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https://clinton.presidentiallibraries.us/files/original/fa58740d80c5031130aa6032267a9210.pdf
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PDF Text
Text
Withdrawal/Redaction .Sheet
Clinton Library
DOCUMENT NO.
AND TYPE
RESTRICTION
SUBJECT/TITLE
DATE
001a. memo
Doug Sheom to Beth Nolan re: NC-SES appomtment (partial) (1
page)
...121-21/1994
P6fb(6)--
001b. memo
Doug Sheom to Beth Nolan re: SES appointment (partial) (1 page)
.-l-2/26/1995
Pef.BE-6}
002. articles
Lexis Nexis annotated articles (date range 1986- 1995) (28pages)
1986-1995
PS
89~
COLLECTION:
Clinton Presidential Records
Counsel's Office
Reynolds, Stacy
OA/Box Number: 5870
FOLDER TITLE:
Pouland, John C.
Dana Simmons
2006-0454-F .
ds258
RESTRICTION CODES
Presidential Records Act- [44 U.S.C. 2204(a)]
Freedom oflnformation Act- [5 U.S,C. 552(b))
Pl
P2
P3
P4
b(l) National security classified information [(b)(l) of the FOIA)
b(2) Release would disclose internal personnel rules and practices of
an agency [(b)(2) ofthe FOIA]
b(3) Release would violate a Federal statute [(b)(3) of the FOIA)
b(4) Release would disclose trade secrets or confidential or financial
information [(b)(4) of the FOIA]
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA)
b(S) Release would disclose information concerning the regulation of
financial institutions [(b)(S) of the FOlA]
b(9) Release would disclose geological or geophysical information
concerning wells [(b)(9) of the FOIA]
National Security Classified Information [(a)(l) of the PRA]
Relating to the appointment to Federal office [(a)(2) of the PRA]
Release would violate a Federal statute [(a)(3) of the PRA]
Release would disclose trade secrets or ·confidential commercial or
financial information [(a)(4) of the PRA]
PS Release would disclose confidential advice between the President
and his advisors, or between such advisors [a)(S) of the PRA)
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(a)(6) of the PRA]
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance :with 44 U.S.C.
2201(3).
RR. Document will be reviewed upon request.
WJC LIBRARY PHOTOCOPY
�PAGE
1
LEVEL 1 - 1. OF 90 STORIES
Copyright 1995 The Houston Post
The Houston Past
January 27, 1995, FRIDAY,
SECTION: TEXAS,
FINAL EDITION
Pg. AZ6
LENGTH: 1.97 words
HEADLINE: 2 ATTORNEYS SUE TO EASE ACCESS TO HIGH COURT
BYLINE: KEN HERMAN, POST AUSTIN· BUREAU
DATELINE: AUSTIN
BODY:
Two attorneys went to court Thursday to try to make it easier to get
court.
tti
In a federal lawsuit filed here, lawyers 11ark. Partin of Austin, who is
. confined to a wheelchair, and a blind Austin lawyer i.denti fied only by initials,
allege- the Texas Supreme Court building is in violation of the Americans with
Disabilities Act.
Thursday was the first day that government facilities were required to comply
with the federal law that guarantees equal access for all.
''Of all the buildings in Texas, the Supreme Court should stand as a symbol
of equality under the law,'' said James Harrington, director of the Texas Civil
Rights Project, which filed the suit on the attorneys• behalf. ••we wouldn't
tolerate a sign on the court that told racial and ethnic minorities not to enter
the building.''
The suit was filed against the state's General Services Commission, manager
of state facilities. The building, whfch recently underwent a major overhaul,
houses the Supreme Court and the Court of Criminal Appeals.
Ja:hn Pouland, the commission•s executive director, said the agency preferred
to respond to the lawsuit, not the Texas Civil Rights Project's news release.
LOAD-DATE-MDC: January 29, 1995
LEVEL 1 - 14 OF 90 STORIES
Copyright 1994 The Houston Post
The Houston.Post
March 24, 1994, THURSDAY,
SECTION: EDITORIAL,
Pg. A3G,
FUML EDITION
EDITORIAL
LENGTH: 392 words
HEADLINE: DETERRENT TO ABUSE;
STATE SHOULD KEEP RECORDS OF AGENCIES' LOCAL CAL
·_EXIS~ NEXIS®<~~
�-----------------------------------------------------------------~
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2
The- Houston P-ost, Karch 24, 1994
BODY:.
IT HAY SOON become even more difficult to ffnd out whether state elected
officials and their employees abuse their time an the state payroll by making
personal and political telephone calls.
With new Texas
long-distance and
routinely keeping
used to keep such
· keeping them only
Agency ~twork £TEX-AN) equipment that can distinguish between
local calls, the General Services Commission plans to stop
records of local calls in the Capital Comple){ in Austin. It
records for 3-0 days, but for almost two years, it has been
for a week.
::·In 1992, such records showed a statewide officeholder's employees were
spending time on state telephones work.ing on Bill Clinton s pres ident1al
campaign. And recently an employee was found to be running an escort service
from his state office.
1
But GSC Executive Directo-r John Pouland says
he sees no worthwhile public
reason for keeping records of local calls because the calls cost the state no
money.
Pouland says that if an elected official or .other state agency head wants
records of his or her employees' local calls - to check on misconduct or for
other management purposes - the phone system could be reprogrammed to furnish
the information at the agency s request and expense·.
1
He says the new phone system, which covers only about 10 percent of the state
work force, can be programmed so that it does not record. the local calls. This
will save his agency time and money supplying the records to agencies.
Long-distance calls will still be record.ed and records of them furnished to the
individual state agencies and the state archives.
The Post hopes members of the 6SC, meeting April 26, will reject the new
plan. Local calls should continue to b.e recorded and, if any change is made,
records should still be saved longer than a week.
The Cap-itol Complex contains the main offices of all statewide elected
officials and members of the Legislature, as well as numerous other
bureaucracies. The local-call records can indicate whether employees spend time
politicking or doing undue amounts of personal business at work~
Outsiders should have access to such information - not just agency heads
making special requests to check on their employees. Those bosses wouldn r t be
eager to make public abuses in their agencies.
Continuance of the phone records may well discourage misconduct.
LOAD-DATE-MDC: -August 24, 1994
LEVEL 1 - 30 OF 90 STORIES
Copyright 1993 The Dallas Morning riew·s'
THE DALLAS MORNING NEWS
July 18, 1993, Sunday, HOME FII'4AL
EDITION
�PAGE
3
THE DALLAS HORNING NEWS, July 18·, 1993
SECTION: TEXAS
&
SOUTHWEST;· Pg. 37A
LENGTH: 938 words
HEADLINE: Hutchison phone case spurs debate;
Privacy vs. openness at issue
BYLINE: Wayne Slater, Austin Bureau of The Oallas Morning News
DATELINE: AUSTIN
BODY:
U.S. Sen. Kay Bailey Hutchison's reluctance to release state telephone
records has sparked a debate over whether officials can use state equipment for
private purposes without telling the public.
Even as they released records Thursday, Hutchison aides contended that if a
public official reimburses the state for personal or political telephone calls,
the records of those calls are private.
Advocates of open government warn that such a practice effectively would
allow elected officials and state employees to use any government office or
equipment for personal or political work -- and deny the public the right to see
the records.
This would be a very, very dangerous precedent,' said Suz.y Woodford of
Common Cause in Austin.
11
Any. time a pub-lic official got a request from a· citizen or. the media for
records from a tel~phone line or a fai machine used for political purposes, the
official could ju·st cite this and say, ~~'I don't have to give you this
information.' '
11
Dallas lawyer Tom LeaUterbury, president of the Freedolil of Information
Foundation of Texas, said he is wary of any ~~'attempt to create new exemptions
under the Open Records Act.
1
•
. "lt S a dangerous precedent for an~ public official or any public employee to
attempt to exempt.documents ,rom the Open Records Act and from public view
because of reimbursement, t he said·.
1
Aides to Ms. Hutchison -- a Repub-lican who was state treasurer from January
1991 until last month, when she was elected to the Senate -- called a news
conference to make public records of 20 months of long-distance telephone calls
made on a state line at the treasury.
The campaign, after requests by The Dallas Horning News and other news
organizations, had declined for two months to turn over the records.
The documents also were sought by a Travis County grand jury investigating
possible tampering with government records, obstruction of justice, official
misconduct and violations of the Texas Open Records Act at the treasury during
Ms. Hutchison's tenure.
�(
THE DALLAS MORNIN.G NEWS, July
fa,_ 1993
PAGE
4
Hs. Hutchison has denied any wrongdoing. Hutchison aides said they decided
to release the records to the grand jury and to the news media because they
thought that reporters were about to get them from other sources.
Still, spokesman David Beckwith said· Ms. Hutch.ison continues to believe that
the phone records are not subject to public scrutiny.
\2-s\DEtvr:
The phone logs, according to our best legal opinion, are th.e result. ov~~~
private arrangement we had to lease th.e line,' he said.
./<
0(
11
to
The calls were entirely paid for by her, or, more specifically, by h~i
treasury campaign.
11
1
.
·
'\?v
d-.
() f
c;r~
("
o;
~
~
Y
John Pauland, executive director of the General Services Commission, whl--h
·
oversees state equipment, dismissed the argument that Ms. Hutchison •leased~
state _tel phone for pri va.te use.
There is no leasing of a state phone,, Mr. Pouland said. "Our belief is a
state phone installed in a state office building by state employees using state
cable and billed by the state for a state agency is a state phone.
11
11
What you Ire sa·ying is that you Ire' going to buy out the Open Records Act.
I
State Attorney General Dan Morales, a D€mocrat, has been asked to issue an
opinion on whether Ms. Hutchison has violated. the Open Recor~s Act. but has
declined to do so.
Ron Dusek, a_ Morales spokesman, said the attorney general wants to wait to
see whether the grand jury inquiry deGides the matter.
At issue was a decision by Ms. Hutchison shortly after taking office in 1'991
to designate one of the telephone lines at the treasury for her private use.
The line was part of the state system, which affords agencies cheaper rates for
long-distance calls.
State law forbids public officials and employees from using their offices for
nonstate business.
Mr. Beckwith acknowledged that Ms. Hutchison and treasury workers made
personal and political calls on the line, but he said there was nothing wrong
with that because the state was paid about$ 2,500 for its use. The money came
from her campaign funds.
Mr. Beckwith said tis. Hutchison believed that she was following the practice
of her predecessor at the treasury, Democratic Gov. Ann Richards. He said ,Ms.
Richards maintained a public telephone for her own use while serving as
treasurer.
Ms. Richards said she used state telephones at the treasury but billed
private calls on her own credit ·card and always maintained that the records from
any state phones are open to the public.
In recent years, state officials have installed- in their offices private
telephones not connected to the state system.
�. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
PAGE
5
THE DALLAS MORNING NEWS, July 18, 1993
A review of the 7,000 telephone calls made ort the Hutchison state phone
during its ZO months of use include calls to a washington political consultant,
her Dallas fund~raiser, financial contributors, the Republican Senatorial
Campaign Committee in Washington, family and friends.
Mr. Pouland said thatregardless of w.hether Ms. Hutchison reimbursed the
state for the cost of the telephone, the record of calls should be op-en to the
public.
·
urt•s not just an issue of circumventing the Open Records Act,' he said.
"You have negated the purpose of the Open Records Act, which is designed to give
the public the right to know what state officials and employees are doing.'
Jennifer Riggs, an Austin lawyer and former head of the open-government
section of the attorney generalrs office, said Texas law supports the idea that
the public has a right to know about the activities of its government.
The law provides specific exceptions to public scrutiny, including some
matters dealing with litigation and personnel.
11
It doesn 1 t really matter who pays for the
equipment,~
she said.
GRAPHIC: P:HOT0(5): Kay Bailey Hutchison • • . contends that records are private.
LANGUAGE: ENGLISH
LOAD-DATE-MDC: July ZZ ,. 1993
LEVEL
1 - 31 OF
90 STORIES
Copyright 1993 American Political Network, Inc.
The Hotline
July 16, 1993
SECTION: SENATE WATCH
~ENGTH:
667 words .
HEADLINE: TEXAS: HUTCHISON RELEASES PHONE LOGS, HIRES D.C. ATTY
BODY:
Sen. [.(ay Bailey Hutchison (R} released telephone records"
6/15 and usaid she hired a high-profile Washington lawyer to
represent her in an investigation of th-e state Treasury she led
for l 1/Z years." Hutchison hired Atty John Dowd, who has
represented Sen. John McCain ER-AZ) .in the Keatin~ Five
investigation and baseball star Pete Rose •. Hutchison said she
hi red Oowd to help "organi~e and prepare informaton in response·n
to the inquiry~ . Hutchison spokesperson David Beckwith on the
release of the phone logs: 11 l4e have nothing to hide. Beckwith
and Hutchison consultant Karl Rove nave naccused employees in the
treasury of leaking infor~ation to the news media ••. as part of
a campaign by Democrats to discredit 11 Hutchison before her r94
re-election campaign. Beckwith "mentioned" TX Treasury Press
11
11
.
.
_EXIS~ NEXIS®(t~
.
. LEXIS®m NEXIS®{~~
�(
PAGE
(C)
1993 The Hotline,
~ly
16, 1993
Sec. Monte' Williams rtby name." Williams 11 denied leaking
information~~:
"It looks lik.e Karl and Dave need to get a bumper
sticker that says, ~Hank if you•re paranoi~.r ••• For goodness
sake, I was a key member of the Krueger campaign, so I donrt
think I qualify as a shrewd political operative"· (Kuempel/Slater,
DALLAS MORNING NEWS, 7/16>. Dowd on the leak.s: . "The issue here
is wheth1:r people. who choose to distort or disseminate false
information can nullify the election of a United States s·enator"·
CHOUSTON CHRONICLE, 7/16}.
YESTERDAY'S LEADS: HOUSTON CHRONICLE's Ratcliffe reports
that e~-deputy TX Treas. Mike Barron confirmed that Hutchison,
then TX Treasurer, had "ordered the remavaP of records. Barron
said that last year Hutchison ordered her top aides to 'rgive her
records detailing long-distance calls made on a state telephone
line used by Hutchison and some of her key staff members. to make
personal and political calls a <7l15J. Sources who have seen the
phone records, indicated that "more than 5,000, and perhaps as
many as a,ooo long-distance calls" were. made between 1/91 when
Hutchison took office and 8/92 when the line was disconnected ·
B<uempel, DALLAS MORNING NEWS, 7/14). Hutchison •rfrequently ran.
more than six months behind in repaying the state, but she
eventually reimbursed the state more than $2,500 for ZIJ months of
telephone serv-ice and long distance calls." State law "makes.
intentional tampering with governmental record a third degree
felony.~~
However, Beckwith ltsaid the records are Hutchison's
property ..:._ not the state's -- because she ultimately paid for
the line" (.CHRONICLE, 7/15). T"X Gen. Services Commis. ellec. di r.
John Pouland countered that "public officials cannot use state
telephones ••• for private purposes and then cla-im the records
are secret because they reimbursed the government for its use."
· ·The Travis Co. grand jury is also looking at ~~possible misconduct .
in the office," amid charges that some ex-employees did
"political work on state time.lf Hutchison aides have called the
investigation a "Democrat-or·chestrated bid to discredit"' ·
Hutchison before her '94 election (AP/DALLAS MORNING NEWS, 7/15}.
LANGUAGE: ENGLISH
LOAD'-DATE-MDC: 07/16/93
LEVEL 1 - 34 OF .90 STORIES
·Copyright 1993 The Houston Chronicle Publishing company
The Houston Chronicle
May 6, 1993, Thursday, 3 STAR Edition
SECTION: A; Pg. 33
LENGTH: 757 words
HEADLINE: Ex-aides accuse Hutchison of cheating state;
Telephone use qu.estioned
6
�r - - - - - - - - - - - - - - - - - - - - ----
PAGE
The Houston Chronicle, May 6, 1993
BYLINE: R.G. RATCLIFFE, Houston Chronicle Austin Bureau; Staff
DATELINE: AUSTIN
BODY:·
Three former state treasury employees say Kay Bailey
Hutchison required them to makE personal and political calls for
her on state time using a state telephone line.
AUSTIN --
·The treasurer's office Wednesday refused to release to the
Houston Chronicle records detailing long-distance calls on the
1i ne, saying it was privately leased by the Hutch.! son campaign an.d
not s.uttject to the Texas Open Records Act..
·
Hutchison's political account repaid the state for service on
the ·line. Payment records indicate tt·was used ta.make 10 to 20
hours of long-distance calls a month between Febru.ary 1991' and
August 1992, when it was disconnected.
But the three. former employees -- all Republicans --· said
they re·cei ved state pay for making Hutchison r s political calls on
the line during office hours.
Hutchison spokes·man David Beck.~~tith sa:id any employee who did
non-state work during office hours was supposed· to make up the time
l:ly working late.
Hutchison, the Republican state treasuter since 1991, is in a
special election runoff with Democrat Bob Krueger for a Te1as u.s.
Senate seat.
Two former top aides to Hutchison, Trilby Babin and Sandra
Snead, and a former key aide who ask.ed to remain an'onymous said
they were frequently required to use the state line for the
treasurer•s personal and political calls.
They said four to six members of Hutchison's executive staff
had dtrect access to the line while others could come into the
executive offices to use it.
Babin, who was Hutchison's scheduler from January through
June of 1991, said' the treasurer had her use the line to contact
political contributors and to perform such·personal tasks as buying
opera tickets.
""When she would go visit an area, she would have me call all
of her supporters in an area, the SREC (State Republica·n Executive
Committee> rep· from that area, the senato·r, the represerttati ve, big
donors,'' Babin said.
"She had a big donor list that was kept in the office and we
were supposed to keep in contact with th€m. ''
11
Sn~ad, who w6rked directly with Hutchison as her·
administrative assistant, said virtually all use of the line by
7
�(
The Houston Chronicle, May 6, 1993
state employees was during normal working hours.
said she placed political calls for Hutchison and also
was required to negotiate duties with Hutchison •s yard man and
maids using the line.
·
Sn~ad
The third former employee said Hutchison knew her workers
were using the line for political calls during office hours.
u"The purpbse of having it in your state office was so you
could use it while you were in your state office,'' the former aide
said.
Hutchison spokesman Beckwith defended her actions and claimed
the accusations were ""politically inspired. ''
0Ut of an abund·ance of caution, (Hutchison) had i.nstalled
and paid for a private telephone line so there would be no question
about the misuse of state funds, r BecKwith said.
1111
I
When the treasurer's office responded to a Chronicle request
for other phone records last year, officials inadvertently provided
a docu.ment that reflects five Of 334 long-distance calls made on
the line during November 1991.
The Mov. Z7 calls included tll!o that could not be identified,
a two-minl.l.te call to Republican Sena Phtl Gramm's Dallas office at
1:01 p.m., a 10-minute call to Tarrant County GOP headquarters at
1:16 .p.m. and a one-minute call to a Dallas political consultant at
2:22 p.m
Alicia Fechtel, general counsel for the Treasury, on
Wednesday refused to turn over records of long-distance calls made
on the line. She said the agency does not have the records and is
not required to keep them.
State Purchasing Director John Pouland; a De~ocrat, said the
line was a state telephone subject to open records reviewr
The Texas State Library Records Management Division manuel
directs state agencies to maintain ""accounts payable information''
such as phone records for three years.
·
In 199Z, two other state officials -- Land CommissionEr Garry'
Mauro and Agriculture Commissioner Rick. Perry -- anci their aides
used state telEphones on state time to mak.e long-distance calls on
behalf of political campaigns thEy were helping.
Mauro, a Democrat, and members of his staff used state
equipment and time to help Ark.ansas Gova Bill Clinton campaign for
the presidency. Perry, a Republican, reportedly usEd agency phones
to make long-distance calls to the campaign of Barry Williamson, a
Republican who ran successfully for the Texas Railroad Commission.
PAGE
8
�PAGE
9
The Houston Chronicle, May 6, 1993
Both reimbursed the state for some of the calls.
LANGUAGE: ENGLISH
LOAD-DATE-MDC: May 7, 1993
L~VEL 1 -
37 OF
90 STORIES
Copyright 1992 American Lawyer Newspapers Group, Inc.
Texas Lawyer
December Zf, 1992
SECTION: THE PRODUCTS LIABILITY CLEANUP; Pg. S-2
LENGTH: 1489
~ords
HEADLINE: MAUZY ECLIPSED, BUT NEW STARS COME OUT;
Detente, Oefeat Shape Austin's 1993 LooK
BYLINE: BY WALTER BORGES
BODY:
Political life in Austin follows a two-year cycle, with elections prominent
in even-numbered years and the Legislatu.re •s regular sessions dominating
odd-numbered ones. The end of 1992 closes one such cycle, giving Texas Lawyer
the chance to assess the changing of the guard in and around the capitol.
Here•s a g-uide to who's newly in, and who's on the way out, within the public
sector of the legal profession.
IN
Bob· Bullock ~ The lieutenant governor used his considerable power as presiding
offi c.er of the Senate to craft a products liability compromise between bu·s iness
interests and plaintiffs• lawyers. And he did it before the session started.
What next? Walking on water? A state income tax?
Rose Spector -- 1992 was supposed to be the Year of the Woman in the
congress ia.nal elect ions, but the Year had long coattails in Texas,. which already
had women running the governor's office and the state treasury. Underdog Rose
Spector took advantage witn· a simple, effective TV ad that showed historical
photographs of Tex.as Supreme Court memb€rS -- exclusively male.
JacK Hightower -- Defense lawyers and business interests roasted Supreme Court
Justice Hightower after he cast the deciding vote tn the 1990 Alfaro decision
striKing down the forum non conveniens doctrine, even though he. b-ased his
decision on legislative procedure grounds rather than the merits of the doctrine
Cwhich he favors). Although dis information swirled about his Alfaro vote,
Hightower recovered to lead state Democratic candidates in the Nov. 3 balloting.
"Disarmament 11 - - Th-e Texas Medical Association and individual members of the
Texas Trial Lawyer-s Association have warred over the Texas Supreme Court since
1988. Millions have been spent by trial lawyers and doctors in 1Z races, and
�(
. PAGE
I
10
Texas Lawyer, Decem.ber H, 1992
the TMA. has put considerable time and money into grass-roots political efforts.
But a solid, TMA backed majority on the high court, a mixed result in the 1992
ra·ces and cooperatively drafted legislation on some medical liability issues
have both organizations eying detente. As TMA legislative affairs director Kim
Ross puts it: "Both us and the trial lawyers have second-strike capability, so.
it doesn't make sense to consider escalating to nuclear war. 11 One upshot: Some
officials in both organizations are exploring the possibility of finding a~
centrist j.udge who could run in 1994 with the backing of both organiz.atio(s.~~~'"''-''' li..y?'
jud~dothcz9 ;L ~ ·
~
U
:o
Court of Criminal Appeals Judge-Elect Larry Meyers -- Methinks the
concede too much. He congratulated incumbent opponent Fortunato "Pete 11\.~
Benavides early, then beat him in Election Night •s btggest surprise. .,~)
.
.
0
Benavides, 5th Court of Appeals Justice Kevin Wiggins and 208th- District'\Judge
John Kyles of Houston -- These appointed minority incumbents are on their )Ja¥.-..out after losing at the polls, but the likelihood they could testify in court
some day about racial bias in at-large judicial ~lections has breathed new life
into efforts to .settle the· Voting Rights Act cases by establishing single-member
districts for both the appellate and district courts.
The Texas Ethics Commission· and Ronald Earle -- For Texas legislators, there was
always a free lunch on a lobbyist rs tab·. Not any more. Praise -- or blame -. an ethics panel of political appointees who take their oversight of governmental
ethics seriously. Their actions were reinforced by Travis County District
. Attorney Earle, previously reluctant to take aggressive action against ethics
scofflaws, who now takes a h.ard-line interpretation of the statutes.
Heard, Goggan, Blair & Williams -- The tax-collection firm scored a coup by
winning a five-year extension on its Bexar County collection contract before the
election. Timing was crucial because both candidates for county j.udge,
Republican winner Cyndi Krier and Democrat Tommy Ad~isson, favo-re-d a competitive
bidding process rather than a rubber-stamp renewal of Heard, Gog·gan •s contract.
OUT
Oscar l'lauz.y -- 1993rs most obvious outsider was for years a liberal Democratic
icon in the Texas Senate and on the Texas Supreme Court He worried less about
the letter of the law than its· i.mpact on the old Democratic alliance of labor,
the· poor and the powerless -- and his outspok.en advocacy of their interests made
him a target of Republicans, conservatives business interests and professional
associations. He freely got down in the mud with his opponents in election
campaigns, but his defense of campaigns fUeled by large political contributions
cost him clearly. Foes incorrectly but successfully painted him as the target
of a -60 M'nutes" probe. Sic transit gloria mundi.
Craig Enoch - The 5th Court of Appeals• chief justice bumped off Mauzy in a
race that wasn•t close 1 surprisi~g a bunch of political consultants and
activists whose polls late in the campaign shtiwed the opposite. Enoch gets no
honeymoon after he takes the high court bench in January, for it came to light
in the course of the campaign that he had used court personnel to· help research
and draft his master s thesis·and had his secretary write political thank-you
notes on court ti.m·e. That is under investigation by the Travis County· district
attorney•s office.
1
Garry Mauro-- After heading.Bill Clintonrs Texas campaign, the land
~
�PAGE
11
Texas Lawyer, December 21, 1992
commissioner is hot pro-perty in the speculation about Catltnet spots. Financial
problems stemming from unwise real estate investments may keep him at home,
however. Besides, Clinton lost Tex-as.
Parker McCullough -- The Georgetown attorney was commanding increasing attention
-as a sidek.i ck to· House Speaker 6ib Lewis until rural opposition to high-speed
rail in his district stopped his rapid rise in its tracks.
Mark Yudof :-·- The law dean at the University of Texas was the hometown favorite
when the Austin campus sought a. new president, but an alien academic from the
University of Illinois took the priz.e. This was previously unthinkable in
Texas, sort of like picante sauce from New York.
Anita Rodeheaver-- Harris Countyrs district clerk did nothing wrong, according
to the Texas secretary of state's office, when she reported the Nov. 3 election
results complete-except in one judicial race that drew 41,000 write~in votes.
"\She forgot to say that the votes on the write-in ballots· hadn't been counted for
other races, either, and the embarrassing· reversal of five .results made banner
headlines in Houston.
John Pouland· --.Shortly after the Dallas lawyer and Democratic political
activist took over as executive director of the General Services Commission,. he
declared that the commissi.on would des. troy state record.s of local telephone
calls weekly to save on computer data space and tape costs. Pouland announced
the action after the local phone records had been used to reveal that U.S. . ~
District Judge James Nowlin of Austin had improper contacts with state
~oErvr;-1:-._
legislators ·when drawing up a redistricting plan~ The sa~e records had b~en
<(\
used to· spark a: criminal investigation of Mauro and hi.s· employees for usl':t:ftg
'61
state phones and state time to campaign for Clinton.
~r~
FARTHER OUT
Rus·ty Hard in -- Hardin quit his prosecutor's post in Harris
found Texas People Against Crime, a pro-law enforcement PAC
balance in the Court of Crim.inal Appeals. Only one of four
candidates won in 1990, and this year thing-s got worse: All
group endorsed were beaten.
z
o/:2
~
County in 1990 to
aiming to shift t~-~
TPAC-backed.
three candidates the
BEYOND.PLUTO AND URANUS
The Citiz.en' s Commis·s ion on the Texas Judicial System -- Small "d 11 democracy
continues to face an assault from the state's conservative leaders, who prefer
small nr~ republicanism with its greater opportunities to concentrate and
influence political power. Nothing demonstrates this better than the
mis-leadingly named Citiz.en-'s Commission -- m.are than two-thirds of the 1Z4
members are judges, former judges, lawyers or court employees -- which proposed
a scheme that would give the Texas Supreme Court chief justice unprecedented
power. The CJ~ould sit on both criminal and civil panels, call both panels to
sit en b-ane, and would appoint the presiding judges for the state's nine
administrative judicial regions. The plan's originator, not surprisingly, is
Chief Justice and law cz.ar-apparent Thom:as Phillips.
IN PURGATORY
John Hall, Kirk Watson, Allen Evans and Amy R. ,Johnson --Gov. Ann Richards
.:u
\
�(
(
PAGE
12
Texas Lawyer, December 21, 1992
named Hall to head the Water Commission~ Watson to chair the Texas Air Control
Board, F;:vans to sit on the State Board of Insurance and Johnson to serve as
public insurance counsel. All appear ready to regulate., rather than expedite
the special interests of the regulated, which does not augur well for their·
confi rm.ati on hearings in the upcoming legislative session. Their success in
confirmation will be a test. of w-hether the agencies they head have been
"capturedn by t~o·se they regulate. ·
GRAPHIC: Picture t, BULLOCK; Picture Zr BENAVIDES;- Picture 3, EARLE; Picture 4,
MAUZY; Picture 5, ENOCH; Picture 6, YUDOf; Picture 7, HARDIN
LANGUAGE: ENGLISH
LEVEL 1 - 40 OF 90 STORIES
Copyrig'ht 199Z The H11uston Chronicle Publishing C11mpany
· The Houston Chronicle
September 5, 199Z, Saturday, Z STAR Edition
SECTION: A; Pg. 34
LENGTH:
386
words
HEADLINE: State agencies chose 11nly 15 black vendors
BYLINE:
JQ.
A.NN ZUNIGA; Staff
BODY:
Only 15 black vendors were chosen. by state agencies out of
105,430 ·contracts issued to vend11rs through gen~ral purchasing this
year, the chairman of H11uston Black. American Democrats announced
Friday.
Th~ough an Op~n Records Act request earlier this year, the
Texas Coalition of Bla~k Demctcrats discovered the results, said Ray
Paige, local chairman. A total of 3,832 contracts out of the
105,430 state contracted vendors.were listed as ""disadvantaged
business enterprises CDBE)i'' operated by minorities and women.
Fifteen of those were black..
""This inequity will not be tolerated and the Houston Black
American Democrats.are putting these agencies, boards and
commissions on notice, as well as those ·who appointed them, that
some remedy to correct this apparently deliberate action, must
commence immediately,'' Paige said during a press conference in
City Hall.
A review of state records showed that the Commission. on Jail
Standards had·no black or DBE contract in 1.990 or 1991 and neither
did the Texas Mot11r Vehicle Commission. Texas Department of
Af)riculture had no black. vendors in its 206 c11ntracts and neither
did the. Texas Department of Corrections and Jails Pardons and
Paroles Di vi.sion out of its 526 vendors or Texas A&H Uni vers fty at
�PAGE
The- Houston Chronicle, September 5, 1992
Galveston out of ZZ1 contracts.
The State Purchasing and ~eneral Services CoMmission, which
does the majority of bulk purchasing for state offices, had one
black vendor anct: az DBEs out of 1, 255- total contracts.
The consensus of the coalitions is that based on the
. historical resistance of Texas State Boards and Commissions
contract equitably with black and other minority groups, it
feasible that muc-h more dramatic action will be required by
agencies and the Legislature,'' according to a statement by
T. ~orris III, state coalition president.
1111
to
is
these
Booker
Bill Cryer, governor's press secretary in Austin, said,
.... This has been' a concern of Governor Richards since. she was state
treasurer. ''
Several weeKs ago Richards requested John Pouland, State
General Services Commission dirl?ctor, to insist agencies allow
equitable opportunities for minority vendors.
Potnand said, n urhe DBEs, minority, women and small
businesses have historically been short-changed and it's time to
,change it for the better. ''
LANGUAGE: ENGLISH
LOAD-DATE-MDC: SepteMber 11, 199Z
LEVEL
1 - 42~ OF 90
STORIES
Copyright 1992 The Houston Chronicle Publishing Company
The Houston Chronicle·
July 6, 199£, Monday,
SECTION: B;
Editoria~s;
z STAR
Edition
Pgw 6
LENGTH: 380 words
HEADLINE: COVER-UP AT WORK;
Lawmakers now need to preserve state phone records
BYLINE: Staff
BODY:
The Legislature ought to step in now that the General
Services Commission has chosen to continue its s.udden new practice
of destroying records of state telephone calls after only one week.
