Slow News Day? Slow Reporter...

Marty "I Should Know Better" is at it again.  This time he's a "One Man Wolf-pack" and he's out to eat Cortney Niland for dinner. 

His piece on the EP Times today is so journalistic unethical it's laughable.  His second paragraph declares that an illegal act has taken place because she received an "in-kind" contribution from River Oaks properties.  WOW!  He got her!  Well... not really.

Turns out that the in-kind contribution came from Adam Frank, the President of River Oaks. Campaign finance reports indicate this situation clearly and it's a very common practice (although it's plain dumb and I advise people against it because morons like Schladen don't understand how it works).  So Schladen's premise is false and based on what his imagination has invented. 

Because Schladen is aware that no laws were broken and that there's nobody other himself making "questions arise," he spends the whole rest of the article asking hypothetical questions based on hypothetical situations.  Again, no laws have been broken here in reality and he admits as much.  Why he was allowed to write an article where the meat of it is based on him bouncing hypothetical situations off of  Texas Ethics Commission attorneys is beyond me.  He rips up Niland based on "what if" scenarios and it's a load of crap.

Here's how the questions go as I see them:

Schladen:  "Soooo... if this candidate did something she didn't do and it was specifically this type of action that she didn't do, did she break the law?" 

Because I know how to read, I picked up on the game very quickly.  Schladen is a half-assed reporter who built his story around events that never happened.  On top of it, he's got no complainant to get a qoute from.  How come?  Because there is no complainant.  Schladen was just looking through campaign finance reports and invented this little problem all on his own.  And because he's ignorant to the laws, he had to change his article to be based solely on hypotheticals and trashes Niland and Frank's reputations in the process.  That's a bad reporter.... but what do you expect for $7.50 an hour?  Nobody else will take the job.

Most El Paso Times readers won't be able decipher what is the truth in the article and what is Schladen's attempt at saving face because his big story isn't actually so big.  That's a shame and it's a testament to the crap they print in this town.  Lyda Ness doesn't pay her taxes to the tune of $190,000 and she gets a pass with "I had a bad accountant" and Niland has a legal in-kind donation and gets fried with an article declaring her donor's company guilty of breaking campaign finance laws... You've got to be kidding me. 

Also bad is that Schladen has no idea that there's a difference between "smart growth" and "smart code." He uses "smart growth" when the conversation is actually about "smart code."  Had Schladen not spent hours on the phone with the Texas Ethics Commission bouncing hypothetical crimes off of them and about ten minutes with anyone who knows about development, he might have got the terms right.  But hey, he's a reporter who letan infamous local attorney stand over his shoulder and write his stories for him - he's not smart and he has zero integrity - we can't expect him to get common terms correct when he's off on the hunt as the "one man wolf-pack."

I think the following sentence walks a very fine line on which libel and slander reside on one side:

"It is illegal for a private business such as River Oaks to make such "in-kind" political donations, according to the Texas Ethics Commission."

It toes the line of flat out saying that River Oaks broke the law when in fact they didn't.  I figure he'd be more careful.

Here's the kicker:

Cortney Niland and Adam Frank's wife are pretty much best friends.  They've been friends for a long time and have put on several charity events in the past.  Frank's support for Cortney is something that is organic in that his wife is deeply connected to the candidate.   It's not like the Franks went seeking Cortney.

My personal advice to all candidates is to severely limit "in-kind" contributions valued at over $100.  They are nothing but trouble when it comes to perception.  Even if you did nothing wrong, guys like Schladen will invent something to make it look wrong.

Comments

[Carl Starr]

I think the President was working 'in concert'

2010 State Bar of Texas, Litigation Section. All Rights Reserved. The Advocate Fall, 2010
52 The Advocate 63 The Texas Ethics Commission recently adopted an advisory opinion applying the holding in Citizens United to Texas campaign finance laws. n18 The Ethics Commission determined that while corporations and other persons may make unlimited direct campaign expenditures (expenditures made without the prior consent or approval of a candidate), they must report those expenditures if the expenditure amount exceeds $ 100. n19 Further, the Ethics Commission concluded that those expenditures, if they contain political advertising, are subject to the same political advertising disclaimer requirements as all other political advertising. n20 Finally, the Commission flatly stated that a corporation may not make a political contribution, including an in-kind contribution, to any candidate. n21 Left unanswered is whether a corporation may work in concert with another person to make these expenditures. What this means, in practical terms, is that a corporation may include information on its own website, or may establish another website, that supports or opposes candidates. However, the corporation must comply with the applicable reporting requirements for those expenditures, and may not make the expenditures with the prior consent or approval of the candidate the expenditure benefits. Finally, at this time, corporations do not have a legal "safe harbor" allowing them to operate in conjunction with another person, whether that person is an individual or a corporation, in making the expenditure.

