"Those critics are discounting the competitive selection process in both bodies by implying that. When they win, they then say, 'Oh, the process works.' "
Lee was asked why he doesn't simply abstain from voting on contracts with companies who use his own firm as a minority subcontractor.
Commissioner El Franco Lee has lucrative business ties to Linville.
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"The ethics rule doesn't require me, who is a partial owner of a firm and a stockholder, to recuse myself from a vote that's totally unrelated to another firm that's owned by another group of people and corporation," answers the commissioner. "That's a real wide stretch."
Linville says so many firms use Espa as a subcontractor that if Lee recused himself, "he couldn't vote on any projects for anything in the county."
In his county financial disclosure statement, Lee listed his interest in Espa, as well as the fact that his son is employed there. His daughter is also employed as office manager for the commissioner's nonprofit Street Olympics foundation. Lee listed no business relationships between Espa and PGAL or any other firms on the disclosure report.
Lee suggested that the only reason his firm is catching flak is its ethnic makeup rather than its ownership by an elected official.
"Espa was in existence for 18 years with no complaints," says Lee. "The only time there have [been] complaints is when in its evolution the firm's ownership became majority minority." Lee and partner Murdock Smith joined the firm as employees but eventually bought control.
"Takes longer to tell that story than for someone just to take a swipe at your ass," says the commissioner sarcastically.
Likewise, Linville suspects that the city ethics complaint over his mayoral contributions and the publicity about the mayor's daughter working for him can be traced to rivals jealous of PGAL's success.
"The timing of that was real suspicious," he notes. "Why would somebody dig out that stuff and have it right at the time that the airport job and the civil courts job, which were two major things we were trying to get, were being decided?"
Linville says he will continue to use Espa in PGAL work. "The fact is there are not enough good quality minority firms to meet all the requirements of local government work," says Linville. "We use them all, and Espa is one."
To the suggestion that his business ties with Lee look questionable, the smooth operator pauses, then answers, "Umm, maybe."
But one thing is certain: They won't cost Jack any business.
In a controversial luncheon speech last spring, County Judge Robert Eckels called for reforms to force Harris County officials and employees to disclose their outside relationships with contractors who do work in the county. The judge told shocked listeners he felt "dirty" working within the lax system of ethics governing the county.
He says the Espa relationships are exactly what he was concerned about, even though he says Linville is "totally aboveboard" and the relationship with Lee is "perfectly legal under the current system of law."
"Until the system's changed, it will remain legal. In this case you've got an instance of over $1,000,000 that certainly leads to the appearance of impropriety," Eckels says. "And I believe it shouldn't take an article by the Houston Press to raise this issue. It ought to be something the public is aware of and you have full disclosure."
E-mail Tim Fleck at tim.fleck@houstonpress.com.