The hurried destructiOn of records can only ~ake. it mtire difficult
to uncover any m-isuse of state phones by the Austin political
es tablishm.ent. ·
13
�PAGE
The Houston Chronicle, July 6, 1992
Lawmakers should take the first opportunity to pass
legislation preserving these phone records long enough so that it
is effectively possible to check them far inappropriate. calls made
at public expense. These. records were once kept. for a month or
more. The General Services Commission's speed~up decision appear·s
to be n.othing more than an attempt to help cover up any future
misuses o.f state telephones,. state resources and state employees•
time.
The timing of the initial deciSion several weeks ago. to erase
the computer tape records was surprising, and revealing. It came
shortly after the . Chronicle used the records to d.ocument
inappropriate and possibly illegal use of state telephones by Land
Commiss ianer Garry Mauro and sam~ of his e~tployees on behalf of
presidential hopeful Bill Clinton. Texas Attorney General Dan
Morales had also used the records in a highly publicized and
successfu1 investigation over state Senate redistricting.
The point is that these are public records which ought to be
retained long enough so they can be checked if allegations of
misuse arise. Keeping them for only one week is obviously not long
enough. The commission maintains long distance records for a month
or more. It should do the same for local calls.
The initial decision to hurriedly destroy the po5sible
evidence was apparently made by the executive director of the·
General Services Commission, John Pouland. W:hen IsCiias Torres, a
member of the Texas Ethics Commission, questioned Pouland about the
decision, Pouland said he would reverse the new policy if that was
what the ethics commission wanted.
The· ethics commission subsequently decided it dtd not have
jurisdiction to do anything about the records, but its chairman,
George Bayoud, said the new policy ""looks bad. '' It certainly
does. So why hasn't the General Services Commission done what its
ex.ec~tive director implied it would?
LANGUAGE: ENGLfSH
TYPE: Editorial Opinion
LOAD-DATE-MDC: July 9,
199Z
LEVEL
1
~
45 OF
90
STORIES
Copyright 1992 The Houston Chronicle PubliShing Company
The Houston Chronicle
May 23,
199Z,
SECTION: A; Ed1toriais; Pg. 38
Saturday,. 2 STAR Edition
14
�PAGE
The Houston Chranicle, May 23, 1992
LENGTH: 388 words
HEADLINE: GUARDING ETHICS;
State commission can do its job with s.imple·reque:st
BYLINE: Staff
BODY;
The Texas Ethics Commission has a responsibility to ask that
records of state telephone calls be maintained fo.r mare than a
week. It has a public invitation to do so from the state agency
which has charge of the records. Comm.ission m.embers, whose broader
mandate is seeing to clean government, should nat be wringing their
hands aver whether they are technically authoriz.ed to make what
l"J:!UJ.d..
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s.p.ea."=.· .Ql.!t a.g.a-i.ns-t .p.r.:i!l1.tt.tz.e.s-.,...pgl!-.~i.e.s· .!j!,n.Q..tz.or;~•.Q~HZ.t that .a.r.e s.t.\al:!}'- .o.r~~hit
.c.o.r.r.~!:Pt i.n ·.g.tnt.e.r.r.!.me..r.!:t., .o.r .an~tthi.r:tg that .f.a.cil!.tates .o.r .cov.e.rs .u.p
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.11!2 i..ght is. all t.he~t n.e.e.o_.
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.r.ec.or.ds..,. has. a.b.r..u.p:t!y...ti.ha..~.g2.d. i.ts.. .p.oli.qt. .r:.e.g.a.r:ding ..k:e.e.pin.g . .r.e.c.or..o.s .
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.r.er.:.o.r..ds. for. .a:t le.a.st .a . .mo.n:t-.117 .. :!..:t i.s. !l.Jl.~L .ctes:t.r..oy..i.n.g . .the!! ..after. .onl~t
.a..w.e.~:L.
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.r.ec.e.n.t ·.us.e ..of. tJ1e .r..eco.r.cts . .to..u.n.c.oY.e.r. .et.l:!i.cal .a.r.u:! ..p.e.r.Jsps. le.g.al
.pr.o.t:!le.ms. in. .state .g.oY.e.r..n..tte.!'J.t__ Lila !l..E.kL .p.oli.cy...w.ill .Mly. to.o .
.o.!JY.i:o:u.sl~'- .!!!a..~..e i..t ha.r..d.e.r. to ..!.!..t:!.t.:.oY.e.r. s.u.CJ':!:. .nt..a.t:te.r.s: Lr:!. the fu.tu..r..e_
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.G.a.r..qt_ .M.al!..r.:o ..and . .s.o.me .of. .hi..s ..e.mplcw.e.es_.. TJ1e .r..e.co.r.ds . .al.s.a..help.e.d .
.~ttor.:n.e~~..G.e.ne.r..al Dan . .Mo.r.ales . .a...l'ld. fe.d.e.r.al .offi..c!.al.s. .ma.lt!: the .cas.e .
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Ca.n!miS.s.:ttHi~
t.:DirJ.c.id.ent~T a.11.d.
a!'! ac.c.id.en.t o.f ti!!!.in.g.::.
e:tet:itti 'lE! d.ire.c.to.r o..f ttt..e
(;~:~n.eral
Ser'!ic.es.
l!!!iii:.!:t ~J~ep.s. .s.ta.te. telep.hun.e rec.o. r.d.s..,. r.:lai.I!!.S.. d.es.tr.o.}!ing.
ttte. r e m.r !is. q..ui c.~.!}! ! s.. a: c.!lS. t,- .s.a'! i ng. me as.ure _
17
�PAGE
(
C.!:tr.an.ic1~ 7 !'l..a~
Tne Ho.u.s.to...rt
2Clr 1992
Ttt.a. t !!a}! b.e c..o..r rec.t,. b.tl t it is.. i r. r-eleYa.n L T!:tis. is. a. c..a..s.e
c.o.,s.:t -- it is. no.t la.r.g.e -- is. se~o.nd.a.r}! to. ~o.nes.t go.vern!!et:tC
~ner.e
It is. in. th.e p.u!:!lic. in.teres.t to. K.eep_ th.es.e records. fo.t lo.nger
p.erio.d.s:,. to.. PfO.V.ide s.ufftcien.t tinte to. ferret out tnis!.,!.se o:f p.uttli.c:
res.o.urces.,
Ttt,ere is. re3.s.o.n ta s.•.ts.pe<;..t th.at th.e dec..is.it.l-tt is. ct.riven mo..s.tl}!
tl}! p.o.l.itics. an.d a fear o..f e~p.o.,s.ure o..f. ~ts.deects... S.tat.e agenc.~ h.eact:s.
anct their emplo.~ees. nave b.e~.;.am.e fearful oJ ~hat a revie~ of tn.eir
teleptu~n.e rec!;!rd.s !ltight rev-eal,
·
Tttose rec.orct.s. enable a tne Hous. ton ChroJ!.i c.le· to. uncover
abuse and ~is.use of state telephones anct
state resatn·ces. at the General ~am! Office PY ~aru:! Cpmmiss.ioner
Sarry Mawro· and some of his employees. .B. Chroni~le revie~! of the
re~or!'Js !n!!i~atet:! that Mawro ant:! some of his. empl-oyees nat!
camp;ign.~a for Ogmo~ratic pre.sif!enttal ~~nl:filtate Eil-1 Clinton '-!.Sing
state t.e!ephongs on .state timg. The Travis Co!,mty ~i.strict attl!n'H?Y
significant political
i~
·~
invPc.-tin::.ting·
f""~o- ~·'
T .... , . , . ....
th~t
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c:.itll~tinn
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in- =~"'.,..,~ 1 ... .nff'tr'P fnr nnc;c:.ih11::1
.... ,. M;:111r.n c: . . "' . . ~.,... ·~
r~""'t~ .... ~"'!""r-
Yi.Olation of t!'t.:E! la~. Haa the.se phone re~on:!.s pg,en !:!P-.stroyP-!l aftP-r
a ~J.eek., there woJJl.f! !J.e litt:Le· eviaen~e· fpr··tt~.e· ·o.~ ··to ·g-o on·.·
onl~'
T~lPn·hnn~
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J}::ll'l·
Mrlr-::.lP~·
,..,.,.... ,.,.,..,..,__
.and· fe.deral- offi-!:i:a!:s· '":a~:E the ~ase that.· u~-s~·: Di·.stri·ct :J~H:!QE :James·
N.o!<J-:U-n· of. .b:w,sti-n· had· !-!!!proper contacts· with· state leg-i-slators·
corH:ernt-n!l the re!'J-1-stri~ti-ng- of the .state Senate.-· T!'!at res'-'-lted·· i-n·
Nnw.l.i.n. ~, ,..,,_ -..!8,.,. ........... _ ....
-.,_ l'\c:1nr.in\~l'lrt. nf .fudnP ....- ..... - •... hu:. thP 1::\..t.n-. r:i.r.r.u.i.t· r.rmr.t nf.
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~n- t rev-erse thi·.S·
_,.
m-i-sdeeds·.-· H t!'!e General Serv-i-ces- Comm-is·S·tP!'!:·
cov-er-wp· for the fl.!t~!-re ,.. then· the Leg-i-slature .S·hOLL1!1·...
LANG.UAGE;. ENEL!-SH·
1. nAn· .... nlln::....Mnr.~:. ""~u. 'H... t,.Q.,.Q, 2
--·· -·· .. - ... - ..... r·:,.., - ' '
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1: - 48· OF 9!l STORIES·
r.nnurd.nht. 1,.Q,·9·Z ThP Hnu.c;.t.nn. r.nr.nn.i.r.:J.p ·-·--..\ h.i..nn. f.'nMn~nu.
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Chron-i-cle
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1.1~ il.nt. TN~: .. Nc:~w..
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DATELINE;.. AUST!·N .
Rnnv.: .
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AUSTIN··--· State
~'"',
offi-ci~ls· n.o~. w-1-11 qtrt~~ly destroy. the ~-i·ndn:r: ---r··-··- r.c:t~nr.ri~- 1'8•r-- hc:~1.nprl. :.f,. •••:~ - , __ ,_, - - i!.J~P c:. - , ..... ,_,,_
-· tc:~l~nhrmc:7 , _..,.._, ,_ .. t:fr;::tt. ··--r-- "-r.i.nn. :a. f,rtc:~r.:a:t. _.. 1-o::.:i- 1-. ,r.c:tpr.t.m.:arlrt.
;::tnrl. r.crV.r;73,i.f,:l'rf, nnl~i-t.i.r.::a'l. ;:ak~tc:-P ~ . . ,...,.-'7 J;pnpr.;:al. __ ,,._ ~·, ----··:..: . ~~- --- r--· ...... ,.._ -u--- :at.. thP --~·-, - - l.::mrt. O.f.f.l'.r.p ..
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rnmm:i.c:.c;:i.nn. h::u1.
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~~~-
~prv.i.r.-l2C:-
!jes-tro~1 ed· records· of !!leal ~al·!s· made from.. state telephones- a· mrmth·
after the calls- !~re made... Eil-t !::O!!!!i·S·.S·i·!m· E~ec!.!-tf·ve Dt-rect!!r John·
Pouland· sa-i·d· the recor!fs- now.. M-!-11 !Je ctestr!llyed· wee~ly- as- a·
!:ast-s:av-ing- meas·w re ...
ff. t.h::at: ,.. ....... . . , .. h::u"'. hPPn. f,J:'t, f"' _,..,_ ..... " ..... ,.,..- ... --:::.,.., twn. 11-i-ghT.u...
.... ,..,.,._,_ nr\1.i.r.u
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pu-!:lli-!:i·z.ect- i-n.stans:e.s· o·f mi-s~on:du-s:t bY· publi-c· offi-~i-als· mi-ght r.ot
d!av-e been· rev-ea~d·...
~
.,.-~
~
17~
"'
Tel~·phone re!mrds· helped· TE~as- Attorne~t- General Dan- Mor-ales·
f.prfpr.::a!- rtf-fl'-r.:f.;:al.c:.. 1\'l:lkP t.hP r."::l~P t.n;;~.t: f.f.. .!:: ... O.i.c;.t.r.t.~t..--1-:::~~,... .J::I.I\t.PC::!nrlnp --··.. -~,.~
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··rr---- r-r· """"-··- -o-··,. . .
i-n· the- u~-s~ . S!.tpre~e Co!.!-rt ordering· ne-w. electi-ons·
this· ~~-ear •· .s- state Senat-e pri-mari-es-...
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-- . ,_,,_
state lana·. off!.!re by ramm-!-s-stoner Garry- Mauro· and-
some of !1-i-.s·
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The Trav-i-s· CoL!·nty· d·i·s-tri·ct attor-ney. i·S· i-n¥esti-gating· MaL!·ro_. S·
offi~e for posst!Jle ~ri·rni·nal vi-olati-ons·.-·
Pou-lanr!-- sa-i-d· the ne~- sy-stem- of lo~al telep!"Jme re~onl
retenti-on- was· develope!!- to· sav-e t!'lg .s-ta·te ~ne~'· QY· !.!·.S·i·ng- less·
camprt-tP-r t.apE... He also- sa-id· a- neH-· state telephone s~~-s-te!!· reql.!-·i-res-.
mon~ r:omp~Jter data· spa!:e,.. 1~h-i-~h· i·s- obtatned· tw del!:ti-ng- lll!lal
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1
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�PAGE
Propri-etary-. to- the Un·it!Ed· Press- !·nterna-tt-unal,-· Ma-n:n· i-!l,-· 1·9et6·
cdntri-!:n.!ti·ons· to· ma~.e hi-mself
f.rfgnd.s· and· others· in· seeMng·
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don-• t believe contrHmti·mns- of. that s·i·z.e a-re healt!w- for our poli-ti·cal S·~t-s-te.m-,-·
and· pa-rtl.y. t!ecalls~ a~~epti-ng- them. !>m!.tl!!· let Sha-rp· off the noo~· i·!'l· te.rms· of. h·i·s·
refw-sal. to· comply- ~!-tnt the reforms· that ! an!!· tl~tl· other Dema~-ra-t!·C· oppommt.s·
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�.-------------------------------------------------c-------------.
PAGE
1'
LEVEL t - t OF 1 CASE
I
6RE6'oRY A. WITHERSPOON, Relator, v. JOHN POULAND, Respondent
WITHERSPOON v. POULAND
No. 05-9'0-00063-CV
Court of Appeals of Texa·s, fifth District, Dallas
~,;•''ft~;:--:;~·>·,
·<\:;.s,ul_t,, r; 0.,
/~'<:--
··r( ·\~.
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·~
784 S.W.Zd 951; 1990 Te·x. App. LEXIS 594
February. 8, 1990
PRIOR HISTORY:·
[**11
ORIGINAL PROCEEDING FOR WRIT OF KANDAMUS, Dallas County, Texas.
COUNSEL: ELIOT D. SHAVIN, for Relator.
JOHN POULAND, PRO SE.
~of ~d(U..UA.S
is~
JUDGES: Baker, Rowe and Burnett, J.J.
OP I NIONBY: BAI<ER
OPINION:
(*9511
OPINION
This is an original mandamus proceeding by which relator, Gregory A.
Witherspoon, seeks to compel the respondent, John Pouland·, Cha.ir of the Dallas
County Democratic Party, to place relator•s name on the Democratic Party primary
ballot for the position of Dallas County Democratic Party Chair ..
[*9521
In his petition and at oral argument, relator alleged that he·
timely filed his application with respondent se~king to have his name placed on
the ballot as a candidate-for the office of Dallas County Democratic Chair in
accordance with the provisions of section 52~003 of the Texas Election Code. n1
Relator received a letter from respondent dated January 12, 1990, rejecting
relator•s application on the ground that "probable cause exists to believe that
said application contains a false oath •. " By letter dated January 17, 1990,
relator requested respondent to state in writing the speci fie reasons for the
rejection of relatorrs application. By letter dated January 18, 1990, respondent
informed relator 1;hat it was well-known that relator [**·2 J was a follower of
Lyndon LaRouche. Respondent further stated it is well documented that Lyndon
LaRouche advocates the abolition of the democratic form of government which now
exists in the United States. Respondent •s determination was that relator could
rtot, consist~nt with relator's well-known support of Lyndon LaRouche, support
the laws and constitutions of the State of Texas and the United States and that
support of the laws and con~titutions is a requisite for candidacy under the
Democratic Party Bylaws. Respondent•s conclusiorr was that relatorrs oath of
support in his application was untruthfr.tl.
- - - - - - - - - - - - - - - - - -Footnotesn1.
Code.
~
- - - - - - - - - - - - - - - -
TEX. ELECTION CODE ANN. (Vernon 1986), hereinafter referred to as the
_EXIS®R NEXIS®($~
�(
PAGE
2
784 S.W.2d 951, •952; 1990 Tex. App. LEXIS 594, **2
- - -· - - - -End Footnotes- - - - - espondent does n--ot deny that relator timely. filed his application in
accordance with the Code provisions. Respondent alleges, however,. that relator s
petition. should be dismissed and asserts three grounds: cH there are fact
disputes which require rel.a.tor to first seek judicial relief in the district
court; (Zl the documents relator submitted with his petition for mandamus are
not properly authenticated;· and (31 relator r s petition is fatally defective
because it does not comply with the requirem~nts of [••31
rule 121 of the
Texas Rules of Appellate Procedure.·
1
Respondent first contends that this Court is without jurisdiction because
there exists disputed fact questions. See West v. Solita, 563 s~w.Zd 240, 245
CTex. 1978>. Respondent concedes that relatorrs application contains his oath to
support the constitutions and laws of both Texas and th.e United States. However,
respondent asserts that he has determined by independent investigation that
relator supports LyndonLaRouche who espouses principles contrary to the
Constitution of the United States. Respand·ent contends that the validity of
relatorrs oath presents a disputed fact issue which requires a judicial
determination. We disagree. What this Cou-rt is called upon to determine is a
legal question, that of whether respondent was clothed with the power to raise
and determine an issue of fact by controverting the allegations contained in
relator's application and then deciding the issue sa raised. This is nat a
situation of a disputed fact issue. We reject respondent's contention that we
ar~ without jurisdiction because of disputed facts. See Baker .v. Porter, 160
Tex. 488, 333 S.W.Zd 594, 595 (1960>; Ferris v. Carlson t58 Tex.
E•*4l 546
314 S.W.Zd 577, 579 (1958); Parker v .. Brawn,. 425 S.W.2d 379, 381 CTex .. Civ.
App-.--Tyler 1968, orig. proceeding~; Ramsey v. Marlowe, 376 S.W~Zd 438, 439
(T'ex. Civ. App.--Tyler 1964, O·rig. proceeding).
Respandent 1 S .s.econd ground for dismi-ssal is that the documents relator
attached to his petition are nat properly authenticated·. Respondent relies upon
Wright v·. Valderas, 575 S.W.Zd 405 <Tex. Civ. App.-Fart Worth 1t;78, orig.
proceeding), as authority for this assertion. In w.rfght,. it appears that the
relator did not attach any exhibits to her petition far mandamus except an
affidavit of a deputy district clerk. there were no authenticated copies of
court orders~ a docket sheet, certificate, or even a letter in explanatitin far
the trial court 1 s action for which the complaint was raised. Also, in ~right,
there were no affidavits by the relator in support of her allegation of the
trial courtrs improprieties. The Wright court held that the facts needed to be
supported by authenticated copies of pertinent papers from the district or
county clerks, certificates of court officials including the judge, and
affid·avi ts i.n veri ficatian
[•9531 of material facts made a part of [**51
the petition and of the exhibits desired to be considered as evidence. See
Wright, 575 S.W.Zd at 407. In this case,. relator swore to the petition
personally. Relator swears that every factual allegation contained in the
petition is true and correct. The petition recites that a true and correct copy
of his application to respondent is attached as Exhibit '1 A" and that a copy of·
respondent r s rej'ection letter is attached as "Ex hi bit 11 !!. If
Supporting documents must be certified or sworn to. TEX. R. APP. P.
121 Ca) C2) CCL Wright v. Valderas,. 575 S.W.2d at 407. Respondent only general;I.y
asserts that the documents are not properly authenticated. He does nat challenge
relatoi 1 s sworn petition, which alleges that the exhibits are true and correct
�PAGE
784 S.W-2d 951, •953; 1990 Tex.
App~
3
LEXIS 594, **5
copies. Additionally, we note that Exhibit 11 C8 attached to respondent's sworn
response i.s the same exhibit as relator's Exhibit "B." We hold that relator's
exhibits are verified to the extent that they comply with Texas Rule of
~?~;~ !~~~::~~~~~~~ -~;~ia~~~~~i} 19~~~--~~:~~ ;;o~~!~~~~~; ~~~n~~~-~~ ~~~he~~~.
1
S.W.Zd 11'., 12 nex. App.--Houston [1st Dist.J 1983',.
Wright, 575 S.W.Zd at 407.
[**61
orig. procie:dlng>;
/<
' 1.~ 0
4/~
In respondent •s third ground for dismissal, he conten·ds that relator\·;
petition is fatally defective because it does not comply with Texas Rul~--8f
Ci vn Procedure 1Z1 Ca) <2> <C>. Respondent argues that relator •s petition f.ails· to
set· forth in a concise and pos-itive manner all facts necessary to establiSh
relator's right to· the relief sought. We disagree •. In our view, the petition
does comply with the requirements of the rule. See TEX. R•. APP. P. 1Z1 ta> CZ> (C).
We overrule respondent's motions to dismiss.
We now consider the merits of the controversy. At oral argument, respondent,
for the first time, raised the claim· that because relator sought a party office
and not a public office, the provisions of the Ele.ction Code did not preempt the
Democratic Party rules and his actions in enforcing those rules •. Respondent
relies upon section 161.001 of the Code which provides that a political party
retains all of i t.s inherent p-owers except as limited by the Code. Respondent
arg~es that because this section permits a party to retain all of its inherent
powers, this permits the party to adopt its own rules ancr further permits him as
Democratic Chair to enforce those rules without being
Dallas County [**7]
subject to any statutory standard established by other portions of the Code. We
disagree.
Respondent's interpretation of section t61.001 fails to take into account the
fact that it pr6vides that a party retains all its inherent powers nexcept as
limited by.the Code" femphasis added~. Additionally, section 163.003 provides
that the rules adopted by a political party must be consistent with state law.
In our view, party ru1es and the actions of party officials must be consistent
with and limited by the provisions of. the Election Code and other applicable
statutes. We hold that respondent's performance of his duties as Dallas County
Democratic Party Chair in enforcing the laws of the State 6f Texas and the rules
of the Democratic Party are subject to the provis tons of the Election Code,
including section 145.003 regarding the eligibility of candidates for nomination
on the primary ballot.
Respondent asserts in this proceeding that relator's disquali ftcation is
proper because: £1J the oath taken by relator in his application is inconsistent
with other facts--that is, because relator is an alleged. follower of the beliefs
of Lyndon [••81 LaRouche, relator's oath that he will uphold t:he
constitutions and laws of the State of Texas and the United States is false; and
(2) that respondent has reason to· believe, based on relator's conduct, that
relator will refuse to support the Democratic Party's nominees.
The grounds asserted by respondent as the reasons for relator's ineligibility
for a place on the ballot must be reviewed in light of the provisions of Code
section 145.003. Section 1'45.003£f) provides that a candidate may be declared
ineligible only if: <1) the information on the candidate's application
[•954J
for a place on the ballot indicates that the candidate is ineligible
for the office; or £2) facts indicating that the cand'idate is ineligible are
conclusively established by another public record. Respondent does not assert
""~<
.
~
?J
~
'
�.--------------------------------
784
s.. W.2d
(
PAGE
4
951, ·•954; 1990 Tex. App. LEXIS 594, **8
that relator •s appii cation contains information that indicates that· relator is
ineligible. There is no dispute that relator's application is in proper form and
contains the information required· for applications by Code section 1'41.031.
Consequently, section 145.003Ef> fH does not apply.
The issue is whether the facts allegedly relied uport by respondent that
relator is ineligible were conclusively
[+*91
established by another public
record. Attached to respondent's pleading· are three exhibits upon which
respondent relied and which he contends· conclusively establish the fa.cts that
relator ·is ineligible. Exhibit "A" is a memorandum which was prepared at
respondent's own direction. This memorandum states that relator is a well-known
supporter of lyndon LaRouche and that LaRouche's philosophy holds for the
abolition of democracy in the United States. Therefore, be.cause relator is a.
LaRouche adherent, the oath that he took on his application is untrue and
relator is ineligible for a place on the Democratic Primary ballot. Attached to
respondent's memorandum are copies of pages of a biography of Lyndon LaRouche
authored by Dennis King. The other exhibit relied up-on by respondent is a
photocopy of an article contained in the Saturday 1 January 13, t990 edition of
the Dallas Murning News.
Respondent argues that section 145.003(cl of the Code empowers him as
Democratic County Chairman to declare a potential candidate ineligible if other
facts establish ineligibility. Respondent argues that facts inconsistent with
those alleged on. the application cannot be ignured and that it is entirely
appropriate [**101
for the ballot pl,.acement authority to inqu.i re into those
facts. In support of his action and· as authority therefor, respondent relies
upon Hayes v. Harris County DeMocratic Executive Committee, 563 S.W.Zd 884· CTex.
Civ. App.--Houston [14th Dist.J 1978, orig. proceeding}, and McClelland v.
\DEl
Sharp, 430 S.W.Zd 518 CTex. Civ. App.--Houston· [14th Dist.J 1968, orig . . ~~s
'17"";-1
1
proceeding J. Respondent S reliance on these authorities is misplaced because
<~
those cases are distinguishable from the case before us.
(i0<"
Q
r-
7J c;')
It is true that section 145.003(f) CV provides that a candidate may·.~
declared ineligible if facts indicating that the candidate is ineligible{-are
conclusively established by another public record. Under such circumstan~es,
election officials may not ignore those facts. Hayes, 563 S.W.Zd at 885;
McClelland, 430 S.W.2d at 5ZZ. However, the rule is that election officials 1
charged with the duty of certifying names to properly appear on the ballot, have
no authority td inquire into facts dehors the record. Garcia v. Carpenter, 525.
S.W.Zd 1.60, 161 nex. 1975); Weatherly v. Fulgham, 153 Tex. 481, 271 S.W'.ld 938,
940. (1954); see also Fe~ris v. Carlson, 314 S.W.Zd at 579.
[**111
Unless the
facts relied upo.n for disquali fi.cation are conclusively established by another
public record, the election official is w-ithout. authority to rely upon them.
Garcia v. Carpenter, 525 S.W.2d at 161; Weatherly v., Fulgham 1 271 S~W.Zd at 941.
In Hayes~ the act of disqualification was the candidate's- felony conviction.
This fact was conclusively established by public record by the judgment of
conviction. In McClelland, the facts for disqualification were established by
the public records of the prospective candidate's voter regist.rati.on for two
separate years and his voting record in three different elections. These public
records conclusively established that the prospective candidate was ineligible
fa~ the office that he sought. In our view, the "records~ relied upon by
respondent to conclude that relator's oath was false are not those' kinds of
public records contemplated by the Code. We hold that the docum.ents relied upon
by respondent are not public records and do· not conclusively establis.h facts ·
;a
;
'
�PAGE
5
784 S .. W.Zd 951, *-954; 1990 Tex. App. LEXIS 594, **11
that relator· is ineligible to apply for a place on th.e ballot for the position
of Dallas County Democratic Party Chair. Absent public records clearly
establishing relator's E**1ZJ
ineligibility, respondent had no power to go
behind the recitals in realtor's
[*9551
sworn application and make
determinations contrary thereto with respect to relator's oath. See Garcia, 525
S.W.Zd at 161; BaKer v. Porter, 33J S .. W.Zd at 595~
Respondent •s s·econd ground for ineligibility is th.at he had reason to
believe, based upon relatDr 1 s conduct, that relator will refuse to support the
party's nominees. A request made under Code section 141.031 for a place on a
party primary ballot imports· a present g·ood faith intention of affiliating with
the party. See Cantrell v. Carlson, 158 Tex. 5Z8f 3t4 S.W.2d 286, 288 (1958}.
Past or present words or conduct may open that inten~ion to doubt and question.
However, party officers and executive committees may not decide the issue
against the candidate and upon so d·eciding refuse to place his name on the party
primary ballot. Cantrell, 314 S.W.2d at 288. The power to pass on the sincerity
of the candidate's pledge and to endorse or condemn hi·s· past party record is to
be ex.ercised by the pa:rty voters. Love v. Wilcox, 119 Te-x .. 256; 28 S.W.Zd 51-5,
525 (1930>; see also McDonald v. Calhoun, 149 Tex. 232,. 23t S.W.2d 656 <1950).
Because [**1.31
respondent. had no authority· to inquire into facts outside the
record, and because relator was eligible under the applicable Code provisions,
it follows that relator has shown a clear. legal right under the requirements of
the Code to have his name placed u.pon the Dem.ocratic Party Primary ballot for
the position o.f Dallas County Democratic Party Chair. Cantrell v. Carlson, 3'14
S.W.Zd at 288; Weatherly v. Fulgham, 271 S.W.2d at 941. The writ of manda~us as~
(\~\prayed' for will· issue·.
'
·Because of the short time between the rendition of our order and the date for
printing and distribution of th.e official ballot, no motion for rehearing will
be entertained .. Ferris v. Carlson, 314 S.W.ld 295, 298 <Tex. Civ. App.--Dallas
1958, orig. proceet:ringl; Sterrett v. Horgan, 294 S.W.2d. 2.01, 205 <Tex. Cf.v6Ef:"~
App.--Dallas 1956, no wriU.
R:-<::,.5\
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�P'A"GE
tEVEL:.. i' - t· CASE
-
T. GREGuRt· A-.. wiTHEi~S~OON"; Relator, v .. J6fiN·· fiOtiLANTr; R~spondent, NO.
os-9n~ooo6·s~cv·~ court of A·ppea:rs of Texas, FiftH o·tstrict, Dallas, ?8·4· s·~w-~z-o··
9s·r-; t991l rex. App. LExrs·· 59·4·,
F'eoruary e··, t99u.·
_EXIS~ NEXIS®\$~
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COLLECTION:
Clinton Presidential Records
Counsel's Office
Reynolds, Stacy
OA!Box Number: 10375
FOLDER TITLE:
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Dana Simmons
2006-0454-F
ds259
RESTRICTION CODES
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�PAGE
1
LEVEL 1 - 1 OF 2 CASES
GREGORY A. WITHERSPOON, Relator, v. JOHN POULAND, Respondent
No. 05-90-00063-CV
Court of Appeals of Texas, Fifth District, Dallas
784 S.W.2d 951; 1990
~ex.
App. LEXIS 594
February 8, 1990
R HISTORY:
[**1]
'INAL PROCEEDING FOR WRIT OF MANDAMUS, Dallas County, Texas.
lSEL: ELIOT D. SHAVIN, for Relator.
JOHN POULAND, PRO SE.
GES: Baker, Rowe and Burnett, J.J.
:NIONBY: BAKER
rNION:
(*951]
OPINION
This is an original mandamus proceeding by which relator, Gregory A.
therspoon, seeks to compel the respondent,~~~~~~~~~i[~hair of the Dallas
ounty Democratic Party, to place relator's name on the Democratic Party primary
1llot for the position of Dallas County Democratic Party'Chair.
[*952]
In his petition and at oral argument, relator alleged that he timely
iled his application wit'h respondent seeking to have his name placed on the
allot as a candidate for the office of Dallas County Democratic Chair in
.ccordance with the provisions of section 52.003 of the Texas Election Cod~. n1
:elator received a letter from respondent dated January 12, 1990, rejecting
:elator's application on the ground that "probable cause exists to believe that
said application contains a false oath." By letter dated January 17, 1990,
relator requested respondent to state in writing the specific reasons for the.
rejection of relator's application. By letter dated January 18, 1990, respondent
nformed relator that it was well-known that relator [**2]
was a follower of
Lyndon LaRouche. Respondent further stated it is well documented that Lyndon
LaRouche advocates the abolition of the democratic form of government which now
exists in the United States. Respondent's determination was that relator could
not, consistent with relator's well-known support of Lyndon LaRouche, support
he laws and constitutions of the State of Texas and the United States and that
support of .the laws and constitutions is a requisite for candidacy under the
Democratic Party Bylaws. Respondent's conclusion was that relator's oath of
support in his application was untruthful.
nl.
