Latest news with #TexasPublicInformationAct
Yahoo
28-05-2025
- Business
- Yahoo
Emails show dueling plans for Harlingen airport firefighting services
May 27—HARLINGEN — For months, city and airport officials have been debating two proposals known as Plan A and Plan B. In the last few weeks, Valley International Airport officials' Plan A has come to the forefront, a proposal to hire Pro-Tec Fire Services, an Appleton, Wisconsin, company that's become North America's biggest provider of aircraft rescue and firefighting services. At City Hall, airport officials' plan to terminate the city's $1.2 million agreement providing the Harlingen Fire Department's airport firefighting services is drawing opposition. In response to the plan, the Harlingen Professional Firefighters' Association is warning it would file a lawsuit against the city if the airport's board of directors hires Pro-Tec, arguing the move could lead to a violation of Civil Service law protecting firefighters' jobs. Meanwhile, Marv Esterly, the airport's aviation director, is standing behind the proposal to hire Pro-Tec. While Pro-Tec is offering its services for $973,000 as part of a proposed five-year contract, the city's planning to boost the fire department's fees by 7% next year and then by 8% in 2027. For the airport operating on a break-even budget, Pro-Tec, which serves more than 20 U.S. airports, would help save about $1.9 million during the next five years. Esterly has also expressed concern over the fire department's federal training violations. From 2017 to 2024, the FAA cited the department for three training violations while last year Esterly self-reported "misleading" entries raising concerns of the possibility of records falsifications in training logs stemming from two classes last June and July. THE PLANS An email thread helps outline officials' discussions over the proposal they call Plan A. In response to the Valley Morning Star's request filed under the Texas Public Information Act, Esterly released emails sent from April 29, 2024 to April 16. In a Feb. 26 email to Mayor Norma Sepulveda, Esterly addressed concerns leading him to propose hiring Pro-Tec. "The rising cost of ARFF services is placing significant strain on the airport's budget," he wrote. "The current ARFF arrangement is unsustainable, placing significant financial stain on the airport." Then Esterly pointed to what he described as "safety and regulatory compliance." "FAA-mandated training standards must be met to maintain (the airport's) Part 139 certification," he wrote to Sepulveda, referring to the FAA's airport operations certification. "Given budgetary constraints and critical safety and compliance concerns, Plan A remains the most prudent and responsible path forward to ensure regulatory compliance and public safety." Meanwhile, Plan B would consist of an overhaul of the fire department's ARFF program. Under Plan B, the department would "implement FAA-recommended best management practices to enhance compliance and transparency," Esterly wrote to Sepulveda, adding the proposal would "address systemic failures in training oversight and establish strict compliance measures to prevent future violations." Esterly then referred to a memorandum of understanding specifying firefighters' qualifications and requirements. While Plan B would call for a "cost-sharing strategy" to "develop a financially sustainable ARFF plan that aligns with federal regulations while balancing fiscal responsibility," the proposal would also "evaluate the current MOU to determine necessary modifications, replacement or possible termination," he wrote. In an April 29, 2024, email to City Manager Gabriel Gonzalez, Esterly expressed concern over what he described as rising costs stemming from fire department ARFF staffing leading to overtime pay. "It has come to our attention that there is a recurring practice of calling in ARFF alternatives from different shifts, rather than utilizing those assigned to the current shift," he wrote. "This has resulted in increased overtime costs that area subsequently billed to the airport." Esterly argued overtime billing violates the parties' agreement. "According to our current memorandum of understanding, the airport board should not have to bear the financial responsibility for overtime expenses that arise due to the city's failure to maintain adequate staffing levels, including the provision of designated alternatives for each shift," he wrote to Gonzalez. "Maintaining compliance with our MOU is crucial to ensure the cost-effectiveness and regulatory adherence of the ARFF services provided." In a Feb. 25 email, Sepulveda pointed to "legal challenges surrounding privatization," adding Gonzalez was working to address overtime costs. Meanwhile, City Attorney Mark Sossi argued the Texas Government Code's Civil Service stance prohibited the city from hiring a contractor such a Pro-Tec. "After review of the legal issues at hand, we believe that Chapter 143 of the Texas Local Government Code will be a legal bar to privatization of the firefighters positions," he wrote in a Dec. 2, 2024, email to Gene McCullough, the airport board's attorney. "This will also confirm that the city, as the airport sponsor, has not given its consent to the privatization of AARF functions at the Valley