This is a bit off-topic for a flood blog, but it may give inspiration to those who have been devastated by flooding and are fighting to make sure it doesn’t happen again.
Congressman Dan Crenshaw, a Navy Seal who lost an eye in Afghanistan, has posted a powerful 9-minute speech on YouTube that everyone should listen to. Even though he’s addressing graduating high school seniors, it’s a powerful reminder to older people of the core values that make us strong as individuals and a nation.
Crenshaw begins by asking a simple question: Will we be up to the task of meeting the challenges that life throws at us?
Seven Lessons to Live By
He then discusses seven principles that prepare you to deal with the inevitable curve balls that life throws at you. I summarize them below:
Gain perspective. No matter what the challenge, others have had it harder.
Choose your heroes wisely. Emulate the people who have inspired you. Use them as your roadmap to success.
Shame is good. Not shaming others. But shame in the sense of holding yourself accountable to the person you want to be.
Forget about Plan B. This doesn’t mean you can’t change direction. Quitting means settling on a version of yourself that you know could be better.
Live with a sense of duty. Even when there may be no reward for doing the right thing, there’s no excuse not to do it.
Be still. Emotional reactions to hardships chip away at your ability to persevere. So, stay calm.
Embrace hardship. Find new ways to challenge yourself. Seek out hardship. It will make you better prepared to deal with those curve balls. Own your own destiny. Don’t let someone else dictate it for you.
An Ethos to Emulate
Crenshaw ends his speech with an allusion to the Navy Seal ethos. It’s not clear whether he’s quoting or adapting the Seal ethos at this point. But he sure is inspiring. Crenshaw ends with:
“I will not quit in face of danger or pain or self-doubt. I will not justify the easier path before me. I decide that all my actions, not just some, matter. Every small task is a contribution toward a higher purpose. Every day is undertaken with a sense of duty to become better than I was yesterday, even in the smallest of ways.”
“I seek out hardship. I do not run from pain, but embrace it. Because I derive strength from my suffering. I confront the inevitable trials of life with a smile. I plan to keep my head and be still when chaos overwhelms me. I will tell the story of my failures and hardships as a victor, not a victim.
“I will be grateful. Millions who have gone before me have suffered too much, fought too hard, and been blessed with far too little for me to squander this life. So I won’t.
“My purpose will be to protect and uphold the spirit of my great country, knowing that the values and freedoms we hold dear have been paid for with blood and can only be preserved by a strong people. So, I will do my part. I will live my life with fortitude.”
Words of wisdom. For everyone. Not just graduates.
Please take ten minutes to watch Congressman Crenshaw’s video with family and friends – before Memorial Day.
Posted by Bob Rehak on 5/21/2023
2091 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2023/05/20230521-Screenshot-2023-05-21-at-11.27.44-AM.jpg?fit=1200%2C664&ssl=16641200adminadmin2023-05-21 11:34:562023-05-21 11:41:12High School Graduation Speech Everyone Should Watch
Downstream property owners who claim their property was unconstitutionally “taken” by the San Jacinto River Authority (SJRA) during Harvey face more delays in their legal battle for compensation. A final outcome could still be years away.
So, the SJRA then entered a “plea to the jurisdiction.” Basically, a plea to the jurisdiction also seeks to dismiss a case. But it does that by challenging the court’s subject-matter jurisdiction, not by arguing the merits of the case.
On December 16, 2022, the trial court dismissed that, too. Now the SJRA is appealing the dismissal of its plea to the jurisdiction as well. SJRA uses a quirk of Texas law that allows government agencies to file appeals before a case is decided, thus dragging them out.
In the meantime, SJRA has been attacking the report of Dr. Phillip Bedient, a professor of engineering at Rice University, acting as an expert witness for the plaintiffs. Bedient’s report contains explosive allegations. If a jury finds them persuasive, it could be very costly to the SJRA and State of Texas, which backstops the SJRA financially.
SJRA’s delaying tactics and appeals suggest it fears Bedient’s testimony in front of a jury.
