Dow heads higher

Praise for captain after kidnapping
American was rescued by Navy team after firefight with piratesBy Josh Meyer | Tribune Washington Bureau
April 13, 2009
WASHINGTON - After days of tense negotiations, the Navy rescue of an American sea captain came in a matter of seconds Sunday when a few sniper bullets killed three Somali pirates who authorities feared were about to kill him.

The commanding officer of the guided-missile destroyer Bainbridge had already received approval from President Barack Obama to attempt a rescue of Capt. Richard Phillips by force if the seafarer's life appeared to be in imminent danger after five days of captivity off the coast of Somalia.

And with the seas becoming choppier and the increasingly agitated captors pointing an automatic weapon at Phillips, Cmdr. Frank Castellano decided he had no other option. The Bainbridge skipper gave the green light, and sharpshooters on the fantail of the naval warship opened fire on the partially exposed pirates aboard the small enclosed lifeboat.

Phillips, who was bound and standing, was uninjured in the attack, said Navy Vice Adm. William Gortney, commander of the U.S. Naval Forces Central Command. He gave an account of the rescue operation and the events leading up to it in a Pentagon telephone conference from the Persian Gulf nation of Bahrain on Sunday evening.



Phillips' three captors, who were armed with AK-47s and small-caliber pistols, most likely were killed instantaneously.

A fourth man who had been holding Phillips captive since the pirates failed Wednesday in their attempt to seize the Maersk Alabama was aboard the Bainbridge negotiating with the Navy at the time. He was taken into custody by U.S. authorities.

After the rescue, Phillips was whisked to safety aboard the nearby amphibious assault ship Boxer, given a routine medical evaluation and was "resting comfortably," Gortney said.

Once he was there, military officials confirmed that the soft-spoken captain had placed his own safety at risk in an effort to protect his crew, helping fight off the initial pirate attack and then later offering himself as a hostage.

"His courage is a model for all Americans," Obama said in a statement Sunday.

Asked if he had any message for a public that had been captivated by his ordeal, Phillips was self-effacing.

"I'm just the byline. The real heroes are the Navy, the SEALs, those who have brought me home," he told Maersk Line Ltd. President and CEO John Reinhart. In nearby Mombasa, Kenya, where the Maersk Alabama had arrived on Saturday without its captain, the crew erupted in celebration when news of his release came through. Two flares were fired into the air, and the ship's horn sounded. Nine crew members came to the stern, pumping their fists skyward, one of them wrapped in a U.S. flag.

"He's one of the bravest men I've ever met," one crew member shouted.

Alison McColl, a family friend, read a brief statement to reporters outside the Phillips home in Underhill, Vt., saying the captain and his wife, Andrea, had spoken by phone. "I think you can all imagine their joy, and what a happy moment that was for them," said McColl, according to the Associated Press.

This is the America that I remember. Napalming the Somali ports afterwards would have been a nice touch, though.

New Side Links

I spent a few hunting the candidates sites and putting them up. If you know of more, pop me a note, or comment here. I don't need triplicate copies of notarized statements nor "Patents of Nobility" to determine if the site is legitimate. I know how to click a link and read.

Missing at this point: Robert Uresti, Arge Miller, Moses Sorola, Carlos Cisneros, Carlos Ayala

Social Censorship?

Mero,

Over the last couple of days, I have written three comments to Bobby Wightman Cervantes on his blog. He chose to reject them.

First rejection
Thank you Bobby. I will be looking forward to your vote on election day.

Second rejection
Regarding your post, thanks for agreeing with me.

$900,000 would have been better spent by using $300,000 for an endowment for a scholarship program for the MPPM program. You can build a bench for the city with these future public servants. They will have real world experience with Brownsville, their home. AND it will be cost-effective. The community volunteered to serve in all those committees, why should a private firm get free money for OUR work? Bobby it might have been better had you attended more than one meeting. The rest of the money could have been saved to implement the changes or pay for repaving Iowa Street, quality of life or for that extra toilet at the sports park.

The toilet reference was a joke.

Lastest rejection
You amaze me, ol' Bobby. I write a legitimate comment on your blog on Imagine Brownsville, a comment I know you would agree with because it makes sense, and you filter it out. Fred Drew heard me talk about this two years ago and applauded, but you stick your fingers in your ears hoping I'll just go away.

