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ELIZONDO MAKES CAMEO ON AMBULANCE AT VMS MEET

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By Juan Montoya
It was advertised as an administrators' conference to be held at the Veterans Memorial Early College High School this morning and the participants from throughout the Brownsville Independent School District heard Superintendent Esperanza Zendejas welcome them to new school year.

The session was nearing the end when Zendejas told them to wait around a bit because a school board member was on his way to welcome them, too.
No one knew who it was, but they dutifully waited for the board member to arrive.

Soon enough, a Brownsville Fire Department ambulance unit arrived at the school and Brownsville Fire Chief Carlos Elizondo arrived in full regalia. This threw off some administrators who questioned the fact that Elizondo was on city time and had taken the ambulance out of commission (with a crew?) to make his grand entry.

They also questioned why he was in full uniform and if the city was paying him while he was on district business. This is not the first time Eizondo has been criticized for using city emergency vehicles to attend to BISD business. Some readers have sent us photos of his use of a hazardous materials response truck to attend the BISD board meetings. (See graphic)

Some grew irate that they had to wait around until Elizondo got there to make his entry and called Brownsville City Manager Charlie Cabler to inquire on the appropriateness of Elizondo using the city emergency vehicle as his personal transportation and whether he was being paid by the city on a non-city event.

Reports indicate that when Cabler called Elizondo, the chief was overheard saying that he had to deliver some materials to his daughter who attends Memorial. But the administrators questioned this because some said that his daughter had already graduated. Elizondo left soon after Cabler's call.

We have pointed out repeatedly on this blog that the obvious conflict of interest that the city administration has chosen to overlook so far in the case of a city employee holding an elective office within the city's jurisdiction. And some have pointed out that the city and BISD meetings are held on the same Tuesday of the month and Elizondo must decide which master he will serve.

Elizondo's holding the elective office and the fire department position has been questioned before by those who said it is contrary to the city personnel policy manual that 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."

Art Downey, a local attorney representing a group of concerned Brownsville residents, wrote in a letter he sent City Attorney Mark Sossi that:

"The Brownsville City Charter Code of Ethics, 38-38 provides that:
b) Employees. A city employee immediately forfeits employment with the city if the employee:
(1) Becomes elected and takes office to an elective public office where the holding of that office will conflict with the full and proper discharge of the employee's duties with the city; or
(2) Is a managerial or supervisory city employee and becomes elected and takes office to an elective public office of an entity having direct or indirect contractual relations with the city that involve the employee's department.

Another section (38-37) applies when a city employee becomes involved with another political entity and makes use of government time and/or property for the benefit of another entity. He cites the section:

b) Employees. A city employee immediately forfeits employment with the city if the employee:

(1) Becomes elected and takes office to an elective public office where the holding of that office will conflict with the full and proper discharge of the employee's duties with the city; or

(2)Is a managerial or supervisory city employee and becomes elected and takes office to an elective public office of an entity having direct or indirect contractual relations with the city that involve the employee's department.

Although the personnel policy still applies and Elizondo should not hold both posts, Downey and the concerned citizens may not have known – though Sossi, who had been entrusted with formulating a new code of ethics for the city did – that the city code of ethics was allowed to expire years ago and had never been revised.

When Mayor Tony Martinez came into office in his first term six years ago, he promised to implement a code of ethics and appointed Sossi to make one. So far, nothing has been heard from Sossi on the issue. In fact, he also sat on Downey's complaint and has done nothing on the matter so far.

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