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July 6th, 2018:

Pension bond lawsuit dismissed

This hit my inbox late in the day on July 3.

Mayor Sylvester Turner

The City of Houston is pleased that a court challenge to the 2017 election on the City’s pension bonds has been decided in its favor.

Today, State District Judge Mark Morefield dismissed the case styled James Noteware, Contestant vs. Sylvester Turner, Mayor of the City of Houston, Texas, and City of Houston, Texas, Contestees, Cause no 2017-83,251.

In December 2017, a voter sued the City to set aside the results of the Nov. 7, 2017 election after Houstonians overwhelmingly approved the pension bonds.

Tuesday’s ruling is important to the City’s pension reform plan.

“These pension bonds are a critical part of our pension reform statute and plan, and I am very pleased with the judge’s ruling,” Mayor Sylvester Turner said.

See here for the background. So far the only news coverage I’ve seen is this Chron story, which is not on the main houstonchronicle.com site and which mostly recapitulates the press release. It does indicate that the plaintiff plans to appeal, because of course he does. I’m hoping there will be more information once the Chron has had the chance to do some reporting on this, but for now this is what we have. Given that the bonds have been sold I’m honestly not sure what there is to adjudicate, but then I Am Not A Lawyer, so there you have it.

Feds approve $5 billion in Harvey aid

Good.

Photo by Yi-Chin Lee

Almost a year after Hurricane Harvey dumped historic rains on Texas, the state will receive more than $5 billion for a range of flood control projects, repairs and studies, the Trump administration announced Thursday.

[…]

[About $1 billion] will pay for the completion of flood control projects in the Houston area that were already underway — some of them for more than two decades because of the Harris County Flood Control District’s pay-as-you-go approach — and to repair damages that those projects suffered during Harvey.

A reworked flood control project on Clear Creek in southeast Harris County, the origins of which date back to the 1980s, will receive $295.2 million. Three major bayou-widening projects will receive a combined $185 million.

The U.S. Army Corps of Engineers determined how much to allocate to each project, factoring in guidance from members of the Texas congressional delegation.

Several flood- and disaster-related studies will also be funded; The Army Corps will receive $3 million to launch an unprecedented study of the Houston region’s watersheds. Another $6 million will go toward a study that will explore how to reduce flooding in Buffalo Bayou, including when the Army Corps releases water from Addicks and Barker dams. And the Port of Houston will get $30 million to dredge the perpetually-silty Houston Ship Channel. The Army Corps also will receive nearly $1.5 million to complete a safety project to shore up Addicks and Barker dams, which have been considered at risk of failure for years.

Most of the rest will be used to build coastal levees. I’m pretty sure this is a separate pot of money than the one the city will draw from for long term housing aid. Which is fine; we can use all the resources we can get, the more the better. If you want a reminder of what the priorities should be for Harvey recovery and future flood mitigation, I refer you back to the Houston Flood Mitigation Consortium report. The Chron has more.

Census lawsuit may proceed

Good.

A federal judge said Tuesday that there was a “strong showing of bad faith” by the Trump administration in adding a controversial question about US citizenship to the 2020 census. The judge hinted that he would allow the case to move forward over objections from the administration, and senior administration officials will be subjected to questioning under oath about why the question was added.

Judge Jesse Furman of the Southern District of New York, who was appointed by President Barack Obama, said the administration “deviated from standard operating procedure” by adding the question with no testing. Furman ruled that the plaintiffs challenging the question—including the state of New York and the American Civil Liberties Union—can depose senior officials from the Commerce Department and Justice Department as the case moves forward.

The census has not asked respondents about their citizenship status since 1950. Civil rights groups say the citizenship question will depress response rates from immigrants, imperil the accuracy of the census, and shift political power to areas with fewer immigrants. The census determines how $675 billion in federal funding is allocated, how much representation states receive, and how political districts are drawn.

Commerce Secretary Wilbur Ross, who oversees the Census Bureau, approved the citizenship question in March, saying it was needed for “more effective enforcement” of the Voting Rights Act. Ross said at the time and in subsequent testimony before Congress that he approved the question after the Justice Department requested in December 2017 that it be added.

However, Ross stated in a memo he filed to the court on June 21 that he first considered adding a citizenship question to the census after he was confirmed as commerce secretary in February 2017, months before the Justice Department requested the question. He wrote that he had approached the Justice Department about the question, not the other way around, after consulting with “other senior Administration officials” who had “previously raised” the citizenship question.

Furman cited Ross’s memo to question his truthfulness and the administration’s motives in adding the question. “It now appears these statements were potentially untrue,” Furman said of Ross’ claims that the question was added at the Justice Department’s request. “It now appears that the idea of adding a citizenship question originated with Secretary Ross and not the Department of Justice.”

See here and here for some background. The judge did subsequently allow the lawsuit to go forward, while also granting the motion for discovery. I for one can’t wait to see what bits of treasure that digs up. Time is of the essence here, so I hope there’s a speedy schedule to get us towards a resolution.