If You're Not Firth, You're Last - Questions Must Be Asked

When city attorney Charlie McNabb jumped ship late last year the mayor lost his biggest legal advocate.  McNabb had been helping shield the mayor from the eventual realities of the successful recall effort undertaken by God's personal lobbyist - Pastor Brown.  When he left, the mayor was in a bind and that's when he made a desperate decision.  One we all may regret. 

Sylvia Borunda Firth has worked at the city for 14 years and is most noted for her work as the mayor's chief of staff recently.  Insiders tell me that her appointment to city attorney has not set well with anyone but the mayor, who loves having his puppet playing the lead in the show.  He's still hoping to find a legal solution to his recall problem and up until recently was doing everything he could to avoid setting an election date for his political funeral. 

The mayor figured if he could stretch out the election date to a point very close to when he had to leave office, the voters would likely just keep him so they wouldn't have to do two back to back elections. It should be noted that former city attorney Charlie McNabb conveniently forgot to tell the mayor he could ask the governor for a special election date any time he wanted and the governor would have likely granted him his wish posthaste. The mayor would have actually benefitted from that seeing as how he could have rushed an election and found his foes stuck on their heals. Too bad for him he's done nothing but create more negative press about himself and is now sure to lose his recall. 

The mayor made Firth his new defender, but it's probably too late and now the city has all kinds of problems developing because of the hasty hire. 

Here are some concerns:

1. The promotion of Firth crushed morale in the city attorneys office. Nobody working under her believes she should have gotten the job and many of them are wondering when she's going to stop wearing her "Mayor's Chief of Staff" hat and start wearing the the "City Attorney" hat.  My sources tell me that a whole bunch of resumes within the city attorneys office were updated and LinkedIn profiles were flying up on the web like it was a race. 

2. I have received no less than ten emails about a possible city contract held by Borunda Firth's husband's law firm.  There are some questions as to how that is being handled.  Nothing illegal has happened, but in the shade of the cloud of corruption over the skies of El Paso, it doesn't make for good appearances.  Many of the tipsters tell me that Mr. Firth's law firm had a contract with the city dating back to 2006 and that it's nothing new.  Although they think it's odd that Borunda Firth was working at the city when the original contract was approved. 

3.  I have learned that Borunda Firth signed the answer to the David Cooper's lawsuit against the city, city council members and Cielo Vista Neighborhood Association (CVNA) members that includes Borunda Firth's alleged aunt (by marriage - allegedly).  The general sentiment of the legal community is that she probably shouldn't have done that seeing as how she is allegedly connected to someone named in the suit.  There are also concerns that she might have been an advocate for the CVNA members and might be involved in the suit via depositions, requests for production - so forth and so on.  I may have the legal terms messed up there because I'm no lawyer and when talking to one I tend to stop listening about three sentences in because they talk without saying anything useful.  From what I understand - in layman's terms - she's signed herself up as a player/manager and this league frowns on that type of arrangement.

Pop quiz - who was the last MLB player/manager?  First person to answer in the comments section gets a date with Norma Chavez!

4. I have information that says that Borunda Firth's alleged aunt may have made a 911 call that was deemed "Malicious, mischievous false call, or other incident found," and it may have happened more than once.  A mother who was put in handcuffs after the police came to her house to follow up on repeated 911 hangup calls were made was quite upset to hear that the two women in the CVNA saga had not been arrested, detained or in any other way punished for what they did.  In fact, one of them allegedly holds the highest volunteer position possible at the regional police command center with a picture of her on the wall and everything (allegedly - I doubt they have her picture up there).  This woman's child had seen an educational video on using 911 and had been "practicing" as five year-olds tend to do.  She was taken out of the house and put in cuffs.  She was later released, but not before the entire neighborhood came out to see what was going on.  Needless to say, her emails have a pointed question - "what could I have been spared if I had a family member at city hall?" 

