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FTA gives Metro a second chance

That sound you hear is a bullet whizzing past Metro’s ear

Metro violated federal laws in making a deal with a Spanish company to purchase 103 rail cars, and must re-bid the purchase in order to qualify for a $900 million grant, the nation’s top transit official said today.

Peter Rogoff, the administrator of the Federal Transit Administration, delivered the news in a meeting with Mayor Annise Parker and top Metro officials.

The FTA’s letter to the Metropolitan Transit Authority called the procurement process “alarming and disturbing,” saying it violated both federal procurement laws and “Buy America” provisions intended to protect the national economy.

Metro began soliciting proposals for the rail cars several years ago, and starting the process from scratch would be time-consuming and costly.

The FTA’s letter said the federal agency wanted to work with Metro to continue construction during this process, but didn’t specify how.

You can find all of the documents related to this case here or here. Specifically, here’s the FTA press release, the report of the investigation, the letter from the FTA chief counsel, and the letter from FTA Administrator Peter Rogoff. For the most part, what you need to know is in that last letter. Basically, for all the bad things the FTA determined Metro did, they still believe that that the North and Southeast Corridor projects have merit, and that they are prepared to work with Metro to keep these projects moving forward if Metro cancels the contract with CAF and re-bids it according to Buy America rules. To say this could have been a hell of a lot worse for Metro is to understate. The FTA must have a lot of faith in George Greanias and his ability to not be Frank Wilson for them to have declined to cut Metro off at the knees. I think we can finally close that chapter and say that the New Metro is fully up and running.

UPDATE: Here’s Metro’s statement:

Today at a press conference hosted by Houston Mayor Annise Parker, METRO’s leaders commented on the findings of the Federal Transit Administration’s (FTA) “Buy America” investigation and review of plans to purchase 103 new light rail vehicles.

Mayor Parker first acknowledged Houston’s need for a first class transit system and expressed confidence that the FTA supports METRO’s rail-expansion program. “There is a path forward. It is steep and rocky, but we can do it,” Mayor Parker said.

METRO Chairman Gilbert Garcia echoed comments by Mayor Parker that the NEW METRO was committed to resolving issues left over from the previous administration, including the FTA investigation. “We knew there would be challenges and we are attacking them one at a time,” Garcia said. “We are changing the culture at METRO to rebuild trust.”

Acting President & CEO George Greanias said that today’s FTA findings provide several positive outcomes, while acknowledging the challenges ahead. “First, the FTA made clear that they support METRO’s rail expansion program. Also, they laid out a plan to make funds available to keep the program moving forward. And, they provided a roadmap for how to move forward, including a re-procurement of the rail car contract. It will be a steep climb but we can accomplish it,” Greanias said.

Congress Member Sheila Jackson Lee, who also attended today’s press conference, expressed strong support among Houston’s Congressional delegation to see that METRO ultimately receives the $150 million in the President’s FY 2011 proposed budget for rail expansion.

Greanias underscored that construction currently underway on three light-rail lines will continue – the North, Southeast and East End lines. He acknowledged previously that METRO has slowed some work activity on the North and Southeast lines while awaiting funding commitments from the FTA. He also said future construction slowdowns are possible in light of cash constraints. He said a new procurement to purchase rail cars was not directly linked to construction and that it could take up to 20 months to complete and have initial vehicles begin arriving for testing.

“We treat what the FTA says very seriously,” Greanias added. “The NEW METRO is committed to building a strong working relationship with the FTA and to build trust.”

Finally, Chairman Garcia thanked members of Houston’s Congressional delegation who attended a meeting this morning with the FTA, including Congress Members Sheila Jackson Lee, Al Green, Gene Green and John Culberson. Senator Kay Bailey Hutchison also sent a representative. “We are truly appreciative of all their hard work on our behalf,” Garcia said.

Posted in: Planes, Trains, and Automobiles.

Interview with State Rep. Ana Hernandez

Rep. Ana Hernandez

Next up is State Rep. Ana Hernandez, who has represented HD143 since winning a special election to succeed the late Rep. Joe Moreno in 2005. Rep. Hernandez has been a consistent voice for voting rights, cleaner air, and working class families. She was a legislative intern and staffer for several sessions before being elected herself. Here’s the interview:

Download the MP3 file

You can find a list of all interviews for this cycle on the 2010 Elections page.

Posted in: Election 2010.

Judicial Q&A: Keith Branch

(Note: I am running a series of Q&As for Democratic judicial candidates on the November ballot. I am running these responses in the order that I receive them from the candidates. These Q&As are primarily intended for candidates who were not in contested primaries. You can see those earlier Q&As, as well as all the ones in this series and all my recorded interviews for this cycle, on my 2010 Elections page.)

1. Who are you, and what are you running for?

My name is Keith Branch, I am a native Houstonian and I am the Democratic candidate for Judge of the 315th Juvenile District Court of Harris County.

2. What kind of cases does this court hear?

The 315th Juvenile District Court hears cases regarding Juvenile Delinquency, as well as Children Protective Services and other family matters.

3. Why are you running for this particular bench?

I am running for this bench because: (1) I have unique qualifications, experiences, and skills to offer the 315th Juvenile Court, Harris County Juvenile Board, and the Harris County Juvenile Probation Department and (2) I know I can play a positive role in reversing the deteriorating conditions of the Juvenile Court, Board, and Probation Department.

4. What are your qualifications for this job?

My experiences are in the areas of mental health, social work, counseling, juvenile and criminal justice, training, education and leadership. I am licensed as a practicing attorney by the State Bar of Texas and United States District Court for the Southern District of Texas. I have practiced law since May 1990. I am also certified by the Texas Juvenile Probation Commission as a Juvenile Probation Officer.

I have been employed by the Harris County Juvenile Probation Department for more than 27 years in various capacities from Child Care Worker to my current position as Assistant Deputy Director of Institutions.

I have a Bachelor’s degree in Sociology from Grambling State University and a Master’s Degree in Social Work with a specialization in Administration, Policy and Planning and a concentration in Community Mental Health from Atlanta University. I graduated from Texas Southern University’s Thurgood Marshall School of Law with a Doctorate of Jurisprudence.

I am currently an Adjunct Professor at the University of Houston-Downtown and Prairie View A & M University, and previously taught at Texas Southern University’s Thurgood Marshall School of Law. I’ve also served as a Resource Training Officer at Sam Houston State University’s Correctional Institute.

5. Why is this race important?

This race is important because of its current impact, as well as the future affects on the children, families, victims, and citizens of Harris County. It is also important because it is not a traditional judicial position. Unlike other Harris County Judges, duties of the Juvenile Court Judges are broader. First, there is the traditional role of dispensing justice which is extremely important. The myriad of important issues in Harris County Juvenile Courts that require special attention and consideration include dignity and respect of families and victims, court efficiency, appointment of attorneys to handle cases of indigent clients, and court access. I have specific plans to address each of these issues.

Secondly, a little known function of the Juvenile Court Judges is that they are members of the Harris County Juvenile Board. In Texas, the County Juvenile Board is a statutorily created entity that exists separate and apart from the county and commissioner’s courts. The Juvenile Board is responsible for establishing juvenile probation departments that provide juvenile probation services. The Juvenile Board is the policymaking board that presides over the Harris County Juvenile Probation Department. It is responsible for the oversight of the department’s budget, appointment of the Executive Director, and approval of the Deputy Director. The Juvenile Board also certifies the department’s pre-and post-adjudication facilities, as well as law enforcement’s juvenile processing offices.

In short, the Juvenile Court Judge not only sentences adjudicated offenders, but is also responsible for mandating and monitoring the treatment services provided to all youth referred to the Juvenile Probation Department. Therefore, a determination of the effectiveness of the department’s programs is made by the Juvenile Court Board and Judges. I will bring evidence-based practices (proven services) to the Harris County Juvenile Probation Department. I will also work to bring integrity to the department’s fiscal matters – fiscal mismanagement is under continuous scrutiny.

And a third role of Juvenile Court Judges is to appoint their Associate Judges. So, the importance of the work of a Juvenile Court Judge cannot be overstated. A judge’s duties, responsibilities, and decisions certainly have an impact on the juveniles who appear before the court, but his or her rulings also have a bearing on family members, victims, and society as a whole.