Why is it so hard for you to realize that I might actually help Brownsville and force oversight? You are so filled with hate towards me that you'll ignore me. I agree with some of your more reasonable points, but you can't be objective about me and my ideas. It's a shame really. If I win, I will make a difference. Iowa Street will be one of my priorities along with the more underappreciated parts of town. I can only hope you'll come around one of these days.

What do you think about this Mero?

I need your vote this May, Mero. I hope you will honor me with it.

http://www.voteroman.com

Who is going to control all these new "fees"?

At the Special Olympics , errr Special City Commission meeting tonight there was an effort to formalize the contentious $20 per hour practice fee at the Sports Park (Now why did I know I would be writing about that pig, again?). Everyone remembers that no one could recall who put it on in the first place? Well, low and behold, someone who wasn't in the blame-circle the first time around was going to be tossed the hot potato by ordinance. Of course I am speaking of Charlie Cabler. It was interesting that the language stated "or his designee", allowed him to keep the potato in the air long enough to toss it to Chris Patterson, or Tuffy (*rhymes with Scruffy) Martinez. Pretty cool deal for those sitting behind the table, raising fees and getting to blame someone else who isn't answerable to the voters. They seem to do this sort of thing a lot. We have tons of committees throwing around millions of dollars in a strange arrangement of "officer of non-profit corporation." They all have weird sounding initials, CAAC,BCIC,GBIC,BEDC,ETC (last one is not one of these committees, but I heard it was being discussed). There must have been something wrong with the proposal, because Roman Perez questioned it, and it was tabled.

Lets see how it looks the next time the potato rises into the air when it comes off the table. Could we please rename it the "Hot Potato Ordinance"?

The long and short is, I think there are FAR to many unelected people running around spending other people's tax dollars. I think this should stop.

It is about accountability.
It is about transparency.
It is about time.

"Of course I know. It is my business to know." -The Merovingian

Ok, here is the skinny

At Large "B" : Alberto Velez, Roman Perez, Rose Zavaletta Gowen, Carlos Ayala

District 3 : Melissa Zamora, Moses Sorola, Carlos Cisneros

District 4 : Robert Uresti, Argelia Miller*, Edward Camarillo

* Signatures "iffy" by the time I left the office.

So any more speculation about "Oh, if such-and-such..." is OVER!
The Fat Lady has sung. Now we await the Fat Lady singing again.

"Of course I know. It is my business to know." -The Merovingian

Monday 5pm

All the speculation will be over then, and the speculation can start once more. My stance is well known. Throw them all out. Throw out anyone who looks like them, is allied with them, or smells like them. Developer puppets; OUT! University puppets; OUT! Government official puppets; OUT! People whose day jobs are tax funded; OUT!

Well, that just about covers it, so who is left to run? Whoever it is, be sure I just listed your sworn enemies above.

"Of course I know. It is my business to know." -The Merovingian

You Lose, We Win

NUMBER 13-08-00267-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
In its sole issue on appeal, the City attacks the trial court’s findings of fact and conclusions of law, arguing that, as a matter of law, the City Charter does not bar City Council members from participating in the City’s health insurance plan on the same basis as the City’s full-time employees. More specifically, the City contends that: (1) chapter 172 of the local government code authorizes political subdivisions to provide health insurance to city officials on the same basis as regular employees, see TEX. LOC. GOV’T CODE ANN. §§ 172.002(6), 172.004(a) (Vernon 2008); (2) the City Charter does not set a maximum limit on compensation; (3) the City Charter only applies to monetary compensation; and (4) the City “has consistently construed the charter to allow insurance for council members on the same basis as City employees.”

The Merovingian so stipulates as to item (1); TEX. LOC GOV'T CODE does allow political subdivisions to offer such insurance to city officials.

However, the Brownsville charter significantly differs from the Corpus Christi charter as to item (2); Brownsville's charter does set maximum allowable compensation in the form of payment for service that will be compensated as follows:

Section 13. Compensation.
The mayor and city commissioners elected after the adoption of this amendment shall each receive as compensation for their services during their term of office the sum of ten dollars ($10.00) for their attendance for the full duration of each regular and special meeting; provided, however, that in no event shall they be paid for more than two regular and three special meetings in any one calendar month.