[Lisa Turner]

Face it David Niland is the chosen one for district 8 by the moneyed elite. She is nothing more than their servant and serves at their pleasure. She at the bidding of her backers will destroy our mountains, our neighborhoods and increase the city's debt to a level where most will have to move out of the city due to the high taxes that will be needed to pay for the developers who will be tapping the general fund for their projects.

[lisa turner fan]

You hit the nail on the head Lisa. Courtney and Anne Lilly are owned(allegedly) by Hunt's PAC and a few other developers like River Oaks. Just see the campaign finance reports. They will change or make their votes at the whims of their owners. Its all about money in El Paso.

[Concerned about what's happening]

I wish I could make a diagram, it would look like this:

Hunt -- the home developer with all the money and who's ultimately calling the shots

The K Family (including David who works for mommy) -- the engineers behind all the developers plans

Niland & Lilly -- the pawns who sway with $ (sold, bought and owned)

River Oaks & Rubin -- the commercial developers who also have bought the pawns and contract with the K's

-------------------

It's truly insane how much intangled it all is. Enough with corrupt politicians. What happened to statesmen? Instead we have lap dogs! This one is a carpet-bagger and the other one is a narcoleptic granny.

Vote for McGregor (a real man of God) and Abe Peinedo. Leave these women who are sold out to big business at home, neither of them really need a job.

[You need two more K's after the first one]

Looks like your gal ( remember you were at her kick off party & your family has donated to her too ) just got exposed for who she really is! It's amazing, when someone is green or progressive you attack personally (ie. Mejia, Villanueva and Garcia) and want blood but when they support Mommy's company you overlook things contrary to your writing. Get consistent David.

You overlook that:
- Niland claims to support Seguendo Barrio (an area you wish was wiped off the map)
- Lilly twice voted to support Domestic Partner Benefits (an issue you detest)
- Lilly flipped on environmental issues (an inconsistency yet with you friend's influence you were able to break the old woman)
- Niland is not a native El Pasoan

I will say however, vato, you do consistently do one thing (maybe it's the racist Republican in you) -- you always are supporting Anglos over Hispanics. You mad mouth Mejia, Villanueva and Garcia yet support Noe, Niland, and Lilly! To bad there isn't a white person running in 6, otherwise you'd be in their camp too!

[david k]

You need,

Exposed her how? She was exposed not breaking the law and reporting all of her contributions... how is that wrong?

I'm not tracking here.

Why were you at Niland's kick-off if you hate her?

Ness isn't hispanic.

You know what, why respond? You are an idiot and I shall not entertain you. get over your anger about ness being exposed and come back after you've had a good cry.

[david k]

Concerned,

River Oaks HATES my firm - hates us. They are not doing any business with us now or in the future. There's nothing to protect there.

since that claim is obviously wrong, then all the rest are the same.

If you want to partake in conspiracy theories, go look for Obama's "real" birth certificate.

[Lisa Turner]

Just went to check on the comments being posted on the Niland article and they have been pulled. Imagine that. Wonder if Marty still has a job.

[Robnelp]

Lisa,
Not that it means anything related to this or anything else but I have had EPT delete my comments on multiple stories as of late and I've seen others complaining about the same thing happening to them as well. It appears the Times is kinda "sensitive" these days...
I wouldn't be surprised if they remove the comment feature altogether in the future.

[David K]

The comments section is going away because people slander others there and it can get the paper in trouble.

In this case, the article is possibly slanderous to the candidate and I believe completely slanderous to River Oaks and the perceptions relayed through the comments section are the only evidence those to plantifs would need to win a suit against the paper.

[You need two more K's after the first one]

DK,

She got exposed as being owned. The Times just reported that she may have taken a massive illegal in-kind contribution. It's not the largest donation ever something like 2K a month for 4 months. That's a hefty chunk of possible revenue they for go so that they could ensure Courtney's vote.

