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June 01, 2016

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Sounds like he has a strong case for a lawsuit, just as you predicted.

The rush to judgement will have repercussions . They just hooked themselves, sue the vindictive females on city council.

Could not believe how one sided the whole thing was. You have Darnell that is a tremendously talented criminal defense lawyer who completely understands the rules of evidence and fair treatment against a guy that files collection lawsuits for Yellow Pages and another attorney that probably hasn't been in a courtroom his entire career. For Schwartz to not allow testimony from an actual eye witness -Ann Lilly - regarding a face to face conversation she had with Lopez is unbelievable. It was credible and should be considered. Instead Schwartz and company decided to believe the affidavit of 2 people that have been totally discredited because of their total incompetence in managing the engineering department.

It was a set up. Certain council members chose their Ethics reps on the basis of their promise to find something against the CM.

I watched the video because I was really concerned that the city manager was not to be trusted. Turns out I was wrong. And, I am left with a lot of questions.

1. Is there actually an alley policy? If so, why did not Fischer not produce it?

2. I looked at the NTMP policy that is online. On page 7 and 8, it says arterial streets do not qualify for NTMP applications. Is this not correct? The city manager mentioned this in his presentation, but I guess they chose to ignore him.

Arlene: first off the allegation was that a paved alley was re-paved. There are a couple of on-call construction contracts that are bid out annually. One is for sidewalks and ADA projects and the other is for unpaved rights-of-way and alleys. A certain contractor has been awarded these contracts for years because he is the low bidder. Its a well known fact that this contractor has a full time person that runs around El Paso finding a certain kind of sidewalk and/or alley to reconstruct or pave because he has more money in his bid for this line item. He then has super good buddies in engineering that will assign him that project to do. It is a subjective process not based on reality, facts or needs. There is no way the CM could have known this kind of detail without him actually sitting in the engineering department and looking at every single piece of paper connected with these contracts. The former city engineer and the current (demoted) assistant director of CID would have total control over this issue and can do whatever they want without anyone questioning them. I am sure you observed the Ethics commission chair accepting into evidence the very flawed and untruthful affidavit's submitted by the former city engineer and current employee Lopez.

Bottom line, the CM was accidentally unethical because he actually believed he had inherited from the previous CM a staff of competent, honest people that should have known right from wrong and good from bad.

Wish there was proof of that, Justice denied. Too many people want to believe the worse of the city manager without any facts.

I am very confused. They state he was "reckless". If he was reckless, that would mean he knew what he was doing, correct? So how can something you do unintentionally be reckless? Makes no sense. Seems the "ethics" commission is very unethical and just wanted to do something to the city manager.

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