By Juan Montoya
The State of Texas, through Cameron County District Attorney Luis V. Saenz, has filed a petition in the 107th District Court to remove Dr. Sylvia Atkinson from the board of the Brownsville Independent School District.
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This is the third petition for removal filed by the DA's Office.
Before, the DA had moved to remove San Benito ISD board president Michael Vargas and Brownsville Independent School district member Erasmo Castro. Vargas was removed by a visiting judge and Castro resigned before the removal action concluded. Bothe were charged with DWI, a Class B misdemeanor under the State of Texas.
In each case, a resident who is currently not under indictment can file the petition for removal and the DA must represent them in the removal action.
The online public portal does not give access to discern who the petitioners were, but sources in the DA's Office say that it was Saenz himself who filed it because no citizen came forward to do it.
The petition filed by the DA late Wednesday is based on Texas Government Code 87.015 which states that any resident of this state who has lived for at least six months can petition the court.
Image may be NSFW.
Clik here to view.
According to the Government Code, a member of a board of trustees may be removed for official misconduct, that is, intentional unlawful behavior relating to official duties by an officer entrusted with the administration of justice or the execution of the law. This term includes an intentional or corrupt failure, refusal, or neglect of an officer to perform a duty imposed (on her) by law.
A federal grand jury indicted Atkinson on Dec. 11, 2019 for one charge of conspiracy, one count of bribery concerning programs receiving federal funds, five counts of bribery, and one count of Travel Act-State Law Bribery, the federal equivalent of the RICO (Racketeer Influenced and Corrupt Organizations) Act.
The indictment is now in federal court and has been assigned to Judge Fernando Rodriguez Jr.
The government alleges Atkinson participated in " along-running criminal scheme to solicit bribes from vendors seeking to obtain contracts with BISD and Rio Hondo ISD. The contracts would provide various goods and services to school districts, including computer tablets, medical teleconferencing services and tutorial services, according to the indictment.
"Atkinson also allegedly solicited and received a $10,000 bribe from an undercover agent related to a film crew's potential use of BISD facilities for filming a purported Hollywood movie."
In the petition for removal, state prosecutors say that in soliciting and accepting bribes from vendors, Atkinson committed official misconduct and that it justifies her removal under chapter 87 of the Local Government Code.
The petition charges that Atkinson also committed Penal Code official misconduct in "exercising discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions...when she solicited, accepted, or agreed to accept any benefit from a person the public servant knows is interested or is likely to be interested in any contract, purchase, payment, claim, or transaction involving the exercise of (her) discretion."
The petition for removal states that Atkinson did not file a conflict of interest disclosure statement with the records administrator or board secretary as required by law.
"In accepting a gift greater than $100 or earning money greater than $2,500 from an actor seeking to enter into an agreement with BISD, (she) violated Chapter 87 and should be removed." the petition states.
The presiding judge – Visiting Judge Manuel Bañales – may suspend an elected official pending the outcome of the action, the motion states.
"As conditions of her bond (in federal court) (Atkinson) has been instructed not to engage in any business with the BISD and/or on behalf of the BISD," the motion states.
"The Honorable Court should summarily suspend (her) and appoint a temporary appointee for the pendancy of this immediate cause or, in the alternative, set the issue of suspension...for a hearing so a temporary appointee may be named to carry out the duties for the BISD Board of Trustee Position 1."
The State of Texas, through Cameron County District Attorney Luis V. Saenz, has filed a petition in the 107th District Court to remove Dr. Sylvia Atkinson from the board of the Brownsville Independent School District.
Image may be NSFW.
Clik here to view.

Before, the DA had moved to remove San Benito ISD board president Michael Vargas and Brownsville Independent School district member Erasmo Castro. Vargas was removed by a visiting judge and Castro resigned before the removal action concluded. Bothe were charged with DWI, a Class B misdemeanor under the State of Texas.
In each case, a resident who is currently not under indictment can file the petition for removal and the DA must represent them in the removal action.
The online public portal does not give access to discern who the petitioners were, but sources in the DA's Office say that it was Saenz himself who filed it because no citizen came forward to do it.
The petition filed by the DA late Wednesday is based on Texas Government Code 87.015 which states that any resident of this state who has lived for at least six months can petition the court.
Image may be NSFW.
Clik here to view.

According to the Government Code, a member of a board of trustees may be removed for official misconduct, that is, intentional unlawful behavior relating to official duties by an officer entrusted with the administration of justice or the execution of the law. This term includes an intentional or corrupt failure, refusal, or neglect of an officer to perform a duty imposed (on her) by law.
A federal grand jury indicted Atkinson on Dec. 11, 2019 for one charge of conspiracy, one count of bribery concerning programs receiving federal funds, five counts of bribery, and one count of Travel Act-State Law Bribery, the federal equivalent of the RICO (Racketeer Influenced and Corrupt Organizations) Act.
The indictment is now in federal court and has been assigned to Judge Fernando Rodriguez Jr.
The government alleges Atkinson participated in " along-running criminal scheme to solicit bribes from vendors seeking to obtain contracts with BISD and Rio Hondo ISD. The contracts would provide various goods and services to school districts, including computer tablets, medical teleconferencing services and tutorial services, according to the indictment.
"Atkinson also allegedly solicited and received a $10,000 bribe from an undercover agent related to a film crew's potential use of BISD facilities for filming a purported Hollywood movie."
In the petition for removal, state prosecutors say that in soliciting and accepting bribes from vendors, Atkinson committed official misconduct and that it justifies her removal under chapter 87 of the Local Government Code.
The petition charges that Atkinson also committed Penal Code official misconduct in "exercising discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions...when she solicited, accepted, or agreed to accept any benefit from a person the public servant knows is interested or is likely to be interested in any contract, purchase, payment, claim, or transaction involving the exercise of (her) discretion."
The petition for removal states that Atkinson did not file a conflict of interest disclosure statement with the records administrator or board secretary as required by law.
"In accepting a gift greater than $100 or earning money greater than $2,500 from an actor seeking to enter into an agreement with BISD, (she) violated Chapter 87 and should be removed." the petition states.
The presiding judge – Visiting Judge Manuel Bañales – may suspend an elected official pending the outcome of the action, the motion states.
"As conditions of her bond (in federal court) (Atkinson) has been instructed not to engage in any business with the BISD and/or on behalf of the BISD," the motion states.
"The Honorable Court should summarily suspend (her) and appoint a temporary appointee for the pendancy of this immediate cause or, in the alternative, set the issue of suspension...for a hearing so a temporary appointee may be named to carry out the duties for the BISD Board of Trustee Position 1."