San Benito mayor ethics complaint deepens

SAN BENITO — A resident has filed an ethics complaint’s criminal allegations against Mayor Joe Hernandez with the Cameron County District Attorney’s Office, according to the office of former City Attorney Jan Cassidy, his lawyer.
Alfonso Benavides filed his original complaint last month and followed San Benito city commissioners’ recommendation that he file the complaint’s criminal allegations with the district attorney’s office.
Commissioners recommended the district attorney’s office investigate the complaint’s criminal allegations while City Attorney Rick Morado probes the alleged violations of the City Charter and City Manager Manuel Lara reviews alleged violations of city ordinances.
In an amended complaint, Benavides accused Hernandez of abuse of office, charging that he allowed a snow cone stand to operate on his property despite a city ordinance that prohibited mobile vendors from operating in town.
The complaint accuses Hernandez of charging rent under an agreement in which he allowed the raspa stand to use his water and electricity in exchange for money.
According to the complaint, Hernandez “violated the public trust and misused services and personnel for his own pecuniary benefit by allowing city personnel to overlook his violations, not fulfill their job responsibilities of enforcing ordinances ….”
The complaint also accuses Hernandez of tampering with evidence when the raspa stand was removed Feb. 21.
Hernandez, who has said Noe Leal offered to remove his raspa stand a day after Benavides filed the complaint, has denied all accusations.
Assistant City Manager Chuck Jalomo has said the city mistakenly gave Leal a permit to operate the raspa stand.
In his ethics complaint, Benavides accused Hernandez of violating conflict of interest laws by participating in a discussion during a July 2011 special meeting after the mayor signed an affidavit stating a conflict of interest barred him from discussion.
Benavides accused Hernandez of pushing for a proposed ordinance that would have allowed mobile food vendors to operate in town while he profited through rental fees from the snow cone stand.
In turn, Hernandez has accused Cassidy of filing the complaint as retaliation for his support of Morado, who replaced her as city attorney last May.
Cassidy denied the accusation.
fernandodv@valleystar.com
956-430-6278