In Texas
The Texas Commission on Environmental Quality (TCEQ) considers clean asphalt pavement millings to be non-hazardous. If they are reused for beneficial purposes (such as road construction or base material), they often are not managed the same way as waste requiring disposal.
Why this matters
If the millings came from a city street and were placed on private property: The legal issue would generally not be that the material is hazardous waste.
The issue would instead be ownership and authorized use of public property. Even though the millings are non-hazardous, if they belonged to the city and were diverted to private property without authorization, investigators could examine whether public resources were misused.
So, in the situation you’ve been discussing, the classification of the millings as non-hazardous does not determine whether there was misuse of public resources. The key questions would instead be who owned the material, whether officials had legal authority to dispose of or transfer it, and whether all applicable city policies and laws were followed.
So, in the situation you’ve been discussing, the classification of the millings as non-hazardous does not determine whether there was misuse of public resources. The key questions would instead be who owned the material, whether officials had legal authority to dispose of or transfer it, and whether all applicable city policies and laws were followed.
What investigators would want
To determine whether criminal charges are appropriate, investigators would likely seek:
*Work orders
*Daily activity logs
*GPS records for city trucks and equipment
*Fuel records
*Time sheets
*Payroll records
*Load tickets for the millings
*Equipment-hour logs
*Photographs before and after the work
*Property ownership
*Witness statements from city employees
If the evidence showed that taxpayer-funded materials and labor worth approximately $55,000 (based on estimate) were intentionally diverted to improve a private commissioner’s property without lawful authorization, Abuse of Official Capacity would likely be among the first statutes investigators would examine.
*Daily activity logs
*GPS records for city trucks and equipment
*Fuel records
*Time sheets
*Payroll records
*Load tickets for the millings
*Equipment-hour logs
*Photographs before and after the work
*Property ownership
*Witness statements from city employees
If the evidence showed that taxpayer-funded materials and labor worth approximately $55,000 (based on estimate) were intentionally diverted to improve a private commissioner’s property without lawful authorization, Abuse of Official Capacity would likely be among the first statutes investigators would examine.
Whether that results in criminal charges would depend on proving the required facts and intent beyond a reasonable doubt. There is obviously a lot of evidence by Gus's own admission to the press.
16 comments:
Luis Saenz es tu oportunidad de probarle a la comunidad del condado de Cameron que realmente hay zero tolerancia a la corrupción oficial si no actúas olvidate de tu reelecion
This situation is sooo disheartening for the citizens of Brownsville. De Leon is simply a bad apple.
The City Commission of Brownsville wanting a pay increase is ridiculous. These are not "paying jobs" and they ran with the knowledge that they would be serving the public. Personally I can't figure out how La India Linda can be a mother, wife, special education teacher, and city commissioner. When does she get me time. As the Spanish saying goes "el que tanto abarca poco navega." However, these are decisions these people made. They get health insurance too.
If the job and self sacrifice is too much don't volunteer and create a campaign to do it.
Gus is looking worse and worse. I hope the DA sends a clear message: DO NOT mess with taxpayer money!
they also need cell phone records on city issued phones as well as private to establish a pattern of communication.
Shame on the rest of the commissioners for not standing up and working with Gus to resolve this situation. Like the rest of the commission, Gus has been a tremendous improvement over previous commissions. Brownsville's efficiency and growth have become a model across the state.
Mejora considerable ? pero a sus bolsillos, la vergüenza es apoyar el cinismo de este comisionado
“It takes 20 years to build a reputation and five minutes to ruin it” — Warren Buffet
“It takes many good deeds to build a good reputation, and only one bad one to lose it” — Benjamin Franklin
The timing of the "dumping" and the beginning of a lease stands out like a sore thumb.
“We must, indeed, all hang together or, most assuredly, we shall all hang separately” — attributed in popular memory to Benjamin Franklin.
It is a metaphor for the necessity of unity: if the American colonies (or the COB) do not stand together in adversity, they risk being defeated and punished individually
They get health insurance, $25,000, and cell phones. What else do they get? They don't want to serve the best interest of the city. They want to serve themselves.
If you can't stand the heat get out of the kitchen.
What about Doro Garcia in the pu tures. Thry look awful chummy! Maybe he is not tge best pick to lead Brownsville. Looks like he is tight with Deleon. I don't think his in-laws can help erase that picture.
The other commissioners did not ask for this to be brought forth. The charter review committee proposed it. It was pushed by Pedro Cardenas, makes sense now? He owes taxes, has no money, still owes BCIC 25k for taking a grant and selling the coffee shop, lost his restaurant due to not paying taxes and stealing tips from employees, and now got the committee to push forth a raise! The voters still need to decide. Nothing is going through without the votes. If you disagree with it vote NO, plain and simple.
I agree, they can track via GPS where phones go! I remember being charged for using Mexican phone company just because I was too close to the border. I called and they had the coordinates of where my phone was at by the second. They know exactly what happened and need to look into it.
The rest of the commission voted NO, no one is backing Gus up! He’s on his Own! If you’re calling Gus an improvement you’re a sick person! Tell me what Roy De Los Santos did wrong? Nothing! Gus was a considerable down grade!
100% agree, Gus knew exactly what he was doing! This has all been staged!
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