Rios seeks rehearing

By ARABELLA SERRATA
Special to the NEWS

Julian Rios has filed a motion for a rehearing in his ongoing legal case against the City of San Benito and Mayor Ricardo “Rick” Guerra, reigniting a dispute over whether city officials violated municipal procedures and state law.

At the heart of the case is Rios’s claim that the City failed to comply with both its charter and the Texas Open Meetings Act (TOMA) when a charter amendment proposal was included on the consent agenda during the City Commission’s meeting on August 2, 2024. Rios argues that this placement did not provide adequate transparency to the public.

In its earlier ruling, the court sided with the City, finding that Rios had not established a “probable right to recovery” under TOMA nor demonstrated “irreparable harm.” The court noted that the meeting agenda had been posted in advance, giving residents sufficient opportunity to review it.

Rios also contended that the City charter was violated because the August 2 agenda did not include the full text of the proposed amendment, as required. However, an appealed court ultimately ruled that he lacked a strong legal basis for his claims and that the temporary injunction he sought was unwarranted. The court further stated that the trial court’s intervention disrupted the election process by delaying the certification of results.

Following the ruling, the City issued a public statement on social media. “The opinion by the court of appeals validates the actions of San Benito elected officials and San Benito voters… The will of San Benito voters prevailed,” said Mayor Guerra.

Despite the City’s celebration of the court’s decision, Rios expressed continued concerns. In an earlier interview with the NEWS, he emphasized that while the court upheld the election, residents still secured a win related to the qualifications of the city manager.

The San Benito City Charter, Article IV, Section 4.01, stipulates that although a newly appointed city manager need not be a resident at the time of appointment, they are expected to move to the city “as soon as practical.” As of now, the City Manager does not live in San Benito, Rios said.

More recently, Rios filed an “Unopposed Motion for Extension of Time to File Motion for Rehearing” in an effort to bring the matter before the full court of appeals. “I’m pursuing the rehearing because I believe the court should hold the City accountable to the charter,” Rios said.

Whether the court grants the rehearing remains to be seen, but the case continues to highlight ongoing tensions over transparency and governance in San Benito.