Trustee Interview from Veselka

SMYSER KAPLJ\N &__ VESELKA, LLP.

RANK ()F AME RICA CENTER. LO UISIANA \UITF HOUSTON. TEXAS 77002 H LF I'I 路IOl'IF fA C '>IMII.E

Author's E-mail Address:

Direct D ial NlI mher:

October 22, 2010

Via E-mail lin d First Class Mail Ms. T erese 13 11 ~ss Assist ant D isfrict Attorney Pnb lic Integrity - Division Chief Ha tTis COllll ry District Attorney's Office POI Fra nklin, Suite 600 J1011sion, "ex as 770021923 P E:

PRIVILEGED AND CONFIDENTIAL INVESTIGATORY MATERIAL ATIORNEY WORK PRODUCT

Results, If Houston Community College ("BCC") Internal Investigation

Dca Ms. J tl ess:

As y () U k ow, ~ ; myser Kaplan & Veselka, LLP ("SKV") was engaged in April 2010 by the Bomd of HC C to investigate compliance and procurement issues involving former and currell t memhers of the BCC Board of Trustees and BCC vendors. The HCC Board directed me to report LO YOt' t1 .' res ll its of that investigation, After our brief discussion on August 25, 2010, yon re quested t.hat we provide you a written summary of the results of our investigation. in r spo nse, we submitted written information and copies of pertinent documents to you on A ugus t 10th and September 1st. As pan of its continuing cooperation with your office's cons.ideration of thi~ matter, 011 September lnth, the BCC Board confirmed that our providing y tl \! 'lh n more p3rh::ilnri7.ccI re p0l1 fo r your consideration was subsumed within their directive rh;, l ,,>.,I t' w po Ti 10 you ()'] our ili 'lcstigatio n. This letter and the attaclunents constitute that report ;)[)d S Ipple ment an clior :tmend the August 30th iet1cL

We Il11derstand that you will consider this as confidential information presented to your office to aid your determination of whelher to open, continue, or conduct a criminal inve.sti gati o n. Bee has not waived any clflim of privilege or investigatory protection from public production except for purposes of disclosure of our results to you for your investigatory considerati or;.

Ms. Terese Buess Assistant District A ttomey Puhlic Integrity - Divis!on Chief Barris County District Attorney's Offi r:e October 22, 2010 Page 2

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Summary of rindings SUbject to the limitations of our investigation described below and the more detailed description of the facts as recounted by those persons interviewed as part of the investigation, the principal findings of our investigation are: A.

As to Abel Davila 1.

Abel Davila violated HCC Board policies and his fiduciary duties to HCC by personally advocating ancUor requiring that 1's Quality be hired as an HCC subcontractor and prime contractor. Mr. Davila received at least the financial benefit of J's Quality's assuming Mr. Davila's or one of his companies' obligations on the office lease at 2000 North Loop W. Credible statements in our interviews, some supported by documents, suggest that the actions ofMr. Davila or J's Quality may have violated one or more criminal statutes and justify consideration by the HCDAO for ftl.rther investigation into what financial dealings or understandings or agreements there were between Mr. Davila and 1's Quality.

2.

Sufficient factual bases also exist to justify further investigation into whether Mr. Davila violated any criminal statutes by: (a)

Arranging for an HeC vendor to hire a business with which Tmstee Yolanda Navarro FloresL Jas affiliated;

(b I

Having a potential financial interest or commission in the proposed HCC lease of the fonner Macy's space at Sharpstown Mall, as Dr. Tyler said the real estate broker Peter Nguyen implied; and lor

(c)

Mr. Davila's accepting uncompensated professional services from

Eee vendor YaffelDeutser. p~aining to the ioint billboard

:.l

campaign with Mr. Davila'.c[. JHISD Tmstee[ in the fall of 2009 before Mr. Davila announced he was not going to run for re路-election and Mr. Davila's not reporting such services as a campaign contribution in kind (although he did report as campaign expenditures the amounts he reimbursed YaffelDeutser for the third-party costs YaffelDeutser paid for those billboards).

B.

As 1.

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Yolanda Navarro Flores Credible reports suggest that Yolanda Navarro Flores enlisted the assistance of then-Board President Abel Davila to leverage HCC's

(.- . \ \-\ \/ Ms. Terese Ruess Assistant District Attorney Puhlic Tntegrity - Division Chief

Harris County District AHorney's Office

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business relation~hip with at least one HCC contractor to hire a business wilh which herL _ Jwas involved. Fort Bend Mechanical, anl~ of HCe's JOC contractors, paId businesses with which f _ .-Jis involved some $) 62,947.00 in just ten months between December 2008 and October 2009.

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C.

2.

According to Brad Deutser, Yolanda Navarro Flores demanded that he secretly provide free professional advice and services regarding the production and placement of billboards in support of her political campaigns. Mr. Deutser felt that Ms. Navarro Flores was threatening his HCC contract. Mr. Deutser not only provided the services, but his firm Ynffe/Deutser paid far the billboards. Ms. Navarro Flores' action, if confirmed, would constitute abuse of office, and her failure to disclose the value of the services and the expenditure as in-kind contributions violate tlw campaign finance disclosure statute.

Ms. Navarro Flores also rlt1empted to dictate to Yaffe/Deutser which subcontractors to use for H ispanic outreach.

3.

H;lVing a poiential financial interest or commission in the proposed HCC lease of the fonner Macy '$ space at Sharpstown Mall, as Dr. Tyler said the recti estate broker Peler Nguyen implied; and lor

4.

Having arranged to enter into a professional relationship with the law firm engaged by HCC Lo collect property taxes due to HCC. Apparently, the arrangement only fell apart when Ms. Navarro Flores filed to run against an incumbent state senator.

As to Diane Olmos Guzman Ms. Guzman is reported to have demanded and received free consulting services and expenditures on behalf of her campaign from YaffefDeutser without paying for them i:ll1d falsely reporting that she had reimbursed YaffefDeutser for the ex penditures. Such action would constitute abuse of office and violate the campaign finance disclosure statute.

D.

As to the relationship hetween Fort Bend Mechanical and Trustee Chris Oliver Chris Oliver's company Tekoa Property Management began doing business for Fort Bend Mechanical as a subcontractor on non-HCC projects no later than March 2009 and that relationship continues. In April 2009, HCC General Counsel Renee Byas infomled Mr. Oliver that he must file a Conflict of Interest Disclosure. Mr. Oliver did so within a matter of days. While Mr. Oliver's filing

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may fall within a statutory exemption under Local Government Code ยง 176.003(c), further inquiry cOllld be justified to confinn that there was no quid pro quo uoderstanding or that the arrangement or understanding did not constitute a prohibited gift to a public servant.

H.

Limitations of Investigation The {-ICC Board decided to conduct the investigation in response to Due Diligence Findings by the Office of Systemwide Compliance ("OSC") on April 8, 2010 pertaining to former Trustee Abel Davila and on April 8 and 13,2010 pertaining to Trustee Yolanda Navarro Flores. Copies of those Due Diligence Findings are enclosed as Exhibits 1 and 2. SKY was provided with copies of the OSC findings. SKV was then briefed on the OSC analyses, provided access to addiiional procurement and other records and authorized to interview BeC Trustees, administrators, and other staff. SKY was also allowed to have our private investigators conduct limited computer forensic searches.

SKV was also provided contact information for some former HCC personnel and for certain HCC vendors.

SKY conducted in-person or telephone interviews of 57 people, including all present I-ICC Trustees e~(cept Trustee Navarro Flores, who declined to be interviewed. While ClltTent HCC personnel were subject to potential employment consequences for failure to submit to be interviewed, SKY had no subpoena power. So we could not compel cooperation from persons not employed by HCe. Some former personnel and some persons affiliated with HCC vendols reflJSed to be interviewed. A complete list of the persons intervie'Ned, and those refusing to submit to an interview, is included as part of Exhibit 3_ Exhibit 3 also contains synopses of all interviews conducted in alphabetical order.

1\ few of thost intervievved agreed to provide copies of particular documents that pertained to issues that came up in the interviews. Unable to compel attendance at iJlterviews or to compel production of pertinent. personal communications, e_g. emails or text messages, Of pertinent financial or banking records, we could not determine whether what we were told was consistent with or contradict.ed by such documentation_ We were limited to assessing credibility by our subjective assessment of the interviewee at the time of the interview, and by whether the information was corroborated by or contradicted by other interviewees' statements and the BCC records that were available to us.

Since we lacked the subpoena authority to do more, we concluded our investigation once we obtained what we considered to be sufficient credible information to justify referring the matter to your office . ,..." .~ ., ,. .'! ' ,"../

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BacI<gronnd em HCC Houston Community College ("HCC") is a public institution of higher education governed by Texas Education Code ยง (]O_ Established in 1971 under the governance of the Houston Independent School District as a result of a public referendum, HCC separated from HISD in 1989 and established its own Board of Trustees, consisting of nine (9) trustees elected from single-member rlistricts for staggered six-year tenns. In 1992, I-ICC restructured into a multi-college system with an administration building and six campuses.I-ICC is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools to award the Associate degree. For the 2009 fall term, I-ICC had ~ total enrollment of 69,755 students, 30% full-time and 70% part-time.

HCC's Operatim~ Budget for 2009-2010 was $258,692,574.00, with $86,294,425.00 coming from tuition and fees and $172,239,678.00 from state appropriations, ad valorem laxes, and other heal income.