6. Why should people vote for you in November?

First, I am urging everyone to vote because it is a fundamental right of every eligible citizen and therefore should be important to all. Secondly, it is imperative that we elect a qualified leader who is not only familiar with the issues of the Juvenile Probation Department, Juvenile Board and Juvenile Court but knows how to correct them. Finally, I am asking the people of Harris County to vote for me because I have unique qualities, skills, and experiences which will bring value to the 315th Juvenile Court.

I am the only candidate in this race that has not only practiced juvenile law, but has also taught juvenile law in local universities, as well as trained judges, juvenile probation officers, law enforcement officers, educators, and counselors. I am certified by the Texas Juvenile Probation Commission and have been employed by the Harris County Juvenile Probation Department for over 27 years in various capacities. I currently serve as the Assistant Deputy Director of Institutions (formerly the Assistant Deputy Director of Post Adjudicated Facilities). During my 27 years as a public servant and my tenure in the department, I have testified on numerous occasions on behalf of the department before the state legislature, Texas Juvenile Probation Commission, and a host of other organizations. My ability to be an exceptional Judge is evident by my work and my love for and commitment to this great County.

I have a complete understanding of juvenile law and the juvenile justice system. Additionally, I am extraordinarily knowledgeable about the Harris County Juvenile Probation Department. As Juvenile Court Judge, I expect to accomplish a number of things which include:

To return dignity and respect to the juvenile court;
To introduce “restorative justice” to empower parents, transform kids, and restore our communities;
To make the court more accessible to families and victims during non-traditional hours;
To encourage the department adopt evidence-based practices;
To empower attorneys to aggressively defend their cases to the full extent of the law;
To reduce the number of docket resets which are costly to taxpayers;
To re-establish responsible fiduciary practices to the Juvenile Probation Department;
To protect children from abuse and neglect;
To restore fiscally sound program evaluation practices; and
To render thoughtful judgments that are first and foremost in the best interest of public safety for all people of Harris County.

Posted in: Election 2010.

Retama Park

Here’s another story about another horse racing track – Retama Park, which is northeast of San Antonio in Selma – hoping to hit the jackpot (as it were) with slot machines. The bit that interests me is this:

If slots pass, [Retama CEO Byron] Brown envisions a massive transformation at Retama with an investment of more than $200 million in new facilities, gaming terminals and other amenities.

Still, that isn’t likely to happen until late 2012 at the earliest if slots are approved. Approval requires a vote of two-thirds of the Legislature, with voters getting the final say.

It’s not clear what would happen to Retama if slots don’t pass. Gary Baber, board chairman of track owner Retama Development Corp., a municipal subdivision of Selma, fears it could become home to a flea market or motor racetrack.

Built in the early 1990s for a reported $80 million, Retama Park had trouble right out of the starting gate. It missed financial projections its first year and landed in bankruptcy a year later in 1996.

Joe Straus Jr., who is the father of Joe Straus, the speaker of the Texas House, is part of the group that got Retama built. Straus blamed the arrival of the state lottery, the rise of Internet gaming and the spread of eight-liner slotlike machines for hampering the track.

While Retama Development emerged from bankruptcy, it didn’t shed its financial problems. Since its reorganization, it has ended every year in the red. In each of the past 13 years, auditors have cited Retama Development’s recurring losses and growing liabilities for raising “substantial doubt about Retama’s ability to continue as a going concern.”

“It’s kind of a minor miracle, in my opinion, that we have kept (Retama) alive as long as we have,” Baber said.

I had thought that maybe the racetracks might have a bit of an edge in the forthcoming gambling expansion fight on the grounds that they could install slot machines and start generating revenue for the state a lot faster than casinos, which would have to be built from scratch. But if Retama is typical, then that isn’t necessarily the case. Point being, and I want to commend Sen. Rodney Ellis for being clear about this when I interviewed him, whatever the potential long-term revenue from expanded gambling may be, there will be almost no effect on the next budget.

I got a good chuckle out of Straus’ daddy’s excuses for Retama’s lack of profitability. I mean, the Lottery was created in 1991, five years before Retama was built. I suppose it could have had an effect on their bottom line, but it’s not as if they never saw it coming. Really, they should have seen the threat from online gambling back in 1996, too, but that’s a more understandable oversight. I have to ask, though – if online gambling is keeping people away from the tracks now, how much would the addition of slot machines really change that?

Retama is an example of an industry, once touted as a financial savior for Texas, now in deep distress. Yet here it is, touting the addition of slot machines to their businesses as an savior for Texas, and by the way for themselves. You do have to admire the tenacity, I’ll say that much.

Posted in: Budget ballyhoo.

Donating unused school food

If you spend any time in a public school cafeteria, you will see a lot of food getting thrown out. Much of it is stuff that has to be thrown out, of course, such as all cooked food. But that leaves quite a bit, things like untouched fresh fruit and individually-wrapped items like crackers. One might wonder, why can’t the school donate that food to charity? Especially in tough economic times like this, that sure seems like the right thing to do. If you ask your school district, however, you will be told it’s not possible for a variety of reasons. Bettina Siegel decided to do some digging into those reasons, and it turns out that maybe the school districts have it wrong. Go see what she has to say, and if you agree with her conclusions, consider contacting your local school board trustee and telling them you’d like to see an unused food donation policy adopted.

Posted in: Food, glorious food.

Texas Watch poll: Perry by 1

We have some new polling data to play with.

A statewide public opinion survey conducted by Republican polling firm Hill Research Consultants on behalf of the Texas Watch Foundation reveals an electorate divided between incumbent Republican Governor Rick Perry (42%) and Democratic challenger Bill White (41%), with a significant bloc of voters (14%) still uncommitted to either candidate. Additionally, across partisan, ideological and geographic lines, broad support is expressed for homeowners’ insurance reform proposals.

You can see full crosstabs here. The main point I’d highlight is the partisan breakdown on page 8. White is doing better among Democrats (79-11) than Perry is among Republicans (74-15), and while he trails slightly among independents (37-33) there are a lot of undecideds there. If he can convert the bulk of these undecideds to his side, that’s his path to victory. I believe Perry has a fair amount of soft support, which becomes evident in polls like this that have a greater proportion of undecided voters. The difference between this poll, or a poll like the earlier PPP result that showed a dead heat, and the Rasmussen results we usually see is almost entirely the level of support that Perry gets. I think there’s a significant chunk of the electorate that’s willing to fire Perry but isn’t sold on White, and until that sale gets closed will most likely stick with the devil they know.

As for how to make that sale, that’s what the rest of the poll was about, testing opinions on the insurance reforms that White proposed recently. The bottom line is that they poll well across all groups, and supporting these ideas would be in either candidates’ best interests, both with their own bases and with the undecideds. While it’s true if you accept this poll that Perry would do well to embrace the reforms that Texas Watch advocates, there are two good reasons why he won’t. One is because White was there first, and there’s no way Perry does anything that makes him look like he’s following White’s lead. And two, not to put too fine a point on it but Perry doesn’t agree with the proposed reforms. Far as he’s concerned, whatever the problem is, it’s a job for the Free Market Fairy, and any government regulation would just constitute interference with that. As such, I consider this to be an opening for White to woo some of those undecideds. He’ll have the issue to himself if he pursues it.

Finally, according to the Chron, there was another poll out there as well:

The other poll, commissioned by Democratic philanthropist Bernard Rappaport, had Perry leading 44.4 percent to White’s 40.6 percent, a slight lead for the governor.

[...]

The Rappaport survey of 803 likely voters was conducted Aug. 24-28 by Zogby International and had a margin of error of plus or minus 3.5 percentage points.

The Zogby survey also asked voters whether Perry deserves to be re-elected or is it time for somebody new. Fifty-one percent said it is time for someone new, including 77 percent of the Democrats and half of the independents.

Again, the main difference between this and the Rasmussen polls is what Perry gets. With PPP coming to town soon, we’ll see if that trend continues.

Posted in: Election 2010.

Interview with State Rep. Carol Alvarado

Rep. Carol Alvarado

I’m wrapping up the legislative interviews this week. First up is State Rep. Carol Alvarado, who is serving her first term representing HD145. Rep. Alvarado had previously served three terms on Houston City Council, where she was the author of the updated smoking ordinance from 2007. She continued that work in the Lege, where she was the joint author of a statewide anti-smoking bill. That fight will continue in the 2011 Lege, and it was one of the things we discussed:

Download the MP3 file

You can find a list of all interviews for this cycle on the 2010 Elections page.

Posted in: Election 2010.

