Denton Navarro Rocha Bernal & Zech, P.C.Denton Navarro Rocha Bernal & Zech, P.C.2024-03-12T07:16:00Zhttps://www.rampagelaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503868/2023/04/cropped-site-identity-32x32.pngOn Behalf of Denton Navarro Rodriguez Bernal Santee & Zech, P.C.https://www.rampagelaw.com/?p=508402024-03-01T23:03:41Z2024-03-01T23:00:34Z10 Texas cities highest on the list include:
Plano
Austin
Frisco
Arlington
Garland
Houston
Fort Worth
Dallas
Irving
Corpus Christi
This achievement is a testament to the efforts of local leaders and municipalities in embracing the digital age, fostering an environment where technology thrives.
The secret sauce of Texas’s tech success
So, what is the key behind the aforementioned cities’ ascent in the tech world? For starters, they have made significant strides in integrating technology into their operations. They have set an example for how municipalities can harness the power of digital tools to enhance efficiency and service delivery. Moreover, these cities have prioritized building a skilled workforce capable of driving technological innovation. They also support educational institutions and training programs to meet the growing demand for tech talent.
Another critical factor is the collaboration between the public and private sectors. By creating a synergistic relationship, these municipalities have leveraged the strengths of tech companies while also providing the support necessary to flourish. This partnership is instrumental in cultivating a dynamic ecosystem where creativity and technological advancements are the norms.
Charting a course for municipalities
As Texas cities continue to attract tech companies, there's a wealth of knowledge and strategy for other municipalities to glean. By observing the successes of these tech-savvy cities, other municipalities can identify effective approaches to attract and retain technology businesses. Further, municipalities must be willing to invest in their technological infrastructure, ensuring they have the capacity to support high-tech industries. This includes everything from high-speed internet access to smart-city initiatives.
By learning from Texas's tech trailblazers, municipalities across the country have the opportunity to revitalize their economies and position themselves as attractive destinations for tech innovation and growth. With the right strategies, other municipalities can create a future where technology not only thrives but also drives community and economic development forward.]]>On Behalf of Denton Navarro Rodriguez Bernal Santee & Zech, P.C.https://www.rampagelaw.com/?p=508232024-02-16T23:27:28Z2024-02-16T23:27:28ZHow closed school board meetings work
Closed school board meetings are not without structure or regulation. There are legal provisions regulating how and when they can convene without public attendance. Here's what the meetings usually involve:
Discussion of personnel matters
Real property negotiations
Consultations with attorneys
Individual student disciplinary proceedings
Security measures
These points cover the core activities typically reserved for closed sessions. The law mandates that any action resulting from these discussions must occur in an open meeting.
Maintaining the balance of public and private
The veil of secrecy surrounding closed school board meetings is not intended to alienate the public. Rather, it protects the privacy and rights of individuals and ensures that sensitive matters receive due diligence. It is a legal requirement that balances transparency with discretion. These important provisions, while mysterious, maintain the integrity of the school systems. Still, confidentiality should be applied judiciously. This way, even if the public is not privy to every conversation, its interests are always at the forefront of every decision made. Trust in the process is key, as is maintaining that trust by providing legal clarity and support to school boards and the communities they serve.]]>On Behalf of Denton Navarro Rodriguez Bernal Santee & Zech, P.C.https://www.rampagelaw.com/?p=507912024-02-05T19:24:51Z2024-02-05T19:24:51Zallegations of intentionally stalling and a violation of TOMA or TPIA.
What laws govern these questions?
Municipal employees can benefit from a basic understanding of the two primary laws that govern these matters: TOMA and TPIA. Both help to ensure government transparency and keep the public informed about government operations. Three ways these laws help achieve this goal include the following:
Openness in meetings: TOMA requires that every regular, special, or called meetings of governmental bodies must be open to the public, except for expressly authorized executive sessions.
Notice of meetings: The law usually requires governmental bodies give advance notice of the date, hour, place, and subject of each meeting held.
Recording of meetings: Officials generally must keep either written or recordings of open meetings and post on the city website if available.
Government agencies may charge fees for copies of public information, but they must be reasonable.
