The Housing Authority of the City of El Paso has a new board, a semi-new executive director and, it appears, a new attitude toward how it will deal with questions: stall and obstruct.
Even during its most challenging periods -- to the credit of its directors, board and legal department – the housing authority complied with my information requests in a timely fashion.
The following exchange illustrates how things have changed.
What I thought was a routine request for documents has turned into a back-and-forth e-mail debate that has gone on for weeks. In addition, the exchange revealed a discrepancy in some information I was given.
On April 17, Gerald Cichon, executive director of HACEP, wrote in response to a question about audits that there were two audits taking place at HACEP.
On April 30, the last day allowed by law to respond to a Public Information Act request, the attorney for HACEP in a letter seeking an AG opinion on my request states there are five audits taking place.
The letter to the AG is available via the link at the bottom of this piece.
I had heard that HACEP, under Cichon's direction, was going to try to shut down the free flow of information. This exchange, to me, shows that there may be some truth to that rumor. The conflicting information from April 17 and April 30 simply adds to the obstruction.
It has been a while since NPT reviewed HACEP. I missed the first meeting of the new board and have not looked into several recent hirings that have been the subject of discussion. Has anything really changed there?
It's time to take another look. Here's a start. I've arranged it in chronological order to make it easier to read. Some phone numbers and e-mail boilerplate have been redacted, but otherwise, it's all there.
***
From: Sito Negron [mailto:sito@epmediagroup.com]
Sent: Wednesday, April 16, 2008 12:40 PM
To: Cichon, Gerald
Cc: 'Bob Blumenfeld'; 'David Crowder'
Subject: Record Request
Hi Gerry. I am still hoping to talk with you.
Also, please consider this a request for the following public records:
-- I saw on one of the "chat" forums that there are five audits ongoing at HACEP. Can you confirm the number of audits, who is performing the audits and what department of HACEP the audits concern?
-- I would also like a copy of the correspondence through which the audit is announced. I'm not sure of the technical term but I believe that before a given audit begins, HACEP is informed formally through a letter. That is what I am asking for.
As time is a factor in this request, I would ask that you respond as quickly as possible via email to confirm receipt of this request and to fill it. If possible, I would like those letters sent to me electronically in a PDF format.
I appreciate your attention to this request and look forward to speaking with you at your earliest convenience. Thanks.
Sito
---
Sito Negron
Newspaper Tree
416 N. Stanton Ste 300
El Paso TX 79901
www.newspapertree.com
sito@epmediagroup.com
========================
From: "Cichon, Gerald"
Date: Thu, 17 Apr 2008 16:48:22
To: "Sito Negron"
Subject: RE: Record Request
Mr. Negron,
If you have any questions please feel free to contact me over the e-mail with your requests. It is often difficult to get time for a telephone conversation and think that I would able to be more responsive if you sent me the questions you want answered.
Gerry Cichon
EXECUTIVE DIRECTOR
HOUSING AUTHORITY OF THE CITY OF EL PASO, TEXAS
5300 E. PAISANO DR.
EL PASO, TX. 79905-2931
========================
From: Sito Negron [mailto:sito@epmediagroup.com]
Sent: Thursday, April 17, 2008 5:06 PM
To: Cichon, Gerald
Subject: Re: Record Request
Sure:
-- What audits are taking place at HACEP? What depts, and when did they
start?
The letters announcing the audits that I requested would be a good start.
Thanks.
========================
From: Cichon, Gerald [mailto:gcichon@hacep.org]
Sent: Thursday, April 17, 2008 6:42 PM
To: sito@epmediagroup.com
Subject: RE: Record Request
In regard to the information you requested on the audits, the Housing Authority and the Board of Commissioners requested that the organization be examined by external auditors who work for the Department of Housing and Urban Development (HUD). We are pleased that this request was granted and any and all problems discovered under this oversight will be revealed and addressed, thus strengthening HACEP as a whole.
The Housing Authority of The City of El Paso (HACEP) has a legal obligation pursuant to such applicable regulations as Section 504 of the Rehabilitation Act of 1973 ('Section 504'); the Fair Housing Amendment Act of 1978 ('FHA') as amended; the American with Disabilities Act ('ADA') and the Architectural Barriers Act ('ABA') to provide either 'accessible features' and/or 'reasonable accommodations' to public housing residents and applicants who are or who care for individuals with disabilities in their household. An audit team from HUD was sent to El Paso to do a review of our housing stock and completed their inspection this week.
Currently, the Office of Inspector General under HUD is conducting an audit surrounding procurement, contracting and related fields. We are expecting this audit to continue over the next couple of months.