Seven Months Arguing over an Expert Witness
The chronology of 334 filings to date with the Harris County Clerk in this case (#1123430) reveals as much about the SJRA legal strategy as the contents of the SJRA filings themselves.
The latest dust-up over Bedient started in August 2022. SJRA claimed plaintiffs had not given them notice of Bedient’s expert testimony. Plaintiffs had given notice two years earlier.
The next item in the court record (November 28, 2022) is SJRA’s objections to Bedient’s declaration. SJRA urged the judge to strike Bedient’s testimony. Plaintiffs objected to SJRA’s objections on 12/1/2022.
Net: the SJRA has spent the last 7 months trying to keep Bedient’s testimony from being heard by a jury. One legal expert I talked to predicts that the SJRA will appeal its plea to the jurisdiction all the way to the Texas Supreme Court. And that plea revolves heavily around Bedient’s testimony.
Bombshells in Bedient Testimony
So, what did Bedient claim that could be so damaging? Read his entire testimony here. It contains a number of explosive allegations.
SJRA told the court it did not model a “no-Lake-Conroe-Dam Scenario.” But Bedient claims SJRA produced a “no dam” model during discovery. Oops!
The no-dam scenario showed:
Lower flood peaks downstream than with the 79,000 cubic-feet-per-second SJRA actually released
Flood peaks without a dam would have arrived slower and given people more time to evacuate.
SJRA originally designed a dam that would have served two purposes: flood control and water supply. It later modified the design before construction to be water supply only.
Flooding would have been less damaging had SJRA constructed the flood-control dam originally authorized.
SJRA justified its release of 79,000 CFS by saying peak inflow was 130,000 CFS. But Bedient says the 130,000 estimate was a short-lived spike from one small area, and that had the SJRA averaged the inflow across the entire watershed, it could have released far less water – 60,000 CFS – while still following its dam operating procedures.
A 1994 storm, during which SJRA released 33,000 cubic feet per second from Lake Conroe, badly flooded Kingwood and Humble. The SJRA later modified its gate operating procedures to avoid downstream flooding, but then released 79,000 CFS during Harvey.
Downstream flooding will likely recur as a result of the current design and operation of the Lake Conroe Dam.
Read more about these and Bedient’s other conclusions on pages 25-27. No wonder SJRA is fighting this testimony!
At the current rate, it could be years before this case goes to trial. Two-years ago – on 5/21/21, the judge issued a deadline for challenges to expert testimony; they were supposed to have been heard 18 months ago.
Posted by Bob Rehak on 5/20/23
2090 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/02/IMG_0205-e1698010167513.jpg?fit=1100%2C825&ssl=18251100adminadmin2023-05-20 19:38:302023-05-21 09:47:23SJRA Loses Plea in Harvey “Takings” Case, Attacks Expert Witness, Files Another Appeal
Eleven leaders have turned over in the last year including five in the last month. The:
Office of the County Administrator has a new interim Executive Director.
Economic Equity and Opportunity Office has a new interim Executive Director.
Commissioners Court Analysts’ Office has had twointerim Executive Directors in a matter of weeks.
Universal Services Department has a new interim Executive Director (effective 5/16/23).
All those “interims” hint at more changes to come. But the changes go even further down several organizational ladders.
Deeper Changes Affect Whole Departments
The new interim leader at Universal Services, Sindhu Menon, began making organizational changes one day after her appointment two days ago. The full scope has yet to be seen. So far, she has reportedly addressed some departmental cultural changes and instituted an open door policy, which employees say is a refreshing change from her predecessor.
Harris County Flood Control District (HCFCD) also announced changes this week on 5/15/23. But the District’s head did not change. HCFCD changes are more structural than cultural.
Let’s dive into HCFCD’s latest reorg, look at how three previous reorgs under Hidalgo have affected operations, and then look at academic research on the impact of frequent reorganizations.