So you are admitting to going to Niland's campaign party and donating to her. Full exposure bro, if you wanna bash let people know you are a die hard supporter. (I wasn't there but I just heard from others that you and Jay were there and very supporter of her.)

... and finally I am not in District 1 ( I live off Love Road so that puts me in O'Rourkes district ). I don't know Ms. Garcia other than what you and Jaime have mentioned in your blogs. I'm just saying I find it ironic you always are supporting candidates with white surnames and bashing on the Hispanics! You are the reason people think all white people are racist.

[Eileen Karlsruher]

You need: I donated to Ms. Niland's campaign. Not David. Get your facts straight before you start making accusations. That's really hateful to infer my son is a member of the klan. I bet your mother is proud of you.

[neverworked4momordad]

Mommy to the rescue!

[Eileen Karlsruher]

never worked: Good for you! Your mom and dad must be so proud of you.

[David K]

You need,

Got exposed how? She filed the in-kind contribution for the entire world to see from day one! It's been there since December. Where have you been? And the Times slanders both the Niland and River Oaks, but then later admits THAT THEY DID NOTHING WRONG. There are no illegal donations of any kind. Do you not know how to read? You surely can barely write in English as we can all see.

Here's a wake up call - Ness may have support from the same developer group you say owns Niland! I know who you are and if you want to smack Niland with an accusation, you better look at your own candidate.

I did not donate to Niland, but my wife and I went to her kick-off. I didn't hide that. What are you getting at? That I can't support a candidate by going to their kick-off event? Since when can a blogger not express his opinion on a candidate?

I don't support hardly any candidates, and it's not because of the color of their skin when I do choose to support them. It's ridiculous to even make that accusation.

I invite you to stop reading and commenting on this blog at any point when the truth becomes too much for you to handle. There are plenty of other places for children, and people who write like chidlren, to play on the internet.

[neverworked4momordad]

They are!

[David K]

neverworked,

you jealous?

[neverworked4momordad]

Nope. I love to laugh at punks like you who preach about pulling yourself up by the bootstraps and personal responsibility while still hiding behind mommy and daddy. afraid to live in the real world?

[David K]

never,

well, sorry your parents weren't succesful people. If I had losers for parents I'd be angry at successful people like myself too. Well, you might also be jealous - and I'd be jealous of me too - my parents are great. Fortunately for me I come from good stock. You come from trolls, which is obvious because you troll around the internet under an anonymous moniker trying to fill the holes in your self-confidence. I don't take much offense because without people like you, there wouldn't be great people like me.

If you need a hug, I'm sure someone will oblige you. Check the homeless shelters first because those people are very giving and I'm sure you are familiar with them. That hug may help with your anger issues. You might also go to Jaime's blog - he's more to your liking. I don't want you torturing yourself any more than you already have. The key to happiness is awareness. Be aware that the things I write make you mad and this might not be the place for you.

I know more about you than you think. You should listen to me.

[neverworked4momordad]

Did I hit too close to home? Truth hurt? Sorry.

I am not going to compare family wealth since that is not something you or I can be proud of. I will say that our parents are quite similar economically.

[Richard]

Looks like you hurt poor wittle David's feeling. He doesn't like it when someone strikes back. He can sure talk a lot shit but doesn't take it very well.

[david k]

"Richard"

Come on now, try to post from another ip for once. All the different names are silly.

[david k]

Never,

Uh... my parents are very rich - they have me! Can't beat that.

Please try to post under just one name. Making yourself a crowd doesn't make you argue better.

[lisa turner fan]

Richard, you have to remember David was a so called "Legend" at Coronado High School(LMAO). He is not used to it.

[David K]

Not used to it? Have you not noticed the steady stream of trolls that visit my blog every day to comment how much they hate me?

I'm used to it. It's pathetic. A little entertaining, though.

[Lisa Turner]

You cannot say it's legal or illegal till a complaint is filed and the Texas Ethics Commission makes a ruling. So everyone can take whatever position they want but neither is right at the moment.

That is how I understand the law.

[Annonimus]

C O R R E C T I O N ***
Lyda Ness does not have IRS liens of $190K against her. About 10 days ago the IRS filed another one for $16K, making the total well over $200K.
So let's not tell lies about her!

