TSC Trustee J.J. De Leon |
J.J. De Leon, a trustee on TSC's board, is taking some heat for merely performing his role as trustee, receiving a scathing Facebook rebuke by Mario Saenz, a local Democrat political operative and the brother of District Attorney Luis Saenz. (We post Mario Saenz's note in its entirety below.)
De Leon's supposed cardinal sin was simply placing an item on the agenda for the board's March 28 meeting to consider a replacement for board member Ruben Herrera who recently passed away in Spain.
De Leon's proposed agenda item was privately conveyed to Board Chair Adela Garza, who, in turn, shared the item with TSC President Jesus Rodriguez. TSC's agenda has not even been made public, but stipulated to be posted 72 hours before the March 28 meeting.
It's very concerning, however, that the substance of a private email, the contents of which were known only by Board Chair Adela Garza and President Rodriguez, would become public knowledge even before TSC's agenda was released.
Actually, De Leon's proposed agenda item aligns with TSC regulations:
Filling a Vacancy: Any Vacancy occurring on the board through death, resignation or otherwise, shall be filled by a special election ordered by the board or by appointment by resolution or order of the board. Education Code 139.082(d)
The Election Code also offers strict guidelines for conducting a special election as well as qualifications for anyone appointed to fill a vacant position.
The Election Code also specifies that any appointee to fill the temporary vacancy would only serve until the position is filled by a duly elected trustee.
Appointment: The person appointed to fill the unexpired term shall serve until the next regular election of members to the board, at which time the position will be filled by election for a term appropriately shortened to conform with what regularly would have been the length of term for that position. Tex Const. Art XVI. Sec. 27, Education Code 138.0829i), (I)
Trustee De Leon was also following the guideline that requires any agenda item be submitted "the seventh calendar day before regular meetings and the seventh calendar day before special meetings."
Trey Mendez, Adela Garza, Jesus Rodriguez |
As with most things, there may be an underlying political reason for the information leak by either Board Chair Adela Garza or TSC President Rodriguez. Before Ruben's untimely death, Board Chair Adela Garza controlled a board majority with 4 of 7 board member faithfully following her lead.
Even as the board currently stands with an awkward 6 members, Adela controls 3 votes, but, it's easy to see how a 6 member board could be deadlocked, thus the need for a 7th, temporarily or via election.
Adding to the apparent hypocrisy by the TSC Board Chair, President, and/or Mario Saenz is that, following the death of the late TSC Trustee Ramon Hinojosa, Jr., an agenda item for his replacement on the board was submitted a mere six days after his death by none other than Adela Garza.(Mr. Hinojosa's obituary indicates he passed away August 22, 2017. The TSC agenda lists an agenda Item #5 submitted by Adela Garza: Nominations, Consideration and Approval, through Resolution, of the Filling of the Vacancy on the Board of Trustees for Texas Southmost College. The agenda was posted August 28, 2017, just six days after Mr. Hinojosa's passing.)
Anyway, here's the extremely critical note written by Mario Saenz:
Mario Saenz with First Lady Jill Biden |
Six days ago, not even a week ago, Ruben Herrera, nuestro estimado amigo, beloved father, esteemed TSC Trustee and distinguished community leader suffered a heart attack in Madrid, Spain.
His family has not been able to properly grieve him as they struggle with the challenge of trying to get his body returned to Brownsville.
His TSC family remains in shock as they recall that just last Friday he graciously represented TSC at Brownsville's Border and Commission and Appreciation Luncheon.
The legal community is once again devastated by the loss of one of their outstanding colleagues.
Everyone that knew him is in their own way trying to come to terms with his totally sudden and unexpected loss. Everyone in their own way is finding a way to honor him, to respect him and to grieve him.
Yet one person, one politician sees this as a selfish opportunity that he can take advantage of. A chance for him to advance his personal political agenda. A chance to benefit from the death of his fellow trustee.
Trustee J.J. de Leon is demanding that the Chairman of Board place an item on the March 21st Board Meeting to name a replacement trustee for Mr. Herrera.
Yes, you heard me correctly. He wants to vote to replace Mr. Herrera. Such a classless and undignified move on his behalf clearly displays his lack of character.
As our mothers would say, " No tienne verquenza." Please join me in letting Mr. De Leon know how you feel about his demand and opportunistic political move.
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