SUDDENLY RUBEN CORTEZ, THE GOUGER, BECOMES SUPERMEX

By Juan Montoya

In the past year, Brownsville resident Ruben Cortez, the son of JP 2-1 Linda Salazar, has emerged as the defender of Hispanic history, culture, and the paladin of the dominant culture's abuse of Mexican-Americans.

As a member of the State Board of Education (SBOE, District2 ), he has been the willing point man on the board to lead the fight for Mexican-American ethnic studies in text books and in the cultural narrative of the state.

(He is facing City of Brownsville IT specialist Tad Hasse for the District 2 spot in the November general election.) 

But when he was a member of the Brownsville Independent School District board of trustees, Mexican-American rights were the farthest concept from his mind. Today, as part of his SuperMex image he advocates educating Hispanics instead, he says, of incarcerating them. That's really commendable, and not a bad idea. But acts, the saying goes, speak stronger then words.

You see, when Cortez was on the BISD board, he was also partners with Brownsville attorney Rick Zayas in servicing the Cameron County Jails commissary contract. The contract at that time was awarded by the Sheriff (Omar Lucio, the current office holder), to a vendor of his choice. Most of the time Lucio, as other sheriffs before him,used it as a plum to reward their political supporters. Since Cortez was the son of JP 2-1 Salazar, and the sheriff's chief deputy was Cortez's cousin, the contract award was seen as a way to keep the profits in the family.

With the burgeoning inmate population (about 93 percent Hispanics) at about 1,500, the take from selling them consumer goods like clothing, snacks, toiletries, etc., approached $1 million annually.

Of that, the sheriff kept close to 30 percent, giving the partners nearly $800,000 or more as the commissary contract holders. Lucio was questioned by inmate-rights advocates whether it made any fiscal or political sense that a full three-quarters or more of the cash generated should end up in the pockets of the private vendor Snakery (Cortez and Zayas).

Following years of media reports indicating that prices for basic items used by inmates were being jacked up to boost vendor profits and gouging the inmates with the general fund county coffers receiving nothing in return, these groups were urging the commissioners court and Sheriff Lucio to reconsider the arrangement.

The original term of the contract with Snakery was from January 2005 through January 2007. It was amended December 2006 to expire January 2009. The auditor's office found no contract in effect after January 2009 to January 2010. On November 2009, new requests for proposals were opened and awarded to Snakery which will run through December 2012.

"Annual commissary sales for the fiscal year 2009 were $925,512, including sales taxes collected," the audit report prepared by the Cameron County Auditor states. "Payments to the commissary vendor was $765,732, consisting of reimbursed sales tax collections of $43,665; reimbursed costs of goods sold of $348,767; and $373,300 or 70 percent of net sales. The available balance, plus interest earned, was available to expend on behalf of inmates."

In short, Snakery kept $781,542 as its share of the $925,512. The sheriff's department's share was $159,780, with this money going to fund operations and inmate services. Only a small amount, perhaps $52,000, went directly to inmate services.

Inmate relatives charged that the operation under Cortez and Zayas amounted to a "sweetheart" contract that gave the bulk of the profits to the vendor while putting nothing into the general fund. The said that if the contract was more evenhanded, commissioners would not have to make at least a $500,000 outlay to the department.
"Prisoners aren't the only ones getting gouged," they said. "Taxpayers are, too."

When Cortez and Zayas were running the commissary:

1. A pair of plain white (the only color sold or allowed) boxer shorts will cost $4.50. A set of three shorts at Wal-Mart will cost about the same, or less. And at wholesale, those same shorts probably cost less than $1.

2. A thermal top, a critical item inside where temperatures are kept very cold, was listed at $8.30, more than twice or three times the cost at a store on the outside. 

3. A woman's plain sport bra (no metal parts) will cost a female inmate $9.00. Panties were $2.70 each and a travel pack of Femtex Tampons cost $3.00

4. And a serving of Ramen or Maruchan noodles you can buy at HEB or Wal-Mart for 15 cents go for 65 cents apiece. 

5. A small bar of Baby Ruth or Snickers candy cost $1. 

6. A bag of off-brand tortilla chips that would cost less than $2 sold for $3.25.

Under pressure from advocacy groups and inmate families, Lucio eventually bid the commissary contract. Cortez and Zayas were out and a national company was awarded the contract. Since then, others have bid for the contract.

But today, as we see Cortez vie for the role of SuperMex defending the rights of Mexican Americans in the state, we can't help but remember when there couldn't be enough Mexican-American prisoners in the Cameron County jails (a captive audience) for him to gouge them in the commissary. 

At that time, the rights of locked up Hispanics, or any other kind, was the farthest thing from his mind.