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Sylvester Turner

Now how much would you pay to fix Houston’s sewer system?

We may be about to find out.

Federal and state authorities sued the city of Houston over its long-running struggle to limit sewage spills on Friday, marking the beginning of the end of a years-long negotiation that could force the city to invest billions to upgrade its sprawling treatment system.

Houston’s “failure to properly operate and maintain” its 6,700 miles of sewer pipes, nearly 400 lift stations and 40 treatment plants caused thousands of “unpermitted and illegal discharges of pollutants” due to broken or blocked pipes dating back to 2005, the suit states. The city also recorded numerous incidents when its sewer plants released water with higher than allowable concentrations of waste into area waterways, the filing states.

The lawsuit by the Department of Justice on behalf of the Environmental Protection Agency and the Texas Commission on Environmental Quality wants a judge to force Houston to comply with the Clean Water Act and Texas Water Code — typical orders include upgrading pipes, ramping up maintenance and educating the public on how to avoid clogging city pipes — and to assess civil penalties that could reach $53,000 per day, depending on when each violation occurred.

[…]

The filing was spurred by the intervention of a local nonprofit, Bayou City Waterkeeper, which announced in July that it planned to sue the city over the same violations and which filed its own lawsuit on Friday mirroring the EPA’s claims. It states that the city has reported more than 9,300 sewer spills in the last five years alone.

“The city’s unauthorized discharges have had a detrimental effect on, and pose an ongoing threat to, water quality and public health in the Houston area and have caused significant damage to the waters that Waterkeeper’s members use and enjoy,” the nonprofit’s filing states.

Waterkeeper’s July announcement was required by the Clean Water Act, which mandates that citizens or citizen groups planning to sue under the law give 60 days’ notice, in part to allow the EPA or its state counterparts to take their own actions.

See here for the background. This has been going on for a long time, and the city has been in negotiation for a resolution to this. How much it will all cost remains the big question. The one thing I can say for certain is that no one is going to like it. As a reminder, consider this:

Upon taking office in 2004, former mayor Bill White locked utility revenues into a dedicated fund, raised water rates 10 percent, tied future rates to inflation, and refinanced the debt. That was not enough to prevent the debt mountain from risking a utility credit downgrade by 2010, when former mayor Annise Parker took office, so she passed a 28 percent rate hike.

Remember how much some people bitched and moaned about that rate hike? Get ready to experience it all again.

Distributing the VW settlement money

Good for some, less good for others.

Texas cities will soon get millions of dollars to help clean up air quality, but Houston officials say the plan for distributing all that money isn’t fair.

The money is coming from a settlement in the Volkswagen (VW) emissions cheating scandal. Local governments will be able to use the money to reduce emissions from their vehicles and other equipment.

The Texas Commission on Environmental Quality (TCEQ) plans to give the biggest chunk of the money – more than $73 million – to the San Antonio area, mainly because that city is closer than others to getting in line with federal pollution rules it’s currently violating.

Under the state’s plan, the Houston area, which has worse air quality, would get about $27 million.

The City of Houston says about a quarter of the cheating VW cars that were in Texas were driving in the Houston region.

“So we deserve at least a quarter of those funds, because we’re the ones that were harmed,” said Kris Banks, a government relations assistant with Houston Mayor Sylvester Turner’s office.

See here, here, and here for some background. Mayor Turner expressed his disenchantment with the amount allocated to Houston in a press release; you can see all of the city’s documentation on the matter here. The full TCEQ plan for the VW Environmental Mitigation Trust is here, or you can save yourself some time and read the Texas Vox summary of it. The TCEQ is still accepting feedback on the draft plan through October 8, so send them an email at VWsettle@tceq.texas.gov if you have comments. The Rivard Report has more.

Southwest Key sues city over permit for child detention warehouse

Screw them.

The Austin-based nonprofit trying to open a shelter to house migrant children east of downtown sued the city of Houston Friday, alleging a discriminatory, baseless and politically motivated campaign to prevent it from opening the facility.

Southwest Key Programs alleges in the lawsuit, filed in federal court in Houston, that the city is “manipulating” its permitting process, invalidating previously issued permits without due process and refusing to conduct inspections or issue new permits. The suit claims these actions are discriminatory based on some combination of the city’s opposition to federal immigration policies, interest in “political gain” or the race, color, national origin, ancestry, alienage or immigration status of the unaccompanied minors who would be housed there.

The lawsuit asks a court to grant Southwest Key monetary damages and declare that it can proceed with its plans to open the facility.

“The city of Houston has ignored its own regulations, and past practices, and has knowingly misrepresented the facts to the state of Texas to deny Southwest Key a license to open the facility,” Southwest Key said in a statement released Friday. “City officials bent the rules and broke the law for the sole purpose of advancing the mayor’s political agenda.”

[…]

“The city is only interested in the safety, security and well-being of children and will continue to enforce all building codes and regulations designed to accomplish that purpose,” Mayor Sylvester Turner said in a statement. “Southwest Key has repeatedly been asked to provide plans that meet existing building codes for the intended use of the facility at 419 Emancipation Street in Houston. They have failed to do so. Hopefully, they will realize that they are not exempt and must follow the rules like everyone else. We continue to wait for them to respond. In the meantime, we will review the pleading and respond accordingly.”

See here and here for the background, and here for the Mayor’s statement. I have no idea if Southwest Key’s claims have any validity, and to be honest I don’t care. Southwest Key can go fuck themselves.

HFD Chief warns of layoffs

To be fair, this isn’t the first time we have heard this.

Houston Fire Chief Sam Peña on Tuesday warned of dire consequences — including possible layoffs of more than 800 firefighters and deferred maintenance or upgrades on aging equipment, if voters approve the firefighters’ pay parity initiative on the November ballot.

Peña’s warning came during a City Council Committee on Budget & Fiscal Affairs meeting to provide city leaders with their first look at how the Houston Fire Department might handle the costs of the ballot measure, which proposes to raise firefighter pay to that of their police peers.

In its latest estimate, the Turner administration says approval of the referendum would cost the city $98 million in its first year and would lead to cuts at the fire department as well as in other city agencies.

“A reduction of this size in personnel cannot be accomplished without a major restructuring of the current operations,” said Tantri Emo, director of the city’s finance department. Emo said the city’s $98 million estimate million came from comparing salaries of firefighters and police at similar ranks, and said the city did not yet have estimates that might factor in costs to the city’s pension system.

Houston Professional Fire Fighters Association President Marty Lancton questioned the city’s calculation on how much pay parity would actually cost taxpayers. Lancton repeated past assertions that the city refused to negotiate or work with firefighters on issues ranging from pay to operations to equipment, but he did not provide the union’s cost estimates.

Emphasis mine. We all agree that this referendum will cost the city some money if passed, right? I mean, there’d be literally no point for the HPFFA to push for it if it didn’t mean higher pay for their members. As such, the fact that the union has refused to provide their own number whenever the city has cited one is telling. Obviously, the firefighters are going to argue that the city is exaggerating the cost, and they’re very likely correct about that. But it’s one thing to say “oh, it will only cost $10-20 million”, which the city probably could afford with at most minimal cuts, and another entirely to say “oh, it will only cost $50-60 million”, which the city can’t do without real cuts and starts to sound pretty expensive besides. If the firefighters can’t or won’t provide their own estimate of how much this will cost the city – and let’s be real, they most certainly do have their own estimate – then the city’s number is the one we must accept. And that’s a number that will absolutely lead to job cuts, including among HFD’s ranks.

Will this affect the outcome of the election? Maybe, if the city can get that message out. Holding a few town halls is nice and appreciated, but it’s not going to spread the message far and wide. Remember, nearly 400,000 ballots were cast in the city in 2010, with over 330K votes tallied in the Renew Houston and red light camera elections. You’re not going to reach that many people without significant outreach, and so far all I’ve seen is one pro-firefighter web ad. If there’s a campaign in the works, it’s going to need to get going soon.

Town hall meetings for city referenda

From the inbox:

Mayor Sylvester Turner

MAYOR TURNER INVITES CITY RESIDENTS TO TOWN HALL MEETINGS ABOUT THE 2 PROPOSITIONS ON THE NOV. 6 CITY BALLOT

Mayor Turner urges all voters who live in the city to learn about the Rebuild Houston and fire pay referendum elections on the Nov. 6 ballot.

