investigation.

Mr. Peters, who was paid $30,000 a year and had charge of the museum's financial books, was never publicly named a suspect.

In 1994, he was chosen from more than 100 candidates to run the 4-acre museum in south central Plano that depicts prairie life in the 19th century. The museum is supported by the city through hotel and motel taxes.

When Mr. Peters was hired, officials didn't know that he was an ex-felon who had just received 10 years of probation for financial misdealing when he was a lending officer for a Greenville, Texas, life insurance company.

read more....

This is the second of a 3 part series to be published by the Collin County Observer on the ongoing battle by the Commissioners Court to gain control over all county operations.

Part 1: Turf battle costs taxpayers over $300,000.
Part 2: Who gains from the county's suit against its auditor?
Part 3: Checks and balances in Collin County government.

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

Who gains from the county's suit against its auditor?

In May of this year, the Collin County Commissioners filed a lawsuit against the County Auditor in an attempt to stop the auditor from gaining access needed to audit the county's numerous computer programs that generate reports on all facets of county financial operations including, cash receipts, payroll, fines, expenses and tax collections.

Donald Cozad, the County Auditor had been trying for several years to gain "read only" access to the tables, calculations, permissions and formulas that these systems used to create the reports that are summarized in the county's financial statements.

Last month visiting Judge Calhoun ruled for the second time against the commissioners court, and acknowledged that the Auditor has all the rights to the software that he had been requesting. So far, these suits have cost the Collin County taxpayer over $300,000. [see Turf battle costs taxpayers over $300,000, CCO, Nov. 9, 2008]

The costs to the taxpayer will continue to rise, and probably double as the county has filed a notice of appeal.

One question that nags anyone who has examined the issues in this dispute is "Who gains from a successful suit by the Commissioners Court?". The commissioners warn of disastrous financial consequences if the auditor is allowed to prevail. A closer look at the issues and players involved with this suit suggests that there may be hidden agendas that have nothing to do with saving taxpayer money.

A "power grab"
For years now, the commissioners have coveted and expressed resentment over any county operation they do not control. Texas state law, in providing for a system of checks and balances has placed several departments beyond the authority of the commissioners court. These departments include the County Auditor, the Purchasing Agent, Court Reporters, and Juvenile Probation.

The commissioners complain that they are responsible for the budget, but 10% of the budgeted funds are spent by officials the commissioners have no authority over. Commissioners want the final policy and hiring authority over all non-elected department heads.

During the last legislative session, the commissioners tried and failed to get the Texas Legislature to allow the commissioners to replace court reporters with electronic taping systems, even over objections from an elected judge. This year they are asking the legislature to prohibit the auditor from accessing and auditing software and from controlling payroll. They are also asking that they be given control over the purchasing department.

In their suit against the auditor, the commissioners claim that granting the auditor's demands will be burdensome and expensive.

In their filings with the 219th District Court, the commissioners charge that, "The Auditor’s Questions are proposals for radical change to Collin County’s computer systems masquerading as an innocent effort to clarify his statutory duties as the county auditor."

Claiming that the auditor is engaging in a "power grab", the commissioners wrote that, "The Auditor seeks to vastly increase his influence and power in the Collin County government." and that "the additional powers the Auditor seeks would have disastrous consequences for Collin County’s taxpayers."

These "disastrous consequences" to the Collin County taxpayer were at the heart of the the commissioners' argument before the court.

Millions of dollars
The commissioners charge that, "the Auditor’s proposed changes would cost the taxpayers of Collin County millions of dollars in vendor modifications to computer software and hardware and lost man-hours for county
employees."

In a sworn affidavit, Collin County's IT Director, Caren Skipworth told of the Auditor's requests to gain "read only" access to the major IT systems -

Ms. Skipworth wrote that with one major software package, the multi-million dollar installation of "PeopleSoft", the vendor was able to make the changes that allowed Mr. Cozad 'read only' access. Another huge program named "Land Deeds and Vitals System" that is used by the County Clerk could be modified to meet the requirements of the auditor for only $5,000.

However, with the $7 million dollar installation of the court room management software package called "Odyssey" it was a different matter. Odyssey was developed and sold by Tyler Technologies of Dallas. According to Ms. Skipworth, Odyssey's vendor has told her that the required changes could not be made.

Ms. Skipworth also wrote that, "Typically, however, vendors do not develop software applications with view inquiry access to configurations, workflow, user profiles and security". "More over", Skipworth wrote, "it is highly unusual for a vendor to be willing or able to alter an application to allow for something like view inquiry access after the program's development."

Really?

Auditor's portals
PeopleSoft was able to offer the modifications easily. Land Deed and Vitals was able to do so cheaply. Only Odyssey seems to be impossible to modify - even by the programmers who wrote it.

A look at Tyler Technologies website shows that Tyler offers custom programming and development. It would seem extraordinary that they can customize other operations, but can't fix their own programming to meet current accounting standards.

I've spoken to several vendors of large ERP systems. (ERP stands for Enterprise Management Program.) ERP systems are large programs designed to run entire corporate finance, production, and logistics departments. Without exception, these vendors all offer "read only" audit access. One salesman told me he wouldn't even try to sell a large software system without an "auditor's portal". No one would buy it.

Because, in the world after Enron and Worldcom, such audit functions are required by law. The Sarbanes-Oxley Act, enacted in 2002 makes such auditor oversight mandatory for public corporations - but not for government.

I also spoke with experts who deal with regulatory software - the large programs that are used by, for example, food processors to insure regulatory compliance. These programs too must contain "read only" access to base functions for auditing.

What's the deal with Odyssey?
Odyssey was born out of a vision by the Texas Legislature and Texas Supreme Court to automate much of the functions of the court system in such a way that would enable efficiencies in automated filing and allow communication between the trial courts and the appellate courts.

In the late 1990's the 75th Texas Legislature created the Judicial Committee on Information Technology (JCIT). The JCIT is made up of judges, lawyers and DA lawyers from around the state.

The JCIT was tasked to, "establish standards and guidelines for the systematic implementation and integration of information technology into the trial and appellate courts in Texas." In other words, the JCIT was to write the program specifications for automating the court systems.

From 2001 to 2003, the JCIT solicited input from courts and vendors, developed program parameters, and published standards to be incorporated into courtroom software.

One of the companies that gave input into the process and developed software to meet these new standards was Tyler Technologies. Their Odyssey program is a suite of software programs designed to automate courts, jails and justice operations.

In 2006, the Conference of Urban Counties (CUC) selected Odyssey in a $12.4 million software license agreement under its TecShare program for joint use and license by its members. The CUC is a non-profit organization composed of 34 member counties representing nearly 80 percent of the population of Texas.

The agreement gave existing CUC members the right to adopt Tyler's Odyssey Case Manager and Odyssey Prosecutor software applications. The agreement also gave CUC members that adopt the court management system access to other applications in Tyler's Odyssey suite of applications, such as Law Enforcement, Jail Manager and Check Manager.

Collin, Dallas, Galveston, Denton, Fort Bend, Grayson, Guadalupe, Hidalgo, Kaufman, Kerr, Nueces, Tarrant, Taylor and Williamson counties are among the CUC members that have signed contracts and are adopting Odyssey.

The JCIT, Gardere and Tyler Technologies
Remember that the base criteria and specifications for Odyssey were written by the JCIT. The chairman of the JCIT was and is Peter S. Vogel, a partner at the Dallas law firm of Gardere, Wynne Sewell LLP.

Mr. Vogel is also Collin County's lead attorney in its suit against its auditor.

