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Former workers seek to add Delia Garza to tamale company’s wage theft suit

Delia's Tamales on Thursday, Dec. 28, 2023, in McAllen. (Joel Martinez | [email protected])
Delia’s Tamales on Thursday, Dec. 28, 2023, in McAllen. (Joel Martinez | [email protected])

The former Delia’s Tamales employees who are suing the popular restaurant chain over claims of wage theft are now trying to add the company’s founder as a named defendant.

The group of former employees involved in the suit, which now number 30, are seeking the court’s permission to name Garza as a defendant in her individual capacity. Previously, the lawsuit has gone after the company alone, not any specific person tied to it.

The request, which was filed on Aug. 7, came just two weeks after FBI and IRS criminal investigations agents raided the company’s locations in the Rio Grande Valley and San Antonio.

But the company’s lawyers are firing back, saying the plaintiffs in the civil lawsuit are long past the deadline for amending their claims.

Further, Delia’s Tamales’ attorneys claim that Garza hasn’t been a meaningful part of the company’s day-to-day operations in years. They point to some of the plaintiffs’ own sworn testimony to buttress that assertion.

CHANGES COME AFTER RAID

On July 24, federal agents conducted simultaneous raids on Delia’s restaurants in McAllen, Pharr, San Antonio and elsewhere. Hours later, those agents could be seen removing boxes of what appeared to be documents.

Two weeks later, the company’s former employees filed their request to add new allegations and name founder Delia Garza to their lawsuit.

The plaintiffs cite a federal statute that relates to the crime of racketeering and the “collection of unlawful debt” in the request.

The plaintiffs included a copy of the amended petition they hope the court will approve.

The 22-page document contains substantial changes from the current version of the lawsuit, including a reintroduction of allegations that Delia’s Tamales engaged in a practice of supplying fraudulent Social Security cards to the employees.

It also seeks to rebrand the lawsuit from one where nearly three dozen former workers are arguing distinct cases, to a class action lawsuit, wherein their allegations can be taken in the aggregate.

An FBI agent exits the Delia’s Tamales restaurant at 3400 N. 10th St. in McAllen on Wednesday, July 24, 2024. The FBI confirmed that agents were carrying out “court authorized” activity at several Delia’s locations. (Dina Arévalo | [email protected])

THE ALLEGATIONS

The company allegedly withheld Social Security deductions from the employees’ paychecks, all the while keeping the money for itself, the workers claim.

Those allegations were initially included as part of the lawsuit when it was first filed in state district court in Hidalgo County.

But once the suit was transferred to federal court, those allegations were left out of the plaintiffs’ amended pleadings.

Now, the former workers are realleging that Delia’s fleeced them of their Social Security benefits, fired them when they reached or nearly reached retirement age, and then threatened them based on their undocumented immigrant status.

“Defendant furnished fake social security cards to Plaintiffs. Plaintiffs were led to believe retirement/social security deductions were being deposited into their social security account provided by Defendants,” the proposed amended lawsuit reads, in part.

“Defendants provided fake social security cards and permanent resident cards to Plaintiffs. … Defendants terminated Plaintiffs because of their legal status,” it further reads.

Other allegations include that workers were forced to work long hours — some as much as 70 hours, or seven days a week — without being paid overtime.

Some of the former workers also claim that the company misclassified them as “managers” in order to avoid paying them overtime.

Delia’s Tamales on Wednesday, Dec. 27, 2023, in McAllen. (Joel Martinez | [email protected])

DELIA GARZA

As for the new allegations against Delia Garza, the woman who founded the company after selling tamales door-to-door, the former workers allege that she exploited undocumented immigrants.

They further claim Garza broke federal RICO statutes by committing wire fraud, creating fraudulent government documents, and laundering money.

“The RICO Defendants racketeering activities were multiple, continuous, and ongoing from about 2002, and this remains ongoing,” the proposed petition states.

But in their response to the workers’ new allegations, attorneys for Delia’s Tamales say it’s too late to change or add to their allegations.

“Before the Court is Plaintiffs’ Motion for Leave to File Second Amended Complaint (the “Motion”) filed almost seven months after the deadline,” the company’s Aug. 28 response reads, in part.

The proposed amended lawsuit, “is littered with the same, old, salacious allegations Plaintiffs asserted in their Original Petition,” the response further states.

But, if the court does allow the workers to amend their lawsuit, then the attorneys argue that Delia Garza has no place in it, since she is no longer actively involved in the company’s operations.

“Ms. Garza has not been involved in (Delia’s Tamales’) daily operations or decision making since at least 2018,” the response reads.

“Beyond this, and importantly, the statute of limitations for any actions Ms. Garza might have taken during her involvement … has long run, so adding her as a defendant to these proceedings would be improper,” it further reads.