Code.
- - - - - - - - - - - -Footnotes- - - -
~
- - - - - - -
TEX. ELECTION CODE ANN. (Vernon 1986), hereinafter referred to as the
- - - - - - - - - - - - - -End
Footnotes~
- - - - - - - - - - - - - - -
j
j
j
j
j
j
�PAGE
2
784 S.W.2d 951, *952; 1990 Tex. App. LEXIS 594, **2
espondent does not deny that relator timely filed his application in
rdance with the Code provisions. Respondent alleges, however, that relator's
.tion should be dismissed and asserts three grounds: (1) there are fact
mtes which require relator to first seek judicial relief in the district
:t; ( 2) the documents relator submitted with his petition· for mandamus are
properly authenticated; and (3) relator's petition is fatally defective
1use it does not comply with the requirements of [**3]
rule 121 of the
~s Rules of Appellate Procedure.
Respondent first contends that this Court is without jurisdiction because
re exists disputed fact questions. See West v. Solito, 563 s ..W.2d 240, 245
x. 1978). Respondent concedes that relator's application contains his oath to
•port the constitutions and laws of both Texas and the United States. However,
;pendent asserts that he has determined by independent investigation that
.ator supports Lyndon LaRouche who espouses principles contrary to the
lstitution of the United States. Respondent contends that the validity of
later's oath presents a disputed fact issue which requires a judicial
termination. We disagree. What this Court is called upon to determine is a
gal question, that of whether respondent was clothed with the power to raise
d determine an issue of fact by controverting the allegations contained in
later's application and then deciding the issue so raised. This is not a
.tuation of a disputed fact issue. We reject respondent's contention that we
:e without jurisdiction because of disputed facts. See Baker v. Porter, 160
~x. 488, 333 S.W.2d 594, 595 (1960); Ferris v. Carlson 158 Tex.
[**4]
.546
l4 S.W.2d 577, 579 (1958); Parker v. Brown, 425 S.W.2d 379, 381 (Tex. Civ.
?P·~-Tyler 1968, orig. proceeding); Ramsey v. Marlowe, 376 S.W.2d 438, 439
rex. Civ. App.--Tyler 1964, orig. proceeding).
Respondent's second ground for dismissal is that the documents relator
.ttached to his petition are not properly authenticated. Respondent relies upon
'right v. Valderas, 575 S.W.2d 405 (Tex. Civ. App.--Fort Worth 1978, orig.
,roceeding), as authority for this assertion. In Wright, it appears that the
:elator did not attach any exhibits to her petition for mandamus except an
1ffidavit of a deputy district clerk. There were no authenticated copies of
=ourt orders, a docket sheet, certificate, or even a letter. in explanation for
che trial court's action for which the complaint was raised. Also, in Wright,
there were no affidavits by the relator in support of her allegation of the
trial court's improprieties. The Wright court held that the facts needed to be
supported by authenticated copies of pertinent papers from the district or
county.clerks, certificates of court officials including the judge, and
affidavits in verification
[*953]
of material facts made· a part of [**5]
the petition and of the exhibits desired to be considered as evidence. See
Wright, 575 S.W.2d at 407. In this case, relator swore to the petition
personally. Relator swears that every factual allegation contained in the
petition is true and correct. The petition recites that a true and correct copy
of his application to respondent is attached as Exhibit "A" and that a copy of
respondent's rejection letter is attached as "Exhibit "B."
Supporting documents must be certified or sworn to. TEX. R. APP. P.
12l(a)(2)(C). Wright v. Valderas, 575 S.W.2d at 407. Respondent only generally
asserts that the documents are not properly authenticated. He does not challenge
relator's sworn petition, which alleges that the exhibits are true and correct
copies. Additionally, we note that Exhibit "C" attached to respondent's sworn
�PAGE
I
784 S.W.2d 951, *953; 1990
Tex~
App. LEXIS 594, **5
I '<
3
I
,?;;;::
~S\DE.f.v'l;
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response is the same exhibit as relator's Exhibit "B." We hold that relator's
exhibits are verified to the extent that they comply with Texas Rule of ·
\~
Appellate Procedure 12l(a)(2)(C). See Smith v. Caldwell, 754 S.W.2d 692, 693-94
(Tex. App.--Houston [1st Dist.] 1987, orig. proceeding); Johnson v. Hughes, 663
S.W.2d 11, 12 (Tex. App.--Houston [1st Dist.] 1983,
[**6)
orig. proceeding);
Wright, 575 S.W.2d at 407.
In respondent's third ground for dismissal, he contends that relator's
petition is fatally de~ective because it does not comply with Texas Rule of
Civil Procedure 12l(a)(2)(C). Respondent argues that relator's.petition fails to
set forth in a· concise and positive manner all facts necessary to establish
relator's right to the relief sought. We disagree. In our view, the petition
does comply with the requirements of the rule. See TEX. R. APP. P. 12l(a)(2)(C).
We overrule respondent's motions to ?-ismiss.
We now consider the merits of the controversy. At oral argument, respondent,
for the first time, raised the claim that because relator sought a party office
and not a public office, the provisions of the Election Code did not preempt the
Democratic Party rules and his actions in enforcing those rules. Respondent
relies upon section 161.001 of the Code which provides that a political party
retains .all of its inherent powers except as limited by the Code. Respondent
argues that because this section permits a party to retain all of its inherent
powers, this permits the party to adopt its own rules and further permits him as
Dallas County [**7]
Democratic Chair to enforce those rules without being
subject to any statutory standard established by other portions of _the Code. We
disagree.
Respondent's interpretation of section 16;.001 fails to take into account the
fact that it provides that a party retains all its inherent powers "except as
limited by the Code" (emphasis added). Additionally, section 163.003 provides
that the rules adopted by a political party must be consistent with state law.
In our view, party rules and the actions of· party officials must be consistent
with and limited by the provisions of the Election Code and other applicable
statutes. We hold that respondent's performance of his duties as Dallas County
Democratic Party Chair in enforcing the laws of the State of Texas and the rules
of the Democratic Party are subject to the provisions of the Election Code,
including section 145.003 regarding the eligibility of candidates for nomination
on the primary ballot.
Respondent asserts in this proceeding that relator's disqualification is
proper because: (1) the oath taken by relator in his application is inconsistent
with other facts-~that is, because relator is an alleged follower of the beliefs
of Lyndon [**8]
LaRouche, relator's oath that he will uphold the
constitutions and laws ·of the State of Texas and the United States is false; and
(2) that respondent has reason to believe, based on relator's conduct, that
relator will refuse to support the Democratic Party's nominees.
The grounds asserted by respondent as the reasons.for relator's ineligibility
for a place on the ballot must be reviewed in light of the provisions of Code
section 145.003. Section 145.003(f) provides that a candidate may be declared
ineligible only_if: (l) the information on the candidate's application
[*954]
for a place on the ballot indicates that the candidate is ineligible
for the office; or (2) facts indicating that the candidate is ineligible are
conclusively established by another public record. Respondent does not assert
that relator's application contains information that indicates that relator is
WJC LIBRARY PHOTOCOPY
�--------------------
------- - - - - - - - - - - - - - - - - - - - - .
PAGE
784 S.W.2d
951~
4
*954; 1990 Tex. App. LEXIS 594, **8
ineligible. There is no dispute that relator's application is in proper form
contains the information required for applications by Code section 141.031.
Consequently, section 145.003(f)(1) does not apply.
and/;,~\/ -,1 .
/<?.<!:-
~(
tI';.'>
/0
The issue is whether the facts allegedly relied upon by respondent that
~~
relator is ineligible were conclusively
( **9)
established by another public,")
·record. Attached to respondent's pleading are three exhibits upon which·
\0
respondent relied and which he contends conclusively estab.lish the facts that
'\.
relator is ineligible. Exhibit "A" is a memorandum which was prepared at
respondent's own direction. This memorandum states that relator is a well-known
supporter of Lyndon LaRouche and that ·LaRouche's philosophy holds for the
abolition of democracy in the United States. Therefore, because relator is a
LaRouche adherent, the oath that he took on his application is untrue and
relator is ineligible for a place on the Democratic Primary ballot. Attached to
respondent's memorandum are copies of pages of a biography of Lyndon LaRouche
authored by Dennis King. The other exhibit relied upon by respondent is a
photocopy of an article contained in the Saturday, January 13, 1990 edition of
the Dallas Morning News.
Respondent argues that section 145.003(c) of the Code empowers him as
Democratic County Chairman to declare a potential candidate ineligible if other
facts establish ineligibility. Respondent argues that facts inconsistent with
those alleged on the application cannot be ignored and that it is entirely
appropriate (**10]
for the ballot placement authority to inquire into those
'facts. In support of his action and as authority therefor, respondent relies
upon Hayes v. Harris County Democratic Executive Committee, 563 S.W.2d 884 (Tex.
Civ. App.--Houston [14th Dist.] 1978, orig. proceeding), and McClelland v.
Sharp, 430 S.W.2d 518 (Tex. Civ. App.--Houston [14th Dist.] 1968, orig.
proceeding). Respondent's re~iance on these authorities is misplaced because
those cases are distinguishable from the case before us.
It is true that section 145.003(f)(2) provides that a candidate may be
declared ineligible if facts indicating that the candidate is ineligible are
conclusively established by another public record. Under such circumstances,
election officials may not ignore those facts. Hayes, 563 S.W.2d at 885;
McClelland, 430 S.W.2d at 522. However, the rule is that election officials,,
charged with the duty of certifying names to properly appear on the ballot, have
no authority to inquire into facts dehors the record. Garcia v. Carpenter, 525
s.w:2d 160, 161 (Tex. 1975); Weatherly v. Fulgham, 153 Tex. 481, 271 S.W.2d 938,
940 (1954); see also Ferris v. Carlson, 314 S.W.2d at 579.
(**11]
Unless the
facts relied upon for disqualification are conclusively established by another
public record, the election official is without authority to rely upon them.
Garcia v. carpenter, 525 S.W.2d at 161; Weatherly v. Fulgham, 271 S.W.2d at 94i.
In Hayes, the act of disqualification was the candidate's felony conviction.
This fact was conclusively established by public record by the judgment of
conviction. In McClelland, the facts for disqualification were established by
.the public records of the prospective candidate's voter registration for two .
separate years and his voting record in three different elections. These public
records conclusively .established that the prospective candidate was ineligible
for the office that he sought. In our view, the "records" relied upon by
respondent to conclude that relator's oath was false are not those kinds of
public records contemplated by the Code. We hold that the documents relied upon
by respondent are not public records and do not conclusively establish facts
that relator is ineligible to apply for a place on the ballot for the position
WJC LIBRARY PHOTOCOPY
�PAGE
784 S.W.2d 951, *954; 1990 Tex. App. LEXIS 594, **11
of Dallas County Democratic Party Chair. Absent public records clearly
establishing relator's (**12]
ineligibility, respondent h~d no power to go
behind the recitals in realtor's
[*955]
sworn application and make
determinations contrary thereto with respect to relator's oath. See Garcia, 525
S.W.2d at 161; Baker v. Porter, 333 S.W.2d at 595.
Respondent's second ground for ineligibility is that he had reason to
believe, based upon relator's conduct, that relator will refuse to support the
party's nominees. A request made under Code section 141.031 for a place on a
party primary ballot imports a present good faith intention of affiliating with
the party. See Cantrell v. carlson, 158 Tex. 528, 314 S.W.2d 286, 288 (1958).
Past or present words or conduct may open that intention to doubt and question.
However, party officers and executive committees may not decide.the issue
against the candidate and upon so deciding refuse to place his name on the party
primary ballot. Cantrell, 314 S.W.2d at 288. The power to pass on the sincerity
of the candidate's pledge and to endorse or condemn his past party record is to
be exercised by the party voters. _Love v. Wilcox, 119 Tex. 256, 28 S.W.2d 515,
525 (1930); see also McDonald v. Calhoun, 149 Tex. 232, 231 S.W.2d 656 (1950).
Because (**13]
respondent had no authority to inquire into facts outside the
record, and because relator was eligible under the applicable Code provisions,
it follows that relator has shown a clear legal right under the requirements of
the Code to have his name placed upon the Democratic Party Primary ballot for
the position of Dallas County Democratic Party Chair. Cantrell v. Carlson, 314
S.W.2d at 288; Weatherly ·v. Fulgham, 271 S.W.• 2d at 941. The writ of mandamus as
prayed for will ·issue.
Because of the short time between the rendition of our order and the date for
printing and distribution of the official ballot, no.motion for rehearing will
be entertained. Ferris v. Carlson, 314 S.W.2d 295, 298 (Tex. Civ. App.--Dallas
1958, orig. proceeding); Sterrett v. Morgan, 294 S.W.2d 201, 205 (Tex. Civ.
App.--Dallas 1956, no writ).
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The Houston Chronicle, September 5, 1992, Saturday, 2 STAR Edition, A; Pg.
34, 386 words, State agencies chose only 15 black vendors, JO ANN ZUNIGA; Staff,
Texas
1.
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�.i
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1
LEVEL 1 - 1 STORY
1.
The Houston Chronicle, July 6, 1992, Monday, 2 STAR Edition, B; Editorials;
Pg. 6, 380 words, COVER-UP AT WORK; Lawmakers now need to preserve state phone
records, Staff, Texas
WJC LIBRARY PHOTOCOPY
�PAGE
2
1ST STORY of Level 1 printed in FULL format.
\
Copyright 1996 The Dallas Morning News
THE DALLAS MORNING NEWS
November 6, 1996, Wednesday, HOME FINAL EDITION
SECTION~
NEWS; Pg. 38A
LENGTH: 631 words
HEADLINE: Republican Sessions beating Pouland;
GOP candidate declares victory, but Democrat refuses to concede
BYLINE: Sherry Jacobson, Staff Writer of The Dallas Morning
oil
BODY:
Votes in southern half
of district may be key
Republican Pete Sessions declared victory Tuesday night after mainta1ning a
comfortable lead over Democrat John Pouland in the 5th Congressional District
race.
With almost 62 percent of the votes counted in the 11-county district, Mr.
Sessions was leading by 53 percent to Mr. Pouland's 47 percent.
In his victory speech before hundreds of cheering Republicans, Mr. Sessions
said he will "continue the revolution that was started two years ago" when his
party took control of the House and Senate.
He promised to work for a balanced budget and to maintain Social Security and
Medicare .
.-.r(P.·t:~rg;.r~t~8Il·~~~~~~i~~~~1H~~*~~~ii·~~g·f·t®~li~I,~~f~~xi1·~~g~t~£~~?~i~£~.iri~t:~s_,.
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ariybo'dy'~nd ~t:neff'<.::~nike"S;'up~'tomofroW ·morning and find out I I ve won.
II
Mr. Pouland said he was-waiting until results arrive from the southern half
of the district in hopes of balancing his loss in Dallas County. With almost
100 percent of those votes counted, he was down 56 percent to 44 percent.
Signs of an apparent Sessions victory came early as 59 percent of the early
voting in the 11-county district went to the Republican.
John Marlow, campaign manager for Mr. Sessions, predicted that it would be
difficult for Mr~ Pouland to make up that.5,000-vote deficit in votes from the
more heavily-Democratic lower counties.
The 5th District includes parts of Dallas, Kaufman and Brazos counties and
all of Henderson, Anderson, Freestone, Limestone, Leon, Robertson and Madison
counties.
WJC LIBRARY PHOTOCOPY
�·,
PAGE
3
THE DALLAS MORNING NEWS, November 6, 1996
.
.
This was Mr. Sessions' third bid for a seat in Congress and his second
attempt in the 5th District. Two years ago, he lost by less than 3 percent of
the vote to Democrat John Bryant, who did not seek an eighth term.
i~>.ii{rh,_et, . Pc:tJ1~~LJ~.~publican
•was .. clearly helped .bY ,.the
redrawing-,,of·::.:t:he_,.,:.Sth··'"""~-:<-.
pist:r,i._9~~:~"-_.!?£g!},9:?-F~~'~, .. ,~.J1 .. ~'ll,~:U,.~t,. w~i?:l:l: ~ffective1y wiped out ~-many '6f'"the votes
:t:,hat.. .pushed ;,MJ:' •....B.~ya:pt .to -vJ.ctory J.n 1994 .
.
..
.
:
;·.·,
Democratic strongholds in Pleasant Grove and Garland were replaced by the
solid Republican territories in the Lake Highlands, Lakewood and White Rock Lake
neighborhoods.
Mr. Sessions said he did not think the change was a
was "grossly ahead" of Mr. Pouland at that point.
~erious
factor because he
"The margin of victory that we got now is the nice part," he added.
The district's Democratic majority wa~ reduced from 55.3 percent to 51.5
percent. The redistricting forced the race into a special election, but the
41-year-old retired Southwestern Bell manager says he was able to spend a lot of
time going door-to-door in the new area.
Mr. Pouland's campaign spent an estimated $ 525,000 compared to more than $
900,000 by the Sessions campaign, a quarter of which went to his primary win
over former Dallas city council member Glenn Box.
The special election campaign was marked by acrimony on both sides. .;Mf':·
~q,~~~R~~~pc~§§2: . :;~<~::§~~~~:?s of.misl.c;tbeling. his campc;ign ~o~t:r;i.,~J.It:i,g_ns .and
:'~~t~~~Ti~~f~~~:'l'~~~~SB~~B~~<~Wf~~§fi~f~~,118J&ig~:~~~~J.on r1ghts . J.n. -1991· .and ,,
.
',•'•.
.. . .
.
GRAPHIC: PHOTO(S): 1. Pete Sessions .. (COVER) (2. DMN: John F. Rhodes) Republican
congressional candidate Pete Sessions rushes from TV interviews on Electon Night
to another meeting at the Fairmont Hotel. He was leading his Democrat John
Pouland, with 'almost 62 percent of the vote counted.
~<S\DE:;:~·:..._,,_
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WJC LIBRARY PHOTOCOPY
�8
4TH STORY of Level 1 printed in FULL format.
Copyright 1996 The Dallas Morning News
THE DALLAS MORNING NEWS
October 30, 1996, Wednesday, HOME FINAL
SECTION: NEWS; Pg. 31A
LENGTH: 495 words
HEADLINE: Sessions calls donations troubling'
labor union
Pouland defends money given by
BYLINE: Sherry Jacobson, Staff'Writer of The Dallas Morning News
BODY:
fl:.tt~~Oistr.ict_ pppgi;",e§!:)iOll~);;,\_C;::_;;_t;n.g:i,c:tcrt;~:"?eJ:e _S~ssions
joined
R~pu:J:>licans
ac.Ep~~:~!;7.~_gurtcy;:·t:ni~week-'•~n,criticizing-:~-oeinocr&1;·§_::'~F/~/~;:~q_~§p£:lngr!Cainpa.i,~
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- --~.'i~ifi?.',~:\~ '~;r~~--.
- ~ .:~. §§s§i,:pri'sc.r~;;.,: op!icnje;n:ti-).ii;; Democ~q~_~,_Y,phm;oPoulqJ1d I-_,·. has,.: accepted:;;$, ,_5 ,_o 0 9 'from a
otfti"'6aif~gc::tron122onfutlt~~~aeF£ancfi"e:lri.~s~iti~¥Ira:-t:·ronai+tinron::-o·:f~;lfo~tli~~America '•
tfi
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t:R~:;
::E:i-ect:id'~t·coliiii5~I~r1
Mr. Sessions calledthe contributions "troubling" in a statement released
Tuesday. He called the group "not your normal labor union" because "it is
controlled by organized crime."
~MJ:~;;;:Poulan:d~defend.·e-d.it_Ji.§ij~:¢'9_1)_:\::J.::ipution, . -!1~1~ :of. :wh:!..ch.-·-_· i:i,r~i,ved.LJ.a..s:t::, week,
insist~d-.,:.th~.t:d;ne:::union.:h•:f$: ):)eert
·to rid .. 'i:t_self' o~; any, c_orrupt1ori_: ,
worklng
·"--······-·.... _.·_, ..... ·· ...:..·: ..
~~~n.;.-;;.!:.i>.'.l'f·•·~-
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and
~
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E;_1,J.pif§ft7"ine-:·.:·a:·r-e::":;_t):l,_~,:o-9fies~.:who . ·work~-down·· here"':ana~oaiely.·
,.,;t~;;/..•<o!-. .. ._.~
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t~9.'":!J.s:Pl.c.e:~ Department-;·- accordl.ng~-to•-a-· 1994~ complaint'~~__$1.East~~r, the un1.on agreed
-to•:cwork with the department to try to rid itself of any illegal activities,·
officials said.
·
"Voters must ask, What did Mr. Pouland have to promise to receive his $ 5,000
from this labor union?' "Mr. Sessions said.· The union "has been infiltrated at
all levels by corrupt individuals and organized crime figures who have exploited
their control and influence over the union for personal gain to the detriment of
the union."
·
In response, Mr. Pouland criticized Mr. Sessions for taking$ 40,000 from
"tobacco interests," of which$ 4,000 ca_me last week from Philip Morris'
political action committee.
WJC LIBRARY PHOTOCOPY
�PAGE
9
THE DALLAS MORNING NEWS, October 30, 1996
"It's complete hypocrisy for him to attack me," said Mr. Pouland.
like he's coming here with clean hands."
·
"It's not
In turn, Sessions campaign manager John Marlow accused Mr. Pouland of
accepting "$ 25,000 or more" to act as an Austin lobbyist for Phillip Morris.
As proof, Mr. Marlow produced a copy of a 1992 affidavit, signed by Mr.
Pouland, in which the Democrat acknowledged taking a retainer from Phillip
Mor~is, U.S.A. in a financial disclosure statement for a government job.
'
I
l
Mr. Pouland could not be reached for comment on that payment.
I
As the race enters its final week, Mr. Sessions report~d $ 836,143 in
contributions to his campaign, his second effort to win the 5th District seat.
About $ 250,000 was spent on his ·successful primary race against former Dallas
City Council member Glenn Box, said Mr. Marlow.
·
I
~~~~t~r~~~~~~J~~~~--}~~~~~~~\'t
LANGUAGE: ENGLISH
...
LOAD-DATE: November 1, 1996
WJC LIBRARY PHOTOCOPY
�6TH STORY of Level 1 printed in FULL
fo~mat.
Copyright 1996 The Dallas Morning News
THE DALLAS MORNING NEWS
PAGE
38
I
February 23, 1996, Friday, HOME FINAL EDITION
SECTION: EDITORIALS; EDITORIALS; Pg. 20A
LENGTH: 466 words
HEADLINE: ENDORSEMENTS;
Chapman is best choice to challenge Gramm
BODY:
Since early voting in the primary elections is under. way, The Dallas Morning
News is presenting its readers a series of recommendations of the most qualified
candidates.
This newspaper hopes that these endorsements, based on candidate
interviews and research, will help our readers in scrtinizing the candidates.
.
I
.
There is still adequate time for voters to listen to t~e candidates, study
the issues and go to the polls with a be~ter understanding of what will be at
stake.
·
I
Today, we are endorsing candidates for Congress in the :Democratic primary.
U.S. SENATE
Democrats should nominate Rep. Jim Chapman to face Sen. Phil Gramm in
November's Senate race. A former East Texas district attorney, Mr. Chapman has
served in the U.S. House since 1986. The word "moderate" is used over'and over
to describe the Sulphur Springs Democrat. He takes pride in working on both
conservation issues and balanced budgets. Some East Texanf also note his
devotion to constituents.
Yes, Mr. Chapman had a rendezvous with infamy, appearing on lists about
legislators who take congressional junkets. But Democrats'should not ignore his
practical mindset. Never flashy, Mr. Chapman cites his abtl~ty to work with
Republicans and Democrats. That's important. He has provided admirable
teamwork with other elected officials on issues ranging from base closings to
mass transit funding.
Mr. Chapman's campaign is statewide, making a play for
votes from the Valley to the Panhandle.
U.S. HOUSE District 5
Dallas lawyer John Pouland is the most qualified Democrat to compete for
retiring U.S. Rep. John Bryant's seat . . The Democratic raqe, however, is not
sharply contested. The real race comes in November, when Mr. Pouland will face
a GOP nominee .
. ,~_Mr... l'oula_nd.,Fi~rJ.•running-~ as~a. m6derate', ·, pledgin~/ "to eliinin'at_e _the.. ;_,Co:tnrilei-ce. and
......
... , ...
.. .. ,..........
. . ,. ...... -.•:): :.··.·.:--· .· -,·
.: .. ,__ .·...
..
-:.-:_.··,:·--·.. · :
.... ·-· ·--....;_·.,; .. --.... '
{t~r~_;:gy.::il D.epartll\~fi.t§::~ g:t_nq;~ _$_tipt>ot:t?', _t~Pl1 _111111 ~~ ~ '· \But the forme~· General s ervice·s ·
Administration regional director also has been a Dall(iS. :pe11l()~~Ci;tic: C()\.l:rl:tY.<:. .
chairman and protege of incumbent John Bryant. ·His: sharply:: :y;fartisa:ri backgrol.uld
,}~~B-~§.§§:;,qg~~tions:,_about .. whet~er, h7•·· act~_c=!J~t~~~?~lct-be a· mo~e~a~e. r~P,b~~~ritative·~
but pr1mary·.'--'::.>--- •.. · .• ' --- .... should g1 ve h1m the: chance to:" prove h1s. posl.t:J.ons. .
y:oters
. -.:':., .....
.
-· ..
..
~
:··;;,~JP~··m,
,~~~7·::=::
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:
WJC LIBRARY PHOTOCOPY
�I
I
I.
I
PAGE
39
THE DALLAS MORNING NEWS, February 23, l996
I
District 6
Janet Carroll Richardson is the recommended Democrat c9mpeting for this Texas
congressional seat. She will be running up a steep hill come November, given
· incumbent GOP Rep. Joe Barton's stature.
'
!
I
But Ms. Richardson is developing a reputation ~or her television work, hav.ing
produced the acclaimed "Unsung Heroes" series. The show Q.epicts ordinary people
affecting their communities. Ms. Richardson believes this experience gives her
insight into local needs. She has held no previous effie~, although she has
worked with Democratic politicians for some time.
~-'·
/~~S!Uf:.f/j:..
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LANGUAGE: ENGLISH
/~
~
LOAD-DATE: February 24, 1996
·0
(1
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11
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:J:;
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'
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WJC:LIBRARY PHOTOCOPY
�--------------------------.-------------------.
'
i
8TH STORY of Level 1 printed in FULL format.
Copyright 1995 The Dallas Morning News
THE DALLAS MORNING NEWS
I
December 30, 1995, Saturday, HOME FINAL EDITION
SECTION: NEWS; Pg. 29A
LENGTH: 594 words
HEADLINE: List of congressional hopefuls grows Ex-Democratic chief Pouland will
seek Rep. Bryant's seat
i
BYLINE: Lori Stahl, Staff Writer of The Dallas Morning News
BODY:
Former Dallas County Democratic Chairman John Pouland confirmed Friday that
he will run for the 5th Congressional District seat being 'vacated by U.S. Rep.
John Bryant.
"Barring something unforeseen, I will_be announcing in ~ustin on_Tuesday,"
Mr. Pouland said.
I
His comments, just days before Tuesday's primary filing! deadline, put an end
to speculation about whether local Democrats would field even one candidate to
succeed Mr. Bryant, a Dallas Democrat.
! -
I
I
I
Dallas City Council member Chris Luna said Friday that he is still undecided
about whether to run for the seat.
1
Mr. Bryant, who has represented the district for 12 years, is running in the
Democratic primary hoping to unseat Texas Sen. Phil Gramm ~n the November
general election.
The prospect of an open congressional seat in Dallas caught some Democrats
off-guard because they expected Mr. Bryant to seek re-election. His 11th-hour
announcement prompted a flurry of activity among potential:Democratic
successors.
'
Campaigning has already begun in the Republican primary:contest for the 5th
District. Businessman Pete Sessions, who garnered 48 perc~nt of the vote when
he challenged Mr. Bryant in 1994, will face former Dallas City Council member
Glenn Box in the GOP primary.
-
. _J~p*;:;""-P.9ll-~~J~<;l ~.;~,~J::,~~9.J.C?.~,~~f~~~~j.,§_~$.2:SJ;,fs>,~.- the_- Gen~ral
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;t serv:t,_ng.iLe:p:; _ et; G],:tnt()J} ._ ~dm:tn:ts,trat:ton appo1ntee based ~__l n F()rt:- Worth • _,
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:._ a'bk:n'owf'Efag~d;;gtliatfr:Ine~fias~-ibeen~~renting a house :in- Fort worth during _the past _
-·- Y._ea.:r"~;;::~-i3u:C::tw~-:-~~ai'O.~B:;e~·rr~~fl:fe't.im§E-5th:~-nistr~fctf~r~sident;.wlia~·weiit~:t:o-high -' t
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7
He said that he wants to run an issues-oriented campaigd, focused primarily
on balancing the federal budget and campaign finance refer~.
WJC liBRARY PHOTOCOPY
�PAGE
41.
THE DALLAS MORNING NEWS, December 30, 1995
I
. ~ .-:·~····:~
_!:!e~ supports ~.~!F9.~9.:~JX~.:.~ . t.erin · lim~ ts- and~ s;aig.,,.~-~2~:;~_1_ budget-cu:t::t~r_s . shc:mlp. be
_ca:t.efuL,_that-they:,donlt,.hurt~thE:!_·mq~t, .. vulnerable .. Amerl.can~.,·~-~.tli<?_~glb.Q§!:".l:S.,~:"
. Clint-on· appoirrfee /.he . sa,id.J)~. won!t: be· overly loyal· tb· the-.
. - •·' -;c:: ··.
wh~:te-
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.
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I
•
,U,:£! ~Bye. W_C)rk.ecl· W~!Jl~,,t!J..;,eJ'f•,~~,.i!fJ_gJ~~!;ion:~,,~nd :I_-_'_Y.il_! b~.-· a; bac:~e:r~&~~~:the ·.. ,
ao4'J,l}J.,§.~r.et.fpn~· W:heifi~· I'~agr·eg!twitfi-:-Ftn·em· ,'" Mr. '·P6tilaoo:>t~said .,.,;,,,} 1 ~~-t,;_""::I;.~:.Yli lE be:··
independent:" ·
·
on Friday, Mr. Luna said he was checking to see whether he would be forced to
resign immediately from the council if he files for ¢ongr$ss on Tuesday. He
said it would be unfair .to leave his council district wit~out representation
indefinitely.
"That is theonly thing that's keeping me from havingdecided two weeks ago
to run," said Mr. Luna, who said he is "getting unbelieva~le pressure" to enter
the race.
:
A Republican leader said it appears that the best qual~fied Democrats have
already passed up the race.
"With Pouland, basically the name -identification is very low," said Dallas
County GOP Chairman Bob Driegert. "I doubt if he can rai~e the money. I don't
consider him to be a very serious threat to our people. s.andy Kress would have
been much more formidable."
I
Dallas school board President Kress, who like Mr. Pouland is a former
chairman of the local Democratic Party, ruled out a bid ea:rlier this month.
I
He was considered by some to be· the most formidable Democrat because of his
visibility on the school board and because he has a campaign war chest of
roughly $ 175,000 left over from an aborted bid for the 5th District six years
.
I
ago.
I
Jake Fuller, a political consultant to Mr. Luna, said ai contested primary
could offer Democratic voters a choice.
GRAPHIC: PHOTO(S): John Pouland.
. i
LANGUAGE: ENGLISH
LOAD-DATE: January 1, 1996
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20
LEVEL 1 - 120 OF 217 STORIES
Copyright 1996 The Dallas Morning News
THE DALLAS MORNING NEWS
July 21, 1996, Sunday, HOME FINAL EDITION
SECTION: NEWS; Pg. 29A
LENGTH: 1495 words
HEADLINE:. Party platforms don't unite all;
Battle for votes can.prompt candidates to ignore planks
BYLINE: Douglas Holt, Staff Writer of The Dallas Morning News
BODY:
Platforms give the party faithful a chance to make ringing pronouncements
that sketch out broad philosophy. But several candidates for Congress have
backed away from parts of the state Democratic and Republican parties' newly
written platforms.
