PUSH COMES TO SHOVE TUESDAY ON "ILLEGAL DUMPING" DEMAND BY GUS DE LEON

"Regardless of anyone's opinion of Commissioner (Gus) De Leon, the central issue should be accountability and transparency. If taxpayer money is being used to settle this matter, the public deserves a complete explanation of the facts, the legal basis for any payment, and the evidence supporting the amount.
An independent appraisal, a clear timeline of events, and documentation showing who authorized the work and why would go a long way toward restoring public confidence. Personal attacks and name-calling don't answer those questions. The focus should remain on ensuring that any decision is based on verified facts, sound legal advice, and responsible stewardship of taxpayer dollars..." Anonymous Commenter

By Juan Montoya 

Special to El Rrun-Rrun

After we published our posts on the ongoing controversy regarding the demand by District 3 city commissioner Gus de Leon to get a money settlement (which started at $1 million, then $700,000 to $900,000, etc...) for city Engineering and Public Works crews spreading (he called it illegal dumping) of asphalt millings on a road on his family's 10.5-acre property next to the old bridge, we received the comment above.

News coverage of the controversy included statements by De Leon such as: (Valley Central) "A land survey commissioned by the family estimates more than 17,500 square feet of asphalt millings were placed on the property...(KRGV) 'This is probably .94 acres, almost one acre of millings that were thrown on here and about five inches deep,'" De Leon said.

(Interestingly, the Cameron County Appraisal District places the taxable value of the property at $250,000 and  the family has been offering it for $825,000 in local real estate listing since 2018 without any takers.)

De Leon's assertions to news media, in turn, elicited a comment from another reader who said he calculated a ballpark guesstimate based on De Leon's comments. They point out that the road in question was not built by the city, but rather that the entrance and parts of it were improved by the spread of the millings with city equipment and trucks and crews from the entrance on Mexico Blvd,. to the extreme southern end of the property where the Department of Homeland Security has started to build sections of the Border Wall starting last Thursday.

According to security now controlling access to the property, the DHS took control of the property based on a lease agreement with the de Leon family which started this past Thursday. Interestingly, the asphalt millings were spread (dumped, according to de Leon), at the entrance, and along the road and ended near the section where the Border Wall is being constructed. 

A commenter stated that the costs are estimates of what contractors could expect to pay on the local market. 

 

Estimated Fair-Market Cost of Asphalt Millings Road Project
Purpose: The following is a general contractor-style estimate of the fair-market value to furnish, haul, spread, and compact asphalt millings for approximately one acre at an average depth of five inches. 

*This is an estimate of what a private contractor could reasonably charge, not necessarily what the City actually paid.

Assumptions

 Approximately one acre of roadway covered with asphalt millings.

 Average thickness of approximately 5 inches.

 Approximately 38 truckloads of 20 cubic yards each.

 Estimate represents fair-market contractor pricing, including equipment, labor, and

mobilization.

The city commission considered a settlement offer during their July 7 meeting, but were unable to reach consensus and delayed the decision until their meeting tomorrow, July 21.

Meanwhile, the finger pointing has started as residents ask who ordered the crews, machinery, and materials to the site. At what point does this become a felony (value over $2,500) and someone like the Cameron County District Attorney's Office has to step in? 

"Someone in authority had to issue the city crews orders. Who was it? Was it the Office of the City Manager, through Deputy City Manager Doroteo Garcia, formerly Director of Engineering and Public Works,  or the current Director of EPW Maribel Guerrero (right). Or will they throw Asst. EPW director Carlos Lastra under the bus? 

Guerrero, by the way, has no engineering degree, but specialized in public relations before she was appointed as assistant EPW director under Garcia and when he was promoted to Deputy CM, director of the department. As director with authority to order work crews, has she been interviewed? Did she clear it with her ex-boss? What role did she play? The buck stops there."

And was the "dumping," or city-paid road improvements, part of the plan to get it in shape for DHS to move heavy equipment and low-boys that carried them requiring a good entrance and roadway that could accommodate that traffic? 

If there was an "unwritten" verbal agreement to send the crews in the property and make the road improvements, the city commissioners paying De Leon one red cent in taxpayers' money before ascertaining who was involved would be tantamount to engaging in a conspiracy to defraud the public. Again, at what point does this become a felony and the DA's Office  has to step in?

Texas Criminal Code

Abuse of Official Capacity (Texas Penal Code § 39.02): A public servant intentionally misuses government property, services, personnel, or funds. If the value involved is high enough, this offense can be a felony.
Official Oppression (Texas Penal Code § 39.03): A public servant intentionally subjects another to unlawful treatment or denies a legal right while acting under color of office. This is generally a misdemeanor, not a felony.

Tampering with a Governmental Record (Texas Penal Code § 37.10): If someone knowingly created false work orders, invoices, inspection reports, or other government records to conceal what occurred, this can be a felony.
Theft (Texas Penal Code § 31.03): If government materials, labor, or equipment were intentionally diverted for private benefit, prosecutors could examine whether the facts support a theft charge. Whether it is a felony depends on the value involved and the circumstances.

Conspiracy (Texas Penal Code § 15.02): If two or more people agreed to commit a felony and took an overt act toward it, conspiracy charges could be considered.

Tomorrow, this hot-potato issue comes before the city commission in an agenda item in executive session. Will they cave in to his litigation threats and "settle" with de Leon? Or will they perform their due diligence and represent the taxpayers who elected them to look out for their interests?