The company’s attorneys point to admissions from some of the former workers’ themselves, whose testimony has already been memorialized as part of depositions in the lawsuit.

“Plaintiffs admit that they know of no-decision-making by Ms. Garza,” the response reads.

A couple hoping to dine at a Delia’s Tamales restaurant in north McAllen are met with a “we are closed” sign as FBI agents carry out an investigation inside on Wednesday, July 24, 2024. (Dina Arévalo | [email protected])

COMPANY PUSHES BACK

The company also pushes back against allegations made in court earlier this year that Delia’s maintained “two sets of books” — one to track legitimate payroll, and another to keep tabs on under-the-table payments.

Again, they cite the depositions of some of the workers, who say they had no personal knowledge of such a practice.

Finally, Delia’s argues against allowing the former workers to change their lawsuit into a class action case.

Allowing them to do so would completely change the nature of the litigation, they say.

“The proposed Second Amended Complaint greatly shifts the landscape of this case,” the response reads.

“Such amendment totally resets this case on the Court’s docket, restarts discovery, invites more discovery struggles, prejudices Defendant, and causes undue delay,” it further reads.

The court has yet to make a decision and a hearing to settle the issue has not been set.


Here’s the latest update:

Judge denies former workers’ request to change Delia’s lawsuit

Edcouch officials accused of public corruption appear in court

Edcouch City Manager Victor Hugo de la Cruz, left, and Place 1 Alderman Rene A. Flores, far right, leave the McAllen federal courthouse on Friday, Sept. 13, 2024, after making initial appearances in a public corruption case against them. The pair are charged with bribery related to a 2019 contract between a Brownsville marketing company and the city of Edcouch. (Dina Arévalo | [email protected])

McALLEN — Two Edcouch officials accused in a public corruption pay-to-play scheme made their first appearances in federal court here on Friday.

Edcouch City Manager Victor Hugo de la Cruz, 60, and Edcouch Place 1 Alderman Rene Adan Flores, 40, are facing four felony counts, including one count of conspiracy to defraud the United States, one count of federal programs bribery, and two counts of Travel Act violations.

Federal agents arrested the pair at their Weslaco homes Thursday, court records show. They made their initial appearances before U.S. Magistrate Judge J. Scott Hacker Friday morning.

The two public officials are accused of plotting a kickback scheme during which they would steer the city of Edcouch into awarding a marketing contract to a Brownsville business in exchange for bribes.

The business owner allegedly received a total of $6,000 in payments from the city between July and September 2019 for the marketing work. In exchange, he allegedly paid a total of $2,000 in bribes to Alderman Flores.

Speaking after Friday’s court hearing, de la Cruz confirmed that the case involves Brownsville marketing agency, Pink Ape Media, which is owned and operated by a Mexican national named Rodrigo Moreno-Fernandez.

“They did a subpoena of the city for Pink Ape documents,” de la Cruz said, referring to federal agents who recently served Edcouch with a subpoena for records.

On Sept. 3, a federal grand jury handed up a four-count indictment against de la Cruz and Flores.

The indictment outlines in detail how the scheme allegedly took place.

It all began in the summer of 2019, when the two officials allegedly met with Moreno-Fernandez, identified simply as “Person 1,” to discuss how they could get the city to pay for his company’s services.

In the indictment, Pink Ape Marketing is referred to as “Business A.”

“DE LA CRUZ and FLORES agreed with Person 1 that Edcouch would pay Business A for marketing work Business A would perform for Edcouch, and, in exchange, Person 1 would pay kickbacks to FLORES,” the indictment reads, in part.

“Under this agreement, Edcouch made two payments to Business A. In return, Person 1 paid two kickbacks to FLORES,” it further reads.

Edcouch City Manager Victor Hugo de la Cruz, left, and Place 1 Alderman Rene A. Flores, far right, leave the McAllen federal courthouse on Friday, Sept. 13, 2024, after making initial appearances in a public corruption case against them. The pair are charged with bribery related to a 2019 contract between a Brownsville marketing company and the city of Edcouch. (Dina Arévalo | [email protected])

The three men allegedly met on June 9, 2019 to discuss the city awarding a contract to Pink Ape. Just two days after that meeting, the city of Edcouch wrote a $3,000 check to the marketing company.

Four days after that, on June 15, 2019, de la Cruz allegedly called Moreno-Fernandez to remind him that “FLORES was expecting his payment.”

About a week later, in another meeting between the trio, the marketing consultant allegedly paid Flores, the alderman, $1,000.

The tit-for-tat allegedly continued two months later, when Edcouch issued another $3,000 check to Pink Ape on Sept. 12, 2019.