He will host the following meetings from 6:30 7:45 p.m.:

–– Wednesday, Sept. 5 – District C –  Metropolitan Multi-Service Center, 1475 West Gray, 77019
–– Monday, Sept. 10  – District H – Moody Park, 3725 Fulton, 77009
–– Wednesday, Sept. 19 – District J – Sharpstown Community Center, 6600 Harbor Town, 77036
–– Thursday, Sept. 20 – District B – Kashmere MSC, 4802 Lockwood, 77026
–– Monday, Sept. 24 – District A – Trini Mendenhall Community Center, 1414 Wirt Road, 77055
–– Wednesday, Oct. 3 – District D – Sunnyside Metropolitan Multi-Service Center, 9314 Cullen, 77051
–– Thursday, Oct. 4 – District I – EB Cape Center, 4501 Leeland, 77023
–– Monday, Oct. 8 – District F – Alief Community Center, 11903 Bellaire Blvd., 77072
–– Wednesday, Oct. 17 – District K – Fountain Life Center, 14083 S. Main, 77035
–– Thursday, Oct. 18 – District G, Walnut Bend Recreation Center, 10601 Briar Forest, 77042

Mayor Turner will make the same presentation at District E meetings hosted by Council Member Dave Martin from 6:30 to 8:30 p.m.

–– Tuesday, Oct. 9 at the Kingwood Community Center, 4102 Rustic Woods Drive, Kingwood 77345
–– Tuesday, Oct. 16 at Space Center Houston, 1601 E. NASA Parkway, Houston 77058

Sorry about the late notice, but this just hit my inbox yesterday, though there was a press release for it last week. Note that the press release I linked to is incorrect about the start date for early voting. It begins October 22, which was correctly noted in the release I got in my mailbox. I’m very interested in seeing what kind of a campaign there is for and against this, but in the meantime there’s this.

Looking beyond HISD’s one year reprieve

As we know, HISD has been in danger of sanctions from the TEA, which could include a state takeover of the district, because of several schools that had rated as “improvement needed” for multiple years in a row. They managed to avoid that fate for this year as most of its schools were granted waivers due to Harvey, while the schools that weren’t exempted met the mandated standard. Next year, however, the schools that received waivers will have to measure up or the same sanctions will apply. As a result, local officials are planning ahead for that possibility.

Local civic leaders are considering whether to form a nonprofit that could take control of several long-struggling Houston ISD schools in 2019-20, a potential bid to improve academic outcomes at those campuses and stave off a state takeover of the district’s locally elected governing board.

Members of Houston Mayor Sylvester Turner’s administration, education leaders and prominent philanthropic and business organizations have convened periodically over the past few months to research and sketch out frameworks for a nonprofit capable of governing some HISD campuses. The discussions remain preliminary — no plans or proposals have been formulated — but local leaders say they their efforts will become more urgent and public in the coming months.

The nonprofit would partner with HISD through a recently passed state law commonly known as SB 1882. Under the law, school districts temporarily can surrender control over campuses to an outside organization — including a nonprofit — in exchange for a two-year reprieve from state sanctions tied to low academic performance, an extra $1,200 in per-student funding and some regulatory breaks. If HISD does not engage in an outside partnership this academic year at four chronically low-performing schools this year, the district risks state sanctions in 2019 if any of the campuses fail to meet state academic standards.

Juliet Stipeche, the director of education in Turner’s administration, said a nonprofit “seems like the wisest catalyst” for a potential private partnership with HISD. Stipeche, an HISD trustee from 2010 to 2015, is among the lead organizers of early talks about a nonprofit.

“Our office is trying to bring together a very diverse group of people to find a new way of partnering with the school district,” Stipeche said. “There’s a clear, obvious sense of urgency given the situation that we have, but there’s also an understanding that this needs to be a long-term project.”

[…]

Houston-area leaders involved in talks about forming a nonprofit for an HISD partnership said many questions remain answered: Who would serve on the nonprofit’s governing board? How would board members be chosen? How would community members engage in the nonprofit’s formation? Who would manage day-to-day campus operations? Which schools would fall under the nonprofit’s purview?

To gain support for a private partnership, local leaders will have to clear several hurdles. They likely will have three to six months to craft governance plans and an academic framework for campuses, a relatively short time frame. They will have to get buy-in from several constituencies that often clash politically, including HISD trustees, school district administrators, teachers’ union leaders and residents in neighborhoods with schools facing takeover. The TEA also would have to approve any proposals.

“We need to be taking advantage of the next year,” said Bob Harvey, president and CEO of the Greater Houston Partnership, the region’s largest business advocacy nonprofit. “We need to work very aggressively. It will take time to put something like this together.”

See here for some background, and here and here for what happened when HISD looked at this kind of solution earlier this year. I guess the first hurdle I’d like to be cleared is an answer to the question of how any theoretical partnership will help these schools succeed beyond what HISD has been able to do with them. In some sense this doesn’t matter since this is one of the options that the Lege mandates, and it’s the option that retains the most local control, which I agree is the better choice. There’s also the option of persuading the Lege to make some changes to SB 1882, which is something that Rep. Garnet Coleman has been talking about. Let’s focus on the bigger picture of getting the best outcome, and go from there.

Cyber insurance

Seems like a good idea.

Houston City Council on Wednesday unanimously agreed to spend $471,000 on cyber insurance, becoming the latest Texas municipality trying to bolster its response to growing technological risks.

The insurance can cover up to $30 million in expenses related to security breaches in the city’s network, including crisis response, recovery of losses and answers to legal claims stemming from cyberattacks.

While some data breaches are preventable, the prevalence of cybersecurity threats against city governments nationwide prompted Houston to take steps to insure itself, said At-large Councilman David Robinson, chairman of council’s Transportation, Technology and Infrastructure committee.

“There are those things that are just beyond the reach or scope of expected due diligence and preparation,” Robinson said. “You need to be prepared for the unknown.”

In the event of a cyberattack, such as hacking or phishing, in which people pose as trustworthy sources to obtain money or information, the insurance coverage could pay for crisis management resources, computer forensics, credit monitoring and call center services.

After a security threat is detected, the new policy could cover any loss of income or expense from the interruption of computer systems, according to council background materials outlining the insurance. It could be used to pay the cost of restoring or recollecting data affected by a cyberattack, as well the cost of investigating threats. The insurance policy also can be used for liability claims made against the city for failing to protect data or prevent access to confidential information.

This makes sense. Of course, as an organization you want to do everything you can to prevent an incident, but as we say in the business, it’s not a matter of if you’ll get hacked, it’s a matter of when. Like what happened to Harris County earlier this year. All of your vendors and suppliers and business partners are potential avenues for compromise, too. While I hope we’ll never need to use it, this is a smart investment.

Appeals court allows city to post video of pay parity hearing

Probably doesn’t matter much at this point, but there it is.

Mayor Sylvester Turner

A Texas appeals court on Thursday ordered a state district judge to rescind his temporary restraining order requiring the city of Houston to remove video from its website that depicted a public city council committee hearing over a proposal to grant firefighters “pay parity” with police.

District Judge Kyle Carter should not have blocked the city from posting the video of the committee hearing because it is not clear the meeting constituted illegal electioneering, as the Houston firefighters union had alleged, the 14th Court of Appeals justices ruled.

That restraining order had expired last week anyway, said Cris Feldman, an attorney for the firefighters union, adding that the decision does not preclude a court from coming to the same conclusion that Carter did after further hearings in the case.

[…]

The section of state law banning local governments from using public funds to advocate for or against ballot measures was not intended to restrain public discussion of such issues, the justices wrote Thursday.

“It was not unreasonable or unexpected that statements tending to indicate support for, or opposition to, the charter amendment might be voiced at the meeting,” the nine-page opinion states. “Public funds were not being used for political advertising by making the meeting video publicly available, even though an incidental effect of posting the video on the city’s website may be to re-publish statements supporting or opposing the charter amendment.”

See here for the background, here for the Mayor’s statement, and here for a copy of the opinion. As noted, the TRO had expired on August 14, and the Chron posted their own copy of the video shortly after Judge Carter handed down his opinion, so this is all mostly academic. It may mean something after the election when the lawsuits over the wording of the referendum gets filed, but until then it’s mostly a warm-up exercise.

