Readers of NPT might recall this piece in which I wrote about my request for the documents and what I perceived to be stonewalling by HACEP in seeking an Attorney General's ruling. I thought the documents clearly were subject to release under the Open Records Act there was no other reason to ask for an AG ruling other than to stall the release of the documents.
The AG ruled June 18 that the documents were subject to release. [see ruling letter and documents via the links below]
However, to be fair to HACEP Executive Director Gerald Cichon, with whom I spoke Wednesday, he looked me in the eye and said he had a legal question about whether the documents were subject to release. Since it's his job to protect the Housing Authority's interests, he said, he felt it necessary to seek the AG opinion.
Fair enough.
Either way, the material has been released. It describes the information being sought by various investigators from the Department of Housing and Urban Development.
Cichon said in a follow-up e-mail message that the on-site portion of all reviews have been completed, "but a final report from HUD is still pending in their respective areas. The OIG audit is ongoing. At this time, I am unaware of any official date for the completion of the OIG audit."
The OIG audit is a reference to a review by the Office of Inspector General, which is looking into the hiring of Cichon and HACEP contracts. The OIG sent a letter March 12 announcing its review of those two areas, and asking for board minutes and a list of contracts, among other items. [ hacep commissioner pushed bid to aliviane, nov. 28, 2007] [ despite harsh hud letter, hacep hires new ed, dec. 19, 2007]
HUD also is looking into four other areas:
-- Whether HACEP has complied with the Americans with Disabilities Act
-- A review of HACEP's Shelter Plus Care Program
-- An Office of Labor Relations review of Labor Standards. This review was to be done in conjunction with the Hope VI program review
-- A review by the Office of Public Housing on the HACEP Hope VI Program. This is significant because of the delays in the Alamito project in South El Paso.
The review is meant to ensure compliance with the plan and to "verify that the respective files contain accurate and required documentation," states the April 18, 2008 letter announcing the audit.
The investigators ask for a budget, evidence of relocation activities, a Community Supportive Services Budget and documentation of accomplishments, the architects and engineers contract (including change orders), and all correspondence from the Texas Department of Housing and Community Affairs "referencing the award, or loss, of Low-Income Housing Tax Credit allocations for any phase of the Alamito revitalization project."
The letter states that HUD staff "will be conducting file reviews, interviews with both Hope VI tenants and HACEP staff, and site visits of Hope VI properties."
Newspaper Tree presents the audit letters below as a matter of public record.
Related Documents:














Jerry Kurtyka
June 27, 2008
I asked HUD if the final audit reports would be made public, a legitimate concern given HACEP's recent stonewalling of Open Records requests. I received the following email from a HUD representative with a link to the site where the reports should be accessible, when finished:
"Mr. Kurtyka, Good afternoon. I am the assistant regional inspector general in FortWorth. I received your letter dated June 9, 2008 and will try to assist. We have not issued an audit report on the HA of City of El Paso. All ofour audit reports once issued appear on our website. Here is a link (you can also sign up to received e-mail notifications of audit reports). http://www.hud.gov/offices/oig/reports/auditreports.cfm If you have any questions, please give me a call (817-978-9309) or e-mail(WNixon@hudoig.gov). William W. Nixon"
Lets keep our fingers crossed that HACEP doesn't figure out a way to derail these. Then again, maybe all is well at HACEP? But I wouldn't bet on it.