Afterward, the trio got together again. In that Sept. 24, 2019 meeting, Moreno-Fernandez allegedly paid Flores another $1,000.

This is not the first time Moreno-Fernandez has been an integral part of a public corruption probe.

In late 2020, Moreno-Fernandez served as the key witness in the federal public corruption trial of Sylvia Atkinson, former Brownsville ISD school board trustee, and former assistant superintendent at Rio Hondo ISD.

Unbeknownst to Atkinson, Moreno-Fernandez has been working as a “cooperating individual” for the FBI.

Over the course of 2018 and 2019, Moreno-Fernandez — along with an undercover FBI agent posing as a filmmaker from India — gathered evidence that Atkinson, who then served as the school board’s vice president, was willing to engage in a similar pay-to-play scheme.

“The CI (cooperating individual) had been working for the FBI for several years and operated a legitimate media consulting firm in Brownsville,” federal prosecutors stated in a February 2022 appellate brief filed in the Atkinson case.

During its investigation, the FBI recorded Atkinson accepting thousands of dollars in bribes from the undercover agent in exchange for placing items on the school board agenda and steering the board members into voting for them.

Edcouch City Manager Victor Hugo de la Cruz, left, and Place 1 Alderman Rene A. Flores, far right, leave the McAllen federal courthouse on Friday, Sept. 13, 2024, after making initial appearances in a public corruption case against them. The pair are charged with bribery related to a 2019 contract between a Brownsville marketing company and the city of Edcouch. (Dina Arévalo | [email protected])

Moreno-Fernandez had extensive experience in Rio Grande Valley politics prior to the BISD kickback scheme with Atkinson.

And he had known the school board trustee prior to the scheme, as well, having worked on her election campaign, court records show.

Atkinson had also personally invested in Moreno-Fernandez’s independent film, “The Whole.”

A jury ultimately convicted Atkinson of all eight counts against her. Atkinson appealed her conviction and 6.5-year prison sentence, which was later upheld by the U.S. Fifth Circuit Court of Appeals.

Federal prison records show she is currently being held at a halfway house in San Antonio.

But just months after the scheme between Atkinson and Moreno-Fernandez allegedly concluded in February 2019, the marketing consultant was sitting down for meetings with Edcouch officials.

That scheme, in the heart of the Delta, allegedly began sometime in June of that year.

As for what will happen now, de la Cruz, the Edcouch city manager, said he’s not sure.

When asked what the criminal charges mean for his employment with the city, he replied, “I don’t know.”

But the city manager insisted he will not resign.

“I don’t think I should,” de la Cruz said when asked why not.

De la Cruz and Flores are scheduled to be in court again next Wednesday for an arraignment and bond hearing.


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Edcouch city manager, mayor pro-tem indicted on public corruption charges

Editorial: Texas’ AG needs to stop wasting taxpayers’ money pestering Catholic Charities

Texas state Attorney General Ken Paxton, center, flanked by his staff, makes a statement at his office in Austin, Texas, Friday, May 26, 2023. An investigating committee says the Texas House of Representatives will vote Saturday on whether to impeach state Attorney General Ken Paxton. (AP Photo/Eric Gay)

Texas Attorney General Ken Paxton continues to devote much of his attention, and taxpayers’ money, trying to shut down religious organizations that provide services to legal immigrants, including Catholic Charities of the Rio Grande Valley.

Surely he has better ways to spend his time — and our money.

Paxton, who has declared war on such service agencies in the Valley, El Paso and elsewhere, has filed a writ of mandamus, asking that Catholic Charities’ executive director, Sister Norma Pimentel, be forced to submit to interrogation by the Attorney General’s Office to determine if the agency is promoting or facilitating illegal immigration or human trafficking.

Paxton subpoenaed Pimentel to appear for questioning earlier this year, but state District Judge J.R. “Bobby” Flores in July denied the subpoena. The new writ was filed with the 13th Court of Appeals but the Texas Supreme Court moved it to a new, recently empaneled court.

The attorney general certainly is well versed in playing the subpoena game. He himself has fought and dodged subpoenas in various cases against him for alleged securities fraud, bribery and corruption, as well as his impeachment by the state legislature.

His continued attacks seem an effort by Paxton, who long ago hitched his political wagon to the Donald Trump train, to keep shining a negative light on the issue of immigration, which is the GOP’s primary Trump card for the upcoming election.

Catholic Charities has provided documentation regarding its operations, which the agency says shows it receives immigrants and helps them after they have been processed by immigration officials. Under federal law, immigrants have legal status while their cases are under review.

In his 20-page petition, Paxton suggests his intent is to pull Catholic Charities’ charter, which would force it to cease all operations, not just its work with immigrants. The Respite Center that is his primary target helps many people who need it, not only migrants, and the agency provides other community services as sanctioned by the Catholic Diocese of Brownsville.