A better match from FEMA

Good news.

Federal officials have agreed to count volunteer work hours and donated materials toward the local match required for disaster recovery grants to repair streets, buildings, utilities, parks and other public facilities — a national policy change, initiated in Houston, that could save local governments tens of millions of dollars.

The Federal Emergency Management Agency agreed to expand its acceptance of volunteer hours and donated supplies after months of discussions with leaders of Houston’s Hurricane Harvey recovery effort. The change is retroactive to Aug. 23, 2017 — two days before the official declaration of Harvey as a major disaster.

Typically, local governments must match 25 percent of the federal government’s contributions during a disaster and its aftermath, and only can count volunteer hours and donated materials toward that match in the removal of storm debris and immediate emergency response efforts, such as sheltering victims. For Harvey, the Trump administration agreed to drop the local match to 10 percent.

Even with the change, Mayor Sylvester Turner said, Houston will still be responsible for a projected local match of $250 million.

“For the first time in FEMA’s history, they are allowing this volunteer program on permanent repairs to be used as a part of that 10 percent local match, and they’re not only allowing it for the city of Houston — for our region — but it’s a national initiative that they would allow in all other disasters now going forward,” Turner said. “That’s a monumental shift, because most local governments are hard-pressed to come up with that 10 percent match.”

There are still a lot of details to work out about what kind of work would count, how to track it and tally it up, and how to ensure that federal procurement rules are obeyed, but the decision to go this way will be a big help to Houston and other communities rebuilding after disasters. Kudos to all for making this happen.

The firefighter pay parity referendum won’t be decided by the voters

it will be decided by the courts. Here’s a story out of Austin to illustrate.

Former Travis County judge Bill Aleshire has sued the city of Austin in the Texas Supreme Court, challenging the ballot language of a proposition up for a local vote in November.

The lawsuit filed Monday challenges ballot language related to Proposition K, which calls for an outside audit of government efficiency at City HallThe Austin City Council approved the ballot wording last week.

At that council meeting, some supporters of the proposition bristled at the language, which includes a cost estimate for the audit of between $1 million and $5 million. Proposition backers complain the inclusion of the cost estimate will bias voters against the measure because the wording does not mention any possible savings that could result from an audit.

You can follow the links and read the writ, which is embedded in that Statesman. I don’t care about any of that. My point here is that while Council has voted to put the measure on the ballot, we don’t have ballot language yet. Does anyone think for even a minute that the language that Mayor Turner will provide and Council will approve will be satisfactory to all of the stakeholders in this fight? Does anyone think it is possible for this referendum to be a) simple enough for everyone to be clear on what they’re voting on, and b) thorough enough for it to adequately cover all the relevant details? These were the points of contention in the lawsuits over the term limits referendum, and the Renew Houston referendum. I’ve said this before and I’ll say it again: The losing side in this vote, whichever side it is, will file a lawsuit arguing that the ballot language was inadequate, inaccurate, unintelligible, whatever else. Given the lifespan of the Renew Houston battle – which as you know is still not over – we’ll be handing this fight off to the next Mayor, and that is very much assuming a second term for Mayor Turner. On top of all of the other reasons why this is a bad idea, this is why this is a bad idea.

ReBuild re-vote approved

Add another item to the ballot.

Mayor Sylvester Turner

City Council on Wednesday unanimously agreed to put the controversial street and drainage program known as ReBuild Houston before voters again in November, but not before tweaking the ballot language in hopes of avoiding future court challenges.

The Turner administration should find out quickly if they were successful.

The lawyer who represented the conservative plaintiffs who got the Texas Supreme Court to throw out the original 2010 charter amendment already has asked a judge to force the city to include ballot language specifically stating that drainage fees will be imposed on and paid for by property owners.

[…]

Turner, however, has said approval of the charter amendment would be limited, calling it an an affirmation of “what already is,” and saying it simply would solidify a dedicated source of funding to continue the ReBuild Houston program as it is being run today. The drainage fee, which is a key part of the program, is not at risk in the November referendum because it was created via city ordinance, not by the 2010 charter amendment.

“I think we all support a dedicated source (of funding),” Turner said Wednesday. “I think we all support the emphasis being placed on drainage, flooding and streets … We’re all passionate about it, but I think there is more agreement than disagreement around this table.”

See here for the background. I confess, it’s not clear to me what the stakes are in this vote, just as it’s not clear to me what the neverending litigation is about. As the story notes, Council voted to approve an ordinance that instituted the fee. Even with the obscure stakes, I doubt there’s any ballot language short of language written by Andy Taylor himself that would satisfy Andy Taylor and his flood-loving plaintiffs. I’d put something on like “ReBuild is what we say it is, mofos”, but then that’s probably why I’m a blogger and not a public official. Be that as it may, a-voting we will go this fall. KUHF has more.

July 2018 finance reports: City of Houston

Every level of government requires finance reports in January and June, whether or not there is an active election cycle in that year. That includes the city of Houston, whose january report data we inspected here. Our next election is in 2019, and while this is still traditionally a little early for there to be much activity, there are the finance reports. Here’s what we’ve got:


Candidate       Office    Raised      Spent     Loan    On Hand
===============================================================
S Turner         Mayor   585,267    137,758        0  2,260,407

C Brown     Controller    13,070     17,650        0     59,164

M Knox      At Large 1    28,225     12,691        0     62,856 
D Robinson  At Large 2    61,650     21,468        0    162,079
M Kubosh    At Large 3    72,475     23,841  276,000     82,360
A Edwards   At Large 4    40,345     26,349        0    147,883
J Christie  At Large 5     3,263      6,055        0     25,918

B Stardig       Dist A    56,439     24,738        0    116,794
J Davis         Dist B    22,750     12,487        0    147,300
E Cohen         Dist C    33,990     18,591        0     57,264
D Boykins       Dist D   126,000     55,556        0     96,400
D Martin        Dist E    43,900     17,226        0    123,730
S Le            Dist F     4,000      6,445   30,823     10,570
G Travis        Dist G    69,468     81,775   21,000     56,571
K Cisneros      Dist H    34,399      5,660        0     49,176
R Gallegos      Dist I    32,875     21,319        0     80,288
M Laster        Dist J    20,330      7,524        0    173,358
M Castex-Tatum  Dist K    15,375        339    3,788     43,822

A Parker                       0     10,383        0     82,854
L Green                    5,500     42,118        0     40,492
Lift the Cap PAC               0          0        0      3,987
Citizens to Keep               0      1,803        0     47,564
 Houston Strong

As you may recall, there wasn’t much in the way of fundraising for anyone except Mayor Turner last time. I don’t know if it’s due to the time of year, the approach of the next election, or the overall political climate, but as you can see nearly all of our elected officials have been busy. The report for Martha Castex-Tatum, who was elected in May to succeed the late Larry Green, is in a shorter period than everyone else since she had to post 30-day and 8-day reports for her cycle; the others are all for the full January through June time frame.

Looking at these numbers, only Jack Christie has acted like the term-limited Member that he is. Brenda Stardig, Jerry Davis, Ellen Cohen, and Mike Laster have been more or less business as usual. I’ve speculated before about the possible future ambitions they may have, and I don’t have anything to add to that. I’m sure there’s a reason why the three non-Cohen members have been stockpiling the loot like this, but until they do something tangible it’s hard to say what that might be.

Which doesn’t mean we can’t speculate at all. I look at what Dwight Boykins and David Robinson are doing and I wonder a little. Both are on the ballot next year for their final terms (as always, modulo future rulings in the interminable term limits litigation), and while Robinson had to fend off four challengers and win in a runoff in 2015, Boykins cruised home unopposed. It could be that Robinson is merely gearing up for the next battle while Boykins is doing his best to keep potential opponents at bay. It could also be that they’re looking beyond their next term to a time when both the Mayor’s office and the Controller’s office will be open seats. I have no idea and no evidence – like I said, I’m just speculating. Dave Martin is also in that “one more term and has a lot of cash” group, but we don’t tend to elect Mayors who fit Martin’s political profile, though perhaps Controller might appeal to him.

