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July 15th, 2015:

Interview with Karla Cisneros

Karla Cisneros

Karla Cisneros

We continue with candidates in District H, where incumbent Council Member Ed Gonzalez is term limited. Today’s interview is with another Heights neighbor of mine, Karla Cisneros. Cisneros is a longtime educator and education activist, having served six years on the HISD Board of Trustees, including a stint as Board President. She was a teacher at Travis Elementary School and helped develop its SPARK Park while there, subsequently serving as the Assistant Director of the SPARK Park School Program. She has since returned to teaching and is now at Harvard Elementary School. Here’s the interview:

You can see all of my interviews as well as finance reports and other information on candidates on my 2015 Election page.

Rusk County Clerk sets an example

I respect this.

RedEquality

The Rusk County Commissioners Court on Monday formally accepted the resignation of County Clerk Joyce Lewis-Kugle, apparently the first Texas elected official to quit office rather than abide by the U.S. Supreme Court decision legalizing gay marriage.

“Before taking office, I was required to take an oath to uphold the laws of this State and the United States,” Lewis-Kugle, elected in 2006, wrote in her resignation letter to County Judge Joel Hale last week. “Due to the recent decision by the Supreme Court, the laws I swore to have now changed.”

Trudy McGill, who served as Lewis-Kugle’s chief deputy, was sworn in Monday to replace her, and has the option of running for election in March.

[…]

After waiting to receive new forms from the State Registrar’s office following the Supreme Court decision, the county is now ready to issue licenses to same-sex couples, although an employee in the clerk’s office said Monday that no one had applied for one yet.

That’s how it should be. If you swear an oath to uphold the law, then decide you cannot do so, you should step down and let someone else do it. The large majority of Texas’ County Clerks have decided that they can in fact uphold the law post-Obergfell, but for those who decide otherwise, Ms. Lewis-Kugle has demonstrated what the correct thing to do is. Kudos to her for that.

Meanwhile, here’s a fascinating story about one of those clerks that isn’t doing the correct thing.

In Irion County, not all sentiments are so colorful, but the people have had plenty to talk about since the County Clerk there, Molly Criner, declared that neither she nor her office will be issuing marriage licenses to same-sex couples despite the Supreme Court’s recent ruling that extends those rights to all US citizens within her borders.

[…]

Two women walked into the Irion County Clerk’s Office on Wednesday, greeted the staff and requested a marriage license. The clerks, seated behind desks in the open office space beyond the short counter, exchanged nervous glances.

“We,” the blonde one paused contemplatively, “will let you talk to our clerk, Molly Criner. She’s not in right now, but we will giver her a call and she can come in. In the meantime, y’all can wait here…or you can sit out in the hall. We have coffee, we have water, whatever you would like.”

With a smile on her voice, the clerk followed the two women out into the hall, eagerly explaining where to find the coffee and water at great length and offering to brew a new pot should they be in need of caffeine.

Criner, clad in a hot magenta knee-length skirt, white long-sleeve shirt and brown hair flowing loosely around her shoulders, extended her hand as she walked in and asked for the women’s names.

“We just need a marriage license,” one of the women repeated.

“Ok,” Criner sighed, “well, I can’t do that. But the clerk’s office in San Angelo is only 25 miles [away] and they’d be happy to issue one. I just can’t.”

For minutes the dialogue continued, the women questioning Criner as to why she was refusing and whether she had the paperwork and authorization. She responded that she does have the paperwork and is authorized, but repeated that she “just can’t do it.”

Referencing her staff, all of whom she said have issued marriage licenses to heterosexual couples in the past, Criner explained that no same-sex certificates would be coming out of her office. “I have not delegated my authority to them to do it, so they don’t have a choice,” Criner said. “You know, we all believe very strongly in what we believe, and I admire you for that. I really highly recommend 25 miles down the road, where you can get a license in Tom Green County.”

Criner would not speculate as to what the legal repercussions her choice could have, or how she would respond to orders from the court. She also couldn’t say whether she’d remain in office or resign if the Supreme Court’s decision is signed into law. She did, however, admit that feedback within the community has been divided.

“I’ve heard both positive and negative comments from many people,” she said, later on in the conversation stating she’d “have to think about that” when asked what her feelings are with regards to those citizens of Irion County opposed to her decision.

I have no idea why Ms. Criner thinks the Supreme Court decision needs to be “signed into law”, nor whom she thinks would sign it. I have a sneaking suspicion that if the answer to the second question is “President Obama”, it won’t change her opinion of it. But mostly I wonder what she will think she she gets sued, and what the voters in Irion County will think when they get presented with a massive legal bill for her defense. There’s still time to avoid this, however. Rusk County offers one possible way, and nearly every other county in Texas offers another. Up to you, Ms. Criner. Paradise in Hell has more.

UPDATE: From the Observer, Live Oak County Clerk Karen Irving has decided to retire in order to avoid issuing same sex marriage licenses. Kudos to her as well. And to answer Michael’s question in the comments, County Clerks are elected in even-numbered years. Ours in Harris County was re-elected in 2014 and will be up again in 2018, by which time one hopes this will all be largely a non-issue.