Its work has drawn international acclaim, including special praise from Pope Francis.

Clearly, Paxton is on a “fishing expedition,” as Catholic Charities stated in its response to the original subpoena; it’s looking for something that might or might not exist. That’s not how our legal system works. Investigations are undertaken only when evidence suggests that a crime might have been committed — prosecutors don’t launch such probes without evidence just because they have biases against the kinds of people an agency is serving.

Heck, if he wants to help Trump, he could even investigate whether the current wave of immigrants has affected our pet population along the border — a prospect no less reasonable than tormenting religious and charitable organizations.

The Texas Attorney General’s Office has many responsibilities to serve all the state’s residents. Paxton needs to apply more of his attention to those responsibilities, instead of continuing to pester religious organizations with no evidence that they have done anything wrong.

Photo Gallery: Texas Tech needs five sets to rally past UTRGV

UTRGV vs Texas Tech during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas.
Texas-Rio Grande Valley’s Nadine Zech, right, with a spike against Texas Tech’s Hanna Borer, left,during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])
Texas-Rio Grande Valley’s Perris Key, right, slams a ball past Texas Tech’s Reagan Leinen, left, during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])
Texas Tech’s Reagan Leinen, middle, spikes a ball past Texas-Rio Grande Valley’s Perris Key, left, and Nadine Zech, right, during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])
Texas-Rio Grande Valley’s Ilana De Assis, right, spikes a ball against Texas TechÕs Mia Wesley, left,during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])
Texas-Rio Grande Valley’s Julianna Bryant, left, and Nadine Zech, right, at the net against Texas Tech during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])
Texas Tech’s Reagan Leinen, left, spikes a ball against Texas-Rio Grande Valley’s Perris Key, right, during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])
Texas-Rio Grande Valley’s Isabella Costantini, right, slaps a ball past Texas Tech’s Brynn Williams, left, during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas.
Texas-Rio Grande Valley’s Nadine Zech , right, spikes a ball past Texas Tech’s Hanna Borer, left, during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])
Texas-Rio Grande Valley’s Julianna Bryant, left, and Nadine Zech, right, defend against Texas Tech’s Reagan Leinen, right, during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])
UTRGV vs Texas Tech during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])
Texas-Rio Grande Valley’s bench watch the action against Texas Tech during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])
Texas-Rio Grande Valley’s Perris Key, left, and Claudia Lupescu, right, defend against Texas Tech’s Allyah McDonald, left, and Hanna Borer, right, during an NCCA college volleyball match Thursday Sept.12, 2024 in Edinburg, Texas. (Delcia Lopez | [email protected])

Diagnosing the issues: Harris’ and Trump’s healthcare policies under RGV’s microscope

People watch the presidential debate between Republican presidential nominee former President Donald Trump and Democratic presidential nominee Vice President Kamala Harris, Tuesday, Sept. 10, 2024, at the Gipsy Las Vegas in Las Vegas. (John Locher | AP Photo)

Dogs and cats aside, the presidential debate between Vice President Kamala Harris and former President Donald Trump gave voters much to chew on Tuesday. Sifting through the jabs, gaffes, and rally attendance claims one will find the occasional nugget of policy, even health care was addressed here and there.

And women’s health particularly dominated those exchanges, specifically over abortion and IVF. Medicare funding, of course, was also discussed as well as the Affordable Care Act.

Trump, the Republican nominee for president who has visited the Rio Grande Valley several times since his presidency (although for border security purposes), was hit during the ABC debate for not quite committing to vetoing a national abortion ban if it came across his desk, while Harris (a Democrat who has also visited the region) faced accusations of favoring late-term abortions, even after birth.

In the lead up to Tuesday’s row, however, both candidates had already offered sneak peaks of where they stand on a slew of issues.

Regarding the LGBTQ community, for instance, Trump has proposed revoking “gender affirming care,” which would prohibit those services for children, as well as asking Congress to pass a bill establishing that the U.S. government will only recognize two genders — male and female.

Harris, meanwhile, wants to provide non-discrimination protections, a hallmark of the Biden administration, which has also provided similar protections as it relates to Health and Human Services grants and services.

Another healthcare policy addressed by both candidates was the prices on prescription drugs, with Harris wishing to speed Medicare pricing negotiations, and to extend the $35 insulin copay cap and the $2,000 drug out-of-pocket cap.

Trump, on the other hand, wants to compare prescription drug pricing with other countries and is willing to sign an executive order to see that through.