International Airport." Earlier this month, Evan Mann, president of the Harlingen Professional Firefighters Association, warned city commissioners the union would file a lawsuit against the city if they didn't stop the airport board from hiring a contractor. In an interview, Mann said the board's hiring of a contractor would violate Civil Service law protecting firefighters who could lose their jobs. Mann also claimed airport officials were overstating FAA reports citing "isolated" firefighter training violations as part of a plan to "discredit" the fire department in order to lead the airport board to terminate the city's $1.2 million agreement providing aircraft rescue and firefighting services. Esterly denied the claims. In February, the FAA closed a 2024 investigation stemming from Esterly's move to report "discrepancies" in two firefighter training classes held last June and July. "The FAA determined training and misleading entries to be directly isolated to the identified sessions and not systemic to the entire ARFF training program," Denson E. Stasher, the agency's safety and standards manager, wrote to Esterly in a Feb. 19 report closing the investigation. "In closing this case, we have considered all available facts and have concluded the matter does not warrant legal enforcement." In its investigation report, the FAA found the fire department's ARFF program in "full compliance," Erik Ramirez, the union's vice president, said in an interview. Meanwhile, Mann said airport officials were overlooking the fire department's five years of "perfect scores" on its annual FAA inspections. Featured Local Savings
Yahoo
28-05-2025
- Politics
- Yahoo
Bill expanding school misconduct investigations, Do-Not-Hire registry heads to governor
AUSTIN (KXAN) – In a 134-2 vote on Tuesday, the Texas House gave initial approval to a bill targeting what Sen. Paul Bettencourt, R-Houston, called 'dangerous loopholes' in the state's misconduct registries. Senate Bill 571 is expected to head to the governor's desk soon. Sen. Bettencourt vowed to pass a bill during the 89th legislative session to expand access to the state's Do Not Hire registries and expand the Texas Education Agency's ability to investigate misconduct following a KXAN investigation. Our investigation found that a former juvenile corrections officer was able to get a tutoring job at an Austin Independent School District campus, despite the Texas Juvenile Justice Department's Office of Inspector General already determining he had an inappropriate relationship with a juvenile. The former corrections officer, Isaiah Xavier Smith, is now in jail in Lee County, facing multiple charges of Indecency with a Minor related to his employment at Giddings State School and his time tutoring on an Austin ISD campus. Austin ISD officials said non-profit Austin Partners in Education hired Smith and assigned him as a tutor to one of their campuses. The non-profit told KXAN that Smith did not disclose during the hiring process that he was previously employed by TJJD or the allegations he was facing within the agency. The sweeping 72-page bill allows the Texas Education Agency to compel school districts to report when volunteers, contractors or subcontractors are suspected of misconduct. The bill would also grant contractors, like Austin Partners in Education, access to the Interagency Reportable Conduct Search Engine. When complete, the search engine will include state misconduct information from several agencies, including TEA, TJJD, the Texas Department of Family and Protective Services, and Texas Health and Human Services. The database is not finished despite the legislature approving its creation in 2023. SB 571 also expands the list of convictions that would result in a mandatory termination and loss of certification to include felony offenses of public indecency or an improper relationship between an educator and a student. A bill analysis from the Senate Research Center explains that school employees, including third-party service providers, can be placed on TEA's Do Not Hire registry for inappropriate communications with students, failing to maintain appropriate boundaries with students, or physically mistreating or threatening violence to a student. The bill has received criticism over a confidentiality provision added to the bill that makes records related to the TEA or the State Board of Education Certification's review or investigation of a misconduct allegation confidential and not subject to disclosure under the Texas Public Information Act. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
23-05-2025
- Yahoo
Internal jail fence breach prompts Travis County Sheriff's Office probe