Latest Reorganization at Flood Control
County Commissioners appointed Dr. Tina Petersen, Executive Director of HCFCD, in January 2022. She is the department’s fourth leader under Hidalgo since Russ Poppe resigned in July 2021, less than 2 years ago. Peterson has reportedly been working on her department’s reorganization for approximately the last year.
Dr. Petersen says her goals include:
Enhancing operations
Reaffirming a commitment to administrative excellence
Efficient project delivery
Robust maintenance of infrastructure
Building dynamic partnerships.
Dr. Petersen did not respond to a question about whether the recent, dramatic drop in HCFCD spending had anything to do with the timing of her reorganization. However, all of the announced goals seem generally designed to counter the downward trend below on the right.
Source: FOIA Requests to HCFCD.
After a steady increase following the passage of the flood bond in 2018, spending is now down to approximately the 2017 level (assuming Q1 rates hold). The decrease corresponds to the department’s frequent leadership changes.
HCFCD issued the new organizational chart below this week. It is designed to accomplish Dr. Petersen’s goals, which don’t specifically include speed.
The creation of several new positions at the “chief” level
A curious multi-level relationship between the chiefs
Multiple open positions
A reshuffling of responsibilities under the chiefs
“Demotions” for many departments caused by one and sometimes two additional layers of management inserted between Petersen and people actually doing the work.
Extra layers of management have the potential to slow things down even more rather than speed them up.
Changes Compared to Previous Structure
For instance, Communications used to report to the Chief of Staff and then Dr. Petersen. Now, it reports to a Public Information Officer and an External Affairs division head before the Chief of Staff. See org chart above in the second column from the left.
HCFCD issued no public announcement explaining the changes. So, without a previous org chart, it’s hard to tell exactly what changed unless you are familiar with certain departments (as I was with communications).
The demotion of Communications is regrettable in my opinion. Communications have already slowed and this will slow them further. Consider two examples: flood-bond and website updates.
Already HCFCD has abandoned monthly flood-bond spending updates in favor of twice-yearly.
Many of the District’s web pages refer to upcoming meetings that happened years ago!
“Active Projects” have not been updated on the District’s website in five months, even though many projects have changed.
May 18th screen capture still shows active projects from January.
But the challenges don’t stop there.
Political Interference Has Slowed Flood-Risk Reduction
Irrespective of Dr. Petersen’s talents, she has little ability to control changing priorities above her pay grade. Consider these two examples.
Five items on the 5/16/23 Commissioners Court Agenda (256, 259, 260, 263 and 264) involved $250 million in grants for sediment removal awarded nearly 2 yearsago. The projects were just approved THIS week.
A quarter billion dollars has been parked on the sidelines for almost two years.
Certainly, finalizing construction plans and bidding the jobs consumed part of that time. The reorg might help with those things.
But according to three sources who asked to remain anonymous, political interference from commissioners also delayed the projects. Certain commissioners reportedly didn’t think enough of the FEMA money was being spent in their precincts.
Then there’s the $750 million in HUD/GLO Harvey mitigation funds awarded to Harris County – also two years ago. Instead of asking Flood Control how it recommended spending the money, Commissioners gave that task to the Community Services Department (CSD) which still hasn’t developed a definitive list of projects. Perhaps that’s because CSD has had six changes of leadership under Hidalgo. But CSD did cut HCFCD’s share of the pie by almost a quarter billion dollars.
The parked FEMA and HUD funds represented chances for Hidalgo to reduce flood risk by a $1 billion.
And let’s not forget the annual changes of priorities in the County’s Equity Prioritization Framework that force HCFCD staff to constantly re-evaluate more than a hundred projects.
Common Pitfalls of Reorganizations in General
Many valid reasons exist to reorganize. Likewise, reorganizations also entail many pitfalls.
Frequent reorgs can wreak havoc on an organization’s productivity by demoralizing employees.
80% of reorgs fail to deliver the hoped-for value in the time planned
10% cause real damage
Reorgs—and the uncertainty they provoke—can cause greater stress and anxiety than layoffs
In about 60% of cases, reorgs reduce productivity for a period of time.
