TEC FINES CORTEZ $10,OOO FOR MULTIPLE ELECTION VIOLATIONS

 Special to El Rrun-Rrun

The Texas Ethics Commission has levied a $10,000 fine – double the $5,000 cap on election penalties – on former Texas House of Representative D-37 candidate Ruben Cortez after finding that he repeatedly violated election law by failing to file election finance reports, filing late, and repeatedly failing to respond to its notices and inquiries. 

Additionally, the TEC gave him 30 days from the June 24 notice of default judgement to pay the $10,000 fine or the civil penalty will be referred to the Office of the Texas Attorney General – as are child support payments – for collection proceedings. No payment on the sanctions have been reported.  

The TEC issued its default judgement and Final Order on June 24, 2024 after holding a preliminary review hearing June 18 in Austin where Cortez failed to appear to respond to two complaints despite numerous documented efforts by the TEC through registered mail. telephone calls and emails, all of which he failed to respond or disregarded.

The TEC determined that it had given Cortez legally sufficient notice and that he had not demonstrated good faith to address the violations.

In considering assessing the fines, the TEC examiners stated that they assessed the following factors:

1. the seriousness of the violation, including the nature, circumstance, consequences, extent and gravity of the violation; 

2.the history and extent of the previous violations;

3. the demonstrated good faith of the violator, including actions taken to rectify the consequences of the violation; 

4. The penalty necessary to deter future violations;

5. and any other matters that justice may require 

With a quorum present, the TEC board found that Cortez's failure to respond to the sworn complaints "demonstrates a lack of good faith" by filing the July 2022, January 2023, and July 2023semiannual reports late, and failed to file three 2023 special legislative session reports.

"Given the respondent's pattern of disregard for the sworn complaint process and the laws enforced by the TEC, a substantial penalty is warranted," the order states.

Cortez's latest campaign finance report filed May 20, 2024, indicates that from February to May he had received $42,330 in political contributions for the May 28 runoff election for D-34 which he lost to former Brownsville Justice of the Peace Jonathan Gracia, spent $347,164 and had a total of $11,192 left on the last day of the reporting period.

Among those contributing their member's funds to help Cortez get elected were organizations like the Association of Texas Professional Educators ($3,000), Patrick Hammes, American Federation of Teachers president of  Brownsville Educators Stand Together (BEST) Leader ($1,000), Planned Parenthood of Texas Votes ($3,000), Texas AFL-CIO State Cope Fund, Texas Parent PAC ($2,500), the Texas State Teachers Association ($1,000), 

Other notable contributors to Cortez's failed bid for state rep were Brownsville engineer Carlos Marin ($1,500), Joe Salazar, an insurance agent from Brownsville ($500), Brownsville Independent School District board legal counsel O'Hanon, Demerath and Castillo ($1,000), El Padrino Bail Bonds ($2,500), and Nicole Ortiz ($10,000), a Harlingen resident who is described as being self employed.

Apparently still smarting from his defeat at the hand of Gracia, Cortez has reportedly started a WhatsApp chatroom urging voters to vote republican in the November general election and declared that he would challenge Gracia in the next state rep elections.

Astoundingly, on a nomination by his longtime business associate Brownsville attorney and charter schools representative Rick Zayas, Cortez – which the ethics commission sanctioned for ignoring the law – was named chairman of the board of the Region One Education Service Center. 

The Region One ESC region is made up of the eight county area of deep South Texas including Brooks, Cameron, Hidalgo, Jim Hogg, Starr, Webb, Willacy and Zapata counties and includes 38 school districts, including the Brownsville Independent School District (BISD). 

Among its duties is to approve vendors to service the districts with purchasing to include food and energy purchasing, and human resource cooperatives. In 2015, it approved Valco Foods to provide barbacoa to its member districts and ran afoul of U.S. Department of Agriculture rules that prohibit the purchase of Mexican products with federal funds, resulting in the BarbacoaGate scandal where BISD bought spoiled meat which was processed in Mexico. Cortez was on the Region 1 board at the time and has been there since 2011.

The investigation led the director of the Food and Nutrition Service Silveiro Capistrano to commit suicide the day before he was to meat with federal investigators.

Judging from his Facebook page, he and his BISD-employed wife are living in the lap of luxury and contemplating his next stab at elective public office. Will Cortez now use his campaign contributions from educator groups to pay for his $10,000 fines as a result of the TEC election violations?