CA Newsletter: Uniquely Qualified

May 23, 2011

Recently County Commissioner Jack Morman requested the Office of the Harris County Attorney to conduct a review of certain actions of the Port of Houston and its offices. We were asked to look into such matters as compliance with the Open Meetings Act, the Public Information Act, procurement procedures, financial reporting, and conflicts of interest. Our office is uniquely qualified to conduct such a review, prepare a report, and provide advice to the appropriate authorities for a number of reasons.

Our Office provides legal services to Harris County which has over $16 billion in assets, over 40 separate departments and 16,000 employees. In addition, we represent related entities that are large organizations in and of themselves including the Harris County Hospital District and Flood Control District. The size and complexity of the organizations we represent give us considerable experience in handling the legal issues that are common to large public institutions such as the Port Authority.

Our office is the acknowledged leader in the areas of law which we are reviewing. Our attorneys teach continuing education classes on the Open Meetings Act, the Public Information Act, procurement procedures, financial reporting, and conflicts of interest. We provide advice to elected officials not only in Harris County but throughout the State of Texas. We are the experts. Our office is uniquely qualified because the County Attorney is an independently elected official accountable to the people of Harris County. No other official or organization can prevent the Office of the County Attorney from carrying out its statutory and constitutional duties. The role of the County Attorney as an elected official who has independent duties and powers has been repeatedly affirmed by the Texas Supreme Court.

Finally, we are uniquely qualified because conducting this type of review is part of our mission and duty. Section 41.009 of the Government Code places upon the County Attorney the responsibility and authority to “institute the proceedings that are necessary to … preserve and protect the public interest.” Our office has a long tradition of being more than just lawyers representing clients. We are public servants dedicated to the principles of open government, transparency, and justice. -Vince

Harris County to hire more jailers

Harris County Commissioners Court on Tuesday, May 17th, approved the hiring of jailers, hoping to trim overtime costs at the Sheriff’s Office. The plan calls for the sheriff to move 35 part-time jailers to full-time, hire another 60 part-time civilian jailers and bring on, part-time, up to 60 of the roughly 300 officers recently laid off by the county’s eight constables. The proposal will save $3.6 million in overtime pay through the end of this fiscal year. First Assistant Terry O’Rourke, Special Counsel Marc Hill, and Senior Assistant County Attorney Doug Ray worked with the Sheriff’s Office, the Budget Office, and the Auditor’s Office to develop the plan.

HCAO gets TRO against Waller Polluter

Rock Owens and Laura Cahill from Environment and Public Infrastructure obtained a temporary restraining order last Thursday, May 19th, against New Energy Fuels based in Waller to stop the illegal disposal of waste in storm drains and waterways by subjecting the company’s officers to jail and fines if the order is violated. The County also seeks civil penalties, costs and attorneys fees in the suit.

The Houston Police Department, working with Harris and Waller counties found as many as eight illegal dump sites, and arrested one employee for allegedly dumping an oily substance into a City of Houston storm drain from a 6,500 gallon tanker truck. He’s now facing three hazardous waste charges and one water pollution charge.

San Jac Waste Pits Update

Snehal Patel, Environmental Regulatory Section, along with EPA, state and county representatives from Precinct 2 and HCPC, participated in the San Jacinto River Waste Pits community meeting on May 12th with more than 50 citizens and representation from various agencies and stakeholders. The purpose of the meeting was to explain to the citizens the progress made on the short-term containment solution as well as a health assessment issued by the Texas Department of State Health Services. San Jacinto Waste Pits, a partially submerged superfund site in the San Jacinto River. During the late 1960s, pits next to the river were filled with dioxin-laden paper waste from a nearby paper mill. Over time, due to local subsidence, the San Jacinto River flowed into and through these pits spreading dioxin, one of the deadliest chemicals in the world.

Title group helps DA combat land fraud

The Title & Abstract members of the Environmental & Infrastructure Group answer hundreds of requests from country departments about real property titles. Now their work is helping address what a Houston Chronicle article calls one of the “…largest title fraud cases in Harris County history”. The cases involve a racket where crooks steal title to unattended or vacant property by filing false deeds with the County Clerk. Later the deeds are used in fraudulent sales. Title Group members include Bobby Land, Charles Moritz, Rob LaPrade, Esmeralda Salinas, and Grace Newman. Bobby Land assisted Assistant District Attorney Valerie Turner with the task of unraveling fraudulent conveyances by providing ownership information. In the Chronicle article ADA Turner said her office has been flooded by claims involving fake deeds. The property targeted by these crooks is often located in areas where the residents can least afford to fight back including Scenic Woods, Third Ward, North Main and Sunnyside.

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