April 9, 2009
No one can deny that El Paso has witnessed a dramatic change in our county government's "business as usual" activity. In the past 18 months, the acronym FBI has become increasingly ubiquitous in our beautiful border town-we have seen it on TV, read about it in the newspapers and discussed it with friends. As many El Pasoans reflected on their numerous encounters with those shamed elected officials or how they may have voted for them in the last election, there emerged a handful of leaders that were looking beyond the public turmoil and toward how they could mend the past wrongs and restore the public's trust in our government.
In the last months of 2008, the El Paso County Commissioners Court and the county attorney worked together to create an initiative that would ensure our neighbors across the Southwest that El Pasoans were working proactively to repair the mistakes of the past and to place safeguards against future corruption. When Senator Shapleigh and I decided to carry the bill, it was to reassure our community that elected officials who put their self interest above the public good would be held responsible for their actions and that every citizen could participate in protecting good government. Ultimately, we are our brother's keeper.
Our office's version of the bill, House Bill 2301, in sum allows the county to authorize the creation of a strengthened county ethics commission. The commission would have the power to adopt an ethics code governing county public servants and would be vested with the power to administer civil penalties. As is the case with many other bills in the Texas legislature, many tweaks and changes are made to a bill in order to strengthen its purpose or avoid conflict with any existing law. Since the original bill was introduced, some members of the El Paso delegation and other local elected officials became an active part of making this bill better. Together we addressed concerns about protocol and the enforcement of such penalties and made changes where necessary without affecting the integrity of the bill.
Recent criticisms of the bill attacking its constitutionality and stating that the commission would purposely seek out individuals without cause are simply unfounded. The bill was modeled on both the Texas Ethics Commission (the body that can impose fines on state representatives) and similar ethics commissions in two major Texas cities. The Texas Legislative Council vetted the proposed legislation for conflicts with the U.S. and Texas Constitutions and constitutionality was established when the bill was drafted. If this bill was unconstitutional, we would have known. Furthermore, revisions were made to the bill to ensure that the duties of the district attorney were not infringed upon by the committee's authority. Finally, we strengthened the confidentiality language in order to avoid tampering with or misusing official information in reference to a pending or closed complaint. The bill imposes strict penalties, including possible jail time, for employees of the commission who violate confidentiality.
As your elected officials, it is important that we provide you with transparency to the legislative process and to the actions we take on the community's behalf. I would encourage you to reach out to your local, county and state representatives should you have any questions on this or any other bill.
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Marisa Marquez is the state representative for District 77.