Be all that as it may, this is the first time since we switched to four-year terms and no blackout period for fundraising that we’ve seen incumbents establish a clear financial advantage for themselves. No one on the outside has yet taken a concrete step (like designating a campaign treasurer and raising their own money) towards running for a Council seat, but do keep in mind there are several now-former candidates for Congress in town who likely have some cash remaining in their coffers (sorry, I’m only checking on still-active candidates). Surely it would not be a surprise if one or more of them decided to act more locally next year. Given that possibility, it’s hard to blame any of the members who are up for re-election next year to take precautions.

The remaining reports I included because they’re there. As we learned after the death of El Franco Lee, the remaining funds in Larry Green’s campaign account are to be distributed by his campaign treasurer, whose name is Kevin Riles. As we see from Lee’s July report, there’s no particular rush to do whatever that turns out to be. I don’t remember what Citizens to Keep Houston Strong was about, but Bill White is their treasurer. I’m sure we’ll see plenty more PACs and PAC activity as we move towards referenda for firefighters’ pay parity and the revenue cap.

The long range plan for municipal waste

Something you probably missed (I know I did) from recent City Council action.

Last week Houston City Council voted to hire a company that will help local officials create and adopt a long-range waste and recycling plan. This wasn’t all over the news, but it is indeed a big deal—and a significant victory for Texas Campaign for the Environment that was years in the making. It could put Houston on a path to become the largest city in Texas working toward a Zero Waste future!

Most of the rest of the article recounts the fight over One Bin For All, followed by the fight over Mayor Turner’s original proposed recycling deal, which was eventually sent out for a rebid. True to what author Roseanne Barone writes, I couldn’t find any news about this, but you can see the Council agenda item in question here. I don’t know how long this will take to turn into a report for review, but given the way these things go it will either be breathtakingly ambitious but likely infeasible, or overly cautious and thus criticized by disappointed supporters. We’ll keep an eye out for it.

Rape kit lawsuit dismissal will be appealed

To be expected.

Two women who on Friday lost a lawsuit against the City of Houston and a variety of officials over a rape kit backlog will file an appeal, an attorney for the women announced in a news release on Tuesday.

[…]

[Attorney Randall] Kallinen has argued in court that the backlog was “a violation of the due process, equal protection and unreasonable search and seizure clauses of the Texas and United States Constitutions.”

In a news release last Friday, the City of Houston pushed back against those claims, saying that “the plaintiffs did not allege any violations of rights guaranteed by the Constitution, nor did they raise any other legal grounds to hold Houston and its current and former officials responsible.”

The city also argued that there was no longer a rape kit backlog, rendering the women’s legal claims “six years too late.” Two private laboratories eliminated that backlog in 2013 and 2014, the Chronicle previously reported.

In an interview, Kallinen pushed back against this argument, arguing that the women were not aware their rape kits had any problems until police contacted them and that “the statute of limitations should be delayed” as a result, citing what he called “the discovery rule.”

See here for the background. I have no expertise on the legal questions being raised here. My primary interest is in ensuring that we never have another rape kit backlog like this again. It’s shameful enough that it has happened before (twice, in fact). There’s no excuse for it ever happening again.

Firefighter pay proposal officially on the ballot

As required.

Houston voters in November will choose whether to grant firefighters pay “parity” with police of corresponding rank and seniority.

After weeks of wrangling over the issue — including angry debates, rare legislative maneuvers and allegations of electioneering — the city council voted unanimously Wednesday to place the proposal before voters Nov. 6.

Mayor Sylvester Turner initially gave council the option of scheduling the vote in November 2019 instead, but ultimately pulled that item from the agenda. Still, Turner repeated his concerns about the idea on Wednesday, saying it will cost the city $98 million a year and force layoffs.

The mayor said he intends to host a town hall meeting in each of the 11 council districts before November to educate voters on the issue.

“I don’t have a money-making machine,” Turner said. “I agree they deserve a pay raise, but the question is, what is our ability to pay?”

[…]

Councilman Dwight Boykins was among those who voiced support for the measure, suggesting that the city’s voter-imposed cap on property tax revenues be adjusted to help cover the cost. Boykins also floated the idea of imposing a monthly garbage fee; Houston is the only big city in Texas without one.

Turner and some other council members were, at best, reluctant to embrace those proposals.

Other council members’ concerns took various forms. Councilman Greg Travis suggested the Turner administration and the firefighters were engaged in a game of chicken in which all Houstonians would lose. Councilwoman Brenda Stardig bristled at Turner’s “threats” to cut services if the proposal passes, saying it was a breakdown in contract talks that led the firefighters to push for parity. Councilman Mike Laster, meanwhile, worried the item’s passage would have “serious unintended consequences for firefighters themselves.”

You know the background, but see here for a recent relevant post anyway. I’m going to vote against this, not that it really matters since the inevitable ballot language lawsuit only lacks a plaintiff at this point. I’ll be interested to see who takes what side in this fight – CM Boykins is the first elected official I’ve seen publicly support the idea – and how nasty it gets. Who’s going to run an anti campaign, and who’s going to contribute money to one or the other?I look forward to the 30 day reports. KUHF has more.

Rape kit backlog lawsuit dismissed

Interesting.

A federal judge has dismissed a 2017 lawsuit two rape victims filed against Houston’s current mayor and police chief and five sets of predecessors, among others, for allowing a backlog of rape kits to accumulate over decades without being tested, arguing that failure ensured the plaintiffs’ attackers were on the street when they otherwise could have been behind bars.

Both women were raped by serial offenders whose DNA had long been in police databases, but who went unidentified until Houston paid two private laboratories to erase its backlog of more than 6,000 untested kits in 2013 and 2014.

The plaintiffs sought damages, saying city officials violated their rights to due process and equal protection, and that officials illegally took her property and violated her personal privacy and dignity under the Fourth Amendment.

U.S. District Judge Vanessa Gilmore dismissed the case, saying the suit had not been filed quickly enough and that the plaintiffs’ claims did not cover rights guaranteed by the Constitution.

See here for the background, and here for the Mayor’s press release. Not clear at this time if the plaintiffs intend to appeal the ruling, but that’s always a possibility. The city is working to eliminate another backlog, and I very much hope that includes a more long-range plan to prevent backlogs from occurring in the future. The city – and the county, and the state, and Congress – should not need to be coerced into doing this properly.

ReBuild re-vote

Sort of. It’s complicated.

Mayor Sylvester Turner

Eight years after voters narrowly backed the idea, the controversial street and drainage program known as ReBuild Houston is expected to appear again on the November ballot in the form of an amendment to the city charter.

The immediate outcome of the election, however, may be unusually muted: Mayor Sylvester Turner said he will implement the program as it is being run today even if voters repeal the legal language that would force him to do so. The drainage fee at the heart of the program also is not at risk in the election.

“We are simply saying in November to the voters: Go and reaffirm the dedicated purpose for which this fee is intended, put a lockbox around it,” Turner said. “Voters are not being asked to increase the fee or create another fee, just to reaffirm what already is.”

[…]

Responding to a directive from Turner ahead of the fall referendum, [Houston Public Works Director Carol] Haddock said Public Works leaders are re-evaluating how ReBuild money is allocated, with the intention of placing greater weight on the drainage needs associated with a project.

“What the mayor is saying is, back in 2010, this was sold on flooding and drainage. What he’s told me is that 50 percent of the money needs to go into projects that were identified for the purposes of solving flooding and drainage,” Haddock said. “Within the confines of what’s written on the ballot language, we can shift those percentages and we can go to what was promised to the public and we can reformulate this program, reaffirm it, in what they originally bought into.”

Turner said there is much about the program he does not intend to change, noting he sees benefits to pay-as-you-go financing.

He also said that in the context of Harris County’s $2.5 billion flood bond election on Aug. 25 and incoming federal funds tied to Hurricane Harvey, it is not necessary for the city to take on more debt to try to fix the region’s inadequate infrastructure by itself.

“We don’t necessarily have to take a look at another approach,” Turner said. “We just have to tie in with things that are already taking place or in progress.”

See here for my last update regarding ReBuild Houston and the ongoing litigation over it, for which the last court action was in 2015. There was an effort to force something on the ballot last year, but it didn’t happen. We’ll need to see the language for this referendum to get an idea of what it’s about, to be followed of course by the usual threats of more litigation from the usual sources. All of this is starting to make my head hurt, so stay tuned for the August 8 Council meeting, at which some of this I hope will be made more clear.