The College Administration consists of Chancellor Mary Spangler, Deputy Chancellor Art Tyler, several Vice Chancellors, and the Presidents of the individual campuses. The current Board of frustees consists of: Dr. Michael P. Williams (Chair), Neeta Sane (Vice Chair), Sandie },1ullil1s (Secretary), Bruce Austin, Yolanda Navarro Flores, Eva L. Loredo, Christopller W. Oliver, Mary Ann Perez, and Richard M. Schechter. The Chair is elected by the Board Members each year to serve a one-year tenn.

When the College has a need for work to be perfonned, the Procurement Department issues a Request for Proposal (RFP). Procurement receives the bids, collects input from the evaluation cO'llmittee, a:"1d based on the results, places the various contractors in rank order. T he Administration tben presents the results of the RFP and evaluation process as a recommendatiol1 to the Board . . The Board of Trustees reviews the bidding documents, decides which contractor should receive the contract, and authorizes the awarding of the contmct. These decisions must be made in public sessions, but may be discussed in executive sessions . After the Board authorizes the awarding of the contract, the Administration, particularly Procurement, hondles administration and payment of the cnntrRcl. With respect to the Board of Trustees, BCC Policy provides: Board members serve as fiduciaries and must act solely and exclusively for the benefit of the C.lUege. High ethical standards are critical to fulfilling these res ponsihilities. The laws and statutes enacted by the Legislature to govern the conduct of puhli t; officials are considered by the Board to be the minimum standards. These legal provisions goveming ethical and professional standards of conduct and disclosure are provided in the following Texas statues and should be consuited for specific inforrnation should the need arise : (a) Education Code; (b)

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Penal Code; (c) Government Code; (d) Texas Labor Code; and (e) · Local Government Code.

The HCC Board of Trustees' Bylaws require trustees to, among other things:

(l) abide by all laws and regulations applicable to community college trustees; (2) refuse to surrender judgment 10 individuals or special interest groups; (3) protect the reputation Clnd integrity of the system; (4) prohibit external groups or individuals from exerting undue influence or pressure on Staff, which would circumvent polic y or administrative procedure; and (5) take no private action that will compromise the Board or administration, and respect the confidentiality of information under applicable law.

The Bylaws also prohibit trustees from: (1) using the office of trustee to obtain information that can give another person an interest in a transaction; or (2) speculating or aiding another to speculate on the bases of confidential information.

IV.

Ap plicable

Lt~gal

Standards

[,owl Government Code § j 7J.. Conflict of interest An nee trustee "Iho has a "substantial interest in a business entity," meaning that tbe trustee, or a person related to the tmstee in the first degree by consanguinity or affinityl, (l): owns 10 percent or more of the business entity; or (2) received more than 10 percent of his or her gross income from the business entity in the previous year, TEX. Loc. Gov. CODE § 17 J .002(a), must disclose that interest in the business entity and refrain from participating in actions involving the entity, see id & l'71.004.

Loco{ (;overnmen{ Code § 176. Disclosure aJConflict ojInterest An }lec trustee rnust file a conflicts disclosure statement if a "person enters into a contract with []{CC] or [HCC] is considering entering into a contract with the person" and the person (a) has an employment or other business relationship with Ithe trustee J or ;:> famiiy member of the [trustee1 that results in the [trustee] .

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"A parent and child are related in the fIrst degree [of consangllinity]," TEX. LOC. GOV, CODE § 573.023(a), and a "husband and wife are related to each other in the first degree by affinity." Id., § 573.025(a).

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receIvIng more than $2,500 in taxable income during the 12-month period preceding the date that the [trustee] becomes aware of the contract or proposed contract; or (b) has given to the [trustee) or a family member of the [trustee] one or more gifts that have an aggregate value of more than $250 in the 12-month period preceding the date the [trustee] becomes aware of the contract or proposed contract. Jd , § 176.003(a). The conflicts disclosure statement must be filed no later than 7 business days after the trustee becomes aware of facts that require filing the statement. Jd., § 176.003(b).

Similarly, a per.son who "enters or seeks to enter into a contract with [I-ICC]" must file a "completed conflict of interest questionnaire" if the person: (l) has an employment or other business relationship with an officer of [HCC], or a family member of the officer, that results in the [I-ICC] officer receiving more than $2,500 in taxable income in the previous year; or (2) has given an officer of [HCCJ , or a family member of the officer, one or more gifts of greater than $250.

Jd., § i 76.006(a).

Texas Government Code § 573 .' Prohibition on Nepotism An lICe Trustee "may not appoint, confirm the appointment of, or vote for the appoinlment or CDnfilmation of the appointment of an individual to a position that is to be directly or indirectiy compensated from public funds or fees of office if: (1) the individllal is related to the [tnlstee] within [the third degree by cons anguinity or within the second degree by affinity]; or (2) the [trustee] holds tbe appointment Dr confinnation authority as a member of a state or local board, the legislature, 0 / a court and the individual is related to another member of that board, legislature" or court within [the third degree by consanguinity or within the second degree by affinity.]" TEX. Gov. CODE § 573.041. An individual who violates this provision "shall be removed from the individual's position." ld.

Bribery and Gift§.

Texas Penal Codp § 36.02: Brihery A person commies bribery "if he intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept fTOm another: ( 1) (lny benefit as consideration [or the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;

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(3) any b enefit as consideration for a violation of a duty imposed by law

on a puhlic servant or party official ; or (4) any benefit that is a political contribution .. . if the benefit was offered, conferred, solicited, accepted, or agreed to pursuant to an express agreement to take or withhold a specific exercise of official discretion if such exercise of official discretion Vy'ould not have been tnken or withheld but for the benefit ...."

Texas Penal Code ยง 36.08: Gift to Puhlic Servant

"A public servant who exercises discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions of government commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the pubij~ servant knows is interested in or likely to become interested in any co ntract, purchase, payment, claim, or transaction involving the exercise of his discretion ."

Texas Penal Code ยง 36.09: Gift fo Public Servan( "A person commits an offense if he offers, confers, or agrees to confer any benefit on (l public servant that he knows the puhlic servant is prohibited by law from accepting. " Coercion and Abuse of Office

Texas Penal Code ยง 36.03: Coercion "A person commits an offense if by means of coercion he: (1) influences or attempts to influ('.nce a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant's known legal duty...."

Texas Penal Cod!! ยง 39: Abuse of Office An Hee Tmstee "commits an offense if, in reliance on infonnation to which he has access by virtue of llis office or employment and that has not been made public, he: (l) acquires or aids another to acquire a pecuniary interest in any property, Iransac.tion, or enterprise that may be affected by the information; [or] (2) speculates or ;lids another to speculate on the basis of the information."

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An HCC Trustee also commits an offense "if with intent to obtain a benefit or with intent to harm or defraud another, he discloses or uses information for a nongovernmental purpose that: (1) he has access to by means of his office or employment; and (2) has not been made public."

"A person commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he solicits or receives from a public servant information that: (I) the public servant has access to by means of his office or employment; and (2) has nm heen made public."

Campaign Fina,nee Disclosure Requirements

Texas Election Code ยง 254.031 Candidates for public office must file reports that contain the amount of political contrihutions from each person that in the aggregate exceed $50 and that are accepted during the reporting period by the candidate, the full name and address of the person making the conLributions, and the dates of the contributions. The reports must also contain the amount of political expenditures that in the aggregate exceed $50 and that are made during the reporting period, the full name and address of the persons to whom the expenditures arc made, and the dates and purposes of the expenditure.

Texas Election Code ยง 254.041 A candidate commits an offense if the candidate knowingly fails to file a report on time or fails to inciude required information in the report. A violation of this section is a Class A misdemeanor.

V.

An alysis 1\.

Ahel Davila l.

Background on Persons Involved A bel Davila is a thirty-eight year-old Hispanic male. Mr. Davila is educated as a phannacist and has taught pharmacy at San Jacinto College.

Mr. Davila is engaged in owning and operating numerous businesses through various business entities, i. e. pharmacies, a Mexican restaurant, and, at least for a while, financial planning and services. His background infonnation and the results of public records search by our private investigator are included in Exhibit 4.

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Abel Davila was elected to the Bee Board in 1997 and re-elected in 2003.

He was coming up for re-election in November 2009 when he surprised the political prognosticators by not filing for re-election at the last minute.

Up until then he was filing campaign reports and collecting political contributions. See Ex. 5.

M L Davila was elected Chainnan of the Board for 2009.

ML

Davila'~.=-

resignation on July 15,

)served on the HISD Board until her surprise

20Th.

Jocelyne Ramirez is a twenty-three year-old Hispanic female. She is m<'lrried to Jason Hernandez. Ms. Ramirez was educated as a pharmacy technician at San Jacinto College while Mr. Davila taught there. There is [! difference in their recollection as to wheth)L MS'jamireZ was a student in one of Mr. Davila's classes. Mr. Davila'L and Mr. Hernandez's family are reported to be long-standing friends.

Ms . Ramirez worked for one of Mr. Davila's pharmacies, Care RX, in l-huston until it was closed. Ms. Ramirez and Mr. Hernandez organized ]' <; Quality Construction in December 2008.

2.

A l)cl Davila's involvement in J's Quality being awarded HCC work Jocelyne Ramirez was an employee of one of Mr. Davila's pharmacies until it closed. Then in 2008 Ms. Ramirez decided to go into the contracting business. Mr. Davila introduced her at a political function to Mr. Pete Medford, President of Fort Bend Mechanical Ltd. ("Fort Bend Ml~chaDical" or "Fort Bend").

