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March 10th, 2019:

Weekend link dump for March 10

Facebook moderator is an unbelievably crappy job, for crappy pay.

More Joe Bob Briggs, please.

God, these people are idiots.”

“If we really want to help people being victimized, we will try to change the conditions that make people vulnerable to exploitation”.

“Cohen’s Big Reveal was as simple as this: Donald Trump, our 45th president, thinks that you’re a sucker – and he got elected anyway.”

Supreme Court Justices aren’t supposed to lobby for the confirmation of lower court judges.

More than you ever wanted to know about the Fox News/Donald Trump symbiosis.

Buffy the Vampire Slayer‘s Musical Episode Is Finally Getting the Vinyl Release It Deserves”.

RIP, Luke Perry, versatile actor best known for Beverly Hills 90210.

“The Unsettling Parallels Between Leaving Neverland and Abducted in Plain Sight“.

I’m fully in the tank for daylight savings time, and would support making it year-round. More afternoon sunlight, please.

Mama Ocasio-Cortez seems like a cool lady.

The world’s rarest fish has been given a reprieve.

“Ten Undeniable Facts About the Michael Jackson Sexual-Abuse Allegations”.

“How Do You Recant a Rape Story? Asking for Mötley Crüe.”

RIP, Jerry Merryman, one of the inventors of the hand-held electronic calculator.

RIP, Jean Fairfax, civil rights activist and leader in desegregating schools.

Wishing Alex Trebek all the best.

Also wishing Tom Seaver all the best. I’m Yankees for life, but Tom Terrific was exactly as advertised, and a class act besides.

RIP, Dan Jenkins, legendary sportswriter and author. Charlie Pierce, after dispensing with the Trump-supporting prostitution spa owner story, has some lovely things to say about Jenkins as well.

I can’t begin to express how much this story infuriates me.

Bills to restore Open Meetings Act filed

This is good to see.

Sen. Kirk Watson

Two state legislators are aiming to restore a provision of the Texas Open Meetings Act that was struck down last week by the state’s highest criminal court.

Sen. Kirk Watson, D-Austin, and Rep. Dade Phelan, R-Beaumont, filed identical bills to reverse the court ruling that the “walking quorum” provision of the act is “unconstitutionally vague.” The provision made it a crime for government officials to secretly discuss the public’s business in small groups. Senate Bill 1640 and House Bill 3402 will reword the passage to make it more precise and remove confusion, Watson and Phelan say.

“We simply couldn’t let this ruling go unanswered,” Watson said Wednesday. “Without some kind of walking quorum prohibition, there’s nothing to stop government actors from meeting in smaller groups to avoid the spirit and intent of the Open Meetings Act.”

[…]

The bills already appear to have strong support, as Phelan is the chairman of the House of Representatives State Affairs Committee, which is likely the first stop for the bills before a hearing on the House floor.

Rep. Dade Phelan

“Texans want their elected officials to be transparent and allow honest participation in the process,” Phelan said in the press release. “If we do not act this session to address this ruling, we deny them the open government they deserve.”

Watson and Phelan’s legislation come two days before the bill filing period ends for the session, leaving Freedom of Information Foundation of Texas President Kelley Shannon thankful that the court’s ruling left enough time for legislators to address the issue.

“We’re really glad that several lawmakers are interested in fixing this situation, and we’re fortunate that we still have the bill filing period so they can address it this session,” Shannon said. “It just goes to show how important the Texas Open Meetings Act is for this state and how widely recognized that is.”

The court’s ruling stems from the indictment of Montgomery County Judge Craig Doyal, who met privately with a county commissioner and a political consultant about a road bond when he was a member of the county commissioners court in 2015. A misdemeanor criminal charge against Doyal was thrown out by the ruling.

Doyal argued the law is too vague and violates his free speech rights.

Impacts of the court’s ruling are already being seen in the Houston area, where prosecutors asked a judge to dismiss all charges against six current and former members of the Pasadena Second Century Corp., who were indicted last year for violating the Open Meetings Act. Board members Ernesto Paredes and Emilio Carmona, former board President Roy Mease and ex-board members Brad Hance, Jackie Welch and Jim Harris allegedly met twice on Nov. 28, 2016, with engineering firm Civil Concepts to discuss potential designs for a new civic center.

See here for the background. SB1640 is here, and HB3402 is here. I was skeptical that anything would get done by the Lege about this, at least in this session, but there does seem to be a chance. We’ll keep an eye on this.

Firefighter layoffs

Hoo boy.

Mayor Sylvester Turner plans to lay off up to 400 firefighters as he prepares to award pay raises required by Proposition B, the voter-approved charter amendment that grants firefighters the same pay as police of corresponding rank, according to five Houston City Council members who were briefed on the plan Thursday.

The apparent move to fully implement the pay parity measure comes after talks between the city and fire union about phasing in the raises over five or more years became strained last week. Meanwhile, city officials are preparing council members for the difficult task of closing a $197 million deficit in the annual budget that must be adopted for the upcoming July 1 fiscal year. About $80 million of that budget gap comes from the firefighters’ raises, council members were told.

In addition to the firefighter layoffs, Turner will seek to close the deficit by asking all city departments to cut their budgets by at least 3 percent, a move that is likely to require layoffs of, perhaps, 100 municipal workers, the council members said. Councilwoman Brenda Stardig said she was told no police officers will be laid off.

On May 9, Turner’s administration plans to issue back pay to firefighters retroactive to Jan. 1, which will total about $30 million, multiple council members said.