At this time, these are the only two audits being conducted. The request for documents you sent earlier has been forwarded to the HACEP attorney for review.
I hope this information has been helpful.
Gerry Cichon
========================
From: Sito Negron [mailto:sito@epmediagroup.com]
Sent: Tuesday, April 22, 2008 9:05 AM
To: Cichon, Gerald
Subject: RE: Record Request
What is the status of my request?
========================
From: Cichon, Gerald [mailto:gcichon@hacep.org]
Sent: Tuesday, April 22, 2008 12:48 PM
To: Sito Negron
Subject: RE: Record Request
Mr. Negron,
Your request was forwarded to our attorney for review. At this time we are awaiting further consultation.
Gerry Cichon
========================
From: Sito Negron [mailto:sito@epmediagroup.com]
Sent: Monday, April 28, 2008 2:56 PM
To: 'Cichon, Gerald'
Cc: 'Bob Blumenfeld'; 'David Crowder'
Subject: RE: Record Request
Hi Gerry. What is the status of my request? I know the law provides up to 10 days for a response, but it also provides that if the records are available they be provided immediately. As I cannot imagine these records are difficult to find, and they are not extensive, I wondering at the amount of time this has taken.
========================
From: Sito Negron [mailto:sito@epmediagroup.com]
Sent: Wednesday, April 30, 2008 3:13 PM
To: 'Cichon, Gerald'
Cc: 'Bob Blumenfeld'; 'David Crowder'
Subject: FW: Record Request
Hi Gerry. I sent this on Monday. It is hard to escape the conclusion that you are purposely dragging your feet, which of course is an unlawful response to an Open Records request. Where are we on this? As I cannot imagine these records are difficult to find, and they are not extensive, I wondering at the amount of time this has taken.
-----Original Message-----
From: Sito Negron [mailto:sito@epmediagroup.com]
Sent: Monday, April 28, 2008 2:56 PM
To: 'Cichon, Gerald'
Cc: 'Bob Blumenfeld'; 'David Crowder'
Subject: RE: Record Request
Hi Gerry. What is the status of my request? I know the law provides up to 10 days for a response, but it also provides that if the records are available they be provided immediately. As I cannot imagine these records are difficult to find, and they are not extensive, I wondering at the amount of time this has taken.
========================
From: Daniel Avelar
Sent: Wednesday, April 30, 2008 4:57 PM
To: sito@epmediagroup.com
Cc: Bob Blumenfeld; gcichon@hacep.org
Subject: Request for Audit Correspondence
Mr. Negron,
Attached you will see our response to you regarding your Open Records request for audit related documents. You will also see attached the Housing Authority's request to the Texas Attorney General for an opinion on the matter. The letter states the Housing Authority's position on the documents your request seeks.
You will receive a hard copy of the attached correspondence via first class mail.
Thank you and should you have questions or comments on this matter, please feel free contact me or Bob.
Daniel Avelar
Attorney at Law
Mendel • Blumenfeld, LLP
5809 Acacia Circle
El Paso, Texas 79912
========================
From: Sito Negron [mailto:sito@epmediagroup.com]
Sent: Thursday, May 01, 2008 2:40 PM
To: 'Daniel Avelar'
Cc: 'Bob Blumenfeld'; 'gcichon@hacep.org'; 'David Crowder'
Subject: RE: Request for Audit Correspondence
Thank you.
Interesting discrepancy between Mr. Cichon's written reply to me affirming two audits and HACEP's acknowledgment of five audits in the letter requesting an AG opinion.
That aside, let me clarify the request. Although there may be a portion of the request that would require AG interpretation, this part clearly does not:
"I would also like a copy of the correspondence through which the audit is announced. I'm not sure of the technical term but I believe that before a given audit begins, HACEP is informed formally through a letter. That is what I am asking for."
As I understand it, if one part of the request is obvious and the other fairly can be sent to the AG, you release the releasable as soon as it is available. I asked for this April 16. I got your reply yesterday, April 30. If you don't count April 16, I received your response on April 30, the last of the 10 days given under the law for a response.
There is a pattern emerging here.
Obviously, Mr. Cichon has decided to obstruct a legitimate request for basic information. I will be sure to point out the facts in my correspondence with the AD, and will ask for any sanctions available should the AG agree that HACEP's actions, directed by Mr. Cichon, are designed to obstruct a legitimate request for information that is in the public interest.
Sorry your legal talents are being used for such purposes, and sorry to see the direction Mr. Cichon has decided to take.
