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October 12th, 2017:

No expedited appeal of voter ID

There’s no speeding this up.

Still the only voter ID anyone should need

A federal appeals court Tuesday declined to have all 14 judges participate in the appeal over the Texas voter ID law — a decision that will keep the issue unresolved heading into the 2018 elections, one judge said.

Civil rights groups, Democrats and minority voters who challenged the voter ID law as discriminatory had asked for the entire court to hear the appeal as a way to speed the case toward resolution.

The 10-4 ruling by the 5th U.S. Circuit Court of Appeals, however, means the appeal will be heard by the customary three-judge panel.

Writing in dissent, Justice Jerry Smith noted that the losing side will probably ask the entire court to review the panel’s decision in what is known as “en banc” consideration — a path the 5th Circuit Court took at an earlier stage of the case that, if taken again, would make it “impossible for a decision to be issued before some, if not all, of the 2018 elections are history,” he said.

“The lopsided vote to deny en banc hearing shows that the court has little appetite for disposing of this important case in advance of the beginning of the 2018 election cycle,” Smith wrote.

“The elephant in the room is Texas’s 2018 election schedule, which includes statewide primaries on March 6 (with early voting beginning February 20), municipal elections May 5 (early voting April 22), primary runoffs May 22 (early voting May 14), and the general election November 6 (early voting October 22),” Smith wrote.

See here for the background. The idea is that if the appeal is heard by the usual three-judge panel, whoever loses is going to ask for an en banc review anyway, so why not skip ahead to that? That’s not what we’re going to get, so the best we can hope for is a sense of urgency from everyone along the way. Oral arguments are set for the first week of December, and after that we’ll have to do a lot of waiting. Rick Hasen has more.

The fire department’s needs

This is a conversation we need to have, but it’s one we need to dig into and work all the way through.

Fire Chief Sam Pena gave City Council a bleak assessment Tuesday of his department’s readiness to respond to significant rainstorms, or even daily fire and medical calls, saying a ramshackle fleet and inadequate training are putting the safety of citizens and firefighters at risk.

The Houston Fire Department must double its annual spending on new engines, ladders and ambulances, the chief said, and must ramp up its purchases of water rescue apparatuses and the training.

The department has a “moral and legal” duty, Pena said, to provide safe and effective vehicles and equipment to its 4,100 firefighters and the residents they serve.

Instead, he said, engines are catching fire on the scene or at stations; one dropped a gas tank en route to a call. Another time, he said, an ambulance broke down while carrying a cardiac patient to a hospital. Reserve vehicles have to stand in for broken-down front-line apparatus 85 percent of the time, he said.

“We haven’t allocated the right resources to ensure we’re preparing our firefighters to do the job we’re asking them to do,” said Pena, who became chief last December. “What Harvey put a spotlight on is the lack of resources that we’ve had, but it’s a reality that we’re living as a department every day. We have to make a decision about what we want our fire department to do and what we’re willing to fund.”

[…]

On Tuesday, he told the council’s public safety committee that HFD had received funding for 20 of the 47 engines it sought in the last three budget cycles. It also got 10 of 19 requested ladder or tower trucks, and 36 of 75 requested ambulances, he said.

The city has budgeted $5.5 million to $5.8 million in each of the next five years to purchase fire vehicles, but Pena said $11 million is needed annually to ensure HFD meets his recommendation of replacing 16 ambulances, nine engines and four ladder or tower trucks each year.

If voters pass the $495 million city bonds on the November ballot, officials said the department will get $10.8 million a year for five years to renew its fleet.

Mayor Sylvester Turner said it has been evident since he took office that HFD – along with police and city trash haulers – have been working with inadequate vehicles.

“Today Chief Pena painted a picture I know well. We are going to meet these needs as much as we can with the limited city revenues we have, hence the importance of the public safety bonds that the voters are asked to approve,” Turner said. “This is just one of the steps we need to take to get us where we need to be.”

See here for some background. The bond issue on the ballot would help the Fire Department replace old equipment, but it would not be enough to also buy more flood-rescue gear or pay for training on it. That will require further spending from the city, including from general revenue, at a time when there’s not a lot of spare change lying around and the city’s revenue stream is hamstrung by the stupid revenue cap. We should, as I have said here and in that earlier post, have a real discussion about what HFD needs and how we’re going to pay for it, and I trust everyone agrees that kicking the can down the road isn’t a great idea. But that discussion needs to include how HFD spends its money now, because as the Chron editorial board reminds us, their track record on fiscal matters is not good.

Tensions between City Hall and Houston firefighters have simmered for years, and things finally boiled over. Firefighters are frustrated because pension reform cut their benefits; they haven’t received a raise in years, and City Hall has failed to spend enough on much-needed high-water vehicles and other equipment.

Those grievances can sound pretty convincing until you look at things from the perspective of a taxpayer.

The firefighter pension system was unsustainable and needed to be reformed. In June, the firefighter union rejected a 9.5 percent pay raise as insufficient. And City Hall has budgeted more than $5 million per year for the next five years to purchase new fire equipment.

Fire Chief Sam Peña told City Council this week he wants double that amount.

Perhaps Peña should first ask his own staff for cash. HFD’s Life Safety Bureau alone racked up $5.6 million in overtime, according to a recent city audit, all while fudging building inspection numbers. And three years ago – under a different chief – a single year of unexpected overtime blew an $8 million hole in the fire department’s finances. Five percent of that budget gap was due solely to firefighters taking off the first weekend of hunting season. (Note to Peña: Deer season opens Nov. 4).

The board renews its call again for a blue ribbon panel to review HFD’s operations from top to bottom, noting that while the department is geared towards fighting a declining number of fires, the vast majority of the calls it receives are for emergency medical services, for which fire trucks are dispatched. I’m prepared to spend more money on HFD to bring them up to speed on the things we need from them, but I want to know that we’re using that money wisely. If we’re not also prepared to answer that question, then I don’t know when we ever will be. The Press has more.

Rep. Al Green’s articles of impeachment

Gauntlet thrown.

Rep. Al Green

U.S. Rep. Al Green, a Houston Democrat, introduced formal articles of impeachment against President Donald Trump on the House floor Wednesday during a session otherwise devoted to whistleblower protection legislation.

In his argument for impeaching the president, Green read out several of Trump’s tweets, arguing that his statements on several recent national controversies had “incited bigotry” against various minority groups, including African-Americans playing in the National Football League, transgender individuals serving in the military and Puerto Ricans recovering from a natural disaster. During his long-shot impeachment pitch, Green also criticized the president’s failure to condemn an August white supremacist rally in Charlottesville, Virginia, and called Trump out for claiming to have won the popular vote in November’s presidential election.

“[Trump] has undermined the integrity of his office, has brought disrepute onto the presidency, has betrayed his trust as president to the manifest injury of the people of the United States of America and as a result is unfit to be president,” Green said. “He warrants impeachment, trial and removal from office.”

See here and here for the background. There’s also the whole nuclear war thing, in case you want something a bit more tangible to hang your hat on. I feel confident saying that this will go nowhere until either the Dems retake the House or Trump does something so egregious even the Republicans can’t ignore it. What that might be, after all we’ve already seen and experienced, I have no idea. But I’d like to think it exists, even if I’d rather not encounter it. The Chron, the Press, and the Current have more.

Texas blog roundup for the week of October 9

The Texas Progressive Alliance also does not deny that it called Donald Trump a moron – among other things – as it brings you this week’s roundup.

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