San Benito mulls law after mayor shakes up boards

Judge reinstates EDC, housing authority members

SAN BENITO — For four months, Mayor Rick Guerra’s attempts to remove city board members have sparked federal lawsuits while deepening the rift on the split city commission.

Today, city commissioners will consider passing an ordinance clarifying the commission’s role in appointments and removals to the city’s Economic Development Corporation board.

Commissioners Rene Villafranco and Carol Lynn Sanchez called for the proposed ordinance after Guerra tried to remove Commissioner Rene Garcia and EDC President Julian Rios from the board, leading Rios to file a lawsuit in U.S. District Court.

“I want something in place that’s clear and concise to have clarification of what the commission can do and cannot do,” Garcia said Monday, referring to the proposed ordinance. “We need to make sure everyone on the commission understands their role and authority.”

Judge reinstatements board members

In January, Guerra also tried to remove Chairwoman Rosanna Aguilera from the San Benito Housing Authority’s board, leading her to file a federal lawsuit requesting a temporary restraining order against the city.

On May 7, U.S. District Judge Fernando Rodriguez Jr. reinstated Rios while granting Aguilera a temporary retraining order, effectively reinstating her.

“The mayor attempted to remove Ms. Aguilera from the housing authority without complying with the removal provision,” Rodriguez’s order states.

The order cites section 392.041 of the Texas Local Government Code, which states, “The mayor may remove a commissioner of a municipal housing authority for inefficiency, neglect of duty or misconduct in office.”

Guerra declined comment Monday, noting Aguilera’s case remained in litigation.

On Wednesday, Guerra, in his capacity as mayor, will preside over a hearing in Aguilera’s case.

Aguilera referred questions to her attorney Elia Cornejo-Lopez, who did not respond to a message requesting comment.

EDC cases

In Rios’ case, Rodriguez ruled Guerra failed to get the city commission’s approval when he tried to remove him from the EDC board.

“He agreed the mayor improperly removed me,” Rios said Monday. “I was removed without the commission’s approval. It came down to having to go to court because a state statute was not followed.”

In a Feb. 24 letter stamped with the city’s letterhead, Guerra informed Rios he was being removed from the EDC board.

On the same day, Guerra sent Garcia a letter stamped with the city’s letterhead stating he was also being removed from the board.

Garcia, who did not file a lawsuit, said the mayor had failed to get the city commission’s approval to remove him from the board.

“The city commission, in a consensus, can remove and appoint EDC board members, not the individual authority of the mayor,” Garcia said in an earlier interview. “It never came before the city commission so I was never officially removed.”

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