ELIZONDO DEMOTED? SUSPENDED? OFF B.I.S.D? RUMORS SWIRL

By Juan Montoya
The rumor mill at the City of Brownsville is working overtime with the news that City Manager Charlie Cabler has laid down the law to Fire Department Chief Carlos Elizondo and demoted him to his former rank at the same time telling him he must decide between his job and his elected seat on the board of trustees of the Brownsville Independent School District.

Other reports indicate that Cabler may have suspended Elizondo along with his deputy chief Ernie Estrada. During the labor contract negotiations, the fire chief was granted a concession by Brownsville Firefighters Association #970 negotiators that allowed him to appoint one of two deputy chiefs even if the person had never held an officer status.

Esparza was a firefighter who was picked by Elizondo to be his assistant over other officers who had more experience in the department.

With city offices closed for Labor Day, it was impossible to confirm these reports. However, it is a fact that city commissioners have asked Cabler to take action to address the Elizondo question, particularly in face of an audit that shows potential violations of city budgetary policy.

A source with access to the audit of the department indicates that at least 74 violations – some them related directly to the chief –were uncovered and presented to the city manager to address administratively. It is unknown what specific acts were related to Elizondo, but the most glaring one is the fact that he is in apparent violation of city personnel policy that states he cannot hold an elective office in a jurisdiction within the city to prevent potential conflicts of interest.

Just recently there was a report that the BISD was contemplating suing the city to recover some of the increased utility rates it hiked to pay for the bonds to build a $500 million gas-powered electric generating plant. If there is a lawsuit filed to recover the funds for the plant that was supposed to have been finished this year, the presence of a city administrator among the BSD board of trustees would make the situation untenable.

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."

There's another wrinkle in the works. Currently, the Cameron County District Attorney's Office is investigation a complaint filed by the Brownsville Firefighters Association #970 charging Elizondo with Theft by a Public Official over $8,000 not accounted for in the association's Political Action Committee. If the investigation results in a criminal indictment against Elizondo, he would need the time to fight the charges and could be a impediment to the performance of his duties.

It is becoming increasingly difficult to defend the continued inaction on the part of city administration to address the Elizondo situation. If the issue reaches the point where an item to bring the issue to a city commission vote appears on the agenda, that might force Cabler's hand to react to the audit and related questions.