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August 2, 2007
The Congressman in Alpine Ciro Rodriguez By Jack D. McNamara Last Saturday our Representative to the U.S. House of Representatives, Ciro Rodriguez of San Antonio, met with about 100 constituents at the Bread and Breakfast Restaurant on Holland Avenue. The gathering was a Standing Room Only crowd of feisty Big Benders who peppered the rep with questions over more than an hour. The general mood of conviviality was enhanced by the free breakfast provided by Rodriguez and Alpine City Councilman Avinash Rangra, who also made the introduction and the recognitions of local elected officials. Representative Rodriguez gave a short brief of the actions of the Democratic Congress. They now work Monday through Friday and he had just arrived in Alpine Saturday from a long Friday session which passed the Homeland Security bill. Rodriguez is a member of the powerful Appropriations Committee. The most persistent question raised was, in various forms, when is the Congress going to impeach Vice President Richard Cheney? A Marathon man, describing himself as an “oil man”, cited the Vice President for contacts with the British Empire and the phony “intelligence” preceding the Iraq War as examples of impeachable conduct. Rodriguez demurred, saying the Democrats did not have enough votes to impeach. While there might be enough votes in the House of Representatives where a majority suffices to vote Articles of Impeachment, Democrats lack the votes in the U.S. Senate, where at least 60 votes are necessary to overcome a filibuster. Another election is needed. This was a Democratic crowd and the veep is lucky he did not have to survive a vote in the Bread and Breakfast last Saturday morning. Several Republicans were present, however, and in the general good feeling engendered by sausage, eggs and gravy, they were not bashful in their questions. The Brewster County Republican Chair, Hal Craig, was an early questioner and waded into criticism of one of the Democrats proudest accomplishments — raising the minimum wage. Craig said, among other criticisms, that the raising of the minimum wage would cost jobs. Rodriguez responded quickly and firmly. He pointed out it had not been raised since 1997. Texas had the lowest wage allowed by law, $5.15 per hour. A full time worker on that wage still is at the poverty line with an annual pay of $10,712. “I disagree with you,” said Rodriguez to Craig in forceful but polite manner. The audience erupted in cheers and applause. Then after another exchange the audience cheered again. Undaunted, Craig changed subjects and asked Rodriguez about “earmarks.” There are 17,000 in the currently pending Defense Bill, Craig said. Those are the tags placed on legislation for projects favored by individual legislators. At present, more than 32,000 of these special deals are pending. Earmarks are defended as the prerogative of an elected official so he can do good. Opponents use the term “culture of corruption” to describe the process. Representative Rodriguez is on the Appropriations Committee where most of the deals are secured. Rodriguez countered that this week the Congress will take up a reform bill which will address the corruption in the legislative procedure in Washington. Part of that bill will preserve the earmarking system but will make the earmark actions public for the first time. Representative Rodriguez went into considerable detail as to how the new Congress (and himself) will ensure openness and accountability. Some discussion ensued of the La Entrada al Pacifico (LEAP) project. Representative Rodriguez seemed to think that LEAP was a “growth” issue, implying new suburbs for our desert communities. But Fran Sage of the “Stewards of the Big Bend” group was insistent and got access to a staffer for future illuminating. Representative Rodriguez then departed for a supermarket crowd as part of a long Saturday talking with his constituents. Brewster County Veterans Service Officer Emilio Salmon was in hot pursuit. La Entrada Sterry Butcher, of the Big Bend Sentinel, has just published a lengthy La Entrada story of July 27 in Texas Observer online (http://www.texasobserver.org/article.php?aid=2554) “If We Build It, Will They Come? … West Texas Residents Fight to Halt the Proposed La Entrada al Pacifico.” The story is a very readable narrative of how we got where we are now and includes both sides of the dispute. We will forward it to Representative Rodriguez. TOMA at the Fifth Circuit Sometime soon the lawyers representing the litigants in the Texas Open Meetings Act case which began here will head for the Fifth Circuit Court of Appeals to argue it again. The case was heard several months ago in U.S. District Court in Pecos and the plaintiffs, Avinash Rangra and Anna Monclova, are appealing the decision of Judge Robert Junell. The decision was published November 11, 2006 and appears in the Nimby News Archives, “A Message from the Judge” November 30, 2006 (http://www.nimbynews.com/06-A-message-from-the-judge-Archives-11-30-06.html). In the meantime the wheels of justice have been continuing to grind slowly. Two major decisions were handed down by the U.S. Supreme Court which we have written about. The Nimby News reported exclusively that the Texas Legislature does not comply with the TOMA. Terry Keel, when he wrote a memo for the Texas House of Representatives, described the TOMA as “absurd.” A member of the Texas Supreme Court, Justice Nathan Hecht, promoted the appointment of his friend Harriet Miers for the U.S. Supreme Court in 2005. The Texas Judicial Conduct Commission found Justice Hecht had violated the commission’s rules and reprimanded the judge. Justice Hecht appealed. A three-judge panel overturned the judicial commission on the grounds that Justice Hecht had a First Amendment right to advocate for his friend Miers. Now we have another one. “Former Judge Wins Partial First Amendment Victory at Fifth Circuit,” by Mary Alice Robbins of Texas Lawyer, says the federal appeals court has cellared that a Dallas County Court At-Law Judge, Robert Jenevin, did not commit juridical misconduct when he used the county’s computer to send 75 emails concerning his actions in the case. Hmmm. It is increasingly evident to us that the only Texas elected officials who do NOT enjoy the rights incorporated in the First Amendment to the U.S. Constitution are the ward representatives of the Alpine City Council. But beware reform! Once upon a time the Texas Open Meetings Act (TOMA) was a cause for high hopes. On Tuesday the U.S. House passed their openness and transparency reform bill (S.1) with only eight votes in dissent. Between now and Election Day in 2008 we will have an opportunity to see if they really mean it. • (Also published by the Big Bend Sentinel of Marfa, Texas August 2, 2007.)
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