Thursday, February 7, 2008

Comments do amount to a political statement

Bañales said her comments did
not amount to a political statement.

CORPUS CHRISTI — Nueces County Commissioners will get an opinion from County Attorney Laura Garza Jimenez about whether comments Commissioner Peggy Bañales made during Wednesday's Commissioners Court meeting violated FCC political campaign rules.

During the meeting, which was televised live on public access television, Bañales defended her record as a first-term county
commissioner and detailed her early career experience as a juvenile probation officer and her subsequent time as a stay-at-home mom. She said she should be considered a role model for women coming back into the work force.

Because the meeting was televised on a station paid for with public funds, commissioners sought advice from Jimenez on whether it was a breach of Federal Communications Commission rules for her to campaign on the air and whether they have to provide equal time to her political opponents. Bañales faces Joe Benavides in the March 4 Democratic primary. Republican Mike Pusley faces the winner of the primary.

"We need guidance on how and what to do if something like this comes up, what I as judge and the court can do to keep us from being in violation of FCC rules," County Judge Loyd Neal said.

Jimenez declined comment, citing attorney-client privilege.

Late Wednesday, the city of Corpus Christi legal department also was investigating whether there was a violation because the meeting was televised under the city's public access television agreement, which the county uses.

Bañales said after the meeting that her comments did not amount to a political statement. She declined further comment.

Her remarks followed a speech from former Nueces County Judge Terry Shamsie during the public comment section of the meeting in which he indicated the Caller-Times Editorial Board's decision to endorse Benavides didn't take into account Bañales' sacrifices raising her children or her experience as a former member of the Tuloso-Midway Independent School District board.

The Texas Secretary of State's office and Attorney General's office referred questions on the matter to the Texas Ethics Commission, which was closed late Wednesday.

Contact Jaime Powell at 886-3716 or powellj@caller.com