Critics have charged that Mr. Vogel is defending software written to his specifications using Collin County tax dollars.

Mr. Vogel's law firm Gardere, Winn Sewell, LLP can also count Tyler Technologies as one of its major clients. A quick Google search will turn up many SEC filings by Tyler Technologies - all prepared by or signed off by Gardere, Winn Sewell, LLP.

If the Auditor wins the appeal, this kind of "read only access" to county computer systems will likely become the de facto standard for all counties in Texas.

Tyler Technologies' Odyssey suite has a large Texas county customer base. It would be reasonable to believe these installations will sooner or later require the same modifications requested by the Collin County auditor - Tyler Technologies would then have to reprogram every Texas installation of Odyssey and any other program it sells without "read only" audit capabilities to county governments.

Tyler could try to bill the counties for this service. One would suspect that if they did, the law suits would fly from many directions. Tyler Technologies is a growing company that sells software exclusively to governments. It wants more business, not lawsuits from its customers. In all probability, Tyler would have to reprogram all these Odyssey installs at its own expense - but only if the Collin County Commissioners lose their appeal to the 5th Court of Appeals.

The total cost to Gardere's other client of such a reprogramming is unknown, but other than the costs of this litigation, it shouldn't cost the Collin County taxpayers a dime.

Not one dime.

Bill

NOTES:
Judge Calhoun's Final Judgment, dated October 15, 2008.

Collin County's Response to the Auditor's and intervenor's first traditional motion for partial summary judgment, August 4, 2008

Sworn Affidavit of Caren Skipworth, August 1, 2008

Don Cozad's request for Attorney General's opinion, dated April 3, 2008.

Turf battle costs taxpayers over $300,000, CCO, November 9, 2008

Expensive turf war with taxpayer dollars grinds on, CCO, August 13, 2008

County auditor won’t have to answer deposition questions - McKinney Courier-Gazette August 12, 2008

Officials meet today in court over county's suit against its auditor, Don Cozad - McKinney Courier-Gazette August 11, 2008

Auditor alleges county Open Meetings violations - CCO June 11, 2008

Auditor asks for an attorney - CCO June 9, 2008

Who authorized the suit against the Auditor? - CCO May 28, 2008

County seeks declaratory judgment against auditor - McKinney Courier Gazette May 23, 2008

I protest yet another secret meeting - CCO May 20, 2008

Who's watching the store? (And the disk drives?) - CCO April 26, 2008

Found at GFOAT - Government Finance Officers of Texas job listings page.

Not listed in the requirements are:

• Comfortable working in the dark.
• The ability to pay for your own attorney.
• Must love giving depositions.
• The stamina to absorb incoming fire while remaining standing.
• The willingness to be the butt of public jokes in open court.
• Willing to trust computer programs rather than mess with them.
• Personal body amour not furnished; you must supply your own.

Bill

RTC NTTA NCTCOG CCAD CJPDC MPO DART RRC

There is an alphabet soup of organizations that impacts almost every facet of your life. These quasi-governmental groups determine transportation policy, collect taxes, appraise your property, take you to work, dole out grant money and spend vast amounts of public funds.

Yet, they are not accountable to the citizens they serve. You've probably never even heard of many of them. You've never elected anyone to these boards and commissions, yet some of them are made up of elected officials. They operate in the shadows.

Take for example the RTC. The RTC is the Regional Transportation Council. It is made up up local city and county elected officials and it serves as one of the primary planning and funds disbursement. All $3.2 billion "up-front" money for the SH 121 toll road flowed through the RTC, who alone set the guidelines for divvying up these billions to the counties.

Last week, the RTC voted to approve a regional rail plan named "Rail North Texas" after a long 3 hour debate.

According to an article published in the Fort Worth Star Telegram, the RTC approved the plan and recommended it to the legislature for their approval. The Star Telegram article noted that the, "vote was split — 26 yeas, 13 nays and four no-shows."

Since the plan was controversial, and would result in the formation of another regional taxing district, I contacted the RTC and asked for the list of members who voted 'yes' or 'no'.

"The RTC does not take recorded votes so I do not know who specifically voted for or against."
Lara Kohl, NCTCOG

Collin County has 5 members on the RTC, Commissioner Joe Jaynes, Plano Councilman Lee Dunlap, NTTA Chairman Paul Wagemen (from Plano), Frisco Mayor Maher Maso and McKinney Mayor Bill Whitfield. I wanted to know how they voted.

I was surprised at the response I got from Lara Kohl, the Public Involvement Manager for the transportation department at NCTCOG. Ms. Kohl wrote, "The RTC does not take recorded votes so I do not know who specifically voted for or against."

The Rail North Texas plan proposes to spend billions of dollars, raise taxes, and collect fees, but no one knows who voted for it!

In this writer's opinion, the lack of accountability here is appalling. Most of us remember the excesses that have plagued DART, starting decades ago with a fancy conference room and more recently with major budgeting difficulties. No one is accountable.

The whole concept of democracy is based on a government that is "of the people". Our government was created to be held to task by its citizens. Several times each year, we go to the polls to do exactly that.

But who in this "shadow government" is held to task? It's time we looked at the makeup of these organizations, and demanded accountability - including recorded votes on all actions.

Bill

Glossary

CCAD Collin County Appraisal District. Board members elected by member cities, school boards and taxing agencies. Responsible for all property appraisals in the county.

CJPDC Criminal Justice Policy Development Committee. Responsible for reviewing and setting priorities for all criminal justice funding requests. Committee members are appointed by NCTCOG's Executive Board.

DART Dallas Area Rapid Transit. Operates trains, buses, HOV lanes. runs its own police department, collects taxes and fares. Board appointed by local member cities.

MPO Metropolitan Planning Organization. Made up of NCTCOG and RTC. Overall catch all for transportation planning and policy.

NCTCOG North Central Texas Council of Governments. Is the MPO for North Texas. Operates dozens of programs that control and funnel billions of dollars of state and federal grant money... for everything from air quality to roads. Board is appointed by local governments.

NTTA North Texas Tollway Authority. Builds and operates tollroads, tunnels and bridges. Collects tolls. Board is appointed by the 4 member counties, with one member appointed by the Governor of Texas.

RTC Regional Transportation Council. The MPO's transportation policymaking body, determines how regional transportation funds should be spent. The 43 members are appointed by local governments.

This is only a partial listing of the 'shadow government' organizations that may set policy, receive tax money, charge fares or tolls, spend public funds, and control billions in grant funds.

This is the first of a 3 part series to be published by the Collin County Observer on the ongoing battle by the Commissioners Court to gain control over all county operations.

Part 1: Turf battle costs taxpayers over $300,000.
Part 2: Who gains from the county's suit against its auditor.
Part 3: Checks and balances in Collin County government.

--------------------------------------------------------

Turf battle costs taxpayers over $300,000

"Collin County shall take nothing on its claims in this lawsuit."
Visiting Judge Jerry Calhoun

The ongoing attempt by the Collin County Commissioners to bring the County Auditor to heel has cost the taxpayers at least $304,177.35. This figure does not include court reporter's transcripts, deposition costs, unpaid attorney's fees, court costs, or expenses.

The expenses will continue to climb as the battle of wills over turf continues.

In his final judgment in favor of the Auditor, visiting judge Calhoun summed up his decision with, "Collin County shall take nothing on its claims in this lawsuit."

Judge Calhoun found in favor of the County Auditor, Donald Cozad on all 9 questions that Cozad asked. He also ordered the county to pay the auditor attorney fees of $86,014.12.