Fort Bend Mechanical had done work at least back to 2007 as a subcontractor to Ararnark, which had a multi-year contract from 2005 to provide certain maintenance services to HCC facilities . Fort Bend Mf:'; chanical submitted a proposal to be awarded one of the Job Order Contractor or "JOC" contracts [or 2009. For a number of years, HCC had had only one JOe contractor -- RHJ-JOe, Inc. When Hurricane Ike hit, RHJ failed to respond as HCC would have liked. Much of the work done to bring the facilities back into service was done by Aramark and Fort Bend MechanicaL HCe issued a RFP in late 2008. Fort Bend Mechanical submitted one of the three proposals selected to be awarded a JOe contract #09-04. To help prepare this bid, Fort Bend Mechanical hired Mr John Thomas, who had previously been part of the RHJ team. Many of the {-lCC staff talked of John Thomas acting like or intimating that he

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knew how to get the Board of TlUstees to award contracts to whichever company hired him.

J's Quality filed its Articles of Incorporation with the Texas Secretary of State on December 5, 2008. See Ex. 6. Fort Bend Mechanical was awarded the JOC Contract #09-04 by the Board on December 11, 2008.

See Ex. 7, pp 8--9. Tills is the same time frame in which Fort Bend Mechanical started to use J's Quality as a subcontractor. Fort Bend fvlechanical first paid 1's Quality for subcontracting work on December 19, 2008 . Between December 19, 2008 and July 15, 2009, Fort Bend Mechanical paid oI's Quality $572,745.71 for subcontract services on HCC or HISD projects. See Ex. R. The history of payments to 1's Quality as Fort Bend Mechanical's subcontractor also raises some questions due to tIle even nature of payments, e.g. exactly $100,000.00 out of a $146,678.00 total on one' project; and exactly $98,000.00 out of $138,645.00 on another. See Ex . 9. The project managers or facilities pl~ rsonnel familiar with J's Quality'S work said that the initial work was substandard and that the Bee personnel had to call J's Quality back out to learn how to complete the work satisfactorily.

Within only a matter of months of J's Quality getting the work from Fort Bend Mechanical, Mr. Davila began to promote J's Quality, a start-up company nm by this then twenty-two year-old woman trained as a phannacy tech, for additional HCe work.

A number of people int.erviewed said that Mr. Davila and Ms. Ramirez were seen together routinely in 2008-2009. Not only would Mr. Davila introduce her to vendors at HCC or HISD-related political functions, they would be seen to~ether at coffee shops or other places.

In the spring of 2009, the nec Administration was proposing that the Board award an energy servites performance ("ESP") contract to Chevron Energy Solutions Company. Mr. Davila is reported to have told the Adillinistration that he could arrange the votes to award the contract to Chevron if the Administration would get Chevron to agree to hire particular subcontractors selected by Mr. Davila and other members of the J's Quality Construction was one of those designated B0ard. subcontractors (as was fort Bend Mechanical). See Ex. 10.

At first Mr. Davila pushed to get ]'S Quality paid $500,000.00 out of the contract budget for being "mentored" by Chevron on how to perform "program management" services.

The Administration and Chevron ba lked at that idea, though some consideration of drawing up a contract

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Page 12 calling for a direct "pnssthrough" of monies to be paid to 1's Quality t!\rough Chevron was considered. The HCC General Counsel's Office would not approve any language in the Chevron Contract that called for a mentee/subcontract position or direct "passthrough" for the benefit of 1's Quality.

Mr. Davila then shifted his position to suggest that J's Quality be given a sllbcontract in the Chevron Contract in the range of$1.25-$1.5 million for !:'!ectrical work or general construct.ion. The Chevron ESP contract #09-32 was awarded by the Board at a special Board meeting on May 21, 2009.

See Ex. 11. The language of the contract was finalized and it was c)(ecuted effective June 23, 2009. From late July through December 2009, Chevmn communicated with and negotiated with 1's Quality regarding the subcontract. See history of communications between Chevron and J's Quality at Ex. 12 . .J's Quality initially tendered pIicing that would exceed the budget for those particular services. There was also a problem because j's Quality did not have a licensed master electrician as needed to certify tbe work required. .J's Quality then arranged to engage a second-tier subcontractor with a licensed electrician, with 1's Quality simply marking up the cost of the second-tier subcontractor. Unfortunately, as a new start足 ur company, J's Quality did not have the financial history to be bonded as required. The Administration asked if HCC could somehow provide or arrange the bonding, but the General Counsel informed the Administration that I-ICC did not do that. vVhen Mr. Davila learned in October that 1's Quality's subcontract had not yd been finalized, he demanded that Dr. Spangler, Dr. Tyler, Mr. Brad Bflerger of Chevron, and a fourth person (the identity of which was remembered differently at different times by different people, it was either the r.:rcc VEndor Alan Johnston or another Chevron representative) come visit Mr. Davila at his restaurant Rico's Luchadores on N. Main. At that In(:eting on October 26, 2009, Mr. Davila berated the Administration and Chevron in humiliating terms, saying that they were treating J's Quality lih: minorities. Mr. Davila is reported by Dr. Spangler, Dr. Tyler, and Mr. Boerger to have threatened to get the Board to cancel the Chevron ESP Contract. 1\l1r. Davila denies making those statements. In fact, he denies thl: J's Quality subcontract was the topic of discussion. Mr. Davila claims it was whether the Chevron Contract would provide the $1.5 million in savings that Chevron contractually guaranteed.

Tc put Mr. Davila ' $ actions with regard to 1's Quality'S potential involvement in the Chevron l-::'SP Contract in perspective, the action must

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be overlain with his actions on a separate contract for J's Quality in April through July 2009. Mr. Davila is reported to have suggested that I-ICC create a new contract just [or "maintenance painting services." From January through July 2009, those services were being performed mostly by 1's Quality as a subcontractor on Fort Bend Mechanical's JOC contract #09-04. Dr. Tyler instructed his staff to draw up an RFP for the separate maintenance painting services contract on April 19, 2009 at Mr. Davila's su~gestion.

The status of the paint contract was raised again at the Administration's meeting with Mr. Davila on April 22, 2009.

TI,.'.~

RFP issueci on or about May 15, 2009 (a matter of days before the Cllevron ESP contract was awarded by the Board), asking for proposals to be submitted on or by June 5, 2009. The HCC Evaluation Committee met to score the seven proposals on June 15, 2009. 1's Quality's proposal shows that John Thomas, who had assisted Fort Bend Mechanical in gelting its JOC contract in December 2008, was part of J's Quality's proposed team. Ms, Ramirez admits Mr. Thomas assisted in preparing the proposal. It should also be noted that 1's Quality's bid failed to include the required Attachment No. 16, the Conflict of Interest Questionnaire.

Alt.hough 1's Quality had been doing business less than a year and HCC had documented a number of complaints about its work, 1's Quality received the highest rank by the Evaluation Committee. However, that evaluation was not completed in time to be presented as part of the matters considered by the Board Committee of the Whole meeting on June 18, 2009. See Ex. 13. It was the practice to consider and vote on matters at Illt~ Committee of the Whole the week before Regular Board Meetings.

Tbose matters approved ::it the Committee of the Whole would be included in the Consent Agenda for the Regular Board Meeting. Items on the CClnsent Agenda are routinely approved together in one group vote.

Hnving not been considered at the Committee of the Whole meeting on June 18,2009, consideration of the award was added to the agenda as Item lXA.l., a Topic for Discussion and/or Action. See Ex. 14 (Agenda p. 3).

D1 Tyler has said that a matter not already discussed at the Committee of 1he Whole would only get added to the Board Meeting Agenda with the Board Chainnan's approval. Thus, Mr. Davila had to approve adding the matter to the Agenda.

Interestingly, the award of this maintenance pamtmg services contract, which called for payments not to exceed $1 .5 million over three years, was ne"er discussed at the June 25, 2009 Regular Board Meeting. The motion to approve the Consent Agenda was amended to include ll-Jis item (and one

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Ms. Terese I3uess Assistant District Attomey Public Integrity - Divi:,ion Chief [-Jarri~ County District Attorney's Office October 22, 2010

PRIVILEGED AND CONFIDENTIAL rNVESTIGATORY MATERIAL ATTORNEY WORK PRODUCT

Page 14 other) as part of the Consent Agenda. Thus, this award to 1's Quality was approved along with all the other Consent Agenda items and approved by :t 5-0 vote of all Tmstees present. See Ex. 15 (Minutes p. 3-4). One reason Mr. Davila may have wanted to expedite consideration of the ~;ward was that. the Board does not usually meet in July. So if it was not approved at the June 25, 2009 meeting, it would have to wait until late August.

Once the Board awarded the contract to 1'5 Quality with no discussion at either the Committee of the Whole or Regular Board Meeting, the contract had to be drafted by the Generai Counsel and executed. Ms. Byas, the C1eneral Counsel, noticed that the address given for 1's Quality in its bid was in a residential neighborhood. Ms. Byas contacted Ms. Ramirez to a~; k if 1's Quality had a business address. Ms. Ramirez got back to Ms. Byas and gave Ms. Byas 2000 N . Loop West, Suite 110, as 1's Quality's husiness address . The contract was signed on July 8, 2009. See Ex. 16.

