CABLER UNDER THE GUN TO DECIDE ON ELIZONDO'S FATE

By Juan Montoya
With the growing controversy surrounding the police complaint filed by the Firefighters Association Local # 970 against Brownsville Fire Dept. Chief Carlos Elizondo charging him with Theft by a Public Official of more than $8,000 in cash from their Political Action Committee, city manager Charlie Cabler is under growing pressure to decide on what course to take.

And as potential conflicts of interest loom ahead as a result of Elizondo also holding an elected position as a Brownsville Independent School District trustee and issues arise of the district's dealing with the city on a number of issues, some city commissioners are coming to the conclusion that a clear demarcation of duties has to be made.

Should Cabler – as city manager in charge of hiring and firing department heads – require Elizondo to decide what he wants to do: stay on as chief and possibly face a grand jury indictment over the PAC's missing money? Or should Cabler demote him or make him take a lower position? Or should he give him an ultimatum to decide between job and his seat as a trustee on the BISD board?

The city's personnel policy manual's Section 702: Political Activity states that:
"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."
The recent firing of city attorney Mark Sossi after he became a source of controversy and the commissioners found themselves dealing with his personal problems instead of discussing city business set a precedent for a gelling majority on the commission comprised of Cesar de Leon, Jessica Tetreau, Rose Gowen and Ben Neece. This majority chose to cut its ties with the growingly embarrassing situations which embroiled Sossi's personal life and spilled over to his municipal duties.

Only commissioners Ricardo Longoria and new commissioner Joel Munguia sided with Sossi to allow him to remain on the job.

But those commissioners who voted to make Sossi a city employee in January after he promised that he would seek no outside work and continue to receive a $10,000 monthly salary plus another $5,000 monthly stipend from the Greater Brownsville Incentives Corporation, were outraged that a month after they granted him full-time city employee status, Sossi secretly signed a $2,500 monthly retainer with the City of Mission.


We understand that the Mission contract played a large role in some commissioners making their decision to fire the beleaguered former city attorney.

Similarly, Elizondo's continued tenure on the BISD board despite city personnel policies to the contrary were laid at Sossi's desk when he was still city attorney and the issue now rests squarely in Cabler's lap. Sossi's inaction on the matter played a role in his termination, in a way protecting Eizondo. Increasingly, the lawyer's actions were deemed obstructionist by city commissioners who conducted an audit of the fire department but were miffed by Sossi's stalling tactics.

 What will the city manager decide? Is he willing to put his feet to the fire for his fire chief? Or will he finally make a decision and follow the city's own personnel policies?

With a majority of the city commission looking at Cabler to see what he does, his decision (or failure to act) may well place his own position in jeopardy.