State Sen. Juan “Chuy” Hinojosa is calling on the city of Peñitas to remove officials that admitted to participating in a kickback scheme.
In a letter to Peñitas Mayor Rodrigo “Rigo” Lopez dated Feb. 11, Hinojosa urged him and the rest of the city council to order a special election to replace Councilman Alex Guajardo who last month pleaded guilty to participating in a bribery scheme.
(Read the letter: https://www.documentcloud.org/documents/21208453-sen-hinojosa-penitas-letter)
“It has come to my attention that councilmember Alex Guajardo is subject to removal or forfeiture of office after he was convicted of participating in a bribery scheme involving the payment of bribes and kickbacks to public servants and officials,” Hinojosa wrote in the letter obtained by The Monitor. “It is in the best interest of the City of Peñitas and its residents that Mr. Guajardo no longer continues to hold any city office or position.”
Hinojosa then noted that state law requires state legislators and state officers who are convicted of a felony to automatically vacate their office on the date that their conviction becomes final.
“The same standard should apply locally,” Hinojosa wrote.
The senator then pointed to the city charter, which in Section 2.06 states that a city councilmember must forfeit their office if they violate “any express prohibition” of the city charter or if they are convicted of a crime involving moral turpitude.
“Mr. Guajardo admitted to receiving $275,000 and to paying thousands in bribes and kickback payments to others,” Hinojosa said. “These actions constitute a conflict of interest under Section 7.01 of the City’s Charter, which prohibits the use of public office for private gain.”
Hinojosa further noted that Guajardo pleaded guilty to knowingly and willfully using an email account to facilitate money laundering and bribery, according to the criminal information, a record filed in federal court that described the charges filed in the case.
“These offenses and violation constitute crimes involving moral turpitude, and as such, represent another ground for forfeiture of office under Section 2.06,” Hinojosa wrote.
He pointed out that Feb. 26 was the last day to order a special election for the uniform May 7 election.
“I strongly suggest that the City Council immediately exercise their authority in the City’s charter under Section 2.07 of the preamble to remove Mr. Guajardo from office and have (a) special election to fill the vacancy,” Hinojosa wrote.
He further requested information on the employment or contracts for former Peñitas City Manager Omar Romero and chief of staff Andres Morales who both pleaded guilty to federal charges.
Romero pleaded guilty to bribery and bankruptcy fraud, while Morales admitted to participating in the bribery scheme and also making false statements related to the purchase of a firearm.
“Include a document that outlines their current and former responsibilities as well as the most recent paycheck stubs, purchase orders, invoices, and payments made to these individuals and the business entities affiliated with them,” Hinojosa said.
He further asked that the city dissociate from any current or former city administrative officials or employees that were convicted of similar crimes involving the abuse of their office in connection to the federal investigation.
“The City should terminate any direct or indirect contractual obligations with these individuals,” he said. “Not one dime from the City’s taxpayers should fund corrupt elected officials or city officers.”
Lopez, the Peñitas mayor, did not return a request for comment Monday.
