Mayor Tony Martinez Violates Brownsville's City Code

Tony Martinez Caricature by Nena

"I, Tony J. Martinez, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Mayor of the City of Brownsville, County of Cameron, State of Texas, and will to the best of my ability preserve, protect and defend the Constitution and Laws of the United States and of this State and the Charter and Ordinances of this city; and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment as a reward for the giving or withholding a vote at the election at which I was elected, or if the office is one of appointment, to secure my appointment. So help me God."

The words of the oath above, taken by Tony Martinez July 1, 2015, after his re-election, seem hollow when the mayor uses his office for personal enrichment, claiming strategically located property for the price of a delinquent tax lien.

Does anyone even recall seeing the requisite sign declaring the lot at 1242 E. Van Buren Street, adjacent to the Tony Martinez Law Office, to be advertised as part of a delinquent tax sale?

Juan Montoya of El Rrun Rrun

Juan Montoya, publisher of El Rrun Rrun blog, broke the story Tuesday, indicating the mayor's bid of $5,200 on a tax delinquent downtown parking lot was given final approval in Executive Session by the City Commission, the order being signed by the mayor himself. Montoya went on to demonstrate how this action violates several aspects of the City Code:

"The sitting in of an elected official in executive session of the City of Brownsville commission, voting to approve accepting a bid on a tax-delinquent property , and then signing as the chief executive of the city while he was the buying one of the properties auctioned off at a tax resale would get anyone indicted.

But will the current Cameron County District Attorney prosecute everyone equally given the political ties that bind him to City of Brownsville Mayor Tony Martinez?

The Brownsville, Texas Code of Ordinances has this section:

Sec. 38-31. - Improper economic benefit.
(a) Economic interest affected. To avoid the appearance and risk of impropriety, a city official or employee shall not take an official action that he knows is likely to affect particularly the economic interest of the following:

(1) The official or employee.

Another part of the section 38-31 reads: (c) Recusal and disclosure. A city official or employee whose conduct or action on a matter would violate subsection (a) or (b) of this section must recuse himself. From the time that the conflict is recognized, the city official or employee SHALL

(2) Promptly file with the city secretary a written statement disclosing the conflict on a form provided by the city secretary.

There were no affidavits filed in the city binder for the item or conflict of interest statements on the record."

Such an obvious violation of the City Code is prosecutable, but will District Attorney Luis Saenz have the nerve for it?

City Planner Ramiro Gonzalez
(Caricature by Nena)

Taking advantage of a city position to acquire property well below its value is not new to the City of Brownsville.  In May 2014, the City Commission approved the purchase of a tract of land referred to as the "Lakeside easement" by then interim City Planner Ramiro Gonzalez.  Here is a May 17, 2014 on that matter by the Brownsville Observer:

"While Ordinance Number 2014-1590 below does not state the action clearly, it involves conveying a .245 acre tract adjacent to Lakeside Drive to Interim City Planner Ramiro Gonzalez for the sum of $7,154. Gonzalez has purchased a Quitclaim Deed for $10, making the exchange with the City of Brownsville official. Article "C" containing the ordinance change is included in the "routine" Consent Agenda items that will be passed in mere seconds at Tuesday's City Commission meeting.

Information found in the binder attached to the City Commission agenda indicates that an "independent certified appraiser" valued the tract at $7,145. Also conveyed to Gonzalez are two additional adjacent tracts of .64 and 1.089 acres.

We're not implying anything unethical with respect to a city administrator, in the course of his work, locating bargain properties for personal purchase, but it's certainly opportunistic.
c) APPROVAL on SECOND and FINAL READING of Ordinance Number 2014-1590, authorizing the City Manager to abandon and close a portion of Lakeside Boulevard Right-of-Way, located in the Brownsville Land and Improvement Company subdivision. (Carlos Lastra-Engineering)"



Survey Showing 3 Properties
Acquired by Planner Ramiro Gonzalez