I
The differences between the party line and some Dallas-area candidates
involve such thorny issues as abortion, affirmative action, the minimum wage and
religion in schools.
'
I
'
Analysts say it's not unusual for office-seekers to ignore platforms. That's
because, unlike platform-writers, candidates must battle for votes whe're most
votes can be found: at the political center.
Still, the platforms are useful in rallying the troops and "trying to keep
alive what the common agenda is," says Bruce Buchanan, professor of goyernment
at the University of Texas at Austin.
State Republicans, at their convention last month in San Antonio, adopted a
platform that includes a call for a constitutional amendment banning a.J;>ortion.
The platform does not contain the phrase "except when the mother's physical life
is in danger," the exception that was included in the 1994 state platf<j>rm.
'
State Republican Chairman Tom Pauken said the rewritten language reflects no
shift; the exception is assumed, he said.
Still, the change makes some Republicans uneasy.
"If, hypothetically, the Republican Party adopted a platform that·made no
exceptions for abortion, that position is not supported by maybe more than 10 to
15 percent of the general voting population," said Rep. Joe Barton, a :12-year
incumbent Republican from Ennis who was re-elected with 76 percent of the vote
in 1994.
1
I
Platform writers, he said, "may have been so committed to that one particular
issue that they don't look at the broader view of actually trying to win
elections and then govern."
Janet Carroll Richardson, a Democrat and production company executiv~ from
Keller who is challenging Mr. Barton, said she has questions about her party's
state platform, too.
WJ C LIBRARY PHOTOCOPY -
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THE DALLAS MORNING NEWS, July 21, 1996
'
"I think a lot of political activists in both parties become out of touch
1
with real people," she said.
The state Democratic platform supports a woman's right to abortion. Ms.
Richardson backs abortion rights but doubts that government money should pay
the procedure.
"Platforms aren't a real big deal to me," she said.
Other congressional candidates are looking to distance themselves f;rom some
planks in their party platforms.
Pete Sessions, the Republican nominee in the 5th Congressional Dist'rict in
I
Dallas, declined to discuss his views on a proposed constitutional amendment to
outlaw abortions. He said he would not take a stand on it because it was
unlikely to reach a final vote ~n Congress.
"It never will come out of a committee, and there never will be such a vote,"
said Mr. Sessions, a former phone company manager.
He said, however, that he would support legislation to allow abortions in the
case of rape or incest or to save a woman's life.
i
'
on the plank that would outlaw birth control for minors, Mr. Sessio~s said he
opposed the distribution of condoms at school. But making it illegal for minors
to obtain them is "not something I would propose," he said.
Attempts to reach House Majority Leader Dick Armey of Irving, who represents
the 26th District, .and his Democratic opponent, Dr. Jerry Frankel of McKinney,
were unsuccessful.
In the 24th District, Republican Ed Harrison, a home builder, said that on
the issue of an abortion ban, he supports an exception to protect the l+fe of a
woman.
Mr. Harrison faces Rep. Martin Frost, an eight-term Dallas Democrat who was
narrowly re-elected in 1994~
1
1
Mr. Harrison declined to.take a position on whether abortions should Ibe
allowed in cases of.rape or incest. "This is about as firm an answer as you're
!
going to get: I'm pro-life," he said.
i
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WJC LIBRARY PHOTOCOPY
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22
THE DALLAS MORNING NEWS, July 21, 1996
Mr. Frost said he agrees with most Democratic platform positions, such as
abortion rights, affirmative action and voting districts that encourage minority
Congress meffibers.
I
He rejected part of a Democratic "issue paper," adopted along withtthe party
platform last month in Dallas, that slams what it calls religiously motivated
school board "stealth candidates who, once in office, seek to implement their
agenda of dangerous intolerance."
"You can't try to impose your views to the exclusion of others," Mr. Frost
said. "But we can't discourage people from being involved in politics who
motivated because of religion."
The two parties took divergent approaches in setting their agendas·:
The Republican platform is 16 pages long and full of detailed posit ions on
more than 130 topics.
1
Among other issues, it calls for for creationism courses and prayer: in
and a denounces homosexuality as "contrary to fundamental, unchanging
truths ordained by God."
sc~ools
It is. laced with references to preventing "one-world government" - a sign of
the anti-Christ in some circles. It says the United States should pull out of
the United Nations and it calls for an investigation of groups suppose~ly
plotting world government, such as the Trilateral Commission.
Mr. Pauken, the Republican chairman, was unable to name one candidate in
Texas who supports such an investigation.
Mr. Harrison's reaction to the world-government plank was typical of other
candidates contacted last week. "I haven't read that, and I wasn't a delegate,·"
he said. "I'm not going to comment on that."
On another issue, the Texas·GOP platform says the minimum wage should be
repealed as a way to boost economic development.
Calling the Republican platform "not mushy, not mild and very direct," Mr.
Sessions suggested that it was enough to agree with the tone of the document
I
rather than share every position it takes.
He, along with Mr. Harrison, supports keeping the minimum wage, for Iexample.
"Our party is attempting to portray that we are taxpayers who are fe'd up with
the wasting of tax dollars," he said. "I'm not necessarily running on ;the
platform, but I support the direction it is going."
Democrats, chastened by heavy losses nationwide two years ago, shrank their
state party platform from 33 pages in 1994 to two pages today. It tout~
"limited government" and "fiscal responsibility."
A "Families First" agenda put forward recently by House Democrats nationally
goes along in a similar vein, calling for a balanced budget, small busi~ess tax
breaks and modest health care changes.
WJC [IBRARY PHOTOCOPY
�PAGE
THE DALLAS MORNING
NE~S,
July 21, 1996
Republicans charge that Democrat'ic appeals to "mainstream values" I are so
vague that they're meaningless.
Not all Democrats are in lock-step with their platform's supportfdr
guaranteeing a woman's right to get an abortion.
Rep. Ralph Hall, D-Rockwall, who is seeking a ninth term in a district that
voted for Republican George Bush in 1992, said he would not support a
constitutional ban on abortion but backs a "conscience clause that reflected the
views of pro...:life Democrats and Republicans." He said he considers hilnself an
abortion-rights opponent.
Mr. Hall's Republican opponent, Jerry Ray Hall of Tyler, who is no\ relation,
could not be reached. He has said decisions regarding abortion should be left
l
to the states.
In the 12th Congressional District in Fort Worth, Democrat Hugh Parmer, a
lawyer and former Fort ·worth. mayor, expressed general, but not always specific,
support for his state party's platform.
1
i
He was a speaker at the state convention in Dallas but said he hasA•t read
the platform. "I left before they adopted the platform," he said.
He expressed unequivocal support for abortion rights and said affi~mative
action has been "an effective tool." On the Democrats' "Families First" agenda,
he said, "It certainly seems to me to be the right type of approach. ,Until I've
actually gone through it, I'm not going to make an endorsement."
'
His Republican opponent, former Fort Worth Mayor Kay Granger, said \she did
not agree with her party's strict anti-abortion platform. She said he,r views on
the issue are consistent with the beliefs of many Republican women:
i
"I support state law, which bans third-trimester abortions. I do not support
tax-funded abortions, except in the cases of rape, incest or to save the life of
the mother. I support parental notification. Otherwise, I think that.!' s a
decision to be made by awoman and her doctor."
Staff writers Jacquielynn Floyd, Sherry Jacobson and Jayne Noble contributed
!
to this report.
LANGUAGE: .ENGLISH
LOAD-DATE: July 22, 1996
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LEVEL 1 - 73 .OF 217 STORIES
Copyright 1996 American Political Network
Abortion Report
November 4, 1996
SECTION: UPCOMING ELECTIONS
LENGTH: 747 words
HEADLINE: HOUSE ROUND-UP: ·cHRYSLER APOLIGIZES FOR ABORTION STATEMENT
BODY:
MI 08: Pro-life Rep. Dick Chrysler (R) last week publicly
apologized for stating, incorrectly, that St. Joseph Mercy
Hospital performs "partial-birth" abortions. The remark had come
during a debate with pro-choice '94 Dem LG nominee Debbie
Stabenow on 10/23 (DETROIT FREE PRESS, 11/1). The statement came
iri response to a question about whether the procedure should be
outlawed, even if there was no exception for a woman's health.
Stabenow argued against a ban, saying the procedure "has never
been done in Michigan." Chrysler "shot back" that a ban is
needed because it is done in MI and elsewhere. Chrysler: "In
fact, I was talking to my daughter-in-law yesterday, who is going
to have a baby on Dec. 15.· She was talking to the nurses at St.
Joseph, who said they performed them there at st. Joseph's." In
his apology, Chrysler stated: "Since the debate, I have spoken
with officials from St. Joseph Mercy and was informed that my
statement was not accurate. It was remiss of me not to check the
accuracy of the information given to me, and I apologize for the
distress my statement has caused to both St. Joe's and the people
it serves." st. Joseph's spokesperson Margo Burrage called the
apology "adequate," but the hospital ran an ad in five local
newspapers (Loven, AP, 10/31). The. ad reads: "An Open Letter to
the Community: During a recent debate, Congressman Dick Chrysler
stated he was informed that partial birth abortions are performed
at st. Joseph Mercy Hospital in Ann Arbor. This was an incorrect
statement. st. Joseph Mercy Hospital has not, does not and will
not permit elective (including partial birth) abortions to be
performed at any of its facilities" (Stabenow release, 11/1).
TX 05: Pro-choice ex-Dallas Co. Dem Party chair John
Pouland (D) on 10/31 accused his opponent, pro-life '94 GOP
nominee Pete Sessions (R), of "re-igniting" the abortion debate
i:~~~i);~·~"~e,t,~.~--··~~,1 ,~~.~~r,~-~.;,~;m.~H+·~~"'~:.-.-l?~9c:h~fr... ~.?. -,~; ~-~'?}7,.~t yg1:.~f--~ ,~.-- ...
;{::Poulan:d:•02!'He} s'<. tryl.ng;;•.to:::have;l.t':J:>oth-
ways~.::
He;
won!.t~;
.
d1.scuss •h1.s
"lt~~-~il~~~i~~it~~~J::.
bt;"Qchure,::notes.:~that ,. Sessl.ons.:·.suppq~ts.·- outlaw1.ng~,-~~
at;"tl.a;l-bl.rth"
a~1:~.::· ""~k~:l~J,~,~"~~~~~~f{~:te~:i'i:i~~reO
.legisl'at;ur __ • "'·--"·ses-sions campaign mgr John Marlow said Sessions
• ~!::J· ~ ,:r··"-~-~ ·-:-:~-;;;.',:.::~i;;J ·1~::~
•
•
·would'riot{.:comment on the brochure or the abort1.on 1.ssue
(Jacobson, DALLAS MORNING NEWS, 11/1). The seat is being vacated
by Rep. John Bryant (D), who lost a bid for u.s. Senate in the
1
.• .•
primary~
TX 09:
The NRLC on 10/25 said proposed legislation by pro-
WJC
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�.-----------------
---------
-----------------------~
PAGE
2 .
Abortion Report, November 4, 1996
life Rep. Steve Stockman (R) has been "grossly distorted" by prochoice/anti-funding challenger Nick Lampson (D). Lampson's
campaign stood by his allegation, made in a campaign mail piece,
that Stockman's bill "would imprison women and the doctors who
provide abortion services for them." NRLC maintained that the
proposal contained no provisions for criminal penalties. The
bill states "legally protected life begins at conception" and
applies to the obligation of states "not to deprive persons of
life without due process of law." A Lampson spokesman said the
language means the states "would have to file murder charges in
response to abortions" (Bernstein/Robison/ Ratcliffe/Bucher,
HOUSTON CHRONICLE, 10/26).
LANGUAGE: ENGLISH
LOAD-DATE: November 4, 1996
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WJC LI:SRARY PHOTOCOPY
�PAGE
24
LEVEL 1 - 128 OF 217 STORIES
Copyright 1996 Gannett Company, Inc.
Gannett News Service
May 30, 1996,
FINAL EDITION
LENGTH: 917 words
HEADLINE: Control of Congress may turn on open Democratic seats
BYLINE: JOHN MACHACEK; Gannett News Service
DATELINE: DALLAS
BODY:
DALLAS -- The battle for control of Congress in November may begin:
in Metroplex: the gleaming cities of Dallas and Fort Worth where
·
·Republicans have momentum and the anti-Clinton mood is still .strong.
It is here and throughout the South generally that Democrats must
hold many of the dozens of "open seats" being vacated by retiring
or resigning veteran lawmakers if they hope to win back the House,
say campaign strategists.
These races demonstrate a phenomenon that probably will be repeated
this fall in other contests for House control: Democrats running
to the right of President Clinton, Republicans trying to distance
themselves from their unpopular House speaker, Newt Gingrich.
But Republicans, sticking to their prediction that they will add
20 to 30 seats to their 38-seat majority, sense an advantage -especially in North Texas, where they are fielding strong candidates
in two "toss-up" races.
I
"We are listed as the second seat most likely to be won by Republic'ans
in the South," said Pete Sessions, running for the East Dallas
seat being vacated by seven-term Democrat John Bryant.
Sessions, son of former FBI director William Sessions, narrowly
lost to Bryant in the GOP sweep two years ago. Now he faces John
Pouland, a former Dallas County Democratic chairman, in a race
,
·heating up as a referendum on the House GOP push for smaller government
and less taxes.
In Fort Worth, former mayor Kay Granger was wooed by Democrats,
including House Majority Leader Richard Gephardt, but ended up
as the Republican candidate for the seat held by Rep. Pete Geren,
a conservative Democrat who voted with the GOP on budget issues.
Granger, who resigned as mayor in December to ·run for the seat
of the retiring Geren, is popular for leading Fort Worth's economic
revival and spearheading programs that cut the city's crime rate
in half.
"It is hard to imagine that at the starting gate that the GOP
could have found a better candidate. She's extraordinarily well
WJC LIBRARY PHOTOCOPY
�PAGE
25
GANNETT NEWS SERVICE, May 30, 1996
known, moderate, pro-choice and physically attractive," said
Geren's Democratic opponent, Hugh Parmer, another ex-mayor who
is counting on the district's strong Democratic leanings.
Democrats need a 20-seat pick-up to recapture the House they lost
in November 1994 for the first time in four decades. But. 29 of
the 48 open seats are Democratic, compounding their task. Democrats
lead in many generic ballot tests -- voters indicating their party
preference in congressional races. But nearly three-fifths of
the Democratic open seats are in the South, where GOP strength
is rapidly increasing.
i
In Texas, where the GOP .surge seems strongest, Democrats are defending
six of eight open seats. Most of those races are competitive,
said political handicapper Charles Cook.
Democrats expect to hold a South Florida seat being vacated by
four-term Rep. Harry Johnston, but face tough fights jor open
seats in Tampa and Tallahassee. And they see a way to hold one
of Alabama's two open seats despite a conservative swing to the
GOP.
I
But the Mississippi seat left open by the retiring 15-term Democratic
Rep. G.V. "Sonny" Montgomery could .fall into the GOP hands of
Charles W. Pickering Jr., a former aide to Senate Majority Whip
Trent Lott.
I
"We have got to be able to defend our open seats in Texas and
Alabama in order to get the House back," said Jim Whitney of
the Democratic Congressional Campaign Committee.
Republicans also appear to have an early advantage for California's
open seat. Republican Rich Sybert, who nearly defeated lO~term
Democrat Anthony Bielenson two years ago, faces Brad Sherman,
a member of the California Board of Equalization, in what could
be one of the costliest House races this fall.
Political strategists say they will get a better reading on the
open seat races after the dust settles from multicandidate primaries
in many states.
But in some cases, Democratic candidates already recognize they
must move toward the center or right of the political spectrum.
,,'(',~'I:.·am~ ardif'l~~~I1f.~~:ri~ii'6cra£';~j\~"said~·Po~iand;,~who.. told.,.a~gathering
2
o~:'~ith~~31i~~~it!rJ~~~"~1~€~~~!Th~'irti<-i#['i{~r~~i~~~G'o~f.~'ts't.~g;i!il
f't>:tilic:>ii;-rt~-~'O:rn~iT!~ci~i-'"~llit~''·-~~:ar~~"'~d.'f~ftrdY~~~-"~ar~x:;~~~f:{£~~~
-~Lf:~~~~1~~gr~t~~fiir~'s~a~(~xr1,-t~::-~::··:·~-~:,·.~·"·""'':, . ,~J?J?.........••- .•. P......
But Sessions said Pouland, who quit as Clinton's regional administrator
of the General Services Administration to run for the House, is
a traditional Democrat who favors government action to solve America•si
problems.
WJ C :LIBRARY PHOTOCOPY
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26
GANNETT NEWS SERVICE, May 30, 1996
"He says 'get rid of all those people' (in federal agencies),
but his party is universally opposed to that," Sessions said.
"He may say things in a conservative way, but the words are very
much government-oriented."
Granger is among GOP moderates trying to both distance themselves '
from Gingrich and the GOP House agenda, while shoring up their
conservative credentials in other areas.
"People want fiscal responsibility, a balanced budget and welfare
reform, but they want to do it in a compassionate way," she said.
But Granger, who as mayor advocated gun control, has moderated
that a bit -- telling the National Rifle Association she supports
repealing the ban on certain assault weapons. While it was touted
as a anti-crime measure, she said, banned weapons are used in
less than 3 percent of crimes.
"I don't agree with the NRA that no weapons should be banned,"
she said. "It's just that crimes in Fort Worth aren't committed
by grenade-launchers."
.
LANGUAGE: ENGLISH
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LEVEL 1 - 80 OF 217 STORIES
Copyright 1996 The Dallas Morning News
THE DALLAS MORNING NEWS
October 30, 1996, Wednesday, HOME FINAL EDITION
SECTION: NEWS; Pg. 31A
LENGTH: 495 words
HEADLINE: Sessions calls donations troubling'
labor union
Pouland defends money;given by
BYLINE: Sherry Jacobson, Staff Writer of The Dallas Morning News
BODY:
Fifth District congressional candidate Pete Sessions joined Republicans
across the country this week in criticizing Democrats for accepting campaign
contributions from a labor union that they allege has ties to organiz~d crime.
&~~~'f§g)i_~~a!~1;:Q'pj?.oQ'EID_~aM!llci_:~:~~~;,~6§if~~!'~iiC;i:ii[J5.~~Y:~a£""¢~p!ed,;:; $}\_S-fOOd::~:t:orf.o~1.
f;if:-·oliticaFactrcsit~'2ommTiteel'6.f]E"Lanoi~r-·•:s~;,tn€~'rriational!~u-ru:.on-6ffN~~~~f~~~
rit~a~~t411~1~t.~tif~mtflf£~n!~t:r£~a1'~1ffin~t~~~ii.~t~f~[cr~r:~j·:to"r£::~t:~~rf~t~~,
·-·- ,_,._.
~~~t-WP~-~~~~~~1i~~J~)i£:,
Mr. Pouland defended the contribution, half of which arrived last week, and
insisted that the union has been working to rid itself of any corrupt~on.
"The union has cleaned up its act," Mr. Pouland said. "The laboreis who
support me are the ones who work down here and barely earn minimum waQe."
The 400,000-member union has been investigated extensively by the U.S.
Justice Department, according to a 1994 complaint. Last year, the uni.on agreed
to work with the department to try to rid itself of any illegal activi'ties,
officials said.
1
"Voters must ask, What did Mr. Pouland have to promise to receive h is $ 5, 000
from this labor union?' " Mr. Sessions said. The union "has been infiltrated at
all levels by corrupt individuals and organized crime figures who have: exploited
· their control and influence over the union for personal gain to the detriment of
the union."
I.
In response, Mr. Pouland criticized Mr. Sessions for taking $ 40,000 from
"tobacco interests," of which $ 4,000 came last week from Philip Morris'
political action committee.
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:PAGE
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THE DALLAS MORNING NEWS, October 30, 1996
"It's complete hypocrisy for him to attack me," said Mr. Pouland. l"It's
'
like he's coming here with clean hands."
'
··==·,.,.,.-:;-:ci.i>-::e.~ ·~~---o•."f.i:7t~: ~ · .~:·' 1:~ ,:;..:. _;;;:::b; -~,~ ~;i:~~~4~.,;~:,.?1;iii>;-~~;~ii-f~;.:~~i!·'~"~ii,:.li~ ~.~~-"- <:~~•.~_,.,. :,·.:;· ·
,-
,_ ·
~-
-
In:,..turri"i'iE sessionsr-c::-ampai@iinanager,~'Johri·. Marl_ow:; accused: Mi"';·::;.t~-t-,.-. t '1';-.~;;-... ~'l..l·_::. ... ~.. -.
~oularid: of:;_~:.,
1 • ~ r..:\!, .;:~""'""?"'l'::::-::•.::t.•.f,"'!,:.\:),~"......l~~ ..
__-:"'.. ~'
.
at;:c.epting•"-!'$'~ 25"; 000: 01;. more"_ to· ac:t ·as. an Austin ·.lobbyist-- for- PhilliP. Morris •
.--~_-;..,.-~.,:;..':."", .. ,.;~~:...-~·-·. ~-:-·-··.· ........ r-:-.~;..-. .... ,-:'"
.-· •. :: .. • - . .'··
r
.:MJ: proof~ · Mr .•,, MarlQ.IIl produped a: copY. C?,f ..a~~], ~9,~ ~;f ;d~y~1: ,,li.~;gne..c;L.l,>y, MJ::~ _
,
.
-' _. ,_
.
.• .,.,. •.
...
..
,~~'P_o,ill~d;:· iri;whicli'.the. Demqt;:rate;acJtriowledged·\ taking·. ·a'.re~ainer\ frc)m;·Pnil:t:tip
~.. .-:... 4~rrtif~~l:-:t'~$~~~-.. :;<~--;--·--·
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Mr. Pouland could not be reached for comment on that payment.
As the race enters its final week, Mr. Sessions reported $ 836,143 ~n
contributions to his campaign, his second effort to win the 5th District seat.
About $ 250,000 was spent on his successful primary race against formef Dallas
City Council member Glenn Box, said Mr. Marlow.
Mr. Pouland has raised$ 459,761 in his first congressional bid
most of it since the primary, according to his campaign staff.
and~has
spent
LANGUAGE: ENGLISH
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lOTH STORY of Level
1
27
printed in FULL format.
Copyright 1992 The Houston Chronicle Publishing
The Houston Chronicle
•
•
I
May 19, 1992, Tuesday, 2 STAR Ed1t1on
SECTION: A; Pg. 1
LENGTH: 675 words
HEADLINE: New policy shreds state telephone records weeklt
BYLINE: R.G. RATCLIFFE, Houston Chronicle Austin Bureau; ~taff
DATELINE: AUSTIN
BODY:
State officials now will quickly destroy the :kind
AUSTIN
records that helped bring a federal judge's reprimand
of telephone
and revealed political abuse at the General Land Office. \
det~~~~~~l\Ii~l~~~f~1~~~~~tX~S~~lf¥~*t~~~~H~~~month .
·::·~~~~~~~~il"r~~'§'?:e~,.,~~rt:~: ..f~:tL~.:•.;;.,,
~mt,afte~,i[i,tli"e~'cal:rstwere:an:ade ....,.". Bu~·cammissionr. Exec'Utive·:· Director John
'
If that policy had been in place six months ago, two highly
publicized instances of misconduct by public officials might not
have been revealed.
·
'
~~J?~~fctff,{€t~~~;J!'~l~~!~!~:~E~~~~ii~~c;;~~e~~tt·l?-~~LM,?J-:5\~~-s _
· .·.· ·
. ;~~:;~g~~t~~r~ih::l~sr~~~~~~~T:gg~£~~i~~r¥i\~~~~t~~1~i~~~t8¥~~?P~-~
potentially involved in a state Senate redistricting lawsuit.
I
The 5th circuit Court of Appeals reprimand against Nowl~n
could result in the U.S. Supreme Court ordering new electiqns in
this year's state Senate primaries .
.sir~tiJ,~.r._, G.~neraT~ser.Jices·,[:conmd·ssi()n -p:h()ne···d()'t:u~ents.~~~~~~::,l!th,~~--~.
.<,ffoust'On~~'Chronic-le;rrin-., an.: investigation of·, political;;: misl.ige· 'Q'f;;,'tlie'"·
.,.·:-t-~.t~~.~~'!.~!i_ti~t~l~~~i$s~t~~~~¥:~;.Iit~~:~~!,9:l,~~~9Jii¢.i.?..,f~!il!.~-~r;_:J:~,.,·, .· .
;_em:ei,oy~§~f~~W.r;:{.Rhen•rec()rds 1nd=!-<;:.e3.!,ed . M?-Ur<J ~nd tHe emp~oye;~~,;;:_h._a.,g,,,.;;~~\t~'''"'c'
cariip~:),gfiE;!:L for Democra.tiC ·:pr-fisTderitiaT'-C:arididate Bill-Clint'on using
·st~f_~-,~ ~~!§2D.9..D~§~,8PY':~1~t:..~ , tJme .:,_
The Travis county district attorney is investigating Mauro's
office for possible criminal violations.
(poulahd,_ said .. the. new:. system. of ... local, telephone record
:::·f,~~1~~gfi"-~~:~;:~4.~Y.~t?!l-~d''to ~-Si~y~- :thf_ s~~~: ;~~~=t,.~~~~~~~~~t;.<f }e~s .
·;;81 ~J!',~t~e
.&;~~M~il~~g~~~-+..Q;~~:n7Wll!f$.taf~te·Iephol1e~.~~-~:'7,gP';;,:p¥qu1f.~.s
·
,-<t:ncu~;~~~~~;;,·· _ut:erc<1· d.~j;_a~: s,;pac~ ,a.•.-Wl1!.Sh:i.[~~,e.;;;:c2.P-ta1nedr by2. delet1ng _
·.IC>cc;tl · · ·
,_.
t~~e-~horie-~r~:q,o~;:,g§:oc~
• .•
:
,. . ·· ·. . ·
· . ·· ·· -" ....
····
I
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The Houston Chronicle, May 19, 1992,
Long-distance records still will be kept for a month, pe said.
Pouland said nothing in state law requires his agency to keep
local telephone records. Long-distance telephone records'are turned
over to state agencies every month for billing purposes. '·
""Not only will Mauro's people not be allowed to call Mauro's
I
headquarters, they shouldn't be allowed to call anybody else's
campaign headquarters either,'' he said.
'
Pouland is a longtime Democratic Party activist who ran for
Railroad Commission in 1986 and worked with Mauro in a 1978 u.s.
Senate 1campaign. He was appointed to head the General Services
Commission earlier this year.
Morales spokesman Gray McBride said the attorney general's
office found the records useful in the redistricting case. i But he
said decisions on how long the records be kept are up to Pouland's
I
agency.
Walt Borges, regional Freedom of Information director for the
Society of Professional Journalists, questioned the timinglof the
new policy.
I
""This is sending the wrong message: "We're not going to
provide information because of what it might contain,' ' ' Borges
said. ","You have to wonder it it's being done to suppress :those
types of analysis. ' '
LANGUAGE: ENGLISH
WJC
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�PAGE
The Houston Chronicle, May 19, 1992:
LOAD-DATE: May 20, 1992
WJC LIBRARY PHOTOCOPY
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�! PAGE
10
LEVEL 1 - 195 OF 217 STORIES
Copyright 1992 The Houston Chronicle Publishing Company
The Houston Chronicle
May 20, 1992, Wednesday, 2 STAR Edition
SECTION: A; Editorials; Pg. 20
LENGTH: 498 words
HEADLINE: MISCHIEF AT WORK;
State phone records now being quickly destroyed
BYLINE: Staff
BODY:
The state General Services Commission's apparently sudden
decision to destroy records of local telephone calls made from
state offices on a weekly rather than a monthly basis is
indefensible.
These records have proven a vital tool in rooting out both
political abuse and misuse of the state's resources and facilities.
Destroying them quickly is an open invitation for more telephone
abuse by state employees.
Until recently, records of local phone calls from state
agencies were kept for a month or more. That was a sufficient
period to allow the uncovering of;,7.~~~-~~.. :ti~~s;?.;;;~-;:_=-~R:,...·:r~~.'7~--..:-.--"l'.---~~--#··- ... ___ ..,.....~-~ ---:. :;;_-:.::
two recent instances of
_
•
•
•
•
m~s..s.onduct by publ~c ofhc~als.
Z.S~!c,~!la.o.t.:;·:the~::r,~c:>r~s~~a;-.~::qE?.~~t:9¥.~d.!~~
af~·Em:. O.l1:1Y.~'Ci~\il,eek~:-~tfJf~g-§l[~£{fi_~·s9.ifpo_s·s~ble'~tQ?r'o~u~s·ut:h~-·---··
mt-;t!sWci~~€~~it?9~~a1IrS:tc'f·eciffifff'"i.~c5;ls-~~~Ii~['fli~it'i'wo
s.~£i~i.~~~£:~;~~~~~~j£E~II1?~~~,.!~.~~~~1~~~:I~7:;~s~i¥~~r··a~:IX~ii;g:·1
John Pouland, executive director of the General Services
Commission, which keeps state telephone records, claims destroying
the records quickly is a cost~saving measure.
;~~:~i~~Ef~ff~~~!~£i~~if~~~ff'5~~1i~±~~i~~~e:¥!.~~-·
It is in the public interest to keep these records for longer
periods, to provide sufficient time to ferret out misuse of public
resources.
There is reason to suspect that the decision is driven mostly
by politics and a fear of exposure of misdeeds. State agency heads
and their employees have become fearful of what a review of their
telephone records might reveal.
Those records enabled the Houston Chronicle to uncover
significant political abuse and misuse of state telephones and
state resources at the General Land Office by Land Commissioner
Garry Mauro and some of his employees. A Chronicle review of the
records indicated that Mauro and some of his employees had
WJC iLIBRARY PHOTOCOPY
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11
The Houston Chronicle, May 20, .1992
campaigned for Democratic presidential candidate Bill Clinton using
state telephones on state time. The Travis County district attorney
is investigating that situation in Mauro's office for possible
violation of the la~. Had these phone records been destroyed after
only a week, there would be .little evidence for the DA to go on.
Telephone records also helped Attorney General Dan Morales
and federal officials make the case that U.S. District Judge James
Nowlin of Austin had improper contacts with state legislators
concerning the redistricting of the state Senate. That resulted in
a rare reprimand of Judge 'Nowlin by the 5th Circuit Court of
Appeals.
Pouland's records-destruction decision has no doubt made
Austin agency heads breathe easier.. But it does not serve the
public interest. In fact, it frustrates the accountability of state
officials to the public.
This has all the smell of the Austin establishment closing
ranks to try to prevent any future embarrassment or revelation of
misdeeds. If the General Services Commission won't reverse this
cover-up for the future, then the Legislature should.
LANGUAGE: ENGLISH
TYPE:
Edit~rial
Opinion
LOAD-DATE: May 21, 1992
WJC LIBRARY PHOTOCOPY
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LEVEL 1 - 1 OF 1 STORY
Copyright 1992 The Houston Chronicle Publishing Company
The Houston Chronicle
f.
July 6, 1992, Monday, 2 STAR Edition
SECTION: B; Editorials; Pg. 6
LENGTH: 380 words
HEADLINE: COVER-UP AT WORK;
Lawmakers now need to preserve state phone records
BYLINE: Staff
BODY:
The Legislature ought to step in now that the General
Services Commission has chosen to continue its sudden new practice
of destroying records of state telephone calls after only one week.
The hurried destruction of records can only make it more difficult
to uncover any misuse of state phones by the Austin political
establishment.
Lawmakers should take the first opportunity to pass
legislation preserving these phone records long enough so that it
is effectively possible to check them for inappropriate calls made
at public expense. These records were once kept for a mont~~-~tt.
more.
1~se-rv:r.cesq::ommJ:ssro~,;,_s'*_s-Eee ~- , -i:lec~~P~~iii:sf
----·
.it'li~illlf~"<'"l't~m;:.:JJ·~loilffJto91"~~
_.
