By Juan Montoya
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Eight individuals have filed two petitions in district court to remove Brownsville Independent School District board member Erasmo Castro and San Benito Consolidated Independent School District this morning on the grounds that they violated a local government code for intoxication.
The two petitions were filed this morning minutes apart from each other at 10;37 A.M. in Judge Ben Euresti's 107th District Court. Euresti is the presiding judge for Cameron County. However, Euresti recused himself from hearing the cases for their removal and it will be up to an appointed visiting judge appointed by the Fifth Administrative Region to sit on the case.
Under Chapter 87 of the Texas Local Government Code, the removal of of a school board member can be initiated by petition to the judge of the state district court where the trustee resides.
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The power to initiate removal proceedings rests with individuals petitioning a state district judge - and not with the school board. Euresti is the presiding judge for Cameron County.
The code lists 14 elected officials from district attorneys to county judges, sheriffs, county commissioners and justices of the peace who can potentially be removed from office. School board members of independent school districts are included.
One of the grounds for removal is intoxication. Castro was arrested Sept. 2 at about 1:35 a.m. on charges of driving while intoxicated at 900 Morrison Road in Brownsville.
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Vargas was arrested July 5 at about 2 a.m. on the 1500 block of Ed Carey Drive in Harlingen and charged with DWI.
A police report indicated that Vargas, 32, was found “sleeping behind the wheel of a black passenger vehicle,” around 2 a.m. Friday July 5. Apparently, someone called the police in reference to an alleged intoxicated driver.
Castro was found sitting in the back seat of a his car which had damage to the driver's front side and a flat tire.
Once the petitions are filed, the statute requires the district attorney to litigate the petition as a civil lawsuit. Additionally, “the district judge may temporarily suspend the officer and may appoint another person to perform the duties of the office” pending a civil trial of the allegations in the petition, according to the statute.
However, it is doubtful that Cameron County District Attorney Luis V. Saenz will prosecute the case since he personally endorsed Castro publicly during his campaign for the BISD board.
Saenz told the Brownsville Herald that he’s aware of the statute but that the petition method for removing a school board member has never been utilized in Cameron County during the 35 years he has been prosecuting cases in the county.
Eight individuals have filed two petitions in district court to remove Brownsville Independent School District board member Erasmo Castro and San Benito Consolidated Independent School District this morning on the grounds that they violated a local government code for intoxication.The two petitions were filed this morning minutes apart from each other at 10;37 A.M. in Judge Ben Euresti's 107th District Court. Euresti is the presiding judge for Cameron County. However, Euresti recused himself from hearing the cases for their removal and it will be up to an appointed visiting judge appointed by the Fifth Administrative Region to sit on the case.
Under Chapter 87 of the Texas Local Government Code, the removal of of a school board member can be initiated by petition to the judge of the state district court where the trustee resides.
The power to initiate removal proceedings rests with individuals petitioning a state district judge - and not with the school board. Euresti is the presiding judge for Cameron County.
The code lists 14 elected officials from district attorneys to county judges, sheriffs, county commissioners and justices of the peace who can potentially be removed from office. School board members of independent school districts are included.
One of the grounds for removal is intoxication. Castro was arrested Sept. 2 at about 1:35 a.m. on charges of driving while intoxicated at 900 Morrison Road in Brownsville.
Vargas was arrested July 5 at about 2 a.m. on the 1500 block of Ed Carey Drive in Harlingen and charged with DWI.A police report indicated that Vargas, 32, was found “sleeping behind the wheel of a black passenger vehicle,” around 2 a.m. Friday July 5. Apparently, someone called the police in reference to an alleged intoxicated driver.
Castro was found sitting in the back seat of a his car which had damage to the driver's front side and a flat tire.
A number of San Benito ISD parents demanded that Vargas be removed from the board. Vargas and the board refused and he remains in his position.
Once the petitions are filed, the statute requires the district attorney to litigate the petition as a civil lawsuit. Additionally, “the district judge may temporarily suspend the officer and may appoint another person to perform the duties of the office” pending a civil trial of the allegations in the petition, according to the statute.
However, it is doubtful that Cameron County District Attorney Luis V. Saenz will prosecute the case since he personally endorsed Castro publicly during his campaign for the BISD board.
Saenz told the Brownsville Herald that he’s aware of the statute but that the petition method for removing a school board member has never been utilized in Cameron County during the 35 years he has been prosecuting cases in the county.
Vargas retained former Cameron County Pct. 2 commissioner Dan Sanchez as his attorney. Castro will be defended by attorney Angela Nix.
The persons who filed the petition in Castro's case were Zachary A. Blevins, Jesus Guevara, Jose Covarrubias and Rocio Patino.
The petitioners in Vargas' case are Janie Lopez, Oscar Medrano, Rosalinda G. Garcia, and Ramon Santos.
The persons who filed the petition in Castro's case were Zachary A. Blevins, Jesus Guevara, Jose Covarrubias and Rocio Patino.
The petitioners in Vargas' case are Janie Lopez, Oscar Medrano, Rosalinda G. Garcia, and Ramon Santos.