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TODAY'S BISD FILING DEADLINE POLITICAL SCIENCE LESSON: HOW THE SAUSAGE IS MADE AND GIVEN TO LOCAL VOTERS

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"Law (and politics) and sausage are two things you do not want to see being made. No one should see how laws or sausages are made. To retain respect for sausages and laws, one must not watch them in the making. The making of laws like the making of sausages, is not a pretty sight." 
Otto von Bismark

By Juan Montoya
With more than a dozen people indicating that they will vie for the four positions open on the Brownsville Independent School District election this November, the candidates – declared and undeclared  – will pile into the district's boardroom at 5 p.m. today who decide whose seat they will seek and learn who their opponent(s) will be.
The drawing for a place on the ballot will follow at 5:30 after the the final filings.
This much we know.

Position 3 currently held by Otis Powers is up for grabs with the incumbent facing former trustee local attorney Philip T. Cowen, and BISD staffer Argelia Miller.

Position 5 currently held by Catalina Presas-Garcia is facing Laura Perez-Reyes and Erasmo Castro. Perez-Reyes is a political newcomer and is the court coordinator of Cameron County Court-at-Law #3 under Judge David Gonzales III. Castro has run unsuccessfully for mayor and for county Democratic party chairman and has been identified with social media and his Cheezmeh group Facebook page. Presas-Garcia is completing eight years on the board and is running for her third term.

Position 6 is currently held by Minerva Peña and she is being challenged by Roberto Uresti, Anna Elizabeth Hernandez Oquin and Ken Wittenmore. Uresti has run for city commission before. Peña retired from the Texas Department of Public Safety. Wittenmore is a retired 30-year BISD administrator who has worn a number of different hats ranging from elementary school teacher to employee benefits administrator and finance administrator for the district's food service administrator. This is Hernandez-Oquin's first foray into electoral politics. She is a local businesswoman who owns two McDonald's Restaurant franchises.

Position 7 is currently held by Jose H. Chirinos and is being challenged by Dr. Sylvia Perez Atkinson, Rigoberto Bocanegra and Orlando Carlos Treviño. Atkinson has held positions as superintendent in several school districts, including assistant superintendent in the BISD and is currently employed as an assistant superintendent in the Rio Hondo ISD. Treviño is currently a security guard with the district. Bocanegra is a Brownsville firefighter and an officer in the firefighters' union. He is well known in local political circles and has been actively engaged in numerous political campaigns in the past.

Uresti had first filed for Position 7 but withdrew from that race and filed for Position 6 against Peña.
And, lurking in the shadows is 404th District Judge Elia Cornejo-Lopez who has named a treasurer (her husband Leo) but who hasn't vie hat position she will vie for.

But take this with a grain of sand. Candidates have been known to switch positions at the
moment for the ding on who files for what position. This happened last time when Presas-Garcia ran and the move resulted in a win.
This year Presas-Garcia has said she will remain in Position 5 regardless of who files. And during a recent meeting of the Cameron County Democratic Party, Cornejo-Lopez told some of those attending that she will run for whatever position Presas-Garcia files at the end. There is obviously bad blood between the two fueled by Cornejo-Lopez's resentment against the administration over the alleged mistreatment of one of her daughters attending high school and blames the board – and Presas-Garcia personally over the alleged slights.

And you can't count out a stealth candidate who may decide at the last minute to jump into a race, either on their own volition, or as part of a strategy by other candidates to take advantage of gender, ethnic or cultural differences between the candidates in any given race.

The board's majority before this elections was composed of former BISD Athletic Director and trustee Joe Rodriguez. His bloc included Carlos Elizondo, formerly president of the firefighters union and now Brownsville Fire Department chief and trustee Cesar Lopez. Chirinos, the incumbent for Position 7, formed the fourth vote of the Rodriguez majority. Chirinos has not filed for reelection and has lent an air of uncertainty to the process. Insiders say he will file but will wait until 5 p.m. to decide whether he will or not or what position he will seek.
Whatever Chirinos decides, the Rodriguez bloc needs Chirinos or one other of their backed candidates to win to retain control of the board.

Cowen, running against Powers in Position 3, is seen as a Rodriguez ally and could form the majority if he can overcome the incumbent and Miller could decide the outcome of that race if she draws enough of the female Latina vote and swings it one way or another. Powers is related by family to the Atkinsons and is a indefatigable campaigner. So this race is up in the air as is the sealing of the majority with Cowen by the Rodriguez-led majority.
In fact, Treviño, in the Position 7 race against Chirinos, is Powers' uncle and has told many that one of the reasons he is running is to avenge the removal of his nephew by the Rodriguez majority to replace him with Peña as board president.

There are other considerations here, too.

When Elizondo became fire chief, many of the firefighter union members interpreted that as him selling out the union for personal gain. This may be one of the motives driving Bocanegra, one of his principal allies in union activities and political activism, to run for the board.
Both Bocanegra and Elizondo are city employees as firefighters and – if the city and the BISD administration chose to question their candidacies and ability to hold elective office – could possibly make them ineligible to serve. The city's personnel policy manual specifically prohibits a city employee from holding an elective office in city government or other jurisdictions if it is determined that it would constitute a conflict of interest.
Specifically, it states":
Section 702: Political Activity
"B. Specifically, City Employees may not engage in the following activities:
4. Hold an elective City office or hold an elective or appointive office in any other jurisdiction where service would constitute a direct conflict of interest with City employment, with or without remuneration. Upon assuming such office, an Employee shall resign or shall be dismissed for cause upon failure to do so."

There is some precedent for this to happen.
In El Paso, a fire department lieutenant was given the choice of keeping his job with the city or the seat on the board of the school district that he had just won in an election. In that case, the firefighter gave up his seat and retained his job. A replacement was appointed by the board's majority.
http://archive.newspapertree.com/news/2450-updated-newly-elected-socorro-trustee-cannot-take-office-and-keep-city-job
When Elizondo won his election to the board in 2014, no one brought out the prohibition, possibly because he was not in a supervisory position with the city as a union president. But now, as chief, that has changed. Bocanegra is a lieutenant on the force and also theoretically subject to the prohibition.