Clearly, the intent and irrefutable statement of the writer of this clause is that there is a MAXIMUM ALLOWABLE COMPENSATION which was lacking in the Corpus Christi charter, which formed the basis of Judge Garza's interpretation, as excerpted:

Mindful of the following statements made by the Texas Attorney General’s Office addressing an issue similar to the one in the present case:
If the charter sets the maximum compensation for city council members, the City may not provide additional compensation to city council members absent an amendment to the charter. See generally TEX. LOC. GOV’T CODE ANN. § 9.004 (Vernon 1999) (election to amend charter). If the charter does not set their maximum compensation, the City may provide the additional compensation without a charter amendment.

HOWEVER the Brownsville charter CLEARLY addresses limits to compensation with the words, " that in no event shall they be paid for more than "
Language that is notably absent in the Corpus Christi charter.

In any event, it is noteworthy that for over twenty years, the City has interpreted the City Charter to mean that City Council members and the Mayor were entitled to participate in the City’s health insurance plan on the same basis as the City’s full-time employees, which was within their broad discretion.

The "squatters rights argument" (i.e. long standing tradition) played a noted part in the decision, as is clearly stated above. Brownsville has no such long standing tradition, ergo any and all related argument on this basis is moot.

What is significant in the appellate decision that applies to a potential Brownsville appeal is that insurance is compensation. This applies to stipulation (3) as well and establishes that the benefits, such as insurance, are monetary compensation.

The City Charter does not provide any further clarification as to the meaning of “compensation.” The trial court, in its second conclusion of law, stated that the payment of health insurance premiums by the City constituted “compensation.”
“Compensation” has been defined as “[r]emuneration and other benefits received Although opinions from the Texas Attorney General’s Office 4 are persuasive, they are not controlling on the courts. See Commissioners Court of Titus County v. Agan, 940 S.W.2d 77, 82 (Tex. 1997) (citing Holmes v. Morales, 924 S.W.2d 920, 924 (Tex. 1996)). 5 Section 141.004 of the local government code states that the “governing body of a home-rule municipality may set the amount of compensation for each officer of the municipality.” TEX. LOC. GOV’T CODE AN N. § 141.004 (Vernon 2008). “Home-rule municipality” officials have broad discretion in exercising their powers—including decisions pertaining to compensation—limited only by the Texas Constitution, general laws, or the City’s Charter. See In re Sanchez, 81 S.W.3d 794, 796 (Tex. 2002); see also Edwards v. Murphy, 256 S.W.2d 470, 473-74 (Tex. Civ. App.–Fort Worth 1953, writ dism’d) (citing TEX. CONST. art. XI, § 5). in return for services rendered; esp. salary or wages.” BLACK’S LAW DICTIONARY 227 (7th ed. 2000); see Op. Tex. Att’y Gen. No. GA-0130 (2003). In applying its plain and common meaning, it is clear that the City’s payment of health insurance premiums on behalf of City Council members and the Mayor constituted “compensation” because the premiums were paid in return for services rendered by the City Council members and the Mayor. See BLACK’S LAW DICTIONARY at 227. This conclusion is in harmony with several opinions issued by the Texas Attorney General’s Office.4 See Op. Tex. Att’y Gen. No. GA-0130 (2003) (concluding that “‘[c]ompensation’ includes benefits, such as insurance, provided to officers and employees”); see also Op. Tex. Att’y Gen. No. GA-0449 (2006) (same). We therefore conclude that the trial court correctly categorized the payment of health insurance premiums as “compensation” in its second conclusion of law.

As to the possibility that this appellate court decision directly applies to a Brownsville appeal:

Moreover, we presume home-rule city charter provisions to be valid, and the courts cannot interfere unless it is unreasonable and arbitrary, amounting to a clear abuse of municipal discretion. Id. (citing City of Brookside Village v. Comeau, 633 S.W.2d 790, 792 (Tex. 1982); City of Houston v. Todd, 41 S.W.3d 289, 295 (Tex. App.–Houston [1st Dist.] 2001, pet. denied)). Because the City is a “homerule municipality,” we must focus our analysis on the City’s Charter.

This leads directly to the assertion that in any appeal of the insurance ruling (Docket #2007-03-1359-D 103rd District Court) that the Brownsville City Charter must be examined in situ and any reference to the Corpus Christi charter is again, moot.

Conclusion:

Should Mark Socci in his newfound capacity as City Attorney even sniff at an appeal of Judge Leal's proper finding of denial of insurance benefits to the Mayor and City Commissioners, he will find his legal rump paddled by a pro se friend of the court brief. I will laugh, he will be gone, and they will all still get voted out, if not recalled sooner.