What if we cannot immediately fulfil a request?
There are situations when a delay fulfilling a record request is reasonable. This could include unforeseen events like a natural disaster or the need to have additional executive sessions. Executive sessions can include meetings to discuss purchase of property, discussions with legal counsel, discussions on economic development, and security matters. These sessions are not open to the public.
However, ignoring the need for public meeting notices or withholding information that is not confidential under TPIA is likely a violation. Time is of the essence. Let the clock run out on a public information request, and you have likely ventured into violation territory unless there is a valid explanation. Additional errors that could rise to the level of a violation can include an attempt to mask discussions that should be public under the guise of an executive session.
Reviewing bodies will often meet honest efforts to comply, even if delayed, with understanding. However, play fast and loose with the rules, and you might find yourself facing fines or stricter penalties.
What happens if there is a violation?
Non-compliance with TOMA or TPIA can result in legal penalties, including civil suits, misdemeanor charges, fines, and potential imprisonment for officials who knowingly circumvent the acts. Municipal employees are wise to stay informed about the requirements of TOMA and TPIA to ensure transparency and to maintain the public’s trust. Regular training, diligent record-keeping, and a commitment to openness can help avoid legal issues and reinforce the integrity of our public institutions.
Unfortunately, even when these steps are taken municipal entities might find themselves in disputes with those who claim they did not timely deliver a records request. Some of these accusations are best addressed with negotiation while others could rise to the level of litigation.]]>On Behalf of Denton Navarro Rodriguez Bernal Santee & Zech, P.C.https://www.rampagelaw.com/?p=507412024-02-02T22:07:13Z2024-02-02T22:07:13ZWhat is the city amnesty dispute about?
The heart of this legal conflict lies in the recent decisions by the defendant cities to enact policies regarding marijuana. These policies weaken the importance of enforcing low-level marijuana offenses, including possession.
According to Attorney General Ken Paxton, these ordinances go against Texas law. At the state level, possession of marijuana and similar offenses are still criminal charges. The lawsuits aim to invalidate these local measures and reinforce the supremacy of state law in regulating controlled substances.
Details of the lawsuits reveal that the Attorney General Paxton is seeking a permanent injunction against the cities' policies, which he claims undermine the rule of law and pose potential public safety risks. The cities, on the other hand, defend their actions. They claim that the ordinances alleviate stress on local police forces and jails, allowing them to operate more effectively.
Implications for Texas municipalities and beyond
The final result of these lawsuits could be a bellwether for other municipal entities in Texas and across the nation. A ruling in favor of the state may discourage similar marijuana amnesty ordinances from Texas cities and counties. If the ruling favors the municipalities, other cities and towns could follow suit with similar measures.
Moreover, these legal proceedings may influence the broader dialogue on marijuana legalization in Texas, potentially affecting legislation at the state level. As cities and states grapple with the complexities of drug policy reform, the eyes of many will be on Texas, watching how the balance between local control and state mandates is navigated in the context of evolving societal norms and legal landscapes.]]>On Behalf of Denton Navarro Rodriguez Bernal Santee & Zech, P.C.https://www.rampagelaw.com/?p=507922024-02-02T16:35:24Z2024-02-02T16:35:24ZCase study: Houston officials and fire department reach negotiation standstill
It is not uncommon for city officials and fire departments to struggle to negotiate the terms of the contract. Many cities will renegotiate these terms every couple of years and these negotiations can take time. In a recent example, firefighters and officials with the city of Houston took years to negotiate the terms of their agreement. The negotiations were so heated that they even played a role in the campaign for the mayor.
The dispute ultimately resulted in proposal of a new law, one that requires arbitration to help resolve such issues.
Alternative dispute resolution and contract negotiations: A handy tool
Alternative forms of dispute resolution like arbitration can prove helpful in these instances. Arbitration is a form of dispute resolution that serves as an alternate to litigation. It involves an independent third party — an arbitrator — who listens to the grievances and arguments of both parties involved and then makes a decision to resolve the conflict. This decision, depending on the type of arbitration agreed upon, can be either binding or non-binding.