Firefighters file suit over handling of pay parity proposal

I figured we’d have to wait till after the eventual vote on the firefighters’ pay parity proposal for there to be litigation over it, but no.

Mayor Sylvester Turner

The union representing Houston firefighters sued Mayor Sylvester Turner and a City Council member on Monday, alleging the officials are improperly using public resources to oppose a “pay parity” ballot initiative.

The Houston Professional Fire Fighters Association accuses Mayor Turner and Council Member Dave Martin, who represents Kingwood, of campaigning against the ballot initiative, which would tie firefighter pay to that of Houston police officers of comparable rank and seniority.

The union argues it is a violation of the Texas Election Code and is asking for an injunction that would prohibit the officials from “continuing to post such political advertising on the City of Houston website.”

The mayor’s declined to comment Monday evening.

See here for the background. On Tuesday, they got a result.

Judge Kyle Carter agreed with the Houston fire union’s argument that the city council’s July 26 budget committee meeting constituted an act of illegal electioneering against the proposal and that public resources, essentially, had been used to present and post a political advertisement. The Houston Professional Fire Fighters Association sued Mayor Sylvester Turner and Councilman Dave Martin, who chairs the budget committee, over the issue on Monday.

“There is a fair way to go about voicing your opposition and creating a campaign against a certain resolution and then there’s an unfair way,” Carter said in delivering his Tuesday morning decision. “Much of the hearing, I thought, was informative and served its purpose. However, there was a good portion of the hearing that … went beyond the pale.”

He did not elaborate on what comments he thought went too far.

Carter ordered attorneys for the city and the fire union to discuss what portions of the tape could be returned to the city website after the offending portions were redacted. The order, as issued, is valid through Aug. 14.

[…]

Buck Wood, an Austin-based public law attorney who helped pass Texas’ first open meetings and open records laws in 1973, said he had never heard of such a ruling in his 50 years of practice.

“Making your position known in a public forum is the essence of what the open meetings law is all about. Not only that, assuming it gets filmed by the city, it’s an open record and you can go get it under the public information act. That’s the whole idea,” Wood said. “The fact that they don’t like what the mayor and the council are saying doesn’t make any difference. That’s content censorship. I never heard of such a thing.”

Joe Larsen, a Houston lawyer with 25 years of experience in open meetings and open records law, agreed. Larsen said he can see such a committee discussion being problematic if its agenda was not posted properly or if the issue being discussed was irrelevant to the committee’s focus, but he said he cannot otherwise envision a way in which such a hearing could constitute electioneering.

“I don’t see how it could be,” he said. “What’s wrong about people taking a public position? How do you restrict your public officials on what they’re going to discuss? That can’t be the right result.”

“That is the equivalent of a 25 percent pay raise for firefighters which the city cannot afford,” Turner said. “The public has a right to listen to the public hearing and we will vigorously challenge the judge’s ruling.”

Not really sure what the practical effect of this ruling is. I mean, how much traffic do those committee hearing videos get? There was an earlier version of this story in which the Mayor referred to the proposal as “the equivalent of a 25 percent pay raise for firefighters which the city cannot afford”, a quote he repeated later on KUHF. The firefighters may have gotten this ruling – which the Mayor says he will appeal – but Turner get the opportunity to keep making his case against the firefighters in the news. Not sure that’s a great tradeoff for the firefighters.

Houston to get 5G service

Nice.

Verizon will soon launch 5G technology in Houston, though its initial focus won’t be on improving the performance of mobile devices.

Rather, the wireless provider is positioning itself to compete with Comcast and AT&T for streaming television, playing video games or telling Alexa to turn on the lights.

Verizon officials said Tuesday that they will introduce residential 5G broadband starting in the second half of this year, using radio signals, rather than copper or fiber cables, to provide internet and phone services to the home. Houston is the third city announced as part of a four-market plan that also includes Sacramento and Los Angeles, Calif.

“It really comes down to not wanting to be left out of the loop, and 5G is what allows them to not get cut off,” Moor Insights & Strategy analyst Anshel Sag said.

People spend much of their days on their smartphones, but once they get home they connect to Wi-Fi rather than use their data plan. The new 5G technology provides a cheaper opportunity for wireless providers to enter that broadband market.

Theoretically, 5G will be able to achieve speeds of tens of gigabits per second, though most companies talk initially about 1 Gbps to 2 Gbps speeds. While variables from weather to terrain to buildings can affect 5G performance, the new technology is still expected to be much faster than current cell service — LTE speeds are typically in the 10-to-150 megabits per second range — and could potentially outstrip even the fastest home broadband currently available.

Dwight Silverman goes into more detail about what this means for end users, the tl;dr version of which is more options for home broadband beyond AT&T and Comcast. Potentially, anyway, and starting sometime in 2019, as this is all still more or less vaporware. But it’s coming, it’s better than what we’ve got now, and it should give you more choices in the marketplace.

Council discusses firefighter pay parity proposal

It will cost some money if it passes.

Houston Fire Chief Sam Peña said Thursday that his firefighters deserve raises, but he would be hard-pressed to maintain his department budget without reducing his ranks if voters approve a measure granting firefighters “pay parity” with police.

“This is not a scare tactic,” Peña told a city council committee. “They’re simple numbers. In order to deliver the expected service this community wants we’re going to have to do restructuring. Even at that, I won’t be able to meet the entire gap.”

Peña’s comments were in response to questions during a city council committee meeting Thursday in regard to a proposed “pay parity” measure the Houston firefighters union wants to appear on the November ballot.

Others, including city officials, business leaders and police union members, told the committee that passage of the parity measure would force the city to cut services and lay off workers and could risk a credit downgrade for City Hall.

[…]

The firefighters union wants the referendum on the November ballot, but Turner said he will let the council choose the election date at its Aug. 8 meeting. The deadline for getting something on the November ballot is Aug. 20.

Turner this week said the committee hearing was intended to be informational.

“When you’re talking to your constituents and they ask you approximately how much this will cost, I’d like to think you’ll want to have an answer,” he told the council Wednesday.

See here for some background, and here for an earlier story about the Council meeting, which was not the very special meeting that failed to reach a quorum. The firefighters are correct that Council has a duty to out the measure on the ballot, and to do it any later than this November would justifiably be seen as another stall for time. Their complaints about Council discussing the price tag rings hollow to me, given 1) the lack of clarity of how a pay parity proposal would be implemented; 2) the experience of other cities that have done this; 3) the potential impact on pension costs; and 4) the city’s overall financial picture. You know how I feel about this, and let me note again the certainty that someone will file suit over the ballot language no matter how the vote goes. I agree with Campos that the fight over this issue will be contentious, with the police department and the Greater Houston Partnership siding with the city against the firefighters. It’s not great to contemplate, but it’s pretty much baked in at this point. We’ll see what Council does on August 8.

No quorum for very special Council meeting

Close, but no cigar.

A handful of city council members who organized a rare special meeting to push for a Houston firefighters petition seeking pay “parity” with police to appear on the November ballot fell short of a quorum Friday and broke up without a vote.

The resolution they had put forward called on Mayor Sylvester Turner to let the council vote at its meeting next week to place the parity petition on the ballot.

Turner told one council member last Friday that he planned to have that discussion at the Aug. 8 council meeting, but word of that plan had not reached the full council Monday when members Greg Travis, Michael Kubosh, Brenda Stardig, Martha Castex-Tatum and Dwight Boykins signed a memo calling the special meeting.

[…]

No more than seven members reached the council chamber Friday morning, two short of the count necessary for a quorum, so Councilwoman Brenda Stardig called off the effort after 15 minutes.

Signatories Travis, Kubosh, Stardig and Boykins were present, though Boykins grew impatient and left. Council members Mike Knox, Steve Le and Dave Martin also were present. Castex-Tatum did not attend.

Martin had said he would skip the gathering, but the New Orleans native acknowledged he showed up in Cajun mode, spoiling for a fight.

See here for the background, and here for Mayor Turner’s statement. CM Martin did indeed mix it up, getting into squabbles with CMs Travis and Kubosh, which I encourage you to read. If more Council meetings had that kind of entertainment, I’m sure more people would tune in to them. There will be a Budget Committee hearing, followed by a Council vote on August 8, and we’ll have this thing on the November ballot.

