Why, REALLY, Did Cesar de Leon Resign? No, Not Racism. It May Not Be Because of Conflict of Interest, Either!

City Commissioner Ben Neece

"See, this is what happens when you try to fight corruption!"

City Commissioner Ben Neece, attempting to explain the cries for Cesar de Leon to resign at the October 3, 2017 City Commission Meeting

That's not actually what was happening, Ben, just as the initial push back against racism will not be what actually sours Cesar's legacy.

A full transcription of the 4-1/2 hour audio tape may reveal a young commissioner who feels that the City of Brownsville and Cameron County "owe him" something.

"Why are you not sending cases my way?" Cesar is heard demanding of former Fire Chief Carlos Elizondo, obviously abusing his position as a city commissioner having oversight of city administrators like the fire chief.

Cesar de Leon with Parents

Tidbits gleaned so far from the tape, show Cesar trying to manipulate BISD, not as a school board member, but as a city commissioner, not in a crusade against corruption, but, as an eager player, wanting in on the action.

In an interview with Mark Hanna of the Rio Grande Guardian, De Leon spoke about those who get their degree and leave Brownsville:

"I know one guy who has a great job at Goldman Sachs.  He's not coming back to Brownsville.  IBC has no comparable job for him here."

Yes, Cesar, but you CHOSE public service, knowing full well the salary before you applied.

Till the very end, Cesar de Leon insisted he would NOT resign, yet he did yesterday, as reported in local blogs. 

Today's Brownsville Herald ran its story with this explanation from De Leon:  

“There’s a conflict of interest that has risen between my profession and the commission. Because I’m a practicing attorney, conflicts could arise because of the city,” De Leon said. “I don’t want to jeopardize my profession, so I decided to step down because I have to decide between the city or being an attorney.”

But, what about other city and county officials who practice in local courts?  Note Cesar's comment:

“My resignation has to do more with my legal profession, that there was a conflict of interest that has arisen. We’re not really sure how it affects or will affect other elected officials that have to do business in our courts, because there are some

(Attorney General) opinions and some ethics opinions from the (Texas) State Bar that basically say that if you’re an elected official you really can’t practice in the county courts.”

Bobby Wightman-Cervantes

Bobby Wightman-Cervantes, brilliant legal researcher and former attorney, is not buying the mere "conflict of interest" explanation for Cesar's resignation.  Note his comment to this blog:

"I personally just think they used the stunt to spook him knowing he is struggling financially, and then someone convinced him he should move on. 

"In Texas state court, a party who files a motion to disqualify opposing counsel typically must prove actual prejudice before a court will grant the motion. See, Meador, 968 S.W.2d at 350; Ayres, 790 S.W.2d at 558; In re Bahn, 13 S.W.3d 865, 873 (Tex. App.—Fort Worth 2000, orig. proceeding)" 

What was the actual prejudice? Cesar does not represent the city or the police department. If his representation in a criminal case means possibly the city being sued, there is no conflict. He is just not allowed into the executive sessions during discussions. 

Jim this happens all over the state. Either Cesar was promised something, or he was spooked and played along. He really needs to take de Coss to the Commission on judicial conduct, and his order on mandamus. 

I am working on a disqualification which is black and white as to conflict of interest. It is not easy. Cesar was played or promised something to resign. There is no criminal conduct here, or even a basis for disciplinary sanctions. 

This story has gone from interesting to nuclear. It could be as simple as Saenz telling Cesar he better accept the order or further investigation will be done by Saenz's office. God knows there is enough on the tape. 

If such a suggestion was made, Cesar can take Saenz to the State Bar. No Jim Cesar was spooked with a con, or a threat of criminal investigation which has nothing to do with the case in MC."

Next, Mr. Wightman gives an example of another city commissioner who may be involved as an attorney in county courts:

"Jim, Neece has active cases in county court wherein he is cross examining BPD officers to defend his clients. 

What is the difference? If a MC Judge can remove city commissioners from cases it sends a strong message to all city commissioners that judicial abuse will be used to try and influence the MC budget. 

This merits a major investigation of De Coss. 

And sadly although I like Bobby Lerma a lot and think he was a great choice for Chief Judge, he will sit on the side lines until it is too late to protect the court and his long family good name."

Of course, these are legal theories by Mr. Wightman.  No one knows for certain the factors causing De Leon to have such a dramatic change-of-heart about resigning.

A local musician feels the Cesar de Leon incident has changed Brownsville forever, however:

Brownsville's corruption is no longer "off the radar."  The country knows about us.

Local people have always known about corruption and accepted it.  We see officials living way beyond their known income and know it comes from somewhere.

Emma Perez-Trevino

And, we have great reporter, Emma Perez-Trevino weighing in about a newly found connection with Gilberto Hinojosa:

But immediately, de Leon owes Hinojosa big time, public records also show.

De Leon late last year bought Hinojosa's house/former office at 622 E St. Charles St., public records show. De Leon bought it from Hinojosa for cash and a note in the principal amount of $109,150. Hinojosa is financing it for de Leon at 6 percent interest rate. Hinojosa retains a lien. The monthly payments are $781.98 a month through Jan. 1, 2037.