An article in Forbes, titled “Curse of the Reorg,” details some of reasons why. It claims, “When companies announce a ‘reorg,’ internal reactions often skew more concerned than excited.”
Forbes continues, “Employees may not perceive this news as a positive change when they’re consumed by questions like: Another reorg, really? What will happen to my job? How will my team change? Will the projects I’ve been working on for months (even years) go away?”
Another article, on LinkedIn, documented how productivity dropped 50% after a reorg because of issues like those above.
Many academic articles suggest that it takes six to nine months to get past the productivity dips associated with reorganizations. One can only wonder whether the leadership changes and reorganizations throughout Harris County are happening faster than productivity can recover from them.
Only commissioners have the power to fix this problem. But service delivery doesn’t seem to be the highest priority of many of them.
Posted by Bob Rehak on 5/18/2023
2088 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2023/05/HCFCD-Org-Chart-Final.png?fit=1896%2C1430&ssl=114301896adminadmin2023-05-18 21:19:582023-05-19 13:30:18Flood Control, Other Harris County Departments Reorganized…Again
High School Graduation Speech Everyone Should Watch
This is a bit off-topic for a flood blog, but it may give inspiration to those who have been devastated by flooding and are fighting to make sure it doesn’t happen again.
Congressman Dan Crenshaw, a Navy Seal who lost an eye in Afghanistan, has posted a powerful 9-minute speech on YouTube that everyone should listen to. Even though he’s addressing graduating high school seniors, it’s a powerful reminder to older people of the core values that make us strong as individuals and a nation.
Crenshaw begins by asking a simple question: Will we be up to the task of meeting the challenges that life throws at us?
Seven Lessons to Live By
He then discusses seven principles that prepare you to deal with the inevitable curve balls that life throws at you. I summarize them below:
An Ethos to Emulate
Crenshaw ends his speech with an allusion to the Navy Seal ethos. It’s not clear whether he’s quoting or adapting the Seal ethos at this point. But he sure is inspiring. Crenshaw ends with:
“I will not quit in face of danger or pain or self-doubt. I will not justify the easier path before me. I decide that all my actions, not just some, matter. Every small task is a contribution toward a higher purpose. Every day is undertaken with a sense of duty to become better than I was yesterday, even in the smallest of ways.”
“I seek out hardship. I do not run from pain, but embrace it. Because I derive strength from my suffering. I confront the inevitable trials of life with a smile. I plan to keep my head and be still when chaos overwhelms me. I will tell the story of my failures and hardships as a victor, not a victim.
“I will be grateful. Millions who have gone before me have suffered too much, fought too hard, and been blessed with far too little for me to squander this life. So I won’t.
“My purpose will be to protect and uphold the spirit of my great country, knowing that the values and freedoms we hold dear have been paid for with blood and can only be preserved by a strong people. So, I will do my part. I will live my life with fortitude.”
Words of wisdom. For everyone. Not just graduates.
Please take ten minutes to watch Congressman Crenshaw’s video with family and friends – before Memorial Day.
Posted by Bob Rehak on 5/21/2023
2091 Days since Hurricane Harvey
SJRA Loses Plea in Harvey “Takings” Case, Attacks Expert Witness, Files Another Appeal
Downstream property owners who claim their property was unconstitutionally “taken” by the San Jacinto River Authority (SJRA) during Harvey face more delays in their legal battle for compensation. A final outcome could still be years away.
Appeal After Appeal
After losing a motion to dismiss the case against it in 2020, SJRA appealed the ruling. But the appellate court also ruled against the SJRA and remanded the case back to the trial court for further proceedings.
So, the SJRA then entered a “plea to the jurisdiction.” Basically, a plea to the jurisdiction also seeks to dismiss a case. But it does that by challenging the court’s subject-matter jurisdiction, not by arguing the merits of the case.