The policy, it would appear, was adopted by the City of Brownsville for a reason.
We have been told that the district's administration is mulling over the Elizondo issue and looking for a resolution to the potential conflict of interest.
Now, who will take the bull by the horns? There is ample doubt that the City of Brownsville administration with its ethically-challenged counsel Mark Sossi will call forth the issue. And we also doubt that the BISD administration – which counts on his vote with the majority – will do anything about this either.

But just suppose that someone calls forth the issue in a courtroom. Would the city personnel policy on its employees (especially a department head) not holding elective or appointive office in another jurisdiction survive the test?

And is this the ace-in-the-hole being held by the Rodriguez majority in case one of their candidates wins or Elizondo decides (or is made) to resign after the election? The local rumors are that he would be replaced by the Rodriguez majority by his ally and soul mate– and former BISD trustee – Graciana de Peña to maintain his control of the board.
Political science teachers and researchers, if you want to show your students how the sausage is made in Brownsville, have them attend the drawing tonight for a place on the BISD ballot.

With control over a $540 million budget, 7,000 employees and almost 50,000 students, a seat on this board will affect the lives of thousands of city residents, local commerce and businesses.

And with other interests involved in the elections such as the messianic OP 10.33 group led by Mike Hernandez III and United Brownsville's Carlos Marin looking for at least one win on their bonnet, and vendors of everything from barbacoa to windstorm insurance, the deceptively calm surface of Brownsville politics is fraught with roiling and nasty undercurrents below that rival those that have drowned countless illegal crossers in the Rio Grande.

Oh, yeah, wasn't this election about educating the children of Brownsville? Somehow, that seems to have gotten lost in the shuffle.

CONDOLENCES IN ORDER FOR LINDA SALAZAR, RUBEN CORTEZ

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Special to El RrunRrun
We didn't know it at first, but after inquiring of friends and some of our readers asked about whether we knew the gentleman on the photo with this post was, we found out it was one of the Cortez family.
Lucio Ruben Cortez 73, of Brownsville, Texas, died Friday, August 19, 2016, at Valley Baptist Medical Center in Brownsville.
He had been prevously married to Justice of the Peace Linda Salazar and had her son Ruben Cortez. He is now a member of the Texas State Board of Education and previously a trustee of the Brownsville  Independent School District.
Linda eventually remarried to a man named Salazar who passed away a few years ago.
We send out condolences to the Cortez family (especially to Yoli, Irma, and Andy and all the rest) and to Linda and Ruben.
RIP.

COUNT THEM, THE 20 CANDIDATES ON BISD BALLOT: 10 MEN, 10 WOMEN ASK FOR YOUR VOTE IN NOVEMBER

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Position 3 ( Incumbent Otis Powers)
1. Argelia Miller
2. Herman Otis Powers
3 Josette A. Cruz
4. Jorge Valdez
5. Philip T. Cowen

Position 5 (Incumbent Catalina Presas-Garcia)
1. Laura Perez-Reyes 
2. Erasmo Castro
3. Elia Cornejo-Lopez
4. Caty Presas-Garcia
5. Laura Castro

Position 6 (Incumbent Minerva Peña)
1. Roberto Uresti
2. Rhonda Cavazos
3. Ana Hernandez-Oquin
4. Ken Wittenmore
5. Minerva Peña

Position 7 (Incumbent Jose H. Chirinos)
1. Norberto Rangel
2. Jose H. Chirinos
3. Rico Bocanegra
4. Dr. Sylvia Perez-Atkinson
5. Orlando Carlos Treviño

DIRTY DEEDS SCORE: YZAGUIRRE 2, SAENZ 0: D.A. CLUTCHES DEFEAT FROM JAWS OF VICTORY

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Various Sources:
Perhaps the critics were right when they charged that the arrest and prosecution of Cameron County Tax Assessor-Collector Tony Yzaguirre may have been rushed prematurely to benefit the reelection of District Attorney Luis V. Saenz.
The arrests of Yzaguirre, tax investigator Pedro Garza Jr., dealer/notary supervisor Omar Sanchez-Paz, and Jose Mireles, who served as a lieutenant with the Cameron County Tax Assessor-Collectors Office, on January were hailed as the culmination of a state bribery investigation called “Operation Dirty Deeds” carried out by an investigation by the Texas Department of Public Safety which used informants who reportedly filmed and recorded alleged crimes in that office.
 On Friday, the charges against Garza and Mireles were dismissed, ostensibly to focus on their boss Yzaguirre.
The group had been accused of taking bribes and other charges.
In a prepared statement, Saenz said “The charges on Mireles were dropped last Friday. We intend to try the main defendant, Cameron County Tax Assessor Collector, first. After we prosecute Mr. Yzaguirre we will then prosecute any of his employees that may have been involved. It would be beneficial to Yzaguirre and his defense team to try his employees first. That is why we are doing this.”
Since the defendants cannot be charged with the same crimes, Saenz's claims may ring somewhat hollow. 
Prediction: Yzaguirre will be offered a plea bargain where he will plead guilty to one misdemeanor count and be granted deferred adjudication for one year if he leaves office with all his benefits. If Saenz is lucky, Yzaguirre will accept and Saenz will spin this failure as a triumph for his Public Integrity Unit.
To the two defendants who were arrested publicly and with much fanfare before the cameras before Saenz's reelection: Sorry!

ELIA CORNEJO-LOPEZ: VOTE EARLY AND VOTE TWICE 4 ME

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By Juan Montoya
Come this November 8 – and during the early voting period from October 24 to November 4 – if you live in Brownsville, you will be able to vote twice for Elia Cornejo-Lopez.
Her name will appear on the general ballot which will include the first presidential race where a national political party will field a woman as their candidate. She will be listed on the ballot as the only candidate for the 404th State District Court as the Democratic Party nominee.

On the other ballot she will be listed as one of five candidates for Position 5 on the Brownsville Independent School District.
How did we get to this peculiar moment?


Cornejo-Lopez has interpreted Texas law and the judicial canon of ethics to permit her to run for both positions even though she incumbent of the 404th. And if by some chance she wins the school board race over her five opponents (including the incumbent Catalina Presas-Garcia who she sees as her nemesis), will she have to resign her judicial position?

