By LOUIE DIAZ
Judge Fernando Rodriguez Jr., during a hearing on May 7, granted Rosanna Aguilera her request for a temporary restraining order against the City of San Benito, effectively reinstating her onto the San Benito Housing Authority Board of Directors.
The order states that Aguilera shall remain a member of the San Benito Housing Authority Board of Directors until the completion of her current term or her removal in compliance with Texas Local Government Code Section 392.041.
Other requests, in her second amended complaint, including all other emergency injunctive relief were denied, the order states.
The order states that, “the mayor attempted to remove Ms. Aguilera from the Housing Authority without complying with the removal provision in section 392.041.”
Aguilera was appointed to the Housing Authority Board of Directors by former San Benito Mayor Benjamin Gomez in 2019. Her term was set to end on Oct. 31, 2021. She was removed from her position on Jan. 27, after she received a letter from Mayor Ricardo Guerra notifying her that her term on the housing authority board will expire, the order reads.
According to the original complaint, Aguilera wrote a letter to the city and Mayor Guerra on Feb. 2 challenging her removal from the board. In the letter, she requested a 10-day notice alleging one of three grounds for removal from the housing board, a due process hearing, and her first amendment right to speak for herself or have counsel represent her. The city responded to her letter on Feb. 8 and denied her due process hearing.
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