HARLINGEN — Questions have arisen over City Commissioner Richard Uribe’s food sales to the Harlingen city jail.
Since October, Uribe has been selling food to the jail, the lowest bidder for delivery service.
Last week, Mayor Chris Boswell and Commissioner Michael Mezmar questioned whether Uribe forfeited his office when he started selling food to the jail in October.
During a meeting, interim City Attorney Mark Sossi told commissioners Uribe’s sales to the city don’t prohibit him from serving in office.
Amid tense debate, Mezmar questioned whether Uribe violated a City Charter clause.
“The mayor, city commissioners and other officers and employees … shall not be interested in the profits or emoluments or any contract, job, work or service for the municipality or interested in the sale to or by the city of any property, real or personal,” the charter states.
The charter, the city’s constitution, states such violations result in forfeiture of office.
“Any officer or employee of the city who shall cease to possess any of the qualifications herein required shall forthwith forfeit his office and any such contracts in which any officer or employee is or may become interested may be declared void by the city commission,” it states.
Under the charter clause, “doing business with the city results in forfeiture of your office,” Boswell said Friday, adding, “how that gets accomplished is another matter.”
City food sales
At City Hall, City Manager Gabriel Gonzalez said a legal opinion cleared the way for Uribe to start selling food to the jail in October.
About two years ago, then-City Manager Dan Serna requested then-City Attorney Ricardo Navarro issue a legal opinion after Uribe expressed interest in bidding to sell food to the jail, Gonzalez said.
As a result of Navarro’s opinion, Uribe presented a bid to sell and deliver food to the jail, Gonzalez said, adding he was out-bidden.
Then in August, Uribe bid again, proposing the lowest bid, which led him to start selling food to the city, Gonzalez said.
On Aug. 13, Uribe, who owns Richard’s Mexican-American Restaurant, proposed a bid of $2.75 per meal while Las Cazuelas restaurant offered to deliver breakfast tacos for $2.25 each and lunch and dinner tacos for $3.99 each.
Meanwhile, on Aug. 27, Frankie Flav’z Craft Burger House offered to deliver breakfast, lunch and dinner at $5 per meal.
Last week, Gonzalez said Uribe isn’t under contract.
Uribe bid on a “per-meal basis,” Gonzalez said.
After Uribe started selling food to the jail, which it serves prisoners, he made about $3,781 during his first six weeks, city records obtained through the Texas Public Information Act show.
Meanwhile, Irma Garza, the city’s spokeswoman, said the Valley Morning Star would have to file under the Public Information Act to request Navarro’s legal opinion.
Mezmar requests Sossi’s legal opinion
During last week’s meeting, Mezmar requested Sossi give commissioners the legal opinion under which he believes Uribe’s food sales to the city don’t disqualify him from holding office.
Amid heated debate, Mezmar said Uribe’s forfeiture from office would nullify his votes on the commission since he started selling food to the city.
“Commissioner, I’d be happy to go into detail with you in executive session or outside of the meeting but there is nothing that prohibits the commissioner from being here and voting today,” Sossi told Mezmar. “If I was aware of that, I would let the commission know.”
Meanwhile, commissioners declined Mezmar’s request to meet with Sossi in closed session.
“Then let the public know that nobody on this city commission other than me actually cares that an illegal act is being done and his votes are all null and void as is his presence since October,” Mezmar said.
Boswell said disqualification would nullify votes on the commission since any violation occurred.
“The point is well taken, that if anyone is disqualified from voting on a matter it’s going to affect the outcome of this vote and maybe on any item in the agenda and it’s affected the vote on prior items in the agenda,” he said.
In response, Commissioner Rene Perez said Sossi had given him the legal opinion.
“We don’t want to hear the opinion because we already know the answer, so it’s irrelevant,” he said. “It’s pure politics that Commissioner Mezmar is doing and honestly I think the people of Harlingen deserve better than just this political theater that you want to do.”
Meanwhile, Commissioner Frank Puente said to Boswell the discussion was out of order because the topic wasn’t on the meeting’s agenda, adding “it can be discussed later.”
“We do want to hear it in the future,” he said, referring to Sossi’s legal opinion.
Background
In 2016, Uribe first won election to the city commission’s District 1 seat after serving on the Harlingen WaterWorks System’s board of directors.
Last year, the commission’s new majority appointed him mayor pro tem, replacing Mezmar.
On Friday, Sossi did not respond to a message requesting comment.
Meanwhile, Uribe did not respond to a telephone call, a text message and a message left at his restaurant.
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