[Carl Starr]

TEXAS ETHICS COMMISSION

ETHICS ADVISORY OPINION NO. 175

"A corporation does not avoid the prohibitions on corporate contributions by passing a contribution through an individual or non-corporate entity."

[Grant]

David,
It would be nice if you were consistent or at least admit your hypocrisy.
(1) Your mommy- Lilly's a Niland's buddy- and your family business stand to gain a considerable amount through their contracts with the Westside development. That should be disclosed
(2) You pull things out of your ass or "sources" without any basis and take no responsibility and then lambast the ELP for having no basis.
(3) Apparently only your mommy can come to your rescue but I guess that's what happens when you are privileged.
(4) The fact that Riveroaks "rented" to Themselves (Frank) to donate it to Niland is obviously a violation of the spirit of the rules if not the actual rules.
Did money pass from Adam Frank to theCorp?
Do they think we are blind that using a middle man still reveals the source of the "buy"
The fact Niland has $8,000 lying around to just back pay the rent shows how you all come from the same stock.
(4) why haven't you searched Lilly's records and subjected her to scrutiny? Why is Ness's acknowledged mistake make her your arch nemesis but Lilly's decades of lawsuits-showing what a petty money grubbing bully she is -not "newsworthy" to you? Or her criminal history not to mention her sons doing her dirty work.
Do your "job" and test your "favored" ones just like you do the lesser favored ones.

[david k]

Grant,

This isn't my job, so I don't have to "do it."

I call her "mommy" too! It bothers my wife, but I like it.

None of what you say about lilly is true otherwise I would write about it... or not.

And your supposition on river oaks is moronic, that's why I don't make those connections.

[Carl's Estrella]

TEXAS ETHICS COMMISSION

ETHICS ADVISORY OPINION NO. 175

"A corporation does not avoid the prohibitions on corporate contributions by passing a contribution through an individual or non-corporate entity."

Posted by: Carl Starr | May 06, 2011 at 06:54 AM

[Carl's Estrella]

The whole Tom Delay trial was about "passing corporate dollars through individuals and non-corporate entities" just saying...

[T]

Grant

"The fact Niland has $8,000 lying around to just back pay the rent shows how you all come from the same stock."

I guess you are right. By the time I am close to 40 I hope that I don't have more than $8,000 in the bank. That way I will have street cred with the "true" natives of EP. I guess your vision of the American dream stops once you accumulate $8,000. I guess everyone above that lofty goal is rich, evil, white, and oh yeah, lives on the Westside.

[tired of silly season]

Grant: you sure have an absolute dislike for white people.

If you have all the ugly scoop on Lilly's criminal record and lawsuits why don't you link to it through this blog. Anybody can make an accusation - but it didn't happen unless it's in writing somewhere (or on YouTube).

[Robnelp]

I find it so ridiculous the assertion that if you are white and have more than $500 in your bank account you are somehow bought and paid for by a laundry list of prominent El Pasoan's and automatically enjoy all kinds of magical perks, benefits and opportunities.

[not for lilly or ness]

robnelp, when you get 17k from a pac and only raise 3k on your own and change your vote at the same time it looks a little suspicious dont you think ? isnt that what got all those indicted in the bob jones deal. it was only a 1k donation for a vote. maybe hunt wants to be the next luther jones and control all the elected officials.

[Carl's Estrella]

C O R R E C T I O N ***
Lyda Ness does not have IRS liens of $190K against her. About 10 days ago the IRS filed another one for $16K, making the total well over $200K.
So let's not tell lies about her!

Posted by: Annonimus | May 06, 2011 at 02:04 AM

Great, she is going to be elected and then the IRS is going to go to City Hall and pick her up to hall her off to jail. Another black eye to El Paso!!

[James in the EP]

Wow. Turns out David is a whiny little bitch. Niland took a flat out bribe. Friends or not, why else would Frankie pony up free space and get her up to speed on what his opinion on smarter growth was. What Pussies you both are. I hope Frankie and Niland go to jail. They and you asked for the spotlight. Don't puss out now just because you don't like getting called out, bra.

