February 2009 - Posts
The El Paso County Ethics Board met this morning in a special meeting and approved proposed legislation to authorize the creation of an Ethics Commission. The Commission, in contrast to the current Ethics Board, would have the authority to enact an Ethics Code that includes assessing fines and criminal penalties to County public servants, lobbyist and vendors, who violate the Code.
At the meeting El Paso County Attorney José R. Rodriguez explained the details of the legislative proposal, explaining that the residents of El Paso demand more accountability from County government.
If approved as written, the proposed legislation would create an Ethics Commission of 9 members; one appointed by each member of the Commissioner's Court, and 4 representatives from the public chosen by the appointed members.
The bill would also authorize the Commission to assess fines of up to $4,000 for violations to the Code of Ethics, of up to $500 to officials or County employees for delays in providing information to the Commission, and up to 3 months in jail for unauthorized destruction or release of confidential information.
The legislation would also give the Commission strong investigative powers, including the authority to issue subpoenas and offer witnesses whistle blower protection.
El Paso County Attorney José Rodríguez said residents of El Paso County have been demanding more accountability from their County officials, particularly after some of them became the target of a public corruption investigation by the local FBI.
"During the last few months taxpayers and the media have been criticizing the County's Board of Ethics because it lacks "teeth" to enforce violations to the Code of Ethics. The approval of the proposed legislation today is the first step towards implementing a new system that will require from elected officials and County employees higher degrees of professionalism and honesty," Rodriguez said.
Members of the Ethics Board will present the proposed legislation to the El Paso Commissioner's County on Monday February 23, 2009 and request their support for the measure. If approved, the bill will be filed in the Texas legislature by members of El Paso delegation.
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Summary Ethics Legislation 2-18-09.pdf
County Ethics Commission Bill Draft 2-18-09.pdf
El Paso County Attorney José R. Rodríguez today announced the sentencing of an East El Paso resident who pled guilty to violating the State Illegal Dumping Statute, on private property, in East El Paso County.
48-year-old Jesús Fernández pled true to a motion to revoke his probation for illegal dumping, in violation of the Texas Health and Safety Code.
The offense occurred March 20, 2007, when a Sheriff's deputy was dispatched to 13599 Pellicano, in East El Paso County, in reference to an illegal dumping. The reporter described a black Nissan Frontier, which the deputy found at the 13600 block of Pellicano. The defendant admitted to dumping five 50-pound bags of trash in the desert area, close by.
On February 15, 2008, Judge Alma Trejo of the County Criminal Court at Law Number One (the Environmental Court), sentenced Jesús Fernández to 12 months deferred probation, 80 hours of community service at the Clint Landfill or other community clean-up, and $1000 fine plus court costs. Months later, the State filed a Motion to Revoke Mr. Fernández' probation, as he failed to perform all of the terms and conditions of his probation.
On February 5, 2009, Judge Carlos Carrasco of the County Criminal Court at Law Number Three sentenced Jesús Fernández to 75 days in the County Jail.
"Illegal dumping is a serious environmental crime which affects health and quality of life," said El Paso County Attorney José R. Rodríguez. "The illegal dumping of household trash costs taxpayers thousands of dollars every year in investigation, prosecution, and clean-up costs, moneys that we could be spending on other worthwhile projects. Those who refuse to perform the terms and conditions of their probation will be revoked and given jail time."
Rodríguez stressed that the County Attorney's Office will continue to prosecute such offenders to the fullest extent of the law. The penalty for illegal dumping ranges from a fine up to $10,000 for an individual, or up to 2 years in jail, or both fine and incarceration. For an association or corporation, the fine is up to $10,000.
To report illegal dumping or other environmental crime, call your local law enforcement agency: 911 if you see it happening; the Environmental Hotline at 1-888-6EL-PASO, El Paso Police Dept. at 832-4400, or El Paso Sheriff's Dept. at 546-2280.
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Fernandez Conviction Press Release.pdf
El Paso County Attorney José R. Rodríguez today announced the sentencing of a San Elizario resident who pled guilty to violating the State Illegal Dumping Statute, on private property, in far east El Paso County.
21-year-old Luis Javier Perales pled guilty today to 2 counts of illegal dumping (transporting and disposing) before Judge Alma Trejo of the County Criminal Court at Law Number One (the Environmental Court). Perales was sentenced to 12 months deferred probation, 100 hours of community service at the Clint Landfill or other community clean-up, and $1000 fine plus court costs. Mr. Perales was also ordered to clean-up two dumpsites where he illegally disposed of household trash, a mattress, and some tires.
The offense occurred on Sunday, March 9, 2008. Sheriff's deputies were dispatched to the intersection of S. Ascension and Colonia Granja, in East El Paso County, to investigate an illegal dumping call. The reporter described three males in a pick-up truck pulling a small flatbed trailer with a mattress and other trash, all of whom were dumping trash onto the desert. Upon interviewing the suspects, the deputies discovered that the defendant found the landfill closed, and instead of taking the waste back to his home, he decided to dump the trash in the desert, with the help of his cousin and uncle. During the investigation, the deputies found a second, older dumpsite near the place where the mattress and other trash had been dumped.
"Illegal dumping is a serious environmental crime which affects health and quality of life," said El Paso County Attorney José R. Rodríguez. "The illegal dumping of household trash continues throughout our community, despite efforts by the County to mandate trash collection in the unincorporated areas of El Paso County. Illegal dumping costs taxpayers thousands of dollars every year in investigation, prosecution, and clean-up costs, moneys that we could be spending on other worthwhile projects."
Rodríguez stressed that the County Attorney's Office will continue to prosecute such offenders to the fullest extent of the law. The penalty for illegal dumping ranges from a fine up to $10,000 for an individual, or up to 2 years in jail, or both fine and incarceration. For an association or corporation, the fine is up to $10,000.
To report illegal dumping or other environmental crime, call your local law enforcement agency: 911 if you see it happening; the Environmental Hotline at 1-888-6EL-PASO, El Paso Police Dept. at 832-4400, or El Paso Sheriff's Dept. at 546-2280.
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Perales Conviction Press Release.pdf