Residents in Edinburg will vote on an amendment to the city charter in the November 2021 election allowing for the automatic removal of elected officials from office should they be charged with a felony.
The amendment passed 3 to 2 by the city council was part of a general meeting on October 20. Currently, the city charter states that a mayor or council member may be removed from office if they are found guilty of a felony.
In a recorded video of the meeting, Edinburg attorney Javier Peña during public comment said he believed that the charter amendment would eliminate due process and open up the city to lawsuits as he states the Supreme Court has previously struck down similar ordinances.
UTRGV political science lecturer William Gordon said in his search of cases that Peña raises, he was unable to find any.
“Javier Peña said that the Supreme Court of the United States had struck down similar attempts but he gave no references,” Gordon said. “I think the reason why he gave no references is because there weren’t any to give.”
He also mentions a section in the meeting when Councilmember David White states that councilmembers should be held to the same, if not higher, standards of city employees, specifically mentioning fire and police department employees who are suspended without pay after arrest.
“He believed that the elected council members and Mayor should be held to the same standard and I agree,” Gordon said.
Peña states that the amendment is likely targeting Mayor Richard Molina who is currently awaiting trial for a voter fraud scheme in the November 2017 election.
Gordon said he believes the amendment could be politically motivated.
“It’s both politically motivated but also giving the voters the chance to have say about who should be governing them, you know, should they be governed by someone who’s indicted,” he said.
Gordon also said the amendment could make Molina question a reelection run should there be no trial decision before November giving leverage to Mayor Pro Tem Gilbert Enriquez.
“Mr. Enriquez is going to, I think, be in a better position if Mayor Molina decides not to run for reelection,” he said. “So I think it helps him, its to his political advantage if mayor molina does and having this amendment proposed and on the ballot for November”
To read the full amendment, visit cityofedinburg.com.
For Vaquero News, I’m Justin Elizalde.