Campaign finance reports may be a bit more interesting this cycle

And by “interesting”, I mean in the Chinese curse sense. From the city’s campaign finance reports page:

BagOfMoney

In April 2015, the Texas Ethics Commission released a new Electronic Filing Application. The changes made have to do with the separation of the types of contributions and political expenditures. Though these changes are minor, they require substantial modification to the databases that facilitate the electronic filings that campaigns will be making.

The Mayor’s Office, City Secretary, Legal Department, and the Houston Information Technology Services Department are working diligently to modify the database in a way that will allow electronic filings that comply with the amended TEC requirements. We do not currently have that database available, and will be providing daily updates to enumerate the status of the database reconstruction. In the meantime, if you intend to file before the deadline of July 15th at 5 p.m., the only current option available will be to file by paper in the City Secretary’s office. To produce a report that will satisfy the requirements enumerated by the TEC, you can go here to file as a local candidate and print the PDF, which you can then submit to the City Secretary’s Office in person, or via email at [email protected] The instructions on how to file are enumerated by the photo set below. The Texas Ethics Commission has also issued detailed instructions and troubleshooting information available here.

Until further notice, the City of Houston will not be enforcing Chapter 18 Sections 18-103 and 18-104.

If you have any questions, you may email Steven David in the Mayor’s Office at [email protected], or Danielle Folsom in the Legal Department at [email protected]

Otherwise, we will update this site once daily to show the current status of the database and its ability to receive electronic filings.

As of 07.14.2015 at 9:00am, the filing database is not working.

Via Campos, who reports that campaigns were informed about this last Thursday. I don’t know what this will mean exactly from my perspective as someone who examines finance reports and posts them to a webpage, but it definitely looks like they won’t be appearing just yet – usually by this point there are at least a few early filers up, but there has been nada so far this year – and at the very least I’ll have to get used to a new look. On the plus side, it may make it easier to add up the in-kind donations, which as we have discussed may make a current report or two look different than it sounds. We’ll see about that. All I know for now is that I want to see ’em, and I wish this could have gone better. Maybe by the time the 30 day reports are due, I hope.

Hempstead landfill update

From the inbox:

StopHwy6Landfill

After several postponements, the Contested Case Hearing on the proposed Pintail Landfill permit has been set for November 2, 2015, in Austin.

Assuming no further delays, the case will be heard by two Administrative Law Judges with the State Office of Administrative Hearings (SOAH). The trial is expected to take about two weeks. This proceeding to determine the facts is the last step before the Texas Commission on Environmental Quality (TCEQ) Commissioners make their final decision on the Pintail Landfill permit application.

The proposed landfill permit was not stopped by last December’s trial in Waller County.

The December trial was necessary to clarify whether former County officials acted legally in adopting, first, an amended version of the County’s 2011 landfill location control ordinance and, second, a Host Agreement. A jury of Waller County citizens decided that those officials did violate the Texas Open Meetings Act and the Texas Public Information Act.

The issuance of the TCEQ landfill permit remains to be decided. The application was referred to SOAH for a determination of the facts through a “trial” called a Contested Case Hearing (CCH). Such hearings include depositions, affidavits, expert testimony, and cross-examination relative to the many disputed issues in the application.

After the evidence is heard, the SOAH Judges will issue a “Recommendation for Decision” to the Commissioners of the TCEQ.

Along with Waller County, the City of Hempstead and several other Parties, Citizens Against the Landfill in Hempstead (CALH) is preparing for the CCH.

For over four years now, the landfill has been fought to a standstill and the Applicant still does not have a permit. Neither does it own the property.

Up against the big money of Green Group Holdings and their financial backers, CALH has had to budget tightly and fund every dollar with donations and fundraisers. If you are not aware, CALH has held 26 garage sales so far, each averaging about $10,000. These sales are so well stocked by wonderful donations and so popular with shoppers that we have had to rename the event ‘more than a’ Garage Sale. In addition, we have held annual dinner/auction fundraisers called ‘We Stand United’ in both 2013 and 2014, where tickets were sold out prior to the event and proceeds exceeded $100,000 each.

To date, most of the preparation work for the CCH has been done and paid for from donations, fundraisers and settlement funds from the December trial. However, it is estimated that another $300,000 will be needed by CALH to cover the remaining expenses of the upcoming CCH battle. Without lawyers to finish preparing for the case and to try it before the SOAH Judges, the fight could be lost.

This is why CALH is preparing to host ‘We Stand United 3’ on Saturday, July 25, 2015, at the Knights of Columbus Hall in Hempstead, Texas. All committees are working feverishly to make this event as successful as its predecessors. The community is coming together as always with donations, table sponsorships and ticket sales. If you would like to see a community working together in a positive, united way, we invite you to attend this event on July 25. Please see the flyer attached for details. We also invite you to visit our website and Facebook page to learn more about our organization and its activities.

Please contact us at [email protected] for further information.

See here and here for previous upadates, and here for more on the July 25 fundraiser. I have been a supporter of this effort to keep the landfill out, and I continue to wish CALH well. I had been a little concerned that the legislation passed this session to restrict contested case hearings might stack the odds against them, but I have been assured that it will not affect theirs. It’s still a concern going forward for others, but that’s a subject for the future. Regardless, I’ll be following it and will check for updates in November.