In his decision, Judge Calhoun increased the Auditor's attorney fees to be paid for by the county by $50,000 if they appealed, and he ordered them to pay $10,000 for each post-trial motion.

The commissioners immediately filed 2 post trial motions and a notice of appeal.

According to the county's check register, Collin County has paid their attorney Peter Vogel's firm, Gardere, Winn, Sewell a total of $117,576.61 since filing the first suit against their own Auditor. They have also paid visiting judge Jerry Calhoun $566.40.

The commissioners have filed a notice of appeal and asked for transcripts to be prepared and sent to the 5th Court of Appeals in Dallas. The cost of the appeal could run least another $100-200 thousand in taxpayer dollars.

This is the second time Judge Calhoun has decided against the commissioners and in favor of the Auditor. In August, Calhoun issued a temporary injunction affirming Cozad's right to seek an opinion from the Texas Attorney General.

A question of law
Texas law requires that the County auditor is appointed by the local District Judges. The district Judges have the sole authority to hire, fire and set the salary of the Auditor and his staff.

The auditor is required by law to:

• Sec. 112.002. (a) In a county with a population of 190,000 or more, the county auditor shall prescribe the system of accounting for the county.
  (b) The county auditor may adopt and enforce regulations, not inconsistent with law or with a rule adopted under Section 112.003, that the auditor considers necessary for the speedy and proper collecting, checking, and accounting of the revenues and other funds and fees that belong to the county or to a person for whom a district clerk, district attorney, county officer, or precinct officer has made a collection or for whose use or benefit the officer holds or has received funds.
• Sec. 112.006. GENERAL OVERSIGHT AUTHORITY OF COUNTY AUDITOR. (a) The county auditor has general oversight of the books and records of a county, district, or state officer authorized or required by law to receive or collect money or other property that is intended for the use of the county or that belongs to the county.

The request for Attorney General's Opinion
The battle between the commissioners and auditor began over whether the auditor could gain access to the base tables, permissions and settings of the software used by the county - especially software that fed into the accounting system.

When the county began deploying PeopleSoft's payroll system, Cozad asked for "read only" access to the software. The county said that level of access was not available and would be too costly to implement.

After months of wrangling, Mr. Cozad wrote a letter to the Texas Attorney General seeking clarification of his authority to compel the commissioners to grant him read only access to all software systems.

Mr. Cozad asked the Attorney General to answer 9 questions including:

• "May the County Auditor examine and audit the records (both paper and electronic) of administrative or elective offices?"
• "May permission to provide the County Auditor with only view only access to internal controls within a system or use of monitor software that reports changes be arbitrarily withheld?"
• "May permission to provide the County auditor with access to any data and/or tables used to create or support financial transactions... be arbitrarily withheld?"

The first lawsuit
The commissioners responded to Cozad's request by filing suit, asking the court to prohibit the Auditor from seeking an AGs opinion. In another action, the commissioners refused to pay for the auditor's attorney.

In August, Judge Calhoun ruled against the commissioners, granting the auditor the right to seek the opinion.

The second lawsuit
The commissioners then filed another suit asking for a jury trial to answer the questions posed to the AG by Mr. Cozad.

Much of the county's arguments were based on the effects and costs of granting the auditors requests. At one point the judge reminded Mr. Vogel that they were deciding if the auditor had those rights, not how to accomplish them.

Last month, Judge Calhoun denied the jury trial, and issued the final judgment in favor of the county auditor.

Judge Calhoun responded to each of the nine questions with, "The auditor may examine", or other words that granted the Auditor every single right he requested on all nine questions, Cozad was also awarded his attorney's fees.

The attorneys for the county then filed:

1. a motion for a new trial
2. a motion to amend the judgment
3. a notice of appeal

A hearing on the motions is set for November 13.

Bill

NOTES:
Judge Calhoun's Final Judgment, dated October 15, 2008.

Don Cozad's request for Attorney General's opinion, dated April 3, 2008.

Expensive turf war with taxpayer dollars grinds on, CCO, August 13, 2008

County auditor won’t have to answer deposition questions - McKinney Courier-Gazette August 12, 2008

Officials meet today in court over county's suit against its auditor, Don Cozad - McKinney Courier-Gazette August 11, 2008

Auditor alleges county Open Meetings violations - CCO June 11, 2008

Auditor asks for an attorney - CCO June 9, 2008

Who authorized the suit against the Auditor? - CCO May 28, 2008

County seeks declaratory judgment against auditor - McKinney Courier Gazette May 23, 2008

I protest yet another secret meeting - CCO May 20, 2008

Who's watching the store? (And the disk drives?) - CCO April 26, 2008

Here are the latest updates on a couple of the subjects covered in the Collin County Observer:

Collin County vs Collin County Auditor - expect much more writing from me on this.

On the 22nd, visiting Judge Calhoun ruled in favor of the auditor. This is the second time Judge Calhoun has granted summary judgments against the Commissioners Court. His final written ruling is expected in a few days.

While the ruling may be final, the turf war is most certainly not.

Laubenberg and HB 3154 - The report on regional healthcare was due on the first of September. I contacted Rep. Laubenberg's office about getting a copy and was told that the report was "running late", and not withstanding the statutory deadline, to expect it in about 30 days.

Bill

In the arena, the crowd waits nervously. The battle has gone 2 rounds - both inconclusive and neither warrior seems to be giving in.

In one corner, perched on the edge of his seat and weighing in at a solid 220 sits the good ol' boy from East Plano. He's leaning back and flexing his muscles. Good ol' boy is obviously ready for a scrap.

In the opposite corner, leaner, but faster on his feet and warily peering at his opponent sits the colonel from McKinney.

Can either one best the other? Or will this battle end with both warriors bloodied in a double TKO?

Round one was fought to a standstill, yet it still appeared both fighters were willing to shake hands and retreat to their separate corners.

But it was not to be.

At the opening bell of round 2, the good ol' boy landed a few sucker punches that set the tone for the remainder of the round.

It's obvious to all observers that this is one tussle that won't be played by the Marquess of Queensberry rules - it appears to be more of a grudge match.

The crowd waits for the bell - round 3!

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

No, I'm not recounting an old Sullivan bare-knuckles fight. This is your commissioners court in action.

Jerry Hoagland has twice used innocuous agenda items as a launching pad for an attack on County Judge Keith Self.

Round 1 was back in April. Under an agenda item on planning for the budget process, Hoagland launched a diatribe at Self, charging that he was not a team player, and that Self was using his blog to try to "out conservative" the rest of the court. Hoagland took particular umbrage at a comment Self had written, stating, "it is no secret I [Self] stand alone on the court fighting against the rapid growth of government."

Hoagland then presented Self with a long list of budget amendment votes showing that Self had voted 105 times to increase the budget and only twice against.

Judge Self defended his votes and stated that the court must focus on the "core functions" of government and planning for the future transportation.

Phyllis Cole entered the fray by stating that Jerry votes "no" on almost everything. "He is the most conservative person on the court", she said.

Joe Jaynes left to fetch more coffee, and tried to stay off the field.

Most observers felt that Jerry Hoagland's attack was nothing more than pent up frustration with Self's opposition to the bond election.

Hoagland asked that Self pledge to be a team player. Self agreed to "continue to work with the court". Cole noted she was anxious to see that cooperation "continue".

So ended Round 1.

Round 2 was at the last meeting two weeks ago.

Jerry started out with a lecture on the chain of command and the role of Bill Bilyeu who is the county administrator.

Jerry's lecture soon became pointed when he accused Self of trying to force a department manager to resign and in interviewing prospective employees without the department manager's knowledge.

