Wednesday, December 14, 2016

WILL PUSH EVER COME TO SHOVE OVER BROWNSVILLE FIRE CHIEF BEING ON BISD BOARD? NEW AG OPINION CITED

By Juan Montoya
During this year's Brownsville Independent School District election for the board of trustees, much was made over the fact that firefighter Rigo Bocanegra was running for office when the city personnel policy manual specifically prohibits a city employee from serving on the board of a jurisdiction that overlaps the city.
The city manual states that:

Section 702: Political Activity
"B. Specifically, City Employees may not engage in the following activities:
4. Hold an elective City office or hold an elective or appointive office in any other jurisdiction where service would constitute a direct conflict of interest with City employment, with or without remuneration. Upon assuming such office, an Employee shall resign or shall be dismissed for cause upon failure to do so."

Left unsaid, of course, was the fact that another city employee, fire chief Carlos Elizondo, was already on the BISD board, contrary to decisions made in the landmark El Paso case.

Coincidentally, that decision that forced the city of El Paso to give a firefighter who won election to the Socorro ISD a choice of keeping his job or sitting on the school board was made when Dr. Sylvia Atkinson was superintendent there. The firefighter chose to keep his job and did not serve on the board.

Atkinson, on the other hand, is on the BISD board now and could force the issue of Elizondo being on the board if she so desires.

But don't hold your breath that the civil service rules (or for that matter any other rules) will be followed or enforced in Brownsville. We have a city manager who should have been a firefighter because all he does for his $240,000 salary is put out brush fires, and an ethics-challenged city attorney who has been likened to a bobble-head because he tells the city commission and Da Mayor that it's "legal," though not necessarily right or moral. 

Now the issue of a city employee who has authority over public health (like a fire chief) has been issued by the Texas Attorney General. It deals with conflicts of issue that a fire chief can have if he sits on the local school board. We thank one of our readers for the catch and post the relevant part below.

"The AG has adopted an old opinion which deals with the potential conflict and includes public health. If Elizondo is over the Fire marshal and they are responsible for inspecting BISD's fire prevention measures and extinguishers, Elizondo has a conflict. He can order his staff to ignore violations which will cost BISD money, or order the citations issued which will cost BISD money."

From the AG opinion:

"A Texas court first described conflicting-loyalties incompatibility in the case of Thomas v. Abernathy County Line Independent School District, 290 S.W. 152 (Tex. Comm'n App. 1927, judgm't adopted), in which the court held the offices of school trustee and city alderman to be incompatible. Id at 153.

The court said that there are in the city council or board of aldermen various directory or supervisory powers exertable in respect to school property located within the city or town and in respect to the duties of school trustee performable within its limits-e.g., there might well arise a conflict of discretion or duty in respect to health, quarantine, sani~ary, and fire prevention regulations.

If the same person could be a school trustee and a member of the city council or board of aldermen at the same time, school policies, in many important respects, would be subject to direction of the council or aldermen instead of to that of the trustees."

"Under this opinion if Elizondo's fire inspectors have jurisdiction over BISD he has a major conflict because he can authorize citations against BISD, or order his staff to not issue the citation.

He also has the problem of the non existent conspiracy. He may order nothing, but the inspectors fearing for their jobs may not issue citations. Elizondo could be in the total dark about what is happening – hence a non existent conspiracy – but his employees act out of fear and not any real order or command from Elizondo."

23 comments:

Anonymous said...

So what?

BobbyWC said...

Well done Juan. You kept it focused and no one can yell bias. But remember politics. Baltazar and Miguel are hangng on to their jobs by thin ice. I have known Miguel since law school. The first year is like middle school where you all have the same classes with the same instructors. We were in the same group for a year. He is ethically and morally challenged. So politics will turn a blind eye so certain trustees an get what they want. This is the story we must watch. There is no issue, the city needs to put it to Elizonda, Fire Chief or BISD Trustee. But of courtse Jessica will cut as many deals as necessary with Martinez and Cable to protect Elizondo. There are some real stories here.

2017 should be interesting. It is time we demand Villarreal, Gowen, and Portillo chime in. They can put it on the agenda, but they will not, and their failure to do so should be an election issue.

Bobby WC

Anonymous said...

Nothing will happen. wasting your time, juanito

Anonymous said...

Since when did any local officials pay attention to the "rules"? BISD officials only follow the "rules" when it benefits them or their politics. The idea of "conflict of interest" is usually ignored throughout the county, but especially in BISD where conflicts of interest are more common than thought.

Anonymous said...

Remember nothing last for ever!!!