Judicial Q&A: Christina Bryan

(Note: I am running a series of Q&As for Democratic judicial candidates on the November ballot. I am running these responses in the order that I receive them from the candidates. These Q&As are primarily intended for candidates who were not in contested primaries. You can see those earlier Q&As, as well as all the ones in this series and all my recorded interviews for this cycle, on my 2010 Elections page.)

1. Who are you, and what are you running for?

My name is Christina Bryan and I am running for Judge of the 113th Civil District Court. I have been married for 16 years, am a mother of three, and a member of St. Paul’s United Methodist Church. I am active in the community and have served on the boards of The Children’s Fund, Inprint, Inc. and Planned Parenthood of Houston and Southeast Texas. I donate my time to organizations like the Houston Food Bank, SEARCH, The Center, Texas Children’s Hospital, the Memorial Hermann Institutional Ethics Committee and the Heart of Texas Chapter of the National Charity League.

2. What kind of cases does this court hear?

The 113th is a civil court and hears only civil cases. It is one of twenty five Harris County Civil District Courts which have concurrent jurisdiction with county courts at law over cases with an amount in controversy of up to $100,000 and exclusive jurisdiction of civil cases with an amount in controversy over $100,000. The types of cases heard in the civil district courts range from simple to complex and involve many different areas of the law. Some examples of the types of cases heard in civil district courts include contract disputes, employment discrimination, fraud, breach of duty and negligence cases.

3. Why are you running for this particular bench?

I am running for this bench because it provides the best opportunity for me to serve the people of Harris County. I have spent my legal career working on the types of cases that are heard in the Harris County Civil District courts. This particular bench is an open seat which means the incumbent judge is not running for re-election.

4. What are your qualifications for this job?

I graduated from the University of Texas with highest honors and from Harvard Law School with honors. I served as a law clerk to the Honorable Homer Thornberry on the Fifth Circuit Court of Appeals. I have been practicing law in Houston since 1992 and am a currently a partner in the law firm of Smyser Kaplan & Veselka, LLP. I have trial and appellate experience and have represented individuals, small businesses and large companies. I have represented both plaintiffs and defendants in cases ranging from simple to complex and covering various legal issues. My experience involves a broad range of legal issues and prepares me well to be the Judge of the 113th Civil District Court .

5. Why is this race important?

The race for Judge of the 113th and for all courts is important because judges are the most visible part of our judicial system and must inspire the public’s trust. The judicial branch of government is only as good as the people elected to serve. The judges in the civil courts affect the quality of justice in Harris County and the conduct of Harris County judges reflects on everyone. The citizens of Harris County need and deserve judges of the highest moral character and who are committed to applying the law fairly and
upholding the integrity of the judicial office.

6. Why should people vote for you in November?

People should vote for me in November because I have the credentials, character and commitment Harris County needs in a judge. I have demonstrated my commitment to the community, to the legal profession, and to my family. I will bring to the bench the same ethical, professional and personal standards that have guided my entire life. I am committed to being a fair and efficient judge, a good steward of taxpayer resources, and to promoting and protecting the honor and integrity of the judicial office.

Please visit www.bryanforjudge.com for more information and a complete list of supporters and endorsements.

Posted in: Election 2010.

TDP sues Tax Assessor again over voter registrations

This happened late last week while I was still affected by my site outage.

For the second time in as many years, the Texas Democratic Party has filed a lawsuit against the Harris County tax assessor-collector, accusing the Republican-led voter registration office with illegally rejecting voter applications and with sharing information with political allies that it did not share with Democrats last year.

[...]

The Democratic Party made similar accusations about what it said were improperly rejected voter applications in a lawsuit filed just after the 2008 elections against then-Tax Assessor-Collector Paul Bettencourt. Bettencourt denied any wrongdoing, but the county and Vasquez settled the suit with the Democrats last year.

The Democrats charge that Vasquez has violated the settlement agreement.

Here’s the lawsuit. As you can see, it’s entirely focused on Vasquez’s behavior and the terms of the settlement that Vasquez himself agreed to, which you can see here.

There are two points that need to be addressed. One has to do with who gets to see information from the Tax Assessor’s office:

The suit also alleges that Vasquez shared voter information with a citizens anti-voter fraud group called True the Vote, an offshoot of a local tea party group, that his office would not share with the Democrats last year.

“It’s apparent that voter registration in Harris County is being run for partisan gain,” said Chad Dunn, general counsel for the state Democratic Party.

Vasquez countered that True the Vote acquired information through an open records request — and paid for it — just as any other individual or group could. The group examined voter records at addresses where six or more people are registered to vote and found instances where there is no dwelling on the property. Last year, the Democrats asked for copies of 70,000 voter registration applications that were rejected or deemed incomplete. The records would have required redactions to protect personal information, and at the time the county put a price tag of $1.5 million on the information. The Democrats did not obtain the information.

In other words, Vasquez wanted to charge the Democrats more than $200 per record. Putting aside for the moment whether or not that’s a reasonable price, the story does not say how many records True the Vote requested, how much they were charged for them, or where they might have gotten the money for it if the price tag was at all comparable to the one shown to the TDP. Seems to me that’s a pretty objective thing to measure, and might settle the question about equivalent access in short order.

The other point has to do with the character of True the Vote, since they’re presenting themselves as some kind of defenders of truth, justice, and the American way. To that end, I direct you to Glenn Smith, who shows that one other thing True the Vote stands for is creating fake images to further their goals. Note to Leo Vasquez: You should be more careful about who you get into bed with.

Posted in: Election 2010.

Perry asks for federal education funds

About time.

Gov. Rick Perry on Friday submitted the state’s application for the money, which is intended to help school districts save teacher jobs now.

But Texas faced a bigger hurdle than other states because of an amendment authored by U.S. Rep. Lloyd Doggett, D-Austin, that required Texas to assure that state education spending for the next three years would remain on par with current spending.

In an effort to comply with that Texas-specific amendment, Perry committed to “prioritiz(ing) public education funding” in the next budget, though he did not offer the more binding assurances about education spending that Doggett had wanted.

Perry maintains that he cannot provide that assurance without violating the state constitution because the governor can neither appropriate money nor bind a future Legislature to spending money.

Perry’s commitment will probably not be enough to meet the requirements of the amendment right now. Even so, the money could still be available for Texas in 2011 when the Legislature convenes to write the next two-year budget, according to Education Commissioner Robert Scott.

“The Department assured me and the Office of the Governor, both in our meeting in Washington, D.C., and in a follow-up conference call, that the Department has all necessary authority to and will…reserve the $830 million for Texas until the 2012-13 budget becomes law and Texas is awarded the $830 million,” Scott wrote the Education Department.

So all that huffing and puffing was mostly bluffing – you will note, no lawsuits have been filed. Sending that letter to the feds didn’t stop Perry from sending a letter to school superintendents asking them to write the Obama administration to criticize the Doggett amendment, but that plea seems to have fallen on deaf ears. The best outcome remains the case where the Lege promises to use this money on education and then does so. Here’s hoping for that.

Posted in: Budget ballyhoo.

Chron opines for red light cameras

No surprise here, and nothing new in the way of arguments. I’m sure there are plenty of people who haven’t formulated an opinion about red light cameras whose vote is up for grabs, but I don’t see a whole lot of minds being changed.

No word in the Chron yet about the lawsuit that was filed Friday to stop the red light camera referendum. A similar lawsuit, with very similar arguments, was filed in Baytown as well, with the difference being that the camera vendor is the plaintiff there. As with the Chron editorial, I’m just noting it for the record. We’ll see what happens.

Posted in: Planes, Trains, and Automobiles.

When do you get a cell phone for your kid?

From the Department Of Things We’ll Be Dealing With Sooner Than We Think, Whether We’re Ready For Them Or Not, the “when should we get our kids a cellphone?” question.

S. Craig Watkins, author of The Young and the Digital (Beacon Press, $26.95), says deciding to get a child a mobile phone is family specific. However he has noticed that in the past five years the question has evolved from “Should I get my child a cell phone?” to “When should I get my child a cell phone?”

In 2009, 20 percent of children ages 6-11 owned cell phones, up from 11.9 percent in 2005, according to an American Kids Study by Mediamark Research & Intelligence. The MRI breakdown of cell phone ownership by ages shows: ages 6-7, 6.5 percent in 2009, an increase from 4.9 percent in 2005; ages 8-9, 17.7 percent in 2009, 10.6 percent in 2005; and ages 10-11, 36.1 percent in 2009 and 20 percent in 2005.