Republican presidential nominee former President Donald Trump speaks during a presidential debate with Democratic presidential nominee Vice President Kamala Harris at the National Constitution Center in Philadelphia, Tuesday, Sept. 10, 2024. (Alex Brandon | AP Photo)

With much to consider, The Monitor narrowed down the policies and asked Dr. Candace Robledo, an associate professor at the University of Texas Rio Grande Valley and its School of Medicine, to provide nonpartisan insight.

She is a doctoral-level epidemiologist with collaborative research and consultation experience in reproductive and perinatal epidemiology, and advanced quantitative and computing skills, according to UTRGV.

Dr. Robledo was trained at the University of Oklahoma Health Sciences Center and Texas A&M University Health Sciences Center and “served for three years as a tenure track assistant professor in the Department of Behavioral and Community Health at the University of North Texas.”

“Her primary research interests have focused on assessing the impact that environmental chemicals (i.e. bisphenol-A, phthalates, persistent organic pollutants and air pollution) have on maternal and child health. Dr. Robledo also has experience conducting research and working with research teams on a broad range of reproductive, pediatric and behavioral research topics,” her UTRGV biography reads. “Though a new investigator, Dr. Robledo has a great deal of expertise and experience successfully conducting studies in human populations and working as part of a research team.”

The Monitor:

In opposition to Donald Trump, who opposes late-term abortions and instead supports policies that advance prenatal care and access to birth control, Kamala Harris has stated that she supports reinstating Roe v. Wade protections. Saying that some expecting mothers feel forced to carry — even if it’s detrimental to their health — due to finding difficulty locating doctors who would perform abortions.

In the Rio Grande Valley, have you encountered more instances like these since Roe v. Wade was overturned? And explain how dire those circumstances can be.

Dr. Candace Robledo:

UTRGV and UT Health do not take a position on issues or candidates. However, access to prenatal care, family planning, and reproductive health are only a few factors in a complex web that contribute to the vulnerability of women, especially women of color.

The rates at which U.S. women experience death in pregnancy or within the first 365 days after delivery are some of the highest of any developed nation. We see that women who are Black/African American and that are over the age of 40 are almost three and six times, respectively, more likely to die when compared to non-Hispanic white and younger women.

The U.S. Maternal Vulnerability Index examines 43 indicators for women’s health across five categories: reproductive health care, physical health, mental health and substance abuse, general health care, socioeconomic determinants and the physical environment that together create conditions that increase a woman’s risk of maternal death, injury and bad health outcomes.

The maternal vulnerability index for counties that make up the Rio Grande Valley are ranked very high and some of the highest across the nation, suggesting poor health outcomes for women living in our communities.

Our maternal health research is designed to build capacity around us to foster research and to better understand these conditions that increase women’s vulnerability to poorer health outcomes and to partner with our community to design and test solutions to promote health equity in women living in the Rio Grande Valley.

Democratic presidential nominee Vice President Kamala Harris speaks during a presidential debate with Republican presidential nominee former President Donald Trump at the National Constitution Center in Philadelphia, Tuesday, Sept. 10, 2024. (Alex Brandon | AP Photo)

TM:

In regards to maternity care, Donald Trump has announced that if elected into office he would support access to in vitro fertilization (IVF) care and mandate that the government or insurance companies cover the cost of IVF. Kamala Harris says she supports guaranteed rights to IVF and spoke out against the Feb. 16 Alabama Supreme Court ruling, which ruled that embryos created through IVF should be considered children.

Based on what you see locally, what is a lesser known consideration or issue regarding IVF that the candidates should focus on more?

DR:

Infertility is a condition that millions of Americans experience every year, and most cases of infertility are unexplained, meaning that after a clinical evaluation we cannot provide a reason why someone is experiencing the inability to conceive or have a full-term pregnancy. In vitro fertilization is the most common way infertility is addressed.

Currently IVF is open and accessible in all 50 states and Washington, D.C. but IVF is not commonly covered by insurance and therefore most people have to pay out of pocket for these services. The average cost of a round of IVF is approximately $12,000 and oftentimes individuals must undergo 2-3 rounds of IVF to be successful.

While IVF can be accessed across the U.S., the cost and lack of insurance coverage is a huge barrier that keeps it out of reach for many Americans and most likely those living in the Rio Grande Valley, where the median household income is about $54,000 a year.

TM:

Kamala Harris has gone on record supporting and wishing to grow the Affordable Care Act for more Americans, making the expanded subsidies passed in the Inflation Reduction Act permanent. While Donald Trump has opposed the ACA and instead seeks to change it by replacing it with better health care that’s less expensive.

In your experience, has the ACA been more helpful or detrimental to Valley residents in need of health insurance?

DR:

The rate of uninsured in Texas is higher compared to other states and in the Rio Grande Valley 1 in 3 do not have health insurance. We see that people without health insurance are more likely to be at increased risk of chronic disease and poor health outcomes and when they do gain access to the healthcare system, they are less likely to receive adequate and evidence-based care as compared to those with health insurance.