The contract as signed mistakenly set the term to run only through D ecember 31, 2009. \\!hen that mistake was later noticed, there was discussion between Mr. Davila and the Administration as to whether the c(\ntract was supposed to be for $1.5 million per year or over the three足 yeDr term. When the Administration and General Counsel determined that it would take additional Board action to increase the maximwn amount above $1.5 miI1ion, it was decided to merely amend the contract to extend the telm through July 7, 2012, subject to the $1.5 million maximum.

Thus, this amendment was signed October 8, 2009 without requiring fu rther Board consideration. See Ex . 17.

Two of Mr. Davila's businesses, Davila and Assoc., which purportedly provided "financial advi sory services," and Luz Enterprises, Inc., which purportedly provided "business services," had used the office at 2000 N. Loop West, Suite 110, the address that Ms. Ramirez provided to Ms. Byas for 1's Quality. Mr. Davila or his businesses had a long-tenn lease on the space but no longer needed the space. When asked about the matter, Mr. Davila presented SKY with an unsigned copy of an Assumption of Lease Agreement effective August I, 2009, under which J's Quality took over the obligation on the lease, relieving Mr. Davila of that financial obligation within weeks of Mr. Davila's efforts getting J's Quality the $1 . ~ !T' i Uion painting contract and arranging 1's Quality to get a su c,,:ontract on the Chevron contract. See Ex. 18 .

Dr. Tyler drew the connection between Mr. Davila's pushing 1'5 Quality for hoth involvement in the Chevron contract and for J's Quality'S

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Ivl . . Terese B1Iess Assista nt Di strict Atto m _y Public Integrity - Division Chief Harris County D istrict P.ttomey's Offi ce Octo bf:r 27 20 t 0

p" , l'i separate prime pamtll1g services contract only looking back after the O ctoher meeti ng when ML Davil a was enraged over the failure of ]'S Qilality to finahze the Chevron subcontract.

In response to his in'V'estigation, Dr. Tyler created from his calendar and emails a chronology oj his dea li ngs o n these matters with Mr. Davila and with Board Counsel Jarvis Holiingsworth, who sometimes acted as somewhat of a "go足 hetween" Mr. Davila and the Administration. See Ex. 19.

The matter

W'lS

d iscovered o nl y after

Bee

established a new Office of

SY:-ltcmwidc Com pliance COS e") in the fall 0[2009. Web searches were 11 1' ou Truste-c~ as a t.est of the O SC c npabi!ity . General Counsel Byas

noticed th at th e 2000 N. Loop West, Suite i 10 address for Mr. Davila's business seemed familiar to her. She co mpared that to a list compiled of ve ndor addresses and matched it to J's Quality.

Somewhat C O llt.C l ;poraneous ly, around the fif~t of M;u-ch, Ms. Ramirez was requested

by Jeff Austin, the HCC buyer on Contract #09-36 to come into the HCC of(' ce to sign a C o nflict of Interest Q uestionnaire, which she did on March 5, ) 0 10. See Ex . 20. On or about March 26, 20]0, Brad Boerger found a Y, hoo business website showing Ahel D2.vila as being sonnected with 1's QlI al ity . Mr Boerger passed that on to Dr. Tyler, who passed it on to O ~ ; c. See Ex. 2. 1. U ~:;C then conducted the investigation that resulted in O ,' C senrFng letters on April 1, 2010 requesting information from Mr. D avil a and s. Ramirc7. See Ex. 22 and 23. OSC presented its Due Diligence rinding ' to the Boan n l1 April 8, 2010 . Mr. Davila's and Ms. R J lnirez 's separate responses to the April 1, 2010 OSC letters both denied t11,,[ Mr. Davila had any financial interest in J's Quality. See Ex. 24 and

f:_ 't.;,

:.U Abel Davila's rok :n gettin)5

,~.

]hired by an HCC vendor

. r' Trustee Yolanda Navarro Flores' thiry-seven year-old -.~

rI

"!I

Navarra Flc:re~. has rep2.~tcdly tried to get hert ]hired directly in the pas!. " . .J has wo rked for years with Mr. John Farrar wilh Jackson Hili Interests/Full Moon Builders/Full Moon Services.

"1vL

nee

by

[fer more detail, see discussion pertaining to Ms. Navarro Flores below.]

Mr Davila to)d~,pr . Spangler that. Ms. Navarro Flores had asked him to hel p get her\.. j l1red by an Hee vendor. Dr. Spangler says that she um1crstood that M r. Davila had done so, although at different times in her in terv iew s she W ilS not clear whether he told her that directly or she son ie!10\'1 inferred it. Full IVIoon Builders and/or Full Moon Services has

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l'vls. Terese Ruess Assistant District Attonley Public Integrity - Division Chief Harris County District ,\11omey's Office October 22, 20! 0

PRIVILEGED AND CONFIDENTIAL fNVESTIGA TORY MATERIAL

ATTORNEY WORK PRODUCT

Pnge 16

b(:en paid as a subcontractor on BCC projects by Fort Bend Mechanical. fonrt Bend's repol1s to HCC shov.{L..

Jas the contact person Oil that work for Full Moon Builders/Services. See Ex . 26.

4.

P{:ter Nguyen's proposal to lease the old Macy's space at Sharpstown MalJ to HCC with implied potential financial benefit for former Trustee Davila.

Tn summer 2009, an architect named C.C. Lee approached Dr. Tyler about Bee !easing the Macy's property in the old Sharpstown Mall. Mr. Lee's friend, Vincent Chao, had purchased the building and askedMr. Lee to check with his contacts at BCC to see if they were interested in leasing the space. Mr. Lee met with Dr. Tyler, Dr. Spangler, Trustee Abel Davila, and Tl1Jstee Neeta Sane. Dr. Tyler told Mr. Lee that the entire Board of Twstees would have to decide, but that 300,000 square feet was too much space for Bee . Mr. Lee contacted Dr. Tyler by email several times thlougbout the fall of 2009 and early months of 2010 to see if HCC wanted to lease the property.

In April 20 J 0, Peter Nguyen contacted Dr. Tyler and told him that he now held the option on the Macy's property and could make HCC a better offer th:m Mr. Lee's. Dr. Tyler responded that BCC was not interested. Mr. Nguyen responder! that he had a relationship with the HCC Trustees, in! imating that it included Trustee NavalTa Flores and Mr. Davila, and that he would get the votes from Bee to lease this property. Dr. Tyler understood that Mr. Davila had told Dr. Spangler that Mr. Davila would still control the HCC Board after he stepped down at the end 0[2009. Dr. Tyler believed Me Nguyen to be saying that Trustee Navarro Flores and A bel Davila had a financial interest or would eam a commission if HCC I 'a,' ed the Macy's space. t'llr. Nguyen stated that he and a female business partner would make it "worth his whiJc" whether it was the Macy's property or any other property that I-ICC needed to lease. Mr. Nguyen asked Dr. Tyl er to just tell him whatever property HCC wanted to lease anel lie would buy that property and lease it to HCC. A poor quality recording o f Dr. Tyler' S conversation w ith ML Nguyen is provided with thi:' report. See Ex. 2.7.

1.'lllis same issue is repeated Yo randa Navarro F lores.J

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IJ1

the seciion below dealing with Trustee

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Ms. Terese Buess Assistant District Attorney Public Integrity -颅 Division Chief Harris County District J\ ttomcy's Office October 22, 2010

PRIVILEGED AND CONFIDENTIAL INVESTIGATORY MATERIAL ATTORNEY WORK PRODUCT

Page 17 5.

Y 路tffe/Deutser

Mr_ Davila's accepted uncompensated professional services from HCC vendor yaffe4>eutser . pertainif!g to the joiGt billboard campaign with Mr. _ .\ in the fall of 2009 before Mr. Oavila'l _JHISD TrusteeCDavila announced he was not going to run for re-election. Mr. Deutser provided his services on that project without charging Mr. Davila because Mr. Deutser thought the campaign s_howiD~ the connection between Mr. D avila's service with HCC and hisF service at HISD might benefit Hce. Mr. Davila, however, did n~ repmit such services as a campaign co ntribution in kind_ Mr. Deutser did bill Mr. Davila for the third party CQ<.;ts associated with producing and displaying the billboards. Mr. Davila did report as campaign expenditures the amounts he reimbursed Y (I ffe/Dcutser for those third-party costs YaffefDeutser paid for those bi Ilboards. See Ex. 5 at Tab 13 on f1agged page.

6.

Persons interviewed with knowledge ofMr. Davila' s involvement on these lJ:;\ hers . Synopses of their interviews are compiled alphabetically in Exhi bit 3_ Brad Boerger Renee Byas Winston Dahse Abel Davila Jarv is Hollingswort'l Pete Medford Tmstee elu-is Oli ver J esse Patrick t ;l" ~to r Perez Fahyian Pierre .J o(~ lyne

Ramirez

D r. Mary Spangler Art Tyler

n 7.

fer,sons not interviewed hut ex pected to have knowledge

r-J

oh \! F alTar

'-

.

-~ -~

._

II

I

Tm stee Y ol an cta Navarro Flores Ala -, Tolmston Jo n, ; Thom as

Ms. Terese lJuess Assistant District Attorney Pliblic Integrity - Division Chief Harris Connty District Attorney's Office October 22, 20 I 0 Page 18

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PRIV[LEGED AND CONFIDENTIAL INVESTIGATORY MATERlAL ATTORNEY WORK PRODUCT

Documents A.