(Courthouse rumor has it that Keith Self suggested to Rubin Delgado, the County Engineer, that he might be of the age to consider retiring. The suggestion was taken as a threat.)

Judge Self denied doing anything against policy and noted that this was the second time Hoagland had ambushed him in 3 months.

Again Phyllis Cole took up with Hoagland, Jaynes tried to avoid the nasty stuff, while saying that he had no problem with anything the Judge had done, and Ward mostly defended Self.

Jerry Hoagland's response was that he will continue to bring these issues up and that we didn't need some "maverick" on the court, stating, "we have a person here [Self] who is violating the law".

"Judge, I intend to do this every time you do something I don't like", Hoagland vowed. "Count on the fact that this will happen again."

Self responded with, "I understand".

Round 2 came to a close.

These fights go on for the better part of 30 minutes each in open court.

Keith Self has proven to be a lightening rod. If one listens to courthouse gossip, Self has run off at least a couple of senior staff and more is in his sights. He has made no secret of his desire to reorganize the county administration. He seems to have a talent to create animosity.

Self certainly endeared himself to the court by recruiting primary opposition to both Jaynes and Cole and in opposing the bond package.

Judge Self likes to see himself as a Reagan reformer and defender of the taxpayer's money, Hoagland sees him as a self-serving maverick.

Hoagland sees himself as the real conservative, the defender of the taxpayer's money and seasoned in the functions of the county. Self sees Jerry Hoagland as the old guard he ran against in the 2006 election.

Conflict is bound to happen. However, the citizens loose when so much effort and county time is spent in top officials waging political war.

Each side is recruiting allies among staff members, most who just want to duck and cover. Time and energy is being wasted by two politicians waging a battle over who is the biggest, baddest conservative.

While the Democrat in me gets a certain kick out of watching two Republicans trade punches, the taxpayer in me is getting real impatient.

We, the taxpayers, are paying these guys very good money to run the county, not to try to run over each other.

Bill

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

For the video of Round 1, got to 2:04:30 into the recording of the April 29th meeting here

Round 2 is at 2:05:15 into the September 9th meeting recording that is here

$1.9 million bill out of blue blindsides ex-boomtown Royse City

Monday, September 22, 2008
By JAY PARSONS / The Dallas Morning News

Only a few years ago, Royse City was experiencing better days as one of the region's fastest-growing places.

But the rapid growth has subsided, and the past few weeks have been so terrible that FBI agents have poked around. And in the middle of a packed City Council meeting last week, Mayor Jim Mellody got so fed up that he quit and walked out of the building to a standing ovation.

"It's a big mess," said Don Hallett, who owns a restaurant in the city.

Troubles surfaced last month, when City Council members became suspicious of City Manager Karen Philippi's budget presentations.

On Aug. 12, the council suspended Ms. Philippi. In the ensuing weeks, council members said, they were shocked to learn that Royse City was on the edge of financial ruin. The city owed $1.9 million and would have to cut $2 million from its $8.5 million budget.

The council then dismissed 27 employees – about a third of the staff.

The council passed a 33 percent property tax hike, the city's first since 1994, and took out $1.2 million in tax notes, essentially a loan that must be paid off in a year.

The sudden stream of bad news fed a firestorm. At several meetings, residents interrupted to berate council members.

"I was hurt," said 20-year resident Nell Bostick, whose husband, Doug, is a former council member. "I got past my anger. ... I'm just resigned to hoping and praying we have enough people who can step up to the plate to fix this problem."

Ms. Bostick is among many residents who admit they didn't pay much attention to the details of running the city until recently. But many hold the elected officials to a higher standard.

"They should have been watching, should have been looking at the financials, but they didn't do it," Mr. Hallett said.

A small group of residents plans to meet Thursday with acting District Attorney Craig Stoddart, who said his office will listen but has not launched an investigation.

An FBI spokesman would neither confirm nor deny that an investigation is occurring. Mr. Mellody said the city is complying with an FBI request for records. City officials have said Ms. Philippi – who declined to comment for this story – mismanaged funds but did nothing criminal.

read more....

The Wylie News is reporting that City Councilman Merrill Young, resigned his teaching post at McMillan Jr. High after the TEA revoked his teaching certificate.

Young read the following statement at last week's Wylie City Council meeting:

According to the Wylie News, Young claimed to have graduated from Concordia College in 1972. The Wylie News reported that, "According to the Washington State attorney general, Young paid $100 to Concordia College and University for a bachelor of business administration degree in business."

Concordia College is a "diploma mill" offering degrees with no classwork or tests.

Young's name appeared in a list of diploma mill graduates published by the Spokane Spokesman-Review.

According to the Wylie News article, Young began teaching at WISD in 2003 with a probationary teaching certificate, He was certified as a P.E. teacher in 2004 and as a science teacher in 2005. While he has resigned his teaching position, Young remains employed by WISD as an instructional special education aide at Cooper Junior High School.

Texas law calls using a fraudulent degree to obtain a certificate fraud and classifies it as a class B misdemeanor.

Young is presently serving his 4th term on the Wylie City Council. He also serves on the board of the Wylie Economic Development Corporation.

According to the Wylie News, Young stated that he has no intention of stepping down from his council seat and that he is planning a run for a 5th term in 2009.

Several citizens are expected to speak at the next city council meeting to demand his resignation.

Bill

State law requires that the county budget and tax rate be set according to a strict calendar. In the process of approving the budget, the commissioners court was required to hold 2 public hearings allowing the taxpayers an opportunity to let their elected commissioners know their feelings on the issues.

For the last several years, Collin County has held the first public hearing in the commissioners closet (courtroom) during business hours, and the second in the evening in a larger room. This year was no different.

The first public hearing was last Tuesday at 9:00 AM at the courthouse 6th floor courtroom. As is increasingly common with this administration, the meeting was held at an unusual hour. No one showed up to testify.

Not one citizen, not one county employee testified at the public hearing.

Last night, at 7:00 PM, the second public hearing was held in a large room at the new Bloomfield Rd. courthouse. This time, there were several citizens, members of the Collin County Deputies Association, a couple of judges, and a large contingent from the DA's office in attendance. (Missing were many of the department heads.)

Several people (including this author) testified on the budget - many requesting specific changes.

Can it be any clearer?

If the court meets at the convenience of its taxpayers, the taxpayers show an interest. Why does this commissioners court continue to meet at odd hours of the business day? Are Judge Self and the commissioners afraid of hearing from the people? Or don't they care?

One of Judge Self's campaign promises was to make the commissioner court meetings more accessible. It's been more than two years since he made that commitment to the citizens. Now we all know what a politician's campaign promise means, but some had hoped for better. Self even reminded us of his promise when he wrote in his own blog on Sept. 11, 2006:

"You may remember that one item in my 5-Point Action Plan is to move Commissioners Court Open Sessions to a more accessible location so that more citizens can participate in our county government. That is a first step in creating a more open, accessible county government. I believe that there are three elements that must be addressed before a solution is reached:

• Location of Commissioners Court
• Timing of Commissioners Court (e.g. time of day)
• Electronic broadcast of Commissioners Court (e.g. TV, internet)"

Keith Self, Sept. 11, 2006

Of his three elements, Self, in the last 2 years, has only delivered one - the electronic broadcast. At the present rate, we'll have to wait 4 more years for him to keep his promise.

When will Self do what he said he would do? When will the commissioners court recognize that they work for the taxpayers.... that it is the taxpayer's meeting.

One hallmark of government that needs reform is that the elected representatives begin to see themselves as better than the common folk - the County Judge and County Commissioners are there to serve the people, not themselves. The mid-day meetings only serve to remind us all that this court believes its affairs are more important than the affairs of the Collin County families it was elected to serve.