The law appears to say yes.
But then again, people who know the judge say she is audacious, determined and resourceful in attaining her goals. If there is a way for her to run for the school board and keep her place on the bench, you can bet that she'll find it.
And don't doubt her political clout. As the only candidate to the 404th in the primary she drew 19,962 votes.

At the same time that she is running for both offices, her husband Leo Lopez will be a write-in candidate for the Cameron County Tax Assessor-Collector's office held by incumbent Tony Yzaguirre, now under two indictments with more than 20 counts including charges of official malfeasance, bribery and participating in organized criminal activity.
As sexy as the charges sound, making them stick may prove more difficult as prosecutors have discovered.

One would think that the adage about the key to winning an election in South Texas is to have your opponent indicted would apply and give Lopez the victory hands down. But there are at least three other write-in hopefuls running at the same time and it like doesn't look like Tad Hasse will be able to dissuade any of them from uniting behind one candidate to have a  chance of beating Yzaguirre in November.

In fact, Yzaguirre won the Democratic Party primary and got 11,528 votes even after he had been very publicly indicted and arrested by a joint force of state troopers and federal agents as the cameras were rolling in front of the Cameron County courthouse only two months before the primary election.
Lopez knows it will be a hard row to hoe to defeat Yzaguirre, especially now that two of his co-defendants have had the charges dismissed against them by Cameron County District Attorney Luis V. Saenz.

The fact that his wife Elia is also running for two offices isn't going to help Leo any. Further, if anyone raises a legal issue, it could prove a distraction from his efforts to convince the voters across the county to pencil in his name below Yzaguirre's on the ballot.

Some contend that Cornejo-Lopez has to "resign to run" and vacate her district court position (and $180,000 salary that goes along with it. Others say that the law prohibits "holding" two offices, not merely running for them.
It's a fine a distinction and it may take a court to settle the matter. But until then, we have the peculiar situation where you can, as Democrats like to quip, the opportunity to vote early and (in Elia's case) vote often.

FATHER-IN-LAW OF FORMER CITY COMMISSIONER, BISD TRUSTEE PAT LEHMANN DIES AT 89

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From The Brownsville Herald
Cesar G. Riojas 89, was born October 27, 1926 in Piedras Negras, Coahuila, Mexico. 
Cesar G. Riojas ObituaryHe and his wife Porfiria moved to Brownsville in 1954 and raised their family. Before moving to Brownsville, Cesar served as a paratrooper in the Army, 82nd Airborne Division. 
He was a family man who worked for Franklin Corporation for 32 years and later for the Charles Corporation for 10 years as manager and district supervisor before his retirement. 
He became a U.S. citizen in 1994. 
His legacy is marked by a strong work ethic and unwavering love and commitment to his wife, children and grandchildren. 
From teaching his grandchildren how to ride a bike to keeping them busy with wood projects, he devoted countless hours making sure not to miss any of their milestones. He is survived by Porfiria P. Riojas, his wife of 64 years, and four daughters and a son, Patricia Nielsen and her husband Paul of Dallas, Rose Marie Lehmann and her husband Patrick of Brownsville, Elizabeth Hernandez and her husband Marc of McAllen, Judy Ann Rubinstein and her husband Carlos of Austin, and Cesar Riojas, Jr. and his wife Brenda of Harlingen; 12 grandchildren, seven great grandchildren and his sister Celeste Holdenberg. 
He was preceded in death by his parents, Marcial Riojas Viduarri and Maria de los Angeles Garcia de Riojas.
Visitation is scheduled from 2 to 9 p.m. on Tuesday, August 23 at Buena Vista Funeral Home with the Rosary starting at 7 p.m. 

Our sincere condolences to Rosie, Pat, Carlos Rubinstein and wife Judy Ann and the extended Riojas family.

WILL CATY'S COMPLAINT AGAINST ELIA CORNEJO-LOPEZ FORCE HER TO RESIGN AS JUDGE OF THE 404TH OR REMOVE HER FROM THE BISD BALLOT?

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"Canon 5: Refraining from Inappropriate Political Activity
(3) A judge shall resign from judicial office upon becoming a candidate in a contested election for a non-judicial office either in a primary or in a general or in a special election. A judge may continue to hold judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention or while being a candidate for election to any judicial office."

TEXAS CODE OF JUDICIAL CONDUCT (As amended by the Supreme Court of Texas through August 22, 2002)

By Juan Montoya
On the morning after 404th District Court Judge Elia Cornejo-Lopez filed to run for the contested Position 5 on the November 8 election for the board of trustees of the Brownsville Independent School District, local blogger Robert Wightman emailed us a comment where he said he had filed a complaint with the Texas Commission on judicial Conduct.
His complaint is a companion to one filed with the commission by incumbent Catalina Presas-Garcia today.
Wightman, if it was really him that sent us the comment, states that Cornejo-Lopez "is already out" and that he had sent his complaint to the commission early today.
We hope we are not being taken in by a prankster, but in reading the Judicial Canon Wightman cited above (Canon 5, [3]), it would appear to the average layman to be pretty clear that once a judge enters a contested election (there are five candidates running for Position 5 held by incumbent Caty Presas-Garcia) for a non-judicial office (BISD board of trustees) either in a primary or general election (Nov. 8 is a general election), he or she "shall resign."
Wightman posted to us that he is sending the tear sheet requested by the commission staff. If applying for  place on the ballot and then actually getting on the ballot is enough proof to make Cornejo-Lopez resign, the proof is all there on the BISD website for all to see.
The, as the dialogue on the issue continued, someone cited the Texas Election Code that prohibits running for two positions on a ballot.
Sec. 141.033. FILING APPLICATIONS FOR MORE THAN ONE OFFICE PROHIBITED. (a) A candidate may not file applications for a place on the ballot for two or more offices that:
(1) are not permitted by law to be held by the same person; and
(2) are to be voted on at one or more elections held on the same day.
(b) If a person files more than one application for a place on a ballot in violation of this section, each application filed subsequent to the first one filed is invalid."
Does this mean that Cornejo-Lopez has no choice and can no longer serve as judge having abdicated the position by her filing for BISD trustee? Or does that mean that the BISD can remove her name from the ballot and leave her as judge?
And will the commission linger in their decision until after the Nov. 8 election?
If Cornejo-Lopez's filing was done in moment of blind rage, it may have been a hefty (and embarrassing) price to pay for a fit of anger.

