SAN BENITO — San Benito’s split school board is in for a shake-up that could shift its balance of power.
After two years on the board, Vice President Janie Lopez’s election to a new state House of Representatives seat gives board members the option of appointing a replacement or keeping her position open until the May election, when her term expires, officials said Wednesday.
On Tuesday, Lopez was elected District 37’s state representative, winning 14,451 votes to defeat Harlingen businessman Luis Villarreal, who drew 13,685 votes.
The victory requires Lopez resign her school board position upon taking the oath of office to serve in the House of Representatives.
According to Texas Government Code Section 201.025, “If an officer accepts another office and the two offices may not lawfully be held simultaneously, a vacancy in the first office occurs on the date the person qualifies for the other office.”
District policy describes “qualified” public officers as being “sworn in.”
Pending resignation
On Wednesday, Lopez, a leader of the board’s four-member majority, did not disclose when she plans to resign.
“Once board Vice President Janie Lopez submits her official letter of resignation to begin her role as the newly-elected representative for the Texas House District 37, the San Benito CISD Board of Trustees will make a decision regarding her replacement,” district spokeswoman Isabel Gonzalez stated.
Meanwhile, Lopez will continue to serve on the board, board President Ramiro Moreno stated.
“As of right now, Ms. Lopez will continue to serve on the school board as vice president,” he stated. “She does not take office until January 2023.”
Moreno added, “The board has not had the opportunity to discuss what steps will be taken after once she is sworn into office.”
Two options
Board member Orlando Lopez said trustees have two options.
“We can fill the vacancy or leave it open till May,” he said.
Noting the board is split, Lopez, a member of the board’s minority, suggested trustees on the board’s two sides appoint a replacement favorable to each.
“Right now, with the dynamics on the board, it would make sense to find someone who both sides agree on,” he said, adding, “but there’s got to be someone who’s willing” to accept the nomination.
Questioning appointment
Meanwhile, board member Ariel Cruz suggested board members could keep Lopez’s position open if they cannot find the right candidate.
“It’s something we have to think very closely about,” she said. “It depends who is wanting to be appointed and whose name is brought up. If the right person is brought up, I think an appointment could be made.”
But Cruz said the board could effectively operate if trustees decided to keep Lopez’s position open until the May election.
“I don’t think it’s a necessity,” she said, referring to an appointment. “I think we can fulfill the needs of the district with the six board members that have already been elected.”
Tie-breaker
However, board member Rudy Corona said he believes trustees should appoint a replacement to allow a split six-member board to avoid tie votes.
“I don’t see anything wrong with filling the vacancy,” he said. “I think it could be a good thing. In case there’s a tie, it would be a tie-breaker. We don’t want something holding us back till the election.”
Background
In November 2020, Lopez, a former district counselor, won 4,556 votes to defeat Santiago Sanchez, the general manager of a John Deere dealership who drew 3,232 votes, to win the district’s Place 7 seat on the school board.