“So, basically, on May 9 you want to be hanging out near a firefighter because he’s going to be buying,” said Councilman Greg Travis. “He’s going to have a lot of money on that day.”

The city plans to mail layoff notices to firefighters within weeks, Travis said. Among the layoffs are 68 fire cadets who Turner has declined to promote amid a citywide hiring freeze than has spanned more than five months. The mayor nonetheless promoted more than 60 police cadets Monday.

The fire cadets filed grievances against Turner Thursday alleging that the mayor was discriminating and retaliating against them.

[…]

Turner, who repeatedly has warned of potential layoffs, told reporters his hands were tied because the charter amendment did not come with a funding mechanism. He also said the fire union rejected a city proposal to phase in pay raises. That offer did not appear to fully implement the charter amendment over the city’s proposed five-year window, falling short of increases in incentive pay that the finance department projects would be necessary to reach full parity.

“People want to put the administration in a box,” Turner said. “If you don’t implement Prop. B, people criticize you for not implementing Proposition B. When we move to implement Prop. B, people say, ‘We don’t want the layoffs.’ Well, you can’t have it both ways.”

During negotiations, the firefighters proposed to phase in Prop. B raises over three years, retroactive to July 1, 2018. The raises then would be distributed based on firefighters’ length of service, with all members reaching full parity by July 1, 2020.

No one can say they didn’t see this coming. One of the main arguments against Prop B was the cost, which would inevitably lead to layoffs because the vast majority of the city’s expenditures are personnel costs. It seems a little crazy that there wasn’t a way to agree to a phase in to avoid any drastic actions, but here we are. Note that the city has very limited capacity to raise revenues thanks to the stupid and harmful revenue cap, and the city is not allowed to run a deficit. That severely restricts options, and that’s the place we are in now. We’ve been through this before, back in 2010 when then-Mayor Parker faced a huge deficit caused by the downturn in the economy. She wound up laying off hundred of municipal employees. Police and firefighters were exempted from that, but this time it’s the firefighter pay parity referendum that is driving a big part of the deficit. Where should the cuts come from this time? You tell me.

One uncertainty appeared to stem from differences in educational requirements between the departments. For example, police officers must have a master’s degree to be promoted to assistant police chief, a stipulation that does not exist for assistant fire chiefs and fire marshals. Some firefighters may receive reduced raises due to the differing requirements, multiple council members said, explaining why the latest cost estimate of $80 million falls more than $30 million below Turner’s previous estimate.

There is speculation this will lead to a lawsuit. I’ve expected that from the beginning. And I fully expect it will still be litigated the next time the Mayor is on the ballot in 2023.

What’s wrong with the I-45 expansion plan?

Urban planner Jeff Speck, in a recent lecture in Houston, lays out the following problems with the planned I-45 expansion:

The brief list of negatives include:

I-45 will wreck your bayou parks.
I-45 will destroy wildlife habitat.
I-45 will make flooding worse.
I-45will impede neighborhood connectivity and access.
I-45 will reduce city revenues.
I-45’s bike facilities are a cruel joke.
I-45’s caps are not likely to succeed.
I-45 is so much money.

Other than that, though, I’m sure it’s fine. Chron writer Allyn West digs a little deeper into that last point.

In 2012, Houstonians were asked to vote on a $166 million proposition to pay for 150 miles of greenways along our bayous. In 2018, Harris County residents were asked to vote on a $2.5 billion proposition to pay for hundreds of projects that would help the entire region with flood control. This year, Metro says it will ask us to vote on a $3 billion proposition to pay for 20 miles of light rail extensions, 75 miles of bus rapid transit and other “systemwide improvements.”

The Texas Department of Transportation, too, is planning to spend $7 billion (and maybe more than that) to rebuild about 24 miles of freeways. The project will reshape roads between Midtown and Beltway 8, some of the most congested stretches in Texas, by merging Interstate 45 with Interstate 69 and rerouting them together northwest around downtown. Unlike with those greenways, flood projects or transit plans, TxDOT never had to ask permission from voters.

Because TxDOT doesn’t have to do that, its massive projects often ignore the reality of people on the ground — the thousands of Houstonians whose neighborhoods will be impacted both directly and indirectly as a result of the I-45 expansion.

“There has never been the same (political) pressure for specificity for highway projects,” Kyle Shelton, the transportation historian and the director of strategic partnerships at Rice University’s Kinder Institute for Urban Research, told me. Unlike transit, for example, freeways have historically been viewed and funded as a “public good.”

It should be noted that the city, the county, and Metro were and will be asking voters to authorize borrowing the money needed for those projects. Had they been funded out of their operating budgets, no vote would have been needed. The point West is making is that this makes the politics of these projects very different. TxDOT starts out with the assumption that it can do whatever it wants, as long as it goes through the regulatory approval process. TxDOT is required to solicit public feedback, and they do incorporate that into their designs, but it’s a lot harder to drum up public opposition and basically impossible to kill whatever it is they’re working on. That’s the nature of the system. It’s worth pausing for a moment and thinking about how the system might be different if, say, TxDOT and Metro – and we may as well throw in HCTRA and the other toll road authorities around the state – had identical hurdles to clear in order to build anything. I don’t know what that might look like, but it’s fair to say it would be different.

In the meantime, the final environmental impact statement for the I-45 project is now available on the project website. You have one last chance to give your feedback to TxDOT on it, so get moving before the 17th of March. Speck’s video will be available on the Kinder Institute YouTube channel, so go watch it when you can.