5. Given what was just written, the question must be asked - How did the CVNA benefit from Borunda Firth's position at city hall?  The answer could very well be, "not at all."  However, the world needs to see proof of that since extraordinary measures were taken against two business owners in the Patriot Place shopping center - measures never taken anywhere else in the city where much worse problems exist and many more complaints have been filed.  Is everyone with a complaint given equal treatment? Or, does one group get better treatment than another due to someone's familial relationship with someone at the city?  It's only fair that these questions be asked because Councilman Eddie Holguin was dragged through the mud when his in-laws allegedly used him name to get special treatment and there were demands made to "get to the bottom of this" when the issue arose - now is no time to stop holding people accountable. 

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Those are just a few of the questions I have.  It seems as if the city is putting themselves in a bad spot by not farming this issue out to outside council.  The liabilities here are far too great to take any chances. 

Your thoughts?

Comments

[Gossip Girl]

Last player/manager was Pete Rose. Do I get to be Norma's squeeze on the back of her Harley!

[Texaswoman]

You are trying to make something out of nothing. In Texas the only thing that matters is a relationship in the First Degree.

[Allen]

Number 1: congrats gossip girl on your correct answer, I hope you knew that without googling it or you have stolen my Harley ride.

Number 2: why is it that Texaswoman (and I just heard some good gossip on her/him btw) and Carl Starr feel the need to piss on the Cheerios of this blog every time? Is it because they don't want anyone to think that they are as smart as him/her or is it because they have nothing better to do with their pathetic lives aside from asking "would you like fries with that?".

Allow that to sink in for a minute him/her before you respond with a rant that I am sure with not have any bearing on this post...

Ok, minute is up. I believe the author has been embedding the idea that there has been special treatment given to people in the neighborhood associations based on family and personal ties. The morally bankrupt leaders in this city have proven time and again that they will do exactly that, whether it is family or someone else who is lining their pockets. Just because someone is related through marriage does not make it any less corrupt than if it were their mother. Have you never heard of the old phrase, "if you mess with one bean, you mess with the whole burrito"? I'm pretty sure that applies here and give the conspiracy theorist some weight, don't you think so him/her?

Either which way (and since I am not agreeing with you or having my younger straight up Carl's butthole) I am sure you will find some inappropriate, inconsequential legal finding that has little or no bearing on the subject. Perhaps you will google it...lol.

[Allen]

Strange, typed "tongue" not "younger". In case you don't understand, I meant to say "tongue straight up Carls butthole".

[Stuart Blaugrund]

Sylvia and Victor Firth are my UT law school classmates. They are good people.

[Texaswoman]

Well let's here it Allen.

[Carl Starr]

Allen I would not be surprised if David removes your posts. There is a Texas Woman who attends all City Council Meeting for the last 10 or 20 years. One reason you see my posts is I have prevailed on 7 civil rights lawsuits, some of which changed city and county policies and cited in Law Reviews and Washington Post.

[Carl Starr]

All filings must be countersigned by chief City Attorney or chief County Attorney conflicts or not, one is dealing with mostly the asst city atty or asst county atty but both sign the filings.

As far as the pending Neighborhood Assoc ordinance, watch it change now or watch me sue.

[David K]

Carl,

you will not win - you are so off base on what you "think" the ordinance is saying. Don't waste your time and our tax dollars being laughed out of court.

[l medina]

Is this the same Sylvia Borunda Firth who's sister is engaged to Presi Ortega.
Guess that Housing contract is coming back!

[Texaswoman]

Carl has 7 wins in court vs. Davids one loss.
If I was a gambler I would put my money on Carl.

[Allen]

Carl,

Quit being so sensitive big guy. You rant and rave and argue with everyone on this site and then tell me that my posts are going to be removed. Call the waaambulance. My criticisms of you and Texaswoman are my opinion and last I checked this is an opinion page. Since it is an opinion page I can pretty much say what I want. If the owner of the blog is sensitive to my colorful euphemisms he certainly hasn't said anything to me about it. In fact, why would he…I’m agreeing with him. Seems to me that you are the only one who has an opinion that counts (at least in your and Texaswoman's mind). Piss up a rope, killer. You criticize everyone who doesn't side with you and piss and moan when someone objects to your butchery of the English language or you improper use of common words and not-so-common lawsuits in a manner for which they were not or never intended. You boast about your successful litigation of 7 lawsuits and you being tied to news stories in crappy papers like the Washington Post. Toot your horn all you want, but don't be surprised and offended when someone does not agree with you or calls you on your frivolous bullshit.

