(A visiting judge reset the removal hearing for San Benito Independent School District board president Michael A. Vargas last this week and a motion to remove Brownsville Independent School District board member Erasmo Castro was filed last week. The rarely-used provision allows a judge to remove certain elected officials and replace them pending the outcome of their cases. In the Vargas and Castro's cases, the charges are intoxication after both were charged with DWI.
Under Chapter 87 of the Texas Local Government Code, removal of a school board member can be initiated by petition to the judge of the state district court where the trustee resides. One of the grounds for removal is intoxication.
The code lists 14 elected officials from district attorneys to county judges, sheriffs, county commissioners and justices of the peace who can potentially be removed from office. School board members of independent school districts are included.Those removal proceedings remain pending. Will the visiting judge hearing their cases follow suit of the judge in the Rio Grande City ISD case of board member Daniel J. Garcia?)
By Berenice Garcia
Staff Writer
The McAllen Monitor
A judge temporarily suspended Rio Grande City school board trustee Daniel J. Garcia from his position, pending a trial on whether the removal will be permanent.
Visiting state Judge David Stith signed the order, making the suspension effective immediately. A trial date for the case has yet to be set.
“Obviously, I disagree with his ruling but both Danny and I respect his ruling,” Garcia’s attorney, Gocha Ramirez said Monday afternoon. “We would have preferred that he had a hearing and we would have preferred that we be allowed to put on evidence so that he could have heard that there was not enough evidence to support a temporary suspension, but he chose not to, which is within his discretion, and both Danny and myself respect his decision.”
The signed order states that the court found there was prima facie evidence — or evidence that on first impression establishes a fact unless proven otherwise — “that the allegations in the petition are true and temporarily suspends the Defendant from performing the duties of the office pending Defendant’s trial.”
Ramirez said he didn’t get the impression that the judge would appoint a temporary replacement for Garcia, as the state had requested, but couldn’t say for certain.
“I don’t expect that he’s going to do that, but we’ll just have to wait and see,” Ramirez said. “There’s nothing in the order that hints that he’s going to somehow make a temporary replacement.”
Starr County Attorney Victor Canales, who is representing the state in this case, said he agreed with that assessment, believing the judge would not appoint someone new to the board.
Of the order itself, Canales praised the decision.
“I believe the judge ruled in a way that is fair for the taxpayers and the children of the Rio Grande City Independent School District,” he said, “giving them a voice that has, up to now, been silenced.”
The removal proceedings for Garcia stem from a petition that was filed in May by a former school district employee who, himself, was arrested on attempted bribery in 2017.
The former employee, Ricardo Lopez, alleged that Garcia orchestrated the bribery attempt and alleged that Garcia requested bribes from school district employees in exchange for pay raises or promotions.
However, Garcia has not been charged in connection with those allegations.
In the petition, Lopez also cited an April federal indictment filed against Garcia as part of the basis for his removal from the school board.
The federal indictment stems from an investigation into an alleged bribery scheme surrounding the city of Weslaco’s water treatment facilities.
Garcia pleaded not guilty to the charges.
A judge temporarily suspended Rio Grande City school board trustee Daniel J. Garcia from his position, pending a trial on whether the removal will be permanent.
Visiting state Judge David Stith signed the order, making the suspension effective immediately. A trial date for the case has yet to be set.
“Obviously, I disagree with his ruling but both Danny and I respect his ruling,” Garcia’s attorney, Gocha Ramirez said Monday afternoon. “We would have preferred that he had a hearing and we would have preferred that we be allowed to put on evidence so that he could have heard that there was not enough evidence to support a temporary suspension, but he chose not to, which is within his discretion, and both Danny and myself respect his decision.”
The signed order states that the court found there was prima facie evidence — or evidence that on first impression establishes a fact unless proven otherwise — “that the allegations in the petition are true and temporarily suspends the Defendant from performing the duties of the office pending Defendant’s trial.”
Ramirez said he didn’t get the impression that the judge would appoint a temporary replacement for Garcia, as the state had requested, but couldn’t say for certain.
“I don’t expect that he’s going to do that, but we’ll just have to wait and see,” Ramirez said. “There’s nothing in the order that hints that he’s going to somehow make a temporary replacement.”
Starr County Attorney Victor Canales, who is representing the state in this case, said he agreed with that assessment, believing the judge would not appoint someone new to the board.
Of the order itself, Canales praised the decision.
“I believe the judge ruled in a way that is fair for the taxpayers and the children of the Rio Grande City Independent School District,” he said, “giving them a voice that has, up to now, been silenced.”
The removal proceedings for Garcia stem from a petition that was filed in May by a former school district employee who, himself, was arrested on attempted bribery in 2017.
The former employee, Ricardo Lopez, alleged that Garcia orchestrated the bribery attempt and alleged that Garcia requested bribes from school district employees in exchange for pay raises or promotions.
However, Garcia has not been charged in connection with those allegations.
In the petition, Lopez also cited an April federal indictment filed against Garcia as part of the basis for his removal from the school board.
The federal indictment stems from an investigation into an alleged bribery scheme surrounding the city of Weslaco’s water treatment facilities.
Garcia pleaded not guilty to the charges.
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13 comments:
You dumbass, DWI is NOT bribery! LOL
La cagas, Juan. La cagas.
Culo.
Again, you are exaggerating shit, Montoya. No comparison between bribery and DWI. You know that, yet you put it out there. You, the guy with 3 DWIs and one P.I.
Idiotas re-read the article pendejos and/or go back to kinder bola de guayes can't speak spanish and don't understand english morons...
BISD employee arrested on solicitation charges
Otra vez whats going on here BISD is not doing their job? Who ever hired this individual should also get arrested.
Every holiday, a BISD employee or board gets arrested. HR and Administration dont do nada. Reckless Admins all over the District protected by HR. What an embarrassment. Siempre la cagan gacho.
Thee man who was arrested for solicitation of a minor is a long-time employee of the district. Can you imagine the many students he has been in contact with though out his tenure? So what happens once a person is hire after clearance on his criminal record. Does BISD do checks after they are hired?
Or must it be reported to them before they move to do something? At the point that his is brought forth and made public, the board should immediately take action to protect our students. But look at what is happening with one of their own members who still sits on the board after committing law-breaking
activities. I think 3 of the current board members have a gloomy background but who has bothered to check their record? This teacher/administrator has made a very bad decision to fulfill one of his short-term desires and will now risk all he worked for since he was a student and rose to the ranks of
administrator. What is wrong with us people who fail to distinguish between menso y estupido?
Pa'fuera lo que no sirve!
Juan, eres bien mamon
pair of queens
We should have Judge Stith on the bench down here! Either way, Judge Stith has set precedence and hopefully Judge Banales follows lead? So, Castro and Vargas, be ready to say goodbye!
san betorium or san bene for short, pueblo de locos y maricones
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