When we requested information on payments made by the city to vendor Diane Dillard, we got a rambling discourse from City Asst. Attorney Allison Bastian – probably under direction from contract attorney Mark Sossi – to the effect that the city did not consider what work she performed a matter of public information.
This legal eagle didn't just make public information law on the fly, but she also chose to ignore our second request which read so:
2. "all responses to city RFPs (Requests For Production(?) (sic) Proposals from vendor Diane Dillard."
According to Bastian, the crack legal team over at the city thinks that "as the Professional Services Procurement Act does not apply to the solicitation of legal services, and state law provides no particular procedure for obtaining such services, the city has nothing in response to Item 2."Well, now, last time that we checked with the city's purchasing department, they told us that there was a set procedure for contracting professional services. That includes legal, architectural, engineering, etc. services provided by professionals.
It goes something like this: The city drafts the specifications of the job it wants performed, it advertises it through a local newspaper of general circulation, the Internet, the Texas Bid Pool, and awaits the responses. It then receives the sealed responses, tabulates the proposals, staff makes its recommendations and the final decision is left to the city commission.
Well, Bastian decided to opine that the city would not deign to respond on whether the city had received any responses from Ms. Dillard on the real-estate transactions for which she was paid a pretty penny. In other words, she was given the contract to do legal real-estate work based on what?
Much speculation has centered on this question, with one commentator basically asserting (which we do not) that there was a clandestine meeting involving the mayor and a federal judge at one of their homes where a deal was cut to steer business her way in return for leniency from the bench with the mayor's son.Other than this information based on hearsay, we don't go that far.
All we were asking was for the responses that the city had from Ms. Dillard – who happens to be married to federal judge Andrew Hanen – for any Request For Proposals for legal services.
That's it.
If there were none, the city though Bastian could have said so.
"The city does have invoices from Ms. Dillard which address item 1," Bastian wrote. "We are releasing those to you in redacted form; it is however, the city's position that portions of these items are subject to withholding exceptions pursuant to the Texas Public Information Act. The city is therefore seeking the opinion regarding the redaction of these portions. Should the Attorney General subsequently rule the items you seek may be released, we will do so at that time."In other words, Bastian and the city are taking the position that the public does not have the right to demand to know how their money is spent and how much was paid and for what purpose to any vendor, specifically one for legal services. At most, this will only buy them time before the Attorney General overrules their objections and they order city attorneys to release the information.
It is noteworthy that the invoices handed by Dillard to the city were addressed "The City of Brownsville, c/o Mayor Tony Martinez" and not to the city's Finance of Legal Department for approval.
The invoices were approved by City Manager Charlie Cabler.Both invoices submitted to the city by Dillard were dated August 1, 2013.
The first covered the period from November 12, 2012 to July 31, 2013 for which she charged 44.25 hours and was paid $11,062. The invoices' section dealing with "services" was blackened out entirely and does not state the services she rendered for payment, although there were 32 instances for which she was paid.
The second invoice – also dated August 1, 2013 – covered the period from January 17, 2013 to July 31, 2013 and has 45 instances when she charged for work performed in as many days. Those 45 charges totaled 92.25 hours for which she was paid $23,062.50 for a total of both invoices of $34,124.50.
Both invoices have been blacked out in the spaces where Dillard describes the work she performed for the city payments.
In her letter to the Attorney General, Bastian says "Diane Dillard is a local real estate attorney representing the city on certain real estate matters."
11 comments:
It's no secret that the mayor's son, a practicing lawywer, got great rulings from Judge Limas. That same lawyer was also the treasurer for Villalobos reelection campaign. He was "connected." Now is seems that secret payments were made under the guise of legal work to the wife of the federal judge. Good thing that the mayor's son was "unconnected." And thank you, Dad!
So, Bastian is the last bastion of scoundrels?
John Chosy $84,872
Allison Bastian $58,702
Just came across those figures for B'ville Assistant City Attorneys. Seems like Ms. Bastian could have an action for gender discrimination. Judging by that photo, she's a whole lot cuter than Chosy, too.
Pasted from the "2012 Municipal Procurement Laws Made Easy" publication, produced by the crack Texas Attorney General's Office:
"The Professional Services Procurement Act does not apply to attorneys, and the selection of an attorney is exempt from competitive
bidding requirements as a “professional service.”
But beggars can't be Chosy.
So the law is? I do Wherever I want
Conflict of interest to any citizen of Brownsville if I want to apply to any job, but those rules not apply to Judges and City Managers? No, Because is my town I do wherever I want
What is wrong with people paying $250.00 plus per Hour Service to an Real State Attorney??
nothing is wrong Is pretty normal that we pay, we have a lot of money and everything is perfect and beautiful in town....must to be nice to waist some else money!!
MONTOYA...EL QUE DECIDE A QUIEN LE DAN INFO ES EL CORRUPTO DE CABLER. EL ALCALDE NO HA PODIDO ECHARLO FUERA AHORA QUE TIENE MAYORIA EN LA COMMISION.EL CANCER EMPIEZA EN LA OFFICINA DEL MANEJANTE QUE PORCIERTO NO TIENE NI MADRE DE PREPARACION.LA 'CITY SECTRETARY' HACE LO QUE CABLER DICE Y LA MUCHACHA BASTION HACE LO QUE CABLER LE DICE.YA ES HORA DE LIMPIAR LA CUIDAD ELIMINAR TODA LA CORRUPCION QUE EXCISTE EN TODOA LOS DEPTS[heath el problema de willy glz,nunca se hizo nada,purchasing chingo de tranzas ordenas por cabler,parks otra dependencia hay chingos de tranzas y por ultimo PUBLIC WORKS AHI HAY UN NIDO DE RATEROSS TAMBIEN CONTROLADOS POR CABLER] SR.ALCALDE POR FAVOR YA ACAVE CON TANTA CORRUPCION METALE HUEVOS.
Juan i believe the law is very clear, when dealing with taxpayers money (example city of Brownsville) if its paid with taxpayers funds then it automaticly become public information but its a city tactic to also seek texas atty general ruling etc etc etc to delay releasing the information. Thats all. MLE
If you think Dillard gets paid too much, look at the $20,000.00 per month that the BISD board attorney gets paid, and he lives in Houston! He gets about as much as the school Superintendent who lives here and works a full day everyday.
As for Assistant City Attorneys, two points. First, ask Pete Gonzalez about Bastion; he'll know everything. Second, since Sossi is out of the office wining and dining commissioners to keep his job, guess who carries the work load of the office? Right, John Chosy ("JC")! JC is an experienced attorney, speaks at local bar seminars on municial law, and he is the one who carries the load in that office. (No, I am not JC posting under anon).
Or, you could ask Allison Bastian about herself--she'll know everything. just a thought. Oct. 12 at 11:09 has no clue about the city attorneys office as far as work load, at all. Bastian carries more than her share of the work.
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