San Benito to discuss ethics complaint
Mayor Hernandez to excuse himself from meeting
SAN BENITO — City commissioners today will meet with City Attorney Rick Morado to seek legal advice about an ethics complaint against the mayor, but the mayor will not participate in the executive session.
Mayor Joe Hernandez, who has been accused of violating conflict of interest laws, said Monday that Morado advised him not to participate in the discussions.
“When it comes to the item, I’m going to excuse myself,” Hernandez said.
Morado did not return telephone calls requesting comment.
City Secretary Lupita Passement said Hernandez will not be required to file an affidavit stating that a conflict of interest prevents from participating in the meeting.
Hernandez said Morado told him he would likely need to hire an attorney to represent him in his legal battle.
“He said that since the allegations were against me and not the city I’ll probably have to get a lawyer,” Hernandez said in an earlier interview. “I just hope I get my due process.”
Last month, Alfonso Benavides, a resident who is the client of former City Attorney Jan Cassidy, filed an ethics complaint against Hernandez, accusing him of participating in a discussion during a July 2011 special meeting after he signed an affidavit stating a conflict of interest barred him from the discussion.
Benavides accused Hernandez of pushing for a proposed ordinance to allow mobile food vendors to operate in town while he profited through rental fees from a snow cone stand for which officials said had mistakenly been issued a permit.
If convicted of the Class A misdemeanor, Hernandez would forfeit his office, Cassidy said.
Hernandez accused Cassidy of filing the complaint, claiming she retaliated against him for his support of Morado, who replaced her as city attorney last May.
Cassidy denied the accusation.
Hernandez, who won election to a three-year term last May, said he is not considering resigning from office.
“It’s something I owe to the people who elected me,” Hernandez said about remaining in office while he fights the allegations.
956-430-6278
