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Edited on Fri Mar-24-06 11:24 PM by sonias
This had to be the most confusing hearing I've ever attended, and that includes the redistricting hearings. The background of the hearing is above under point #1. I guess watchdogs and possibly even Ronnie Earl's division picked up on the fact that Ceverha listed a gift from Bob Perry (Swift Boat Liar) simply as "check" and the Ethics Commission failed to fine him or require him to report the actual monetary amount. Representative Burnham, of course won't allow that little scam to stand. The action vote today was simply to publish the rule for comment. It was not a vote on passing the rule, simply publishing it so it could move on, and have a hearing with public input.
Attorney Buck Wood who is representing Lon Burnham, I imagine in a lawsuit on this case, opened up the testimony in the hearing. Wood said he really couldn't understand what part of the legislation the committee did not understand. He said he felt Burnham really shouldn't need a rule. Wood had a part in drafting the original legislation that required the disclosures of the value of gifts. He said it has been very clear from the beginning that description meant, "describe the gift". If you received a car you would have to put down something like Cadillac, so that the people could make an informed decision about who might be influencing a decision maker. He also chided the board for not having the meeting taped. Someone on the board responded that the decision to tape a meeting was made by the House.
Rep. Burnham was up next. Rep. Burnham asked for a rule from the Ethics Committee, to "clarify" what he feels is perfectly clear legislative language, stating gifts must be described. Burnham says the intent of the legislation was of course, full disclosure. Burnham gave a little background about himself, He'd been a student who interned for Common Cause during the Sharpstown Scandal. Burnhan said that the commission's staff advice is simply wrong, and pointed out that people could literally just put the words "thing of value" and the commission would let that stand. He said that was ludicrous. Good discussion from some of the members on the dais who agreed with him that this was a loophole that should be closed. Burnham feels like it's not a loophole and that the commission was simply not doing their job, and were getting bad advice from staff on the interpretation of the legislation.
Craig McDonald of Texans for Public Justice, who lives and breathes ethics and finance reporting, testified next. He read the committee the definition of the word "description" and said that the word "check" was not a sufficient description for money. McDonald said if the commission was starting to take the position that this kind of reporting was meeting the intent of the law, then Ceverha could very easily listed an armored truck full of money, simply with the word "truck". And certainly that was ridiculous. And at that point another commissioner (Nicholas Taylor) agreed with him that the work "check" was simply the method of conveyance, and not a description of the gift.
One more person testified, who I think was a lobbyist. I didn't catch his name, but he also agreed that a rule was needed to clarify that gifts of money need to have a declared amount as part of the description.
Commissioner Taylor again agreed saying, someone could list "10 pieces of paper" as a description, when in fact those pieces of paper were 10 $100 bills. One commissioner, a particularly snarly guy by the name of Raymond Trip Davenport, said while there may be a loophole, that he did not believe the commission had the authority to interpret the legislation. Davenport thinks the legislation should be changed in the House and that Rep. Burnham should file a bill correcting it. Yeah right, like Craddick would ever allow legislation to do that.
There are apparently 8 commission members and only 7 were present. They took the vote, the ayes for Burnham's to get his rule published for comment were 4, and 3 against. The vote failed, because according to the Chair Cullen R. Looney, the vote needed at least 5 ayes.
So here are the true criminals with no ethics on this commission who are doing nothing but protecting Perry, Craddick and Ceverha: Ross Ficher Raymond Trip Davenport (vice chair) Francisco Hernandez
The 4 yes votes were David Montagne David A. Reisman Cullen R. Looney (chair) Tom Harrison
Ethics in the Ethics Committee, who needs them?
Sonia
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