THE PLOT THICKENS ON GUS DE LEON'S $1 MILLION DEMAND TO THE CITY

City commissioner Gus de Leon calls this illegal dumping, others call it free road improvements

The collage above and the entrance photo and the picture of the wall below were posted by the commissioner on his social page

By Juan Montoya

Special to El Rrun-Rrun

On the same day that our post appeared asking whether City of Brownsville District 3 Commissioner Gus de Leon had sent the City of Brownsville – whom he represents – a demand letter asking for $1 million dollars in damages for spreading asphalt millings on the entrance and parts of a gutted dirt road on his family's property, we received our answer via a social media rant on Facebook.

The answer: Yes.

The details of the situation from which this demand and proposed settlement arise – like the ruts on the dirt road at the 10.5-acre property off Mexico Boulevard and Sam Perl Drive – remain murky. But the upshot from his social media post is that:

1. He is the executor of the Nora de Leon Ramirez estate and represents his family's interests, and apparently, has acted as his family's legal representative vis-a-vis the city  

2. Claims that "We have never sold it, abandoned it, or granted anyone permission to use it for the construction of a roadway or as a dumping site."

3. "The City of Brownsville and tax payers paid for this road without authorization and the misuse of tax payers money. I will not let it to happen to anyone. At no time did the City obtain our consent, request an easement, negotiate an agreement, or provide compensation before entering the property."

4 . "When I discovered the work, I acted immediately. I contacted the City Attorney (Will Treviño), who personally came to the property and witnessed the work in progress. That same day, I delivered a formal Cease and Desist letter (to the city manager?) demanding that all work stop immediately. I also filed a police report to document what had occurred and to protect my family's rights. Despite having actual notice, the work continued for approximately three more days until the project was completed."

According to De Leon, the city work crews allegedly ignored both him and the city attorney and other city officials (city manager, police department?)  and continued to trespass on his property and he then issued a demand letter threatening litigation unless they righted the "wrong."

Since then, he has personally engaged in negotiations with City Manager Alan Gard and City Attorney Treviño who submitted an item on the city commission's executive session to consider a settlement where they would receive between $700,000 and $1 million. 

The Cameron County Appraisal District places the appraised value of the land at $250,000 and real estate listings since 2018 are offering the property at $825,000 with no takers so far. 

"Throughout this process, I have acted in good faith," De Leon wrote in his post. "I have cooperated with the City, attended meetings, provided documentation, and given every opportunity to resolve this matter without litigation. I have also excused myself from any voting on this matter to protect myself and my family."

Does De Leon not see the blatant conflict of interest in which he has immersed himself? He is prohibited, of course, from voting on any issue that could potentially benefit him or his relatives. And he cannot enter into any discussion on any such matter either. So by negotiating on his own behalf is he in violation of this prohibition?

And by taking a active role in personally issuing a cease-and-desist letter, threatening litigation, and personally negotiating with the city attorney and manager (over whom he has the power to hire and fire) to reach a monetary settlement from which he will benefit, he is blurring the lines between being a city commissioner and simultaneously acting as an adversarial litigant against it. 

His fellow commissioners must also tread lightly. The city had worked with the Border Patrol to facilitate their access to their construction of the Border Wall and to patrol the river, many times informally, on that same property without the current controversy. 

"Mill-and-overlay projects are designed to extend the life of a roadway and provide a smoother driving surface for the public. Crews mill off the old asphalt and then come back and repave it with new asphalt, create a smooth driving surface for the public,” said Carlos Lastra with Engineering and Public Works on the city page.

Aerial Google maps show a web of dirt roads traverse the property used by the work crews and federal agents to access the Wall and the riverside. Contrary to De Leon's post, no new roads have been built there, merely the improvements of filling in of ruts on the existing dirt roads and entrance with the millings (See graphic at right.).

The millings which were spread on the dirt roads to facilitate the Border Patrol activities, access of crews to the Border Wall (left) and to level the entrance were gathered by the city work crews from the work on the alleys downtown. 

A local contractor says the asphalt millings are expensive, about $700 for a 20-yard load. Some city officials have said in the past that the arrangement to help the Border Patrol has been performed informally, mostly based on verbal agreements.

"They can call me and I'll pick them up for them for nothing as long as I can keep them," the contractor said.

Meanwhile, De Leon is portraying himself as the paladin of his family's honor and apparently thinks his family's reputation is being defamed to the tune of $1 million. 

"This is unacceptable and I will not allow my family nor my name be exposed to lies and defamation. The City has not claimed responsibility nor said sorry for what has happened. We will not be attacked and lies be told about my family."

A million dollars in taxpayer money, apparently, will help assuage the anguish. A settlement offer was proposed at the last city commission meeting July 7 and is scheduled to be reconsidered during the next commission meeting July 21.