BREAKING NEWS
NEWS Staff Report
In response to former Mayor Joe H. Hernandez’s announcement earlier this morning concerning his intentions to drop his federal and state lawsuits against the City of San Benito, current Mayor Jack Garcia expressed mixed feelings on the matter.
In an emailed statement to the San Benito News, Garcia said he was “glad to hear” of Hernandez’s decision to dismiss the suits, referring to Hernandez as a political candidate running for the post now held by Garcia.
However, Garcia also took issue with the expenses incurred by the City of San Benito in legal fees as a result of Hernandez’s suits.
“Regrettably, the city has already spent more than $15,000 in legal fees in defending itself against Mr. Hernandez’s lawsuits — money that could have been better spent for our community,” Garcia’s statement read.
In a press release Hernandez submitted to the News Thursday morning, the former mayor targeted Garcia, referring to his opponent in the upcoming May 14 mayoral election as one who makes “partisan politics and power grabbing” the “hallmark” of Garcia’s “office-holding tactics.”
Garcia responded with the following: “Interestingly, the only court ruling thus far has been in favor of the City of San Benito, and showed that neither the commissioners nor I were engaged in ‘dirty politics.’ This entire situation has been quite embarrassing for our community — a situation which could have been resolved expeditiously and discretely if only Mr. Hernandez had followed the city charter. Aside from representing the city at different occasions, I serve in the capacity of mayor of San Benito only when I meet with the full board of city commissioners and, as such, make decisions with the consensus of the majority of the commissioners. For me to grab power and exercise partisan politics would be an exercise in futility.”
Below is Mayor Jack Garcia’s statement in response to Joe H. Hernandez:
On behalf of the citizens of San Benito, I am glad to hear that Mr. Hernandez has now chosen to take the “high road” now that he is running for office.
Regrettably, the City has already spent more than $15,000 in legal fees in defending itself against Mr. Hernandez’s lawsuits — money that could have been better spent for our community. Interestingly, the only court ruling thus far has been in favor of the City of San Benito, and showed that neither the Commissioners nor I were engaged in “dirty politics.” This entire situation has been quite embarrassing for our community—a situation which could have been resolved expeditiously and discretely if only Mr. Hernandez had followed the city charter. Aside from representing the City at different occasions, I serve in the capacity of mayor of San Benito only when I meet with the full Board of City Commissioners and, as such, make decisions with the consensus of the majority of the commissioners. For me to grab power and exercise partisan politics would be an exercise in futility. How Mr. Hernandez wishes to conduct himself during this election is entirely his decision. I, however, will not resort to name-calling or make unfounded accusations. I also look forward on hearing the voters mandate of San Benito on election day.
Respectfully,
Mayor Jack Garcia
City Of San Benito
(Previously reported on sbnewspaper.com)
Hernandez initially filed a temporary injunction in the 445th Judicial District Court in Brownsville in February of 2010 in an attempt to block the city from what commissioners – then Pl. 1 Rene Farias, Pl. 2 Jack Garcia, Pl. 3 Bill Elliott and Pl. 4 Celeste Z. Sanchez – deemed an automatic forfeiture of Hernandez’s then-mayoral capacity based on the strength of City Attorney Jan Cassidy’s legal opinion that Hernandez violated the city charter by owing back taxes to the city during his term in office.
According to the charter language, a forfeiture of office occurs when a city commission member forfeits their office if they lack at any time during their term any qualification prescribed in the charter or by law, which includes paying all taxes due to the city.
District Judge Rolando Olvera of the 445th court eventually ruled in favor of the City of San Benito, which was represented in this case by Brownsville defense attorney Ernesto Gamez; Hernandez was represented by now-current Weslaco Mayor Miguel D. Wise.
Then in May of last year, Hernandez filed in the United States District Court in McAllen (the case was eventually transferred to Judge Hilda Tagle’s courtroom in the United States Southern District of Texas in Brownsville) a lawsuit in which he sought a similar temporary restraining order (TRO) barring the city from preventing Hernandez from performing his duties as mayor.
In the TRO, Hernandez also sought, albeit unsuccessfully, to block the city from holding a special election to fill current Mayor Jack Garcia’s vacated Pl. 2 Commissioner’s post following Garcia’s appointment to his present office, a move the commission approved as per city charter language which states the mayor pro-tem assumes the office of mayor in the event of a vacancy. The election also filled the vacancy of Pl. 1 Commissioner Rene Farias, who stepped down after Hernandez revealed in a January 2010 meeting, the one in which commissioners recognized his forfeiture of office as mayor, that Farias had also owed back taxes to the city at one point during Farias’ term.
In a June 9 San Benito News article, it was reported that, according to federal court documents obtained from the Southern District of Texas Brownsville Division, Hernandez’s TRO was denied. Court proceedings in Hernandez’s lawsuit, in which it was initially reported that Hernandez sought damages for “lost wages and mental anguish,” have since been pending in federal court.
As first reported on the San Benito News website, www.sbnewspaper.com, Hernandez is now deciding to dismiss his lawsuits.
With critical words targeted at Mayor Jack Garcia, Hernandez’s opponent in the May 14 mayoral election, the embattled former mayor made the following statement: “While partisan politics and power grabbing has been the hallmark of my opponent’s office-holding tactics, I will take the high road for the hard-working families of San Benito, Texas and let them decide who their next mayor will be. Therefore, I am announcing that I will be dismissing the lawsuits that I filed after I was illegally removed from office by my opponent. I would rather beat my opponent in the polls than at the courthouse.”
Hernandez’s statement further read that the lawsuits were filed “to expose the dirty politics of those that removed me from office” rather than to seek monetary damages from the city.
For the full story, pick up a copy of the March 13 edition of the San Benito News. Check back at www.sbnewspaper.com for developments.
1 comment
Someone asked me the other day how I felt about the upcoming City elections. My response was simple. I told them that in these difficult times, we need the best, brightest and most dedicated individual that we can possibly find for every position in City government including those elected to office. No one should run unopposed.
We do not have time for political games, people getting into office seeking revenge, or anyone with an ax to grind. We need honorable people that won’t be constantly scheming to put their friends, girl friends, boy friends, or compadres into city jobs. There must accountability for every penny that is spent in the name of the City; 8 hours work for 8 hours pay. Just because a person might hold a position of authority as an employee or City official, this does not make them any better than the average citizen. In fact, one should be humble with the understanding that you are a civil servant, at the will of the people and by the Grace of God. No civil servant should get ‘special’ privileges’. No special parking places, no special coffee, and certainly no special treatment by anyone.
I’ll let you decide who you want to vote for.