We also know that those without insurance also face numerous additional barriers in affordability and access to health care such as transportation. Policies that ensure health coverage for all Texans and increase the affordability and accessibility of health insurance can promote health equity across our communities.

South Padre Island moves forward on convention center expansion

A view of the South Padre Island Convention Center looking from the Laguna Madre Nature Trail Wednesday, Sep. 4, 2024. (Miguel Roberts/The Brownsville Herald)

The South Padre Island City Council held a special meeting Wednesday after they failed to have a quorum a week ago, with the proposed expansion of the convention center taking center stage after controversy began brewing over its potential impact on migratory birds.

Despite citizens and activists expressing concern over potential hazards to surrounding wetlands that are essential to migratory birds traveling across the Gulf of Mexico from the Yucatan, the convention center director seemed to double down on the plans.

At the beginning of the meeting, Mayor Patrick McNulty acknowledged the large crowd and asked anyone making public comments on a particular agenda item to wait until the city council reached that part of the agenda.

When the city council did get to the two items of interest, Convention & Visitors Bureau Director Blake Henry addressed the council.

The items in question included a budget amendment for up to $2 million to “allocate venue tax funds for architectural and other professional services associated with the Convention Center Expansion.”

The other item up for discussion was the authorization of City Manager Randy Smith to “enter into a contract with the highest qualified firm for the Construction Manager-At-Risk (CMR) services for the South Padre Island Convention Center Expansion Project.”

“Our Island deserves an updated convention center for our community,” Henry told the council members. “You’ve heard from our team explain the need for an expanded convention center, and they continue to identify lost business because our convention center is simply too small.”

Henry, who has not returned multiple requests for comment, said that the expanded convention center creates opportunities to host larger events which will result in a boost to the local economy.

A great egret hunts for food Wednesday, Sep. 4, 2024, near the South Padre Island Convention Center. (Miguel Roberts/The Brownsville Herald)

He also explained that the budget amendment was to pay the designer, architect and other services that the city has contracted.

“I’d also like to point out because a lot of people forget that the tax for this expansion was passed and voted on by residents on the Island who wanted this done,” Council Member Kerry Schwartz said prior to the agenda items public comments. “We lose sight of that. This is a resident driven agenda.”

Many in attendance who spoke during the public comments expressed concern over the proposed expansion, which they believe could impact a portion of the property that has proven essential to migratory birds that flock to the area around springtime.

At least once during the public comments, the mayor interjected to explain that the area was not in any danger.

“Real quick, ma’am, we’re not touching any wetlands, and we’re not touching any salt water or hyper saline area,” McNulty said.

“Are you sure?” the woman asked.

“I’m 99% sure, because I will never, ever go through the process of trying to get a core permit again,” McNulty responded.

Both items were unanimously approved.

Hidalgo County moves toward regional water contingency plan

Fisherman on Falcon International Reservoir Wednesday, Feb. 21, 2024, in Zapata County. (Delcia Lopez | [email protected])

Hidalgo County officials have joined forces with leaders from cities and water utilities across the county to create a first-of-its-kind regional drought contingency plan.

The water conservation plan aims to make local responses to water scarcity more uniform and predictable amid an increasingly unreliable water supply reality.

“The effort is aimed at developing uniform triggers among cities and water districts serving Hidalgo County so that residents (can) begin to understand various drought conservation stages,” county officials stated in a Thursday news release.

Currently, municipalities and water districts have their own individual drought contingency plans that are updated every five years, as mandated by state law.

A drought contingency plan typically lays out a multistep process for tamping down on water consumption, such as through restricting the days that residents may water their lawns, or imposing higher utility fees for excessive water consumption.

As certain triggers are met, authorities will invoke increasingly more stringent water restrictions.

But what triggers those stages — and what restrictions are implemented at each stage — differs from one city to the next.

Officials hope that Thursday’s announcement of a region-wide plan will help eliminate those discrepancies and not only make water conservation a more uniform process, but also reduce confusion among residents.

“The initial plan is for all cities and water districts to adopt a single contingency plan that has the same triggers,” the news release states.

“As reserve capacities diminish during drought conditions, every water supplying entity in the county would have the same conservation triggers that tell the consumers the seriousness of the drought,” it further states.

Falcon International Reservoir is seen on Wednesday, July 24, 2024. (Delcia Lopez | [email protected])

However, cities and water districts will still have a little bit of autonomous flexibility under the regional plan.

They “will be left to their own discretion as to what the triggers would mean for consumers and how these measures would be enforced,” the news release states.

More than 30 representatives from cities and water districts across the area met with county officials at the Mission Event Center on Wednesday to discuss the regional plan.