AUSTIN (KXAN) – Travis County Sheriff's Office internal affairs is investigating how an inmate slipped beneath an interior fence on May 15 and entered an unauthorized area within the Travis County Correctional Complex. The Sheriff's Office confirmed the event to KXAN, saying the man managed to shimmy under a chain-link fence in an internal mall area and made it about 50 feet before officers gained control of him. Internal affairs will be looking into the matter and possible policy violations that preceded it, according to the office. 'This was not an escape. He never made it out of our facility – out of the perimeter,' said Sheriff's Office spokesperson Kristen Dark. The sheriff's office said the man could face disciplinary measures, such as loss of privileges or change in housing. The Travis County Correctional Complex is located just east of Austin-Bergstrom International Airport. Travis County gets $1.6M to combat overdose deaths tied to county jail The breach occurred one day before a major jailbreak in neighboring Louisiana where 10 inmates escaped the Orleans Parish Justice Center in New Orleans. As of Thursday, half were captured and the other five remained at large, according to news reports. In Texas, jails are required to report escapes from custody to the Texas Commission on Jail Standards within 24 hours, according to TCJS policies and procedures. The Travis County incident was not considered an escape reportable to the state. 'There is no statutory requirement to report attempted escapes to this agency, just the actual escapes,' TCJS told KXAN by email. So far in 2025 there have been six reported jail escapes in Texas, according to TCJS data obtained by KXAN through the Texas Public Information Act. Below is a breakdown of counties where the jail escapes occurred Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
09-05-2025
- Politics
- Yahoo
Transparency bills advancing at Texas Capitol shine light on government
Sunlight is starting to break through at the Capitol in the final month of the Texas legislative session. Open government measures have won passage in the House of Representatives with bipartisan support, and more House votes are scheduled on legislation championed by the broad-based Texas Sunshine Coalition. However, this transparency legislation is still waiting to be heard in the Senate. Action is needed soon in the upper chamber to protect Texans' information rights before the Legislature adjourns June 2. It's simple: Access to information builds public trust in government. House members approved House Bill 4219 by Rep. Giovanni Capriglione, R-Southlake, requiring governmental bodies to respond to Texas Public Information Act requests, even if no such records exist, and establishing a complaint system for failure to respond. The common-sense measure is now in the Senate, where Sen. Judith Zaffirini, D-Laredo, is the author. Also moving in the House are HB 2248, by Rep. John Smithee, R-Amarillo, allowing recovery of attorneys' fees in certain Texas Public Information Act lawsuits, and HB 3719, by Rep. Todd Hunter, R-Corpus Christi, restoring access to dates of birth in public records to help lenders, landlords, journalists and voters verify someone's identity when there's a common name. House Bills 4990 and 4991, by Rep. Terry Canales, D-Edinburg, are gaining traction, too. They require the Attorney General's Office to operate an open government hotline and require open government training for outside lawyers hired by governments to handle Public Information Act requests. All these bipartisan bills have Senate companions. They are initiatives backed by the Sunshine Coalition, a group of 16 organizations with different missions but united in the notion that transparency allows us all to participate in our government. While advocating for positive open government legislation, transparency proponents have also been speaking out about measures that would thwart the free flow of information. For instance, Senate Bill 986 by Sen. Paul Bettencourt, R-Houston, would flip the Texas Public Information Act upside down, undoing the law's structure that has served Texans well for over 50 years. The TPIA emphasizes the power of individuals over the government by requiring government officials in most cases to seek permission from the Attorney General's Office if they want to withhold information from the public. The Bettencourt bill would allow governmental bodies to decide on their own what information to release to requestors without getting a neutral ruling. If requestors are denied information, they would have to navigate a tedious appeals process, without the benefit of knowing what is being withheld from the documents, and may simply give up. Another troubling Bettencourt bill, SB 2680, would force delays for requestors in filing a TPIA lawsuit when they must resort to the courts to obtain public information. Before legislators adjourn, let's urge them to stand up for the citizens of Texas and their information rights. Approving sunshine laws — and rejecting proposals that block information — help Texans keep a watch on their government. Kelley Shannon is executive director of the Freedom of Information Foundation of Texas. The Sunshine Coalition includes the Freedom of Information Foundation of Texas; Texas Association of Broadcasters; Texas Press Association; Texas Public Policy Foundation; Institute for Justice; ACLU of Texas; Every Texan; Common Cause; Grassroots America; League of Women Voters of Texas; SMU School of Law First Amendment Clinic; Texas Appleseed; Texas Association of Licensed Investigators; Texans Uniting for Reform and Freedom; Public Citizen; This article originally appeared on Austin American-Statesman: Lawmakers advancing bills that shine a light on government | Opinion
Yahoo
24-04-2025
- Business
- Yahoo
Starbase, the SpaceX site, is likely Texas' next city. What happens next?