---"'~~"""""!''"~':"'Iii
""'J::o.'?)5~:;<n
_
:.:.., ______ gj~nano;an;,;:_'at:t:empt:~cto:..-.fi~P::'. ~P.Y.e_IC;.)JE~ ____ '·future~=~-&
,,~~":~~~-tt~f'a;E~~2J~p]9-:ff~J£~:.iq~~:E~!f£:Ce~'t';trieit·~'t'l£'ei~PI9:Y~~~Y.::~::\
The timing of the initial decision several weeks ago to erase
the computer tape records was surprising, and revealing. It came
shortly after the Chronicle used the records to document
inappropriate and possibly illegal use of state telephones by Land
Commissioner Garry Mauro and some of his employees on behalf of
presidential hopeful Bill Clinton. Texas Attorney.General Dan
Morales had also used the records in a highly publicized,and
successful investigation over state Senate redistricting.
The point is that these are public records which ought to be
retained long enough so they can be checked if allegations of
misuse arise. Keeping them for only one week is obviously not long
enough. The commission maintains long distance records for a month
or more. It should do the same for local calls.
~;~~BJiiiil~;1iii~lti~!~!!~~l!~~=:.
a
member of the Texas Ethics Commission, questioned Pouland about the
decision, Pouland said he would reverse the. new policy if that was
what the ethics commission wanted.
·
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The Houston Chronicle, July 6, 1992
The ethics commission subsequently decided.it did not have
jurisdiction to do anything about the records, but its chairman,
George Bayoud, said the new policy ""looks bad. '' It certainly
does. So why hasn't the General Services Commission done what its
executive director implied it would?
LANGUAGE: ENGLISH
TYPE: Editorial Opinion
LOAD-DATE: July 9, 1992
WJC LIBRARY PHOTOCOPY
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. 23
9TH STORY of Level 1 printed in FULL format ..
Copyright 1992 American Lawyer Newspapers Group, Inc.
Texas Lawyer
Dec.ember 21, 1992
SECTION:
TH~
PRODUCTS LIABILITY CLEANUP; Pg. S-2
LENGTH: 1489 words
HEADLINE:.MAUZY ECLIPSED, BUT NEW STARS COME OUT;
Detente,·Defeat Shape Austin's 1993 Look
BYLINE: BY WALTER BORGES
BODY:
Political life in Austin follows a two-year cycle, with elections prominent
in even-numbered years and the Legislature's regular sessions dominating
odd-numbered ones.· The end of 1992 closes one such cycle, giving Texas Lawyer
the chance to assess the changing of the guard in and around the capitol . .
Here's a guide to who's newly in, and wh9's on the way out~ within the public
sector of the legal profession.
·
IN
I
Bob Bullock -- The lieutenant governor used his considerable power as presiding
officer of the Senate to craft a products liability compro'mise between business
interests and plaintiffs' lawyers. And he did it before t,he session started.
What next? Walking on water? A state income tax?
Rose Spector -- 1992 was supposed to be the Year of the Wo~an in the
_
congressional elections, but the Year had long coattails ih Texas, which already
had women running the governor's office and the state treasury. Underdog Rose
Spector took advantage with a simple, effective TV ad that showed historical
photographs of Texas Supreme Court members -- exclusively inale.
Jack Hightower -- Defense lawyers and business interests rpasted Supreme Court
Justice Hightower after he cast the deciding vote in the 1990 Alfaro decision
striking down the forum non conveniens doctrine, even though he based his
decision on legislative procedure grounds rather than the merits of the doctrine
(which he favors). Although disinformation swirled about his Alfaro vote,
Hightower recovered to lead state Democratic candidates in the Nov. 3 balloting.
"Disarmament" -- The Texas Medical Association and individiial members of the
Texas Trial Lawyers Association have warred over the Texas:supreme Court since
1988. Millions have been spent by trial lawyers and doctors in 12 races, and·
the TMA has put considerable time and money into grass-roots political efforts.
But a solid, TMA backed majority on the high court, a mixed result in the 1992
races and cooperatively drafted legislation on some medi6al liability issues
have both organizations eying detente. As TMA legislative:affairs director Kim
Ross puts it: "Both us and the trial lawyers have second-strike capability, so
it doesn't make sense to consider escalating to nuclear war." One upshot: Some
officials in both organizations are exploring the possibility of finding a
centrist judge who could run in 1994 with the backing of both organizations.
Court of Criminal Appeals
Judge~Elect
Larry Meyers --
Meth~nks
the judge doth
WJC ~LIBRARY PHOTOCOPY
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·~
'/~':-...
~
Texas Lawyer, December 21, 1992
~!
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24
congra~ulc;tted inc';lmben~ oppone~t ~%tunato. "Pe/e"
concede too much. He
Benavides early, then beat h1.m 1.n Elect1.on N1.ght' s
b1.gge~t
surpr1.se ;"\'
and~·&~
Benavides, 5th court of Appeals Justice Kevin Wiggins
strict Judge
John Kyles of Houston -- These appointed minority incumbents are on their way
out after losing at the polls, but the likelihood they colild testify in court
some day about racial bias in at-large judicial elections 1 has breathed new life
into efforts to sett.le the Voting Rights Act cases by establishing single-member
districts for both the appellate and district courts.
;
'
The Texas Ethics Commission and Ronald Earle-- For Texas!legislators, there was
always a free lunch on a lobbyist's tab. Not any more. Praise -- or blame -an ethics panel of political appointees who take their oversight of governmental
ethics seriously. Their actions were reinforced by Travis County District
Attorney Earle, previously reluctant to take aggressive a~tion against ethics
scofflaws, who now takes a hard-line interpretation of the statutes.
Heard, Goggan, Blair & Williams -- The tax~collection fir~ scored a coup by
winning a five-year extension on its Bexar County collection contract before the
election. . Timing wa·s crucial because bo'!:h candidates for county judge,
Republican winner Cyndi Krier and Democrat Tommy Adkisson;· favored a competitive
bidding process rather than a rubber-stamp renewal of Heard, Goggan's contract.
1
Oscar Mauzy -- 1993's most obvious outsider was for years 'a liberal Democratic
icon in the Texas Senate and on the Texas Supreme Court He worried less about
the letter of the law than its impact on the old Democratic alliance of labor,
the poor and the powerless -- and his outspoken advocacy of their interests made
him a target of Republicans, conservatives business inter~sts and professional
associations. He freely got down in the mud with his opponents. in election
campaigns, but his defense of campaigns fueled by large political contributions
cost him clearly. Foes incorrectly but successfully pain~ed him as the target
of a -60 Minutes" probe. Sic transit gloria mundi.
·
Craig Enoch -- The 5th court of Appeals' chief justice b~ped off Mauzy in a
race that wasn't close, surprising a bunch of political consultants and
activists whose polls late in the campaign showed the oppqsite. Enoch gets no
honeymoon after he takes the high court bench in January, ;for it came to light
in the course of the campaign that he had used court personnel to help research
and draft his master's thesis and had his secretary ·write :political thank-you
notes on court time. That is under investigation by the ~ravis County district
attorney's office.
Garry Mauro -- After heading Bill Clinton's Texas campaign, the land
commissioner is hot property in the speculation about Cabinet spots. Financial
problems stemming from unwise real estate investments may :keep him at home,
however. Besides, Clinton lost Texas.
i
Parker McCullough -- The Georgetown attorney was commandi~g increasing attention
as a sidekick to House Speaker Gib Lewis until rural opposition to high...;speed
rail in his district stopped his rapid rise in its tracks.:
.
'
I
Mark Yudof -- The law dean at the University of Texas was :the hometown favorite
when the Austin campus sought a new president, but an alien academic from the
WJC: LIBRARY PHOTOCOPY
�'·~""·-.,.
:.../{.;·~5:\DEt/~/.
, a"(:"
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19 9 2
/(}f
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25
'6:,)
University of Illinois took the prize. This was previouk'Y unthinkabJre in
Texas, sort of like picante sauce from New York."
'V{
o/
Anita Rodeheaver -- Harris County's district clerk did noti~~Rg( according
to the.Texas secretary of state's office, when she reported the Nov. 3 election
results complete except in one judicial race that drew 41, 1000 write-in votes.
She forgot to say that the votes on the write-in ballots hadn't been counted for
other races, either, and the embarrassing reversal of five results made banner
headlines in Houston.
·
·
·
~[()~~.;~§~'f~fidy~·~:, -sii?~:~:iy· affe~i~fii:~~~:P~:~~i~~n..~h~lJ~i~~~I~1g~;;tt;~S~~S:2~.P---c~J:i.'t:i7aT~
.
o.ver. as __ executl.ve __....... . .:. .. ,~-..~:.'..::;:~·....-;:-,~>?C.:.s--~1":: "·:.~.:1':".1~.:·."~.7;-· General.•'' Se:rvJ.ces. Comml.ssl.on I· he
dl.rect::or of the.
__,,-c.~.~ ·-~*---:.--;··--"~·-··;·----·· -............... ~
··~······>.·· ..: ... -·.
. ¢ieqlared'-•that,.th.~,. comrnl.§~l.on .. wouldc·destroy,: state~. :r:~cords of. lg~al telephone
.;:6'~);fS"t'weekly-' to'~5'~ve;;;O-ID" computer,.,datao. Space·.-.and,,tap~'""co·stsl:·'!'~''poul'"'ifnd·~ announced
:·:t._he; aci:.J.cm' after·the'"•locax~'phone"'"recorg9:cha,d ... been·.used" to.; r~e.V:"~aJ," ~that' u·; s:';·, ··. .· ·• .
··"j:).;£~~£Jct.;.Judge'-'"James"' Nowlin';"of-"'··Austin~lia'(:f"l.mprop'er'~·coht.acts~·witH·~sta:t-e~-~- ,..... '
<ieg::itsfat.ors when drawing up_ a .. redistricting"·plan.,.,.,,o,,,The"· same: records had been
,.,...._.,.,:.,··t:::::....,..
~~£-~:t~.~:(:sE.~Ek;~g,~.¢t!~!.t!.~J ...}l}Y~s.t..i.9?-!:.!9JhOf-, Mauro·~ and"·his 'employees ··~Cit ~-u~ing ·
s-tat.-~::-phones''·~·a.ria"'""'sei't:e"t'ima£·:eo~crampa:igrr'' for,, clinton.
:
. · ··
actlVl.S't''~took"c
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.
.
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• · •·· ......... ,~"· : -~~r.:.::··~~.:'."'~'-":i··'_."- ,1-~.-:..,•·:~ .... -.~~:w··-~·---
.
1
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!"';"',;'"(;.•,:!:fL...•f:~~~-~-~---·~;..;<:'r'"'•••''" -~-"·•• •·•
-• •••
'
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.
I
.I
FARTHER OUT
I
Rusty Hardin -- Hardin quit his prosecutor's post in Harris
found Texas People Against Crime, a pro-law enforcement PA9
balance in the Court of Criminal Appeals. Only one of four
candidates won in 1990, and this year things got worse: All
group endorsed were beaten.
County in 1990 to
aiming to shift the
TPAC-backed
three candidates the
BEYOND PLUTO AND URANUS
The Citizen's Commission on the Texas Judicial,System
Small "d" democracy .
continues to face an assault from the state's conservative:leaders, who prefer
small ·"r" republicanism with it's greater opportunities to concentrate and
influence political power. Nothing demonstrates this bett~r than the
misleadingly named Citizen's Commission -- more than two-thirds of the 124
members are judges, former judges, lawyers or court employees -- which proposed
a scheme that would give the Texas Supreme Court chief justice unprecedented
power. The CJ could sit on both criminal and civil panels, call both panels.to
sit en bane, and would appoint the presiding judges for th~ state's nine
administrative judicial regions. The plan's originator, not surprisingly, is
Chief Justice and law czar-apparent .Thomas Phillips.
i
IN PURGATORY
John Hall, Kirk Watson, Allen Evans and Amy R. Johnson -- G'ov. Ann Richards
named Hall to head the Water Commission, Watson to chair th'.e Texas Air Control
Board, Evans to sit on the state Board of Insurance and Johnson to serve as
public insurance counsel. All appear ready to regulate, rather than expedite
the special interests of the regulated, which does not augu~ well for their
confirmation hearings in the upcoming legislative session. !Their·success in
confirmation w.ill be a test of whether the agencies they head have been
"captured" by those they regulate.
GRAPHIC: Picture 1, BULLOCK; Picture 2, BENAVIDES; Picture 3, EARLE; Picture 4,
MAUZY; Picture 5, ENOCH; Picture 6, YUDOF; Picture 7, HARDIN
WJC 41BRARY PHOTOCOPY
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Texas Lawyer, December 21, 1992
LANGUAGE: ENGLISH
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LEVEL 1 - 179 OF 217 STORIES
Copyright 1994 The Houston Post
The Houston Post
March 24, 1994, THURSDAY,
SECTION: EDITORIAL,
Pg. A30,
FINAL EDITION
EDITORIAL
LENGTH: 392 words
HEADLINE: DETERRENT TO ABUSE;
STATE SHOULD KEEP RECORDS OF AGENCIES' LOCAL CAL
With new Texas
long-distance and
routinely keeping
used to keep such
keeping them only
Agency Network (TEX-AN) equipment that can distingu~sh between
local calls, the General Services Commission plans to stop
records of local calls in the Capitol Complex in Au~tin. It
records for 30 days, but for almost two years, it has been
for a week.
In 1992, such records showed a statewide officeholder's employees ~ere
spending time on state telephones working on Bill Clinton's presidential
campaign. And recently an employee was found to be running an escort service
from his state office.
Pouland says that if an elected official or other state agency head' wants
records of his or her employees' local calls - to check on misconduct or for
other management purposes - the phone system could be reprogrammed to furnish
the information at the agency's request and expense.
He says the new phone system, which covers only about 10 percent of the state
work force, can be programmed so that it does not record the local calls. This
will save his agency time and money supplying the records to agencies.:
Long-distance calls will still be recorded and records of them furnished to the'
I
individual state agencies and the state archives.
The Post hopes members of the GSC, meeting April 26, will reject the new
plan. Local calls should continue to be recorded and, if any change is!made,
records should still be saved longer than a week.
The Capitol Complex contains the main offices of all statewide elected
officials and members of the Legislature, as well as numerous other
bureaucracies. The local-call records can indicate whether employees s~end time
politicking or doing undue ·amounts of personal business at work.
Outsiders should have access to such information - not just agency heads
making special requests to check on their employees. Those bosses woul~n't be
eager to make public abuses in their agencies •.
I
WJC !LIBRARY PHOTOCOPY
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7
The Houston Post, March 24, 1994
Continuance of.. th.e phone records may well discourage misconduct.
LOAD-DATE: August 24, 1994
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40
LEVEL 1 - 202 OF 212 STORIES
Copyright 1986 U.P.I.
April 2, 1986, Wednesday, AM cycle
SECTION: Regional News
DISTRIBUTION: Texas
LENGTH: 395 words
DATELINE: AUSTIN, Texas
. BODY:
Republican gubernatorial candidate Kent Hance said Wednesday the state Board
of Education should ''keep its hand off private schools.''
Hance said Texans should reject so-called ''relaxed standards'' fo~ private
schools that are being proposed by school board Chairman Jon Brumley 6f Fort
Worth.
''The state should not regulate private schools, period,'' he said~ ''Mark
White and his appointed state board should get the message. There canlbe no
compromise on this issue. ' '
nal information)> x x x this issue.''> The board in March tentatively
approved regulations that would have imposed many public school stand~rds on
I
private and home scnools, but Brumley said Tuesday the new rules will ;be relaxed
because of stiff opposition from some Christian education. supporters. i
I
Opponents predicted the issue would surface again after the November election
and suggested the rules were being modified now only because they threaten
White's bid for re-election.
The regulations dictate who can teach and what methods of instruct~on would
be acceptable in ~undreds of small Christian schools across the state.'
White has taken no public stand on the issue.
• 'Texas has been around for 150 years and so far we've gotten along; without
state regulation of private schools,'' said Hance. ''What's wrong with, the
status quo is ·parents are happy with the education their children are getting in
private and home schools?
WJC·LIBRARY PHOTOCOPY
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United Press International April 2, 1986, Wednesday, AM cycle
41
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In addition to the import fee, Pouland proposed an actual proration! of
natural gas production, the designation of gas pipelines as common carriers, the
repeal of end-use restrictions on gas, the co-generation of electricity and the
preservation of tax incentives for energy exploration and conservation~
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32
12TH STORY of Level 1 printed in.FULL f9rmat.
Th~
Associated Press
The materials in the AP file were compiled by The Associated Press. These
materials may not be republished without the express written consent of The
Associated Press.
I
March 6, 1984, Tuesday, AM cycle
LENGTH: 342 words
BYLINE: By JOHN DINGMAN, Associated Press Writer
DATELINE: JACKSON, Miss.
BODY:
The Mississippi coordinator for Sen. Gary Hart's presidential campaign said
Tuesday that he was asked to resign because of the controversy surrounding his
participation in a banquet honoring only white athletes.
I
"I am no longer the state coordinator," Danny Rasberry 'said. "I'm still a
Gary Hart supporter."
I
Rasberry said the Hart campaign asked him to step down ·from the volunteer
post, apparently because, he added, the controversy surrounding his activities
"wouldn't look good for the campaign."
'
-
-~~J;!_:j,~p~;;'FW~~?f~Y~L-fr~HR~?oSiiitnd·jL:v.olui;!J;.~er_ . ii..~t~ng .. 99.~rqJI?~ tor .()f_ . t~e l!_a!"t •·
ca.:' a:c·n:~ in_ "'SeVeral':: southern;;.;:st'a~~~._.~±d'l:['":Ras£err"''"~~'d'i'"cilifnoertis'er~ ,,.·-·a·oa:· ol i tical
;;~~~~!i~:!!:~;~;~f,~t~t~~~~~~~~~~~,,:¥~#:~~~·
Rasberry served as master of ceremonies at a dinner Monday night sponsored by
the Spirit of America Day Committee. The group was set up by Jackson attorney
Richard Barrett, who is known for his strong conservative views.
Rasberry said he became involved with the banquet in 19~4 when he was honored
as a high school athlete. He said he remain in the group iq hopes he could
change the group's outlook .
.···f!i~J:,~~},,~Jl~~-~;_~J:lO:::P-v~:5·..,;+ti:;,J;?,~!,1~~~~7~B~t;.i~~--s7P!il1g_;.~~"~'£!ett/s oY:~rall' c'oordinat9.:r:."..in
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.~?:,,?.,:;_:nc:i:t~,gJ.:Ve:;up"-·
h1S.'·J.ndiVJ.dual r1ghts to attend
-.:~L':')t9w;:V'~~, . h~; 'di'd :· -~~~ ~ ·u.s~~--g~gg._, ;_p~~.!!.t.'!'?al
P,a,.q~·
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no plans::to. t.alk .. to:· Rasberry _aboub· J.t. ·
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.
.
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··' '
In Washington, campaign spokesman Rick Ridder said Hart was not aware of the
issue.
Discussing the Spirit of America awards, Rasberry said he had tried to ·
nominate a black for one, but the effort had not been successful.
Barrett said no ·blacks have ever received any of the numerous medals
presented each year, but he would not say blacks were ineligible.
WJC LIBRARY PHOTOCOPY
�'
i
The Associated Press, March 6, 1984
PAGE
I
33
i
:
"The standard of selection on the board is that this yqung man must be
someone I'd like my son to grow up and be like. I think that speaks for itself,"
Barrett said.
LANGUAGE: ENGLISH
WJC LIBRARY PHOTOCOPY
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�PAGE
1
LEVEL 1 - 1 OF 1 STORY
Copyright 1992 The Houston Chronicle Publishing Company
The Houston Chronicle
September 5, 1992, Saturday, 2 STAR Edition
SECTION: A; Pg. 34
LENGTH: 386 words
HEADLINE: State agencies chose only 15 black vendors
BYLINE: JO ANN ZUNIGA; Staff
I·
Fifteen of those were black.
""This inequity will not be tolerated and the Houston Black
.American Democrats are putting these agencies, boards and
commissions on notice, as well as those who appointed them, that
some'remedy to correct this apparently deliberate action, must
commence immediately,•' Paige said during a press conference in
City Hall.
A review of state records showed that the Commission on Jail
Standards had no black or DBE contract in 1990 or 1991 and neither
did the Texas Motor Vehicle Commission. Texas Department of
Agriculture had no black vendors in its 206 contracts and neither
did the Texas Department of Corrections and Jails Pardons and
Paroles Division out of its 526 vendors or Texas A&M University at
Galveston out of 221 contracts.
The State Purchasing and General Services Commission, which
does the majority of bulk purchasing for state offices, had one
black vendor and 82 DBEs out of 1,255 total contracts.
""The consensus of the coalitions is that based on the
historical resistance of Texas State Boards and Commissions.to
contract equitably with black and other minority groups, it is
feasible that much more dramatic action will be required by these
agencies and the Legislature,'' according to a statement by Booker
T. Morris III, state coalition president.
Bill Cryer, governor's press secretary in Austin, said,
""This has been a concern of Governor Richards since she was state
WJC LIBRARY PHOTOCOPY
�·PAGE
2
The Houston Chronicle, September S, 1992
treasurer.
Several weeks ago Richards requested John Pouland, State
General Services Commission director, to insist agencies allow
equitable opportunities for minority vendors.
i''~~]]~~£~t:.:f~,~;~~j~;':.<b~~·~-~t:~t~~~~¥~~t -c:~'";.·
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...
.
«l'LSR!~if~J~.f~~'Jor;,~~?.~::?etter~·-- •· ·-- -,,., .··
LANGUAGE: ENGLISH
LOAD-DATE: September 11, 1992
WJC liBRARY PHOTOCOPY
�PAGE
.2
2ND STORY of Level 1 printed in FULL format.
Copyright 1996 The Austin American-Statesman
Austin American-Statesman·
October 24, 1996
SECTION: Editorial; Pg. A9
LENGTH: 852 words
HEADLINE: Texas' House delagation likely will stay Democratic
i
BYLINE: DAVE McNEELY
BODY:
Texas Republicans went into the 1995 Congress with 11 qf Texas' 30 seats in
the U.S. House of Representatives. This year, if Democrats gain 18 votes
nationally, they can take back the House.
So Republicans hope to peel away some more Democratic seats in Texas -- and
their wildest dream is a majority of the . .,delegation.
Possible, yes. Likely, no. But two seats currently held by Democrats in the
Dallas-Fort ·Worth area are the most likely to go Republica'n: the 12th, in and
around Fort Worth, and the 5th, stretching East from Dallals 160 miles southeast
to Bryan.
Two seats held by Democrats in the Dalls-Fort Worth are~ are the most likely
to go Republican;' the 12th; in and around Fort Worth, and ~he 5th, stretching
from Dallas 160 miles southeast to Bryan.
·
Hugh Parmer of Fort Worth and John Pouland of Dallas are the Democrats trying
to hold the two seats for the Democrats. Both are fairly well-known to state
capitol veterans: Parmer as a state senator for eight years,. and Pouland as
former executive director of the Texas General Services Commission.
Both have run for statewide office before. Parmer was the Democratic nominee
against Republican U.S. Sen. Phil Gramm in 1990. Pouland ran third for the
Democratic nomination for the Texas Railroad Commission in 1986.
1
I
Parmer, in the 12th, hopes to succeed conservative Democrat Pete Geren of
Fort Worth. Geren, who replaced former House Speaker Jim Wright when he resigned
in 1989, is retiring after seven years to spend more time with his young family.
I
'
Parmer's opponent is Fort Worth's mayor for the past fiie years, Kay Granger.
She's never lost a political race. Parmer, by contrast, ha~ lost about as many
as he's won.
Parmer served on term in the Texas House in the 1960s, b~t was defeated for
re-election and a later comeback try. He was elected Fort Wprth's mayor in the
1970s, but voted out after one term. In 1982, he won a four;-year term in the
Texas Senate. He lost a race for the 6th Congressional District in 1984, but was
re-elected to the Senate in 1986. Four year later; he lost, in his bid to unseat
Gramm.
WJC LIBRARY PHOTOCOPY
�•
··,.-'{;DE~
,''/~..;:..
4/
/i<-
.( ;~ 10 l
'<.. ('
~
PAGE
3
Austin American-statesman, October 24, 1•996
'p~rmer' s wif~ Evelyn, chairs the Tarrant County Democr:atic Party. She was
menti..:cmed for th congressional seat, but deferred to her husband.
G;~ez:...h.2not
publicly declared her party affiliation! during her
nonpartisan elective years: five as mayor, two on the Fort· Worth city Council,
eight on the Fort Worth Zoning Commission.
In fact, a hapless Republican primary opponent charged she was to the left of
Geren. She is pro-choice, though opposes spending federal dollars for abortions
-- same as U.S. Sen. Kay Bailey Hutchison. And she is for ~ffirmative action,
though against quotas.
Granger has voted in both Democratic and Republican primaries over the years.
The last primary she voted in before this year, in 1990, was Republican.
'
In 1992, the district voted voted 38 percent for Bill Clinton, 35 percent for
George Bush and 28 percent for Ross Perot.
- -- - - -
'
-
-
i
· :In the~:; ~tli.::.D'istric.t,~··pouland probably has·· a..: better. s:fi'6t1than• Parmer_ at going
to .. congress_.~~--It~---wants _t_o ··siiC::¢.~¢d .nis. polit-ical- buddy·;- progressive Democrat ·John
Bryant of Dallas,-who-quit·after 14 years to run-for the Democratic nomination
for t:ha .u.s. ·Senate .
._.:. ,_ Pouland- also was the guy who got the ball rolling to put little-known former
Georgia Gov. Jimmy Carteronthe presidential primary ballot in Texas in 1976.
J:>ouland in 1986 ran third for the."Democratic nomination! for Railroad
. colrin\ission, which=Jolin-· sharp ·-w;;:h:-: In- 19S9 I Pouland was appointed to head . . the
Dallas Democratic Party.
The Republican is Pete- Sessions, son of former•~FBI' Director William Sessions,
making his third try for Congress. He ran iri a speciaL:.eledtion:::in:.::J.991:--in North
Dallas' 3rd Congressional District. ·rn-i994, he got 47.3 percent against Bryant.
;,
... -···.
-~ ..·-·--
'
Even though the district is slightly less favorable .for 'a Democ..!'at this year,
be<;:auseof court-ordered redistricting, former Gov<Arin Ridharcisgotalmost so
percent in 1994. An advantage for sessions, however, is that this was one: of 13
districts unhooked from the party lever.
I
_In Pouland's favor is that he currently has Sessions on ~he defensive over
~~abortion~ _Sessions told pro-choice forces in 1991 he was wfth them, but in 199.4
said he ...was pro-life and had "never wavered. II Pouland is pr'o..;.choice-;:·;_
The Republicans have a lesser chance to pick up seats he'ld by Democrats
Martin Frost of Dallas {24th) and Ken Bentsen of Houston (25th), if the judicial
o'rder produces a December runoff.
The Republicans may lose two seats targeted by organizedi labor:
*The 14th, which they gained in 1995 when Greg Laughlin switched to the
--GOP. He lost in this year's Republican primary, and Democrat Lef-ty Morris of
Bee Cave may well beat libertarian Republican Ron Paul of Lake Jackson.
*The 9th District, where Steve Stockman is under heavy assault from
--Democrat Nick Lampson.
WJC LIBRARY PHOTOCOPY
�PAGE
Austin American-Statesman,- October 24, i996
The Republicans are considered unlikely to pick up two,seats they wanted to
in East Texas, where Democrats Jim Chapman and Charles Wilson retired.
I
McNeely writes about politics on Sundays, Tuesdays and Thursdays.
LOAD-DATE: October 24, 1996
WJC
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�PAGE
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4
2ND•STORY of Level 1 printed in FULL format.
Copyright 1996 The Dallas Morning News.
THE DALLAS MORNING NEWS
November 2, 1996, Saturday, HOME FINAL
SECTION: NEWS; ELECTIONS '96; Pg. 35A
LENGTH: 542 words
HEADLINE: Sessions campaign's letter to election judges faulted Secretary of
state advises county to reissue voting guidelines
BYLINE: Sherry Jacobson, Staff Writer of The Dallas Morning News
BODY:
The Texas secretary of state advised Dallas County's top election official
Friday to reissue voting guidelines to election judges after Republican Pete
Sessions' campaign sent the judges potentially confusing instructions this week.
The Sessions letter, dated Tuesday, told the judges to '."explicitly warn"
voters that they will be punished for voting fraudulently.·
It also wrongly
instructed judges "to tell each and every voter" how to cqst a ·vote in Tuesday's
special election, which includes Mr. Sessions' race in the 5th District. The
special election is being held in 13 congressional districts along with the
general election.
i
;
Informed of the Sessions letter by Bruce Sherbet, Secretary of State Antonio
Garza Jr., a Republican, expressed concern in a letter to the elections
administrator that the "instructions may have confused election judges'about
their duties on Election Day."
Mr. Sessions, who face~ Democ:r:~l;~l}@'.;!:~~ll~~£.declined to c<?mment on Mr: .
Garza's letter. Mr. SessJ.ons' campaignili1·re'leased a statement FrJ.day that saJ.d,
in part, "It is our intention to make certain this election will be conducted
according to the letter of the law."
The Sessions letter was sent Tuesday to as many as 500 ballot-box judges in
Dallas County, all of whom are Republicans this year. It was written on his
campaign stationery and signed by Will Rijksen, Mr. Sessions' political
director.
After reading it, Mr. Garza warned that judges must not: follow its advice and
immediately challenge voters when their names cannot be fo¥nd on the list of
registered voters. such individuals are allowed to vote after signing an
affidavit that attests to their eligibility.
"The election judge should be careful not to intimidate·the voter from
exercising his or her decision to vote," Mr. Garza warned in his letter to Mr.
Sherbet. ''Intimidation of.a voter is also a crJ.me, as is ~efusing a person for
voting whose acceptance is required under state law."
Mr. Garza said election judges may only post written instructions about how
to cast a vote and answer voters' questions at the polls.
WJ C :LIBRARY PHOTOCOPY
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5
THE DALLAS MORNING. NEWS, November 2, 1996
"Any unsolicited communications by election officials ~egarding the special
congressional election could be misconstrued as electioneering or unlawfully
influencing a voter," he wrote.
Criticism of the Sessions letter also was voiced locally. In particular,
there were objections over its repeated references to the Republican Party.
"This is the first time in history that Republicans will be responsible for
holding_elections in all of the county's polling places~".the letter notes,
alluding to a decision by the Dallas county Commissioners Court last month to
replace more than 80 Democratic judges with Republicans.
i
P.D. Sterling, a Republican election judge for the past decade, said Thursday
that he was bothered by more than the "impropriety" of the letter.
"The tone is extremely partisan, like judges are just serving the Republican
"From 7 a.m. to 7 p.m. on Election Day, :I'm serving the
community."
Party~" he said.
-
<,.w.;..-~~.gp~l~~~~;~q,~k~~J:.!!.~~.b~~~~~~~~~ 1 ?~e~: ~J~~.~5!~E9---1f~ 9r:l.;t;,:\}~- . ,}z.,a¥~, .~:IL4~-~-~-~s!>J:l.e
.>:~£;;;.9oSkeds. the-"·'U';' sr-;-at~orney 1 s '· off1.ce ~to::.l.nV.~$.t..J.ga te1 w:tt;~J:hEEJ:::~',;;Lt::~,.YJ,Olat.~.9.-: the:.< •
'I.:~~~~ . :E!.l~s.~:!~:rk c..ode..:..:and~-~the:- Federar':Vatirig·-~Rights':: Act •..·•
.
i:v'iii"'~
.
LANGUAGE: ENGLISH
LOAD-DATE: November 3, 1996
WJC~LIBRARY
PHOTOCOPY
�Withdrawal/Redaction Sheet
I
Clinton Library
DOCUMENT NO.