RUNNING SCORECARD: TONY YZAGUIRRE 3, D.A. SAENZ 0

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By Juan Montoya
Make that three dismissals within the space of three working days in the prosecution of the so-called Operation Dirty Deeds.
On Friday, the Cameron County District Attorney’s Office dismissed the case against Jose Mireles, who served as a lieutenant with the Cameron County Tax Assessor-Collectors Office.
Also on that day, charges were also dropped on former tax investigator Pedro Garza Jr.
And just today we have learned that the D.A.'s Office dropped charges against tax office dealer/notary supervisor Omar Sanchez-Paz August 23, today.
Mireles was arrested in January with County Tax Assessor-Collector Tony Yzaguirre Jr., Garza Jr. and Sanchez-Paz.
Charges are still pending against Yzaguirre, and Claudia Elisa Sanchez, who was later arrested in connection with “Operation Dirty Deeds.”

CORNEJO-LOPEZ REMOVED FROM THE BISD BALLOT, HER SEAT AS 404TH JUDGE UP TO JUDICIAL CONDUCT COMMISSION

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By Juan Montoya
Late this afternoon usually reliable sources inside the Brownsville Independent District have said that 404th District Judge Elia Cornejo-Lopez name will be  removed from the Nov. 8 election where she had filed as a candidate Monday for Position 5 to unseat incumbent Catalina Presas-Garcia.
El Rrun-Rrun has been unable to confirm the reports with the BISD because the withdrawal reportedly came shortly before the closing time for the main offices of the district.
However, sources at the Cameron County Elections Office told this medium that Administrator Remi Garza had informed Cornejo-Lopez that she could not appear on two ballots for an election held on the same day (Nov.8) because it was against the Texas Election Code.
The Texas Election Code that prohibits running for two positions on a ballot for elections held the same day.
Sec. 141.033. FILING APPLICATIONS FOR MORE THAN ONE OFFICE PROHIBITED. (a) A candidate may not file applications for a place on the ballot for two or more offices that:
(1) are not permitted by law to be held by the same person; and
(2) are to be voted on at one or more elections held on the same day.
(b) If a person files more than one application for a place on a ballot in violation of this section, each application filed subsequent to the first one filed is invalid."
Three other candidates are on the ballot for the same position. They are Laura Perez-Reyes, Erasmo Castro, and Laura Castro
The removal of her name from the BISD ballot comes on the heels of news that at least two persons have filed online complaints with the Texas Commission on Judicial Conduct saying that her entry into the non-judicial contested election not only violated the code of judicial conduct but by filing as a candidate she had also relinquished her seat on the 404th bench.
Canon 5 of the Code of Judicial Conduct states that": "Canon 5: Refraining from Inappropriate Political Activity 
(3) A judge shall resign from judicial office upon becoming a candidate in a contested election for a non-judicial office either in a primary or in a general or in a special election. A judge may continue to hold judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention or while being a candidate for election to any judicial office."
TEXAS CODE OF JUDICIAL CONDUCT (As amended by the Supreme Court of Texas through August 22, 2002)
Presas-Garcia said she will follow through with her complaint and blogger Robert Wightman also filed one online and included the ballot drawing tear sheet and her application declaring herself a candidate on the Nov. 8 ballot.
Since she relinquished her judgeship "upon becoming a candidate in a contested non-judicial election, (see graphic) at 4:58 p.m. Tuesday, two minutes before the filing deadline, that would seem to imply that she is no longer a district judge and cannot sit on cases before her court.
What will this mean to the court docket that is scheduled for Wednesday? Will those proceeding be legal or will she still conduct business regardless?
And she is also subject to the Judicial Fairness Act of the Election Code which requires her to return all political contributions she has received after she named her treasurer (her husband Leo Lopez). 

CORNEJO-LOPEZ LEAVES BISD RACE; IS SHE STILL A JUDGE?

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By Juan Montoya
On Aug. 22, at 4:58 pm., two minutes before the filing deadline to file as a candidate for the board of trustees of the Brownsville Independent School District, 404th District Judge Elia Cornejo-Lopez foiled her candidate application to be on the ballot.
She, thus, as a sitting Texas district judge, according to the judicial canons, "resign(ed) from judicial office upon becoming a candidate in a contested election for a non-judicial office either in a primary or in a general or in a special election."
Then, a day and six minutes later, she filed a certificate of withdrawal at 5:04 p.m. with the office of the Chief Financial Officer of the BISD to remove herself from the Nov. 8 election ballot.
Cornejo-Lopez has waited until almost the last minute to make sure that she would be running against Catalina Presas-Garcia in Position 5. Numerous sources say that she had it out for Presas-Garcia for what she perceived as offensive acts by her and others in the BISD against one of her daughters who was attending high school in the district.
Regardless of the reasons, and even if her second application to be on the ballot for different offices in the November 8 general election was thrown out by the BISD (which it was not) and until the complaints against her with the Texas Commission on Judicial Conduct is heard, is she effectively resigned from the bench at the 404th?
On Dec. 15, 2015, she filed for the Democratic Party primary for her 404th state District Court judgeship. She had no opponent in the primary and has no opponent in the Nov. 8 general election.
Now, the BISD legal counsel should have known that and prevented her from filing a second time, as she herself should have known. We understand that it was not until Democratic Party chair Amber Medina called her late Tuesday that she could not run for both offices twice that she moved to file her withdrawal.
If she resigned "upon becoming a candidate," can she ignore the code of judicial conduct and continue on the bench as if nothing happened pending a finding by the commission?
And if an attorney with cases before her object to her sitting on the bench and presiding over a case, can he ask that she recuse herself and ask for another judge and another venue?
Is any proceeding over which she now presides legal?
Or if the judicial conduct commission irrelevant in this case now that she has removed herself from the BISD ballot?