Darian Ward indicted on charge of violating public information laws

Wow.

Mayor Sylvester Turner’s former press secretary, Darian Ward, was indicted by a grand jury this week for failing to turn over public records in response to a reporter’s request late last year.

The indictment, handed up Tuesday but released by Harris County District Attorney Kim Ogg’s office Thursday, says Ward, in “misrepresenting” the number of emails responsive to a reporter’s request for correspondence about her personal business activities, “unlawfully, with criminal negligence … failed and refused to give access to … public information.”

Ward resigned in January, weeks after news broke that she had been suspended for withholding the records, and because the records showed she had routinely conducted personal business on city time.

[…]

“Mayor Turner expects every city of Houston employee to comply with the Texas Public Information Act,” mayoral spokeswoman Mary Benton said, noting the mayor was on a trade mission to South America. “Questions about today’s grand jury decision should be directed to the Harris County District Attorney’s office.”

She is charged with failure or refusal by an officer for public information to provide access to public information, a misdemeanor punishable by a fine of up to $1,000, six months in jail or both.

The indictment first was reported by KPRC Channel 2.

[…]

Kelley Shannon, executive director of the Freedom of Information Foundation of Texas, said it is common for officials to stall the release of records or impose unreasonable charges for the documents’ release without technically violating the law, and many more — typically unprovable — cases in which requesters suspect the act is being violated.

“It is very important that officials are taking the Texas Public Information Act seriously,” Shannon said. “Whatever comes out of this indictment, it shows that attention is being focused on the Public Information Act and the importance of adhering to the act.”

See here and here for some background on Darian Ward’s end of tenure with the city. I’m irresponsibly speculating well in advance of any evidence, but I would not be surprised if this winds up with a plea deal and a minimal fine. Whether that sets an example for adhering to the Public Information Act or not is up for debate, but I will agree that this law is routinely ignored and should be enforced more often. Those of you with long memories may recall the Rick Perry email saga, which included a complaint filed with the Travis County DA that did not result in any charges. We live in different times now, I guess.

A very special Council meeting

Who knew there was such a thing?

In a rare maneuver that sidesteps Mayor Sylvester Turner’s authority, five city council members have called a special meeting this week, hoping to force the issue of Houston firefighters’ push for a referendum on pay “parity” with police.

The council members aim to secure their colleagues’ support for a resolution calling on Turner to place an item on the council’s July 24 agenda to schedule a November election on the petition, which seeks to grant firefighters the same pay as police officers of corresponding rank.

In Houston’s strong-mayor form of government, the mayor generally has sole authority to decide what appears on the agenda for the weekly council meetings.

The lone exception allows three council members to set the agenda of a special meeting. Such gatherings — including this one — typically are organized without the mayor’s approval, and often struggle to muster a quorum, as many of the 16 council members are loathe to invite the mayor’s wrath.

Council members Greg Travis, Michael Kubosh, Brenda Stardig, Martha Castex-Tatum and Dwight Boykins signed a Monday memo calling a special council meeting for Friday at 10 a.m.

Turner is on a trade mission in South America and will not be back in time to attend the meeting.

Kubosh said he signed the memo to help ensure the issue was discussed, noting that several elections have passed since the petition was submitted.

“They were successful last year at stalling it a whole year, so, yes, I think that’s possible,” Kubosh said, referring to the Turner administration.

[…]

[CM Dave] Martin [who chairs the Council’s budget committee] said he does not intend to attend Friday’s meeting and doubts the organizers will have the quorum necessary for a formal vote.

“If they don’t show up, they don’t show up,” Kubosh said. “But I’ll show up.”

It is unclear what the impact would be if the proposed resolution reaches a vote and passes.

City Attorney Ron Lewis declined to address whether that outcome could force the mayor to act, given that the city charter gives Turner control of the council agenda.

“As a practical matter,” Lewis said, “the item will go on an agenda that’s timely, and the mayor’s committed to that.”

Insert shrug emoji here. The petitions were certified in May, and one would think the vote would be in November. According to Mayor Turner’s chief of staff and confirmed by CM Martin, this was to be discussed at the budget committee hearing on July 26, with the item for placing it on the ballot to be on Council’s August 8 agenda. I don’t know what else there is to say.

Mayor makes Metro appointments

Only one change, but it’s a big one.

Mayor Sylvester Turner has nominated Teresa “Terry” R. Morales to serve in Position 5 of the Metropolitan Transit Authority of Harris County (METRO) board of directors, for a term that expires April 7, 2020.

The METRO board consists of nine members. Five are nominated by the Mayor of Houston and confirmed by Houston City Council. Two are appointed by the mayors of METRO’s 14 other member cities and two are appointed by the Harris County Commissioners Court.

Morales is a Senior Vice President of Amegy Bank in the Corporate Banking Division. She is involved in various internal group activities including the Amegy PAC, the Diversity & Inclusion Steering Committee, and the Amegy Women’s Initiative Diversity Markets Committee.

She replaces Christof Spieler whose term expired April 7, 2018.

Morales is a native Houstonian and grew up in Houston’s East End. She earned a BBA in Finance from the University of Houston, and is also a graduate of Leadership Houston and the Center for Houston’s Future. Her involvement in the community includes being a Senior Fellow of the American Leadership Forum Class XXXIV, and an active role in several community organizations.

“Terry’s background in business combined with her community involvement make her an exceptional addition to the METRO board,” Mayor Sylvester Turner said. “As roads get more crowded, more Houstonians are ready to start using transit, but we have to make it more efficient and more convenient by building connections to destinations in high demand.”

Mayor Turner also announced his intention to reappoint four current METRO board members whose terms will expire April 7, 2020.

  • Lex Frieden, position one
  • Sanjay Ramabhadran, position two
  • Troi Taylor, position three
  • Carrin F. Patman, position four

Houston city council is scheduled to vote Wednesday, July 11, on the mayor’s appointments.

You can see the current Board here. Christof Spieler was and is a visionary and probably the most knowledgeable person about transit and transportation the Board has ever had. The bus system reimagining was his baby. All things come to an end, and if we’re lucky he’ll get back to blogging about transit now that he’s free to talk about this sort of thing in public again.

Ms. Morales comes onto a Board that has gotten a lot done in the past few years and which now has the challenge of defining and selling a vision for the future to its constituents. I wish her and her returning colleagues all the best with that task, and I wish Christof all the best in his post-Metro life.

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.

Houston on the short list for the 2020 DNC

One in three shot at it.

Democratic Party officials have culled the list of potential host cities for the 2020 Democratic National Convention from eight to four, and Houston is still in the mix, Mayor Sylvester Turner said Wednesday.

The mayor kicked off Wednesday’s regular city council meeting with the announcement, noting that Milwaukee, Denver and the Miami area are the other remaining finalists. By the end of the meeting, however, he said he was told Denver had withdrawn its bid, leaving Houston as one of three finalists.

“Our chances have gotten exponentially better,” Turner said. “I’m excited about the proposal we submitted.”

[…]

Turner said he also wants to bid on hosting the 2024 Republic National Convention when the time comes.

“It’s all about marketing and selling the city of Houston,” the mayor said.

See here, here, and here for the background. All three sites have their pros and cons, so it’s probably just a matter of how each bid gets sold to the city. I’m hopeful but not overly optimistic. As for the 2024 RNC, all I can say is that it better be a post-Trump Republican Party by then, or there’s no amount of marketing value that could make it worth the effort. The Trib has more.

Mayor Turner says “No!” to the child detention warehouse

Damn right.

Mayor Sylvester Turner

Mayor Sylvester Turner called on the owner of a building east of downtown Houston and the nonprofit hoping to operate the former warehouse as a detention center for immigrant children separated from their families at the nation’s southern border to reconsider their plans.

The mayor also said he is in no rush to issue city permits at the site, and called on the state not to issue a childcare license to the 54,000-square-foot facility two blocks north of BBVA Compass Stadium for use by federal contractor Southwest Key Programs.

Turner, flanked by numerous nonprofit, religious and political leaders, said he wanted to show a unified front to protest the “unjust and immoral policy” the Trump administration began enforcing in April, when a “zero tolerance” approach began driving up the number of children removed from their parents upon crossing the border illegally.

