Since June of 2012, a sexual harassment lawsuit filed by Melinda Garza Henderson against her former boss Pct. 2 Constable Pete Avila and Cameron County has been wending its way through the state and federal courts.
Now we understand that at this Thursday morning's meeting of the Cameron County Commissioners Court, the court could approve a final settlement in the case which according to some unconfirmed reports could total in the six figures. And some of our sources say that the potential for involvement of other county officials if a suit was allowed to go to trial made it untenable.
The lawsuit settlement could not come at a worse time for Avila who is in the runoff for the Pct. 2 Justice of the Peace, Place 3, against Mary Esther Garcia. That election will be held May 27.
Garcia didn't garner the required 50 percent plus 1 vote to win it outright. Instead, she got 2,628 votes to Avila's 2,489, a difference of 139 votes.
Minerva Peña, a Brownsville Independent School Board trustee, came in third with 2,381, enough to throw the election into a runoff between Garcia and Avila.
"Pete wanted the case before a jury," they said. "But imagine a 71-year-old being accused by his secretary who is much younger than him in Hidalgo County."
However, since the lawsuit was filed in federal court there, county lawyers counseled against it saying that at best he had a 40-60 percent chance of prevailing in the case.
County legal counsel had filed a motion to transfer venue to Brownsville federal court but after a hearing and considering both parties' briefs, on October 10 federal Judge Hilda Tagle issued an order for the plaintiff Henderson, setting the case for trial in federal court in the McAllen Division of the Southern District of Texas.
Tagle said that the counsel for Henderson had filed in Hidalgo County and that "finding that the state court is pending in Hidalgo County, properly or not, the court finds that the McAllen Division of the Southern District of Texas is the proper venue to which the defendants (Avila and Cameron County) should have removed the state action."
Cameron County had argued otherwise and lost the bid to bring the lawsuit here.
In her lawsuit, Henderson said that she had been hired in January 2009 as a secretary for the commissioner of Pct. 2,. Eventually she was promoted to the position of Avila's administrative assistant in the Pct. 2 Constable's office.
According to her attorneys, that's when her problems began.
They allege that during her employment "(she) was subjected to quid pro quo sexual harassment, disparate treatment, a hostile work environment and /or gender discrimination...in the form of lewd, sexually suggestive comments and continued sexual advances by (Avila)..."
She alleges that Avila did not treat her the same as other male employees in the office and that she suffered retaliation or reprisal for reporting allegations of her abuse, exploitation and sexual harassment at the hands of (Avila).
In her statement of facts, Henderson charges that "defendant Pete Avila touched, groped and fondled (her) on her thighs and near her genital area without her consent on at least three occasions during her employment...
"On one occasion, (Avila) told (her) that he would top pressuring her to become sexually involved with him in exchange for money, namely – a $300 cash contribution to his re-election campaign.
"On (one) occasion, (Avila) went as far as to enter (her) home without her consent.
"In February 2011, after reaching for (her) genital area without her consent, (Avila) reminded (her) that her continued secure employment with the county depended on her becoming sexually involved with him."
She also charged that Avila had demanded she sign a letter of resignation, which she said she refused. When she filed a grievance, the county told her she would have to file it first with her immediate superior, Avila himself. He then filed two written warnings against her for leaving the office door closed.
Then, on April 11, 2011, she charges that Avila and three of his deputies entered the office, demanded she surrender the keys to the office and told her she was fired and told her not to return.
Avila and the county issued a general denial of the charges in their response to Henderson's lawsuit.
The causes of action in her complaint list a violation of the Texas Commission on Human Rights Act and the U.S. Civil Rights Act of 1964, sexual harassment, retaliation, and assault and battery. She was asking for lost earnings and special damages including past and future mental anguish, exemplary damages, and attorneys and litigation fees.
As is usually the case in these matters, details of the settlement are usually confidential between the parties.
34 comments:
Ah. Pete was trying to get his 70 year old nuts some action! Well with his age, and looks, I'd imagine he would need to resort to these antics.
Well....this lady has been married so many time its hard to believe she looks capable of blowing his ass...but with that smelly man she must have been desperate for her job .....avila would probably not hold it up even with viagra..viejo horrible
Vieja puta....
This isnandirty trick of Sophie Benavidez. She is releasing this information to help her daughter.
If Pete did all these things he should be jail. This sounds more like a attempted sexual assault. A serious charge, I might add.
So is Sofia Benavidez paying you to print this so her daughter can win the race. This is low even for you. Guess Mary Esther can not win without Mommy pulling stunts like this. SAD!
wow... why didn't this come out before the election??? I voted for him..... waste of tax payers money.... despicable...
otro bueno para nada... salen unos y quieren entrar otros.....
Man that's funked up,PEDRO,PEDRO,PEDROPP
¡Ay, que Pedro!
Turns out his soul is as black as his hair in those recycled 1980 political signs hanging around Southmost.
A quien chingados le importa esto! Ponte a escribir, vato flojo, lambiscon.
It's settled science. When a woman fucks up and gets fired, the next step is to sue for sexual harrassment. There is no need for proof. Just make up outrageous unprovable claims and say that for years she had to put up with it. Districts are so terrified of expensive litigation and scandal that they will settle. There will be no fault and it's free money. All women have to do is point and yell, "WITCH!" for the trial to begin.