HERALD STORY OF PRESAS-GARCIA SUIT:LATE, CONVENIENT

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By Juan Montoya
At least one blogger noted – as did the objects of the story in the Brownsville Herald– that on the same day that candidates were to draw for a place on the ballot for the Brownsville Independent School District's board of trustees, the daily ran a story about a federal lawsuit involving one of the candidates.
What was notable about the article written by Gary Long was that the request for a summary judgment in federal court by trustees Cesar Lopez, Minerva Peña had occurred 25 days ago on July 29, just five days short of a month before.
Although the answer and a motion for continuance by plaintiffs Catalina Presas Garcia and Lucy Longoria followed on August 18 and the defendant's objections a day later, why did the reporter and the Herald choose the final day of the filing for BISD trustee and the day they drew for places on the ballot to publish the stale story?
As of this moment, federal judge Andrew Hanen is still considering the defendant's motion for summary judgment and the plaintiffs' request or more time to respond to both motions.
So why the apparently deliberate publishing (and the reminding of the voters of the lawsuit) at this particular time?
Presas-Garcia has long felt that Long has hitched his star to former BISD trustee attorney Rick Zayas and an old board majority who have an ax to grind against her. Zayas, in fact, has represented various clients in lawsuits against her. Presas-Garcia has regarded Long a willing accomplice to them by providing critical (and in this case conveniently late) coverage against her.
Someone, apparently, has a hidden agenda. Can you guess which newspaper in Brownsville it is?

HINOJOSA PUSHES TREVINO: URESTI THE VOICE OF REASON?

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By Juan Montoya
Yesterday, just before the Cameron County Commissioners' Court undertook the business in its agenda, the public comment session revealed a clever stratagem on behalf of county-judge elect Eddie Treviño, the former mayor of the City of Brownsville, the Friends of the West Rail Trail advocates, and the Cameron County Democratic Party.
Three speakers went before the commissioners and each urged them to "appoint" Treviño in the place of "unelected" county judge Pete Sepulveda.
Brownsville residents and West Rail Trail supporters Mike Sieffert, Katy Youker, and a Spanish-speaking woman from San Benito all asked the commissioners to replace Sepulveda with Treviño and mentioned the "huge" projects before the commissioners, including, of course, the West Rail Trail they say Treviño supports.
Sieffert said that since no one had filed as a write-in candidate for county judge and the filing period was over, the court should appoint Treviño.
Likewise, Yeuker said that Sepulveda being the county judge and also the executive director of the Cameron County Regional Mobility Authority opened up the county to potential conflict of interest charges in its selection of transportation projects.
After that all had their say promoting the West Rail Trail, Brownsville resident – and now a candidate for the Brownsville Independent School Board – Robert Uresti took the bully podium and urged the commissioners not to place an agenda item for the creation of a hospital district to help fund the University of Texas Medical School.
"The University of Texas should fund it (the medical school) and you shouldn't place that burden on the backs of the taxpayers," he told them.
Then he attacked the idea of building a west rail bike-and-hike trail and said that not only should there be a thoroughfare on the west side, but also an East Loop to alleviate the heavy truck traffic carrying hazardous cargoes through the Southmost area.
"Southmost is suffering from the heavy traffic, too," he said.
As for the idea of a West Rail Trail, Uresti scoffed at the previous speakers and dared the commissioners to observe the use of the trails that exist after the spending of "millions and millions of dollars."
"They are not being used," he said. "Nobody, not even a dog is walking on them."
After Uresti made his comments and the court set to consider the rest of its agenda, the three pro-Treviño speakers made their way out of the courtroom accompanied by Cindy Hinojosa, wife of Gilbert Hinojosa, chairman of the Texas Democratic Party and a Treviño supporter.
"Imagine Uresti emerging as the voice of reason," said a court observer. "Unbelievable."

NOW THAT ELIA IS OUT, WILL THERE BE ANY FALLOUT?

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By Juan Montoya
Let's see if our legal department has this figured out.
State District 404th Judge Eli Cornejo-Lopez was on the November 8 general election ballot as the sole candidate for that position after winning the Democratic Party nomination in the March primary.
She was also the only candidate for that office in that primary. There is no Republican Party candidate on the November ballot.

Then, at 4:58 p.m., on August 22 – two minutes before the filing deadline – she filed as as a candidate for Position 5 along with three others challenging incumbent Caty Presas-Garcia in the Nov. 8 Brownsville Independent School District election for the board of trustees.
Now, we've been told that the filing as a candidate in two elections is not permissible under the Texas Election Code and that the county elections administrators and the Texas Secretary of State would not permit that from happening.

Add a Texas Attorney Generals opinion that says it's against the law for a district judge to run for the board of a school district, and her candidacy was a non-starter.
However, the BISD officials – lawyers, the board's legal counsel, and the administration who are running the election –  including Lorenzo Sanchez, the BISD Chief Financial Officer, accepted it and for all practical purposes she became a candidate and drew for a place on the ballot.
Remi Garza, the Cameron County elections Administrator was instructed by the office of the Texas Secretary of State that Cornejo-Lopez could not appear on two ballots for different positions in the November 8 elections.

Did anyone advice Cornejo-Lopez about the illegality of her filing for the BISD board? Just a mere days before she was in the august company of the Demo Brain Trust that includes Cameron County Clerk Sylvia Garza Perez, Cameron County Democratic Party chair Amber Medina, and Cindy Hinojosa, wife of the Texas Democratic Party chairman Gilberto Hinojosa, also a lawyer versed in elections matters and a former Camerou County Judge. During the Demo meet, Cornejo-Lopez made it very clear that she was going to announce for Position 5 of the BISD board. Did all these people play her and didn't raise a finger to warn her of the potential consequences? (See graphic above.)

Cornejo-Lopez then filed a notice that she was withdrawing from the race on Tuesday, August 23, at 5:04 p.m., exactly 24 hours and six minutes later.
However, there is no denying that for that period of time she had announced herself and was considered a candidate for a contested non-judicial race.
Enter the Canons of Judicial Conduct administered by the Texas Commission on Judicial Conduct.

