El Paso, Texas District Clerk Gilbert Sanchez filed an ethics complaint against El Paso County Commissioner Veronica Escobar today, September 1, 2009. Ironically, the new Ethics Code that Commissioner Escobar has been pushing was passed just minutes ago. Clerk Sanchez' complaint is as follows:
EL PASO COUNTY BOARD OF ETHICS
COMPLAINT FORM
Complete the following form and return the original to: Lupe Martinez, El Paso County Board of Ethics
Address: El Paso County Human Resources Department, 800 E. Overland St., Room #223
El Paso, Texas 79901, (915) 546-2218, ext. 3203
PLEASE TYPE OR PRINT
NAME: Gilbert Sanchez, District Clerk_________________________________
ADDRESS: 500 E. San Antonio, Ste. 103 ___________________
PHONE NUMBER: 546-2030 ________________________________
DEPARTMENT: (County employees only) District Clerk Office______________
1. Person against whom complaint is filed: Commissioner Veronica Escobar _____
2. Please indicate the possible Code of Ethics rule violation by stating the relevant paragraphs in the code. (The code is available online at www.epcounty.com/ethics/code.htm or may be obtained from Human Resources at (915) 546-2218, ext. 3203.):
§IV(A)(1); §IV(A)(2); §IV(B)(a); §IV(B)(b); §IV(C); §VIII(A); §VIII(B); IX(A) and XII
3. What are the details of your Complaint? (Please be specific with respect to names, dates and locations. Attach any additional pages if necessary.)
In the order to defend herself Commissioner Veronica Escobar was required to hire/request the assistance of a local attorney by the name of John Wenke who is bar certified in employment law and has a history of litigating against the County of El Paso and the City of El Paso. Many of these representations have yielded Mr. Wenke great wealth in the numerous victories against insurance companies and governmental agencies. The issue in question with the representation of Commissioner Escobar are the issues that at no time were the cost of his representation to her nor how Mr. Wenke was going to be repaid for his representation of Commissioner Escobar who may or may not be a personal friend of the commissioner or of her husband an US Attorney, which raises a question of possible conflict because the work being provided was done for free or as a gift. This action would have required her to file an affidavit stating any possible conflicts either by her as a decision maker and a voting authority or to the fact that Mr. Wenke may now or within sometime in the near future have legal matters in front of the Commissioner which she will have to make a settlement decision. Thus, it was not reported as required which raises questions as to the possible tic for tat method of payment for his legal services to the Commissioner which may place her in a difficult situation when it comes to legal matters that Commissioner Escobar may have to vote on any possible settlement offers. Not to mention issues about gifts and/or contributions to her campaign, be it as a in-kind or direct financial contribution which was not reported per Texas law and or placed on Commissioners Court disclosing it’s acceptance.
4. Possible Witnesses to Violation: County of El Paso Ethics Commissioners, Comm. Dan Haggerty, County of El Paso via web-cast; County Commissioners of El Paso; Lee Shapleigh; ACA Holly Lytle; other members of the County Attorney’s Office, Theresa Caballero, Stuart Leeds and County Judge Anthony Cobos
(Incomplete complaint forms will not be accepted.)
SIGNATURE: ________________________ DATE: August 30, 2009
EL PASO COUNTY BOARD OF ETHICS
COMPLAINT FORM
Complete the following form and return the original to: Lupe Martinez, El Paso County Board of Ethics
Address: El Paso County Human Resources Department, 800 E. Overland St., Room #223
El Paso, Texas 79901, (915) 546-2218, ext. 3203
PLEASE TYPE OR PRINT
NAME: Gilbert Sanchez, District Clerk_________________________________
ADDRESS: 500 E. San Antonio, Ste. 103 ___________________
PHONE NUMBER: 546-2030 ________________________________
DEPARTMENT: (County employees only) District Clerk Office______________
1. Person against whom complaint is filed: Commissioner Veronica Escobar _____
2. Please indicate the possible Code of Ethics rule violation by stating the relevant paragraphs in the code. (The code is available online at www.epcounty.com/ethics/code.htm or may be obtained from Human Resources at (915) 546-2218, ext. 3203.):
§IV(A)(1); §IV(A)(2); §IV(B)(a); §IV(B)(b); §IV(C); §VIII(A); §VIII(B); IX(A) and XII
3. What are the details of your Complaint? (Please be specific with respect to names, dates and locations. Attach any additional pages if necessary.)
In the order to defend herself Commissioner Veronica Escobar was required to hire/request the assistance of a local attorney by the name of John Wenke who is bar certified in employment law and has a history of litigating against the County of El Paso and the City of El Paso. Many of these representations have yielded Mr. Wenke great wealth in the numerous victories against insurance companies and governmental agencies. The issue in question with the representation of Commissioner Escobar are the issues that at no time were the cost of his representation to her nor how Mr. Wenke was going to be repaid for his representation of Commissioner Escobar who may or may not be a personal friend of the commissioner or of her husband an US Attorney, which raises a question of possible conflict because the work being provided was done for free or as a gift. This action would have required her to file an affidavit stating any possible conflicts either by her as a decision maker and a voting authority or to the fact that Mr. Wenke may now or within sometime in the near future have legal matters in front of the Commissioner which she will have to make a settlement decision. Thus, it was not reported as required which raises questions as to the possible tic for tat method of payment for his legal services to the Commissioner which may place her in a difficult situation when it comes to legal matters that Commissioner Escobar may have to vote on any possible settlement offers. Not to mention issues about gifts and/or contributions to her campaign, be it as a in-kind or direct financial contribution which was not reported per Texas law and or placed on Commissioners Court disclosing it’s acceptance.
4. Possible Witnesses to Violation: County of El Paso Ethics Commissioners, Comm. Dan Haggerty, County of El Paso via web-cast; County Commissioners of El Paso; Lee Shapleigh; ACA Holly Lytle; other members of the County Attorney’s Office, Theresa Caballero, Stuart Leeds and County Judge Anthony Cobos
(Incomplete complaint forms will not be accepted.)
SIGNATURE: ________________________ DATE: August 30, 2009
on September 1, 2009, 5:26 pm
Doesn't the county actually have to prove what a frivolous complaint would be, especially if there is no legitimate contract with the county and one who files a complaint? Now if one who makes a complaint is forced to agree to the conditions the county wants, doesn't that violate the rights of the individual based on the 1st amendment and the FOIA laws?
Since I don't have access to reading the bill, and I was denied the right of a vote on the bill because of the oligarchy of authoritarian types in the county, I can't quite comment on the details, except the $4000.00 that maybe be applied to anyone that makes a complaint.
This ethics bill, in my opinion, is a violation of both the Texas and US Constitution, and I hope the county and city and whomever else is sued big time if that is the case.
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