On December 16, 2022, the trial court dismissed that, too. Now the SJRA is appealing the dismissal of its plea to the jurisdiction as well. SJRA uses a quirk of Texas law that allows government agencies to file appeals before a case is decided, thus dragging them out.
In the meantime, SJRA has been attacking the report of Dr. Phillip Bedient, a professor of engineering at Rice University, acting as an expert witness for the plaintiffs. Bedient’s report contains explosive allegations. If a jury finds them persuasive, it could be very costly to the SJRA and State of Texas, which backstops the SJRA financially.
SJRA’s delaying tactics and appeals suggest it fears Bedient’s testimony in front of a jury.
Seven Months Arguing over an Expert Witness
The chronology of 334 filings to date with the Harris County Clerk in this case (#1123430) reveals as much about the SJRA legal strategy as the contents of the SJRA filings themselves.
The latest dust-up over Bedient started in August 2022. SJRA claimed plaintiffs had not given them notice of Bedient’s expert testimony. Plaintiffs had given notice two years earlier.
Then it took almost two months to find a mutually agreeable time for Dr. Bedient’s deposition. During that time, the two sides argued about document production related to Bedient’s testimony. SRA allegedly requested the same documents more than once; plaintiff’s claim they produced them and were under no obligation to produce them twice.
On October 27, 2022, SJRA asked for a continuance until plaintiffs complied. Then, on October 31, plaintiffs again claimed they had complied and that SJRA was trying to manufacture a “discovery non-compliance dispute where none exists, presumably as a pretext to inject further unnecessary delay into this case.”
The next item in the court record (November 28, 2022) is SJRA’s objections to Bedient’s declaration. SJRA urged the judge to strike Bedient’s testimony. Plaintiffs objected to SJRA’s objections on 12/1/2022.
Then, on 1/4/2023, SJRA gave notice of its intent to file an interlocutory appeal on its plea to the jurisdiction. But it took a whole month for the SJRA to write a $3,067 check for the appeal.
Next, the SJRA requested the clerk to forward more records to the court of appeals. Three and a half months later, on 5/18/2023, the clerk finally filed the receipt for the additional records with the court of appeals.
Net: the SJRA has spent the last 7 months trying to keep Bedient’s testimony from being heard by a jury. One legal expert I talked to predicts that the SJRA will appeal its plea to the jurisdiction all the way to the Texas Supreme Court. And that plea revolves heavily around Bedient’s testimony.
Bombshells in Bedient Testimony
So, what did Bedient claim that could be so damaging? Read his entire testimony here. It contains a number of explosive allegations.
Read more about these and Bedient’s other conclusions on pages 25-27. No wonder SJRA is fighting this testimony!
At the current rate, it could be years before this case goes to trial. Two-years ago – on 5/21/21, the judge issued a deadline for challenges to expert testimony; they were supposed to have been heard 18 months ago.
Posted by Bob Rehak on 5/20/23
2090 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
Flood Control, Other Harris County Departments Reorganized…Again
Almost all Harris County departments have reorganized several times under County Judge Lina Hidalgo. By my estimate, the County’s 24 departments have had a total of 47 leaders during her administration.
Revolving Door for Department Heads
Eleven leaders have turned over in the last year including five in the last month. The:
All those “interims” hint at more changes to come. But the changes go even further down several organizational ladders.
Deeper Changes Affect Whole Departments
The new interim leader at Universal Services, Sindhu Menon, began making organizational changes one day after her appointment two days ago. The full scope has yet to be seen. So far, she has reportedly addressed some departmental cultural changes and instituted an open door policy, which employees say is a refreshing change from her predecessor.
Harris County Flood Control District (HCFCD) also announced changes this week on 5/15/23. But the District’s head did not change. HCFCD changes are more structural than cultural.
Let’s dive into HCFCD’s latest reorg, look at how three previous reorgs under Hidalgo have affected operations, and then look at academic research on the impact of frequent reorganizations.