The applicable canon is 5 and stipulates:
Refraining from Inappropriate Political Activity 
(3) A judge shall resign from judicial office upon becoming a candidate in a contested election for a non-judicial office either in a primary or in a general or in a special election. A judge may continue to hold judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention or while being a candidate for election to any judicial office."

Even if the Secretary of State denies to certify Cornejo-Lopez as a candidate for the BISD, a reading of the section on its face would seem to say that she effectively resigned her seat on the 404th the minute (4:58 p.m. on August 22) she field for a non-judicial contested election.
Since she is on the Nov. 8 ballot as the Democratic party candidate for the 404th, it would appear that she may not preside in that court until she is elected in November 8, the vote is canvassed, and she is sworn in January 1.

Until then, it would seem that she has no jurisdiction to make from any decisions or to issue orders that the bench.
And is the State of Texas and Cameron County bound to pay her salary and stipend during that time?
It's time for someone on the commissioners court to step forward and ask these questions. We have already become the laughing stock of the state over the judicial corruption prosecutions involving Abel Limas and Armando Villalobos and a gaggle of lawyers and their gophers. Are we willing to let this happen again?  

TWO B'VILLE FIREMEN HURT AS CARLITOS MAKES NEW FRIENDS

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By Juan Montoya
At the same time that Brownsville Fire Department Chief Carlos Elizondo was rubbing elbows with the big shots in Matamoros in a mock chemical spill drill, two of his men were slightly injured and received medical treatment when a roof collapsed in a burning building Tuesday.

Firefighters responded to a house fire on Barcelona Avenue at 11:50 a.m., said Assistant Fire Chief Cesar Pedraza. Pedraza also said that four fire engines and a ladder truck responded.
The roof collapsed, injuring two firefighters and they were treated on scene for minor injuries, the news media reported.

News reports from Matamoros indicate that Elizondo and some Brownsville firefighters were on hand there to participate in a bi-national mock drill along with Matamoros mayor Leticia Salazar Vázquez and another 150 persons. The event was held at Mata's Olympic Park and included the director of the environmental committee of the Maquiladora Association. The event started at 8 a.m. and lasted well into the early afternoon and the mock drill staged a mock crash between a truck and a tanker trailer carrying hazardous chemicals (ammonia). The drill included four injured civilians who were treated by doctors. All the actors were students of the Matamoros medical school.

Of 13 border sister cities, only Brownsville and El Paso have a formal mutual agreement plan in place with the cities across the river, that is, Matamoros and Ciudad Juarez.
Unlike his predecessor Lenny Perez, Elizondo has taken to wear a natty formal suit and tie in public appearances. Perez usually wore his firefighter uniform to these events.

When Elizondo was president of the firefighters union, he often criticized Perez for putting the department's resources on the wrong priorities. He, among others, criticized Perez for sending neh firefighters and their truck from the Fire Station 6 on 1100 Old Port Isabel Rd. to Paredes Elementary School during Fire Prevention Week.

It just so happened that a fire broke out nearby on now-Jaime Zapata Road (Old Coffeeport Road). As a result of Lenny having sent the truck and firefighters to Vela, the firefighters from the Old Alice Station 4 at 605 Old Alice Road had to respond.
The fire occurred on Oct. 10 at the Macias Apartments at 3663 Coffeeport Road.

Eyewitnesses to the blaze have said that the response time by the firefighters was unusually long and that mismanagement of fire companies may have contributed to the tragic turn of events.
"I was there before the fire engines got there," said an eyewitness at the scene. "I saw smoke coming out of the window of an upstairs apartment and wondered why the firefighters were taking so long. There is fire station (6) just around the corner near the Treviño Funeral Home. It wouldn't have taken them but a minute to get there. It's less than a mile away."

A review of the preliminary report indicates that the crew of Fire Engine 6 did not answer the call because it had been assigned by Fire Department administrators on Perez's orders to make a Fire Prevention Week presentation at Paredes, miles away from the fire.
Instead, Fire Engine 4 on Old Alice Road across the street from Martin Elementary was assigned to cover for Fire Engine 6. In their report, they said they got the call to go to the blaze at 9:13 a.m. from dispatch that indicated that a child was trapped inside.

The report states that dispatch got the call from the scene at 9:12.
Fire Engine 4 reported that they covered the 7.5 miles from Old Alice to the apartments in about nine minutes, arriving there at 9:21 a.m.

The blaze resulted in the fire death of four-year-old Osvaldo "Gotti" Moreno who was rescued out of a burning apartment on the city’s northeast side, but died three days later from brain and lung damage caused by the fumes and smoke caused by the blaze.

We're fortunate that the two firefighters' injuries were minor. And we also acknowledge that firefighters of a high rank needed to be sent to participate with our neighbors in the mock disaster drill lest their egos be offended if we just send a couple of captains instead of our new nattily-dressed chief.
But just as Elizondo criticized Perez for his grandstanding during his administration, he should also be prepared to bear some of the same criticisms he heaped on Loony Lenny.

WITTENMORE CHIDES BISD PRIORITIES, "PERSONAL AGENDAS"

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(Ed.'s Note: Retired Brownsville Independent School District administrator Ken Wittenmore is planning to air the video above as he makes his run at Position 6 on the board now held by Minerva Peña. Other candidates in that race are Roberto Uresti, Rhonda Cavazos, and Ana Hernandez-Oquin. As A BISD teacher and administrator with a career spanning more than 30 years, Wittenmore certainly knows where the skeletons are buried and where the district has failed to prioritize its resources. Take a gander. If this is any indication of what's coming down the pike, it's somewhat refreshing to see that it will be an issue-driven campaign for Position 6.)

GARZA GETS HIS LEGAL COUNSEL, RUIZ NO WAREHOUSE

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By Juan Montoya
Almost unnoticed in August 16 Special Meeting of the Cameron County Commissioners Court was the interviewing and selection of a legal counsel to replace Bruce Hodge, who retired recently.
Almost everyone thought that person would be interim legal counsel Juan Gonzalez, but at least one commissioner had a different idea.