McALLEN — Nearly 10 years after SpaceX, Elon Musk's effort to colonize Mars, began operating in a small community in Cameron County just a few miles inland of the Gulf Coast, employees who live there and other residents will vote next month to incorporate their Starbase community as Texas' newest city. If the majority of them vote yes on May 3, the leaders they elect at the same time will have the responsibility of creating a city from the ground up. What does it take to have a fully functioning city? A few of Starbase's first steps as a newborn city can be anticipated because state law sets certain requirements for raising and spending public money and how governing bodies can operate. Texas generally gives municipalities a lot of discretion on how to manage and govern themselves, according to Alan Bojorquez, an attorney who specializes in city governance. 'The reality is, Texas cities under the law are not required to do much," Bojorquez said. He emphasized that much of what the new city of Starbase will do will ultimately depend on what services and programs city officials and residents want the city to provide. Before Starbase can officially incorporate, the election results must be certified by Cameron County. Incorporation will be effective on the day that Cameron County Judge Eddie Treviño enters an order stating the community has incorporated, according to the Texas law. As a Type C municipality, Starbase will have a commission form of government — a mayor and two commissioners — who will be elected by the voters on the same day they vote to incorporate. Their terms in office last two years unlike the typical four-year terms held by officials in larger cities. City leaders are required under Texas law to hold elections and public meetings at least once a month. The city is also required to archive records and provide them for public inspection under the Texas Public Information Act. The mayor will be tasked with running the city's daily operations, unless voters later approve hiring a city manager. Many Texas cities and towns have a city manager who reports to elected leaders. They have broad responsibilities including hiring and firing other leaders like police and fire chiefs. Leonardo Olivares, a former city manager to multiple cities in the Rio Grande Valley, including Rio Grande City, Weslaco, La Joya and Palmview, said the city commissioners must set priorities quickly. 'What are the needs of the community in terms of development, commercial, industrial development?' Olivares said. Cities also need a budget if they want to spend money, which they will have to do if they provide services such as water, sewer, police or fire. "I think the initial challenge for the first commission of Starbase is going to be to share with the electorate what they are going to be doing," Bojorquez said. SpaceX leaders have made no secret of their plans to grow Starbase. In a letter to Treviño, the county's top elected official, submitted with the petition to incorporate, Starbase Manager Kathryn Lueders wrote that the community wished to incorporate so it could continue to grow. 'Incorporating Starbase will streamline the processes required to build the amenities necessary to make the area a world class place to live—for the hundreds already calling it home, as well as for prospective workers eager to help build humanity's future in space,' Lueders wrote. She added that through agreements with the county, SpaceX performs several civil functions such as management of the roads and utilities. They have also established a school and a medical clinic. Incorporation would allow SpaceX to take over the management of those functions. The company has already made moves to commercially develop the area as well. SpaceX is building a $15 million shopping center and restaurant there and a $100 million office facility and industrial factory. The city has to figure out how to pay for the services it plans to offer. The major sources of revenue for cities are property taxes and sales taxes. City leaders can approve an initial assessment of property taxes but sales and use taxes must be approved by voters through another election. There are limits. For property taxes, a Type C city is limited to $1.50 per $100 of valuation, depending on population. For sales tax, cities are capped at two cents per dollar. They may allocate one cent toward general revenue, up to half a cent may go toward economic development and they could dedicate up to half a cent toward property tax relief. 'There's going to be continual activity out there so I think it's a responsible thing to do — plan for that continued growth,' Olivares said. 'You've just got to manage it right. You've got to get some good people out there who know what they're doing.' In essence, Starbase will be a company town — an idea that evokes the image of early 20th century workers settling down around the coal companies or mills that employ them. One of the most well-known in Texas is Sugar Land, which was home to sugar plantations beginning in the mid-1800s that later became the Imperial Sugar Company. The city was incorporated in 1959. Company towns have persisted and the SpaceX employees living in Starbase appear poised to establish the newest one. What they hope to accomplish through incorporation will likely have a lot to do with the company's activities, Bojorquez said. 'Because this is a project that is closely affiliated with SpaceX, you can imagine that the goals for the municipality are probably in pretty close alignment with the needs of SpaceX," Bojorquez said. There have already been signs of that, and, at times, those goals were incompatible with the regulations of the county. While Cameron County officials have welcomed SpaceX — touting investment and job creation — and allowed the company to conduct its operations with seemingly little pushback, there have been instances where the two have been at odds. In November, SpaceX requested a variance for the county's lot frontage requirements to maximize what Starbase could build on four available lots at Boca Chica Village, a small residential neighborhood near the SpaceX offices where Elon Musk owns a home. The hope, a SpaceX engineer told the county commissioners, is that they would be able to recruit more employees to live there. The county, however, denied their request. In addition to being able to adopt more permissive rules, the city could also gain control over the closure of Boca Chica beach on weekdays for launches. The Texas Senate approved a bill that would transfer that authority to them from the county, a move that the county judge and the commissioners publicly opposed. The Texas House has yet to vote on the bill, which is needed for the proposal to become law. Other benefits to becoming a city include the ability to acquire real estate through eminent domain, a process by which governmental bodies can force the transfer of property, for fair market value, if it's for a public purpose. Bojorquez said the process is often used to build roads, water infrastructure and drainage. "I think it's clear in this example that most of the reasons are being provided by SpaceX," Bojorquez said of the possible motivations behind seeking incorporation. "I have no opinion about whether it's right or wrong. It's just unique." Reporting in the Rio Grande Valley is supported in part by the Methodist Healthcare Ministries of South Texas, Inc. Tickets are on sale now for the 15th annual Texas Tribune Festival, Texas' breakout ideas and politics event happening Nov. 13–15 in downtown Austin. Get tickets before May 1 and save big! TribFest 2025 is presented by JPMorganChase.