Documents earlier referenced in this section Ex. I - OSC Due Diligence Findings binder reBarding Abel Davila dated April 8, 2010

Ex. 4 .' Investigator's initial report regarding numerous people / companies Ex. 5 - Abel Davila campaign reports / contributions dated 1998 Jan 2010

Ex. 6 - Secretary of State web page with original filing date of J's Quality (December J5, 2008) Ex. 7 - Regular Board Meeting minutes dated December 11,2008 Ex. R - Fort Bend Mechanical's response to Larry Veselka's inquiries and payment history made to 1's Quality and Full Moon Ex. 9 - Fort Bend Mechanical payments to J's Quality per subcontract fomls Ex. 10 - EmRil from Ms. Hamilton showing designated subcontractors for Chevron (1's Quality and Fort Bend Mechanical) dated April 7, 2009 Ex . 11 - Srecial Board Meeting minutes dated May 21,2009 Ex. 12 - Email communications between Chevron and J's Quality / Jocelyne Hamirez

Ex. 13 . . Commiltee of the Whole Meeting minutes dated June 18, 2009 Ex i4 - Agenda for Regular Board meeting dated June 25, 2009 Ex. 15 .. Regular Board Meeting minutes dated June 25, 2009 Ex . 16 - Maintenance Painting Services Contract between J's Quality and BCeS dated July 8, 2009

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PRIVILEGED AND CONFIDENTIAL

INVESTIGATORY MATERlAL ATTORNEY WORK PRODUCT

Page 19 Ex. 17 .. Maintenance Painting Services Contract Amendment between 1's Quality and BCeS signed October 8, 2009 Ex. 18 - Lease Assignment, unsigned, with 1's Quality for office space at 2000 North Loop West Suite 110

Ex. 19··· Dr. Tyler's Chronology notebook regarding J's Quality Ex. 20 - J's Quality Conflict of Interest disclosure signed March 5, 2010

Ex. 21 - Email to Dr. Tyler from Brad Boerger dated March 26, 2010 providing information from Yahoo web search regarding Abel Davila and J's Quality Ex. 22 - OSC letter to Abel Davila dated April 1, 2010 Ex. 23 - OSC letter to Jocelyne Ramirez / 1's Quality dated April 1,20] 0

if.; '''i'

Ex. 24 .. Abel Davila's response dated April 12, 2010 to OSC letter

Ex. 25 - Jocelyne Ramirez / 1's Quality response dated April 13, 2010 to OSC letter Ex. 26 - Fort Bend Mechanical subcontract participation reports and payments regarding Full Moon

Ex. 27·· Recording of Dr. Tyler's conversation with Peter Nguyen 8.

Additional source documents

• Ex. 28 - Fort Bend Mechanical reports to HCC regarding small business component • Ex. 29 -Notebook on #09-36 Contract • Ex. JO - 1's Quality proposal for Contract #09-36 Q Ex. 31- Armando Lopez, Ms. Ramirez's lawyer, letter to Larry Veselka dated June 16, 2010 9.

Cn~dibility

Allhough Abel Davila Administration on behalf

IJRHR .'i

denies advocating directly with BCC Quality, this denial conflicts with what

or ]'s

Ms. Terese Buess Assistant District Attomey Public Integrity - Division Chief Hanis County District. i\.ttomey's Office October 22, 20 I 0

Page 20

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several other persons interviewed said. Dr. Tyler sain it was Mr. Davila

that promoted J's Qual.ity for a mentee/subcontract role in the Chevron ESP Contract #09-32. Dr. Spangler, Dr. Tyler, and Brad Boerger all c()nfirmed Mr. Davila's furious berating of the Administration and Chevron for not consummating a suhcontract with J's Quality at the meeting at Abel Davila's restaurant on October 26, 2009. Mr. Davila cknied discussing 1's Quality'S subcontract status in that meeting.

The credibility of the recoHection of Dr. Spangler, Dr. Tyler, and Mr. Boerger is fu.rther supported by the fact that their statements could be interpreted to implicate them in inappropriate conduct. That they were willing to accommodate Mr. Davila's demand that J's Quality (and the olher tlu·ee subcontractors designated by some I-ICC Board members) be hi red by Chevron as subcontractors could be construed as quid pro quo agreement for Mr. Davila's voting for and arranging other Board members tc' vote for the award of the contract.

Tl1at the Board's consideration of the Painting Contract #09-36 was added to the Board's June 25, 2009 Board meeting without having been presented at the June 18th meeting of the Committee of the Whole, as was the usual procedure, and which would have required Mr. Davila's involvement, also contradicts Mr. Davila's denials of involvement.

(1'~1• . . '

tv·ir. Davila's credibility is ,lisa hurt by his failure to disclose to other

Board members or the Administration his past personal relationship with Ms. Ramirez (eg, her heing one of his students and her being an empioyee at one of his pharmacies) and his failure to disclose the financial benefit he received from J's Quality's assumption of the lease on his 2000 Nl)rth Loop office.

M,>. Ramirez's claim that she never discussed the Prime Painting Contract ff(J9-36 with Mr. Davila beggars credulity in light of her admitted close familial reiationship with Mr. Davila. FUl1hermore, Ms. Byas said that Ms. Ram.irez did not have a business address for J's Quality when Ms. R vas contacted her to finalize the #09-36 Contract in early July 2009. Ms. K..!mirez had to get back to Ms. Byas with a business address, which was t\1(: address of Abel Davila's business. It would be hard to believe that M.s. Ramirez got permission to use that address without discussing it with Mi". Davila. It should be noted that the unsigned Lease Agreement produced by Me l);wiJa's counsel was to be effective August 1,2009. .>-:.-...,.~.,,":;

.. '.~

. '

"

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Ms. Terese Blless Assistant District Attorney Puhlic Integrity - Division Chief Harris County District Attorney's Office October 22, 2010 Page 21

PRIVILEGED AND CONFIDENTIAL fNVESTIGATOR Y MATERlAL ATrORNEY WORK PRODUCT

P(:te Medford, President of Fort Bend Mechanical, said that he was introduced to Jocelyne Ramirez by Abel Davila, probably at a political fundraiser. The history of payments to 1'8 Quality by Fort Bend rv'!echanical for subcontract services shows J's Quality received $ ~)72,745.71 on projects for HCe and HISD between December 19, 2008 and July 15,2009, with at least $237,000.00 of that amount attributable to BeC projects. Se(~ Ex. E. The payments commenced immediately after Fmt Bend Mechanical was awarded its JOC Contract #09-04, by the HCC B'; lard on December 11,2008. See Ex. 7, pp. 8-9.

Investigators should note that Exhibit 8 shows that Fort Bend Mechanical aho began payments to subcontractor Full Moon Builders/Services in })~cember 2008. In light of Abel Davila's telling the Administration that th,~ Chevron ESP Contract #09-32 would be approved if the Administration would get Chevron to agree t.o use certain subcontractors selected by the Board, Fort Bend Mechanical's decision to begin using J's Qlmlity (and Pull Moon) as subcontractors contemporaneously with the Board's consideration and award of the JOC contract to Fort Bend Mechanical could have resulted from some direct or indirect understanding between Abel Davila and Fort Bend Mechanical, possibly tbrough its new representative John Thomas. Mr. Thomas had previously represented RHJ, which had been the sole JOC contractor for HCC before Ih ~! decision in November-December 2008 to award JOC contracts to three firms at once to give BCe availabic alternatives to get services performed if one JOe was unavailable (as had happened with RHJ after Hurricane lkt~ ).

(.' . ,l

\ :'!!

Fort Bend Mechanical's payments to J's Quality ended iri July 2009 contemporaneous with the execution of 1's Quality's own Prime Painting Contract #09-36 fo r up to $1.5 million for maintenance painting services.

These painting services duplicate the services that BCC could get and had been getting under the JOe contracts. In fact, much of the painting services under the JOe contract were already being done by J's Quality.

See Ex. 9. Thus, it is hard to di scern any benefit to Hee from stripping thl:se painting services out of the JOC contracts to be coveted by a se arate contract. The only beneficiary would appear to be J's Quality, which was now guaranteed 10 do the work and no longer dependent on Fort Bend Mechanical or one of the other two JOC contractors to select J's Qu ality for any maintenance painting projects HCC needed. It should be no l ed that John Thomas, who had helped Fort Bend Mechanical get the .1 (' C Co ntract in December 2008, assisted J's Quality in getting the Prime Painting Contract #09-36 in June 2009.

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Ms. Terese Suess Assistant District Attorney Public Integrity - Division Chief Harris County District Attorney's Office October 22, 2010 Pnge 22

PRIVILEGED AND CONFIDENTIAL fNVESTIGA TOR Y MATERIAL ATTORNEY WORK PRODUCT

l. 'ony Garcia, one of the owners of a company that had done work for FCC in the past, reported that he quit seeking HCC work after a conversation with Mr. Davila, who told Mr. Garcia that to get HCC work, Mr. Garcia knevv what he would need to do, which Mr. Garcia understood to mean to do what the Trustees want done. After Abel Davila's role in getting the expedited award of Contract #09-36 to J's Quality on June 25, 21)09, 1's Quality assumed the lease obligation for Abel Davila's company all the 2000 North Loop office. Whether the financial benefit of that lease a greement was a quid pro quo with Abel Davila for the award of the prime C o ntract #09-36, i.e. part of some understanding or promise to compensate A bel Davila, is not known. Even if not a quid pro quo constituting a potential bribe under Texas Penal Code §36.01, the benefit conveyed could constitule a prohibited gift to a Public Servant under Texas Penal Code §36.08-09 .

