ETHICS COMMISSION ACCEPTS CARDENAS COMPLAINT, ORDERS RESPONSE IN 10 DAYS

 Special to El Rrun-Rrun

The Texas Ethics Commission has served notice on City of Brownsville District 4 commissioner Pedro Cardenas that it has received a sworn complaint July 15, 2024 alleging that he has failed to file a semiannual campaign finance report due by January 16, 2024, in violation of the Texas Election Code.

The complaint was filed by local resident Esequiel Silva July 15. The TEC notified Cardenas July 18 that it  accepts jurisdiction over the allegation and will investigate the charges as a Category 1 violation. It states that the sworn complaint meets the TEC’s legal and technical form requirements for accepting jurisdiction.

In the July 18 letter to Cardenas, the TEC states that it has jurisdiction to enforce Title 15 of the Election Code requiring finance campaign reports by office holders and candidates.

Further, "the complaint alleges that you failed to report political contributions accepted in connection with a 2023 golf tournament fundraiser. fundraiser. Section 254.031 of the Election Code requires

(c) The second report shall be filed not later than January 15. The report covers the period beginning July 1, the day the officeholder takes office, or the first day after the period covered by the last report required to be filed under this chapter, as applicable, and continuing through December 31."

A review of the city's campaign finance reports indicates that Cardenas is the only member of the city commission who has not filed the required report. But social media posts by Cardenas on his Facebook page indicates that he received contributions for more than 150 donors including political candidates and office holders, vendors doing business with the city, and law firms and businesses. The complaint filed by Silva includes the names of all the contributors Cardenas reported in his Facebook page. Estimates on the total amount contributed during the golf fund raiser easily exceeds $100,000.

The Election Code requires "that each campaign finance report that is filed [emphasis added] contain a disclosure of political contributions accepted and political expenditures made during the reporting period. 

Reporting violations cannot occur until a report is filed. However, when finding a violation for a late report and assessing a penalty, the TEC can consider the amount of political contributions and expenditures that were required to be disclosed in the report. 

"Thus, although the TEC does not accept jurisdiction over the specific allegation for failing to disclose contributions and expenditures, the TEC can still consider these facts as part of the allegation for failing to file the January 2024 semiannual campaign finance report. 

"After a campaign finance report has been filed, the TEC can consider allegations of violations of Section 254.031 of the Election Code if the report fails to properly disclose political contributions, expenditures, or other required financial activity.

The TEC wrote Cardenas that "the sworn complaint allegation will be processed as a Category One violation. Under the law you are required to respond to the allegation not later than 10 business days from the date you receive this notice. Failure to respond will constitute a separate violation for which a separate civil penalty may be assessed."

If there is credible evidence after a preliminary hearing for the commission to determine that a violation has occurred, it is required to resolve and settle the complaint to the extent possible. The commission may impose a civil penalty of not more than $5,000 or triple the amount at issue whichever amount is more, for a delay in complying with the order or for a violation of a law administered and enforced by the TEC.