AND TYPE
. DATE
SUBJECT/TITLE
RESTRICTION
001. article
Annotated article (2 pages)
01/13/~986
P5
002. article
Annotated article (3 pages)
02/10/1994
P5
Cf05
003. article
Annotated article (2 pages)
02/11/l994
P5
004. article
Annotated article (2 pages)
02/25/t:994
P5
005. article
Annotated article (2 pages)
06/0'111994
P5
<got.e
qo7
qog
qoCJ
006. article
Annotated article (5 pages)
12/18/1994
P5
CJJD
007. article
Annotated article (2 pages)
08/15/1996
P5
0 JI
008. article
Annotated article (4 pages)
10/21/1996
PS
'Cjjc?',
009. article
Annotated article (3 pages)
10/26/1Q96
P5
Cf/3
010. article
Annotated article (2 pages)
11/01/1996
P5
CjJLj
0 11. article
Annotated article (2 pages)
11103/1996
P5
ctiS
012. report
John C. Pouland (3 pages)
02/13/1995
PS
41'-e
I
:
I
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I
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COLLECTION:
Clinton Presidential Records
Counsel's Office
Reynolds, Stacy
OA/Box Number: 10375
FOLDER TITLE:·
Pouland, John [2]
Dana Simmons
2006-0454-F
ds271
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a))
Freedom of Information Act- [5 U.S.C. 552(b)]
Pl National Security Classified Information [(a)(l) of the PRA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
P3 Release would violate a Federal statute [(a)(3) of the PRA)
P4 Release would disclose trade secrets or confidential commercial or
financial information [(a)(4) of the PRA]
PS Release would disclose confidential advice between the President
and his advisors, or between such advisors [a)(S) of the PRA]
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(a)(6) of the PRA)
b(l) National security classified information! [(b)(l) of the FOIA)
b(2) Release would disclose internal personnel rules and practices of
'
.
an agency [(b)(2) of the FOIA]
b(3) Release would violate a Federal statUte [(b)(3) of the FOIA]
b(4) Release would disclose trade secrets or ~onfidential or financial
information [(b)(4) of the FOIA]
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA] ,
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
:
b(8) Release would disclose information concerning the regulation of
financial institutions [(b)(8) of the FOIAj
b(9) Release would disclose geological or geophysical information
concerning wells [(b)(9) of the FOIA)
'
I
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of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.C.
2201(3).
RR. Document will be reviewed upon request.
WJC LIBRARY PHOTOCOPY
�PAGE
40
LEVEL 1 - 214 OF 217 STORIES
Copyright 1986 U.P.I.
January 13, 1986, Monday, AM cycle
/
SECTION: Regional News
qo')
"DISTRIBUTION: Texas
LENGTH: 403 words
DATELINE: AUSTIN, Texas
BODY:
Dallas lawyer John Pouland, who bills himself as a ''real Democrat,''
announced Monday he will run for a seat on the Texas Railroad Commission.
He also pledged to ''put Texas consumers first in utility rate
cas~s.''
Pouland, a veteran party activist and campaign organizer and until recently
an energy adviser to Sen. Gary Hart, D-Colo., lashed out at his annou~ced
Democratic opponent, state Sen. John Sharp of Victoria.
"Until his adviser~ shut him up, John Sharp was bragging that he'~ been
promised a million dollars to make this race,'' he said •. ''That money'!s not
coming from people whose primary interest is good government.''
Pouland said he decided to run for the seat being vacated by Buddy Temple
because ''I think we need somebody on the Railroad Commission who'll holler when
the little guy's getting creamed py the big boys. And you can't do that if the
big boys put you there.''
''Nobody owns me. And nobody's going to buy me on the way to this
e~ection.''
Pouland criticized Sharp's legislative voting record on railroad safety and
interest rates.
''My conclusion is that John Sharp has no particular political philosophy,
that he has no clear notion of what he would like to accomplish on the.Railroad
Commission,'' he said.
While he expects to be outspent by Sharp, Pouland said he hoped to make up
the lack of money with ''a network of longtime, loyal Democratic frien9s around
the state.''
1
•
Pouland said he plans to spend $450,000 on the race and pas not decided
whether to accept money from political action committees. So far, he s~id, he
has raised $126,145.
Sharp said he expected Pouland to run a negative campaign with little
discussion of issues.
WJC liBRARY PHOTOCOPY
�PAGE
United Press International January 13, 1986, Monday, AM cycle
41
''I will go back to one of the questions asked in previous campaigns he
(Pouland) worked for: Where's the beef,'' Sharp said in reference to ~Pouland's
work for Hart.
Meanwhile, Republican John Henderson, who narrowly lost a 1984 race in the·
general election to Democratic Railroad Commissioner ·Mack Wallace, fi led his
formal qualifying papers Monday for another campaign as a Republican.:
1
Other announced GOP candidates include state Reps. Ed Emmett of Kipgwood and
Milton Fox of Houston.
LANGUAGE: ENGLISH
WJC LIBRARY PHOTOCOPY
�8TH STORY of Level 1 printed in FULL
fo~at.
PAGE
Copyright 1994 The Austin American-statesman
Austin American-Statesman
February 10, 1994 THURSDAY
SECTION: CITY/STATE
Pg. B10
FINAL
John Maher
LENGTH: 840 words
HEADLINE: Policy change urged for phone records Purchasing:
BYLINE: Mike Ward
BODY:
.
Reacting to a simmering controversy over destroyed· phone bills-. in
Gov. Ann Ri cha:r:c:Is..'~-,9 f. f. ige , ,, .:':J:'$x~fs ·G: pUrcha~,ing.:; ~h:i: ~ ~.,, ~C?Y:~c:i:;Wkdnesda§> td '~
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i:4.,ggy~f:~f_ng.::J;>qqrd?.::-a:.c~':I ts•:Feb·;~'\22-;:cmeeting-~ -. -.:
;.
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Under ru~es adopted several years ago, he said the commission keeps
records of long-distance calls for- other agencies for only: four·months.
"I believed after this issue has been raised .
thatiwe should keep
those records," he said. "And I will be seeking approval to. do that."
·
I
However, even if the records are kept, there are no plans to
systematically review the phone records for improper use. ·
Since late January, Richards had been defending a policy in her office
that allowed for the destruction of telephone records. Wit~ the misuse of
state equipment and employees an issue in the trial of Republican U.S. Sen.
Kay Bailey Hutchison - who is charged with ethics violations while she was
state treasurer - telephones have become a hot political issue, and
Richards has since changed her policy to retain the phone ~ecords longer.
In a Feb. 4 letter, Richards asked Poulapd also to keep;the detailed
phone bills for state agencies "for the appropriate length•of time."·Under
state law, billing records must be kept by each agency for three years
after the end of the fiscal year. Until now, Pouland said general services
officials had concluded that law did not cover their agency.
On Wednesday, Republican George W. Bush, who is challenging Richards'
re-election bid, said federal rules require phone companies to keep
long-distance records for 18 months and hinted that Richards' missing files
could be retrieved. But state officials and southwestern Bell officials
disagreed.
:
They offered an analogy to explain why many of Richardsi long-distance
calls could not pe reconstructed, even though such. records ·probably could
be reconstructed for a residential phone:
WJC LIBRARY PHOTOCOPY
20
�PAGE
Austin American-Statesman, February 10, 1994 :THURSDAY
Imagine a superhighway that is owned by the telephone company. It
leases the highway to the State of Texas, which runs as many cars and
trucks on it each months as it wants.
1
The phone company knows the traffic is heavy, maybe ev~n where most
cars go. But they don't keep track of every vehicle that whizzes by or
where each one comes from.
Pouland said most agencies'
Richards' office - are made on
state-owned telephone network.
leased from Southwestern Bell,
long-distance calls - including most; in
the Texas Agency Network, or TEX-AN, a
Those calls travel across T'exas on lines
1
he said.
"It's like the mother of all telecommunications roads, hundreds of
thousands of calls each day," Pouland said.. "We rent this telephone
highway. Southwestern Bell doesn't maintain a record of th~ traffic.
We do."
Each month, other state officials explained, Bell sends! the General
Services Commission a bill for the long-qistance calls made on TEX-AN. The
bill lists the destination and length of . ' each call but not. which telephone
was used to make each call.
i
The General Services Commission keeps track of where each call
originates. It uses those files to cross-check the billings from
Southwestern Bell, and it bills state agencies accordingly~
•
'
But those records, maintained on magnetic computer tapes, are routinely
obliterated, recorded over every four months with new phone billings,
Pouland said.
Southwestern Bell district manager Charles Trammell said that while the
company keeps some billing detail for six years, it cannot'track the origin
of each call made on TEX-AN. Only the state has that detail, he and other
company officials said.
Bill Range, a TEX-AN traffic engineer, said the system yarried more
than 3. 5 million calls statewide during October, .from as many as 200
agencies. Included were nearly 333,000 from within the Capitol complex, a
collection of agencies in Central Austin that has more than 20,000
telephones.
Richards attempted to quell the controversy over the destroyed records
by making public thousnds of pages of phone bills that the state was able
to reconstruct. They included phone bills from cellular phones, toll-free
lines and credit cards dating back three years. Unlike the state's TEX-AN
lines, those bills were available from the private phone c~mpanies.
1
In addition, some TEX-AN bills dating back to November 1991 were
released. John Fainter, the governor's chief of staff, said Wednesday those
bills were reconstructed from magnetic tape~EP,b~and's agency.
'
~ ~-..~-- •v r/_
((_~
:.y(. \
: .
"These were from the three or four ta ,es that ha(\--not been gone over,"
he said.
~
-6
qo~
~
·
~
WJC LIBRARY PHOTOCOPY
21
�PAGE
22
Austin American-Statesman, February 10, 1994 THURSDAY
The governor's office has more than 577 phone lines, an aide said,
including four lines that are not paid for with state funds - three in
Richards' Capitol Extension offices and one at the Governor's Mansion.
I
LOAD-DATE: March 29, 1995
WJC LIBRARY PHOTOCOPY
�7TH STORY of Level 1 printed in FULL format.
PAGE
18
Copyright 1994 The Dallas .Morning News;
THE DALLAS MORNING NEWS
February 11, 1994, Friday, HOME FINAL ED[TION
SECTION: NEWS; Pg. 38A
LENGTH: 323 words
HEADLINE: New policy sought in phone controversy Purchasing official wants
records saved
BYLINE: From Staff and Wire Report
DATELINE: AUSTIN
BODY:
AUSTIN - The controversy over the mass destruction of ~ov. Ann Richards'
long-distance phone bills has prompted the state's purchas,ing chief to recommend
saving all government agencies' calling ~ecords for four yiears .
••'
..
I
·;;;John.;.:<EouTafid''7.~·~xeclitiV:e;--d1rector;;,~o:g"the:.:.General:Services
Commission .··.-which·P.
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·under rules adopted several years ago,-the commission k¢eps records of
long-distance calls for other agencies for only four months, Mr. Pouland said.
Since late January, Ms. Richards had defended a policy in her office that
allowed for destroying telephone records.
With the alleged misuse of state equipment and employees an issue in the
trial of U.S. Sen. Kay Bailey Hutchison - who is charged with ethics violations
while she was state treasurer - telephones have become a h9t political issue.
Ms. Richards has changed her policy to retain phone records for three years.
In a Feb. 4 letter, she asked Mr. Pouland to keep detailed phone bills for state
agencies "for the appropriate length of time."
Under state law, agencies must keep billing records for [three years after the
end.of the fiscal year.
Until now, Mr. Pouland said, General Services Commission officials had
concluded that law did not cover their agency.
Ms. Richards tried to quell the controversy over the destroyed records by
making public thousands of pages of phone bills that the st~te was able to
reconstruct.
Meanwhile, the Travis County district attorney's office sent a letter to the
governor's office requesting copies of the reconstructed re~ords and any
material the governor's staff used to reconstruct those rec0rds.
The governor's office has more than 577 phone lines, an ~ide said, including
four lines that are not paid for with.state funds- three iri Ms. Richards'
WJC L!l BRARY PHOTOCOPY
�PAGE
19
THE DALLAS MORNING NEWS, February 11, l994
Capitol extension offices and one at the Governor's Mansi9n.
LANGUAGE: ENGLISH
LOAD-DATE: February 12, 1994
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~IBRARY
PHOTOCOPY
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36
LEVEL 1 - 182 OF 217 STORIES
Copyright 1994 Information Access Company,
a Thomson Corporation Company
IAC (SM) Newsletter Database (TM)
Faulkner & Gray, Inc
Bank Network News
February 25, 1994
SECTION: No. 19, Vol. 12; ISSN: 1063-4428
LENGTH: 567 words
HEADLINE: Texas Passes Over EFT Veterans In Awarding Its EBT Contract
BODY:
After employing an innovative means to evaluate contract proposals,· Texas
passed over such well-known EFT players as Deluxe Data Systems, Citicclrp, and
Electronic Data Systems, and picked for its electronic benefits progrdm a firm
known for running state lottery systems. And Texas decided against using the
more costly ATMs to dispense benefits in favor. of point-of-sale terminals.
The Texas Department of Human Services signed a contract earlier this month
with Connecticut-based GTech Administrative Services Corp. for GTech to provide
processing services for an electronic program for distributing food stamps and
Aid To Families With Dependent Children benefits. Texas officials say the
contract provides for AFDC services to be handled at a cost of 97 cents per case
per month and food stamps at $2 per case per month.
But one EBT veteran is upset with the way the contract was awarded.' Milwaukee
-based Deluxe Data filed a protest with the Texas Office of Administrative
Hearings asking that the award be overturned and bidding be redone.
Jessica Shahin, director of information management for the EBT project, says
GTech was chosen because it offered "the most comprehensive proposal with
technical specifications closest to what we wanted."
·
But Deluxe claims improper procedures were used. For example, GTech:was
allowed to lower its initial bid while others were not, says Thomas McLaughlin,
Deluxe vice president •
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In accepting GTech's plan, Texas decided also to nix the use of ATMs in favor
of POS terminals. With ATMs, the state would have had to pay foreign interchange
fees.,to terminal owners whereas with POS terminals, there is no interchange
paid. Shahin says the state will monitor the program and if there are tegions
where sufficient POS terminals are not available to recipients, ATMs could be
used on a limited basis. But she says that is not likely to be the cas~ often
because 16,000 retailers will participate in the program statewide. Eventually
2.7 million benefits recipients will participate in the program.
WJC liBRARY PHOTOCOPY
�PAGE
37
Bank Network News February'25, 1994
By picking GTech, Texas surprised some who had expected EFT veterans to be
the favorites. But GTech executives note the firm has a presence in Texas
through its administration of the state lottery program.
And they add GTech has EBT experience through an electronic food s~amp ,
contract with the state of New York. That program is not fully on-line in that
recipients take a card to an authorized location where they are autho:z;ized to
receive benefits, but are then given paper stamps to redeem~
In awarding the contract, Texas used a unique catalogue bidding prqcess.
Rather than defining services desired, soliciting bids and awardin~ the contract
to the lowest bidder, the state asked contractors to supply a catalogue of the
proposed services and the cost. The state then could negotiate. Shahin says that
process did not alter the program much from what the state envisioned, but
resulted in better understanding as to what would be provided.
1
Copyright 1994 Faulkner & Gray, Inc.
LANGUAGE: ENGLISH
IAC-ACC-NO: 2294606
LOAD-DATE: October 26,, 1995
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�PAGE
32
LEVEL 1 - 178 OF 217 STORIES
Copyright 1994 Information Access Company,
a Thomson Corporation Company
IAC (SM) Newsletter Database (TM)
Small Business Press
Set-Aside Alert
June 1, 1994
SECTION: No. 6, Vol. 2; ISSN: 1068-5715
LENGTH: 568 words
HEADLINE: Texas Increases State SOB Contracting Goal to 30 Percent
BODY:
I
Spurred on by Governor Ann Richards, the state of Texas is, after years of
neglect, aggressively recruiting minority-owned businesses for state contracts.
The Texas State Assembly last year passed a law that set the state's minority
business participation goal at 30 percent, far above federal minimum mandates .
and well beyond the state's actual performance so far.
Responding to Croson
The assembly's goal has its roots in the Supreme Court's Croson decision of
1989 that eliminated state minority set-aside programs. Texas is conducting a
disparity study, expected to be finished in June or July, that the Supreme Court
I
.
said must show a deliberate and repeated past history of discrimination if a
set-aside program is going to be used again.
Legislators have challenged state agency directors to explain their• poor
minority contracting histories and are firing those who don't hold up :to their
standards, Pouland said.
Minority Participation Currently 10%
I
About 10 percent of the state's contracts are being awarded to minotity-owned
firms, which the state calls "historically underutilized busines~es," or HUBs,
this year, Pouland said. That's more than four times higher than just two years
ago, when only 1.4 percent of state contracts were awarded to minority firms •
. Last year, the rate rose to 8.4 percent.
But Pouland said the increase up to now is nothing to brag about. "']?hat's
just desire," he said.· "That's what could have been done years ago but ,nobody
wanted to do it."
The commission makes all purchases over $15,000 of goods and services and of
.
I
supplies for more than 200 state agencies. It is working with the agenqies to
find more firms and.make it easier for them to enter the state market.
WJC LIBRARY PHOTOCOPY
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33
Set-Aside Alert June 1, 1994
The comptroller's office, for example, places ads in black and His'panic
business publications and attends trade fairs, said Lou Aguirre, a sp~kesman
the office.
All state agencies will help minority firms complete a two-page form to
become certified by the state, Aguirre said.
Certification is not required to compete for state contracts, but only
certified firms can be counted towards the state's HUB goals.
Aguirre said state agencies are becoming selective in their recruiting. They
are determining the products and quantities of those products that they buy and
are looking primarily for firms that can meet their needs.
In some respects, it's about time that Texas, the third-largest st~te in the
nation, is going hard after minority firms. Nearly one-third of the state's 18
million people are minorities - 20 percent Hispanic, 11.5 percent Africa~
American, and 1 percent Asian.
This year's state budget is $4 billion for goods and services.
Construction costs are counted separately, and add about $1 billie~ more to
state spending, primarily for building new prisons. The prison system ·has its
own minority participation goal of 20 percent, which tl'~e current direc;tor claims
will be difficult to meet.
Pouland, however, disputes the director's claims, saying that construction is
"probably the easiest place to obtain" minority participation.
Copyright 1994 Small Business Press
LANGUAGE: ENGLISH
IAC-ACC-NO: 2397674
LOAD-DATE: October 26, 1995
WJC liiBRARY PHOTOCOPY
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27
LEVEL 1 - 177 OF 217 STORIES
Copyright 1994 The Austin American-Statesman
Austin American-Statesman
December 18, 1994 SUNDAY
SECTION: BUSINESS
Pg. H1
FINAL
LETTERS TO THE SPORTS EDITOR
LENGTH: 1589 words
HEADLINE: State trying to police HUB process Audits help to
BYLINE: R. Michelle Breyer; David Kennedy
BODY:
In pursuit of its goal to award 30'percent of its business to women~and
minority-owned companies, state government has to determine what businesses
qualify for this special status.
I
I
It isn't an easy task. The basic list of historically underutilized;
businesses - that is, the list of companies claiming to qualify - includes
18,000 companies. Among those, 11,000 are currently eligible.
And eligibility isn't always clear-cut.
For example, in his application for HUB status, one Anglo male business
owner listed himself as Native American because he was born in the Unit'ed
States.
In another case, a vendor claimed HUB status because he said his
great-grandfather told his grandfather who told his father who told him he
was part American Indian. He had no documentation.
In both of these cases, state auditors working in the compliance office
of the General Services Commission discovered the qualification problems,
and the companies didn't make it onto the HUB directory.
"There's plenty to do," says HUB compliance auditor Rolando Fabrega.
Of the 421 companies audited by the commission between December 1993 'and
November 1994, 185 - or 44 percent - did not meet the state~s criteria for
women - or minority-owned businesses and lost their HUB certification.
Of the Native American businesses that were audited, 11 - 66.8 percent were decertified.
A state law adopted in 1991 required state agencies to make a "good
faith" effort to award 10 percent of their contracts to HUB firms - a goal
that was raised to 30 percent during the 1993 legislative session.
I
Executive director John Pouland says that, when the commission took o~er
the program, the HUB list included 3,128 venqors, companies could get on :the
I
WJC LJBRARY PHOTOCOPY
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28
Austin American-Statesman, December 18, 1994 SUNDAY
list by certifying themselves, and there was no process to ensure that
were owned by women or minorities.
1
"It was based on the honor system," said Darrell Pierce, who oversees
the commission's HUB auditing program.
The compliance office was set up a year ago to help clean up the
program. Now the commission has four auditors who check qualification~ for
new and existing HUBs.
Companies can lose HUB status for a number of reasons, including failure
to prove 51 percent minority or female ownership or a finding that th~
female or minority applicant is not activ~ly'participating in the business.
Auditing can be a technical and difficult process. There are a wide
variety of business structures, ranging from sole proprietorships owned by
one person to a corporation with multiple owners. At the same time, auditors
must determine how active the woman or minority owner is in the business.
To determine whether a company meets the HUB criteria, the compliadce
section conducts desk audits of the applications and visits companies :that
have been flagged because of complaints or discrepancies on the application.
The agency also does random audits at some businesses. The businesses :are
notified when the audit will occur.
.
Three months ago, the commission halted the self-certification
and began requiring proof of eligibility from all applicants.
i
proc~ss
Pouland stressed that the 44 percent decertification rate does not mean
that 44 percent of the HUBs are invalid. Although the compliance sectibn
does do some random audits, the majority of companies are audited because of
inconsistencies on their applications. Only 11 percent of the agency's desk
audits were decertified, he said.
"I would argue that for every dollar that's spent with a false HUB,;
ther••s a dollar spent with a real historically underutilized business;
that's not certified as a HUB," Pouland said.
But some business owners and state officials believe the percentage :of
invalid HUBs may actually be higher.
T. Oscar Trevino Jr., president of Fort Worth-based J.L. Steel Inc.,;
which ranked fifth among HUBs in the amount of state contracts last year,
recalled several instances in which minority business owners were brought
into a deal by a prime contractor to help it win a contract with the st,ate.
He said the agreement was that the minority contractor would do no work but
would receive a small percentage of the contract.
"The HUB program creates fraud," Trevino said.
One high-ranking purchasing official with a large state agency, who '
asked that his name not be used, .said he . and his counterparts at other state
agencies have seen numerous cases where Anglo males have legally changed the
ownership of their companies on paper - giving majority ownersh~p of the
company to their wives - to enable them to garner HUB status.
.
I
WJC LIBRARY PHOTOCOPY
�PAGE
Austin American-Statesman, December 18, 1994 SUNDAY
He said his agency has been doing business with one Anglo male veridor
for 10 years who recently changed his company's ownership, putting 49
percent in his wife's name and 2 percent in his sister's name.
'~But
neither of the women has actively participated in the company:," he
said.
Pouland believes his agency's compliance program has gone a long way
toward reducing abuse of the HUB system.
I
By 1995, he said,. the agency's HUB directory should be clean.
I
I
.
In the spring, the General Services Commission will change to a system
where HUB businesses will receive a different certification applicati¢n from
other companies.
Under the current system, all bidders fill out the same form, which can
create a situation where non-HUB vendors may knowingly or accidentally claim
HUB status.
"We now have the staff and resources to catch people before they're
ever certified," Pouland said.
HUBs: companiees decertified
Dec. 1994 - Nov. 1994
An audit of 421 companies determined that many did not qualify as
historically underutilized businesses under the state's guidlines. The' chart
shows the percentage of decertified businesses within each HUB group. .
44% 44% 48% 69% 41%
.
Hispanic Black Asian Pacific American Indian Woman
Percentages rounded
Source: General Services Commission
State agencies' HUB records
This chart lists all state agencies and universities that awarded at least
$20 million in contracts during the 1994 fiscal year. The entities are:
ranked by the percentage of the contracts that went to historically
underutilized businesses.
HUB Agency Total contracts HUB contracts percentage
Comptroller
of Public
. Accounts $37,218,886.13 $11,197,538.7230 .09
A & M
University
System, Texas $94,304,650.74 $24,946,480.5226 .45
Office of the Attorney
General $27,209,047.17 $6,856,180.8825 .20
General Services
Commission $42,998,413.07 $9,529,000.0722 .16
Southwest Texas State
University $20,743,563.06 $3,766,873.1718 .16
Human Services, Texas
Department of $77,168,957.34 $11,628,886.3615 .07
Texas Department of
Transportation $1,878,822,918.81 $269,289,808.9414 .33
Public Finance Authority,
Texas $53,983,314.60 $7,155,067.6313 .25
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30
Austin American-Statesman, December 18, 1994 SUNDAY
University of Texas at
Austin $142,509,028.98 $18,170,195.2612 .75
UT Southwestern Medical
Centr/Dallas $67,125,916.03 $8,220,530.6812 .25
Texas Lottery
Commission $67,297,327.62 $8,103,216.6212 .04
Employment Commission,
Texas $20,610,800.80 $2,457,020.4211 .92
University of Texas
system $97,618,013.71 $11,630,988.2311 .91
Health, Texas Department
of $74,817,593.51 $8,589,071.1211 .48
Natural Resource Conservation
Comm. $105,828,930.47 $12,048,793.7911 .39
UT Health Science
Center-Houston $52,935,196.41 $5,059,575.46 9 .56
UT Health Science Center-San
Antonio $42,609,725.06 $3,942,911.069 ~25
UT Medical Branch
Galveston $224,239,661.71 $20,650,819.499 .21
University of Texas at El Paso,
The $22,129,095.25 $2,015,515.089 .11
Mental Health/Retardation,
TX Dept $123,673,881.72 $10,922,336.368 .83
Public Safety,
Department of $60,654,864.60 $5,203,004.818 .58
A & M University,
Texas $105,118,774.64 $8,322,580.647 .92
Parks and Wildlife
Department $34,229,640.74 $2,607,878.717 .62
Texas Tech
University $41,337,560.54 $2,727,748.956 .60
Education Agency, Texas
Central $37i253,576.95 $2,124,240.585 .70
Texas Dept. of Criminal
Justice $660,571,628.77 $37,488,083.115 .68
Youth Commission,
Texas $34,875,184.05 $1,973,420.065 .66
UT M.D. Anderson Cancer
center $217,862,411.35 $11,101,104.595 .10
Agricultural Experiment Station,
Tx. $21,721,362.42 $i,049,869.004 .83
University of
Houston $69,059,506.88 $2,984,154.074 .32
Stephen F. Austin State
University $27,731,864.74 $728,526.042 .63
Preserv~tion Board, Texas
State $41,628,201.13 $109,170.040 .26
,
Note: The amounts include all contracts from all funds~ In some cases, the
contracts were awarded by the General Services Commission, not by the agency
itself.
Source Staff computer analysis ofGeneral Services Commission data
GRAPHIC: T. Oscar Trevino Jr. is president of J.L. Steel Inc., which was hired
as part of Texas' historically underutilized businesses program to work on the
WJC LIBRARY PHOTOCOPY
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31
Austin American-Statesman, December 18, 1994 SUNDAY
u.s.
183 construction project. Some business owners, including Trevino, and
some state officials believe fraud is a growing problem within the pr~gram •.
LOAD-DATE: March 29, 1995
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LEVEL 1 - 111 OF 217 STORIES
Copyright 1996 The Dallas Morning News
THE DALLAS MORNING . NEWS
August 15, 1996, Thursday, HOME FINAL EDITION
SECTION: NEWS; Pg. 32A
LENGTH: 582 words
HEADLINE: Hopefuls study new 5th District race;
Sessions to file again; Pouland awaits appeai
BYLINE: Sherry Jacobson, Staff Writer of The Dallas Morning News
BODY:
As campaigning gets under way in the newly configured Texas congressional
districts, candidates in the 5th District are a study. in contra~ts.
Republican Pete Sessions said Wednesday that he will file again to iun in the
new district, redrawn by federal judges to include Dallas' Lakewood, Lake
Highlands and White Rock neighborhoods.
"We are full steam ahead," said John Marlow, Mr. Sessions' campaign :manager,
who began immediately to push the campaign into the new areas after th~ Aug. 6
ruling.
Democrat John Pouland, who like Mr. Sessions won a March primary contest,
said he has. not yet decided when he will refile. Nor has he spent a~y time
campaigning in the new portions of the 5th District, although Lakewood is only a
half-block from his campaign office.
Instead, Mr. Pouland said he will await the outcome of an appeal of the court
order that redrew 13 of the state's 30 congressional districts, requiring
special elections Nov. 5.
Mr. Poul.and said he will continue to focus his energy on the rest of !the
district, which spans 11 counties. About 80 percent of the district wa~
unchanged, he said.
The federal court order was appealed this week by the NAACP Legal Defense and
Educational Fund, which asked the U.S. Supreme Court to overturn the or~er and
reinstate the old.district lines until the appeal is heard. Three members of
Congress joined the appeal Wednesday.
The 13 districts were redrawn to correct boundaries in three Texas
congressional districts that had been declared unconstitutional by the Supreme
Court because of racial gerrymandering. one of the districts deemed
unconstitutional.is· in Dallas County, and two are in Harris County.
Mr. Sessions said he was satisfied with the new district lines because the
5th District previously had been drawn to satisfy Rep.
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THE DALLAS MORNING NEWS, August 15, 1996
/~'2-S,Dtr;//"-
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John Bryant, a seven-term Democrat who is not seeking re-election.
~..r;\
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;;·~
The redrawn 5th District lost South Garland, Pleasant Grove and a ~alf-doze~~0
precincts in the Wilmer area in exchange for the East Dallas neighborhoods. In
the process, its percentage of voters registered as Democrats dropped:from 55.3
to Sl.S percent.
91/
·('\
"I am pleased we can now run in an even and fairly drawn district, '1 said Mr.
Sessions, who narrowly lost to Mr. Bryant two years ago.
Jj£'Bf~~5~!i1Ai~~f:~~d::·'~~~~~.~~~l~~~~~~~~~i~j~P.i~o;:~};~·~#l.~iif~t~.~~;·.i~~~-~;.~1~;~h~;1@;.
R~"'ubltc:·a:n~:::.~5i"Wt'~fi~~:t~'deral'b''iid"·eaii::recirew?'mor~~,am-ri-cfii:;·~h'arirfie·ces6a:E"~.:e:o
;,ri~~,,::~i-~tl~~f~,ll~~~,o,~~¥'~~~~~111ir~~~h•
"We've had dozens of phone calls from people wanting to know if they're still
in the district," Mr. Pouland said. "I lost an important part of my district
because I went to high school in South Garland, and I know a lot of pe,ople
there."
He said he also was concerned that a special election stands to ben~fit Mr.
Sessions. Under the rules of a special election, any candidate may now enter
the races by paying a $ 2,500 filing fee by Aug. 31.
If no one receives 50 percent of the vote Nov. 5, a runoff election'will be
held Dec. 10 between the top two finishers.
"The greater the likelihood of a runoff, the greater the likelihood.of them
winning, 1' said Mr. Pouland, who formerly headed the Dallas County Democratic
Party.
"If this is the way it goes, I'm going to have to take a look at myloptions.
But I hope it doesn't come to that."
GRAPHIC: PHOTO{S): 1. Pete Sessions. 2. John Pouland.
LANGUAGE: ENGLISH
LOAD-DATE: August 20, 1996
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Copyright 1996 The Dallas Morning News .
THE DALLAS MORNING NEWS
October 21, 1996, Monday, HOME FINAL EDITION
SECTION: NEWS; Pg. 17A
LENGTH: 1139 words
HEADLINE: Congressional hopefuls feel driven to run Abortion issue adds tension
to Pouland-Sessions contest
BYLINE: Sherry Jacobson, Staff Writer of The Dallas Morning News
I
BODY:
Republican Pete Sessions hushed a boisterous crowd of ~ifth- and
sixth-graders one morning recently with the story of why he has sought a seat in
Congress sq relentlessly· in the past five years.
He recalled that his father, former F~I Director William Sessions, told him
as a boy to "dream the wildest dream you··can think of" and then pursue it.
I
"Sooner or later when you get to be about 4 0 years old,: you get to be'· what
you want to be," said Mr. Sessions, now .41 and the Republican nominee in the 5th
'
Congressional District race.
In his third bid for a congressional seat since 1991, Mr. Sessions exudes a
confidence that he will finally realize his dream of going to Washington, D.C.,
on behalf of the people.
But so does his Democratic challenger, John Pouland, who discovered politics
at roughly the same age when he delivered newspapers for The Garland Daily News
and The Dallas Morning News.