Related Documents:
Concerned, Tax Paying El Pasoan
May 5, 2008
It sounds like the article was written by someone who had spent two days locked in a jail cell for burning an American Flag and then blocking a major street as part of a demonstration. I've spoken with Mr. Chichon on other matter, and he is an incredibly intelligent, responsible, and thorough man.
Mr. Chichon was a successful Attorney at Law prior to his current post as E.D. of the HACEP. I'd like to know Mr. Sito Negron's background; his education level/area of study; his area of EXPERTISE; and any accolades received, that would constitute such an accusation of an organization or of an individual.
I will expect your response ASAP...because, I know your responsibilities are far from those of the E.D of the HACEP. Mudslinging is usually done by monkeys at the zoo. Unfortunately, we have lots of them giving there uneducated, un-thought opinions in regards to what's good for El Paso (and for myself).
Please be responsible and make it clear that Mr. Negron does NOT speak on behalf of your publication's advertisers, sponsors & clients. Thanks!
Sincerely,
Concerned, Tax Paying El Pasoan
Jerry Kurtyka
May 6, 2008
I am experiencing the same obstruction lately in my requests for information from HACEP, too. I have written to the Texas AG in response to HACEP's objections to my requests and will keep NPT informed of the progress or lack of it.
The bottom line on all of this is that the HACEP board appointed a new CEO with no formal, objective process of evaluation other than his connection to several of the board members whose conduct in managing HACEP is currently under investigation by HUD.
In short, he can be trusted to go along with their egregious conduct and plundering of this agency for the benefit of the board's friends and politicoes. And that is what I wrote to the AG.
Taxpayer who supports Mr. Negron's investigation and inquiry
May 6, 2008
Just because you are an attorney does not mean you are qualified on every issue. Open Records requests issues are complicated legal matters. If they were not, why would this entity have to hire Robert Blumenfeld to draft this letter if their CEO is a lawyer.
I think Mr. Negron is doing a great job in looking at these issues. We need to look at every person in these positions carefully and at this organization just like every other. Mr. Negron keep on this stuff. You are the eyes and ears of El Paso citizens. Great story and more importantly, it is not a story but a copy of the actual e-mails.
It amazes me that no one discussed the public corruption issues before the FBI raided the courthouse eventhough everyone knew that stuff was going on. Did the EP times get too scared or intimidated?
We have to make our officials accountable. If you don't want people looking at you, then you need to find a different job. There is always the private practice of law.
This newspaper is doing a great job. Keep it up. It is very easy to be intimidated by people but this is real investigative reporting and not mudslinging as it has been characterized.
David K
May 6, 2008
What is Mr. Cichon hiding?
Nevermind Sito's credentials, this is a matter of the law and abiding by it. I would hate to think that we have employed someone at HACEP who intends to break the law.
Honesty in Goverment
May 6, 2008
This article sounds like the tantrum of a 5 year-old who is told he has to wait and total misunderstanding of the Open Records laws.
Whether it is the Texas Public Information Act of Texas (PIA) or the Freedom of Information Act of the United States government (FOIA), there has never been a right by journalists or anybody to request information while an investigation is currently on-going. The exemption that is cited by the HACEP’s Attorney General opinion request is clearly in that category.
I find it very telling that emails that Mr. Negron has sent seem to show a lack of understanding of what he is actually requesting. I find it even funnier to realize that he deems the request as ‘legitimate’ and disregards HACEP request for an Attorney General opinion as dragging their feet. Plus the added supposition that the information requested should not be ‘difficult to find’ because ‘they are not extensive’.
Does Mr. Negron not realize that every request someone makes of an agency must be examined to insure that no information is being released that should not be released? [Please refer to Theresa Caballero mailer and Sheriff’s Office release to her of information that should not have been.]
It seems to me that Mr. Negron partakes of lazy journalism.
Ken G
May 6, 2008
Obvious foot-dragging. Stay on them.
David K
May 6, 2008
Cichon has deployed his spin machine to post comments here. There accusations are way too close in content - as if maybe somebody was emailed talking points.
When deploying an anonymous attack you must have your points differ either in language and syntax or subject matter.
Both posters did not thoroughly read the article otherwise they would have understood Sito's argument that certain parts of his request that WERE/ARE NOT BEING REVIEWED BY THE ATTORNEY GENERAl be handed over.
Read the article all the way through and understand it before posting.
Bill Arballo
May 7, 2008
This not the first time that the issue has been raised. Check with Senator Shapleeighs' office. Meetings with Kenna Ramirez on the exact issue.