[…]

Turner said he respects the work Southwest Key has done in the past, noting that he worked with the group’s leaders during his time in the Texas Legislature, but the mayor said these circumstances are objectionable and proclaimed he will not “be an enabler” in this process.

“I’ve done my best to try to stay clear of the national dialogue on many issues. I’ve done my best to try to focus on the issues that confront the city of Houston, recognizing that we need the partnership of the national — the feds — the state, working with the city,” Turner said. “This one is different. There comes a time when Americans, when Houstonians, when Texans have to say to those higher than ourselves: This is wrong. This is just wrong.”

You know how I feel about this. The city can take all the time it wants, double- and triple-checking on the permit, because Lord knows the state doesn’t give a damn. Everyone on Council should be behind the Mayor on this as well. It shouldn’t be that hard for anyone to do, since even a bunch of Republican members of Congress are not happy with the forced separation of children from their parentsnot that they’ll do anything about it, of course – with the notable exception of that paragon of virtue, Ken Paxton. Just don’t be fooled by Ted Cruz. The Trib and Texas Monthly have more.

UPDATE: The longer version of the story suggests how the city might slow-walk this.

Asked by a reporter if he planned to “slow-walk” the permitting process, Turner smiled. He said city fire inspectors have not visited the property and that health inspectors have yet to grant a food service permit. Code enforcement officials already have granted a certificate of occupancy, affirming that the facility meets the minimum requirements to operate as a “dormitory/shelter,” though Houston Public Works spokeswoman Alanna Reed said the paperwork connected with that application made no mention of Southwest Key, the federal Office of Refugee Resettlement or the plan to house children at the site.

Health department director Stephen Williams said there are “certain deficiencies” at the site that would need to be corrected before a permit is issued. Fire Chief Sam Pena said switching from housing adults to housing children will require a more thorough review than what the city fire marshal’s office conducted when the facility served as a shelter after Harvey.

“If it’s primarily children, having enough people there to ensure proper evacuation, proper access, because you’re dealing with a different type of juvenile person,” Pena said. “We’re going to be meticulous and judicious as far as our inspections, especially for the proposed use of this, but it’s nothing different than what we’d do for any other business.”

These things do take time, you know.

Houston submits its DNC 2020 bid

From the inbox:

Houston, recognized for its record of successfully hosting mega-events, today submitted an official bid to host the 2020 Democratic National Convention.

The bid document of about 600 pages shows how Houston’s convention infrastructure and its people put the city in a superior position to host the presidential nominating convention.

The downtown Toyota Center indoor arena and the close-by, expanded George R. Brown Convention Center in the Avenida Houston convention campus would provide the main gathering spaces for the July 13-16, 2020 convention. A Metro light rail system crisscrosses downtown nearby. Delegates and other participants traveling by air would arrive at Houston’s two international airports. Both have a 4-star rating from Skytrax, making Houston the only U.S. city with two.

About 24,000 hotel rooms would be available within 14 miles of the convention sites, placing the city well ahead of other cities on hospitality logistics. A record-high 20 million visitors traveled to Houston in 2016.

Houston’s specialty in hosting major events shone through with the 2017 Super Bowl, the 2016 NCAA Men’s Basketball Tournament finals and the continuing annual Offshore Technology Conference, Houston Livestock Show & Rodeo, Comicpalooza and others.

The city hosted the Republican National Convention in 1992 and the Democratic National Convention in 1928. Houston has since become the fourth most populous U.S. city and its most diverse, attracting new residents from across the nation and the globe. The city is praised as a pluralistic society that lives as one. (“Nothing less than the story of the American city of the future,” – Los Angeles Times, 5/9/2017)

Houston is strong and resilient. The city showed exceptional mettle, bravery and neighborliness in the aftermath of the floods caused by Harvey. “Houston has bounced back from Harvey faster than anyone predicted, inspiring the Twitter hashtag #HoustonStrong,” The New York Times said on 11/23/2017.

“I am confident that we are the right city and this is the right time to bring the convention to Houston,” Mayor Sylvester Turner said in letter to DNC Chairman Tom Perez that introduces the bid package.

“Houston is a proven event town and has excelled in hosting high profile national events,” the mayor said in the letter. “Whether celebratory, such as the Super Bowl or somber, such as the recent memorial events for former First Lady Barbara Bush, we meet the producer’s goals while exceeding expectations with seamless execution and constant attention to public safety.”

See here and here for the background, and here for the Chron story. Video from the Council meeting where the bid effort was discussed and approved is here. Houston has definitely shown it can handle big events, and I’ll be delighted if we win, but we’re one of many, so keep expectations realistic. We should know in a few months.

The criteria for Harvey accountability waivers

Here they are.

Texas Education Commissioner Mike Morath on Wednesday released the criteria he will use to decide how to waive state ratings for schools affected by Hurricane Harvey, more than nine months after it made landfall.

Schools impacted by Harvey that are set to receive failing state ratings this year, based largely on standardized tests, will instead get a waiver or a “not rated” label — if they meet Morath’s criteria. But school administrators have repeatedly asked Morath to waive state ratings for all schools in the disaster area, instead of just the percentage that meet his criteria, arguing the mental health and academic impacts of the storm apply to all students and teachers in the region.

According to the released rules, schools must meet at least one of the following criteria to be considered for a waiver:

  • The school reported 10 percent or more of its enrolled students were displaced or homeless due to Hurricane Harvey.
  • The school reported 10 percent or more of its teachers were homeless due to the hurricane.
  • The school was closed for 10 or more class days post-Harvey.
  • The school had to hold classes in a different location or share a campus, at least through winter break, due to hurricane-related damages.

If all schools in a district qualify for a waiver, the entire district will also get a waiver from state ratings this year unless they receive the top rating. Districts will also receive waivers if 10 percent or more of their student body is enrolled in a school that received a waiver.

So what does that mean for HISD?

About 1,200 Texas schools affected by Hurricane Harvey, including hundreds throughout the Houston area, won’t be punished for low academic performance this year as a result of the storm’s devastation, Education Commissioner Mike Morath said Wednesday.

The list of campuses, however, does not include four of the 10 Houston ISD schools that could trigger major state sanctions this year. If all four of those campuses — Mading and Wesley elementary schools, Woodson PK-8 and Worthing High School — do not meet state academic standards in August, the Texas Education Agency must replace HISD’s locally elected school board or close failing campuses. Woodson and Worthing are considered among the least likely of the 10 to meet state standards.

[…]

In an interview, Morath said the 10-day cutoff mirrored the threshold set for accountability waivers after Hurricane Ike in 2008. This time, however, Morath added the three additional criteria based on feedback from education leaders and availability of data.

“I think that given the totality of the impact of the storm, we had to set a threshold that was fairly low in terms of the degree of impact,” Morath said.

Seven of the region’s 20 largest school districts were closed for at least 10 instructional days, ensuring district-wide waivers. However, most districts were closed for seven to nine instructional days.

A few districts staggered their return dates. As a result, some campuses in a district will meet the 10-day threshold, while others will not.

In Houston ISD, for example, about 240 campuses missed nine instructional days, while 40 others missed 10 or more. Morath said he expects nearly 150 of those 240 campuses will still receive waivers because they meet other criteria.

Morath said some campuses in hard-hit districts “were just not affected by the storm” and “did not warrant getting any special storm-related adjusted accountability.”

Regarding the long-struggling HISD schools subject to sanctions, Morath said: “The attention that’s given to these 10 campuses in HISD has little to do with activities specific to this year. Each of those campuses has failed to meet academic standards for four years in a row, and at least one of them eight years in a row. We’re talking about, in some cases, a generation of students.”

HISD leaders, who have lobbied for district-wide accountability waivers, were magnanimous in comments Wednesday about Morath’s decision, even as most of the district’s schools fell just a single instructional day short of receiving an automatic break.

Using a ten-missed-days criterion instead of nine seems a bit arbitrary to me – as I recall, one of the weeks in which schools were closed included Labor Day, so there would have been a tenth day of cancellations were it not for that. What happens next, I don’t know. Rep. Garnet Coleman released a statement expressing surprise at the announcement and a promise to “vigorously analyze” it. He also encouraged the four schools to apply for waivers individually. So who knows, there’s still some doubt about where we go from here. And if the TEA does take action, I agree with Mayor Turner, who said they will own the results. Whatever they choose, I hope they know what they’re doing.

