COMMENTARY
By Joe F. Rodriguez
Lately, our fair City of San Benito has been in the news for all the wrong reasons, all courtesy of Dolcefino Consulting Investigations out of Houston which specializes in setting the narrative in the court of public opinion. The best response to them is, “NO COMMENT.”
They have published/distributed two videos which, in my opinion, are nothing more than allegations, accusations, and hearsay targeting local elected and appointed officials.
They have not provided one iota of verifiable proof or evidence supporting their allegations. In plain English, they are just fishing or the other popular saying, “Throwing mud (for lack of a better word) at the wall hoping something will stick.”
Sans any proof or evidence of illegality, I would take these videos with a grain of salt and more as self-promotion. What these videos have surfaced is what most San Benito residents have already suspected, which is that many City Commission appointments to boards/committees/SBHA are to friends, family members, and acquaintances.
The only board that I am aware of that has “experience requirements” is The Veterans Board which requires that appointees be veterans of the U.S. Armed Forces.
Whenever the composition of the City Commission changes after an election, new appointments ensue; prior removed appointees are reappointed. In some cases, it is just a recirculation of appointees between boards. The voter’s consensus is, “It is what it is.” Will it ever change? Who knows?
Per state statute, the Mayor, as the presiding officer of the governing body of San Benito, is the only elected official allowed to appoint members to the SB Housing Authority without City Commission approval or consent.
What compelled me to write this editorial is the mention of lawsuits against Dolcefino Consultants for harassment. Suing them or just threatening to sue them is just playing into their hands. A legal reaction is exactly what they want; any type of publicity is “good publicity.”
The City of San Benito has a history of harassment and/or intimidation by reporters, journalists, and the citizens in general. I, myself, have been accused of harassment and criticized for writing my OPEDS.
Case in point #1: Remember in 2013 the Telemark Development Group Inc. which proposed to construct a 171 megawatt, $225 million natural gas-fueled power plant at the city’s old airport property by courting foreign investors to invest their dollars in the project? The project fell apart when the company could not verify the company’s established existence or the location of their home office.
The Mayor, City Commission, City Manager, and EDC received unrelenting criticism from the citizens and the media. Even the Mayor and EDC criticized each other.
Case in point #2: 1n 2019 Former SBPD Chief Michael Galvan, the Mayor, and the City Commission were at the receiving end of public criticism for not firing Chief Michael Galvan for doing his job during a police chase and the shooting of a 21-year-old San Benito resident.
SBPD Chief Michael Galvan was “no-billed” by a Cameron County grand jury based “… on the applicable law and the facts as determined by the Texas Rangers investigation” in September 2019 after the Texas Rangers presented their investigation of the officers involved shooting in December, 2018 to a grand jury.
Case in point #3: Former City Manager Manuel de la Rosa was constantly harassed by citizens, especially Ben Cortez who never missed an opportunity to address the City Commission on why the City Commission should fire de la Rosa. Their main complaint was that de la Rosa was not a full-time resident of San Benito, although he rented/leased an apartment here in the city.
My point in stating these case-in-points is that despite the past criticism and harassment nobody sued anybody for criticism or harassment. The fact of the matter is that criticism and harassment comes with the territory of being an elected or a city appointed official.
If any elected official or city appointed official is suing anybody for harassment, they should do it with their own personal funds and not taxpayer funds.
As was cited in the SB News, Dolcefino and some local residents have long argued the City Charter requires the City Manager must reside in the City of San Benito.
The City Manager is not a city employee per se. He is a City Commission appointed official under contract with The City which can be canceled at any time with 30 days’ notice without cause. If I remember correctly, the only manner a City Manager is considered an employee is if the City deducts federal income taxes from a City Manager’s salary.
Just imagine uprooting your entire family and purchasing a home in the city when a person’s contract can be terminated with just a 30 day notice? No reasonable person would work under those employment conditions. Then it is a different story.
There is a reason the state recommends long-term contracts for appointed officials like the City Manager, City Attorney, and School Superintendent because any change in the City Commission and Administration after an election can result in the contract termination without cause.
City Manager Manuel de la Rosa faced this dilemma when he was initially hired with just a one-year contract his first year. After proving himself, he was given an extended contract. However, he still had his contrarians in the City Commission who informed him, to his face, that they would never support him and voted against proposed salary increases every chance they got.
The City just experienced a situation where, after the last election, the new City Commission decided to terminate de la Rosa’s contract and, as a result, de la Rosa walked away with a $200,000 severance check. He did have to pay a hefty fee for breaking his rental lease agreement.
There are many reasons why a career professional would not uproot the family and move whether it be for family reasons like caring for an elderly parent, a special needs child with their own special doctors, a spouse’s and/or partner’s career, and preference not to give up a job, etc.
Bottom line, federal and state statutes override/preempt the City Charter’s resolutions and ordinances. The U.S. Constitution declares that federal law is “the supreme law of the land.” As a result, when a federal law conflicts with a state or local law, the federal law will supersede the other law or laws. This is commonly known as “preemption.”
Section 10.03. State and Municipal Laws of the SB City Charter also references “preemption”. If The City does mandates that a City Manager shall reside in the City of San Benito, the applicant pool for a City Manager would dwindle down to only current residents of San Benito or those willing to move here.
Forcing a City Manager to become a resident would probably require a relocation package being offered as a condition for employment. That, being cost prohibitive, is probably not going to happen in our city.
I respectfully disagree with Mayor Rick Guerra’s assertion that the reason for our improved street maintenance/re-pavement program is due to the hiring of City Manager Sandoval.
As someone who was a permanent fixture at City Commission meetings going back to 2007, I can attest that all previous City Mayors, City Managers, City Commissions were more than happy and willing to address the street projects. It was a top priority for everyone at City Hall. Streets have always been top priority for citizens.
Two major impediments/obstacles were the lack of enough financial resources and citizens’ rejection of major additional tax increases for street repairs.
ARPA (the American Rescue Plan Act of 2021, also called the COVID-19 Stimulus Package, or American Rescue Plan) is the only reason the streets are being addressed now. Due to the plan, the federal government allocated $9,066,287 to the City of San Benito.
Each year, the City has transferred funds from ARPA to address street repairs, and in 2022, considered dipping into ARPA funds to offset the burden of any boost to some of the Rio Grande Valley’s highest water rates. I don’t recall if they actually did.
Giving major credit to City Manager Sandoval is quite a bit of a stretch of reality. Any credit should go to the former and current City Commission and the former City Manager since they had been approving street improvements for years after ARPA funds became available.
Everyone knows politics is a dirty business and as the old adage goes, “If you can’t stand the heat, get out of the kitchen;” just don’t sue anybody with taxpayer dollars. This is just a “Statement of Fact” that the majority of taxpayers would agree with.
Joe Rodriguez is a City of San Benito and past San Benito City Commission candidate.
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