The item – as are all personnel items – was discussed in executive session and when the commissioners emerged Pct. 3 commissioner David Garza quickly made a motion to offer the opening to Frank Martinez, a former Asst. DA to former Cameron County District Attorney Yolanda de Leon.

Pct. 4 commissioner Gus Ruiz seconded the motion and when the vote was called, Pct. 1 commissioner Sofia Benavides and Pct. 2 commissioner Alex Dominguez voted against with Garza and Ruiz being joined in the "ayes" by County Judge Pete Sepulveda.
Insiders say that Sepulveda had expressed his support for Gonzalez, but that Garza had lobbied for Martinez and eventually got his vote for Martinez.

"Garza has a lot of influence on the Cameron County Regional Mobility Authority and he leaned on Pete to swing his vote," said a court watcher. "Even though Pete had promised to vote for Gonzalez, he knuckled down to Garza."
Sepulveda – besides being the appointed county judge until the next general election – is also the CEO of the CCRMA, a position which pays him $230,000 plus a monthly travel allowance.

Every commissioner on the court appoints a member on the CCRMA board.
However, Garza has taken a personal interest in the CCRMA and has traveled widely in Texas and elsewhere to get a leg up on transportation issues. For example, he attended a past Hidalgo County Commissioner’s Court meeting asking for approval of a resolution in support of the Cameron County RMA project which would provide for a second causeway to South Padre Island, joining the mainland and the island at the northern end and alleviating much of the heavy congestion that is currently experienced along the Queen Isabella Causeway. During a December 2014 meeting of the Cameron County Commissioners Court Garza presented the Texas Department of Transportation Road Hand Award given to him by for his labors at the Alliance of I-69.

Garza is the secretary-treasurer for the group and he frequently travels upstate to perform his duties aside from those of a county commissioner and a pharmacist in San Benito. According to a Alliance I-69 press release, the award "is a TxDOT tradition to acknowledge those who have made major contributions to improving transportation in their community and in the state."
Garza is a long-time member of the board and is credited for making dozens of appearances before the Texas Transportation Commission to keep the spotlight on the fact that until 2013 the Lower Rio Grande Valley was the largest metropolitan area in the nation not served by the Interstate Highway System.

Garza, along with other leaders of Cameron County and Valley communities, worked with TxDOT, state lawmakers and members of Congress to attempt to convert US 77 and US 83 to freeway standard and to push successfully for legislation to allow these completed I-69 system sections to be added to be designated as interstates.

So Sepulveda could not really say no to Garza's choice for county legal counsel since he will be working closely with him on all those projects and will need his support when he has to leave office in January 2017 and work full time at the CCRMA.

Ruiz, who was still smarting from the negative feedback of his request to buy some real estate in Harlingen and move the county warehouse, joined Garza to support Martinez and Sepulveda grudgingly voted with them.

FREE JOE LOPEZ RALLY HELD AT COUNTY COURTHOUSE

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Image may contain: 3 people , text

From The Brownsville Herald
By  Jonathan Salinas
Family members, fans and self-proclaimed activists for the falsely-accused, rallied Thursday morning outside the Cameron County Courthouse to call for the release of Grammy Award–winning Tejano superstar Jose “Joe” Lopez.

The rally began at 7:30 a.m. and consisted of placards claiming judicial improprieties, some of which alluded to the conviction of former Cameron County District Attorney Armando Villalobos, now in federal prison for bribery and extortion.

Lopez, the lead singer of the Tejano group Mazz, was sentenced to state prison in 2006 following his conviction on two counts of sexual assault of a child and one count of indecency with a child.

Sandra Trevino of Austin, who said her husband was exonerated after being falsely accused of child molestation, was on the scene after only hearing about Lopez’s case five weeks ago.

For rest of article, click on link below:

COCA COLAS MEXICANAS, ASPIRINAS Y LA ABUELA

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By Juan Montoya
When Andres was small, his father would often take the entire family to visit their grandmother Petra across the Rio Grande and to the colonia where she resided with one of his brothers and a sister and her common-law husband Lalo.

The U.S. kids would come along and after they had gone to the mercado and gotten their haircut with the barber who always feigned that he had cut a part of their earlobe off and then pasted it back on using a dab of saliva with a smile at their father, they would go to visit their grandmother.
Usually, when the other uncles and aunt and their families living in Matamoros gathered, it would be a full house.
Image result for mexican coca cola
Andres always marveled at the fact that his grandmother always kept the plastic covers on the living room sofas and chairs just as they had been kept on in the muebleria showroom. On a hot day, the plastic would stick to his legs and made sticking, squeaking sounds when he moved in it. He didn't like it and told his father who would tell him to keep quiet and not say anything to his grandmother.

His grandmother had developed a habit of drinking a large bottle of Mexican Coca Cola and taking a large Bayer aspirin tablet every morning. She claimed that unless she consumed these two daily she would suffer intense headaches that would make her stay in bed writhing in pain until she had them.

Her sons on the Mexican side would provide her with the Mexican Coca Colas – large, strong, and darker than the U.S. sodas – and Andres' father would buy her large bottles of the aspirins at a farmacia when he visited. The bottles would be returned to the corner tiendita after they consumed the soda and were returnable for deposit. They were heavy, glass bottles larger than the U.S. kind.

As happens in large families, when Andres' aunts and uncles  – his fathers' brothers and sisters – visited, old family resentments would often flare up that resulted in long arguments that would drive the kids outside the house into the colonia while the grownups fought over some old issue that had happened years ago.

A prime bone of contention was Lalo, his grandmothers' common-law husband who used to eke out a living selling oranges and fruit on the streets in a hand-made pushcart. All day long he walked the dirt streets of the colonias and in downtown Matamoros selling his wares. When people bought, he had a knife and chilito that he would sprinkle on the sections. His earnings were meager, but enough to take care of their small needs.
1943-1955 Mexico 20 Centavos reverseHis wiry body strained to push the wheeled cart down the dirt streets as he called out: "Naranjas con chilito a veinte! Cocos! Jicamas con chile!"