Within a relatively short period, our norms for kids and technology, and kids and cell phones in particular, have shifted, said Watkins, a University of Texas at Austin professor of radio, television and film.

“Kids are requesting cell phones at a younger age, so it really challenges parents, teachers and others to grapple with a whole series of situations as a result,” said Watkins.

Olivia has not brought the subject up herself, which I strongly suspect means that none of her friends have cellphones yet. I figure we have a year, maybe two, before that changes. I suppose for me the main point will be whether or not we think Olivia will be able to keep track of it – like her daddy, she can be absent-minded at times, and at least last year would often forget to bring things home from school. That hasn’t been an issue so far this year, however, so perhaps it’s not so much of a concern any more. We’ll see how much longer it is before she asks. What’s your household’s policy on the matter?

Posted in: Society and cultcha.

Creationists concede

A small bit of good news for Texas education.

Henry Morris III, the CEO of the Institute for Creation Research, has announced the end of the school’s fight with the Texas Higher Education Coordinating Board.

In 2008, after the board denied the institute’s request for authority to offer a master’s degree in science education, the Dallas-based Christian institution filed a lawsuit. In June, a U.S. District Court ruled against the institute, upholding the board right to refuse the certification.

U.S. District Judge Sam Sparks, assigned to hear the case, complained that he had requested a “a short and plain statement of the relief requested,” but that the plaintiff was “entirely unable to file a complaint which is not overly verbose, disjointed, incoherent, maundering, and full of irrelevant information.”

At the time of the decision, an institute spokesman issued a statement saying, “The attorneys and leadership of ICR associated with this case are currently reviewing Judge Sparks’ ruling and we are weighing our options regarding future action in this matter.”

You should go back and read about the original case, and Judge Sparks’ ruling in it, since it covers some interesting ground. There’s more from the NCSE about the original ruling and the concession as well. The bottom line is that the ICR can teach whatever it wants, but the state of Texas doesn’t have to officially recognize it.

Posted in: Technology, science, and math.

Weekend link dump for September 5

Whistle while you work…

The party of know-nothings.

Movements are about something real.

Where are the women in technology?

Every time I see another stupid Charles Krauthammer or Jonah Goldberg column, I think how much better a place the world would be if they were obscure bloggers and The Slacktivist was nationally syndicated.

Customer service has been dead for years.

The Mayor meets The Fonz. Aaaaaaaaaay!

sigh Why does it always have to be Staten Island?

From the “Things really are tough all over” department.

Fox News, in a nutshell.

Meet the man behind Media Matters.

Seriously, what is it with the obsession with DDT? Do people pine for the days of cyclamate, too?

Why having a conversation about health care reform can be so hard to do.

Make free throws now! Ask Ted St. Martin how.

Sometimes it pays to do what the bad guys do.

Why not fund infrastructure projects with the revenues from the expiring Bush tax cuts?

I really, really don’t know why anyone would take Randal O’Toole seriously. He’s a clown and a hack.

Ping!

Yeah, this is just wrong.

We don’t need no stinkin’ specifics.

Posted in: Blog stuff.

Paper ballots: Views differ

One reason why Harris County will make paper ballots available to anyone who wants them this year is because Beverly Kaufman is afraid we won’t get enough replacement voting machines in time for the election.

In a letter to county elections officials across the state, Kaufman writes that Harris County is in “desperate need of election equipment. Despite a commitment from Hart InterCivic to manufacture and provide eSlate equipment to conduct the upcoming election, there is not sufficient time to produce enough equipment to meet the needs of Harris County.”

[...]

The urgent tone of Kaufman’s request for loaner machines from other counties contrasts with her calm assurances to the public. Even as the fire still burned, she asserted that voting will remain as convenient as ever.

The language of the letter to elections officials across the state is meant to communicate a serious situation, not a hopeless one, Kaufman said. “We needed to impress upon people that we need their help,” she said.

You can read the letter here. The situation is “desperate” because there’s no time to delay. If you can’t help us now, you can’t help us, and we really need your help. What fascinated me about this story was the completely divergent views about paper ballots expressed by the local party chairs:

Harris County Republican Party Chairman Jared Woodfill said he understands that Kaufman is operating under challenging conditions, but that the party prefers to use electronic voting as much as possible.

“It prevents fraud at the ballot box,” Woodfill said. “If you revert back to paper, you have a lot of the issues involving voter fraud.”

A hybrid system also would necessitate the re-training of election judges and poll watchers, he said.

The county’s Democratic Party actually recommended a hybrid election day voting system, said Chairman Gerry Birnberg.

Paper ballots are less vulnerable to fraud, Birnberg said.

“In a paper ballot situation, you can always go back and manually recount,” Birnberg said. “How do recount an electronic voting machine?”

I actually agree with Woodfill about the greater potential for fraud with paper ballots. It’s what we see today, as the vast majority of voter fraud investigations, including all of the ones that AG Greg Abbott prosecuted in his million-dollar effort to combat the “epidemic” of voter fraud he believed was happening, involved paper absentee ballots. The irony of all this, of course, is that none of this genuine fraud would have been affected in any way by the voter ID legislation that Woodfill and Abbott and so many other Republicans desperately want to pass, since fraud by voter impersonation is basically unheard of. Woodfill’s concern about the potential for fraud with paper ballots is reasonable, but he and his partymates have never shown any interest in doing something about it, as they prefer instead to try to solve a “problem” that doesn’t exist.

As for Birnberg, the point he’s making is that however many times you count an eSlate machine’s memory stick, you’ll always get the same answer regardless of whether or not the stick is faulty or fraudulent. This is true, but it’s also true that ballots that have been filled out manually may be counted or not depending on an election official’s interpretation of the voter’s intent. The example of certain counties in Florida in 2000, where ballots that had the Democratic box checked for President and the name “Al Gore” written in for the write-in slot were discarded because the voter had selected more than one candidate, will always serve as Exhibit A for this. Even without room for interpretation, if you have a million paper ballots to count by hand, I can just about guarantee you’ll get a different result the second and third and fourth times you count them. Having paper ballots that have been printed by a voting machine, which thus eliminates the “not filled out correctly” problem, and which can serve as a sanity check and an emergency backup in the event there are ever doubts about the integrity of a memory stick, is clearly the best situation, and it’s one I hope the next County Clerk will work towards as we start the process of buying permanent replacements for the lost eSlates.

I myself don’t believe that paper ballots in the context of in-person voting are more or less likely to be susceptible to fraud than voting machine ballots are. The basic procedure for securing them, which largely boils down to “Never let any ballot be in the sole unsupervised possession of a single person”, is the same either way. As long as we can ensure that, I’ll be as confident as I can be about the integrity of the process.

Posted in: Election 2010.

Bell scores $2 million verdict against RGA

Chris Bell racks up his second legal victory related to a lawsuit stemming from the 2006 Governor’s race.

A state district judge Tuesday ruled that the Republican Governors Association violated state campaign finance laws and ordered it to pay Chris Bell, the 2006 Democratic candidate for governor, $2 million.

Judge John Dietz’s order, following a May trial, found that the GOP group failed to disclose two $500,000 donations made to Gov. Rick Perry’s campaign in the final days of the 2006 campaign.

The $2 million judgment comes after it was disclosed this summer that the Perry campaign had paid Bell $426,000 to settle similar claims against him.

Bell can’t comment about the Perry settlement because of a confidential agreement, but he was free to react to Tuesday’s decision.

“People should be glad that there are repercussions when people try to hide the source of campaign donations,” Bell said. “If the judge had ruled for them, most of our election laws would have gone out the window.”

Bell had previously settled with the Perry campaign for $426K. The Chron has more, including the final judgment and findings of fact, which seem pretty clear. The RGA will appeal anyway, so this story isn’t over quite yet.

Posted in: Election 2006.

Dropout factories

Lots of people have recommended this Washington Monthly story about colleges with extremely low graduation rates, and now I’m recommending it to you. I’d never given this any thought before, but having read the story, it’s quite clear to me that this is a serious problem, and it’s going to require some thought to figure out the best way to deal with it. Just getting the information out there is a good start, and I hope high school guidance counselors across the country are reading this and steering their kids away from these schools. The “bottom 50″ list is here, and unfortunately Texas schools predominate, as eight of them make an appearance:

Jarvis Christian College
Texas College
Texas Southern University
University of Houston, Downtown
Paul Quinn College
Huston-Tillotson University
University of Texas at Brownsville
Sul Ross State University

JCC is in Hawkins, which is north of Tyler, where Texas College is located. Paul Quinn is in Dallas, Huston-Tillotson is in Austin, and Sul Ross is in Alpine. No other state had more than four schools on this dubious list – we’re number one! – so hopefully this will spur some action. Check it out, and see what you think.