In the sphere of contract negotiations between city officials and fire departments, arbitration can play a crucial role, especially when traditional negotiations reach an impasse. Benefits can include:
Impartiality: Arbitrators provide neutrality and expertise in the subject matter, which is essential for fair decision-making.
Confidentiality: Unlike court proceedings, the parties can conduct arbitration in private, which can help maintain a cooperative relationship between the city and the fire department.
Efficiency: Arbitration is typically faster than court litigation, allowing for quicker resolution of disputes and reduced costs.
Flexibility: The process is more flexible than the courts, with the ability to tailor procedures and timelines to the needs of both parties.
Expertise: Arbitrators with experience in labor relations and municipal law can provide informed decisions that consider the nuances of public sector employment and service delivery requirements.
Binding arbitration results in a definitive decision, which can provide closure and allow both parties to move forward. Because arbitration can be less adversarial than court litigation, it can also serve to help preserve the working relationship between the fire department and city officials, which can prove crucial for ongoing public service.
In contract negotiations with fire departments, arbitration can ensure that the firefighters' needs for fair labor practices and compensation are balanced against the city's responsibility for fiscal stewardship and public safety. It is a tool that, when used judiciously, can facilitate a resolution that might not be achievable through negotiation alone, thereby ensuring the uninterrupted provision of essential services to the community.]]>On Behalf of Denton Navarro Rodriguez Bernal Santee & Zech, P.C.https://www.rampagelaw.com/?p=507932024-01-22T22:12:48Z2024-01-22T22:12:48ZWhat are civil rights groups challenging?
The three most prominent issues targeted by Texas civil rights groups are:
School policies: Student groups as well as larger groups including the American Civil Liberties Union of Texas recently filed a letter alleging civil rights infringement. The claims relate to the policies regarding gender and sexuality passed by state legislators as well as local school boards in districts throughout the state.
State immigration policies: The ongoing border crisis and immigration controversy has prompted the ACLU of Texas and other entities to challenge the constitutionality of Texas’s methods of immigration enforcement. Among the contested issues is the use of buses to deliver migrants to other states and the practice of arresting undocumented migrants at the Texas-Mexico border.
Urban development: Lions Municipal golf course was one of the South’s first integrated public golf courses. However, the course, owned by the city of University of Texas and run by Austin, faces commercial development. Many civil rights activists wish to keep the park in operation rather than develop it.
If the new year continues in the same fashion, then many more civil rights challenges may arise. Municipal entities might find themselves in disputes with constituents over whether ordinances violate civil rights. Some issues may necessitate compromise while others require litigation. It is a balance that municipalities must always confront and challenge, especially in today’s highly fraught landscape.]]>On Behalf of Denton Navarro Rodriguez Bernal Santee & Zech, P.C.https://www.rampagelaw.com/?p=507942024-01-09T21:08:41Z2024-01-09T21:08:41ZAI: the new normal?
AI seems to be on the tip of everyone’s tongues, and with no wonder. The possibilities seem limitless when it comes to what the technology can do for its users. Just a few of the potential uses for AI among municipal entities could include:
Communicating with residents: AI chatbots can communicate more naturally with constituents online, helping them with administrative processes.
Fraud detection: Implementing AI to detect unusual patterns could indicate fraudulent activity.
Data gathering and analysis: Agencies can use AI to target certain data sets and analyze them more accurately.
Reducing unemployment: Some AI bots can help local job-seekers find jobs that suit their qualifications.
Cybersecurity: With cyberattacks ramping up, AI can detect flaws in security systems to prevent attacks.
These are only a few of the most common ways that municipalities can make use of AI. As the technology advances – and it advances rapidly every day – even more uses will arise.
