A candidate running for McAllen city commissioner filed a temporary restraining order against the Greater McAllen Association of Realtors, arguing their endorsement of a candidate in his race violated the terms of a settlement agreement.
Timothy “Tim” Wilkins, who is running for District 1 city commissioner in the city’s May elections, filed a petition last month against the GMAR, arguing that their endorsement of a candidate violated the terms of a previous settlement agreement and violated the organization’s nonprofit status.
Last month, GMAR endorsed four candidates running in McAllen’s May elections, including Lucia “Lucy” Thompson for District 1 city commissioner.
But prior to their endorsements, the association reached out to the candidates running in those races, inviting them to apply to be considered for their endorsement, according to Wilkins’ petition filed March 30.
GMAR reached out to Wilkins on March 1 and the next day an attorney for Wilkins reached an attorney for GMAR about their political endorsements.
Wilkins’ attorney, Michael Pruneda, argued that a previous settlement between Wilkins and GMAR would make it legally impossible for the organization to endorse a candidate in the District 1 race.
“Any position GMAR takes opposing Wilkins would result in Wilkins being discredited,” Pruned wrote. “Moreover, should GMAR or any of its members or personnel issue any opinions/publications (publicly or privately) as to the District 1 election, Wilkins would be forced to support his credentials and reference the legal dispute between them.”
The legal dispute Pruneda mentioned refers to a 2019 lawsuit that Wilkins filed against GMAR in 2019.
That lawsuit stems from Wilkins’ attempted purchase of real property, according to court records.
In November 2019, after Wilkins’ purchase offer was not accepted, he went to the GMAR office seeking a copy of the Multiple Listing Service (MLS), a database for brokers, listing for that property.
“Based on information and belief (Wilkins) was asked to leave the premises as (GMAR) refused to produce the information and its inability to provide a valid reason,” the lawsuit stated.
Wilkins, a member of GMAR, then filed a complaint against an executive employee which was allegedly shared with that employee, according to an amended petition.
“(GMAR’s) board members, despite its own rules requiring the ‘strictest confidentiality,’ arbitrarily, capriciously, and unfairly shared (Wilkins’) complaint with the subject of (his) complaint — who was not a member of the ‘Investigatory Team,'” the petition stated.
Following that incident, a GMAR employee filed a complaint against Wilkins and an investigation was launched. However, Wilkins alleged that GMAR never turned over a copy of the complaint made against him despite multiple requests.
After their investigation, GMAR placed Wilkins on a 120-day probation after which Wilkins filed the lawsuit against them, arguing that their actions violated his due process.
The parties reached a settlement agreement in April 2020 in which GMAR agreed to pay Wilkins $9,000 and both agreed to not disclose any information regarding the complaint, the investigation or the settlement agreement.
Additionally, and most relevant to Wilkins’ recent allegations, the parties agreed not to “disparage, discredit, or defame one another.”
On top of allegedly discrediting him by endorsing one of his opponents, Wilkins argues that endorsing a candidate violates GMAR’s nonprofit status.
The petition points to the association’s stated purposes which don’t include participation in public elections, endorsement of candidates, or publishing its endorsement of a candidate over another.
In response to an inquiry from The Monitor regarding Wilkins’ petition, GMAR CEO Monica Solis Peña stated in email, “We believe that the lawsuit is without merit and GMAR will vigorously defend itself against all allegations.”
“GMAR must choose whether it wants tax exempt status or if it wants to legislate for local policy and picking certain candidates over other candidates,” Wilkins added in an email Tuesday. “It cannot do both.”
Editor’s note: This story was updated to include an additional comment from Wilkins.