Posted in: School days.

Saturday video break: Let’s talk about sex, baby

As this is the Labor Day weekend, it is also the traditional start to the high campaign season. Sadly, you will not see the following political ad on your teevee this year, or any other year:

Of course, we’ve already got “Jerk Choices” on our ballots now, but I suppose that’s not quite what they’re talking about. Thanks (I think) to Harold Cook for finding this.

Posted in: Show Business for Ugly People.

Another Wal-Mart meeting

There was another meeting about the proposed Wal-Mart on Wednesday, this time for residents only.

[I]n the second public meeting in eight days addressing concerns over the Walmart-Ainbinder Company development, the city’s proposed 380 Agreement with the developers took center stage.

The 380 Agreement is a statewide compensation program, which would reimburse the developer building the Walmart (Ainbinder) up to $6 million through city tax money for infrastructure such as widening roads and increasing drainage.

“I’m not going to defend it,” Parker said to a troubled crowd. “I don’t shop at Walmart.”

During the Q&A portion of the meeting residents kept harping on traffic. One Heights resident asked why City Council would even consider talking about the project before all of the research on traffic is done.

Jeff Weatherford, deputy director of public works at the City of Houston, said, “If we’re wrong, we’re wrong. We’ll go back and make some adjustments.”

Hair Balls adds an interesting angle.

[Deputy Director of Public Works Andy] Icken stressed that the agreement is with developer Ainbinder and has nothing to do with Walmart. The money that is reimbursed comes from property taxes generated after the development, whether or not Walmart is a tenant, is up and running for one year.

The reimbursement money would be paid out during a ten-year period.

The idea of using 380 agreements is fairly new and rarely implemented in Houston, and this Ainbinder project would be only the fifth to use one. The future HEB development at West Alabama and Dunlavy, for example, will not be built with a 380.

Icken said, however, that he would like to strike a separate deal specially for Walmart that would regulate things like which roads delivery trucks can use to enter and exit the property. Those details, of course, will have to be finalized in future contracts.

“I think it’s appropriate to have that agreement with Walmart,” Icken said. “Citizens here have made some good points.”

I like the sound of that. If you believe, as some do, that this is going to happen no matter what, then getting the best deal possible has to be the goal. I know some people don’t like to hear that, and I don’t blame them, but it surely can’t hurt to have an endgame strategy in mind. Be that as it may, the Chron has the counter argument to that:

They stand with Mayor Parker

Dropping the 380 agreement will not make Wal-Mart go away, she said; it would result in the Wal-Mart being built without community input and with fewer amenities around the site.

The negotiations, Parker said, have been used to secure improvements in the area in anticipation of new exit ramps off Interstate 10 onto Yale Street, as well as to address lighting in the Wal-Mart parking lot and traffic on Koehler Street, among other items.

“Those are the kinds of discussions that would be extremely helpful,” she said. “That’s why we’re here. You’re telling me, ‘We want Wal-Mart to go away.’ Tell me what to ask for.”

That argument didn’t persuade some residents, among them Nick Urbano of Responsible Urban Development for Houston, a nonprofit formed by residents opposed to the project.

“They’re bluffing,” Urbano said, referring to Ainbinder. “(The designs) they’ve thrown out there they’re going to build anyway, so why are we giving them money for it?”

Parker disagreed with that assessment.

“They’re not going to redo the bridge over White Oak Bayou. They’re not going to do the enhancements on Heights Boulevard,” she said. “Those are not part of the development. They have no requirement to do that. Why would they?”

I respect the “hell no” forces. I don’t think they’re going to prevail, however. I wonder what will happen when some of them start to conclude that.

Hair Balls also noted and made some fun of this study, done by Austin-based Civic Economics and commissioned by Responsible Urban Development for Houston, which disputes all of the justifications for giving incentives such as a 380 agreement for this development. I thought it was fascinating. One bit that stood out to me:

While a more complete market study would be necessary to making absolute statements in this regard, we cannot conclude that the Supercenter proposal would increase retail sales and sales tax revenues in Houston by any significant amount.

Wal-Mart projects $870,000 in sales taxes to be collected at the store, but it makes no attempt to quantify how much, if any, of that revenue would be new to the city rather than diverted from the abundance of competitors in the area. The same can be said of the 300 jobs projected. If sales are simply diverted from other stores in the market, a comparable number of jobs will be lost elsewhere. In fact, if those losses are incurred by locally-owned merchants, the net change in jobs in the city will likely be negative.

We therefore believe any development incentives provided would represent lost revenues, money the city would otherwise receive with or without this project.

This sounds an awful lot like what Andrew Zimbalist says about public financing for sports stadia – that they don’t really generate new economic activity, they just relocate it. I presume there are some conditions under which there is a net gain – the study suggests one such scenario, which is for a Wal-Mart to be located in “underserved and relatively poorer sections of the city”, such as “sites to the south and southeast of downtown”. Their maps make it clear that there’s a large area that is essentially free of large retailers and grocery stores. I don’t know that a 380 agreement, which isn’t often used in Houston, is the right tool for that, and just saying it doesn’t change the fact that Ainbinder has this land and intends to do something with it. The point they’re making is that we should be wary of claims about sales tax revenues, especially if we just consider revenues generated by Wal-Mart in a vacuum.

Of course, Ainbinder could be reimbursed by increased property values in the area, if sales taxes aren’t an appropriate measure. Some folks who currently live near the site are betting against that. Honestly, that’s what I’ll be watching for. The study didn’t discuss this at all, unfortunately.

Finally, there’s this:

Does this store address underserved markets?

It does not. Indeed, Maps 3 through 5 illustrate that west central Houston is well served by a wide variety of retailers.

As described above, the area already enjoys short drive times to discount stores, with two additional Wal-Mart proposals just outside Loop 610 to the north and west promising even greater convenience and competition in that sector. South central and southeast Houston may well be described as underserved by large-format discount stores, but this proposal does nothing to alleviate that condition.

I agree that while points south and east are truly underserved, though again that isn’t Ainbinder’s concern, these maps don’t really contradict the thesis that the area right around Yale and Washington has few options. Look at Map 5, for grocery stores. The nearest ones are the Kroger at 11th and Shepherd and the Fiesta at 14th and Studewood to the north, and the Randall’s at Westheimer and Shepherd and the Disco Kroger at Montrose and Hawthorne to the south. (For now, anyway. The eventual arrival of the Whole Foods on Waugh at West Dallas will change that, at least at the high end. You’re still out of luck if what you seek is toiletries and paper goods and low-to-moderate prices.) As someone who drives through this area every day, I sure wouldn’t claim any of them are five minutes from that site, certainly not in weekday traffic. It’s no mystery why many of the people who are opposing the Wal-Mart were especially disappointed to hear that HEB had lost out in the bidding. I’m one of those who’d have preferred an HEB to a Wal-Mart, and I think the point about relocating economic activity from other parts of the city rather than increasing economic activity overall is a strong one, but I suspect a lot of people will find it convenient to buy their groceries there.

Posted in: Elsewhere in Houston.

Lawsuit filed to stop red light camera referendum

And now the fun really begins.

A federal lawsuit was filed Friday afternoon in an effort to prevent Houston residents from voting on whether to ban red-light cameras.

Multiple sources told KPRC Local 2 that the lawsuit was filed on behalf of a Houston resident and Keep Houston Safe, a political action committee.

The suit seeks to block the proposed charter amendment from being placed on November’s ballot on the grounds that it violates the city charter and would dilute minority voting strength, in violation of the Civil Rights Act of 1965.

Mary Benton had the early scoop on this. If you’re wondering what the Civil Rights Act of 1965 has to do with this, the short answer is “preclearance”. I quote from the lawsuit:

14. Chapter 9 of the Texas Local Government Code, governing the procedures for amending a city’s charter, has been amended by the Texas Legislature multiple times since the adoption of the 1965 Voting Rights Act. Multiple preclearance submissions were submitted by the State addressing legislative amendments, including changes to the number of signatures required to place a matter on the ballot; changes in the uniform date for charter amendment elections; and validating statutes for previous charter amendments. Most notably, what has not been precleared is the use of a charter amendment petition to circumvent or otherwise bypass express limitations or prohibitions adopted by voters and incorporated into a home-rule municipality’s city charter.