Texas is already responding to AI use
The Texas Department of Information Resources estimates that at least -third of Texas state agencies have used AI as of 2022. This summer, Gov. Abbott signed a law creating an advisory council to review the impact that AI may have on state agencies. The council will also explore ethics measures that may be necessary. As AI becomes more sophisticated and common, local officials will have to confront how and whether to use it in their own cities and counties.]]>On Behalf of Denton Navarro Rodriguez Bernal Santee & Zech, P.C.https://www.rampagelaw.com/?p=507952023-12-28T21:42:41Z2023-12-28T21:42:41ZNew year, new issues
These are just a few of the major concerns that local governments may face in 2024:
The effects of House Bill 2127: This year is when towns, cities and counties will begin to truly see the ramifications of HB 2127. With the ability to pass ordinances curtailed, city leaders will need to adapt to their newly limited power. This means that some municipalities will likely face challenges meeting constituents’ needs when it comes to regulations.
Relationships with government entities: The currently strained relationships between city and state leaders will also play out in 2024. Several high-profile city leaders have publicly stated their intent to mend relations with state legislators and other officials.
Environmental strain: If 2024 is anything like 2023 and 2022, there will be more instances of extreme weather. Droughts, storms, wildfires and heat waves put residents’ lives in jeopardy and can cost municipalities millions of dollars.
Cyber threats: The spate of ransomware attacks against several Texas municipalities will likely not abate in 2024. If anything, cyberattacks will become more common as technology advances and even more municipal tasks go digital.
Election security: Large-scale elections are approaching in November. Municipalities may have to take action to address concerns about election validity and the safety of polling places.
Of course, this list is far from complete. It includes only a few of the major concerns that municipal officials have predicted they could encounter. Every year brings unexpected triumphs and defeats at all levels of government, and 2024 will certainly be no different.]]>On Behalf of Denton Navarro Rodriguez Bernal Santee & Zech, P.C.https://www.rampagelaw.com/?p=507962023-12-21T23:29:54Z2023-12-21T23:29:54ZRepairing a history of conflict
It is nothing new for local and state elected officials to disagree on everything from budgets to ordinances. Last year, Gov. Abbott’s signing of HB 2127 proved a particularly sore spot for cities and counties throughout the state. The bill received vocal and extensive controversy, particularly from municipal officials who objected to the limitations placed on municipalities to govern themselves.
For the upcoming year, prominent city officials such as Mayor Kirk Watson of Austin and Mayor-elect John Whitmire of Houston have pledged to put in the effort to mend relations with state officials. Some of their methods include:
Reaching across political lines.
Placing constituents’ needs first.
Avoiding social media fights.
Collaborating with the state to solve local issues.
Local constituents seem to support these efforts. Many are tired of the back-and-forth quarrels between the officials they have elected at the local and state levels. Whether the efforts of city leaders will succeed is not yet known.
Positive relationships moving forward?
The air of conflict in the political arena is certainly not limited to the federal level, as the last year has shown. If municipal and state officials wish to reduce animosity, they will need to make a commitment to fostering positive relationships. This is true even when they disagree on major issues.]]>On Behalf of Denton Navarro Rocha Bernal & Zech, P.C.https://www.rampagelaw.com/?p=506902023-11-30T16:13:31Z2023-11-30T16:13:31ZSystems breached, information stolen
The North Texas Municipal Water District recently suffered a cyberattack that should serve as an example to other municipalities throughout Texas. Hackers calling themselves Daixin Team used ransomware to breach the district’s cybersecurity measures. Ransomware is a form of malware that blocks an entity’s access to its own systems. Daixin Team claims that it stole more than 33,000 files that include residents’ Social Security numbers and medical information. It threatened to post this information publicly unless it receives money.
How hackers target municipalities
The hacking group used techniques that have become all too familiar to cities and counties. Unscrupulous hackers will breach a municipality’s cybersecurity using methods such as:
Phishing emails
Ransomware
Other malware
Weaknesses in VPN servers
Vulnerabilities in cloud servers
The hackers will then steal confidential information and/or prevent officials from accessing their systems. The end goal is to force the victim to pay the perpetrator a ransom. Particularly disruptive hackers may even take control over infrastructure, water, waste management and other municipal services.
The increasing danger of cyberattacks in Texas
Five municipalities in Texas have been victims of hacking attacks in 2023. Just a month ago, Dallas County experienced a similar cyberattack. Fortunately, in the case of the North Texas Municipal Water District, the hack did not disrupt the supply of water and the district regained access to most of its systems. However, future victims might not be as fortunate.]]>