As for Texaswoman sitting in on CC meetings, it does not surprise me at all that that nitwit has time to do something like that. I’m sure it is her chosen profession to sit around and listen to idiots babble, makes sense that she supports you.

[Ken]

Sylvia & Victor Firth are both people with the greatest integrity.

[get your facts right]

David didn't lose his case. It was a negotiated settlement and the suit was closed with no action. That's not a loss. Losing means you pay (or go to jail if you are a criminal). Hundreds and hundreds of lawsuits end up that way. Not that many go all the way to a jury trial.

[David K]

Texaswoman,

how much you want to bet?

He's so off here, and so are you, I'd put of the entire farm.

constitution applies to personal freedoms, not neighborhood associations. If you don't know that, then it's time to stop attending city council meetings and talking politicis because you've proven yourself to stupid to do either.

[Carl Starr]

It all needs research, the new tx law re loser pays is untested...two states and only two as far as I know, have for some time had a vexatious litigant law, CA and TX, CA law has been litigated and now watered down, the TX law, like this new loser pays, remains largely untested.

What is a loss, seems very subjective to me...of course whoever feels they won surely feels I won! I won! I think both state and fed judges have always been free 'on their own motion' to find any party, frivolous, vexatious etc and order sanctions/fines but of course then you have right to contest/appeal the sanction/fine.

When a party motions re atty fees, its usually not a motion exactly but a countersuit...that is the best way. I have read cases even claiming that any case ever dismissed without prejudice is not a 'loss'...that surely needs research.

No doubt with the new tx law somebody is going to face a $$$$$$$ atty fee bill for their 'loss' and at that point it will become clearer, what is a 'loss'. But best my recollection what is being held out as a loss or even win, is when one party succeeds on at least one portion or element or cause of action of their suit or affimative defense.

[Carl Starr]

I just saw David's post... Organizational standing re the 1st amendment has been upheld many times. Again back to the old SCOTUS 1950 Communist Party case, lesson 101 once again David?

[David K]

carl,

you're still not applying the law correctly. That's the problem with you - you did a key word search and then just went with the first thing that popped up. That case does not apply to city standards for "neighborhood associations." If the city can delete the ordinance in its entirity, don't you think they can probably set the rules of how they are organized and what they can and can not participate in?

READ the ordinance and understand exactly what it says before you go plug key terms into a legal database and claim victory. Your lawsuit will be laughed out of court.

[Carl Starr]

David, we could go on and on, lets just see if the city reworks it...and if not I will keep researching before filing any suit, if research holds up, like I said vague/overbroad standard is all that need be reached.

[blog reader]

Damn, do any of you hold a law degree ? Why not go to TC's blog and hash it out there ?

[Robnelp]

Carl...out of the 7 suits you claim to have won...exactly how many have you filed in total over the years?

[Carl Starr]

14 suits last 8years

including 3 Civil Actions called 'Petition to Investigate a Claim' eg presuit deposition- Tx Rule 202-FRCP 26

One "NEXT FRIEND" fed filing

One Motion to Intervene in Fed Criminal case

One Bivens Action re Biven vs Six Unknown Fed Agents

rest 42 usc 1983 and state court

hard to remember all...7 'prevailments' albeit some may claim its only 6 'wins' given the floating subjective views of what is a w-i-n and what is a l-o-s-s

no sanctions/fines or finding of frivolous

[Comic Book Guy]

Blah Blah Blah by the Blog Lawyers..Don't forget the cousin, former city attorney whose Firm also hold city contracts. I suppose you negate the conflict of interest and say well my family is everywhere. So the Mom being appointed to a position within PHRCC, where she can direct resources towards her Nemesis and harass an individual into submission is okay. Very deep and dark situation. Just saying