15. By accepting the Petition as a charter amendment petition, rather than the appropriate designation as a Referendum petition, Defendant has instituted a change in election-related policies and procedures that must be pre-cleared in accordance with S5 of the Voting Rights Act.

16. Because the Camouflaged Referendum has been improperly placed on the ballot, a potential for racial discrimination exists. More specifically, minority voters may lose their ability to ability to elect candidates of their choice in local, statewide, and federal elected offices.

You had me till that last sentence, but I suppose that’s the way VRA claims go. It’s just that seeing Andy Taylor – Andy Taylor! – give these arguments is fixing to make my head explode. Anyway, the suit asks for a three-judge panel, and all deliberate speed and so on. We’ll see what happens.

Posted in: Election 2010.

Laura Spanjian

Meet Laura Spanjian, the new Director of the city’s sustainability office. She has some ambitious goals.

Most ambitious, but most important, to Spanjian is getting every Houstonian access to single-stream, curbside-pickup recycling. You may have heard happy tales of those big green bins-on-wheels that you can throw anything that you even suspect is recyclable into, and have picked up at your door. Well, they’re real. And Spanjian wants them on your street.

“In cities that have it, recycling rates skyrocket,” Spanjian says. “We’re cutting-edge when it comes to compost, but not recycling. We’re kind of funny about that.”

As for her most pressing goal, Spanjian is bent on preparing Houston for the electric cars that will be hitting the market at the end of the year. That effort includes adding fast-charging public charging stations, which Spanjian hopes will encourage car companies to supply Houston with more electric cars and make residents feel more comfortable buying them.

Although she’d ideally like to reduce the use of single-occupancy vehicles and improve public transportation, “we do have a car culture, and we have to work with people where they’re at.”

Spanjian’s focus is on a comprehensive program to reduce energy, water and waste, and she’s rolling out one program next month: The Green Office Challenge, a yearlong program with different monthly themes that allows building tenants and managers to compete with one another in green initiatives. The competition is divided into management districts, and will also make use of new energy-efficiency loan programs.

Also on Spanjian’s radar? Establishing a weekday farmers market downtown, getting Houston into the top five cities for LEED-certified buildings (we’re No. 8) and promoting the environmental work Houston’s already doing.

Good luck with the downtown farmers market, especially on a weekday. It’s a tough nut to crack. As for the rest of it, as far as I’m concerned, if she can help speed up the broader rollout of single-stream recycling, I’ll consider her tenure a success no matter what.

Posted in: Elsewhere in Houston.

Friday random ten: That’s just crazy

So I was sitting with my laptop trying to be inspired for this week’s Friday list, and it occurred to me that the girls had been driving us a little crazy all weekend. And thus was I inspired.

1. Crazy Little Thing Called Love – Queen
2. Let’s Go Crazy – Storybox
3. Crazy – Patsy Cline
4. A Crazy Little Tune – Nevada Newman
5. Crazy For You – Madonna
6. Crazy Island – John Mellencamp
7. Crazy Game – Indigo Girls
8. She Drives Me Crazy – Fine Young Cannibals
9. Still Crazy After All These Years – Paul Simon
10. Crazy Man Michael – Ceili’s Muse

What’s driving you crazy these days?

Entire song list report: Started with “Love Shack”, by the B-52s. Ended with “Mamma Mia”, from the “Mamma Mia” soundtrack. It’s sung by Meryl Streep, but nowadays I hear it in Olivia or Audrey’s voice, because “Mamma Mia” – the movie, as well as the soundtrack – is their favoritest thing ever. Anyway, it’s song #3218, so that’s 105 tunes this week. The last L song was “Lying Still”, by Electric Youth. The first M song was “M-O-N-E-Y”, by Lyle Lovett, or if you prefer, “Ma and Pa”, by Fishbone.

Ripping vinyl report: Deep Purple’s “Machine Head”. I discovered both the band and the album back in college while listening to San Antonio’s one-time metal-oriented KXZL. That station morphed into classic-rock pioneer KZEP around the time of my senior year, and the songs off of this album were a fit for each incarnation. There’s probably a master’s thesis in there somewhere, but I’ll leave it to someone with more free time on his or her hands. I’ve also got a copy of “Perfect Strangers”, which got play on KXZL but not KZEP, since 80s music didn’t become classic until some time in the late 90s, but that will have to wait till next week.

Posted in: Music.

And we’re back

So you might have noticed that the blog was down yesterday. I posted about what was happening on my Facebook status, but the long-story-short is that my webhost moved my site to a new server but the data didn’t move with it. It turns out (I did not know this at first and became increasingly upset about it through the day) that the server the site had been on was having problems, and that these problems were the reason it was taking so long for my data to get moved to the new server, and why the original attempt to move it had failed. That’s all over now, and hopefully it’s not something I’ll experience again any time soon. All of the things I had set to be published yesterday are now up. I’m going to link to them here to make sure everyone sees them:

Fear of debating is contagious
Still more on the new school lunches
Six candidates file for the open HISD Trustee seat
Judicial Q&A: Toni Martinez Ingverson

Thanks very much for your patience.

Posted in: Administrivia.

Interview with State Sen. Mario Gallegos

Sen. Mario Gallegos

State Sen. Mario Gallegos has represented Senate District 6, which is where I live, since 1994. A retired firefighter who served two terms in the House before being elected to the upper chamber, Sen. Gallegos has been a champion for labor, diversity, and the environment, among other things. He played a dramatic role in stopping voter ID legislation in the 2007 session by being in Austin against medical advice after a liver transplant, literally risking his life to ensure the Democrats in the Senate had enough votes to block voter ID legislation from coming to the floor. He’s also been the most prominent local critic of HISD Superintendent Terry Grier. Those were some of the things we talked about:

Download the MP3 file

You can find a list of all interviews for this cycle on the 2010 Elections page.

Posted in: Election 2010.

In defense of Todd Willingham

Via a comment on an older post, I came across this withering critique of Todd Willingham’s defense team. There’s an interesting comparison in there that I don’t believe I’d considered before:

Apparently Willingham’s defense was judged to be technically adequate during the appeals process. As I understand it, all that means is that no egregious errors were made. Willingham’s defense may have been error-free but it was still worthless — I’ll do my best to explain why in a bit. First, I want to take a quick look at another case. In an editorial I’ve brought up before, Duke law professor Jim Coleman suggests that there are effectively two justice systems in the US. If so, I think the high-functioning, principled one is epitomized by the arson case against Texas Supreme Court Justice David Medina and his wife, just like the Willingham case epitomizes the low-functioning, hypocritical one. Needless to say, Medina didn’t settle for a defense that was merely adequate. His is to Willingham’s as a tank is to a BB gun. The charges against Medina were a bit of an ironic reversal — as Gov. Rick Perry’s general counsel he had a role in denying Willingham a last-minute stay of execution. Did he give a minute’s thought to the enormous difference between the defense the soon-to-be dead man got and the one he’d insist on for himself? I doubt it.

In June 2007, a fire that started in Medina’s detached garage destroyed his house and caused significant damage to neighboring houses as well (my main source an article the Houston Chronicle ran on Jan. 18, 2008). Inspectors claimed that accelerants were used. I can’t tell how their evidence compares to the evidence against Willingham, but at least there was a plausible motive. Medina seemed to be having financial trouble and foreclosure proceedings had been initiated — a “red flag,” according to investigators. Medina’s wife Francisca was charged with arson and he was charged with fabricating evidence.

The theatrical high point of the Medinas’ little flirtation with the wrong side of the bar was in January 2008, when a grand jury handed down indictments against the couple and the DA’s office dropped them like a hot potato. The foreman and assistant foreman of the grand jury were so mad they went to the press. The assistant’s acid comment was that “I’ve just never seen anything like the vigor with which these two defendants were defended by the Harris County District Attorney’s Office….” The foreman said, “If this was David Medina, comma, truck driver, comma, Baytown, Texas, he would have been indicted three months ago.” I think that’s a safe bet, and it’s hard to believe that the Medinas were really treated just like you and me would be.