[cut and pasted from anutha blog]

ANNE, BAYTO, STEVO, AND COOK(WOULD VETO) ALL CHANGED THEIR VOTE ON TRANSMOUNTAIN BECAUSE THEY HAVE FURTHER POLITICAL ASPIRATIONS. THEY ALL NEED HUNT AND FRIENDS MONEY. HUNT NEEDS THE CIMARRON RESIDENTIAL AREA(A VERY RICH AREA) TO SELL FASTER. BETTER ACCESS TO THE FREEWAY WILL DO THIS. THIS AREA GOES NEARLY ALL THE WAY UP TO TRANSMOUNTAIN ROAD AND I WONDER WHO THE PSB WILL SELL THEIR PORTION OF THE LAND UP ON TRANSMOUNTAIN ? PROBABLY HUNT. LILLY GOT INTO BED WITH THE TREE HUGGERS LIKE BONART BACK DURING THE STORMWATER ISSUE. SHE EVEN FORMED A PAC WITH BONART(CITIZENS FOR FLOOD PREVENTION) AND HELPED GET BONART ELECTED TO THE PSB, BUT SHE STABBED BONART AND FRIENDS IN THE BACK AND WENT WITH THE CASH COW(CITIZENS FOR THEIR OWN PROSPERITY). I DOUBT BONART AND FRIENDS COULD COME UP WITH AS MUCH MONEY AS THE CITIZENS FOR THEIR OWN PROSPERITY. LILLEY TOOK THE MONEY AND CHANGED HER VOTE EVEN WHEN SHE PROBABLY DIDNT HAVE TO AND COULD HAVE SAVED FACE WITH BONART. THAT RIGHT THERE TELLS YOU HER VOTE WAS MORE AND LIKELY BOUGHT.
SHE VOTED FOR IT EVEN THOUGH IT WOULD HAVE BEEN JUST HER AND BYRD AND IT WOULD HAVE STILL PASSED. IF YOU LOOK AT THE CIMARRON AREA IT NEEDS THE 2 OTHER EXITS BADLY. IT NEEDS THE "PIPELINE ROAD EXIT" AND THE NEW "PASO DEL NORTE" EXIT WHICH IS HIGHER UP THE MOUNTAIN THAN THE PIPELINE. HAVENT YOU NOTICED THE BOND PROPOSALS BEING PUSHED THROUGH THE CANUTILLO DISTRICT RIGHT NOW. THEY WANT TO BE ABLE TO BUILD A NEW SCHOOL NORTH OR SOUTH OF THE FREEEWAY IN THE CANUTILLO DISTRICT TO HELP SELL THIS RICH AREA. LOOK AT THIS MAP.

http://livingelpasohomes.com/cimarron-homeowners-town-hall-resident-meeting-11911

THEY ARE ALREADY UP TO THE PARK RIGHT NOW IN SOME AREAS. IM ASSUMING THEY WILL TURN REDD INTO PASO DEL NORTE FOR BETTER ACCESS TO THE FREEWAY OR MAYBE ITS HIGHER UP. GUESS WHICH ENGINEERING FIRM WORKS ON THE CIMARRON PROJECT FOR HUNT ? YOUR BUDDY DAVIDK'S MOTHER AND FATHER'S FIRM. SURPRISED ? NOT THAT IM REALLY AGAINST THE WIDENING AND ADDING OF EXITS TO THE TRANSMOUNTAIN ROAD(ESPECIALLY THE NORTHWESTERN RESLER AND MAYBE REDD EXTENSION), BUT THE FACT THAT ONE GROUP OF PEOPLE, ONE BANK(of the white), ENGINEERING GROUPS, AND BUILDERS CAN BUY A COUNCIL PERSONS VOTE REALLY PISSES ME OFF(REALLY ONE MAN). I WOULD VOTE FOR TIM "FUCK YOU" BESCO BEFORE I WOULD VOTE FOR ANNE LILLY. NESSE HAS SOME PROBLEMS ALSO. IT WOULDNT SURPRISE ME IF ALL THE PEOPLE IN THE PAC MOVE TO THE CIMARRON AREA SO THEY CAN ALL LOOK DOWN ON THE PEOPLE BELOW FROM THEIR FIEFDOMS. ANNE ALREADY LIVES IN A FIEFDOM. ITS CALLED CRAZY CAT.

[shane d.]

I think all the candidates in district 8 are big ole bytches. None of them have the balls to call Courtney out and attempt to fight corruption when they see it. Will they all turn the blind eye? It looks like they already have. THEY NEED TO TAKE A STAND!