Bill

Justin Nichols was the Teen Court Coordinator forced to resign by the commissioners court last June after the commissioners learned he was gay.

Nichols' severance package cost the taxpayers $26,500 plus several thousand dollars in forgiven tuition payments.

That $26,500 + was not the end of the tax money paid out due to the court's bigotry.

When Nichols was forced out, his salary was close to $35,500/yr. Two weeks ago, the commissioners authorized the hiring of Mr. Nichols replacement.

His replacement's starting salary is $40,500/yr. It appears the taxpayers will pay the new coordinator an additional $5,000/yr for what amounts to a "straight bonus".

The commissioners questioned why Shirlane Grant, the new coordinator was being paid above the usual starting salary - they were told it was because she had previous experience. Her appointment and salary were then approved unanimously.

We know now how Collin County employees can negotiate a better deal from the county.

Next year, county workers are scheduled to receive an average 3.5% raise. It would seem they could do better either by claiming to be gay and getting a nice separation package, or by demanding the $5,000 "straight bonus".

Bill

For almost all of its citizens, how Collin County is governed is a mystery.

The county, more than any other local government body, acts with little public awareness or participation.

Most would agree that citizen oversight is necessary to the proper functioning of a Democracy. For that reason our city councils and school district boards are made up of largely unpaid citizen public servants - they meet in the evening and in facilities designed to accommodate a reasonable number of citizen observers. Many cities have also enacted term limits to encourage new leadership.

No so with Collin County. Our elected leaders are professional politicians who fully expect and do serve for 20 or more years. The current commissioner's salary is well over $100,000/yr, and the County Judge makes over $130,000.

The commissioners generally meet during the business day, and they meet in a room that barely hold the staff and press. Usually there is seating for less than 10 or 12 visitors.

There has been a long running discussion on how to involve more of the citizenry into the process of county government. During the 2006 campaign, Judge Self ran in part on a promise to open the meetings to the public, at hours and in a room convenient for the public.

Self also promised that workshops would be held twice a month, thereby giving even more access to the public in the decision making process.

The court has not kept even one of these commitments.

In February, 2007 the first workshop was held, and for three months, the court sat in bi-monthly workshops. Sadly that schedule of 4 meetings a month created too many scheduling conflicts for our commissioners, and by May of 2007 twice a month workshops were a thing of the past.

In years past, the court has met at 9 AM on the 2nd and 4th Tuesday of every month. In October, 2007 the start time was changed from 9 AM to 1:30 PM. However, even that schedule causes too many conflicts for these "full-time" public servants.

The scheduling of the commissioners court meetings has become so confusing that even dedicated court watchers aren't sure when the next meeting will be held. Lately, it has become common that time is taken during the meeting break for commissioners to look at their calendars in order to come up with mutually convenient dates and times for the next month's court sessions.

Recently, I looked at the court calendar for all of 2007 and 2008 (through August). I did not find a single instance where the meeting schedule was consistent 2 months in a row. Not one.

No one I know can keep up with this bouncing ball schedule. It would seem that the commissioners make enough salary that they can darn well clear their calendars so that public meetings can be scheduled at regular times convenient to their constituents.

It's a matter of priorities. Their actions over the last 20 months show that the commissioners' personal calendars are more important than the public's business.

Oh yea, and the regularly scheduled meeting for this next Tuesday will meet at 9:00 AM instead of the usual 1:30 PM. It seems there is a big dinner and party in Austin Tuesday evening. Several members of the court, along with staff, will be attending at taxpayer expense. They're in a hurry to leave.

Bon voyage!

Commissioners Court Calendar January, 2007 - August, 2008.

cc=Commissioners court, ss=Special Session, ph=Public Hearing, bh=Budget Hearing

Bill

Perhaps you’ve seen the electronic signs recently flashing on Central Expressway with the message, “Level Orange Ozone Alert”.

The signs remind of the reality that our air here in Collin County is often unfit to breathe.

Somehow, we’ve become conditioned to the fact that the air around us is unhealthy and making many of us ill. Although our leaders have tried to minimize the condition of our environment and have sought easy solutions, there are no easy answers.

Because our air is so polluted, the federal government has declared the 9 county North Texas region as a “non-attainment zone”. Collin County is in the non-attainment zone, and is therefore subject to a mandate that it do nothing that will increase toxic emissions like auto exhaust.

It is obvious that if the region can lower the number of cars on the road, and how long those cars idle, emissions will be reduced. That is why TxDOT? built HOV lanes along Central Expressway.

Unfortunately, many don’t like those weird lanes with no exits. And many flaunt the restrictions because there appears to be no enforcement. A recent TxDOT? survey shows almost 12% of the cars on this HOV are there illegally and that only 1.9 people are in the average car traveling on the HOV!

Last week Mr. Koorosh Olyai from DART was invited to the commissioners court to discuss HOV strategies for the region. While the commissioners listened politely, it was obvious that they only wanted to discuss one issue – the Central Expressway HOV. The commissioners could not hide their scorn of these awkward lanes. Jerry Hoagland wants to “scrap HOV”, and Joe Jaynes vowed to fight any attempt to extend it northward to McKinney

There are many other HOV lanes in the region, and they do not seem to elicit the scorn that the Central HOV has engendered. I remember when the “zipper” HOV was built on I-30. Folks liked it, and it garnered a lot of positive press, not so with Central. In Sunday’s Dallas Morning News, columnist Ed Housewright wrote, “I can't recall a transportation "improvement" that's been met with such public disdain.”

There is indeed much to dislike about the Central HOV. It is hard to get on, impossible to get off. The rubber stanchions are frequently broken, inviting “lane jumpers”. There is nowhere to pull over in the event of an emergency, and there is no enforcement, so more than 10% of those in the lane are single occupant.

Lost in the general conversation was the reason Collin County got stuck with such a dysfunctional, goofy HOV. What happened? Did the engineers go brain dead?

Perhaps it was pressure from politicians and not poor engineering that is to blame. A look at the “High Five” interchange will help to get a sense of the evolution of the Central HOV.

The highest bridges on the “High Five” are one lane wide, reversible HOV lanes connecting Central with LBJ freeway. These bridges are designed to move southbound morning traffic and northbound afternoon traffic. The HOV lanes along Central were designed to also be reversible.

Much of N. Central is elevated – to widen it would be a huge undertaking and very expensive. However, there was room down the median for a nice, wide reversible "zipper" HOV with exits and enforcement “pods” for police surveillance. The original design for the lane was for this reversible "zipper" similar to I-30 in East Dallas.

But the county and local authorities protested. They wanted two separate lanes – one going north, and one going south. TxDOT caved to local pressure and Collin County designed the beast we have today.

I have to say, that I like driving in an HOV lane. I car pool almost every day form Wylie to Dallas. HOV lanes cut time off my drive.

The recent DART study on Central showed that the average rush hour speed on Central was 31 mph. In the HOV, it was 61 mph. Studies have also shown that the HOV lane has improved drive times for those in the main lanes. The statistics indicate the HOV is a win-win-win situation, where the number of cars on the road, the average drive times, and total vehicle emissions have all been reduced.

But while getting rid of the HOV is both impossible and undesirable, fixing it must be a priority. DART’s Mr. Olyai promises that there will be new exits and entrances in Richardson. They will help, but not solve the issues.