On the other hand, connections aren’t the only thing that David Medina, Texas Supreme Court Justice, had that David Medina, truck driver, probably wouldn’t have. The real Medina also had the wherewithal to hire top-notch attorneys who in turn hired their own investigators. When Francisca Medina was re-indicted, the defense experts did their thing and the charges were dismissed.

Steve Baldassano, the assistant DA handling the case since January, says his office didn’t have sufficient evidence to prove arson. “We couldn’t eliminate an electrical malfunction,” says Baldassano. Francisca Medina’s attorney, Dick DeGuerin, says that last week he provided the DA’s office with a report prepared by independent fire experts who found that the evidence did not prove arson. “Our experts believe that it could not be called an arson fire,” DeGuerin says. Baldassano says the fire investigators DeGuerin hired are often used by the DA’s office, and “you have to keep an open mind to see if new evidence comes up.”

You have to keep an open mind to see if new evidence comes up. Of course. Who could argue with that, or with what the prosecutor, Vic Wisner, told the New York Times? “We have an ethical duty to seek justice.” And not only that, “it would be unlawful, unethical and irresponsible for me to proceed with a case that I do not think has the ability to get beyond a directed verdict of acquittal, let alone beyond a reasonable doubt.” Amazing how the principles kick in when a state supreme court justice and his high-powered attorneys come knocking at the door. It’s certainly possible that the Medinas burned down their house and their crimes were whitewashed. But as far as I can tell it’s at least as likely that it was another case of overzealous and under-informed fire inspectors. So maybe the special treatment was just that the system worked the way it’s supposed to. Or pretty much that way, except maybe just a little bit more, ummmm… efficiently.

As general counsel to Rick Perry, Medina was involved in the decision to shrug off the last-minute report from Gerald Hurst debunking the forensic evidence against Willingham. Needless to say, it’sdeeply ironic that Medina’s wife was cleared of arson charges because the evidence was challenged by an independent expert hired by the defense, or as Perry would say, one of those “latter-day supposed experts.”

We worry a lot about the differential outcomes caused by inequities in the quality of schools or health care (and we should!), but does anything produce starkly differential outcomes like inequities in legal representation?

Good question. Check it out.

Posted in: Crime and Punishment.

Angelika says it’s looking for another location in Houston

The Chron notes that the relationship between the Angelika Theater and its landlord had deteriorated considerably.

Angelika’s landlord, Bayou Place Limited Partnership, filed suit more than a week ago claiming the cinema was threatening to remove equipment from the theater if it did not receive a new lease.

The landlord’s petition outlines a situation dating to 2007, when the theater’s first 10-year lease expired. It did not exercise an option to renew for another 10 years.

The Angelika – also called Bayou Cinemas in the petition – continued as a month-to-month tenant at reduce rent, according to the petition.

Bayou Place and the Angelika continued discussions on a new lease, even as the landlord, an affiliate of the Cordish Co., sought a tenant that would enter into a long-term lease for a cinema.

But during a meeting, according to the petition, a principal of Bayou Cinemas threatened to remove equipment if the parties couldn’t reach a deal. Based on the initial lease agreement, the property belongs to the landlord, the petition claims.

That story and this CultureMap blurb say that Angelika is looking for another Houston location. Clifford Pugh, who thought downtown was a bad fit for the Angelika theater, suggests some possible replacements for it at that location.

The only way for a downtown art house to survive is to offer the affluent moviegoing audience something they can’t find elsewhere. A unique movie and a unique moviegoing experience.

Alamo Drafthouse or Studio Movie Grill are logical replacement choices because they have married a food-and-beverage experience with the movies and have achieved spectacular results in the Houston suburbs. The Angelika has a full kitchen, but the theaters would have to reconfigured for a premium moviegoing experience. It’s gonna cost some bucks to do that because it will almost be like starting from scratch.

Alamo spokeswoman Lacy Smythe Edmundson won’t confirm rumors that the Austin-based theater chain is looking at the Angelika space. “At this time we are looking to explore inside-the-Loop and are exploring different possibilities,” she said.

Sundance Cinemas, a small chain affiliated with Robert Redford’s film project, and Sunrise Cinemas, a 58-screen Florida chain that specializes in independent films and hosts The Miami Jewish Film Festival, France Cinema Floride, The Israel Film Festival and The Fort Lauderdale Gay and Lesbian Film Festival are also rumored to be looking at the Angelika space. Other possibilities: Landmark, which owns the River Oaks Theatre, and the California-based ArcLight cinema chain.

In a vaguely worded statement Gary Rhodes, general manager of Bayou Place Limited Partnership, said, “We will be upgrading Angelika with an operator of the highest quality and we will be making the announcement shortly.”

We’ll see what happens. Where else do you think would be a good location for the Angelika? Leave a comment and let us know. Swamplot has more.

Posted in: Elsewhere in Houston.

Metro to hire Greanias as CEO

The Metro board appears poised to name interim CEO George Greanias as its permanent CEO.

The comments by board chairman Gilbert Garcia came after Greanias outlined his plans for fundamental changes in the Metropolitan Transit Authority’s culture and values, making Metro more consumer-driven, collaborative and transparent.

The presentation, along with Greanias’ other work since he was named acting CEO in May, impressed Garcia and other board members.

“It’s extremely apparent to me that George is the best man for the job,” said Garcia, an investment firm executive appointed board chairman by Mayor Annise Parker early this year. He said Metro hadn’t engaged a professional head-hunting firm, but a few other candidates had been considered.

I think he’s done a fine job, too, and I see no reason not to move forward with this.

Posted in: Planes, Trains, and Automobiles.

Texas blog roundup for the week of August 30

The Texas Progressive Alliance sure hopes that Harris County has a disaster recovery plan for the loss of its voting machines as it brings you this week’s blog roundup.

Continue reading →

Posted in: Blog stuff.

Judicial Q&A: Toni Martinez Ingversen

(Note: I am running a series of Q&As for Democratic judicial candidates on the November ballot. I am running these responses in the order that I receive them from the candidates. These Q&As are primarily intended for candidates who were not in contested primaries. You can see those earlier Q&As, as well as all the ones in this series and all my recorded interviews for this cycle, on my 2010 Elections page.)

1. Who are you, and what are you running for?

I am Toni Martinez Ingversen, running for judge of Harris County Criminal Court at Law #15.

2. What kind of cases does this court hear?

This Court handles Class A and B misdemeanors.

3. Why are you running for this particular bench?

I believe I am qualified and experienced to serve on this bench, and I wish to serve the citizens of Harris County in this court.

4. What are your qualifications for this job?

I am a full time Municipal Court Judge for the City of Houston and have served in this position for 14 years. I deal with Class C misdemeanors and ordinance violations.

I have presided over hundreds of trials and administrative proceedings. Prior to my appointment to this position, I practiced law for 23 years, dealing with jury trials and appeals of misdemeanors and felonies in Harris County. I have also handled civil, family, probate, corporations, bankruptcy and immigration matters.

5. Why is this race important?

This race is important because it will provide the voters of Harris County with an opportunity to choose a new judge for this bench.

6. Why should people vote for you in November?

I have 14 years of judicial experience and many more years of legal experience in a variety of areas of practice. I am very active in the community and support and participate in many diverse cultural events. During my tenure as Municipal Court Judge, I have conducted countless arraignments in the Spanish language. From this foundation for a broad legal, and judicial background, in addition to long standing community involvement, I feel that if I am elected to this bench, I will represent experience, leadership and diversity. This is crucial in an increasingly growing diverse population in Harris County.

Posted in: Election 2010.

Six candidates file for the open HISD Trustee seat

Here’s the lineup for the HISD District 8 seat that was vacated by Diana Davila:

Robert Centeno, a former teacher in the Houston Independent School District.

[Judith] Cruz, a stay-at-home mom who previously was the special education department chairwoman at HISD’s Liberty High School for immigrant students and an English-as-a-second-language teacher at Lee High School.

Cheryl Moodie, a former general manager at Ritz-Carlton hotels who now consults in the fields of hospitality and international medical education.

Dorothy Olmos, a former candidate for state representative and Harris County commissioner who runs a small business focused on rental renovations and works part-time for an industrial supply company.

Peter Schwethelm, the founder of a college placement service for high school athletes and a former geography and world history teacher at Yates High School and a math teacher at Milby High School.

Juliet Stipeche, an attorney at her own law firm who got her start at District VIII’s High School for Law Enforcement and Criminal Justice, where she graduated as the valedictorian.