Anonymous said...

hey, Blimp, we don't need your stinkin comments here, get back to your shitty blog

Anonymous said...

Good job well written te avetaste!

Anonymous said...

So why is Elizondo allowed to serve both and Elia Lopez was given an ultimatum. Friends or no friends, rules are rules. Who is in charge of making Elizondo choose? And why are they turning a blind eye?

Anonymous said...

Who do we have to hassle to follow the rules? Dr Z. DO YOUR JOB!!!

Anonymous said...

Sylvia and Jessica Tortas are tight. Elizondo won't go anywhere.

Anonymous said...

FESTER HAS TO LEAVE!!! AND WHOEVER DROPPED THE BALL IN TELLING HIM HE CAN BE CHIEF AND ON THE BOARD SHOULD BE ASKED TO LEAVE AS WELL!! POR PENDED0!

Anonymous said...

RICARDO LONGORIA IS A FUCKING FAKE FAKE FAKE LOSER FAT MAN. PONTE ROPA PENDEJO!!! YOU ARE A JOKE!! YOU ARE EMBARRASSING SOUTHMOST YOU STUPID JOTO!!! GO SUCK SPEEDYS DICK SO I DONT HAVE TO HEAR YOUR UGLY VOICE YOU UGLY PENDEJO!!!

Anonymous said...

This is Browntown, we don't need no steenkin laws, we got palanca! Laws are for pinche Gringos!

BobbyWC said...

To "So why is Elizondo allowed to serve both and Elia Lopez was given an ultimatum. Friends or no friends, rules are rules. Who is in charge of making Elizondo choose? And why are they turning a blind eye?."

Great Question:

Elia was up against the Commission on Judicial conduct. They had the ability to pull her judicial credentials if she did not pull out of the BISD race. As to Elizondo, it is up to Cabler, or the city commission. John Villarreal, Debbie Portillo or Rose Gowen can put it on the agenda and they will not. This is one of many election issues we must start to push come January.

Bobby WC


Anonymous said...

When I hear Tetreau making fun of an overweight person I want to ask her, "Bitch, do you own a mirror?" She honestly thinks she's hot so I doubt she's noticed her Dallas Cowboys linebacker arms, crooked nose, ugly ass smile, and teeth like a jack o lantern.

Anonymous said...

This is clearly a violation of the Personnel Policy Manual, you can't be a city employee and board member at the same time. Conflict of interest big time, why is the city commission turning a blind eye? Do we need the attorney general opinion? Let's do the right thing and give the Fire Chief a choice, ethier stay as Chief or hit the road. This is not legal at all, don't see why this situation has been allowed to continue unchallenged.

Anonymous said...

BLA has been without fire alarm system for some time now. Crew is currently working on installing new wiring and equipment in order to have a fully functional system, yet fire chief who is also board member turns a blind eye and ignores all safety precautions. I guess BLA students are the "deplorable" of BISD, students that their home campus forcibly sent over because they failed to provide the necessary education.

Anonymous said...

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Anonymous said...

Well said Bobby!

Anonymous said...

Being a lawyer and judge, Cornejo should know that you can not hold two elected positions at the same time but like usual, she thinks that rules do not apply to her or her kids. Mr. Elizondo was appointed by the Civil Service Commission, not elected. Besides, he sat on the board before he was appointed and as a board member, he can abstain from any motion that includes a conflict of interest. I would think that as a board member, he would be on top of any violations evident at BISD before they become an issue that requires a citation and all the other board members should also do that. Sorry to see that the "crab
story" is so true about the Mexican crab pulling back the other Mexican crab who is trying to escape from a negative scenario. If you feel that Elizondo should not be there, why don't you have the guts to try running for the position yourself? Bueno bye!

Anonymous said...

I don't think Atkinson would open up her Socorro ISD incident where she left with her tail between her tails for the corruption she participated in - but left with money in her pocket paid by the district to get rid of her, just like BISD did before she left for Rio Hondo. Oh, and how is she managing to keep her job in Rio Hondo when she is constantly at the Glass Palace throwing her weight around and still trying to intimidate the employees just like she always did when she was here. It would be calling the kettle black without thinking that her black kettle is burned more than some. Que compone ella jus

Anonymous said...

if this was ex Fire Chief Lenny Perez as BISD board member he would have been fired long ago. And the ones that would have been pushing hard to dismiss him would have been the Same firefighters that turn a blind eye on the current Chief.

Anonymous said...

She also likes to make fun of old people. Has she taken a look at her husband? The dude looks older than tony martinez even with his hair dyed.

rita