By Juan Montoya
In a strongly worded missive to Brownsville Independent School District board counsel Baltazar Salazar, Cameron County District Attorney Luis V. Saenz challenged the opinion - issued by hired outside counsel Kevin O'Hanlon -that bord member Eramso Castro must leave the board.
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He said that their claims he was drunk when on trips with other board members, that he wants their oral depositions to assist him in removing him from office.
Saenz wrote Salazar and Hanlon - and copied to Castro's attorney Angel Nix - Thursday that removing him by board vote is impermissible and that unless an election is held or a successor appointed, Erasmo Castro has a right to keep his seat under the 'holdover" provision of the Texas Constitution.
"The Brownsville Herald reported has reported that Mr. Castro has resigned from the BISD Board of Trustees and that his resignation has been accepted...
"...The Herald further reported that Mr. Hanlon counseled the (board) than 'in light of trustees resignation, he should absent himself from further board deliberations'," Saenz wrote.
"I write today for clarification on if the BISD school board intends to name and seat a replacement for (Castro). Furthermore, I would appreciate any guidance on how...the Texas Constitution does not apply in the case of (Castro).
![Image result for erasmo castro, luis saenz]()
Saenz said that the Texas Attorney General has in the past "opinioned that Article 16, Section 17 of the Texas Constitution applies to school board trustees that have resigned and a replacement has not been qualified to fill the position vacated by the resigning trustee.
"It does not say, nor does it mean, that officers may perform the duties of their offices until their successors are qualified, but that they should do it. Such is the contract between them and the state when they take the office, and there are many good reasons why the constitution should be thus interpreted."
"I do very much appreciate clarification on (these) matters. If the school board does not intend to name and seat a successor for (Castro) or hold an election to fill said seat, then as a matter of law he is still the office holder for Position 2 of the BISD school board. Consequently, the State of Texas through (Saenz) has an obligation to continue to pursue the case to secure (his) removal."
"It is alleged (he) is subject to removal because he became intoxicated by means of the introduction of alcohol into his body. It is the case (he) may have on occasion, while traveling with the BISD (board members), become excessively intoxicated. As such it is necessary to depose all the members (of the board) about incidents involving (his) excessive alcohol consumption.
"Therefore, if BISD does not intend to name a successor for (Castro) or hold an an election to fill said seat then please provide dates of availability for all BISD board (members) save Castro, to appear at the office of District Attorney (Saenz) so oral depositions may be taken, starting with Dr. Sylvia Atkinson."
In a strongly worded missive to Brownsville Independent School District board counsel Baltazar Salazar, Cameron County District Attorney Luis V. Saenz challenged the opinion - issued by hired outside counsel Kevin O'Hanlon -that bord member Eramso Castro must leave the board.
He said that their claims he was drunk when on trips with other board members, that he wants their oral depositions to assist him in removing him from office.
Saenz wrote Salazar and Hanlon - and copied to Castro's attorney Angel Nix - Thursday that removing him by board vote is impermissible and that unless an election is held or a successor appointed, Erasmo Castro has a right to keep his seat under the 'holdover" provision of the Texas Constitution.
"The Brownsville Herald reported has reported that Mr. Castro has resigned from the BISD Board of Trustees and that his resignation has been accepted...
"...The Herald further reported that Mr. Hanlon counseled the (board) than 'in light of trustees resignation, he should absent himself from further board deliberations'," Saenz wrote.
"I write today for clarification on if the BISD school board intends to name and seat a replacement for (Castro). Furthermore, I would appreciate any guidance on how...the Texas Constitution does not apply in the case of (Castro).
Saenz said that the Texas Attorney General has in the past "opinioned that Article 16, Section 17 of the Texas Constitution applies to school board trustees that have resigned and a replacement has not been qualified to fill the position vacated by the resigning trustee."It does not say, nor does it mean, that officers may perform the duties of their offices until their successors are qualified, but that they should do it. Such is the contract between them and the state when they take the office, and there are many good reasons why the constitution should be thus interpreted."
"I do very much appreciate clarification on (these) matters. If the school board does not intend to name and seat a successor for (Castro) or hold an election to fill said seat, then as a matter of law he is still the office holder for Position 2 of the BISD school board. Consequently, the State of Texas through (Saenz) has an obligation to continue to pursue the case to secure (his) removal."
"It is alleged (he) is subject to removal because he became intoxicated by means of the introduction of alcohol into his body. It is the case (he) may have on occasion, while traveling with the BISD (board members), become excessively intoxicated. As such it is necessary to depose all the members (of the board) about incidents involving (his) excessive alcohol consumption.
"Therefore, if BISD does not intend to name a successor for (Castro) or hold an an election to fill said seat then please provide dates of availability for all BISD board (members) save Castro, to appear at the office of District Attorney (Saenz) so oral depositions may be taken, starting with Dr. Sylvia Atkinson."