ACTIONS TO TAKE REGARDING CORONAVIRUS FUNDS:
Now that Governor Abbott signed SB 8, the responsibility to protect your city or county from the tentacles of the US Treasury contract falls upon the citizens. Click here to go to the Texas Department of Emergency Management to see the status of fund distributions for communities under 50,000 - known as Non Entitlement Units (NEU). The U.S. Treasury manages the distribution of these funds to Texas counties and cities with populations above 50,000.
For other states, research when your state-approved distribution of the 2020 Coronavirus Recovery Funds (CRF) from the CARES Act or the Coronavirus State and Local Fiscal Relief Funds (CLSLFRF) from the American Rescue Plan Act (ARPA) are to be distributed. If these bills have already been signed into law in your state, it will be necessary for citizens to approach their own cities and counties to alert them to the terms and conditions in these US Treasury contracts that bind them to federal executive orders. Many cities and counties have received the money but have not spent it, such funds can be sent back with no penalty.
ALERT - Texas Municipal League willfully misinforms cities regarding receipt of Coronavirus funds stating, "The Agreement does not create a contractual relationship between the non-entitlement Recipient City and any department or division of the federal government." FALSE!
See communications with Bill Longley, General Counsel for TML, requesting a copy of the notice sent to their members informing them of their errant opinion. As of 12/17/21 - No reply.
November 17, 2021
Dear Mr. Longley,
I am Sheila Hemphill with Texas Right To Know. I hope you are able to bring clarity to some contradictions I am finding between information from the Texas Municipal League, the US Department of Treasury and the Texas Department of Emergency Management (TDEM) websites regarding the distribution of the Coronavirus Local Fiscal Recovery Funds (CLFRF) allocated by the American Rescue Plan of 2021.
Below is a screenshot A taken from the Texas Municipal League’s (TML) November 5, 2021, Number 42 Update https://www.tml.org/DocumentCenter/View/2978/LU2021-42?bidId= stating, “4. The Agreement is between the non-entitlement Recipient City and TDEM, and TDEM is the agency that enforces the Agreement. The Agreement does not create a contractual relationship between the non-entitlement Recipient City and any department or division of the federal government.”
This statement above by TML is contradicting the fact that cities are being required to enter into contract with the US Department of Treasury for receipt of the Coronavirus Local Fiscal Recovery Funds.
This statement above by TML is contradicting comments from the US Treasury’s FAQ Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions on Distribution of Funds to Non-entitlement Units of Local Government AS OF JUNE 30, 2021 – screenshot B below stating,
“Pg 5 Section 7.14 - NEUs are considered prime recipients of Treasury and states are not responsible for monitoring NEUs for compliance with use of funds, beyond distributing and collecting signed copies of the award terms and conditions and assurances of compliance with Title AS OF JUNE 30, 2021 6 VI of the Civil Rights Act of 1964.”
I briefly went over these contradictions I found with Jennifer Charlton-Faia, TDEM Section Chief for Quality Assurance / grant analyst – 512-486-6478, who stated that “I’m not sure where TML is getting their information but since the Treasury is administering the funds, they would have the most accurate information.”
Dear Ms. Hemphill,
Please see the latest version of the article here.
Texas Municipal League
1821 Rutherford Lane, Suite 400
Austin, Texas 78754
(512) 231-7490 (fax)
November 19, 2021
Dear Mr. Longley,
Thank you for your prompt reply and response.
I see that Texas Municipal League’s (TML) November 5, 2021, Number 42 Update REMOVED item, “4. The Agreement is between the non-entitlement Recipient City and TDEM, and TDEM is the agency that enforces the Agreement. The Agreement does not create a contractual relationship between the non-entitlement Recipient City and any department or division of the federal government.”
Would you please forward to me a copy of the communications that went out to the TML members alerting them to this inaccurate statement?
Will there be a new update item on the website to highlight this change because just removing it from a November 5 notice does not bring attention to the fact that this opinion was in error?
I am aware of many city councils who were citing this inaccurate statement as they are deciding whether or not to be in contract with the US Treasury that would bind them to not only current but also future executive orders.
Sheila Hemphill, CEO
ACTION FOR CITIES AND COUNTIES
1. Contact your City Manager and make sure they are aware that the TML retracted their #4 statement from their November 5, Update 42.
2. Email TML General Counsel, Bill Longley, firstname.lastname@example.org and ask for a copy of the November 5, Update 42 correction that was sent to your City Manager, Mayor and City Council.
ACTION FOR GOVERNOR
When you call Governor Abbott's office 512-463-1782 - if possible please record your message so we can hold the Governor accountable for the calls to his office.
ASK RESPECTFULLY - THEY TURN OFF IF YOU ARE ANGRY:
To show united force - please use this exact intro:
My name is ______, I live in _____, my zip code is ______ today is _____.
Please Save Texas local governments from federal executive orders. Contracts between the US Treasury for the Coronavirus Federal Relief and Recovery Funding and with the cities and counties require compliance with executive orders in the contract's terms and conditions. We need a fourth special session to address the risk to the sovereignty of our state through such orders as mandated vaccinations or any other medical procedures. Thank you.
