January
19, 2006
No Taxation Without
Representation?
By
Jack D. McNamara
That slogan from our
Revolutionary War never was heard in Brewsterland.
Our dreary story began sometime in middle December when Alpine Mayor
Mickey Clouse handed a letter from the Brewster County Tax Appraisal
Office to Alpine City Manager Chuy Garcia. The letter announced the
pending expiration of the city’s appointment to the Central Appraisal
District (CAD), former Mayor Paul Weyerts. This is a panel of
representatives of all the taxing governments in Brewster County —
school districts, the hospital district, the city of Alpine and
Brewster County. Brewster County Judge Val Clark Beard chairs the
board. For more years than most can remember, the city of Alpine has
been represented by Paul Weyerts, the mayor from 1998 to 2002 and a
city councilman at other times.
Current Mayor Mickey Clouse put the selection of a new appraisal
ambassador on the agenda for December 14. When the item was called that
evening, first term Ward 3 Representative Burnis Lawrence nominated
Mayor Clouse.
The city contributes more than $18,000 to the appraisal district each
year for their services.
There was no second, moving Mayor Clouse to say that shows what the
council thinks of her.
Ward 4 Representative Manuel Payne nominated his fellow south side
Representative Anna Monclova. Ward 1 Representative Avinash Rangra
seconded and the council voted 4-1 to send Monclova as the city’s
representative. Lawrence was the only dissenter. The city charter does
not permit the mayor to vote except in cases of a tie vote.
At the time she was selected, Representative Monclova was trying to
satisfy several years of back taxes owed on her homestead on Avenue H.
She was notified in November by an Austin law firm that she was in
arrears. She negotiated an installment payment deal with a Tax Office
employee, but was later informed the deal was unacceptable.
So on December 28 Mrs Monclova paid up her tax arrears in the amount of
$5,674.12.
In the meantime,
Linda Bailey Potter, who maintains an Internet website called “Border
Hotline,” published on her website December 23 that Mrs Monclova’s tax
problems “could keep her off the board.” Not until the ninth paragraph
does the reader learn that Mrs Monclova paid her taxes.
Friday, January 6, Beard wrote Monclova a letter describing Beard and
Houston’s challenge to Monclova’s office. The letter was delivered to
Mrs Monclova Monday, January 9 at her place of employment by the
courthouse maintenance superintendent.
The Central Appraisal District met Tuesday, January 10 to consider an
agenda drafted by Mrs Beard and County Attorney Steve Houston. The
problem, according to them, was that the Texas statute says a person is
ineligible to serve if the individual owed taxes “for more than 60 days
after the individual knew or should have known of the delinquency.”
The commissioners’ meeting room was full though that was difficult
because chairs had been removed to county court. Mayor Clouse, former
mayor Weyerts and several council members, including Mrs Monclova, were
present.
Interim city attorney Rod Ponton attempted to address the CAD Board but
Mrs Beard told him he was not “recognized.” The CAD board members made
short remarks and then the board retreated into executive session. When
they came out Mrs Beard led a vote to retain Houston to submit the
question raised by the statute to the Attorney General for an opinion.
Neither the board nor Mrs Beard nor Houston ever addressed Mrs
Monclova. An exhaustive discussion of her tax affairs had been underway
since early December with a journalist and numerous taxpayer-financed
attorneys but when it was time for the responsible people to say
something about it they managed to avoid discussing the issue publicly
on January 10. The city’s attorney was gagged. The city of Alpine’s
6000 citizens are denied representation in the weighty discussions of
the appraisal district.
When the CAD board met, the city council had already called a special
meeting for January 12, Thursday. They met to
consider the single item raised by the CAD’s action.
Monclova recounted the specifics of the matter and further concluded
that any council member who asks questions in Alpine is subjected to
broadside attacks from the Avalanche and Potter. She said lies by
former city manager Karen Philippi were pointed out in public session
and not reported. Councilman Bob Brewer accused County Judge Val Beard
of interfering in the affairs of the city for the second time.
Mayor Clouse implored
Monclova to surrender her nomination and attacked interim city attorney
Rod Ponton, who wasn’t there. Mayor Clouse does not defend the
positions taken by the council majority. After many years in various
offices Mayor Clouse apparently could not recall the circumstances of
Ponton’s appointment.
The council voted to re-nominate Monclova and if the CAD persists in
what Rangra called the “frivolous denial” of her seat on the CAD Board
the council should retain their outside lawyer Jim Nias in Austin for
his opinion.
That proposition passed and then Monclova said she wanted to say
something.
Monclova said, “I withdraw my nomination” and she recommended Bob
Brewer of Ward 5 to replace her.
It was done 4-1 and that is that. In councilmembers’ comments Brewer
said he would bring a resolution to the county judge that she should
stop interfering in the city’s business.
The 2006 election is marching ahead to the same drumbeat as it did last
year. It sometimes appears Slime is the only political party because
there is so much of it.
But the political contest here is not about nothing. The city of Alpine
has almost $5 million to spend on fixing the water lines. Those who
will repay the loan, namely citizens and utility payers, will be paying
for 30 years. It is not a grant and about 10% of the money goes to
experts and middlemen.
We are in Alice’s Wonderland here in Brewster. You can’t serve on a
county board (the Central Appraisal District) if you owe taxes — that
makes sense.
Then if you pay your taxes, still you cannot serve because somewhere
sometime you owed taxes.
Brilliant. Only a Texas lawyer in Wonderland could dream this up. •
(Also
published by the Big Bend
Sentinel of Marfa, Texas January 19, 2005.)
|
Archives