"I started reading about public affairs in the newspaper when I was a
paperboy because I had a lot of interest in history," said Mr. Pouland, 42, who
is making his:first bid for a seat in Congress after deca~es of managing
campaigns for fellow Democrats. He was chairman of the Da·llas County Democratic
Committee in 1989 and 1990.
:
...r!.!ti\lnever:::even:. thought
I
wanted .to be a member ·of Congre ss: until- my party:.' and
1
~~~t~l:~~I~§1;i~d.:'!~.frr~t:?F~<r~~~-~d'~tliEF;;,taiJ1e~_::_an·:·.-~~P.~l~n·~·~~-:f>~?!9"i~!;:~·~I{~{t1~;:;.:0:·heE;.,sa:t~.
~~~!b~*~i.~gi~~~~~~*~~~~1&.~'agb~~---~~f:~~I~~·\:h;l}[ij4~l~~-";!1Pe~1n~a~l1fet1me··opportiin'1ty
But the debate has broadened and suddenly become heatedi in the 5th District,
a sprawling configuration of 11 counties reaching from the Dallas' Lake
Highlands and Lakewood neighborhoods on the north to the outskirts of College
Station, 130 miles to the south.
'.
Last week, Mr. Pouland launched an attack on his Republican opponent,
accusing him of flip-flopping on abort~on between his first unsuccessful
congressional bid in the Jrd District and the current race: in the 5th District.
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THE DALLAS MORNING NEWS , October 21 , 19:9 6
11
Mr. Pouland produced a 5-year-old letter, signed by Mr.: Sessions and calling
him "pro-choice." The letter went to "pro-choice" voters, urging them to take
their friends to the polls to vote for Mr. Sessions, who opposed "this very real
threat to the rights of women."
Mr. Sessions does not deny signing the letter but maintains that he has
always aligned himself with abortion opponents. He says he was mistakenly
lab,led a$ favoring a woman's right to an abortion in 1991: because he did not
support a constitutional amendment .that would outlaw abortion.
I
"Abortion is not an issue in this campaign," he said of.the current race.
Rather, Mr. Sessions says he wants voters to consider his position on three
abortion-related issues likely to come up in Congress in t~e next two years.
I
Mr. Sessions said he would prohibit government funds from being used for
abortions, would require parental notification when minors~sought abortions and
would outlaw late-term, or partial-birth, abortions.
But the Democratic candidate said Mr. Sessions' apparently changing stance on
abortion is indicative of how much he waffles on controversial issues to keep
his pursuit of Congress alive.
"People are suspicious of people who run continually for office because their
objective is just to win," Mr. Pouland said. ·
"They will give an answer that sounds pro-choice' or prd-life' depending on
I .
who's asking the question. They say what they think peopl~ want to hear and not
what they stand for."
Mr. Sessions insists that his political positions have
years, including his position on abortion.
~ot
wavered over the
However, he acknowledges undergoing a change of perspect:i ve in the past two
years.
The 1994 birth of his second son, Alex, who has Down syndrome, has caused him
to "rethink and rearticulate. everything," Mr. Sessions said:. The disorder is
characterized by mental retardation and physical defects.
"I'd had no real-life experiences even though I'd had one baby born," he said
of how he's been affected by Alex's birth. "I completely understand the whole
life issue now."
The two candidates. do agree on some issues, including the need t~~e7 the
~ edera~ budg7-t: tt B<?!;~.~i~P_iriP~_g::I:~~9,~.<::.-~:;_.··.~~~,s-.ize_·' of the" federal··. ~ureau~6-t>acy, ·
.
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~Including·.oel1m1nat1ng":?tlje~I:>epCi:J;"j;':~n~n:t::;;_"of:c':C9Il\ffi_e:r:s::,e'-.
Beyond that, there are
l~t~ . ~~ --~~s~~re~:en~s.
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Mr. Sessions would make further cuts into the federal bureaucraQ~ by closr.g
the U.S. Department of Education, saying he prefers to make.local so ool
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THE DALLAS MORNING NEWS, October 21, 1996
12
districts responsible for education.
Eliminating the two federal departments would give the.government $so
billion a year, almost enough to pay for a 15 percent tax;cut for Americans, he
said.
"People who get up and go to work every day deserve the right to put that
money in their pocket," Mr. Sessions said.
Mr. Pouland takes the position that such a large tax cut would make it
impossible to balance the federal budget. He favors cutting more federal job in
Washington, and requiring European countries and Japan to 'contribute to the cost
of U.S. military bases abroad.
1.
i
"I want a reduction in foreign defense welfare because :these countries are
rich enough to afford to pay," Mr. Pouland said of the issue that he feels "best
distinguishes" the two candidates.
Cutting foreign defense would be a risky proposition, Mr. Sessions said.. He
.maintains that Mr. Pouland really intends to close all U.s .. bases in Europe,
leaving specially deployed American troops, such as those in Bosnia, without any
back-up support.
Mr. Pouland denies that.he has any such intention.
tan~i~~i;0~~~iB·e~~-r~~f_~,~¢1.~~~~~w~I.~w~~-~~:~~~·~~·~·~·~.~~.~.t~-~~t,t·~a~:~~~~-4~~~-6~a~?~· are
Ses·srons';·crific'fz'e(f'~saying. it
jeopardizes·' pr'{vate property' rights.
"Their·. core belief _is that. the government .has a right and obligation to go on
people' s·'-pr ivate-:-pr:operty ·.and:. make-"a" determiifati()'ri '''if"shm'ething· is~~-:wfong',.
without any compems·ation: to the" landowner," Mr-~·--· Sessi6ns'~saTd.';::o:f1:-the':sie.rra
G1ub ;~;;.-,...,c · .
.
.
7
. Asked to specify when that had happened in the 5th District, Mr. Sessions
said he did not know of any such instances. "I heard about some problem with
the golden cheeked warbler a few counties over," he said, referring to an
ongoing dispute over preserving the native habitat around Austin for the rare
bird.
-
I
M_r .. Pouland- said- the_ Sierra Club does not oppose priyate property rights but
acts as. an "'a'dvocate for 'iarger 'erivirorimental iss\i~s a!lcf 'enda:qg'ered species.
i
"Nobody is against property rights," he said. "But just because YQJl~QY[Il
property doesn't mean you can do something that will damage your ne-.t'§lioor/{rs·~
q_~"
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property."
,I
CORRECTION-DATE: October 22, 1996, Tuesday, HOME FINAL EDITION
I
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CORRECTION:
On Page 20A of Monday's Metropolitan section, a story misstated 5~~
Congressional District candidate John Pouland's stand on abortion hecause
editing error. The Democrat is an abortion-rights supporte~. A rel~
appears on Page 19A.
p
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THE DALLAS MORNING NEWS, October 21, 1996
GRAPHIC: PHOTO(S): 1. John Pouland. 2. Pete Sessions.
LANGUAGE: ENGLISH
LOAD-DATE: October 29, 1996
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LEVEL 1 - 88 OF 217 STORIES
Copyright 1996 The Dallas Morning News
THE DALLAS MORNING NEWS
October 26, 1996, Saturday, HOME FINAL EDITION
SECTION: NEWS; Pg. 33A
LENGTH: 715 words
HEADLINE: Sessions, Pouland trade jabs on crime Democrat calls opponedt•s
allegation goofy,• defends record as criminal attorney
BYLINE: Sherry Jacobson, Staff Writer of The Dallas Morning News
"I have more knowledge and experience now of how we can be tougher.," Mr.
Pouland said. "I can't be soft on crime because I support putting 10o;ooo more
police officers on the street and I have the endorsement of Texas police
associations."
I
Mr. Sessions countered that his involvement in·cbmmunity programs makes him
better able to handle the drug crisis. He cited volunteer work with the Boy
~couts, East Dallas Chamber of Commerce and Chuck Norris' Kick Drugs Out of
America effort in Dallas schools.
He offered a list of Mr. Pouland's drug cases, contending that defendants
were allowed to plead guilty and receive probation and that they later pommitted
more serious drug crimes. Mr. Sessions provided only one documented case in
which that might have happened.
The 1982 case involved a Lake Highlands man, represented by Mr. Pouland, who
was sentenced tO three years' probation for possessing 4 Ounces Of mar~]Uana.
Nine years later, the same man was arrested and charged with possessing'28
ounces of cocaine; the charge was dropped because of an illegal search.
Mr. Pouland said he was delighted that Mr. Sessions coulq find only one case
to question. His opponent, he said, appears to be attacking the right to legal
representation.
WJC LIBRARY PHOTOCOPY
�THE DALLAS MORNING NEWS, October 26, 1996
I
"A lawyer represents people regardless of what they're charged with,"
the Democrat, who handled about 800 criminal case~ in Dallas County from
1990. Records show that 191 of those cases, or 23 percent, were related
charges - mainly possession of a· controlled substance or possession of
marijuana.
Mr. Sessions said he did not dispute the right to counsel. "But t~at doesn't
mean I want a criminal defense lawyer representing me in Congress," said the
41-year-old retired Southwestern Bell manager, who now manages his own
investments.
Mr. Pouland noted that he once handled a broad spectrum of criminal: law.
Records show that most of the drug cases came to him as a court-appoin,ted
attorney for indigent defendants.
I
"The nature of being a young defense lawyer is that you.take a lot 'of cases
because you're getting trial experience and you believe these people deserve
representation, just like wealthy people do," he said.
I
Records also show that Mr. Pouland handled two-thirds of his drug cases after
I
he had practiced law in Dallas for more than five years.
Mr. Sessions said he was concerned that so many of Mr. Pouland' s cl,ients
appeared to have received probation for drug-related crimes. However,: he
offered no proof.
Mr. Pouland, 42, who has handled a few legal cases since working for the
I
state and federal governments in recent years, said probation often goes to
first-time offenders who "deserve an opportunity to change their lives." He
accused Mr. sessions of not understanding how punishment is determined:.
"People who defend you in court don't set your punishment," he said~
I
"Everybody I represented got the punishment they deserved, based on a judge and
a jury or an agreement between the district attorney, the victim, the accused
and the judge."
I
A spokeswoman for the Dallas Bar Association also defended the use of
probation in first-time drug arrests that tend to involve "young peopl~
victimized by drug dealers."
"We're not trying to get these people freed," said Kalen Donnelly, *criminal
defense lawyer who sits on the association's Judiciary Committee. "We try to
find ways to get them away from drugs, to rehabilitate them rather then just
throw them in the pen."
CORRECTION-DATE: October 27, 1996, Sunday, HOME
F~NAL
EDITION
CORRECTION:
On Page 37A of Saturday's Metropolitan section, a photo was misidentif~ed as
Republican congressional candidate Pete Sessions. The correct photo appears at
left (on p. 2A).
GRAPHIC: PHOTO(S): 1. Pete Sessions • • • Republican congressional candidate
assails opponent's defense of drug suspects. 2. John Pouland • • •
Democraticlawyer says Mr. Sessions seems to be attacking the right to counsel.
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THE DALLAS MORNING NEWS, October 26, 1996
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LOAD-DATE: November 23, 1996
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3RD STORY of Level 1 printed in FULL format.
Copyright 1996 The Dallas Morning News.
THE DALLAS MORNING NEWS
November 1, 1996, Friday, HOME FINAL EDITION
SECTION: NEWS; Pg. 28A
LENGTH: 381 words
I
HEADLINE: Pouland accuses Sessions of illegal' fund raising;
5th District candidate also says opponent has sensational~z~d' abortion issue;
rival doesn't respond
BYLINE: Sherry Jacobson, Staff Writer of The Dallas Mornin:g News
BODY:
The decibel level in the 5th District congressional race was cranked up
Thursday as Democrat John Pouland heaped more accusations bn Republican Pete
Sessions. ·
\
. ~!1f~!!.J?~9..:\!land~L~9..9Y§.~<l.Jl ~s~: OJ?PQJ:l:~.!!~. ;~h~-~.9.~¥· ,~C?.f~ . ~tSS~Et:J-~<i!':':~~;""?..~0-,. 0 0 O..:;;:d!:l...
•:;:J)"~~~J-"~~"9?-...mP.a ~gn"~con tr 1but 1PJ1§?;;_~J.!c:!c:'..9..~~-~.~~.!.9.Et~~~!.!g·c: ~}}~~~· ~~~tl.RIL. debat~ .. by
~;~!}_g_.!n.g~ g,....,,:~s..ensationalized!!::;,brochurec
to'• select~d,yqters.
•
"He's trying to have it both ways, " Mr. Pouland · said. '.'He won't discuss his
stand on abortion for mainstream voters, but he puts out a·sensationalized piece
to get out the vote. It's dishonest."
I
Mr. Sessions would not comment on the brochure or the ali>ortion issue, said
his campaign manager, John Marlow.
:
· (j/~T~~":~-}:>s.oc;:~-~~~~~srt~"~:I{t.1J:~t~:Wt:~.:c~:~:g~~-]:<?,ni3.i::~s~i>:P§~~-sr:p~gi~ra,t_~2.-P:;}~:'31}~~.~Eg
Pouland has• said•the'. 'lSSUeshouid. oe .....left t'rto
'
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The Sessions. brochure includes a graphic description of a late-term abortion
from the point of view of a nurse named Brenda Pratt Shafer., who stated that she
was present for such a procedure in 1993.
Ms. Shafer gave the same description a year ago at a Senate committee
hearing, asking senators to pass a law prohibiting late~term abortions.
The House and Senate eventually passed a law banning abortions in the last
trimester, but President Clinton vetoed it.
Mr. Pouland also accused Mr. Sessions of filing fraudulent reports about the
contributions he's accepted since August, when their race was declared a special
election. A spokeswoman for the Federal Election Commission said a September _
ruling admonished special-election candidates to stop colle6ting money for the
general election since those candidates were no longer participating in it.
The ruling allowed candidates to take money to pay off primary election debts
or to pay.for the special election. Individuals can contribute up to $ 1,000
per election cycle; political action committees may give.$ 5,000 per election.
'
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THE DALLAS MORNING NEWS, November 1,
PAGE
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Mr. Marlow said Mr. Sessions' campaign was never notified of the restriction.
"As far as we know, we haven't done anything wrong," he said.
'Mr~·::::popland~--·said~he-:-: was not satisfied ~.ith, that· eXplanation.
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$ 200,000. mistake on .?Hl. $ 800, ooo. budget· is not
thetkir@i§.£.3;;J>~~#~C>n·-~\<{e~ne·~d_ ~(il~n?~Iig .
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- -:-.:::::.-:';, :..:- •. -··>··
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LANGUAGE: ENGLISH
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Arf.~k_, pr.:-!-J~+
Copyright 1996 The Dallas Morning News
THE DALLAS MORNING NEWS
~:('-f~.r
November 3, 1996, Sunday, HOME FINAL EDITION
.Ill< 5'o JR..... rvl
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SECTION: SPECIAL; Pg. lOR
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LENGTH: 537 words
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HEADLINE: Sessions rerunning tactics from '94 campaign Republican spar:s with
Pouland for Congress
SERIES: ELECTIONS: 1996 VOTERS' GUIDE
BYLINE: Sherry Jacobson, Staff Writer of The Dallas Morning News
. :.
BODY:
Republican Pete Sessions hopes to convince voters in the 5th Congressional
District that this race is a rerun of 1994, even though his opponent this time
is Democrat John Pouland and not outgoing U.S. Rep. John Bryant.
"They are the same person," Mr. Sessions said. "They are liberals.i They've
run as liberals. They are trial lawyers. They are both the same ideological
person."
Mr. Pouland said he takes exception to the idea that he is Mr. Bryant's twin.
"John's a little older, and I'm a littl'e taller," Mr. Pouland said ~n the
jocular style he has honed on the campaign trail.
'
"Seriously, no two people are the same. My balanced-budget stance is .. · .
Mr. Bryant· s • r<::~tl~~~pge~-;_: :.;~.:.l,.~t~~-;};~#~'.'_f:N_-Yiiling to
!I~:~&ttl~·f·~::~~~~:::-;;;:t:
In the same vein, Mr. Pouland is trying to cast his Republican opponent as a
clone of House Speaker Newt Gingrich.
Mr. Sessions "was recruited by Newt Gingrich," Mr. Pouland said.
"He supported the speaker's budget, and he brought him here for a
fund-raiser. He will be a Newt Gingrich vote."
Mr. Sessions says he agrees with Mr. Gingrich on key issues but says Mr.
Pouland invokes the comparison because the speaker "has been neutralized out
like Hillary Rodham Clinton."
'
Despite Mr. Gingrich's unpopularity in public opinion polls, many of the
Republican leader's ideas have been embraced by Democratic candidates, ,including
Mr. Pouland, Mr. Sessions said.
Mr. Gingrich "was the father of the revolution," Mr. Sessions said.
it is a scare tactic."
"I think
. >;,::f~~~-~~~~~i~~;.~,S,~B4-t~,~~.~~,:~~~~~Et 1 ~,h~t. y~a~an~ in~ ~t~e ~ ~~~~-:re.~, ,p~g~-~~-;-,~-~--';!:.~e:. ,m?s~ _
1.mportant 1.ssue fac1.ng the next Congress,· they d1.sagree -on -. ho\ol. .,1.t· shoui.~ be •.
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THE DALLAS MORNING NEWS, November 3, 1996
accomplished.
•;,~lll11~~~1t~;t~~!~~~~~Jtl~-'~'i1&t.
Mr. Sessions said he would not touch military spending but support~
eliminating the departments of education and commerce, cutting about $ 83
billion from the budget.
The abortion issue also divides the two candidates, with Mr. Poularid calling
himself an abortion rights advocate and Mr. Sessions saying he is an abortion
opponent. They also do not agree on the importance of the issue to 5th District
voters.
Mr. Sessions says voters should not be concerned that a Republican-controlled
Congress will attempt to outlaw abortion, even if Bob Dole, another abortion
opponent, is elected president.
"The whole abortion issue has radically changed," Mr. Sessions said, noting
that Congress has addressed only tangential abortion issues such as
taxpayer-financed abortions,· parental notification and late-term abortions'.
Mr. Pouland said he thinks voters have a growing concern about abo~tion
rights because the Republican platform calls for an amendment to outlaw
abortion.
"I am asked how I stand on that question about 12 times a day," he said.
expect the Republican Party will want to push its platform for a pro-~ife
amendment to ban all abortions. It's a concern to more than women."
"I
GRAPHIC: PHOTO(S): f BIO(S): 1. Pete Sessions. 2. John Pouland. CHAR~(S): (DMN)
5th Congressional District Issues Watch. MAP(S): 5th Congressional District
Issues Watch.
LANGUAGE: ENGLISH
LOAD-DATE: November 6, 1996
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ate for Regional Administrator, Region 7 _
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John c. 'Poul~d ·is currently the
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. Questions Abo~t Cmitributions ·
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On Marchio, 198~. the UNITED PRESs lNTE~AtlONAL -reported that Texas
State Senator John Sharp, a candidate for the Railroad Cominission, acdused Mr ..
Pouland, also candidate, of inflating_ campaign contribution reports .. 'senator Sharp.
stated that he received a bank statement and, an anonymous letter which claimed that.
Mr. Poulatid never received or intended to receive a contributiob. of $l00,000 listed
on his campaign _finance report: .According to
ap,onymous ·lett.er, Mr. Pouland had .
· . tried·. to make hiniself lobk like a credible. candidate by calling three friends in .·
·
December and asking if he. could use .therr nam~s to designate ~uge Sunis of inoney
·from tliem as contributors to his campaign. -The letter stated that he had only · . coUected $26,000 at the end of 1985. Senator Sbai:p was ·quoted, "Apparently,' he
'(Pmilarid) has no financial 8upport~- anci his whole candidacy is based. on a, _fraud
perpetrated on the 'people of Texas."· Mr. Pouhmd claimed that the contribution was ..
in ·the form of three cP,eclcs. from persona,! friends; whic]l he. .had in. hi,s. posses:siori. but·.· ...
. ~had not deposited.· Mr. Pouland'explained;: "I did not deposit' them:. Instead, I held ·
to. them in the thinking. that if Shatp_ ·agreed to the campaign fmance ·lit;nitatious I .·
.· · later prop_osed, I wo~ld be 'require~ to .~etilm ilii cb,ecks.: l indl!ded them_ on my :: ._ .
· ·· campaign report because I was required to by. law." However; Senator Sharp aUeged .
· that Mr. Pouland -had adrilitted to a tbird party that listing the money OJ! the campaign
. report was .a game·" to show financial support. Senator Sillup questioned whether ..·
Mr. Pouland could be trusted iil. one of the most .powerf\11 offices in sta,te government
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·and accused him of deceiving the people of Texas and his·o~n'S1J.pporters . .· .
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:cmit~oversy over the Timiilg of .the· Destruction of Telepl10ne Records
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On May l9, 1992, the Hous~oN C:EIRONH:LE reported that Mr.· Pouland, as·
Executive Director of the Texas General Services Commission, announced that state
officials would begill quickly destroying telephone records of' local calls made on state
pho~es. j He annou:llced that these records would be destroyed weekly_ nither than.
m~nthl~·- as had been ~e practice, in order t~ save money by using less .computer
No biogl-aphic;tl infortnation was available at the tim~ of the writing of _this
· public record vet.
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· tape. . the .article reported that, if thj.s. practice had been in place ·siX' inqnths. earlier,.
·two· highly :publicized· incidents of miSc6¢uctby ·public offi~i.als might bave gone · ·
undetected because the telephon6 iecoras revealed the misconduct. ··One Of the · ,
·.·: mstanceSI)f offidai pUSCOnduct mvolv~dthe~S~ ~fstate phones. 0~-~~te:tiJne.I?y. r ·.
·. Commissioner GarrY .Mauro and his ep:I.ployees .to ·campaign for President Clinton~ .
. The artiCle .po_inted::outthat Mr. J;>ou~anC.nka ldngthn~ Deinocratic·;_Pamr _activist wh~
had wor).(ed_witli Commissioner M~uro:ln..a)978 U.S. Seriate campaign.. ·._. .. ·,·. · .· ·
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On May f,O, 1992, the HOUST.ON CltRQ~CLE criticized th~:·charige;-~ policy :
"saying that it' is irrelevant that this is ·a C()St.;.saving.' measure because ;"[t]1J.is is a case·
. .· were. cost.-• it ~S not latge ~- is seco:n<iarY'to~ honest govermD.ent. A.fi·.editorla~ in.tlie
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_>;,~ July 6, 1992 HOUSTON .CHRONICLE further ... . . .the move saying;· ' .tl;le General'.
cdticized
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Services Commission's speed-up decision appears to be nqthing more,,.thari an attempt" ·. · ..
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. to help cover up. any future misuses o_f state t~lephones, state. resources _3-?d state
·. . ' .'
employees' time." .The editorial also said,_:_ The. initial decision· to· hurriedly·. destroy ··
.,
possible evidenc~ was appare~tly made by _the executive director ,c)f th~ General,. _· 5'~L ~Services Commission, Jobil Pouland.": This_ also ~amed Mr. Pouland a pl~ce_ o_n the
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"Otit" list in the December 21, 1992 TEXAS LAWYER.
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The Marcli24~ 1994, HOUSTON CHRONICU~ revealed that Mr. ·Pouiand and
·General Services Copmrission had decid~d to .stop lceeping any records . of tlie loc3.1 ··.
. .·
phone calls -now that they had phone. system that. could' !listmguish petween_long~ .·: .. ;
·. . . . distance .and -local calls. · A~corcfingto· ¢;e· articl~ •. Ml: .. Pouland "says·]1e sees no··- . . · . :.· --:-: .
. _ -\Vorthwhue public reason for ·ke¢piil.g'rec9rdS :oflocal.calls,b¢cause'
calls COSt th~: 2 ....
·. :_state no nioney. '!: . Hdweve~.: the ~~1~ b~gan by sayi.fig; "It. may ·Cs{)o~: become' even ·.• : ' . _ '. j::".
_.
more di,fficult to 'fmd out whether state el~cted official and their employ~es'abuse their .. i.- . '. ·....:
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·_time on the stat~- payroll by making personal and political telephcnie calls·.~·. .· ·.
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. · · . · ·The September 5, 1992 HousT.oN t;HRdNICLE_reporte{thaithe Texa,s · ·.
· · Coalition of Black Democrats had discovered that the state-hllu issued105;430~ · ·
contracts to 'vendors,- 3,832 of those .issued_to vendors listed ."disad-vantaged .
business enterprises (DBE)" operated by. women or minorities,· but only 15-·were
black. In response to· this and urging by then-Governor AnJl. Richards· to increase;
minority contracts, ;Mf. Pmiland stated, "The.DJ3Es·; minority, woineii and·.small
businesses have historically been shoit.;.chariged and it's time to _change. it for the
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WJC . LIBRARY PHOTOCOPY '
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. · Mr; ·Poularid was rujni¢d :as a .defencia.ntin tQ.e law~it, Witherspoon v.:
..
'. Pouland, 784 S.W_.2d 951 (Tex. App. 1990);- where the plaintiff; Gregory A.
. .. ·
' ·. . ·~.. Witherspoon, sought tO'COmpelMr,.. Pouland~ who was Chait of th~· Dallas.··co,unty '
office of .
.• .-· 'Democratic Party; .to place· his. name: oil tbe· baU6t .as a candidate .for'
.:.- .· ••- · : · ·.: Dall~s County· _:Dem.ocrati~· P~ Chair. 'Mr: Pmilahd ·had. rej~cteci Mr.·:·~Witherspoon'·s . ·
. ·appli;cation io be p,lace~ ·on the ballot bec~~s~: '.'probable cause :exists:to believe that .·
. said application containS a false oath;" .rh.e p~obable cause alleged· was :the fact that
·.Mr. Witherspoop. was .3:, Stipporter of Lyll~OD; LaRouche;. who ~dvocates...the apolition
· · of the demcicratiC forni of gove~ent.' · Oiveii 'this silpport~ ·Mr. Pou1at;l· argued that
., . Mr. Witherspoon ~ould not ruppoit the ia:Ws _aild constitu.tioi:J.s ofth~ State· ()f Te~as '
.. and of the Umted States, as . requil;ed.iil th~ oath:. The co'urt found that'Mr. · . . .
order~d ·
. . . Witherspoon. Jiad adear legai right 'to. have· his i;mnle placeci on -th~ ballot
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· Aside.fi;om the above,·afimited.ievlew ;of the available·public ~ec~rd r~~ealed·
_.no information that might bear:negatively on Mt. PoUlan~'s candidacy, generate
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disqualifY J).im. from ser\Ting_ Regional Adm.iliisirato:t; of Region 7 in.
..controversy;
· the GenetalSer_vices Agency'. · ~ . ~ .. ·· ·.. · . : . ·. · . · . · · . . ... · ··.
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WJC LIBRARY PHOTOCOPY·
.. ·
�Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
AND TYPE
SUBJECT/TITLE
DATE
RESTRICTION
Post-it Note (home phone numbers) (1 page)
u.d.
Peifo(6)
2./11/1997
n, P5fo(6)
003. questionnaire. •Interview of Proposed Presidential Sub-Cabinet Appointee- John
Pouland (10 pages)
2/11/1997
P2, P67b(5)
004. questionnaire
Follow-up Interview of Proposed Senior Executive Service
Appointee: John Pouland (3 pages)
12./6/1996
P2, PMo(6)
005a. report
John C. Pouland (3 pages)
01/15/1997
P5
C/J'l
005b. report
John C. Pouland (3 pages)
02/13/1995
P5
q Jg'
006. report
John C. Pouland (3 pages)
01/15/1997
P5
007. questionnaire
Interview of Proposed Senior Executive Service Appointee John
Pouland (8 pages)
1-2/6/1996
P2, PG,£8(6)-
008. questionnaire
Personal Data Statement (7 pages)
-ll
009. questionnaire
John Corbit Pouland (4 pages)
tfl0l1997
P6/bt6}-
010. form
Vetting Form (1 page)
n.d.
P5
0 11 a. letter
Stacy Reynolds to JohnPouland (1 page)
1/6/199~ ...
.P.~. P!j,~~
001. note
002:memo
Stacy Reynolds to Kathleen Whalen and Peter Erichsen re: Results (3
. pages)
d
q,q
P2, P6/.9(6)
~;(O
COLLECTION:
Clinton Presidential Records
Counsel's Office
Schaffner, Jane
OA/Box Number: 18870
FOLDER TITLE:
Pouland, John C.
Dana Simmons
2006-0454-F
ds260
RESTRICTION CODES
Presidential Records Act- [44 U.S.C. 2204(a))
Freedom of Information Act- [5 U.S.C. 552(b)]
Pl
P2
P3
P4
b(l) National security classified information [(b)(l) of the FOIA]
b(2) Release would disclose internal personnel rules and practices of
an agency [(b)(2) of the FOIA)
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
b(4) Release would disclose trade secrets or confidential or financial
information [(b)(4) of the FOIA)
b(6) Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
b(S) Release would disclose information concerning the regulation of
financial institutions [(b)(S) of the FOIA]
b(9) Release would disclose geological or geophysical information
concerning wells [(b)(9) of the FOIA]
National Security Classified Information [(a)(l) of the PRA]
Relating to the appointment to Federal office [(a)(2) of the PRA]
Release would violate a Federal statute [(a)(3) of the PRA)
Release would disclose trade secrets or confidential commercial or
financial information [(a)(4) of the PRA)
PS Release would disclose confidential advice between the President
and his advisors, or between such advisors [a)(S) of the PRA)
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(a)(6) of the PRA]
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.C.
2201(3).
RR. Document will be reviewed upon request.
WJC LIBRARY PHOTOCOPY
�Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
AND TYPE
Ollb:
DATE
SUBJECTmTLE
RESTRICTION .
Personal Data Statement Questionnaire (9 pages)
questionnaire
012. Waiver
Tax Check Waiver (partial) (2 pages)
l2/I0/9a
P6/b(6)
013. memo
To: Eugenia D. Ellison re: Tax Check Report (1 page)
12/13/1996
P6/b~6)
014. profile
CampaignBio (partial) (1 page)
ad
P6fb(6)
015a. note
Post-it Note: From: "JB" (Jana Blair) (1 page)
.-Y%2/1~~5
P6fo(6)
015b. memo
Jima Blair to Beth Nolan and Marvin Krislov re: Interview (4 pages)
·Ul5Ll225
~~. ~6lb(6}-
016. report
John C. Pouland (3 pages)
02/13/1995
P5
017. form
Employment Eligibility Verification ( 1 page)
2115/1995
P6fb(6)
018a.memo
John C. Pouland to Office of Counsel to the President (3 pages)
2tl~~j
P6fo(6}--.
018b. profile
John C. Pouland (partial) (1 page)
019. questionnaire
Interview of Proposed Presidential Sub-Cabinet Appointee (8 pages)
020. questionnaire
Personal Data Statement (7 pages)
...uw/-t995
CjQ.
l
P6fo(6)
COLLECTION:
Clinton Presidential Records
Counsel's Office
Schaffuer, Jane
OA/Box Number: 18870
FOLDER TITLE:
Pouland, John C.
Dana Simmons
2006-0454-F
ds260 ·
RESTRICTION CODES
Presidential Records Act- [44 U.S.C. 2204(a))
Freedom oflnformation Act- [5 U.S.C. 552(b))
PI National Security Classified Information [(a)(l) of the PRA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA)
P3 Release would violate a Federal statute [(a)(3) of the PRA]
P4 Release would disclose trade secrets or confidential commercial or
financial information [(a)(4) of the PRA]
PS Release would disclose confidential advice between the President
and his advisors, or between such advisors [a)(S) of the PRA)
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(a)(6) of the PRA]
b(l) National security classifi.ed information [(b)(l) of the FOIA)
b(2) Release would disclose internal personnel rules and practices of
an agency [(b)(2) of the FOIA)
b(3) Release would violate a Federal statute [(b)(3) of the FOIA)
b(4) Release would disclose trade secrets or confidential or financial
information [(b)(4) of the FOIA)
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA)
.
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) ofthe FOIA)
b(8) Release would disclose information concerning the regulation of
financial institutions [(b)(8) of the FOIA)
b(9) Release would disclose geological or geophysical information
concerning wells [(b)(9) of the FOIA)
C. Closed in accordance with restrictions contained in donor's deed
of gift.