B.

'Y ola n d a NHvarr Flores

I.

Background on Persons Involved

Yolanda NavalTo Flores is a sixty-three year-oid Hispanic female. She is Bee Board of Trustees. Trustee Navarro Flores is a lawyer and maintains her own law practice, Law Office of Yolanda Nn.varro Flores, located at 4801 Irvington Blvd, Houston, TX 77009.

T rustee Navarro Flores ~as elected to the HCC Board in ~O I and re­ ekcted in 2007. She is I .. Results of background info nnatioA- and public records searches by ' our private investigator are included as Exhibit 4.

a current member of the

1

,.....

~...} s Ms. Flores't-': -'1

He is a thirty-seven year-old l'ii,> panic male who is involved with vaious construction and infonnation technology businesses in the Houston area. He is a memberlma.!lager of Ja ckson Hill Interests, LLC, along with JOM Farrar, which is d/b/a Full M oon B uil ders, which is located at Ms. Flores' law office address, 4801 Irv ing1ol1 Blvd, HOllston, TX 77009.

'--is listed in various public documents as the owner of Full Mo'ml Buildert. See e.g. Ex. 32. Fort Bend Mechanical, (\ JOC contractor for HCe, hired Full Moon Builders as a S1Jbcontractor to perform painting and fence work. See Ex. 26. Results of background infOlmation and public records searches by our private inv (~sti gato r are included i'lS part of Exhibit 4.

r

John FalTar is a principal of Full Moon Services, LLC.

13RI4IU

Ms. Terese Buess Assistant District Attorney Public Integrity - Division Chief Harris County District Attorney's Office October 22,2010 Page 23

PRlVILEGED AND CONFIDENTIAL INVESTIGATORY MATERIAL ATTORNEY WORK PRODUCT

P'(~te McdfOl:d, owner of Fort Bend Mechanical, has dealt directly with Juhn Fanar in hamJling the su!Jcontract business performed by Full Moon.

Mr. Medford me L.__ _ .~ a politicaLfundraiser for Trustee Navarro jrecommended Full Moon and Flores. According to Medford,[~ _ John Farrar to him .

Brad Deutser is a principal of Yaffe/Deutser, a consulting, marketing, and advertising firm.

2.

T1Ustee Navarro Flores and Full Moon Builders/Services

pwns

Public records indicate thatl . or is involved with Full Moon Builders, a Fort Bend Mechanical subcontractor. Full Moon's business address was shown as 4801 Irvington Boulevard, the same as Yolanda Navarro Flores's business address. OSC reported in its initial finding that Fut! Moon Builders had been paid $22,300.00 for its work on the Fort Bend Mechanical JOC Contract #09-04 with BCC. The actual reports given FCC by Fort Bend Mechanical reflect payments potentially aggregating more than $40,000.00 to Full Moon Builders at the 4801 Irvington address and to Full Moon Services at a separate Mayfair address.

In fact, someone actually stlUck out the typed reference to Full Moon Builders on one of the forms and replacep-it with Full1::0on Services.

However the documents clearly showed as the contact -. person. See Ex. 26.

.â&#x20AC;˘

' ri:.: '<iI' .~

.

"'--"'

.~

It is instmctive 10 llote that payments to Full Moon started on December 5, 2008, six days before I-ICC awarded the JOC Contract #09-04 to Fort Bf~nd Mechanical. See Ex. 7 and 8. It is of further interest to note that, 'Nhen Fort Bend Mechanical submitted its bid for the 2010 JOC Contract avrardin, October 2009, fort Bend a.g.~ listed Ful~ . oon Services at the Lf801 irvIngton Boulevard address WlthL ~ the contact person. (. I~ ~3 . .~.J ,--) i_'~ , ~x. j Tmstee Navarro Flores never disclosed any ~... lnvolvement with a subcontracT or on the Fort Bend Mechanical Contract #09-04 for which she voted. Fort Bend Mechanical submitted infonnation showing tOi 1 i payments to Full Moon Builders/Services of $162,947.00 for HCClHT D and other projects. However, the project managers who say they know what subcontractors work on HCC facilities say they have no memory of Full Moon Builders/Sen/ices ever working on an HCC project. .,

.~ ..

'~ '.'

Or April 7, 20 I 0, lICe 's Office of Systemwide Compliance sent Trustee N i1 arro Flores a letter slating that it was in possession of infonnation

.:~ .

.~

~ .

138148.5

Ms. Terese Guess Assistant District Attorney Public Integrity - Divis.ion Chief Harris County District Attorney's Office Octo her 22, 2010 P~ge 24

PRIVILEGED AND CONFIDENTIAL fNVESTIGATORY MATERIAL ATTORNEY WORK PRODUCT

directly conneclinf . ]with Full Moon Builders, a sllbcontractor for 1'ort Bend Mechamcal, a JOC contractor for I·ICC. See Ex. 34. The next day, Ms. Navarro Flores responded to Chancellor Spangler that "no,"..=JiS not and has never been an owner, an employee, or in any way associated with Full Moon Builders, and no conflict of inter.est exi~." [emphas)$ added]. See Ex. 35. No mention was made oflli~r son,JII~9_ named .

Trustee Navarro Flores has rdused to be interviewed uIlhaS-also refused to be interviewed.

Messages left for John FarrTr were never returned ..

J

A s explained with regclrd fa Mr. Davila in his section above, Mr. Davila told Di. Spangler that Ms. Navarro Flores had asked Mr. Davila to help gd her r-~ hired by an HCC vendor. Dr. Spangler says that she uYlderstood at Mr. Davila had done so, although at different times she \,,,;)S not clear whether he told her that directly or she somehow inferred it.

3.

i'•_.

DI~. alings

between Trustee N,warro Flores and YaffelDeutser

T , ustee Navarro Flores demanded that YaffelDeutser provide free cmnpaign and advertising services and materials, including billboards, for her re-election campaign in 2007 and for her unsuccessful primary ('ilailenge to an incumbent state senator. According to Mr. Deutser, Tlustee Navarro Flores insinuateci that jf Yaffe/Deutser did not provide these free services and materials it would Jose its HCC contract and lose business in the Hispanic community, Trustee Navarro Flores was very ckar to Mr. Deutser that no one was to find out about the work '{affe/Deutser was performing for her campaign. Ivir. Deutser felt that his company's Hee contract was be:ing threatened ifhe did not comply.

,.

A, part of YaffclDeufscr's work for Hee pertaining to an annexation ekction, Ms. Navarro Flores contacted Mr. Deutser and instructed him to lIS (~ Mr. Nef Partida to handle matters pertaining to Spanish-language m ;dia or aime'; at the Hispanic corrummity. !vIr. Deutser felt he was rf ~: p onsible [or t~e work an c~ , therefore, needed to select his suhccntracLi:'s, if and when he decided they were needed, and to control their vmrk. According to Mr. Deutser, Ms. Navarro Flores said that Mr. Partip3 (implicitly ltnder her direction) should control those decisions.

Mr. Deulser deCided he could work with Mr. Partida since they had worked together on previous matters. Later, Mr. Partida infonned Mr. Deutser that be had gotten politically cross-wise with Ms. Navarro Flores and he might need to get {mother Hispanic subcontractor. Me. Deutser decided to keep Me Partida.

-•..~

·:': t~

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Ms. Terese B\less Assistant District Attomey Pllblic Integrity - Divi!:;ion Chief Harris County District Attorney's Office

PRlV [LEGED AND CONFIDENTIAL fNVESTIGATORY MATERIAL ATTORNEY WORK PRODUCT

October 22, 20 I 0 P:1ge 25 1\-1S. NavalTo Fiorcs then contacted or

had Mr. Deutser contacted by Ms.

l jnda Morales, a woman who served Ms. Navarro Flores in the political (Irena. Mr. Deutser was told that Ms. Morales would replace Mr. Partida and would make the decisions regarding the Hispanic component of the v.;ork. Ms. Morales also demanded that the compensation for that work be increased substantially. Mr. Deulser did not agree to do so. At one point Ms. Morales suggested that Mr. Deutser use Mr. Manuel Barrera as the subcontractor but intimateq that she (and implicitly) Ms. Navarro Flores would actually be calling the shots. Mr. Deutser resisted these changes even though he fclt Ms. Navarro Flores was threatening to get his work for Bee cut orf if he did not agree. Along the way Ms. Navarro Flores or M.g. Morales accused one of Mr. Deutser's associates of racism.

Ultimately Mr. Dcutser complained to Dr. Spangler, who told him to ignore Ms. Navarro Flores' threats, rrnd to Mr. Davila, who suggested he di scuss the matter 'Nith Board Counsel Jarvis Hollingsworth. Mr. Deutser discussed the matter with Mr. Hollingsworth, as he did the issues of the unpaid services described Rnove. Mr. Deutser was informed he did not need to report it fi.lrther.

Tn place these activities in greater context, the HeC Board has had another internai investigation into Ms. Navarro Flores' dealings. See Ex. 3(;, report of the Hon . Alvin Zimmerman. That investigation lead to the Bilard's censuring Ms. Navarro Flores. See Ex. 37.

4.

Pl' ter Nguyen's proposal to lease old Macy's space at Sharpstown mall to financial benefit for Trustee Navarro Flores.