Council passes resolution to support 2020 DNC

Cool.

Houston bolstered its bid for the 2020 Democratic National Convention on Wednesday as City Council affirmed the city’s safety and logistics services will be marshalled sufficiently to support the gathering if Houston is chosen as the host city.

Houston has joined seven other cities in taking initial steps to host the event. A memo to council that accompanied the resolution language this week says local officials will make a presentation to the DNC this month, hoping to make a “short list” of cities in contention for the convention. DNC officials have confirmed Houston was one of eight potential host cities to receive formal requests for proposals.

“This city has changed quite a bit since 1992,” said Mayor Sylvester Turner, referencing the last national political convention held in Houston, the one heralding former President George H.W. Bush’s reelection bid that year. “This is about showcasing our city. It’s about inviting people from all over the globe to our city. It’s intended to be a bipartisan effort being presented saying, ‘This is Houston.’”

[…]

City officials said if Houston is chosen to host the event, a committee will be formed to raise private dollars to help pay for it, revenues that will be used in part to reimburse the city for its share of the costs, as was done after last year’s Super Bowl; the Houston Rockets, the memo adds, have agreed to provide the Toyota Center as the official Convention site.

See here for the background. I remember that 1992 Republican convention. I spent two weeks doing “dawn patrol” clinic defense at the Planned Parenthood, then on Fannin before they reconfigured to move their entrance off the street. Those were interesting times, to say the least. Anyway, Houston is one of several cities to make a bid, unlike the other guys. I’m rooting for Houston to win here, but I’ll understand if another city does.

Council approves Mayor’s budget

The annual ritual is observed.

Mayor Sylvester Turner

Houston City Council adopted Mayor Sylvester Turner’s $4.9 billion budget by a vote of 13-4 Wednesday, ending three hours of otherwise amiable debate with an impassioned speech from Councilman Jack Christie that concluded with the councilman resigning his post as budget committee chair and voting no.

Christie was joined in opposing the budget by council members Mike Knox, Greg Travis and Michael Kubosh, who said they wanted the mayor to make more of an effort to cut spending.

“I can keep playing politics, go along to get along, or start fighting vigorously for our tax-paying citizens and not waste their money,” Christie said, listing his past ideas for constraining costs or forming commissions to study cost-cutting that were not implemented. “As a political body, we are failing the people of Houston.”

Turner rejected the criticism. He said the budget is “sound,” and noted that Kubosh’s lone amendment would have given each council member an additional $100,000 for staff salaries. Knox submitted no amendments, and Travis submitted amendments that sought cost-cutting recommendations from the administration but listed no specific cuts.

Christie also submitted no cost-reduction amendments, and, in fact, twice admitted one of his items — earmarking $150,000 to fund an external study on the emissions of the city’s vehicle fleet — was “a waste of money” because he already knows a shift to alternative fuels is the right move.

“It’s so easy to just say to the administration, ‘Mayor, you didn’t cut enough,’” Turner said after the meeting. “Every individual that voted ‘no’ put forth no ideas, no amendment to reduce the cost. Not one. Not that they offered it and we voted them down — they didn’t offer any. To the contrary, they put forth amendments that would increase the amount that we were going to have to expend.”

[…]

The general fund budget for the fiscal year that starts July 1 is $2.5 billion. That fund is supported primarily by property and sales taxes and funds most core services, such as the police and fire departments, parks, libraries and trash pickup.

That is $83 million, or 3.5 percent, more than the current budget. The increase largely is driven by a $42 million increase in debt service, related mostly to the issuance last year of $1 billion in pension obligation bonds as part of the mayor’s pension reform package.

Also driving the increase is $14 million in previously-agreed-to raises for police that take effect July 1. About 57 percent of the general fund, or $1.4 billion, goes to public safety — the police and fire departments, the municipal courts and emergency operations.

See here for the background, and here for the Mayor’s press release. The story also notes the $17 million the city may wind up being short thanks to an unfriendly Census estimate and the stupid revenue cap; it’s not clear to me if that would apply to this year or next if the city’s appeal fails. I’m not surprised there were no cost-cutting amendments of any substance. Turns out that’s a hard thing to do, especially in a budget that’s mostly about public safety, trash pickup, parks, and libraries. You know, basic things that people want and need. Good thing talking about it remains free.

Let’s kill fewer pedestrians and bicyclists

Crazy idea, right?

Houston officials will find the 10 most dangerous intersections in the city and make safety adjustments where possible following a series of fatal bicycle crashes in 2018.

Mayor Sylvester Turner announced the initiative on Bike to Work Day, noting that streets need to be safer for bicyclists if the city expects to promote cycling.

[…]

The program will come as a citywide expansion of Houston’s Safer Streets initiative, a pilot project that was implemented last year in five Houston communities to make streets more friendly for bicyclists and pedestrians, Turner said.

The city’s public works and planning and development departments will work with the city’s Bicycle Advocacy Committee and bike safety nonprofit BikeHouston to identify the 10 intersections that will be adjusted.

Narrowing that list down to ten may be a challenge. Here’s a map showing the major incidents over the past two years. Most of them, anyway – as Swamplot notes, locations for about fifteen percent of crashes weren’t identified, so add another hundred dots to that map. Like I said, sure would be nice if we could reduce that number.

Zipcar parking arrangement approved

Good.

The City Council on Wednesday said companies can start immediately applying for agreements with the city that allow them to use on-street parking spaces so vehicles are visible and easily available to users. Companies such as Zipcar allow people to check out vehicles with a smartphone app and rent them by the day or hour. Drivers can then leave the vehicles in any designated spot.

Council members also approved continuing the current agreement with Zipcar for four on-street parking spots in Midtown.

With citywide rules in place, Mayor Sylvester Turner said he hopes more companies come forward to offer vehicles. A handful of companies — typically subsidiaries of larger well-known car manufacturers or car rental agencies — have entered the industry.

After delaying approval two weeks ago, council members approved the proposal by the city’s regulatory affairs department, with some changes. District I Councilman Robert Gallegos, sought more focus on using renewable-energy and fuel-efficient vehicles, as well as greater oversight of exactly where the spaces will be located.

Up to 20 spaces total will be used for car-sharing at first, and any additional ones must be approved by council. Before any spaces may be used for car-sharing — following approval by a traffic engineer and ParkHouston — city staff must notify any property owners within 200 feet of the space and the appropriate city council district office.

See here for the background. As the previous story notes, Zipcar is leasing these spots from the city, which seems like a reasonable arrangement to me as long as they’re paying a fair market rate. We need to find ways to encourage people to use cars less on a daily basis, and one way to accomplish that is to make it easier for them to get a car when they do need one. This is a step in the right direction.

The revenue cap is stupid and harmful

Reason #4,739:

Mayor Sylvester Turner

In posting a sluggish population growth estimate for Houston, the U.S. Census Bureau blew a $17 million hole in the city budget.

City officials had expected the count would show Houston had added about 30,400 people by January from the year prior. The Census Bureau on Thursday, however, estimated the city grew by just 9,200 between July 2016 and last summer.

Because the revenue cap voters approved in 2004 limits the city’s annual increase in property tax collections to the combined rates of inflation and population growth, that means Mayor Sylvester Turner must adjust his proposed $2.5 billion general fund budget.

Or he will, if he is unsuccessful in challenging the Census estimate. The city’s estimates, he said, are more up to date and are “based on greater familiarity with local indicators.”

To challenge the estimate, Houston can submit data on topics such as residential building and demolition permits, mobile home placements, household sizes and apartment occupancy rates.

Houston successfully challenged its formal count in the 2010 Census, and also added 3 percent to its population estimate via an appeal in 2006, and a little more than 1 percent to its 2008 count, according to the Census website.

The city’s press release is here. Neither the rate of inflation nor the rate of population growth have anything to do with the city’s needs or its financial capacity. It also as you can see puts an awful lot of power in the hands of unelected federal bureaucrats. Who I’m sure are fine people, but they’re not accountable to the voters of Houston. I mean seriously, who thinks this makes sense? The whole stupid thing needs to be repealed.