Latest Reorganization at Flood Control
County Commissioners appointed Dr. Tina Petersen, Executive Director of HCFCD, in January 2022. She is the department’s fourth leader under Hidalgo since Russ Poppe resigned in July 2021, less than 2 years ago. Peterson has reportedly been working on her department’s reorganization for approximately the last year.
Dr. Petersen says her goals include:
Dr. Petersen did not respond to a question about whether the recent, dramatic drop in HCFCD spending had anything to do with the timing of her reorganization. However, all of the announced goals seem generally designed to counter the downward trend below on the right.
After a steady increase following the passage of the flood bond in 2018, spending is now down to approximately the 2017 level (assuming Q1 rates hold). The decrease corresponds to the department’s frequent leadership changes.
HCFCD issued the new organizational chart below this week. It is designed to accomplish Dr. Petersen’s goals, which don’t specifically include speed.
The new org chart shows:
Extra layers of management have the potential to slow things down even more rather than speed them up.
Changes Compared to Previous Structure
For instance, Communications used to report to the Chief of Staff and then Dr. Petersen. Now, it reports to a Public Information Officer and an External Affairs division head before the Chief of Staff. See org chart above in the second column from the left.
HCFCD issued no public announcement explaining the changes. So, without a previous org chart, it’s hard to tell exactly what changed unless you are familiar with certain departments (as I was with communications).
The demotion of Communications is regrettable in my opinion. Communications have already slowed and this will slow them further. Consider two examples: flood-bond and website updates.
But the challenges don’t stop there.
Political Interference Has Slowed Flood-Risk Reduction
Irrespective of Dr. Petersen’s talents, she has little ability to control changing priorities above her pay grade. Consider these two examples.
Five items on the 5/16/23 Commissioners Court Agenda (256, 259, 260, 263 and 264) involved $250 million in grants for sediment removal awarded nearly 2 years ago. The projects were just approved THIS week.
Certainly, finalizing construction plans and bidding the jobs consumed part of that time. The reorg might help with those things.
But according to three sources who asked to remain anonymous, political interference from commissioners also delayed the projects. Certain commissioners reportedly didn’t think enough of the FEMA money was being spent in their precincts.
Then there’s the $750 million in HUD/GLO Harvey mitigation funds awarded to Harris County – also two years ago. Instead of asking Flood Control how it recommended spending the money, Commissioners gave that task to the Community Services Department (CSD) which still hasn’t developed a definitive list of projects. Perhaps that’s because CSD has had six changes of leadership under Hidalgo. But CSD did cut HCFCD’s share of the pie by almost a quarter billion dollars.
The parked FEMA and HUD funds represented chances for Hidalgo to reduce flood risk by a $1 billion.
And let’s not forget the annual changes of priorities in the County’s Equity Prioritization Framework that force HCFCD staff to constantly re-evaluate more than a hundred projects.
Common Pitfalls of Reorganizations in General
Many valid reasons exist to reorganize. Likewise, reorganizations also entail many pitfalls.
Frequent reorgs can wreak havoc on an organization’s productivity by demoralizing employees.
A McKinsey survey in the Harvard Business Review (Getting Reorgs Right) found that:
An article in Forbes, titled “Curse of the Reorg,” details some of reasons why. It claims, “When companies announce a ‘reorg,’ internal reactions often skew more concerned than excited.”
Forbes continues, “Employees may not perceive this news as a positive change when they’re consumed by questions like: Another reorg, really? What will happen to my job? How will my team change? Will the projects I’ve been working on for months (even years) go away?”
Another article, on LinkedIn, documented how productivity dropped 50% after a reorg because of issues like those above.
Many academic articles suggest that it takes six to nine months to get past the productivity dips associated with reorganizations. One can only wonder whether the leadership changes and reorganizations throughout Harris County are happening faster than productivity can recover from them.
Only commissioners have the power to fix this problem. But service delivery doesn’t seem to be the highest priority of many of them.
Posted by Bob Rehak on 5/18/2023
2088 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.