Bee with implied potential

[This is the same description as given in Mr. Davila's section above] In summer 2009, an architect named c.c. Lee approached Dr. Tyler about H CC leasing the Macy 's property in the old Sharpstown Mall. Mr. Lee's fri l?-nd, Vincent Chao, bad purchased the building and asked Mr. Lee to cbeck with hi~ contacts at Hee to see if they were interested in leasing the space . ~.;[r. Lee met with Dr. Tyler, Dr. Spangler, Trustee Abel Davila, and Trustee Nccta Sane. Dr. T yl er told Mr. Lee that the entire Board of Tlilstees would have to decide, but that 300,000 square feet was too much sVlce for BCe. Mr. Lee contacted Dr. Tyler by email several times throughout the f?.\J of 2009 and early months of 2010 to see jf HCC wHnted to lease th e property.

In pril2010, Peter Nguyen contacted Dr. Tyler and told him that he now hel 路 the Opli Cfl on the Macy ' ~ property and could make HCC a better offer

. .~

' 路ff'

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than Me Lee's. Dr. Tyler responded that HCC was not interested. Mr. Nguyen responded that he had a relationship with the HCC Trustees, intimating that it included Trustee Navarro Flores and Mr. Davila, and that he would get the votes from Bee to lease this property. Dr. Tyler IHlderstood th<i(: Me Davila had told Dr. Spangler that Mr. Davila would sti II control the BCC Board after he stepped down at the end of 2009. Dr. Tyler believed Me Nguyen to be saying that Trustee Navarro Flores and Abel Davila had a financial interest or would earn a commission if Hee leased the Macy's space. Me Nguyen stated that he and a female business partner would make it "worth his while" whether it was the Macy's pwperty or any other property that HCC needed to lease. Mr. Nguyen asked Dr. Tyler to just tell him whatever property HCe wanted to lease and he vvould buy that property and lease it to HCC. A poor quality recording of Dr. Tyler's conversation with Mr. Nguyen is provided with this report. See Ex. 27.

5.

Arrangement to work for law firm engaged by HCC.

Mr. Jay Aiyer, a FOlmer Bee Trustee who was prosecuted by the HCDAO regarding some public records issues several years ago, was told by Bill Kin g, then a shareholder with Linebarger Goggan Blair & Sampson LLP, w hich film collects propelty taxes for HCe, that he had arranged to have M ~. Navarro Flores come to work for the finn under some agreement. Ms. Navarro Flores was ultimately not brought on board by the firm because of hel decision to run for the State Senate against the incumbent.

6.

Persons interviewed with knowledge of Ms. Navarro Flores' involvement on these matters. Synopses of their interviews are compiled alphabetically in l':xh ibit 1.

Renee Byas Brl1d Dentser Jarvis l f011ingsworth c.c. Lee Pct(~ Medford J e s '~ e Patrick H edor Perez T ntstee Mary Ann Perez Fabyian Pierre Randy SahnilJay Aiyer Dr. Mary Spangler Dr. An Tyler

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7.

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ATTORNEY WORK PRODUCT

Persons not interviewed but expected to have knowledge Manuel Barrera

Farrar .--, ,"Jo1m Trustee Yolanda Navarro Flores .

Bill King Linda Morales N efPartida

R.

Documents Documents earlier referenced in this section Ex. 2 - OSC fjlle Diligence Findings binder regarding Yolanda Navarro Flores a. dated April 8,2010 b. dated April 11,2010 Ex . 4 - Investigator's initial report regarding numerous people / companies

Ex. 7 - Regular Board Meeting minutes dated December 11, 2008 Ex. 8 - Fort Bend Mechanical's response to Larry Veselka's inquiries and payment history made to 1's Quality and Full Moon Ex. 26 - Fort Bend Mechanical subcontract participation reports and payments regarding Full Moon Ex. 27 . Recording of Dr. Tyler's conversation with Peter Nguyen :; 1. . ' r Lx . .;2 - 4.1 ,. 1.com web seatch regardmg f'llll Moon Builders

,,) onnection to

i:x, ] 3 - Contractor and Subcontract Participation Form (Attachment 8) dated October 15, 2009 listing Full Moon Services

Ex . 34 - OSC Jetter to Yolanda Navarro Flores dated April 7,2010

ex. 35 - Yolanda NavaHO Flores' email response dated April 12, 2010 to ~: SC letter

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Ex. 36 - Alvin Zimmerman investigation report dated May 20, 2010 regarding complaints made by Dr. Tyler against Yolanda Navarro Flores

Ex. 37 - Board's Resolution of Censure dared May 27, 2010 regarding Yolanda Navarro Flores

B

Potential additional documents II>

9.

YaffefDeutser emails and accounting records (Mr. Deutser said he had these documents but did not provide them to SKY).

Credibility Although Trustee Navarro Flores has refused to be interviewed, her response to the Office of Systemwide Compliance's inquiry hurts her credibility with ~spect to any iss~~ reg,arding Full Moon. -, Trustee N"varro Flores's named\" ..J but so is hed . Trustee Navarro Flores could ha,;einforrnecl that it was actualtyh~LJwho W3S involved with Full Moon BUilder~s but instead she carefully parsed words an d denied only that her' as involved while claiming that ~ she; had no conflict of interest.

is

me -

Mr Medford said th~ he met with Mr. John Farrar to get him to confinn to Mr. M edford that( _ 'ldid not cwn any part of Full Moon ServicesJ:mt this plU'vides slight c~verage in light of the documents sh(.wi li gVJt___ 'as a member of Jackson Hill Interests, for which Full _ J M00n ll ildcrs W(l~ ; merel y a d/h/a_ Also Fort Bend Mechanical's do(umen!s routinely referred to payments to Full Moon Builders and shows 1.'1 the contact person.

The fact that Fort Bend Me(;ha~al only -S1~rts pi1ying Full Moon Builders less than one week before Fort Bend Mechanical's JOe Contract comes before the HCC Bmlrd drowns out Mr. Medford ' s protestations_ Brau Deutser appears to be a credible witness. In the fall of 2009, before this investigation began, he approached the Board's counsel, Jarvis Holl ingsworth, regarding YaffelDeutser's provision of conSUlting services and advel1ising mat clials for free at T rustee Navarro Flores's insistence and the pressure he received about using subcontractors dictated by Ms .

NavalTo Flores. Mr. Deutser's credibility is buoyed by the fact that the inf o matron he shared could be construed against his interest as possibly providin g a gift to a public servant.

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Dr. Tyler has no incentive to lie about the potential lease of the former Nlacy's space at Sharpstown Mall. After he realized that something pntentiaHy illegal was happening, he recorded a conversation with Mr. Nguyen and provided it to SKY. Dr. Tyler has been forthright about all topics discussed with him. Dr. Tyler's statements are also consistent with statements by Trustee Neeta Sane lmd C.c. Lee regarding this issue.

C.

Diane O lmos Guzman 1.

Background on Persons Involved Diane Olmos Guzman is a fifty-four year-old Hispanic female . She is the President and CEO of D.O. Communications, a public relations and marketing finn. Ms . (3uzman was elected to the HCC Board of Trustees in 2003, and lost her bid for re-election in 2009. Results of background information and public records searches by our private investigator are included as part of Exhibit 4.

BI-ad Deutser is a principal of YaffefDeutser, a consulting, marketing, and 8c!vertising firm.

2.

J)(~8Iings

between Ms. Guz man and Yaffe/Deutser

Ar:cording fo Brad Deutser, Ms. GuzInan carne to him and asked for billboards for her campaign. Ms. Guzman reported that she did not have the money at that time, but would be able to pay for the requested billhoards soon . Ms. Guzman approved the billboards but did not pay for the m. T he cost of the completed billboards was approximately $15,000.

Ms. Guzman later told Mr. Deutser that she thought they were a gift.

However, ~1'v1s. Guzman reported on her campaign finance disclosure report that she reimbursed Yaffe/Deutser for its services and materials used in connection with the biHboards. See Ex. 38. YaffelDeutser has never rc(' eived any payment from Ms. Guzman. Ms. Guzman's actions appear to be violations of Texas Pena i Code ยง 39, Abuse of Office, and Texas Ek ction Code ยง 254 .m 1, Campaign Finance Disclosure.

1.

Persons interviewed with knowledge of Ms. Guzman ' s involvement in this m:illcr

r, n d Dcutser T n lstee M a ry A nn Perez

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PRIVILEGED AND CONFIDENTIAL INVESTIGATORY MATERrAL ATTORNEY WORK PRODUCT

Persons not interviewed but expected to have knowledge Diane Olmos Guzman

5.

Documents A.

Documents earlier referenced in this section Ex. 4 - rnvestigator's initial report regarding numerous people / companies Ex. 38 - Diane Olmos Guzman's Political Expenditures report dated September 10, 2009 regarding YafeelDeutser Potential additional documents â&#x20AC;˘ . YaffefDeutser accounting reports (Mr. Deutser said he had these documents but did not provide them to SKV).

6.

Credibility Ms. Guzman has refused to be interviewed.

Again, Brad Deutser appears to be a credible witness regarding this issue.

He has nothing to gain from lying about Ms. Guzman's request for billboards or her nonpayment for Yaffe/Deutser'~ervices.

D.

Christopher Oliver

1.

. Background on Persons Involved Christopher JOliver is a forty-seven year-old African-American male. Mr. Oliver is the owner/CEO of Tekoa Property Management Group, Inc., a construction cleaning company formed in 1997. He was first elected to the Board of Trustees in 1995, reelected in 2001 and 2007, and served as Chairman in 1999 and 2007. Results of background information and public records searches by our private investigator are included as part of Exhibit 4.

2.