It cost the taxpayers $19 million to build the HOV lanes. Sadly, TxDOT ignored its own experts in succumbing to the local political pressure. Collin County then paid for the engineering for the present design. I can’t think of a better illustration of why politicians should not be designing roads. Perhaps it is time to rethink the engineering and regardless of the expense, ignore the political pressure and go back to the original “reversible lane” design.

Bill

A hearing was held Monday before visiting Judge Jerry Calhoun in the case of Collin County vs. Collin County Auditor. While the Auditor, Donald Cozad, won on most of his points, the judge left open the possibility of a trial on new motions to be filed by the county commissioners or by the auditor.

Here is the abridged tale:

May
The Collin County Commissioners Court filed a suit for "Declaratory Judgment" against their own auditor, Donald Cozad on May 22 to stop the auditor from obtaining an Attorney General's opinion on his efforts to gain "read only" access to the county's large software programs. (See County seeks declaratory judgment against auditor.

Cozad then filed a counter suit alleging that the commissioners actions were in violation of the Texas Open Meetings Act and that these commissioners had no legal right to stop him from consulting the State's Attorney. (see CCO, Auditor alleges county Open Meetings violations)

June
Then the real fun began! (at taxpayer expense, of course)
Cozad appeared before the commissioners on June 10 to ask that the court pay for his attorney. With smirks all around, the commissioners denied his request in a 4-0 vote.

July
On July 30, Peter Vogel, the attorney for the commissioners deposed Don Cozad. During the deposition, Cozad's attorney, Homer Reynolds, refused to allow the auditor to respond to most of Vogel's questions, calling them irrelevant and harassing. (ain't we having fun?)

August
Then on August 4, Dallas County, the Texas Conference Of Urban Counties and the County Judges and Commissioners Assoc of Texas filed amicus briefs in support of the county commissioners.

On the same day, the commissioners filed a 20 page response to the auditors claims. In their response the commissioners claim that Cozad wants to take over the county's IT department, because he, "seeks to vastly increase his influence and power in the Collin County Government". Whoa! Now we have the makings of a colossal turf war!

The commissioners claim that the access Cozad is seeking could cause the county "millions of dollars".(emphasis in court document).

(Interestingly, the commissioners make mention that the new Odyssey system that is being installed to run the court dockets and most court functions, has cost Collin County over $7 million. No mention was made of the total cost of PeopleSoft, but its a sure bet the cost for it is much, much higher.)

Monday, Judge Calhoun granted the auditor's motion for a summary judgment and temporary restraining order forbidding the county from interfering in his right to ask for an Attorney General's opinion. The retraining order will have no practical effect however since the AG refuses to issue an opinion when the same questions are being addressed in a lawsuit. Calhoun also refused to require the auditor to submit to more depositions.

At the same time, the court refused Cozad's request that he dismiss the county's suit, leaving the door open for either the county or the auditor to file new motions asking the court to rule on the real heart of the matter - "Does Cozad have the authority to audit computer systems, security and software?"

In other motions by the auditor, Calhoun refused to grant Cozad's request to quash the two amicus briefs and the affidavit of County IT Director, Caren Skipworth. All three of these documents were highly critical of Cozad's motives and intentions.

The judge did not rule who was to pay the auditor's legal bills. As of now, the county has refused to authorize any funds for Cozad's legal representation. Calhoun did mention that payment of the legal fees might have to be decided in a trial.

This case will go on for another month or two, and very likely much longer, and with it goes at least one more month's worth of legal fees and lost productivity... at your expense.

All this could have been avoided. For several years now, Cozad has been asking the court for permission to hire a "Certified Information Systems Auditor" to monitor and audit all the county's financial software. Had the court agreed, and brokered a workable compromise or arrangement between the IT department and the Auditor, then this lawsuit never need to have happened.

Instead, the commissioners court files suit portraying their own auditor as some evil, power-grasping demon.

We the taxpayers are paying hard tax dollars to pursue this ego driven turf war.

Bill

Notes:

County auditor won’t have to answer deposition questions - McKinney Courier-Gazette august 12, 2008

Officials meet today in court over county's suit against its auditor, Don Cozad - McKinney Courier-Gazette August 11, 2008

Auditor alleges county Open Meetings violations - CCO June 11, 2008

Auditor asks for an attorney - CCO June 9, 2008

Who authorized the suit against the Auditor? - CCO May 28, 2008

County seeks declaratory judgment against auditor - McKinney Courier Gazette May 23, 2008

I protest yet another secret meeting - CCO May 20, 2008

Who's watching the store? (And the disk drives?) - CCO April 26, 2008

A couple of months ago, the Collin County commissioners, faced with the probable loss of federal grants, debated and finally passed an EEOP (Equal Employment Opportunity Policy).

Terrified of federal oversight and regulation over county hiring practices almost caused the court to give up millions in federal grants. The commissioners only passed an EEOP plan after they became convinced that a policy could be enacted that was a hollow, toothless shell.

The EEOP policy adopted simply reports statistics on age, gender and race by job class. It requires no further action in recruiting or hiring. Nothing changed.

A look at the statistics shows a real need for change in hiring. The County Clerk, the District Clerk and the Tax Assessor's departments are predominately staffed by women. They are in a class called administrative/support, and they are among the lowest paid in county government. 92% of county employees listed as administrative/support are women.

Since the EEOP policy was passed, new hires in this group have all been women.

Look at technicians, a higher paid class. 74% of the county's technicians are male.

Sworn peace officers make a good wage here. In Collin County 175 peace officers are male and only 21 are female.

The highest paid jobs in the county are filled by the "Department heads". About 70% are male, and their average salaries are almost $25,000/yr higher than the women's.

Even men elected to public office in Collin County earn more than the elected women - on average, over $18,000 a year more.

Americans should be forever grateful that woman's suffrage didn't depend on a vote of the Collin County Commissioners Court.

Bill

Notes:

Prejudice and discrimination are still with us. - CCO May 8, 2008

Is county hiring biased? - CCO April 27, 2008

Collin County's EEOP plan, including statistics

Equal Opportunity? (or not) - CCO April 13, 2008

Self blames PeopleSoft for loss of grants - CCO April 16, 2008

Note: 2009 salaries are based on the budgeted 3.5% increase. Individuals may earn a "Pay for Performance" bonus that is larger or smaller than the budgeted across the board 3.5%.

McKinney City Council agrees to give $75k for Nationwide Tour golf championship

Wednesday, August 6, 2008
By ELIZABETH LANGTON / The Dallas Morning News

The McKinney City Council on Tuesday agreed to spend $75,000 to support the Nationwide Tour golf championship at TPC Craig Ranch golf course.

Developer David Craig had asked the city for $300,000 to promote the $1 million tournament in November and make improvements to the course. Mr. Craig’s representatives cited as benefits sales and hotel tax revenue, national media exposure and proceeds donated to local charities.

City staffers recommended the reduced amount based on cost for producing a commercial to air during live television coverage of the tournament as well as media exposure and the value of 100 VIP tickets designated for the city.

read more....

The Collin County Commissioners are deep into their annual budget hearings.

At Tuesday's hearing, Judge Keith Self led off my remarking that with revenue expected to grow at the slowest rate in at least 15 years, the county departments would have to dig deep to find cuts and efficiencies.

At one point during the hearing, the court spared with one of the Constables over his training budget. The budget gave the 12 man law enforcement department only $1,000 for education and conferences.

A few minutes later, the commissioners talked of rescheduling a public hearing so that "most of the court" and unnamed and unnumbered "staff" could attend a reception and dinner in Austin.

Not mentioned was the fact that to attend the reception, the Judge, Commissioners, and staff would need to spend an extra night in Austin - all at taxpayer expense.

