DOES CARLOS ELIZONDO HAVE TO RESIGN HIS BISD SEAT?

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."

By Juan Montoya
As the new fire chief for the Brownsville Fire Department, Carlos Elizondo is directly responsible for the enforcement of fire codes, inspections, and for the uniform applications of all regulations having to do with fire prevention rules on facilities construction.
However, while he wears one hat as the city's new fire chief, Elizondo also wears another hat, that of a trustee on the board of the Brownsville Independent School District.
As such, he has the power and authority to overturn decisions made by fire-code inspectors and firefighters under his command which could be interpreted to constitute a direct conflict of interest. As one of the entities involved in facilities construction, the city has a very close (and continuing) relationship with the fire department, and their trustee.
We recall the issue of water pressure at Veterans Memorial High School almost stopped the construction because of the fire-fighting requirements and the safety of the staff and students.  If Elizondo had been fire chief, would things have been handled a bit different? Would corners have been cut that would have affected the safety of the staff and students there?
See how a potential conflict of interest develops very quickly when the fire chief is also a school district trustee? The policy, it appears, was adopted by the City of Brownsville for a reason.
We have been told that the district's administration is mulling over the Elizondo issue and looking for a resolution to the potential conflict of interest.
Now, who will take the bull by the horns? We doubt the City of Brownsville administration with its ethically-challenged counsel Mark Sossi will call forth the issue. And we also doubt that the BISD administration – which counts on his vote with the majority – will do anything about this either.
But just suppose that someone calls forth the issue in a courtroom. Would the city personnel policy on its employees (especially a department head) not holding elective or appointive office in annother jurisdiction survive the test?
If Elizondo has to resign as BISD trustee, will the rest of the board wait until the general election in November, or will they try to appoint someone who will have the advantage of incumbency to help him (or her) win the spot then?
Ideally, the voters of the district should decide who sits there. But will the boad le the people choose?