Lalo was not liked and was looked down upon by the two unmarried siblings – Andres' aunt and uncle – still living with his grandmother. To them, their mother and Lalo were living in sin and they would become righteously indignant when he trudged in after a long day in the hot, dusty streets and handed their mother his daily earnings in crumpled paper pesos, half-pesos and veintes that she used for her daily needs.

As indignant as the two siblings were of Lalo, they didn't hesitate to dip into the jar where Petra kept the money he earned to spend on what they wanted. The uncle thought he was a descendant of the Latin Romans. She was white-skinned and looked down upon Lalo with ill-concealed contempt as a loathsome creature.

Years before Petra had got together with Lalo, he had been in love with a woman in Torreon, Coahuila, where the family had lived before moving to Matamoros. One day, Lalo came home to his lover and found her cheating on him with another man. In a blind rage, he had killed her with a knife. Since then, he had been on the run. But Andres' father and his brothers and sisters had no way of knowing. All they knew was that their mother had Lalo there to help her when they weren't there and provide her – however minimally – with the things she needed.
Image result for fruit vendor
Lalo was one of Andres' favorite people in Matamoros. In fact, he was all the kids' favorite because if they happened to be there when he came home with his cart, he would cut them oranges and sprinkle them with chilito and would refuse their veintes. The kids would all crowd around Lalo and he would revel in cutting the oranges to the small crowd of guercos around him.
"Ta rico! Ta rico!," they would shout.
Even though Lalo would not accept any payment for his oranges, Andres had caught his father discreetly pressing a few dollar bills (not pesos) into his hands when no one was watching so he could replenish his wares after they left. Lalo would protest but his father would not hear it.

They got the bad news in Brownsville one day that his grandmother Petra was seriously ill at the Matamoros Seguro Social hospital. Colonia residents rarely saw a doctor and when one of them ended up hospitalized, you knew it was serious.
Andres saw his father and mother jump into their car and head for the bridge.
When they came back, they had bad news. Their grandmother Petra was dead.
"Did she have a heart attack? Did she get bit by a snake or spider," they asked their parents.
The answer left them stunned.

One morning, after Lalo had left to sell his wares and no one was home, Petra had taken her daily aspirin and Coca Cola when she dropped the heavy bottle on the floor and it broke into pieces. A large jagged piece of the neck sliced her arm and wrist and she tried to stanch the flow of blood but could not. Neighbors tried to help to no avail and they rushed her off to a local curandera who told them there was nothing she could do and urged them to take her to the hospital at once. A neighbors' boy was sent off to find Lalo selling his oranges in the streets.

By the time word reached the family, it was too late. They arrived at the hospital to find her, her skin deathly pale in contrast to her normal Indian swarthy look. She died shortly after.

After her death – facing the cruel recriminations of the two siblings remaining at the house – Lalo decided to return to Coahuila and turn himself in to the law to face the old murder charges. He just as easily could have crossed the border and gone north. But he felt old and tired of running and there was nothing else to be done.

His parents later returned to visit old relatives there and took the time to go see him in the penitentiary. They said he was serving a long sentence but was a trustee and made a little money doing laundry and chores for other prisoners to pay for his meager needs. They say he cried when he saw them and tried to return the money Andres' father placed in his hand at the end of the visit. When they left, they saw him at the barred gates waving at them, a forlorn, tragic figure resigned to pay for that ancient moment of passion.

The doctor at the hospital said the jagged Coca Cola shard had severed one of their grandmother's veins and that her daily intake of aspirin had thinned her blood and prevented it from clotting and she had bled to death. There was nothing to be done.

BARTON TAKES ON "COMPOSITE" ITALO ZARATE ON TERCERO

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By Jim Barton
 From brownsvilleobserver.blogspot

Brownsville resident and frequent Brownsville Herald Letter to the Editor contributor Italo J. Zarate strongly disagrees with the termination of TSC President Lily Tercero.
 Zarate's view of the matter seems to dovetail with the views of TSC Trustee Dr. Reynaldo Garcia, who Zarate quotes in his letter published in the Brownsville Herald.
According to Zarate, Dr. Tercero "met all the objectives given to her by the board of trustees and some say she even went the extra mile."

"Normally someone with these credentials gets a pay raise, not a pink slip," Zarate says. What Zarate did not mention in his letter is that Tercero had been actively seeking positions at other community colleges, submitting at least two applications in the last 4 months.

Mr. Zarate describes Tercero as "a strong woman who I hope will beat these culprits in court."

Actually, if Tercero appears in court any time soon, it may be as a defendant for her unethical and likely illegal bypassing of the Board of Trustees to unilaterally sign a million dollar windstorm contract with an insurance vendor.

Not communicating with the Board of Trustees seemed to be a bad Tercero habit as a once vaunted nursing program fell into probation without any communication from Tercero that things weren't going well.

Even before these administrative issues developed, complaints about "micromanagement" emanated from faculty. Not surprisingly, under Tercero the faculty attrition rate has been scary. Educators bristle at being told how to teach by administrators, especially when salary is relatively low.

Italo Zarate and Reynaldo Garcia are simply wrong about Tercero. Her departure is mandatory for TSC to regroup and grow.

THERE'S THAT VICTOR CORTEZ AGAIN! HE'S EVERYWHERE!

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(Ed.'s Note: The last time someone pointed out Republican Party nominee Victor Cortez, he was peeking through the doors of Pat Ahumada's Sweepstakes salon on the frontage road next to Price Road as the Brownsville Police were escorting the feisty former mayor out the doors. Cortez was part of the join task force so-called "Operation Bishop" that would strike fear into grandmas playing maquinitas all over Cameron County. When the time came down for the arrests of these nefarious wrongdoers, Cortez would be in the thick of it in his trademark small-brimmed white  hat. One of our readers sent us the photo of Cortez and his little white hat at a recent campaign rally for Philip Cowen, a candidate for the Brownsville Independent School District Position 3 seat held by Otis Powers. Other candidates in that race are Argelia Miller, Powers, Josette A. Cruz, and Jorge Valdez. We would expect the secretive (and former DEA agent) Cortez to be at those rallies as well, albeit circumspect and flying below the radar as a good DEA agent would. If you want to report any Cortez-in-the-little-white-hat sightings, send us a photo.) 
 

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