The cost of this one night of parties would pay for all the county's JP and constable training needs for several years.

Way to go fellers! Once again, you have demonstrated to the voters that your conservatism ends at your own perquisites.

Taxpayers have been overpaying salaries and benefits to these commissioners for too many years now. Every year we get to hear sanctimonious lectures by elected commissioners on the need to save taxpayers money, then we get to watch these same commissioners pad their own pockets - at our expense.

When the day comes that we see our elected County Judge and Commissioners cut their pay and perks, then on that day I'll listen to their conservative rants.

Bill

Note:

The commissioners court is scheduled to discuss and vote on their own salaries at tomorrow's budget hearing.

The hearing begins at 9:00 A.M. at the Collin County Courthouse on McDonald Street in McKinney.

Commissioners comb through proposed 2008-2009 county budget

By Brandi Hart, McKinney Courier-Gazette
Tuesday, July 29, 2008

Collin County commissioners were busy combing over some sections of the proposed 2008-2009 budget in a meeting on Tuesday to cut any possible excess spending from the proposed budget that will be adopted in September.

The Commissioners Court heard from Sheriff Terry Box, Collin County Elections Administrator Sharon Rowe and other county officials at a budget meeting on Tuesday. The court voted four to one to include one additional detention officer and information clerk for the Collin County Sheriff’s Office.

All four commissioners voted to include the position of one additional detention officer for the CCSO at a base annual salary of $33,890 and to consider hiring a second additional officer on a contingency basis sometime in the upcoming fiscal year. Box initially asked the court to include two new detention officers in the upcoming budget. Collin County Judge Keith Self voted against the hiring of the additional detention officer.

Self also was the lone court member who voted against adding an information clerk to work in the CCSO for an annual base salary of $26,945. Commissioners Joe Jaynes, Jerry Hoagland, Phyllis Cole, and Kathy Ward voted in favor of adding the information clerk to the sheriff’s office budget.

Self said after the meeting that he voted against including the new positions in the sheriff’s office budget because the numbers from the CCSO didn’t seem justify adding the new personnel.

Box told the court that sheriff’s officers that two detention officers are needed because the detention officers are currently working with the worst jail population that the county has ever had, but that he would agree with whatever the court chose to approve. He added that there are at least 20 people currently in the Collin County Detention Center that are convicted of murder and have to be kept separate from the rest of the inmates.

The court began meeting on Monday to review the 2008-2009 budget and will continue to meet from 9 a.m. to about 3:30 to 4:30 p.m. from now until Friday at the commissioner’s courtroom on the sixth floor of the former Collin County Courthouse, 210 S. McDonald St., or State Highway 5 in McKinney.

read more....

The first ever Collin County elected Officials Salary Advisory Committee met on Monday evening in an hour long session.

The committee, formed of past grand jurors whose names were drawn at random, was created by the commissioners court in order to deflect some of the political heat the commissioners court has recieved in the last few years.

While no elected officials offered testimony to the panel, they did see a presentation by the county's Human Resource Manager, Cynthia Jacobson. After listening to Ms. Jacobson's presentation, the panel debated the 5 scenarios suggested by the county. (See "There they go again! It's time for commissioners to give themselves a raise", CCO, July 20, 2008)

After some discussion, the committee quickly disposed of the options of "no raise", "tying the salaries to District Judge pay", and the "Top 10 Counties".

Several on the committee expressed dissatisfaction with the choice of counties in the "Local county" option. Not being able to arrive at a consensus, they discarded the plan.

The members of the panel stated that they did not want to start a precedent of tying raises to an external indicator, such as "cost of living", so after discussing several percentages, they settled on 3.5% for all elected officials.

The Commissioners Court has the final say on all raises, including elected officials. The final decisions will be made in the budget meetings scheduled to begin next week.

Bill

City, Pegasus talk passenger service here

By Brandi Hart, McKinney Courier-Gazette
Monday, July 21, 2008

Passenger flights from Collin County Regional Airport may come to fruition sooner than people realize, as some city officials have been working with the Pegasus Associates, Inc. for the last 18 months to build a passenger terminal facility at the airport.

City officials and James Alderson, a Dallas attorney who worked as a property manager at D/FW International Airport 15 years ago, presented an unsolicited proposal to the city to build the passenger terminal. However, some council members are questioning the qualifications of Alderson and his partners at Dallas-based Pegasus Associates to actually building a passenger-service program from the ground up at a general aviation airport with no current passenger.

Alderson tried to develop a passenger terminal at the Piarco Rainbow International Airport in Trinidad in the early 1990s. However, the Airports Authority for Trinidad and Tobago did not accept Pegasus Associates’ proposal after members of the Trinidad Parliament questioned the bidding process.

Alderson's work at D/FW was as a property lender and business manager. He has also worked for AMR Services, he said. D/FW already had passenger service when Alderson worked at the airport.

When asked, Alderson said he and his partners have not created a passenger terminal and service from scratch.

Alderson said that he initially wanted to build a terminal at the CCRA after meeting a lawyer at the Abernathy, Roeder, Boyd, and Joplin law firm in McKinney, where his great-great-grandfather got his started. “I am related to the Abernathys in McKinney, and Larry Boyd told me that his law partner, Bob Roeder, was the most familiar person with the on-goings of the McKinney airport,” he said.

If approved by the city and the McKinney Airport Development Corporation, the CCRA passenger terminal would be built north of the airport. Pegasus Associates is proposing that the city own the land and the Pegasus would lease it during construction of the passenger terminal. Pegasus would convey the terminal to the city upon receipt of a certificate of occupancy, according to the most recent agreement between Pegasus Associates and the city.

The agreement also states that Pegasus wants complete control of the terminal; that the city could not bring in any competitors to manage the terminal; and that Pegasus could market the airport and terminal. The city could not control or direct Pegasus or its employees in operations and management of the terminal. Pegasus would have to provide periodic, but not monthly, marketing reports.

Pegasus is also proposing, according to the proposed agreement, that it not be responsible for any breach of security at the terminal, regardless of whether such breach is caused by an airline and those under its control. The city would be responsible for security, the agreement states.

The most recent agreement also states that Pegasus would keep all terminal revenue. The city would keep the revenue from the landing fees generated by passenger flights at the airport, and Pegasus would pay the city facility use fees.

read more....

------------------------------------------
Bill comments:

The more I read his story, the more I wondered why anyone in McKinney was talking to these guys. I'd like to follow up on this when I can get some more information.

Can you say "sweetheart deal"?

You'd think they'd get the hint. Every year for the last few budget seasons, the Collin County Commissioners have taken all sorts of heat from wrathful voters over their insatiable appetite for ever larger paychecks.

But every year, the commissioners court comes up with a new game designed to increase their slice of our tax dollars.

Prior to 2007, it was the custom of the commissioners to meet in secret (executive) session to discuss how big a raise they would give themselves. In both the 2007 budget hearing and for 2008, I had to write and threaten the court with Attorney General action until they canceled these executive sessions.

In 2006, the court, under pressure from public outcry, eliminated their re-election bonus (longevity pay) and then their automobile allowance. Or so it seemed. However in a confusing series of votes, the court ended up then increasing their pay 6%. They then publicly cut their auto allowance, while quietly re-inserting the allowance into their base pay - thereby giving themselves whopping 17% raise.

This year, the new shell game involved the creation of a citizens "Elected Official Salary Committee". The rules the court gave the committee is that they have to, in only one meeting, listen to all testimony (mostly from officials wanting raises), then vote their recommendation that same night, with no real deliberations.

