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August 24, 2006

Earmarks and a Not-So-Secret Meeting
By Jack D. McNamara


By Invitation Only
Our U.S. Representative, Henry Bonilla of San Antonio, came to town last week.

On previous visits he has met with his constituents in free-form forums and he took a few dozen questions on any topic. Not this time, though. Bonilla was treated to an “invitation only” luncheon at Sul Ross on August 14, according to what appears to be a Sul Ross press release in the August 17 Alpine Avalanche. The press release was escorted by at least three smiling Bonilla photos in poses with local dignitaries as well as Bonilla’s weekly column on the Avalanche editorial page. Bonilla tells us how to “beat the heat without the high energy bills.”

We are deeply appreciative of Bonilla’s advice, however we would prefer that he answer our questions about the “Bonilla Bypass,” a road project in Lajitas which appears to be an “earmark.” An “earmark” is a legislative action, an amendment to an appropriations bill which receives no review by the Executive Branch or Congressional authorizing committees.

The earmark system is one of the current scandals roaring in Washington and Bonilla is reputed to be a champion earmarker by virtue of his position on the House Appropriations Committee where he is Chair of the Agricultural Subcommittee and a ranking member on the Defense Subcommittee.

Critics call earmarks a “culture of corruption.” The earmarks sometimes appear to be paybacks for campaign contributions. In a well-publicized confrontation in May between Representative Henry Bonilla and fellow congressman Jeff Flake, an Arizona Republican, Bonilla called Flake’s efforts to eliminate earmarks “insanity” and implied Flake should “wise up.”

“Everybody understands the game here,” said Bonilla. Flake certainly does. He told the New York Times, “Logrolling reigns supreme.”


In addition to his support from the group who met at Sul Ross and the Alpine Avalanche, Bonilla has raised $2,279,677 as of August 2, according to the Center for Responsive Politics. His opponents in the 23rd Congressional District are Ciro Rodriguez, who has raised $759,022 and spent $851,012; and Rick Bolanos, who has raised $13,061 and spent the same.

Were the several million dollars for water projects prominently displayed in the weekly newspapers earmarks? As a matter of fact, many of the earmarks each year are appropriations targeted for colleges and universities in the various venues of the respective congresspersons.

During the past week we have been busy trying to correct the errors of various regional newspapers. None of those newspapers are doing earmark stories. Most of the media stories publish the huge campaign contribution edge which Representative Bonilla maintains but few try to match the contributions with earmarks.

Water research by Sul Ross is to all appearances an entirely benign activity. But the U.S. Army is currently underfunded by $22 billion dollars. Troops in Iraq go without body armor. The Army is enlisting 42-year-old grandmothers. The Bush Administration is destroying the ground forces of the U.S. Bonilla is on the Defense subcommittee of a Republican-controlled Congress which has been negligent in their oversight of the incompetent Rumsfeld Defense Department. Money is fungible. Appropriations which are secret earmarks to benefit campaign contributors are wrong.

We would like to know who was in the Sul Ross meeting. We would like to know which prominent elected Democrats were there, especially Democrats who have not contributed to the pitifully underfunded Bolanos campaign.

Water is good but so are tanks.

A secret meeting?

While we were on the trail of the secret “by invitation only” meeting at Sul Ross we were informed of yet another “secret” meeting by some members of the Southwest Texas Municipal Gas Company board of directors.

Our information was that on or about July 14, Alpine Mayor Mickey Clouse and Marfa Mayor David Lanman (both of whom are members of the gas company board) met with the gas company’s auditor Shaw Skinner. The mayors were accompanied by the city managers of the two respective cities. No agenda was posted for the meeting.

The cities are right now involved in budget preparation. Last year there was a substantial allocation of gas company revenues to the city of Alpine — almost $200,000. This allocation was some surprise because only the previous year the gas company had announced that for various reasons there would be no allocation forthcoming for several years. Not only was the allocation a surprise but also it was necessary to bail out the fiscal disaster in Alpine caused by the former city manager Karen Philippi.

Additional gas company revenues represent huge increases in gas rates over the recent years. But additional revenues are also necessary to maintain and repair the crumbling gas lines in the two communities.

The issue came up Monday night at the gas board meeting. Several questions were fired at Clouse and Lanman. We do not yet know the facts but our wide reading recently about the Texas Open Meetings Act (TOMA) permits us to comment.

The mayors were not a quorum? No, they were not. But they got together for something. If the “something” was to discuss the allocation of gas company revenues it was certainly public business because it is OUR MONEY. The gas company is public. The citizens might reasonably prefer any surplus gas revenues be expended to repair gas lines or reduce rates. So the meeting, especially Shaw Skinner’s contribution, should have been in public.

Oh yes … not a quorum? We quote for you from the current TOMA.

“551.143 – (a) A member or group of members of a governmental body commit an offense if the member or group of members knowingly conspire to circumvent this chapter by meeting in numbers less than a quorum for the purpose of secret deliberations in violation of this chapter.” (Our emphasis.)

The most prominent prosecution of an errant local government official was last May in Upshur County. The Texas Attorney General investigated, indicted and prosecuted John Wesley Moore II for a violation of the TOMA, Section 551.143.

Don’t worry though. The Upshur County jury acquitted.


We applaud the members of the gas company board for discovering this infraction of good sense and openness. Good work; that is the way it ought to be. •

(Also published by the Big Bend Sentinel of Marfa, Texas August 24, 2006.)