"Of course I know. It is my business to know." -The Merovingian

April 1st is Fast Approaching

Last year's April Fools postings were very popular and I wish to continue the tradition. With the local races falling on the heels of April 1st, I am *sure* there will be a lot of material coming from there. In the meantime feel free to email my good friend and confidant, revtallywhacker@yahoo.com with any suggestions for topics that will need coverage that day.

M.

Wasn't Gilberto Hinojosa Declared Politicly Dead?

If this is so, then WHY are we seeing Alberto Velez running for our City Commission?
Did Oscar the Minor not run because the U. has put up a proxy in Velez? (do I see headlights heading toward Edward Camarillo, again?)

Have we learned NOTHING in the past two election cycles? Does Rick Longoria need propping up for his run at mayor this badly? Does Carlos Cisneros need these few months on the City Commission so desperately before he makes his run at a County Commission slot?

I, for one, am truly sick of all these jokers propping each other up to maintain the status quo. There is not one scrap of vision or true concern for anything past the next election to be found in the lot.


"Of course I know. It is my business to know." -The Merovingian

Who Is Driving The Bus?

I saw a curious sight last night. Politicos in a parade nearing election time? Naw, that is as common doggie doo on the front lawn. What I saw was a rolling billboard and driving endorsement of a revolving door that is what these idiots think that we need.

Leo Garza picked up a packet from the City Secretary. Oh well, anything to delay the appearance of being what we all know; a lame duck commissioner on a lame duck commission.

Why was Leo Garza driving Carlos Ayala in last night's parade? Shouldn't it be the other way around? Is this supposed to signify some kind of endorsement? Whose bright idea was this? It isn't going to work. Do we need MORE tax-paid people watching the tax base? The people want all this inbred hanky-panky to end.

"Of course I know. It is my business to know" -The Merovingian

Annndddddd the're off!

From BATB:
Melissa Zamora said...
I haven't picked up a packet, yet, but I plan to run for the At-large B seat currently held by Commissioner Leo Garza.
Sunday, February 22, 2009

7-34-4

Look up at the title.

These are the numbers from the poll on incumbants standing a chance of reelection.

It reminds me of a basketball season record.
Hmmmm.... now what happens to coaches with those kind of stats?
We know. We know.

"Of course I know. It is my business to know." -The Merovingian

What the hell is going on with the DA's office?

We got 'em crapping on benches,
We had them playing "hide the salami" in parked cars.

Where is he finding these people, and more importantly, why is he looking there in the first place?

M.

Scientific Investigative Certainty

City Manager Charlie Cabler said: "Who are we going to administer that test to? We don't have any idea how that check got to the mayor. Maybe it was done in a way that no one knows it happened."
February 3, 2009 - 7:56 PM
BY EMMA PEREZ-TREVIÑO
The Brownsville Herald

Is he saying that we have some kind of Voodoo priest in town? Is there a special candle or oil you can get at one of the downtown herbiera shops that makes paper move from a distance? I heard more sense come out of Steve Martin's mouth when he played the character "Theodoric of York" on a Saturday Night Live skit.

This whole thing reminds me of trying to get to the bottom of "Who broke that?" in the middle of a room full of three year olds.

"Of course I know. It is my business to know." -The Merovingian

An ad for earmuffs

As of Monday it appears Antonio Juarez had abandoned his lawsuit against BISD. Ben Neece has taken no action to obtain a TRO to prevent BISD from firing Juarez. You see, in federal court rules tend to matter a bit more than in state court. In the case of Judge Euresti Ben Neece knew Judge Euresti would sign his own death warrant - but the same cannot be said for federal Judge Andrew Hanen who will hear Juarez’s case.
From: BROWNSVILLE VOICE
AN UNBOUGHT VOICE OF THE COMMUNITY

Why is it that day after day all I am seeing is junk like this being bandied about as if it were the Brownsville Gospel? It is crap like this that is a total distraction from any and all issues at had. The latest round of "Sphincter Speak" has gotten even more than I can bear, and I am overall a pretty tolerant guy.

If you know not from whence you speak, it would be better to remain silent.
This is but a small sample of the garbage on the net from irresponsible people pushing their own agendas.

Other than factual reporting when I have information, and I feel like it, I haven't weighed in on the BISD situation. This one simply took the cake for peering into the future by staring at ones belly button. This sort of "Navel Intelligence" needs to stop.

"Of course I know. It is my business to know." -The Merovingian