March 01, 2008

Ballesteros Lies

Vince over at Capitol Annex has a post up with links to a mailer sent out by Adan Ballesteros (the guy we DIDN'T endorse in the Precinct 2 Constable race) attacking Paul Labuda (the guy we DID endorse in the Precinct 2 Constable race) for not being a licensed peace officer. The reality is that Paul is certified as a peace officer in the State of Texas.

Ballesteros also made some unusual promises which Vince covers extremely well.

Second, we find another statement in the mailer highly suspect:

“Develop flexible payment plans for misdemeanor warrant offenders, helping to reduce jail over-crowding”

We’ve got a little bit of news for Mr. Ballesteros: this is an impossibility for a constable.

Anyone who purports to be a peace officer should know that there is a fundamental difference between law enforcement and the judicial branch of government. The judicial branch is the branch of government given statutory and constitutional authority to take guilty pleas, assess fines, and set up payment plans as allowed by statute. This is not something a constable can do, unless Travis County Precinct 2 operates in a vacuum outside of the authority of Texas law and constables can be the citing officer, judge, jury, and court clerk.

This is a ridiculous promise made by someone who claims to have been in law enforcement for 27 years. This is all on top of recent revelations regarding his possible involvement in drug smuggling during his time with a DEA taskforce on the border.

If you receive this mailer, do what we did... tear it up and put it in the trash. Labuda is a our best choice to beat the corrupt Bob Vann. Oh, and Bob, those signs make people mad.

Posted by mcblogger at March 1, 2008 04:09 PM

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Check with Constable Elfant, he call tell you that a person is not a certified Texas Peace Officer until a completed F-1 Report of Appointment / License Application is on file with the Texas Commission on Law Enforcement Standards and Education. As of last week Labuda did not have an F-1 on file.

Constable Elfant can also tell your about the program at Travis County Collections the JP Courts and Constables use for persons needing a partial payment plan for their fines and fees.

And while you are at it, you and Vince can ask Constable Elfant who funds the Austin Progressive Coalition. APC received about half ($10,000) of it's reported campaign funds from one law firm – Nix, Patterson, & Roach of Dangerfield, Texas – in one check last Monday (see Texas Ethics Commission reports).

Wouldn't you like to know which candidate APC is fronting money for? I would.

Posted by: Former Constable [TypeKey Profile Page] at March 1, 2008 06:03 PM

Labuda is a great ballroom dancer per his comments at candidate forums and his website.

Since Labuda has attended a law enforcement academy and passed the TCLEOSE test he is eligible to run for Constable. He is still not a certified Texas Peace Officer and has no real law enforcement experience. Too bad he did get the Austin Progressive Coalition endorsement so he could have an out of town law firm help fund his campaign too.

Posted by: Former Constable [TypeKey Profile Page] at March 2, 2008 12:33 AM

Well, splitting hairs here, peeps. And Paul has what he needs to be constable. Look, I think Adan's a swell guy but his campaign tactics have been pretty goddamn repulsive. Not to mention that to date there has NEVER been a satisfactory explanation of the drug accusations that were brought up during the appeal of his termination by DPS.

Posted by: mcblogger [TypeKey Profile Page] at March 3, 2008 10:26 AM

The F-1 is no longer being used, by the way. Instead, form L-1 is used to document licensure/appointment as a peace officer. Paul is a certified peace officer since he passed the TCLEOSE BPOC exam in January, but is not, and has never claimed to be, a sworn/appointed peace officer.

Mr. Ballesteros' mail is wrong, and it is unacceptable for him to malign Paul in this fashion.

Posted by: sccs [TypeKey Profile Page] at March 3, 2008 05:48 PM

I wrote Adan's mailer, so if you think "Adan's a swell guy but his campaign tactics have been pretty goddamn repulsive", call me at 554-2710 (day time hours) and we can split hairs in person. I guess I am the guy you have problems with.

I still will be following the Austin Progressive Coalition's late money trail in follow up campaign expenditure reports. Why in the hell is an out of town law firm pumping 10K to the University Democrats and Central Austin Democrats, which comprise the endorsing groups of the Austin Progressive Coalition, for county wide mailers for a Central Austin slate?

Met Labuda on election morning while putting up yard signs at polling places. Seemed like a nice guy to me. Way to nice to go down and dirty with Bob Vann. The November election is going to be a knock down drag out, you can bet on it. Ballesteros will be able to handle it.

Posted by: Former Constable [TypeKey Profile Page] at March 5, 2008 11:35 PM

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