Mr. Oliver's employment by Fort Bend Mechanical ]n January 2009 or early February, Pete Medford at Fort Bend Mechanical asked Trustee Oliver's business, Tekoa Property Management, to perform clean-up work at a few projects Fort Bend Mechanical was doing for Fort

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13end ISO. John Thomas at Fort Bend Mechanical knew Trustee Oliver and told Mr. Medford about Mr. Oliver's business.

As described in the section dealing with Mr. Davila's involvement on behalf of 1's Quality above, Fort Bend Mechanical submitted a bid in November 2008 in response to an RFP for new JOC contractors. Fort Bend Mechanical's bid included an Attachment No. 16, Conflict of Interest Questionnaire that showed no conflicts. See Ex. 39. Fort Bend Mechanical was awarded one of the JOC Contracts #09-04 on December t I, 2008. Mr. Oliver disclosed no conflict of interest to the Board and voted to award that contract to Fort Bend Mechanical. See Ex. 7, pp 8-9.

According to the schedule of payments submitted by Fort Bend Mechanical, Mr. Oliver's company was first paid on March 4, 2009, presumably for work done the preceding week or so. Those payments, totaling $86,330.00 continued somewhat regularly through July 12, 2010, about the time Fort Bend Mechanical provided such payment information to SKV. Payments to Tekoa may be ongoing. Many of the payments were in even numbers, e.g $7,000.00 on four occasions, $5,000.00 on five. See Ex. 40 . During the early consideration of the Chevron ESP Contract on April 7, 2009, Mr. Oliver infonned Dr. Tyler's assistant that Fort Bend Mechanical was one of the subcontractors selected by at least some members of the Board to be hired by Chevron as part of Mr. Davila's understanding with the Administration. See Ex. 10. Mr. Oliver did not disclose to the Administration or to other Board members his business relationship to Fort Bend Mechanical at that time. The subject came up in a conversation between Board Counsel Jarvis Hollingsworth and General Counsel Renee Byas sometime the following week of April.

On or about April 18, 2009 Ms. Byas contacted Mr. Oliver to confirm the existence of his business relationship to Fort Bend Mechanical and to infonn him of his need to disclose the relationship because Fort Bend Mechanical was an HCC vendor. Mr. Oliver submitted the Conflict of Interest Disclosure fonn promptly on April 21, 2009. See Ex. 41.

â&#x20AC;˘

Wben the Chevron ESP Contract #09-32 came before the Board on May 2), 2009, Mr. Oliver did not mention the disclosure or the conflict even though he was working for Fort Bend Mechanical and he knew Fort Bend Mechanical was supposed to get a subcontract from Chevron. See Ex. 11.

Later in 2009, HCC issued a new RFP for JOC contracts for 2010. Fort Bend Mechanical submitted a bid with Attachment No. 16, the Conflict of In1erest Questionnaire disclosing the relationship to Mr. Oliver's company although the form was misdated as October 19, 2007 rather than October

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Assistant District Attorney Public Integrity - Division Chief Harris County District Attorney's Office October 22, 2010 Page 32

. INVESTIGATORY MATERIAL ATIORNEY WORK PRODUCT

\9,2009. See Ex . 42. The award of the new JOC Contracts #10-06 came before the Board at the February 25, 2010 meeting. Having the conflict disclosure form on file, Mr. Oliver complied with his statutory duty and did not participate in the consideration or vote on the contract award. See Ex. 43.

By letter dated April 12, 2010 but actually received by HeC on April 10, 2010, Fort Bend Mechanical submitted a new Conflict of Interest QuestiOlUlaire correctly dated October 19, 2009 and also submitted a Conflict of Interest Questionnaire dated March 3, 2009. See Ex. 44.

SKY received one anonymous letter and was provided a second anonymous letter making accusations about Mr. Oliver. Other than what is described above, we learned of nothing new other than Mr. Oliver's approaching other HCC vendors (Arainark and G&G Construction) about hiring his company on non-HCC projects. He was not hired by either.

See Ex. 45. .

â&#x20AC;˘

3.

Persons interviewed with knowledge of Mr. Oliver's involvement in this matter. Synopses of their interviews are compiled alphabetically in Exhibit 3.

Trustee Bruce Austin Renee Byas Jarvis Hollingsworth Pete Medford Trustee Christopher Oliver Reynaldo Pradia Lynden Rose

4.

Persons not interviewed but expected to have knowledge J0hn Thomas

5.

Documents

A

Documents earlier referenced in this section Ex. 4 - Investigator's initial report regarding numerous people I compames Ex. 39 - Fort Bend Mechanical bid proposal for Project #09-04

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ATIORNEY WORK PRODUCT

Ex. 40 - Fort Bend' Mechanical payments to Trustee Christopher Oliver Ex. 41 - Trustee Christopher Oliver's Conflict of Interest disclosure signed April 21, 2009 Ex. 42 - Fort Bend Mechanical's letter to HCC dated October 19, 2009 providing Conflict of Interest disclosure dated October 19, 2007 Ex. 43 - Regular Board Meeting minutes dated February 25, 2010 Ex. 44 - Fort Bend Mechanical's letter to OSC dated April 12, 2010 providing Conflict ofInterest disclosures Ex. 45 - Anonymous letters regarding Trustee Christopher Oliver 6.

Credibility I-laving beena Trustee since 1995, and having twice served as Chainnan, Trustee Oliver should be very familiar with the Conflict of Interest Disclosure requirements. The HCC Board of Trustees receives an annual update regarding the law on conflicts of interest and open government at a Special Workshop conducted by the Board's outside counsel. Despite this familiarity, and his knowledge that Tekoa was performing work for an HCC contractor, Trustee Oliver did not file the required Conflict of Interest Disclosure until prompted by HCC's General Counsel. However, Trustee Oliver did file the form within the statutorily required seven days of being notified of this conflict.

Trustee Oliver stated that he did not know anything about Fort Bend Mechanical before it was presented for JOC contract in November 2008.

The first check from Fort Bend Mechanical to Tekoa was dated March 4, 2009, presumably for work 'performed in February 2009. Although it is possible that there were discussions between Trustee Oliver and Fort Bend Mechanical before Tekoa Property Management actually began doing work for Fort Bend Mechanical, there is nothing to indicate when these discussions took place.

E.

Hector f'erez Hector Perez became Acting Director of Maintenance after Ms. Gloria Walker and a number of HCC persons reporting to her, including the

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previous Director of Maintenance, left HCC in the spring of 2008. During our investigation we received information from some peopJe interviewed claiming that Mr. Perez received benefits from vendors and/or cut off work to vendors that would not provide benefits he requested. It was also suggested that he got BCC vendors to perform work for Mr. Davila's restaurant and for Ms. Navarro Flores' home. The vendors we contacted about dealings with Mr. Perez and about performing services on Mr. The sign vendor that Davila's restaurant denied any impropriety. perfonned work on Mr. Davila's restaurant confinned he did the work and was paid by Mr. Davila. We received copies of the business records showing payment made from the vendor and copies of the checks from Mr. Davila. See Ex. 46 (from Mighty Works Signage) and Ex. 47.

We also received two anonymous letters accusing Mr. Perez of engaging in potentially criminal actiyities. See Ex. 48. We found no credible evidence to substantiate those claims. Mr. Perez believes that Fort Bend Mechanical or others acting on their behalf or in concert with them are behind these assertions. Mr. Perez got angry at Fort Bend Mechanical because, during the round-the-clock work to bring the HCC campuses back on-line after Hurricane Ike, someone from Fort Bend Mechanical overheard Mr. Perez tell his father, who is a pastor of a church, that he could not leave his HCC duties to go help his father repair the church's damage from Ike. Fort Bend Mechanical provided help to Mr. Perez's father without Mr. Perez asking or approving of Fort Bend doing that. Mr, Perez was angry because Mr. Perez felt it was an attempt to compromise Mr. Perez's integrity . .

â&#x20AC;˘ 1.

Persons interviewed with knowledge of Mr. Perez's involvement on this matter Winston Dahse Tony Garcia Alex and Maria Marin Pete Medford J~sse Patrick H ector Perez Faybian Pierre Dr. Art Tyler

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2.

PRIVILEGED AND CONFIDENTIAL rNVESTIGATORY MATERIAL ATTORNEY WORK PRODUCT

Documents A.

Documents earlier referenced in this section Ex. 4 - Investigator's initial report regarding numerous people I companies Ex. 46 - Invoices and checks from Mighty Works Signage Ex. 47 - Check from Abel Davila / Rico's to Mighty Works dated May 27, 2009 Ex. 48 - Anonymous letters regarding Hector Perez

v.

Conclusion We have described above the matters we were asked to investigate that we concluded justified your office's consideration for potential further investigation and/or consideration as to whether any criminal violations may have occurred. We have also described other matters related to and discovered during our investigation about which we thought it appropriate for you to be infonned while considering the primary matters.

We stand ready to provide any further assistance, whether through meetings to discuss the infonnation submitted or to answer questions about other potential witnesses or documents.

We have been asked by the BCC Board to report to them on our investigation and to advise of any suggested actions they might want to consider taking in light of our findings. In order to provide the greatest protection of the confidentiality of the HCDAO's consideration of these matters, we will not do so unless or until you infonn us that doing so will not in any way hamper or threaten to expose to the public the HeDAO's conducting its secret and critical proseeutorial function.

Let me know if we may be of further assistance.

Sincerely,

i-t

LRV/lme Enclosures

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