·PRM. Personal record misfile defined in accordance with 44 U.S.C.
2201(3).
RR. Document will be reviewed upon request.
WJC LIBRARY PHOTOCOPY
�Withdrawal/Redaction Sheet
Clinton.Library
DOCUMENT NO.
AND TYPE
DATE
SUBJECT/TITLE
021. memo
Director, Office ofDisclosure to Beth Nolan (2 pages)
022.
Acknowledgement
RESTRICTION
Regarding Intent to Nominate or Appoint (partial) (1 page)
COLLECTION:
Clinton Presidential Records
Counsel's Office
Schaffuer, Jane
OA/Box Number:
18870
· FOLDER TITLE:
Pouland, John C.
Dana Simmons
2006-0454-F
ds260
RESTRICTION CODES
Presidential Records Act- [44 U.S.C. 2204(a)]
Freedom of Information Act- [5 U.S.C. 552(b)]
Pl
P2
P3
P4
b(l) National security classified information [(b)(l) of the FOIA]
b(2) Release would disclose internal personnel rules and practices of
an agency [(b)(2) of the FOIA]
'
b(3) Release would violate a Federal statute [(b)(3) of the FOIA)
b(4) Release would disclose trade secrets or confidential or financial
information [(b)(4) of the FOIA]
b(6) Release would constitute a clearly unwarranted' invasion of
personal privacy [(b)(6) of the FOIA)
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
·
b(8) Release would disclose information concerning the·regulation of
financial institutions [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
.
concerning wells [(b)(9) ofthe FOIA]
National Security Classified Information [(a)(l) of the PRA]
Relating to the appointment to Federal office [(a)(2) of the PRA)
Release would violate a Federal statute [(a)(3) of the PRA]
Release would disclose trade secrets or confidential commercial or
financial information [(a)(4) of the PRA]
PS Release would disclose confidential advice between the President
and his advisors, or between such advisors [a)(S) of the PRA]
P6 Release would constitute a cJearly unwarranted invasion of
personal privacy [(a)(6) of the PRA)
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.C.
2201(3).
RR. Document wiU be reviewed upon request.
.
WJC LIBRARY PHOTOCOPY
�'' ~
.?1 i vifegea' and Cvnfidenzial
JOHN C. POULAND
Candidate for Regional Administrator, Region 7 (SES)
General Services Administration
John C. Pouland served as the General Services Administration's (GSA) Regional
Administrator for Region 7 from March 1995 to December 1995 (the same position for which he
is currently a candidate). He left the GSA for an unsuccessful run for Congress in 1996, losing to
Representative Pete Sessions (R-Tex.). During the Congressional campaign Pouland worked for
1
the Dallas law firm of Baron and Budd.
Congressional Campaign Contributions
The DALLAS MoRNING NEWS, on October 30, 1996, reported that Pouland was criticized
by GOP candidate Pete Sessions for accepting a $5,000 campaign contribution from the
Laborer's International Union of North America PAC for the 1996 Congressional campaign.
Representative Session's called the contribution troubling, asserting the group is "not your
normal labor union because it is controlled by organized crime." Sessions's criticism was part of
a nationwide GOP effort to draw attention to the union's political contributions.
Positions Contrary to Clinton Administration
The DALLAS MoRNING NEWS, on February 23, 1996, reported that then-candidate
Pouland pledged "to eliminate the Commerce and Energy Departments." In the December 30,
1995, DALLAS MoRNING NEWS, Pouland stated that he would be a "backer of the [Clinton]
administration when I agree with them" but that he would be "independent" and not overly loyal.
1
This article also reported that Pouland supports retroactive term limits.
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Mr. Pouland was born in Lufkin, Texas in 1954. He received a B.A. from the
University of Texas at Austin and a J.D. from the University of Houston, Bates College ofLaw.
1
From 1975to 1976, Pouland served as a Texas coordinator for the Jimmy Carter
campaign. From 1980 to 1992~ he practiced law in Dallas, Texas. During this time he worked ·
for Congressman John Bryant in 1985. He also served as the Chairman of the Dallas County
'Democratic Party from 1989 to 1990. From April1992 to February 1995 Pouland worked as the
Executive Director of the Texas General Services Commission.
WJC LIBRARY PHOTOCOPY
�''
Abortion Rights
In the .AMERICAN POLITICAL NETWORK on November 4, 1996 Pouland stated that the
legality of partial birth abortions "should be left to state legislatures" to decide.
Welfare & Social Security Reform
The DALLAS MORNING NEWS, on July 21, 1996, reported that Pouland supports welfare
. reform with mandatory limits on how long a recipient can receive benefits. The GANNETT NEWS
· SERVICE reported on May 30, 1996 that Pouland support social security privatization
experiments.
Tobacco Lobbyist
It was reported in the October 30, 1996 DALLAS MORNING NEWS that Pouland
acknowledged accepting $25,000 or more on retainer from Phillip Morris as an Austin, Texas
State Government lobbyist in a 1992 financial disclosure statement.
Telep4one Records
The HOUSTON CHRONICLE reported on May 19th and 20th, 1992 that Pouland, as Director
of the Texas General Services Commission, announced the Commission would destroy state
records of local telephone calls weekly rather than monthly to save on computer data space and
tape costs. Pouland's announcement came after local phone records had been used to reveal that:
1) U.S. District Court Judge James Nowlin had improper contacts with state legislators, and 2)
that State Land Office Commissioner Garry Mauro and some of his employees had used state
telephones on state time to campaign for then candidate Clinton in 1992. The Hous-r:oN
CHRONICLE emphasized it strained "credibility to believe the tw'o situations are entirely
coincidental and an accident oftiming" and criticized the announcement because "[t]his is a case
where cost-- it is not large-- is secondary to honest government." Pouland reportedly
acknowledged that reducing the time the records are kept would eliminate much of their
effectiveness as an investigatory tool.
In an editorial on July 6, 1992, the HOUSTON CHRONICLE concluded that the change in
telephone record policy was nothing.more "than an attempt to help cover up any future misuses
of state-telephones, state resources and state employees' time.·~ The editorial stated, "The initial
decision to hurriedly destroy possible evidence was apparently made by ... Pouland." The
December 21, 1992 TEXAS LAWYER placed Pouland on the ''out" list because of this incident.
!
.
.
On March 24, 1994 the HOUSTON PosT reported that Pouland and the General Services
Commission had decided to stop routinely keeping any records of the local phone calls now that
2
WJC LIBRARY PHOTOCOPY
�(
they had a phone system that could distinguish between long-distance and local calls. According
to the article, Pouland stated there was no worthwhile public reason for keeping records of local
calls because such calls do not cost Texas any money. However, the article began by saying, "It
may soon become even more difficult to find out whether state elected officials and their
employees abuse their time on the state payroll by making personal and political telephone
calls."
Oil Import Tariff- Relationship with Senator Gramm
As reported by UP I on April2, 1986, Pouland supported the imposition of an oil import
tariff while running as a candidate for the Texas Railroad Commission. The article further
reported that Pouland criticized Senator Gramm's opposition to such a tariff stating, "Gramm and
·his Republican buddies in D.C .. have abandoned the independent producers for giants like Mobil
and Exxon" and, "His ideology has blinded hinl to the needs of his constituency."
Affirmative Action
The HousTON CHRONICLE, on September 5, 1992, reported that the Texas Coalition of
Black Democrats had discovered that the state had issued 105,430 contracts to vendors, and that
3,832 of those were issued to vendors listed as "disadvantaged business enterprises (DBE)"
operated by women or minorities, but only 15 were African-American. In response to this and
urging by then-Governor Ann Richards to increase minority contracts, Mr. Pouland, as director
of the Texas General Services Commission, stated, "The DBEs, minority, women and small
businesses haye historically been short-changed and it's time to change it for the better."
During his campaign for Congress in 1996, the HOUSTON CHRONICLE on July 21, 1996
reported that Pouland favors affirmative action programs for colleges, businesses and
government based on economic need, and not on gender or race.
Aside from the above, a review of the available public record revealed no information .
that might bear negatively on Pouland's candidacy, generate controversy, or disqualify him from
serving as Regional Administrator of Region 7 in the General Services Administration.
3
WJC LIBRARY PHOTOCOPY.
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. . . . . . .JOHN ·po~AND
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Candidate for Regional AdminiStrator, Region 7, (SES).
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Generaf Services Agency
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John C. ·Pouland is currently the Exectitiv~ Director of the Texas G~ri.er;u_
· Services Coinmission. t·
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· . QuestionS Abou.~ Contributions. ·
On Mar~h io, 198~, the UNITED PRESs INTERNATIONAL ·reported that Texas
State Senator John Sharp, .a candidate for ·the Railroad Commission, accused Mr. · .
Poulanci, also candidate, of inflating campaign contribution reportS .. Se~tor Sharp
stated that he received a bank statement and an anonymous letter which claimed t;hat
Mr.· Pouland never received intended· to·r~ive a contributioti of $l00,000 .listed
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on his campaign _fmance report. According. to the anonymous letter,· Mr. Pouland had .
.
. tried: to make- hiniself look like a credible, candidate by calling three friends Jn .
December and asking if he could use .theii ilam~s to designate h,uge sUnis qfinoney
from them as' contributors to his campaign. The letter stated that he had onfy ·
coUected $26,000 at the end of 1985. Senator Sharp wasquoted, "Apparently;· he .
(Pouland) has no financial Support, and his whole candidacy is based on a _fra,ud . . .
perpetrated. on the ·people of Texas."· Mr. Pouland claimed that the contrlbutimi was .
..
in ·the form oftbree- che~kS from persona) friends; whicp he .bad in· hi~ posses:sio_ri but. .
1
. ~ had not deposited. ·Mr. Potiland ·explained.;- ' 1 (lid not deposit tb.em: :. IriStead; l. held :. : , .
., · .
· ~n to_them in th~ thinking. that if s~ agreoott;> tiie ~iunpaign·:~ee:ii.QJ,it-a#onsl .·:: .: :~·_,_. :.. ···:, · ·
.· . l_ater proposed, I would be.'requ~ed to .~etU.in_-tlie cb,eek:S.:: J:indlided t11ein oti,.Qiy,·:< ~-<>
··. ~anipal.gn report because I was tequirecl to by:. law." However~· Senator sliar:P: 3lieged ·.: ... ··., ,· : ,~. ._
that Mr. Poriland -had adi:nitted to a thi!d party tilllt listing•thejno~ey oi!the·cainpaign· ._; .: :_ .. -~
report was· a "game·" to show fmandalsupport. 'Senator Sharp questioned whether· , .· :
Mr. Pouland could be trusted ii1 one of the most powerful offices iri sta,te govenim.ent
and accused him dec_eiving the people of 'Texas and his o~n ~pporters .. :~ •. : .
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Conh-oversy ~ver the TimiDg of the Deskuction of Telepl10ne Reeords
On May 19, 1992, the HousT.oN CHRONICLE reported that :Mr.- Pouland~ ·as ·
Executive Diiector of the Texas General Serv'ices Commission, announced thit.t state
officials would begin quickly destroying telephone records of local calls made on state
phones. He announced that these records would be destroyed weekly_ rather than.
montJfY, as had been ~e practi~e. in order to save morey by using le.ss computer
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No biogtaphicill itrl'ortnation was available at t:he time of the ~riting of _this
public record vet.
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WJC LIBRARY PHOTOCOPY
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;tape. the .artic~e :reported th~t; if thi!{practice Im&beeri iii place· siX.mo.nths.iariie.r; ·.·,
two highly publiciz¢·J.llcidents of misco~uct by ·public offi~~als mighduive. gone · · _,.
unde~ected because the telephone records revealec\ tJ}e misconduct. ·O~e of the-' ,
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. instances of offid3.1 nli~conduc(mvolved the'~e' state, phones on'state·.time.by : . j:.::\_:.: .·' ..
. ·Commissioner' GarrY: Mauro and his ep:iploye~s-,,to ·c~paign .for 'President C~tori~.' . . ' ·:' .
.
Tlie artiCle' ·po.inted~~olit that Mr·: J;>ouland ~: aI6ngtlm.e ·De¢ocratic·.PartY ·.activist whq. ·.
had .
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On May~(}, 1992, the.HOUSTON.CFlRONICLE criticized.the·change . in policy· ·...... ~._,_~:::,.<.,__) · ..,·
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July 6, 1992 HpusTON CHRONICLE further criticized the move saying; "The GeneraL·. . . . __ . _. .. .
,Services Conlmissim1's ·speed-up decision appears.·to be notbingmore,:than attem.p('·:: ~:._,::,;_:±}\/:\:.:~~<:;;> ·
. · to help cover. up· any future niisuses ·of state telephones,· .state resources· and. state1 . :· ·: . := ::, .: .:::r::LU{~/'(\ .
':. employees' time) The ~ditorial also said,: "The. initial deCision hurrledly'.destr6y' -;: ·',;~f<;;;j;~~;[~·;::/·.
. possible evidenc~ ~as. appareJ?-t1y made bY. the executiv_e. director ,Q.f the Gene!al- ..: :: · :. \·, ~- '>·::;~;;;:/~:~~gfigH
.·services ColnlD.iSsion, John Pouland . ., · This also earned Mr. Pouland a place on the ,~ ,,,-.. <.::.::;:,::::.:·:::1~:·,·. ·
"Out" list in the Deeember 21, 1992 TExAs'LAwYER..
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The March24, 1994,HOUSTON CHRONICLE·reveal~d.thatM.f. ·Po~l~d at1d th~ . ::. :.·.,_.·=~._' :·~, ::.·:·
··General Servi~s Cojnmission had decid_ed to stop keeping any reco.rds o.f the local -· : ·. ~ . ,'.-:.':· .. ·:.-.:.
pho.ne calls. now that they· had. a, phone: system-.tbltt: coUld. ~:li~tiJiguish petweeri. :long~~·.·-'.:~ ·:;::.:'.: j}lf ~-:;.~/;i:;
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·. more difficult to.fuid but whether state·:et~cted officicil an~ thelr:e~ployees.;'abilse,:thejr ·<~::t:i;w~:::;1~&f~:::;t~i·.:~
.fun~ on the state payroll by mMcing personal and politicaltelephone calls·." ·· . · · ··· ·.').:·.~,''.<'./,··:;'::.:·>·:.::: ·
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On Arrrrmative Action
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.· '.-. ··. The September 5, t992,iJousroN CHRONICLE-. report~ .:thai _the Tex~s
· ···Coalition of Black Democrats~\! discovered' that the state.haais.sued.105,430
'contratts to v~ildors, ·3,832 of. those. iSsued to vendors listed :"disadvant:aged
:business ertterprises (DBE)". operated by women or minorities;: but only 15 were
:black. In· response to this and urging by then-Governor Ann Richards to increase ·
minority contracts, Mr. Pouland stated, "The DBEs, minority, women and .small
;businesses have historically been short-changed and it's time to change it for the
)_better. "
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WJC LIBRARY PHOTOCOPY
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_Poulaiicf; 784 :s.W:2d 951 (Tei:'App·.:J990); where the plaintiff; Gregory A:···.,_·.>,' :
Witherspoon, ·sought _to·conipel~i :Pouiand; whq was Chair _of tli~ Dallas·Co~ty·.: ..
. Democratic Party; ·to place·h!.s niune oil $e·bafi.ot as·a·caridi~te·:for'tlr~ offiee·of, . ·:\:• ...·· . · ·
Dallas ·Cou~ty' :r>em.ocratic P~ '·Cfu.ir: ·• -Mr~ Pmilahd :had_ rejected Mr:~, yYitb.er:spo·oi1'·s_ .·. · ·: . .· .
. appl~ation (o be place~ron the hillotbeeaus~·- '!.propabk.cause;existsto believe-that·· . ,- ·
-said application:cont:aiils a _false t;i~th· '\·1;'he:p~obable cause allegect·was 'the'facFiha( :~_·.·: · .
Mr. Witherspooii was a. stipporter o( tyndon LaRouche, who· advocates :the abolition=. ·.. ·,
of the. deiD:<Ycrat:iC. form. 6f gove~ent.. Oiven ·this sUpport, Mf. Pouiand. argttbd :.t:ruit .' . .
Mr. Witherspoon'could not support the laws .and constitutions th~·State.of Texas·.·._:·· .
. and of the UD.ited States, as _required in tlie.oath: The court fomici that'MI.' ". : ·_. ~:.· '_(, :··.
Witherspobn- Iiad a clear leg~ dght to hav~ 1rls D.ame placed on .the ballot ~d ·orcJ,ei~ .-·! i .....-·. ·
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Mr. Pouland tc)do ·sa.-·
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.. no inforinatimi that might beat negatively
Mr. Pdulan~'s cailaidacy, generate-:':: :- ·..
. controversy, .or disqualify him from se!Vmg Regional AdmiiiistratoJ: of Region _7 in-... ' .
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WJC LIBRARY PHOTOCOPY
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JOHN C. PO ULAND
Candidate for Regional Administrator, Region 7 (SES)
General Services Administration
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John C. Pouland served as the General Services Administration's (GSA) Regional
Administrator for Region 7 from March 1995 to December 1995 (the same position for which he
is currently a candidate). He left the G_SA for an unsuccessful nin for Congress in 1996, losing to
Representative Pete Sessions (R-Tex.). During the Congressional campaign Pouland worked for
the Dallas law firm of Baron and Budd.
1
Congressional Campaign Contributions
J>.
The DALLA~ MoRNING NEWS, on October 30, 1996, reported that Pouland was criticized
'0~&1. by GOP candidate Pete Sessions for accepting a $5,000 campaign contribution from the
• l:r.'.;t"borer's International Union ofNorth America PAC for the 1996 Congressional campaign
~~'~Representative Session's called the contribution troubling, asserting the group is "not your
\(II" normal labor union because it is controlled by organized crime." Sessions's criticism was part of
a nationwide GOP effort to draw attention to the union's political contributions.
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Positions Contrary to Clinton Admhnstration
tha~en-<:andidate
The DALLAS M?";'ING NEWS, on February 23, 1996, reported
!/
Pouland pledged "to eliminate the Commerce and Energy Departments." In the December 30,
1995, DALLAS MoRNING NEWS, Pouland stated that he would be a "backer of the [Clinton]
administration when I agree with them" but that he would be "independent" and not overly loyal.
This article also reported that Pouland supports retroactive term limits.
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1 Mr: Pouland was born in Lufkin, Texas in 1954. He received a B.A. from the
University of Texas at Austin and J.D. from the University of Houston, Bates College of Law.
a
· From 1975 to 1976, Pouland served as a Texas coordinator for the Jimmy Carter
campaign. From 1980 to 1992, he practice1law in Dallas, Texas. During this time he worked
for Congressman John Bryant in 1985. He'also served as the Chairman of the Dallas County
Democratic Party from 1989 to 1990. ·from Aprill992 to February 1995 Pouland worked as the·
Executive Director of the Texas General Services Commission.
WJC LIBRARY PHOTOCOPY
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Abortion Rights
In the AMERICAN POLITICAL NETWORK on November 4, 1996 Pouland stated that the
legality of partial birth abortions "should be left to state legislatures" to decide.
Welfare & Social Security Reform
·
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The DALLAS MORNING NEWS, on July 21, 1996, reported that Pouland supports welfare
reform with mandatory limits on how long a recipient can receive benefits. The GANNETT NEWS
SERVicE reported on May 30, 1996 that Poulan~port social security privatization
L
experiments. .
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Tobacco Lobbyist
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It was reported in the October 30, 1996 DALLAS MORNING NEWS that Pouland
acknowledged accepting $25,000 or more on retainer from Phillip Morris as an Austin, Texas
'~~ o~ ·..?state Government lobbyist in a 1992 financial disclosure statement.
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Telephone Records
The HOUSTON CHRONICLE-reported on May 19th and 20th, 1992 that Pouland, as Director
of the Texas General Services Commission, announced the Commission would destroy state
records of local telephone calls weekly rather than monthly to save on computer data space and
tape costs. Pouland's announcement came after local phone records had been used to reveal that:
1) U.S. District Court Judge James Nowlin had improper contacts with state legislators, and 2)
that State Land Office Commissioner Garry Mauro and some of his employees had used state
telephones on state time to campaign for then candidate Clinton in 1992. The HousroN
CHRONICLE emphasized it strained "credibility to believe the two situations are entirely
coincidental and an accident oftiming" and criticized the announcement because "[t]his is a case
where cost-- it is not large-- is secondary to honest government." Pouland-reportedly
acknowledged that reducing the time the records are kept would eliminate much of their
effectiveness as an investigatory tool.
In an editorial on July 6, 1992, the HousTON CHRONICLE concluded that the change in
telephone record policy was nothing.more "than an attempt to help cover up any future misuses
of state-telephones, state resources and state employees' time." The editorial stated, "The initial
decision to hurriedly destroy possible evidence was apparently made by ... Pouland." The
December 21, 199~ TEXAS LAWYER placed Pouland on the "out" list because of this incident.
On March 24, 1994 the HOUSTON Posr reported that Pouland and the General Services
Commission had decided to stop routinely keeping any records of the local phone calls now that
2
WJC LIBRARY PHOTOCOPY
�they had a phone system that could distinguish between long-distance and local calls. According
to the article, Pouland stated there was no worthwhile public reason for keeping records of local
calls because such calls do not cost Texas any money. However, the article began by saying, "It
· may soon become even more difficult to find out whether state elected officials and their
employees abuse their time on the state payroll by making personal and political telephone
calls."
Oil Import Tariff- Relationship with Senator Gramm
."'-6.<ff" .
As reported by UP I on April 2, 1986, Pouland supported the imposition of an oil import
~o\1.1'6, tariff while running as. a candidate for the Texas Railroad Commission. The article further
~ -~eported that Pouland criticized Senator Gramm's opposition to such a tariff stating, "Gramm and
C:,J~ ·his Republican buddies in D.C have abandoned the independent producers for giants like Mobil
,r._'J~ and Exxon" and, "His ideology has blinded him to the needs of his constituency."
~-~
!f~
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.
Affirmative Action
·
The HoUSTON CHRONICLE, on September 5, 1992, reported that the Texas Coalition of
Black Democrats had discovered that the state had issued.105,430 contracts to vendors, and that
3,832 of those were issued to vendors listed as "disadvantaged business enterprises (DBE)"
operated by women or minorities, but only 15 were African-American. In response to this and
urging by then-Governor Ann Richards to increase minority contracts, Mr. Pouland, as director
of the Texas General Services Commission, stated, "The DBEs, minority, women and small
businesses have historically been short-changed and it's time to change it for the better."
During his campaign for Congress in 1996, the HousTON CHRONICLE on July 21, 1996
reported that Pouland favors affirmative action programs for colleges, businesses and
government based on economic need, and not on gender or race.
Aside from the above, a review of the available public record revealed no information
that might bear negatively on Pouland's candidacy, generate controversy, or disqualify him from
serving as Regional Administrator of Region 7 in the General Services Administration.
January 15, 1997
3
WJC LIBRARY PHOTOCOPY
�(8-20-96)
THE WHITE HOUSE
WASHINGTON
Date.
To:
Federal Bureau of Investigation
Attn: Xl EADSU (Room 4965)
---
D SIGBIU (Room 4371)
From:. The White House
D EOP Security Office
n White House Counsel's Office
(1,
}
Subject's full name
Other names used (including birth, prior married, and nicknames) ---------...,....-------""'---
::··
Social Security Number
Permanent address
(also current residence, if different)
Place of birth
Date of birth
--------------------------...,....-~~
Current employer(s)
.
.
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SUBJECT'S CONSENT: I hereby authorize the FBI to provide the information specified below to the White, .House.·
.
.
.
.
(Date)
(Subject's Signature)
the
Request of FBI (Use of this form to request information developed by the FBI or contained in FBI files requires
subject's consent. Exceptions will only be permitted as authorized by the Attorney General/Deputy Attorney Generai.)
/~~\ . ·
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D
D
D
Name check (EADSU)
D Copy of previous report (EADSU)
Expanded name check (SIGBIU)
Full field investigation (SIGBIU) D Levell D Level 2 D Level 3
5-year reinvestigation (SIGBIU)
D Level2 D Level3
0 Limited update investigation (SIGBIU)
D Other (specify)
The applicant is being considered for:
D Presidential appointment
D Position requiring Senate confirmation
D White House staff position
.
D Access: D Detailee/other government employee
D Contractor
D Presidential recognition
Non-ca~Ai'>y FRS posi-t-jon
. ~ Other (specify)
Attachments: D SF-86 D SF-86 Supplement
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SF-87 ·,Fingerprint Card
Remarks/
special instructions:
I certify, subject to 18 U.S.C. § 1001, that the above is sought for official purposes only and I
understand that obtaining this information under false pretenses or any unauthorized disclosure may be a violation of
the Privacy Act, 5 U.S.C. § 552a.
Requested by:
This request has been reviewed
~d
(Signature) ·
approved by the White House Counsel's Office. ·
Approved by:
Signature (White House Counsel's Office)
1 -Original- To FBI
2 -Canary- To FBI (Return to White House)
3 -Pink- To FBI (Office of the General Counsel)
WJC LIBRARY PHOTOCOPY
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DETERMINED TO BE AN
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JOHN C. POULAND
Candidate for Regional Administrator, Region 1 (SES)
·General Services Agency
John C. Pouland is currently the Executiv~ Director of the Texas General
Services Commission. 1 ·
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Questions About Contributions ·
On March 10, 1986, the UNITED PRESS INTERNATIONAL reported that Texas
State Senator John Sharp, a candidate for the Railroad Commission, accused Mr. ·
Pouland, also a candidate, of inflating_ campaign contribution reports. Senator Sharp
stated that he received a bank statement and an anonymous ·tetter which claimed that ·
Mr .. Pouland never received or intended to receive a contribution of $100,000 listed
on hi~ campaign finance report. ·According to the anpnymous letter, Mr. Pouland had
tried to make himself look like a credible candidate by calling three friends in
December· and asking if he could use their names to designate huge sums of money
from them as contributors to his campaign. The, letter stated that he· Iuld only
collected $26,000 at the end of 1985. Senator Sharp was quoted, "Apparently, he
(Pouland) has no fmancial support, and his whole candidacy is based on fraud
perpetrated on the people of Texas." Mr. Pouland claimed that the contribution was
in the form of three checks from personal friends, which he had in his possession but
-had not deposited. Mr. Pouland ·explained, "I did not deposit them. Instead~ I held
· . on to them in the· thinking that if Sharp agreed to the campaign finance limitations I
· laterproposed, I would be-required to return the checks. I included them on my
campaign report because I was required to by law." i However, Senator Sharp aJ,leged
that Mr. Pouland had admitted to a third party that listing the money on the campaign
report was a "game" to show financial support. Senator Sharp questioned whether
. Mr. Pouland could be trusted ii1 one of the most powerful offices in state government
and accused him of deceiving the people of Texas and his o~n supporters.
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Controversy over the Timillg of the Destruction of Telephone Records
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On May·19, 1992, the IlOUSTON CHRONICLE reported thatMt: Pouland, as
.Executive Director of the Texas General Services Commission, announced that state
officials would begin quickly destroying telephone records of local calls made on state
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phones. He announced- that these records would be destroyed weekly_ rather than
monthly, as had been the practice, in order to save money by using less computer
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No biographical icl'ormation was available at the time of the writing of _this
public record vet.
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· tape. The article· reported that, if this practice had been in place siX months earlier,
two highly publicized· incidents of misconduct by public officials might have gone
undetected because the telephone records revealed the Inisconduct. One of the
instances of official _misconduct involved the 1:1se of state phones on state time by
Commissioner Garry .Mauro and his employees to c~paign for President Clinton..
The article pointed out that Mr. ],>ouland is a longtime Democratic Party activist who
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had' worked with Commissioner Mauro in a 1978 U.S. Senate campaign.
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On May 20, 1992, the HOUSTON CHRONICLE criticized the change in policy
.saying that it is irrelevant that this is a cost-saving measure because, "[t]his is a case
were cost -- it is not large -- is secondary to. honest government. " An editorial in the
July 6, 1992 HoUSTON CHRONICLE further criticized the move saying, "The General
Services Commission's speed-up decision appears to be nothing more than an attempt
to help cover up any future inisuses of state telephones, state resources and state
··employees' time~" The editorial also said, "The initial decision to hurriedly destroy
possible evidence was apparently. made by. the executive director of the General
Services Commission, John Pouland. II This also earned- 1\fr. Pouland a place on the
"Out" list in the December 21, 1992 TExAs LAWYER.
The March 24, 1994 HOUSTON CHRONICLE revealed that Mr. Pouland and the .
General Services Commi~sion had decided to stop keeping any. records of the local
·phone calls now that they had a phone system that could distinguish between long-.
distimce and local calls .. A~;cording to the article, Mr. Pouland"says he sees no
worthwhile public reason for keeping records of local calls because the calls· cost the
state no money." However, the article began by saying, "It may·soon become even
more difficult to fmd out whether state elected official. and their employees abuse their
time on the state payroll by making personal and political telephone calls."
On Mflrmative Action
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· The September 5, 1992 HOUSTON CHRONICLE reported that the Texas
Coalition of Black. Democrats had discovered that the state had issued 105,430
contracts to vendors, 3,832 of those issued to vendors listed as "disadvantaged
business enterprises (DBE)" operated by women or minorities, but only 15 were
black.. In response to this and urging by then-Governor Ann Richards to. increase
minority contracts, Mr. Pouland stated, "The DBEs, minority, women and small
businesses have historically been short-changed and it's time.. to change it for the
better."
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Defendant in a Lawsuit
. Mr .. Pouland was· named as a defendant in the .lawsuit, Witherspoon v.
Pouland, 784 S. W.2d 951 (Tex. App. 1990); where the plaintiff, Gregory A:
Witherspoon, sought. to· compel Mr. Pouland, who was Chair of ~e Dallas County
Democratic Party,. to place ~s name on the ballot as a candidate for the office of
Dallas County Democratic Party Chair. Mr. Pouland had rejected Mr. Witherspoon's
application to be placed on the ballot because "probable· cause exists to believe. that ·
said application contai.tl$ a false oath. II The probable cause alleged was the fact that .
Mr. Witherspoon was a suppOrttfr of Lyndon LaRouche, who advocates the abo_lition
of the democratic form of government. Given this support, Mr. Pouland argued that
Mr. Witherspoon could not support the laws and constitutions of the State of Texas
and of the United States, as required in the oath. The court found that Mr. ·
Witherspoon- had a clear legal right to have his name placed on the ballot and ordered
. Mr. Pouland to do so. ·
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Aside from the above, a Jjmited review of the available public record revealed
no information that might bear negatively on Mr. Pouland' s candidacy, generate
. controversy, or disqualify him from serving as Regional Administrator of. Region 7 in
the General Services Agency.
February 13, 1995 ·
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Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
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Previously Restricted Documents
Date
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1993-2001
Description
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<p>This collection contains documents that were previously restricted under the <a href="http://www.archives.gov/presidential-libraries/laws/1978-act.html" target="_blank">Presidential Records Act</a> for restrictions P2 (appointment to federal office) and/or P5 (confidential advice between the President and/or his advisors and between those advisors). For more information concerning these collections please see the collection finding aids index. The finding aids detail the scope, content, and provide a box and folder title list for each collection.</p>
<p>The <a href="http://www.archives.gov/presidential-libraries/laws/1978-act.html" target="_blank">Presidential Records Act (PRA)</a> includes provisions that these types of documents be withheld for twelve years after the end of a president's administration. These documents are now being made available to the public. The documents will be released in batches and will be uploaded here as they become available. The documents will also be available in the Clinton Library’s research room.</p>
<p>Please note the documents in this collection may not contain all the withheld documents listed on the collection's withdrawal sheet index.</p>
Publisher
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William J. Clinton Presidential Library & Museum
Extent
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397 folders
Text
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Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
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FOIA 2006-0454-F - John C. Pouland
Identifier
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2006-0454-F
Is Part Of
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Previously Restricted Document Release no. 4
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Adobe Acrobat Document
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William J. Clinton Presidential Library & Museum
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Reproduction-Reference