Lopez subpoenas records, seeks to postpone hearing

By MICHAEL RODRIGUEZ
Managing Editor
editor@sbnewspaper.com

gavelSan Benito Fire Marshal Henry Lopez is asking for the postponement of the April 16-17 Civil Service hearings concerning his recent indefinite suspension until May, this pending further information he’s subpoenaed from the City of San Benito.

“They still haven’t gotten us the records we’ve subpoenaed,” Lopez said of his union representative, Joe Singer’s efforts in requesting documentation pertaining to his case. “So we have to ask for a postponement until May, because in reality they legally cannot go forward with the hearing if we haven’t received the information we subpoenaed.”

Specifically, Lopez said he’s seeking all documentation pertaining to his suspension and any reprimands he’s incurred, not to mention Civil Service and San Benito Fire Department rules and regulations.

Want the whole story? Pick up a copy of the April 15 edition of the San Benito News, or subscribe to our E-Edition by clicking here.

Permanent link to this article: https://www.sbnewspaper.com/2012/04/13/lopez-subpoenas-records-seeks-to-postpone-hearing/

14 comments

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    • howard johnson on April 17, 2012 at 9:10 pm
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    Wow this is more entertaining than a chinese fireworks parade! Keep up the good work..

    • Mark Cassidy on April 17, 2012 at 6:27 pm
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    Oops! My bad! The reason why one should never butt-in on a conversation…

    • Mark Cassidy on April 17, 2012 at 5:24 pm
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    Editor, the meeting was posted Wednesday, “this 28th day of March, 2012 at 4:00….” The meeting occurred Friday evening. The Open Meetings Act requires “continuously post for at least 72 hours” proceeding the scheduled event.

    In other words, a meeting or event would have to be posted no later than 6:00 P.M. on a Tuesday for the meeting or event to occur on a Friday at 6:00 P.M. Any person knowing that requirement would know that, if they check the bulletin board on Wednesday morning and nothing is posted by the city by then, the person would assume nothing sanctioned by the city is occurring any more that week. That a notice was posted at 4:00 P.M. Wednesday is a violation of the spirit of open government and a direct violation of the Texas Open Meetings Act.

    1. I was actually referring to the Civil Service hearing, but we’re checking on the matter involving the Chinese visit.

    • Mark Cassidy on April 16, 2012 at 12:02 pm
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    Editor, your attention to this matter will be greatly welcomed by many in this community. As you can see, few use their real names here for fear of retribution by this administration and ridicule by its supporters, but many have expressed to me these very concerns and questions. As you have learned firsthand, this administration is not forthcoming with requested information, selectively providing only that which places it in a positive light. Please persevere on behalf of all citizens in this community, as the SBNews is perhaps this community’s most prominent ‘citizen.’

    Luna Moon, thank you for your supportive comment. However, the apathy in this community is not limited to Christians, perceived either good or bad. The indifference by the citizens in this community span all religions, sexes, races and walks-of-life. Many in and outside this community of good, decent, hardworking people believe the politics in this town is corrupt, and have accepted for too long that it is their rite of existence; that it will never change..that it cannot change. It can change! It will change when the humblest citizens have had enough.

    Have you ever noticed the names of citizens serving on boards and committees in this community? It is the same names serving on all, recycled over and over. That is the reason the city meetings are attended by so few! This community has a handful of community leaders elected by the populace who do absolutely nothing to cultivate citizens involvement. Why attend and express interest to participate when one’s enthusiasm for civic involvement in crushed in favor of the person with the proven track record for furthering the sole agenda of the person who appoints?

    Luna Moon, with all due respect, that you “hear” no one attends city meetings imply that you yourself do not attend. Please attend! I am guilty of not attending as often as I should, too. Please bring your family, especially children. We take our children to sporting events and they emulate athletes and want to be them when they grow up. Perhaps, if they attend community meetings, they will want to aspire to be community leaders when they grow up.

    I urge all parents and teachers who read this to bring your children to city meetings. Let them participate in the pledges of allegiance to the United States and the State of Texas. Let them listen to public comments and encourage them to speak for themselves about issues that concern them: A public pool, a skateboard park, the conditions or access to public parks…or why the adults in this community can’t get along. Leave after the first few agenda items if they and you must. Most importantly, though, let them FEEL, if only for short periods, a sense of civic involvement.

    The greatest resources for the future of San Benito will not be found in China. The greatest resources for the future of this community can be found at most breakfast tables and classroms here in San Benito.

    • Luna Moon on April 15, 2012 at 8:57 pm
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    Thank you Mr. Cassidy. It is refreshing to see at least one person is not willing to accept the status quo. I wonder where all of the so-called ‘Good Christians’ are? I hear that no one ever goes to the City meetings. The outrageous behavior of these people will be remembered for years to come.

