Friday, October 5, 2012

Precedent for Laredo nepotism case

The city continues to either be or play ignorant in regards to the nepotism charges being levied against it.  LT has recently posted a copy of the lawsuit filed by Laredo Gerry Garcia against the city of Laredo and some of its officials.

Keyrose of La Sanbe even went to the lengths of trying to make some sense of the whole fiasco and spoke to an assistant city attorney.

As VIDA has mentioned before, there is already a precedent for a home-rule city such as Laredo to impose nepotism prohibitions as it pertains to the hiring of firefighters and police officers.

For your consideration, VIDA has previously asserted the following:


The Texas Supreme Court has held that a municipality can further legislate in areas of Civil Service Law which are not already comprehensively covered by the Act. This is necessary because without further restriction to the chapter 143 qualification, cities and municipalities could not disqualify applicants who may have been convicted of numerous misdemeanors, who had unsatisfactory employment records, a history of mental illness, or a background of moral or fiscal irresponsibility which would make them unfit to serve in either the fire or police departments. 

Chapter 143 will not limit a home rule city's, authority to impose additional entrance requirements on police and fire fighter applicants unless the legislative intent to do so is clear. 

 There are a number of cases that have upheld city ordinances in the face of Chapter 143 challenges.  In Collier v. Firemen's and Policemen's Civil Service Commission of Wichita Falls, the court held that the Commission could adopt, and Chapter 143 did not preclude use of, anti- nepotism rule for hiring into the city's fire department.
 
Furthermore, the Texas Attorney General has ruled that “[t]he governing body of a home-rule city may not, by ordinance, override a provision of the city charter...."

10 comments:

  1. In 1912, Texas voters passed the Home Rule Amendment, Article XI, § 5, which gave a city with more than 5,000 inhabitants the power to adopt its own charter if approved by the city’s voters, thereby granting the power of self-government A general law city has no specific act that governs it, nor does it have an individual charter. Rather, the duties and powers of a general law city are governed by statutes, otherwise known as “general laws.” Upon incorporating, a city must look to the general laws of the state for any authority to act and any grant of power from the state. When a general law city reaches a population of 5,001 inhabitants, it is authorized by Article XI, § 5 of the Texas Constitution to hold an election to adopt a home rule charter. Once a home rule charter is adopted, a city thereafter has the full power of local self-government. TEX. LOC. GOV’T CODE § 51.072. The words “home rule” mean exactly what they say, the power of a city to govern itself so long as charter provisions or ordinances are not inconsistent with state law. Home rule cities derive their power from the Texas Constitution and look to the state legislature only as a limit on that authority. In other words, home rule cities may do anything that is not specifically prohibited by state law. State law does not specifically prohibit a home rule city from creating an anti-nepotism provision in its city charter. Furthermore, state law does not specifically prohibit a nepotism provision from applying to Police Officers and Firefighters regardless of whether Chapter 143 of the TEX. LOC. GOV’T CODE § 143 has been implemented. Therefore, Raul Casso’s argument that it the anti-nepotism law doesn’t apply simply because chapter 143 is silent on this nepotism issue is unpersuasive at best and a fraudulent cover-up at worst.

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  2. Yes, what he said.

    LT

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  3. No hope for Laredo. That's all I can say after reading Sunday's headline. :/

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  4. Well said Monte. Raul Casso is an idiot. Who hires and fire the city attorney? I assume it would be the city manager. Villarreal, Get rid of Casso he's just a waste of taxpayer money. Put pen to paper and figure out how much the city has paid in lawsuits and judgments during Casso's watch and due to Casso's bad legal advice.

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  5. Just reading the charter makes it pretty clear that Charlie's sons need to go. Why does the city make this so complicated?

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  6. This also applies to federal employees on first pick of homes for sale, just go to foreclosure sales and look at how many homes are locked out for everyday viewers. It seems that LDO caters to this local employees over the out of towners. Just compare the rents. There is a waiting list, it seems some are making money off of federal agents..
    It almost seems like LDO is making out of towners unwelcomed!

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  7. Why is there NO mention of Judge Veliz son as Constable in same district and who by the way, made LT in less than two yrs?

    Is there a double standard?

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    1. This are the type of questions that should be made and answered in order to clean corruption in Laredo Texas

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  8. Another local public figure that should be investigated is Judge Ramiro Veliz Jr. and his son Ramiro Veliz III. The judge's son Veliz III is a lieutenant as a constable and now he was appointed a UISD SCHOOL BOARD Member. He only holds a Associates Degree in Criminal justice without having any prior experience in education. Do we want people like this to make school decisions that affect our children? They should investigate more cases like that in Laredo so we may clean this town from people like San Miguel and put well prepared scholars into those public administration positions.

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  9. Rolando Rolly Saenz is the best Candidate to be Justice of the Peace.(2014) I know that he has been preparing himself for his position for many years and has a lot of experince. Judge Veliz JR. does not even know how to speak proper English and of what I know he has never described his level of education and preparation for his position. Along with that I have notice that he practices nepotism corruption by getting his sons Ramiro Veliz III a job as a Constable in the same district. He son was recently been appointed a UISD school board member which involves critical decision making duties for the future of our Laredo students. His level of education is an Associates in Criminal Justice(non related with education) with no prior experience with teens or children education. I am a University scholar with more education than him and much younger than him and I believe that there are many other scholars with education degrees that are well prepared to manage those positions. So if Laredo has a University full of prepared citizens for those positions why would we want an individual who is only known because of his father Judge Veliz Jr. and has no preparation for that position? Lets remember that their decisions reflect on our Laredo students regardless if the decision is illogical. Remember that an IGNORANT can not teach another IGNORANT of what is right or wrong. Even for the constable position the University is graduating hundreds of scholars every semester that have studied the Criminal Justice field enough to get the opportunity for a position that he has. This is how you detect nepotism.

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