Now, they will take the concept back to their respective governing boards for official ratification.

The announcement marks a major milestone in Hidalgo County Judge Richard F. Cortez’s efforts to spur local leaders into thinking and strategizing about the Rio Grande Valley’s water supply with a more cohesive mindset.

“This is a long-term issue. We need to develop a regional plan to address future water needs,” Cortez stated.

Though they are called “drought contingency plans,” it’s a bit of a misnomer because, unlike other regions in the state, here, the variable that most often controls water restrictions is not a lack of rainfall, but instead, how much water is stored at Falcon and Amistad international reservoirs.

That’s because the bulk of the Valley’s water comes from a single source — one under significant stress, the Rio Grande.

The river’s long-term viability has been called into question due to a years-long impasse in international diplomacy.

Much of the Rio Grande’s headwaters lie across the border, hundreds of miles away in the mountainous Mexican state of Chihuahua.

Falcon International Reservoir seen Wednesday, Feb. 21 2024, in Zapata County. (Delcia Lopez | [email protected])

But, Mexico is obligated by the terms of a 1944 water sharing treaty with the U.S. to deliver a certain percentage of those tributary flows to the Rio Grande.

Those water deliveries don’t just benefit American water consumers, they’re also crucial to Mexicans living in the border states of Tamaulipas and Nuevo Leon.

The treaty states that Mexico must deliver 1.75 million acre feet of water to the Rio Grande over the course of a five-year treaty cycle. That equates to about 350,000 acre feet per year.

However, abnormally warm years, coupled with drought exacerbated by climate change, has meant that Mexico has been unable to make good on those water deliveries in a timely fashion.

Four years into the current five-year cycle, which is set to end at the end of next October, Mexico is so woefully behind that it couldn’t deliver the water even if it wanted to.

That’s because the country’s own internal reservoirs no longer contain enough volumes of water to pay the water debt, even if Mexico tried to send every last drop downstream.

The crisis has prompted alarm bells from local, state and federal lawmakers, as well as from local farmers and other water experts who are quite literally seeing their livelihoods dry up before their eyes.

In mid-June, the United States’ share of water at Amistad and Falcon fell to an all-time low of just 18.14% — a level not seen since the two dams were constructed.

That figure ticked up slightly after rain events in late June and July, but began to trend downward again in August.

Currently, water levels are hovering at just over 20%, according to the most recent data from the International Boundary and Water Commission.

Falcon International Reservoir, commonly called Falcon Lake, is shown 40 miles southeast of Laredo on Wednesday, July 24, 2024. (Delcia Lopez | [email protected])

But as Mexico continues to drag its feet in response to diplomatic overtures, Valley officials are slowly coming to the realization that the region can no longer depend on its southern neighbor for water deliveries.

That has officials starting to look for novel solutions to an entrenched water scarcity problem, including modernizing drought contingency planning.

The proposed regional plan consists of six stages, beginning with “Stage 1” which would be considered “mild.” Stage 1 would mean a water supplier had 100% of its water reserves available.

The stages continue from Stage 1’s “mild”, to moderate, severe, critical, and then emergency at Stage 5.

As drought conditions worsen, the resultant lower water reserve levels would trigger more advanced stages of conservation.

Whereas Stage 1 assumes a supplier has 100% available in reserve, Stage 2 assumes those levels have fallen to 40%, then 30% at Stage 3, 20% at Stage 4 and finally 15% at Stage 5.

Stage 6, the most dire category, would prompt emergency orders calling for water allocations, otherwise known as water rationing.

Under the terms of the proposed regional contingency plan, this summer’s low reservoir levels would have been considered “critical” and would have put the entire county under Stage 4 restrictions.”

Suspects in San Juan stash house murder indicted

Samuel Uvalle Sr., Jesus Grijalva and Roberto Salas

A Hidalgo County grand jury has indicted two men over the killing of a man who went missing in early May.

Samuel Uvalle Sr., 47, of Mission, and Jesus Grijalva, 43, of San Juan, are both charged with murder.

Grijalva is scheduled for arraignment next Tuesday while Samuel Uvalle Sr. is scheduled for arraignment in late September.

They are accused along with 35-year-old Roberto Salas — who is a fugitive — of murdering Juan Carlos Hernandez de Leon, who went missing on May 6.

Investigators searching for him developed information that on May 15 a person known as “Joker,” later identified as Grijalva, was using a tractor to bury something at 4610 E. Wisconsin Road in Edinburg, according to a probable cause affidavit.

After executing a search warrant there, authorities found the victim’s body.

Witnesses told investigators that Samuel Uvalle Sr. began arguing with Hernandez at a residence located at 1913 Morningset Road in San Juan on May 7 at around 4 a.m.