Stipeche ran in the Democratic primary for Civil District Court #281, losing to Donna Roth. Olmos ran in the Republican primary for County Commissioner in Precinct 2, losing to Jack Morman. She has also run unsuccessfully three times for HD143, in the special election in 2005, in which she got 6% of the vote, then in 2006 and 2008 against Democratic Rep. Ana Hernandez, getting about 26% each time. Far as I know, none of the other candidates has run for office before. As the story notes, all but Moodie and Centeno appeared at the candidate screening in August when the Board was still thinking about appointing someone. You can be approximately 100% certain this race will result in a runoff, so be sure to pay attention if you live in District 8, because in the end not a whole lot of votes will pick the winner. I’ll be doing interviews with at least some of these candidates, so I hope that will help.

Posted in: Election 2010.

Still more on the new school lunches

Bettina Elias Siegel, the lady behind The Lunch Tray, gets her op-ed on HISD’s healthier lunch choices published in the Chron.

One critical piece of the puzzle is student food education. But HISD now has only about 15 dietetic interns to go into schools and talk up the new items – far fewer than needed to reach every student in our district’s almost 300 schools. Even Houston’s Recipe for Success, which gives kids hands-on experience in growing and cooking fresh vegetables, can’t do the entire job. My suggestion is to turn to the parent volunteers who are already staffing most HISD lunch rooms to monitor behavior, assist with hard-to-open lunch items, and provide a friendly face. Why not enlist this ready-made set of volunteers to act as “new food boosters” – explaining the new foods and encouraging tasting using “I Tried It” stickers, praise and simple enthusiasm?

Second, no parent would offer their own child the choice of an unfamiliar food versus pizza and expect the child to pass up the pizza. Similarly, HISD must take care not to introduce new entrees like chicken-and-brown-rice soup on the same day that burgers, nuggets or other “kid food” is served. To do so would ensure that the new entrees will be deemed a flop, and perhaps risk having them removed from the district’s menu altogether.

Finally, we need to be realists. While many kids will eat vegetables standing alone, many more will not. Other school districts have been creative by incorporating vegetables into more sophisticated main dishes like soups, stews, sauces, pasta dishes and stir fries. But while HISD has laudably followed the recommendations of the PAC to start developing similar entrees (including wraps, rice bowls, stir fries and curries), the district has also indicated that for financial reasons such new foods might only be available on the “a la carte” line – that is, to paying students only. Because almost 80 percent of HISD students qualify for free and reduced lunch, this would create an inequitable system of “haves” and “have nots” where only students with money in their pockets can access the new, more healthful items.

Getting kids to try new foods is definitely a challenge, and it’s going to take time, patience, and a lot of outside-the-box thinking to make this happen and be successful. But the payoff is worth it.

Posted in: Food, glorious food.

Fear of debating is contagious

From the inbox:

Rebecca Bell-Metereau, Democratic nominee for State Board of Education District 5, and Judy Jennings, Democratic SBOE nominee in District 10, criticized their Republican opponents and the Chairman of the Republican Party of Texas today, after the RPT Chairman urged the two Republican nominees for those offices to skip a debate which would enable voters to hear from all the candidates in the two races.

The Democrats also challenged the Republican nominees for the two State Board slots to either admit that they begged the Republican Party to provide them an excuse to skip the debate, or to ignore their partisan Republican boss and face their Democratic opponents at the event.

The League of Women Voters-sponsored debates will be held September 28 in Austin, and televised by debate partner KLRU-TV. The debates will be moderated by Evan Smith, a respected journalist who is the Editor-In-Chief of the Texas Tribune and host of “Texas Monthly Talks,” a news program on KLRU-TV.

“It is painfully obvious that the two Republicans running for State Board of Education are worried that the Democratic nominees would trounce them in a fair fight, so they asked their state Party Chairman to give them any flimsy excuse not to participate,” said Harold Cook, a spokesman for Democrats Bell-Metereau and Jennings.

“Republican nominees for SBOE Marsha Farney and Ken Mercer have a lot of questions to answer, and they should come out of hiding and answer them. Are they going to participate in a fair debate, moderated by a respected non-partisan journalist, or are they going to follow the orders of their partisan boss? Texans are tired of the State Board of Education being Republicans’ political football, in which the school children of Texas get kicked around – this is supposed to be about quality public education, not political gamesmanship,” Cook said.

Both the Democrats have notified the League of Women Voters that they will participate in the League’s debate, and cautioned their opponents not to duck voters by failing to participate.

“I am honored to participate in the debate and to share my views with voters on how the State Board of Education can do much better for Texas school children. If my opponent respects the voters whose support she seeks, she will accept the offer to participate in this debate as well,” said Judy Jennings.

Jennings noted that this isn’t the first time her hyper-partisan opponent Marsha Farney has run for cover. Farney refused to respond to repeated attempts by reporters to contact her, after she was caught by the Austin American-Statesman characterizing Democrats in Texas as “America-bashing Democrats” at a Tea Party rally recently.

Both Judy Jennings and Rebecca Bell-Metereau have often decried the partisanship displayed by the incumbent Republican members of the Board.

“I’m pleased to accept the opportunity to let voters know my priorities if they elect me to the SBOE, and I’m equally pleased about the chance to inform voters of what my opponent has already done as an SBOE member,” said Rebecca Bell-Metereau. “I urge him to participate in the debate, because he has some explaining to do regarding his priorities while in office,” she said.

The dispute started yesterday, after Republican Party of Texas Chairman Steve Munisteri released a statement urging both of the Republican nominees to skip the debate, claiming that the Austin Chapter of the League of Women Voters wouldn’t be fair, despite the fact that the organization has hosted such forums for years without complaint. For this event, the League has partnered with Austin PBS affiliate KLRU to televise the debates, and had arranged for Evan Smith to moderate.

From Rick Perry to Greg Abbott to Farney and Mercer and who knows who else. Are there any Republicans out there that aren’t afraid to engage in a debate this year?

Posted in: Election 2010.

More on the county’s plan for the election

Here’s a press release from the County Clerk’s office about the current plans for conducting the election in the aftermath of the fire.

“The public should know that a plan had to be enacted quickly to be able to conduct the election in accordance with the election calendar set by the state,” said [Harris County Clerk Beverly] Kaufman, the chief election officer of the County. “Early voting will be conducted in a manner that is familiar to voters. We will obtain enough electronic voting equipment that is compatible with technology we have in place and allocate it to early voting locations as usual. The goal is the same for Election Day. But, if we fall short of the goal, paper ballots will be on hand to ensure that all voters are afforded equal access to the voting process at the poll.”

“As we face this unforeseen challenge, I’m hearten that all entities that have a role in creating the county’s election infrastructure are working as a team to ensure all registered voters are provided access to the voting process in a manner consistent with voting laws,” added Kaufman. Texas election law provides that the administration of an election must be a coordinated effort between the chief election officer of the county, the chairpersons of the political parties, citizens (via their political party structure) and County government officials.

For this election, at least one electronic voting machine that provides people with disabilities the opportunity to vote independently, the Disabled Automated Unit (DAU), will be allocated to each of the polling location. More importantly, on Election Day, 736 polling locations are scheduled to be opened. An increase of eight compared to the 728 polls opened during the 2008 November election.

“It is more important than ever for voters to know all the important dates leading up to Election Day and take advantage of the voting options which the law affords them,” Kaufman concluded, urging registered voters to visit the County Clerk’s election website or Texas Secretary of State’s website to obtain the calendar for this election cycle.

As I said before, I feel pretty good about the county’s ability to move forward and conduct a reasonably smooth election in the wake of this catastrophe. That’s to their credit, but I still have to wonder why they’re just making this sort of contingency plan now, instead of already having one that has had some kind of simulation testing performed on it. Is it really the case that nobody ever wondered what we might do if the building where every single machine is stored caught fire or flooded or something? As the Chron opines, we damn well better give it some thought now, so that we’re never in this position again. And while we’re at it, since we’re going to have to replace all these machines anyway, let’s also give some thought to equipping those replacements with printers, so that there can be a paper backup available for every vote. At the very least, let’s make sure whatever we get has the latest and greatest security features.

Posted in: Election 2010.

Tell PPP to poll Texas

Because we need more data points. Because Rasmussen deserves either a counterweight or some confirmation. Because PPP did a great job in 2008. Whatever the reason, go tell Public Policy Polling to poll Texas this week.

Posted in: Election 2010.