Somebody do the math for me . How much are PUB rates going to go up for the new power plant? The increases will be at a compounded rate right?
It seems like this is a big issue that has not gotten a lot of attention, even though it has been covered in Rrun Rrun.
One thing that jumps out is that you can't spin the financial boys. Fitch didn't pulll any punches in its analysis. They wrote about overcapacity - it's more power than we need, rate fatigue - increasing rates for a low income population, and debt - a big jump in our debt load and a probable lowering of our bond ratings, which adds pressure to rate increases further into the future.
There are so many negatives to this plant, we won't have controlling interest, and it's been pushed without public input.
Its true about women yelling fire in the Puss. Ruin a man by accusations of sexual misconduct. Remember the Cameron county auditor several years back. Poor bastard, the women were lying and who keeps their job?
Joaquin,
Pay attention. It says she complained before she was fired. One of the implications is that, in fact, she was fired for complaining.
No sir.. she knew the axe was coming fown when she complained. She enjoyed plsying and joking around with co workers.. in fact Avila was the least involved.. his mistake was not firing her sooner. She is a tease that liked getting her way by teasing the old fart. She should not get shit for calling wolf. Enough is enough, don't give her her way.. oh and lets vote for Avila and allow him to proof himself.. it is known that when a woman comes out and complains about sexual harrassment.. other women follow. . Or is she so great looking that she is the only butt thst this man liked. He has been around for 30 years and he has never had problems before.. so come on men and honest women voters lets set this RIGHT..
I wonder how Commissioner Ernie Hernandez is gonna vote for this one????? Rumor has it he was helping Pete Avila.... I wonder why Minnie Pena is helping Pete
Avila???
Seems like many men in South Texas conform to the Gilberto Hinojosa school of sexual abuse and machismo. Almost daily we have reports of sexual abuse, sexual harassment, spousal abuse and public indecency...all part of the activities adhered to by Gilberto Hinojosa and other officials of the Dumbokratic Party. Why is it that local men are so insecure they have to use their positions of power to get laid or get a feel. Don't these men get any at home. Again, these actions are most prevalent in Third World nations.
Total..... Nadien es culpable... todos inocentes.... Parece que el viejito tiene mucha astucia.... pero como perdio para Constable ya quiere otra posicion.... a que viejito....
Still doesnt give him the right to do this to her, abuse of power
Orale, a que gente..... taking away the attention from the actual crime.... sounds like there is some sour loosers out there....
Vieja pioja...... You forgot to mention that she also got Jimmy Marrique fired for being a whore. She is just a BITCH seeking attention.
I live on Cleveland street and the whole time he was constable he would hang out on the corner or hortencia in a well known crack house. 8am the constable car or truck would be there. . .Lunch time he would be there again in the county car . . .4pm he would be there. At times we even saw him walking out zipping up his pants!!! We made several complaints even to crime stoppers and no one ever did anything . . . I know for a fact that Mr. Avila lives near Rentfro street near the walmart on boca chica . . . Yet everyday even till now he's on the corner or hortencia right infront of Irenes snack shack . . . My guess is he was the protection for that crack house that's if he's not using as well!!!!!!!!!!!
On another note I wanted to state that I worked at Rancho el eden from 2003 to 2006. . .In 2005 we received a patient Dr. Guillermo who was under the care of dolorses Zarate . . . She claimed to be looking for his family yet gave us strict orders not to allow anyone to see or speak to him. . . We received a call once from someone who said he was related to the Dr. but she never looked into it. . . .She refused to take the info we wrote down. . .Then a few months afterwards she had us turn of the camera in his room . . .She went in there with a video camera . . .I heard her coach him in what to say . . .She had him change his will and say she was leaving everything to her . . .She would miss use his funds and when confronted she removed him to Brownsville nursing Home . . .
She worked for Judge Cascos before working for Pete. I don't think anyone wants this to go to trial.
A Pete la gamuza Avila, ya no se para ni con el himno nacional. Se me hace que Pete ya se lo desclocharon y le chingaron los engranes y ya agarra en reversa el vato.
Pete Avila should be disqualified and Minerva Pena should take his place against Mary Esther.
So when are you going to write about the case sitting on Luis Saenz's desk against Mary Ester Garcia? Luis Saenz held it back from the grand jury to protect her election. Guess it pays to be in the click when running for office.
This is a campaign tactic from the Benavides camp. Pretty sad. Anybody who knows Melinda knows how big of a ho she is and how many times she's been married. Drama follows her wherever she goes. Pete might not be the smartest guy in the world, but I don't believe he did this.
LA GAMUSA FACE!
Doesn't it also say the issues began shortly after she started working there? But it took her years to start complaining? Perhaps she was in on it and it ended badly. Regardless, it's her word against his because there is no evidence. I don't see why her word is worth more than his.
Hostile political environments.. is everywhere..right now.. someone like this guy should not be elected..He has cost taxpayers lots of money!!!..how embarrassing. ...what kind of jp..would he make..This is a kiss of death to his career
will be voting for you Pete and my friends too.
@3/12/2014 at 10:11 A.M.
The problem is that PUB has all its subscribers under their thumb!!! They don't allow their subscribers the opportunity to get their own electric company??? Reason, they would have to share their profits with them and they sure as hell don't want that!!!
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