Hey, sorry I'm late, but I didn't want to let a full day go by without reporting back on what happened at last night's city council meeting. If you're not familiar with the story, read this first to get some background.
Anyhow, I spent this weekend doing yard work, and it has kicked up my allergies to the point where I dang near called in sick this morning. Tonight, I'm beat, but I wanted to put out something - and reserve the right for more comments later - as always.
First, if you want to know what happened at a Lewisville City Council meeting, and I haven't written something, check out TJ Gilmore's blog. He's been live-blogging just about every city council meeting lately, and is pretty reliably accurate in recording the details. Here is this week's version.
And of course, last night was controversial, so we had the news camera from WFAA, channel 8 on hand. Here's the story from WFAA. (You might recognize an ugly dude with a bolo tie and a high and tight haircut). Dallas Morning News also had their report. The Lewisville Leader also covered it.
So basically what happened is that nothing happened - pretty much like I predicted. Not only would it have been politically dangerous for the Council to take any action, but it turns out that due to some case law and at least one A.G. opinion that I could find, it would have been without legal merit.
City Attorney Ron Neiman cited the case of Hunt v. City of Longview, which ended up in the 3rd Circuit Court. Basically, the City of Longview had a similar ordinance to ours in Lewisville disqualifying Council members on the basis of being in arrears on tax payments. The court says that dismissing a council member on those grounds amounts to a violation of the equal protection clause of the U.S. Constitution. While I disagree with the assertion that the privilege of public office is a right on par with basic civil rights, I think we have to face the facts and just deal with the fact that this is now binding. The Lewisville City Charter has an ineffective provision in it.
But I must say that I agree with the statement read in absentia for Councilman Watts - that the voters are the ones ultimately entrusted to decide who serves and who does not. Councilmen Thornhill and Tierney were in a tight spot, in that they pretty much had to bring this out in the public light so that we could all see they take charges like this seriously. If they hadn't done so, there would have been a contingent of people thinking that they tolerate some kind of "good-ol-boy" system of overlooking transgressions.
For his part, Gorena was fairly contrite, but alternately claiming ignorance of the law or "dirty politics" being in play. We take Gorena at his word on ignorance. But we ask whether citizens should expect more from one of the people who sets the tax rate each year.
Gorena dismisses the tax as "obscure" but in reality, Business Personal Property tax is one of only 5 main taxes we collect to run our city:
- Sales and use tax
- Real Property Tax (Business and Residential)
- Business Personal Property
- Hotel/Motel Occupancy Tax
Gorena operates a full-time business, and has done so for many years, deriving his full personal income from it, but has further ducked his personal responsibility by comparing his situation to that of a person who might sell Mary Kay or Amway on the side - without regard to the fact that the vast majority of these folks have little to no inventory, and rarely would have dedicated equipment used primarily for business.
Throughout the night, Gorena stated that his obligation would only be $20, based on his own estimate of his business equipment: an old crappy computer, a desk, and a printer. He contrasted this pointedly with the $46.17 that we estimated based on what we thought to be a conservative estimate of $2000 taxable for a computer consulting business. Although his rhetoric hit the mark with a few, including the media, I thought it somewhat absurd to be splitting hairs over how much he failed to pay.
First, that $20, if his estimate of taxable value is correct, would be for each year. Since he's been in business many years, he would owe back taxes for at least the 5 years of the statute of limitations. On top of that there would be penalties. Not once did Gorena mention that he would pay his past debt. Instead, seeming to take the Counselor's legal advice that the Council can't judge him to be in arrears, Gorena latched on to the notion that he is not in arrears. While the legal definition of that may be in question, the facts are clear: Gorena didn't file a rendition, therefore no bill was sent. Gorena seems to see this as an excuse, even though his negligence caused it. What he should have said, instead is simply: "I'll pay my tax debt."
Update: 3/17/2010
After this story broke, Gorena did contact DCAD and file a rendition. He told the Council Monday night that the amount was [less than $1000 - we don't have the exact quote], resulting in a tax of about $20. Gorena's BPP does now show up in the DentonCAD database with a value of $6,350. With this valuation, we estimate $189.68 + 10% penalty of $18.97 for a total of $208.65 for 2009. 2008 would have been a comparable amount based on that year's tax rates.
But Gorena continued to shift the blame, and try to wiggle out from his personal responsibility, alternately blaming the County, for not finding him and telling him to file - and this blogger for not "handling it right".
Yes, I suppose I should have contacted Gorena and given him the chance to come clean, make good, and explain himself for the record before I posted my blog. Oh wait, that's right - I did just that. But rather than listen to my findings and explain his position, Gorena chose to yell in the phone, berate me, call me a liar, and tell me I'm going to burn in hell. Rather than politely ask me to hold on to the story long enough for him to speak to a CPA or call the County and get the process straightened out, he told me to "just go ahead and write whatever you want to write".
After that, I pretty much decided to just roll with my story, with just a couple of tweaks to try and impart the very few legitimate arguments he made.
I honestly do believe that some changes ought to be made to Texas law, and to the procedures for collecting BPP tax. I don't at all begrudge the 99% of those who fail to pay the tax, and simply didn't know they had to. Most of these people never went before a city council meeting to complain about that very tax. Most of these people don't run for the elected office that sets the tax rate. Most of these people don't post self-righteous rantings quoting scripture on their websites about "render unto Caesar". Most of these people don't carry on about how immigrants don't pay taxes, or that only Christians should be entrusted with elected office. Most of these people don't carry on about "we need to enforce the law" (even when we don't have jurisdiction over that law). Most of these people don't attend tea parties to whine about being over-taxed.
But lets put this in perspective, shall we? After all, John Gorena doesn't kick puppies. He doesn't rob old ladies. John doesn't play his car stereo really loud late at night and wake up the baby. John doesn't shoplift vaccum cleaners from Target. John doesn't tear down lawfully erected barriers, or sexually harrass people. John, to the best of my knowledge doesn't take bribes from land developers. I don't think you would see John Gorena use public money to name a building in his honor. My point is that the $20 x 20 years - or however long - is fairly minor.
We all fail from time to time, and elected officials are no different. What makes the difference is how we react to those failings, and whether we work to correct ourselves whether or not anyone is watching. What matters is that there is redemption for all who come clean and get right. John Gorena has some choices he has made already, and has others to make in the coming weeks. I think we should all keep a watchful eye, knowing that I haven't released absolutely all of the story just yet. Lets see if Gorena does the right thing without having to be prompted again.
Related Posts:
- Councilman Gorena fails to render or pay personal property taxes.
- Video of Monday Night's Meeting (Skip ahead to item #17) |
The Calendar
Our Polls
Our Videos
Our Podcasts
On The Facebook
In the Twitter
Country Radio
Re: Thoughts on Monday Night's City Council Meeting
