The Daily Hustle: 7/20/10 (Updated)

Some people know how to make an entrance.

Returning from vacation, Mayor Pro Tem Mike Martinez readies for municipal duty issuing two surprising statements: opposing the proposed $750,000 settlement with the family of Nathaniel Sanders II, and announcing that a ethics complaint has been brought against him.

Martinez's aide Bobby Garza disseminated a statement from the MPT to the media last night regarding the Sanders settlement,l coming before council July 29. After a lengthy preamble discussing the shooting and the tribulations residents of East Austin face, Martinez writes:

It is time we recommit to truly teaching our community how to avoid such a tragic outcome. We must educate our citizens on the consequences of dangerous behavior. We must focus our policing on prevention and compliance as much as we do on enforcement.

This council has made it clear we want everyone (immigrant, homeless, rich, poor, black, white and anyone else) to feel they are a part of our community and safe. We must demonstrate how we achieve this through example, commitment, and action.

While many parents already do this...as I do; it's much bigger than our individual families. It's about our community. If we don't act as a community, we will fail as a community.

Settling a law suit for $750,000 will not take one small step in that direction. Nor will it address the serious issues we face, such as, drop out rates, gang and drug violence, the East vs. West divide, etc.

After much thought, it is my belief we should reject the settlement offer recommended by staff.

In our country one of the more public and honored means of settling these matters is a public trial. This would be a civil trial in a federal court. The civil trial uses legal standards of “preponderance of evidence” or “clear and convincing evidence” rather than the criminal trial’s, “beyond a reasonable doubt”. These rules of a civil trial permit a broader set of information being available for the court and the public. Such a trial would fully vet all of the information that bears on those events that culminated on May 11, 2009 as well as actions that followed.

The City should hire an outside lawyer not connected by previous actions of APD, its internal affairs department, the city administration, the Police Review Board, the Key Point review or the Travis County District Attorney’s offices. Perhaps more money would be spent than the proposed settlement. That is not the question. The proposed settlement leaves too many questions unanswered. It serves to close off examination rather than promoting understanding.

The question is to get all of the facts in a proper forum and that is what a federal civil trial will do. I think that direction would move the community toward hearing all of the facts and advance the goal of understanding how to prevent future occurrences. I, for one, plan to take that information and engage our community so we can have the truly meaningful conversations that will lead to a place of healing. Settling this case does not get us any closer to that place, and I do not think it is prudent to debate the issue without addressing the larger issues at hand that are much more vital to this community.

Martinez also released a brief statement announcing the Texas Ethics Commission had received a fundraising complaint brought forward against him by a private individual.

On June 24, 2010, I was informed of a complaint initiated by a private citizen with the Texas Ethics Commission (TEC) alleging misreporting on several of my campaign finance reports. The TEC processes all sworn complaints from private citizens and asks elected officials for a response – regardless of the basis or motivations for the complaint.

We are in the process of examining that complaint and will take appropriate action on or before July 30 – the date requested by the Commission. While I am disappointed that there were any discrepancies seen in my disclosure, I am pleased that out of the over 600 contributions we received during the course of our campaign, our analysis shows only one correction necessary at this time.

Transparency is of vital importance to me, and I take this allegation, as I would with any allegation, seriously.

Well, we shouldn't be lacking for excitement when City Council returns starting July 28, should we?

UPDATE: Martinez tells us that the complaint was brought by one Jim Doyle, a Tea Party activist, and believes the complaint to be politically motivated by council actions including their travel ban to Arizona, and requiring disclaimers outside so-called crisis pregnancy centers. Moreover, the entire council has also apparently been subjected to similar complaints from Doyle, Martinez says. "I firmly believe we have done everything … appropriately, but we will take his complaint, and we will respond," Martinez says.

What the hell else is happening?

On the city calendar: The Mexican American Cultural Center Advisory Board meets at the MACC, 600 River, 6pm.

The Zoning and Platting Commission convenes at City Hall, Council Chambers, 301 W. Second, 6pm.

The Resource Management Commission gets together in City Hall’s Boards & Commissions room, 6:30pm.

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