    • Mark Cassidy on April 15, 2012 at 3:11 pm
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    Denny Crane Jr. ~ Obviously, you are one of the few in this community who understands what is going on here, but not sure even if you realize the depth of impropriety this administration is perpetrating on its citizens and the law. In addition to not notifying the media about the Chinese delegation’s visit, the city’s administration vaguely posted a “Public Notice” less than 72 hours prior to “a ‘visitor’s’ gathering…in the event a quorum of the San Benito Elective Commission is present.” With all the publicity surrounding the trip to China, I am outraged by the administration’s attempt to circumvent the spirit of the Texas Open Meetings Act and secretly usher in to and out of town the Chinese delegation under the cover of darkness. I do believe this was a violation of the Open Meetings Act.

    Why are the citizens and media not asking the following questions?

    In each of the photos furnished by the city for publication, one person is prominent: Sandy Phan-Gillis. Why?
    * Who is she?
    * Why is she involved with the city?
    * Why did she accompany city officials to China?
    * What is in this for her?
    * Why is she devoting so much time to San Benito and how is she being compensated?

    I believe Joe Ochoa was also present in the one photo I saw, has an office in Hong Kong where city officials directly flew (not Shenzen) from Houston. The very same questions pertain to him, as well.

    What I find particularly puzzling is the fact that Victor Gutierrez, the engineer from the Corpus Christi firm of Coym, Rehmet & Gutierrez, allegedly “hosted” the event. Why? What is in this for him? Didn’t the city commission, under Mayor Jack Garcia, order his firm to finish its work wih the city and new contracts be awarded to a list of local engineering firms? Why is Gutierrez still here and why is he involved with the city’s interests with the Chinese? He is NOT the City Engineer, he is a city-contracted entity that should not be involved in the politics or business of the city.

    What do these three business people – Phan-Gillis, Ochoa, and Gutierrez – have to gain by San Benito’s involvement with the Chinese? I saw the invitation to China, and no where in it does it state the Chinese will pay the mayor’s and city manager’s expenses. Is it possible that any one of the three or all of them paid their expenses? Why are these three people prominently involved with San Benito’s relationship with the Chinese? Why are these three people present along with the city commission and selected EDC members/friends of the mayor when the Chinese visit but the media and citizens are shunned?

    This administration has violated the spirit of open government and set it back decades. This administration is masterful at manipulation, providing information when convenient and stonewalling when it has something to hide. It uses the media as it sees fit and shortchanges the citizenry for its own gain. Only wish everyone in this community would wake up, come together and put an end to this administration’s unbridled reign.

    1. We’ll be taking your concerns to city officials in hopes of getting these questions answered, Mr. Cassidy. Thank you for bringing them to our attention.

    • DelaSera on April 15, 2012 at 11:15 am
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    Doesn’t this constitute a meeting and require a posting? If a quorum exist? How did they get around it?

      • Luna Moon on April 15, 2012 at 8:52 pm
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      Yes, it did require a meeting being posted, but WHO CARES! Remember where you are!

    1. City officials confirmed with me that the meeting was indeed posted.

    • Denny Crane Jr. on April 14, 2012 at 4:32 pm
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    OneSidedStory……..I too haven’t read the story yet but I am pretty sure Mr. Lopez is being represented by legal counsel and it was the attorney who requested the subpoena.

    I do not believe he is a Pro Se litigant (representing himself without an attorney).

    I agree with the editor; this is a one-sided story due to the fact that the City Administration is not willing to answer any media’s questions.

    It is not just the San Benito News, the other Valley media (tv and print) are experiencing problems getting a comment from City Hall.

    Contrast this story with the China Trip story. At that time, City Hall (the Mayor and the city manager) was speaking with all TV stations and newspaper reporters.

    However, when the three person Chinese delegation was visiting the Valley none of the media was made aware. It was after they departed that the media was made aware by city hall of the Chinese visit. They even provided the photographs.

    If you look at the photograph provided to the media, you will notice that only the City Commission and the Mayor’s circle of friends were invited to the event!

    The citizens of San Benito cannot be this “gullible”!

      • Luna Moon on April 15, 2012 at 8:50 pm
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      Unfortunately the citizens ARE that gullible. Most don’t even vote and are more interested in who is playing the Hounds on Friday night.

    • One-Sided-Story on April 13, 2012 at 11:12 pm
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    I haven’t read the entire story/newspaper, but …didn’t Henry Lopez just shoot himself in the foot?

    Only attorneys can subpoena documentation…Joe Singer is not an attorney–he is a union representative. Unless Henry is pro se ????

    Oh well, I will read it later.

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