The county has given this committee a 36 page "Information" book to help guide them. The information predictably stacks the deck in favor of even larger commissioners court raises. Let's look at the 5 "methods" the information book gives the committee to choose from:

Method 1: No raise
The current salary of $107,387 would be retained in 2009

Method 2: 3.8% Cost of living
Would set the 2009 salary at $111,486

Method 3: Calculating Salaries as a Percentage of State district Judge Salaries
The county's booklet states that the judges are paid $140,000. It recommends a factor of 90% for County Commissioners. This would give each commissioner a huge 17% raise to $126,000.

Method 4: Set salary at the average of top ten counties in Texas
Collin County is the 8th largest in the state. This proposal weights the average with 7 larger counties, including Dallas and Harris, with only 2 smaller. Even after computing the average with so large a weight to the big city salaries, the commissioners would have to take a $5,000 cut to equal the $102,185 large county average.

Method 5: Set salary at the average of local counties
In this method, the county uses the average of Dallas, Tarrant and Denton counties to compute an average that would give the commissioners a 3% increase.

Why choose Dallas, Tarrant and Denton? Probably because that average equates to a raise. Why not use the truly local counties of Dallas, Denton, Grayson and Hunt? Because that average would require a massive cut in commissioner pay of over $21,000.

(Note, I have proposed a comparison with the 4 counties larger than Collin and the 4 counties smaller. That average of $97,787 would require the commissioners to take a $9,600 pay cut.)

Lets look at a little history to put the salary question in perspective. In the 10 years from 1998-2008, Collin County Commissioners salaries more than doubled - from $56,932 to the current $107,387. Let's compare that to the Consumer Price Index for the same period:

Using cost of living alone, the current commissioners salary should be $62,139, instead of $107,389.

This means that during this 10 year period your county commissioners received about $15,000 in cost of living increases, while also giving themselves over $45,000 in merit increases.

Wow!

Bill

Note: The Elected Officials Salary Advisory Committee will meet at 6:00 PM on Monday, July 21 in the commissioners courtroom on the 6th floor of the Collin County Courthouse. 210 S. McDonald Street in McKinney.

The public may offer testimony or comments to the committee.

The Elected Official Salary Advisory Committee Information booklet is here.

Some of my previous posts on commissioners' salaries:

Jul 14, 2008 Elected Officials Salary Comparison

Apr. 29, 2008 Commissioners salary proposal on Tuesday's agenda (again)

Apr. 18, 2008 DMN - Bill Baumbach of Wylie: Commissioners deserve a pay cut

Apr. 13, 2008 Commissioners Salaries - yet another scheme

Aug. 9, 2007 Raise Season 2007

Aug. 4, 2007 Pay Hikes: Commissioners make enough money

Sept 6, 2006 Budget held hostage to Commissioners' raises

Sept. 5, 2006 Commissioners play shell game with their salaries.

Aug. 23, 2006 A slap to the face of every taxpayer in Collin County!

Before 2006, the Collin County Sheriff's Department had a problem. They were training new deputies, only to see them leave for better paying police jobs in Plano, McKinney, Frisco and Allen. Experienced deputies were leaving too - for promotions to better paying city police positions. Recruiting new deputies was not going well either; the top recruits were being grabbed by higher paying police departments.

Collin County was offering their officers a pay scale that was comparable to other local counties - in fact the county paid better than other counties in the region. That wasn't the problem.

The rapidly growing local, suburban city police departments were recruiting the best, most experienced officers they could find. The cities were willing to pay. Some made a very conscious decision that they would pay the highest scale in the region. Their strategy worked.

In some of the higher ranks, the county was paying a lower maximum salary than the cities' starting pay.

Many of those best and brightest lured away to the cities were Collin County Deputy Sheriffs.

Finally, in 2006, the Commissioners Court stopped the drain of our deputies. The court was persuaded to set a new comparison standard for law enforcement wages. The new standard compared Collin County wages with BOTH local city and county benchmarks.

The result was a substantial increase in deputy sheriff wages - averaging about 18%.

The strategy worked. Since 2006, the sheriff's department has enjoyed a remarkably low turnover (2.2% last year for sworn patrol officers) and most importantly, the county has lost zero deputies to local city police departments since the 2006 raise.

In the years prior to the 2006 increase, at least 10 deputies left to work in either Allen, Frisco, Plano or McKinney.

No longer are our best officers being forced to seek better pay - no longer are we the training ground for city police forces who "cherry pick" the top deputies.

Instead, Collin County is doing its own cherry picking. Many of our new deputies come from the CCCCD campus police. Why? We pay better, so we get the "pick of the litter".

Unfortunately, last year many experienced deputies received only a 1% increase, even though the Commissioners and elected officials got 5%.

2009 Deputy Sheriff Comparison (click to enlarge)

Now this year, Judge Self is signaling that he wants to revert to a comparison of wages only to local county sheriffs. This change will result in lower wages and will begin again the practice raiding of our deputies by higher paying city police.

Self is taking a short-sighted view. He only sees a very low turnover and high wages compared to other counties. He is not looking at the low turnover as an indicator that the salary policy is a unqualified success. He is apparently not seeing the potential loss of our best crime fighters as a problem.

No matter what size increase is finally approved, it is important that the precedent of using city/county benchmarks be preserved. Unlike some other positions, the county competes directly with the cities for certified peace officers. To loose sight of the reality of the job market will weaken, not strengthen the preservation of just law and order.

I understand and agree with the Judge's premise that all budget line items should be looked at hard for potential savings. However, budgets are balancing acts, and ultimately they are about choices.

The choice here is clear.

Do Collin County citizens deserve the best local law enforcement officers out there? Or do our taxpayers have to settle for whatever is left over after the city police have enticed away our outstanding performers?

Bill

NOTES:

The 2006 Sheriff's presentation on salaries is here

The 2009 County HR presentation on Law Enforcement salaries is here

Last week, I watched as Cynthia Jacobson, the county's Human Resources Manager showed a 45 page report on law enforcement salaries. Her report sliced and diced salary comparisons from adjacent counties, adjacent cities and counties, and from the top 10 largest counties.

No decision was made, but the county Judge made much ado over keeping pay in line with the local market.

No such detailed data has ever been released comparing Elected Officials salaries.

While I don't have anything like the resources Ms. Jacobson can bring to a presentation, here is the Observer's market analysis of our Collin Elected Officials Salaries. All data was taken from the Texas Association of Counties recent 2008 Salary Survey.

Population figures used are 2007, budget and salary numbers are fiscal year 2008

Conservative leaders recognize that taxpayers want value for their tax dollars. There is no real value to the taxpayers in overpaying elected government officials. None whatsoever.

--------------------------------------------------

Collin County is the 8th largest county in Texas. For the last 2 years, the Commissioners have tried to tie the elected salaries to the 5 largest counties, even though Collin County is much smaller.

In this analysis, I have used the four nearest size counties larger than Collin and the closest four smaller counties. This puts Collin county in the middle.

Nine Similar County Salary detail data

County Judge (click on graph to enlarge)

The current County Judge salary is $136,074. This is the highest pay rate in the 9 similar counties. As Judge Self said several times during the law enforcement salary discussion, "Wow!".

Last year, Keith Self declined any salary increase. He is pledged to do the same this year.

However, the average salary for this position in the 9 similar counties is $111,042.

Judge Self needs to take a pay cut of $25,032 to be paid at the average market rate for his position.

County Commissioner (click on graph to enlarge)

The Commissioners are paid a $107,387 salary.
The 9 similar county average is $97,787
To be paid average market rate, the commissioners need to take a pay cut of $9,600