[david k]

Cut and pasted,

Go vote for besco if you want to. Nobody is stopping you.

[sucka]

Wow, you got slaughtered, dinner plates!

"Looks like your gal ( remember you were at her kick off party & your family has donated to her too ) just got exposed for who she really is! It's amazing, when someone is green or progressive you attack personally (ie. Mejia, Villanueva and Garcia) and want blood but when they support Mommy's company you overlook things contrary to your writing. Get consistent David.

You overlook that:
- Niland claims to support Seguendo Barrio (an area you wish was wiped off the map)
- Lilly twice voted to support Domestic Partner Benefits (an issue you detest)
- Lilly flipped on environmental issues (an inconsistency yet with you friend's influence you were able to break the old woman)
- Niland is not a native El Pasoan

I will say however, vato, you do consistently do one thing (maybe it's the racist Republican in you) -- you always are supporting Anglos over Hispanics. You mad mouth Mejia, Villanueva and Garcia yet support Noe, Niland, and Lilly! To bad there isn't a white person running in 6, otherwise you'd be in their camp too!

Posted by: You need two more K's after the first one | May 05, 2011 at 11:28 AM"

[David K]

sucka,

would have been wonderful had they got any of the facts right... wonderful for them I guess. But, since all of it is misinformed crap, it's not real useful to anyone.

And as soon as I figure out where "seguendo" is I'll start hating them too.

Again, it's a blog - I don't have to be fair and I'm only given one vote per election. If you think I'm wrong, go vote for the candidate of your choosing. Stop acting like I control El Paso when it's clear that I don't and don't want to.

Thanks for spending your Mother's day commenting on my blog. I'm glad I'm top priority in your life. It's truly flattering.

[Lisa Turner]

Shane d.

Sorry we haven't provided you any entertainment value but more is at stake here. You have a PAC doing it's best to buy 2 City Council seats. You the voting public seem OK with such actions. You do vote don't you Shane d. or are you part of those registered voters who can't seem to find their way to the polls at election time.

The Voter has the ultimate power here. They can either say NO to those seeking to control Council through the power of the $ or they can just go along as so many do here. Willing to settle for the few crumbs tossed their way by the power brokers when they could have the whole pie if they just did their civic duty.

[Carl Starr]

As David said the practice is very common, but it is exactly why we need public funded elections like 8 states have, its also why some Nations have every citizen rotating Government boards...in other words to win in Texas one has to court- grease the money elite and ignore below.

TEXAS ETHICS COMMISSION

ETHICS ADVISORY OPINION NO. 175

"A corporation does not avoid the prohibitions on corporate contributions by passing a contribution through an individual or non-corporate entity."

[cut and pasted]

David, go ahead and vote for your bought candidates. Nobody is stopping you. You and Mom are owned by Luther Hunt anyway. Viva Cimarron !

Lisa, your a good candidate and not bought. I hope you do well.

[tired of silly season]

It's a free country. People can vote for the candidate they want. Regardless of whether they are funded by a PAC or self funded. The "cut and pasted" posters and others like them don't have any valid argument for or against a candidate. They throw bombs without any substantiation and can't articulate what they want a candidate to support. They don't like PAC money and rich people. Elections are not about that - they are about choosing the best candidate. Inform yourself and vote. Quit wasting time calling DavidK names and making accusations. The early voting numbers are dismal - which means Saturday's vote will probably be even worse. If you care then vote and get your friends and family to vote.

[i voted for shecter]

sounds like "cut and pasted" hit a nerve ? huh, eileen ?

[it hurts]

Dear David K,

You should charge to read your blog, this is all very entertaining. Apparently it offends the masses to have a different opinion from theirs. lets face it Niland is a good candidate, she is intelligent and knows her stuff, bottom line. Ness is a Mess, the "Brown clan" is hilarious, they are like a plumber trying to build a table with plumbers tape, all in all this election is a circus. What I don't get and will never condone is people attacking other's families, so what if he works for his parents, many Dr's work in their fathers practice, many attorneys in their family firm... who cares? whether you work for a fortune 500 company or a mom and pop shop it shouldnt validate or discredit one's opinion, especially when simply re-stating the facts. But I think you for the entertainment it is very amusing!