“Samuel Uvalle (Sr.) started to assault Juan Carlos with a hammer,” the affidavit stated. “Roberto Salas and Jesus Grijalva joined Samuel Uvalle (Sr.) on the assault. Jesus Grijalva Jr. utilized a hammer tool to assault Juan Carlos.”

The men then put him in a barrel, took him to the Edinburg property and buried him.

Samuel Uvalle Sr.’s son, Samuel Uvalle Jr., born in 2002, was also arrested at the San Juan stash house on federal human smuggling charges by the United States Marshal Service and sheriff’s deputies who were conducting surveillance during the homicide investigation.

Both father and son have since been indicted on federal smuggling charges, which they pleaded guilty to on July 8.

They are in federal custody and are scheduled for sentencing next Tuesday.

When authorities were conducting surveillance of the San Juan residence, they saw six people exit the home and walk to a nearby restaurant.

A Border Patrol agent contacted them and they admitted to being in the country illegally, according to a federal criminal complaint.

Three of the six people told investigators that Samuel Uvalle Sr. threatened them while they were at the residence and one person said at one point they heard someone being beaten.

Grijalva remains held in the Hidalgo County Adult Detention Center on a total of $1,220,000 in bonds.

Anyone with information on Salas’ whereabouts is asked to call the Hidalgo County Sheriff’s Office at (956) 383-8114. Those wishing to remain anonymous can call Hidalgo County Crime Stoppers at (956) 668-8477. Anonymous tipsters can also submit information through the P3 TIPS smartphone application.

Former Palmview High School teacher sentenced for sexual coercion of a minor

(Metro Photo)

A former Palmview High School special education teacher has been sentenced to 14 years in prison for soliciting sexually explicit photos from a 14-year-old girl in South Carolina.

Juan Carlos Munoz, 43, who pleaded guilty on March 29, was sentenced Friday, the U.S. Attorney’s Office for the Southern District of Texas announced in a news release.

Federal investigators opened the investigation in November 2022 after law enforcement in South Carolina met with the family of the teenage girl who was communicating with an individual soliciting nude photos and videos.

“The girl met the individual who claimed to be a 19-year-old teenage boy on a social media/video chat site,” the release stated. “Law enforcement uncovered numerous conversations and successfully traced the perpetrator’s phone number to the Rio Grande Valley.”

In December 2022, authorities arrested Munoz at Palmview High School.

“He admitted to communicating with approximately 50 minor children and requesting sexually explicit photos and videos,” the release stated.

During the hearing, Chief U.S. District Judge Randy Crane heard how Munoz also shared the videos and photos he solicited with another “adult male predator.”

“In handing down the prison term, the court noted its concern for the safety of our school children,” the release stated.

Alamdar S. Hamdani, the U.S. Attorney for the Southern District of Texas, said Munoz belongs behind bars.

“Munoz is a predator who hid within the walls of a local school and behind fake personas,” Hamdani said in the release. “This sentence should show this family and all families that justice will bring child predators out of the shadows and placed behind bars where they belong.”

Craig Larrabee, special agent in charge of Homeland Security Investigations in San Antonio, said Munoz abused his position of public trust and preyed on those he was entrusted to protect.

“The sexual exploitation of children is among the most egregious crimes HSI investigates, and today’s sentencing serves as a reminder that our agency will work tirelessly to protect children from coercion and enticement of minors,” Larrabee said in the release.

Mission counselor accused of $2 million healthcare fraud scheme

A 46-year-old Mission man is accused of bilking the Texas Medicaid Program out of $2 million by representing that he provided counseling services at his Brownsville office.

Federal prosecutors, however, allege that Juan Martin Flores never actually rendered those services, according to a news release from the U.S. Attorney’s Office for the Southern District of Texas.

A grand jury indicted Flores on Aug. 7 and he was arrested Thursday.

He’s accused of submitting more than 15,000 fraudulent claims to Medicaid for services that were never provided.

“Between 2018 and 2022, the claims resulted in approximately $2 million in Medicaid payments, according to the charges,” the release stated. “The indictment further alleges Flores used the personal information of Medicaid beneficiaries without their consent to facilitate the fraudulent billing scheme.”

Prosecutors allege Flores submitted the claims under his national provider identifier, representing he provided counseling services at his Brownsville office.

“However, he allegedly never actually rendered those services,” the release stated. “The indictment details multiple instances in which he unlawfully used Medicaid beneficiaries’ identities in the fraudulent claims.”

As of Friday morning, access to the indictment was still restricted in federal court records.

Flores is charged with 10 counts of healthcare fraud and three counts of aggravated identity theft.

He was scheduled to make a first appearance in front of U.S. Magistrate Judge J. Scott Hacker in McAllen federal court on Friday morning.