THEN email email@example.com with the following information so we can track the number of calls that were made.
Email Subject line to Texas Right to Know - Governor, Your Name, Your Phone Number, City and County - So we can track who called or email. If available, attach the recording to the email if you give permission to Texas Right To Know for it to be posted.
STOP ALL CORONAVIRUS FUNDS APPROPRIATIONS AND
FOR GOVERNOR ABBOTT TO CALL FOR A FOURTH SPECIAL SESSION
TO ENSURE THAT TEXAS FUNDS RECIPIENTS
WILL NOT BE BOUND TO PRESIDENTIAL EXECUTIVE ORDERS BY
US DEPARTMENT OF TREASURY AWARD TERMS AND CONDITIONS CONTRACT.
Email Abbott’s Senior Policy Director: Steve.Munisteri@gov.texas.gov
Call Abbott’s Senior Policy Director: Steve Munisteri (512) 463-1830
Email Abbott’s Chief of Staff: Luis.firstname.lastname@example.org
Call Abbott’s Chief of Staff: Luis Saenz (512) 463-1762
Call Gov. Abbott: (512) 463-2000 | 8 AM - 5 PM & (512) 463-1782 Opinion Hotline
1. Click here to Find your Representative, State Senator, Governor, Lt. Governor, Speaker of the House and Chairman of Calendars Committee contact information.
3. Click here for PDF Sorted by Office Locations to print and to find phone numbers and emails to Legislators
Below is a template for emails to be distributed through the various individuals on your email lists. Please cut and paste and get through your networks as quickly as possible since SB 8 was delivered to Governor office 10/26/21. The clock is ticking – we have 19 days from this date to get a veto unless Governor Abbott signs it before then. If the $16.3 billion is not stopped at the state level, it will become incredibly difficult to stop 2000 plus City Councils and 254 County Commissioners from accepting the funds aka "bait".
Cut and Paste the following and send it through your email list.
US Department of Treasury contracts for various Coronavirus fund distributions require Recipients to comply with the unprecedented inclusion of federal executive orders as terms for compliance.
Governor Abbott could have stopped this transfer of local government sovereignty to be subservient to Presidential Executive Orders, but he didn't. He signed SB 8 on November 8, 2021.
On October 8, 2021, a White House letter from President Biden expresses his intentions for these funds. "On March 11, 2021, I signed into law the American Rescue Plan, a law that will help vaccinate America,” and continues stating, "We are on the path to vaccinating the nation."
Will the inclusion of executive orders for terms of compliance found in various Coronavirus fund distribution programs be a means to transfer control from state and local governments to the federal government by consent of contract?
Texas Senate Bill 8 (SB 8) sent to Governor Abbott’s desk on 10/26/21 will appropriate $16.3 billion of the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) from the federal American Rescue Plan of 2021. Early funds were distributed in 2020 through the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was filed as H.R. 748 in Congress on January 24, 2019, signed by President Trump, March 27, 2020.
1. CSLFRF - Compliance with Applicable Law and Regulations. Pg 3 Section 9 - "Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award."
2. CRF - Terms and Conditions 1.26 Compliance with Federal Law, Regulations, and Executive Orders: Grantee acknowledges that federal financial assistance funds will be used to fund the Grant Agreement. The grantee will comply with all applicable federal laws, regulations, executive orders, policies, procedures, and directives.
On October 15, 2021, Texas Attorney General Ken Paxton warns all state agencies of unprecedented federal contract language causing conflicts between state and federal laws:
"President Biden recently issued a federal executive order directing federal departments and agencies to begin including a clause in federal “contract and contract-like instruments” specifying that contractors must comply with “workplace safety protocols” that would apply to “all covered contractor employees, including contractor or subcontractor employees. These protocols will now include a requirement that covered employees receive a COVID-19 vaccination.”
ACTION ITEMS NEEDED:
It is for these reasons, we are urging Texans to call the Governor’s office, 512-463-1782 or 512-463-2000 and submit a comment at https://gov.texas.gov/contact and ask him to:
1. Investigate the federal contract overreach with the potential to transfer control of state and local government assets and services. making them subordinate to federal executive orders.
2. End all COVID-Related State of Emergency Orders that continues the federal overreach. As of 10/25/21 COVID-19 emergency orders have expired in 24 states including AK, FL, PA, etc.
3. Call for Senate and House hearings to investigate evidence of federal criminal conspiracy and racketeering actions of the federal government as seen in patents, federal agency and public policy guidelines, and unprecedented use of Emergency Use Authorization of tests and vaccines.
4. Call for an immediate fourth special session to address these requests and complete the legislative priorities of the Republican Party of Texas and to codify Executive Order GA-39 and pass legislation for a comprehensive ban on vaccine mandates.”
Visit www.TexasRightToKnow.com and click on the ALERT – READ PRESS RELEASE button for more information.
Call and email your Representative and ask the following:
Who am I speaking with?
What is your position with Representative or Senator ____ office?
If the Recipient is found to not be compliant with the US Treasury Award Terms and Conditions contract for receipt of COVID relief funds, how will the federal government:
Demand the repayment of all funds received?
Seize their bank accounts?
Seize their property?
Incarcerate the recipient?