1. valleystar.com
Valley Sunday, June 21, 2015
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By MICHAEL RODRIGUEZ
Staff Writer
WESLACO — The ongoing
saga of the November 2013
election contest continues as
District 5 Commissioner Lupe
Rivera’s motion requesting
additional time to file for en
banc reconsideration was
recently approved by the 13th
Court of Appeals.
En banc reconsideration
asks for the entire court to
rehear briefs in the contest. On
May 14, three of the court’s six
justices upheld State District
Judge Menton Murray Jr.’s June
2014 ruling, which called for a
new election after finding that
30 votes were illegally cast in
the race between Rivera and
challenger Letty Lopez, who
fell short by 16 votes.
Jerad Najvar, the attorney
representing Lopez in the con-
test, had previously called the
filing a delay tactic, and con-
firmed that he’s filed a motion
in an attempt to prevent any
additional delays.
“I’m asking them to rescind
the extension because Rivera
didn’t provide a suffi-
cient explanation
of the need for
why he missed
the deadline,”
Najvar said
in an email.
Specifi-
cally, Najvar
argues that
Rivera’s
request for an
extension
came within 15
days after the
deadline had but did
not “present a sufficient
reason for extension, particu-
larly in the context of an elec-
tion contest which must be
decided expeditiously.”
Najvar’s motion contends
that Rivera was required to
reasonably explain the need
for an extension of time to file
for en banc reconsideration
but only provided a schedule
of dates and times of his
counsel’s, Gilberto
Hinojosa, other
commitments.
Citing Kidd
v. Paxton,
Najvar
argued,
“Merely list-
ing the dates
of other trial
settings, with
no description
of the work
required or even
Rivera’s counsel’s role
at such hearings, if any, is
not sufficient…”
The motion also contends
that “much of the list is irrel-
evant” because it came after
the May 29 deadline to file for
en banc reconsideration, “and
Rivera has offered no facts
purporting to explain why
settings after May 29 had any
effect on his counsel’s ability to
timely file his motion for
reconsideration.”
What’s more, Najvar
expressed frustration on behalf
of his client in the delays asso-
ciated with the case that have
prevented the city from hold-
ing another election.
Rivera was unavailable for
comment as of press time Fri-
day.
Lopez, who’s been vocal
during the proceedings, said
little will deter her from mov-
ing forward and insists that
she’s considering running for
District 5 despite there only
being one year left in Rivera’s
term.
By MICHAEL RODRIGUEZ
Staff Writer
MERCEDES — Commis-
sioners have imposed
regulations on the city’s
open forum as part of a
new code of conduct
that also restricts the
use of cell phones, signs
and banners during
public meetings.
The policy was
approved this past week
in a 4-1 vote of the com-
mission following sev-
eral protests from a
group of concerned
citizens, who for
months have anima-
tedly displayed their
disapproval of city lead-
ers’ decision in March
to temporarily suspend-
ed open forum.
Residents have previ-
ously held demonstra-
tions by holding signs
protesting open forum’s
removal and calling for
its return, and some
have engaged in mutual
shouting matches with
elected officials before
storming out of com-
mission chambers.
Allegations that local
residents previously
levied against public
officials during open
forum are what initially
prompted City Manager
Richard Garcia and City
Attorney Juan R. Molina
to propose the policy.
Garcia feared the city
could be viewed as
“consciously indiffer-
ent” and held legally
liable for what he called
the besmirching of indi-
viduals that bordered on
defamation and slander.
Open forum will now
return and with it a
code of conduct that
implements rules polic-
ing public order within
the city’s meeting rooms
and during commission
and committee meet-
ings.
“We’ll have open
forum at the next meet-
ing and we’ll see how it
goes,” Garcia said.
“Hopefully, everybody
will be fine and will
move on like we should
be doing.”
Place 1 Commission-
er Jose M. Gomez, who
represented the sole
dissenting vote, said the
rules prevent citizens
from wholly expressing
their views.
“More rules mean the
people are enslaved or
are kept from saying
what’s really concerning
them, and I went back
to the past five city
mayors and none of
them had to change the
rules,” Gomez said. “I
voted against it and
wanted to keep it the
way it was. I understand
that some people do get
out of hand, but to that
I keep saying that each
person owns their
words. Some just say
things and obviously
out of frustration, but
it’s still the responsibil-
ity of whoever conducts
the meeting to do so in
a proper manner and
address that person
individually. Don’t pun-
ish the whole popula-
tion, because that’s
what it did. To me, we
don’t need more regula-
tions. We need more
freedom and transpar-
ency to get people to
trust us again.”
Mayor Henry Hino-
josa, however, views the
regulations favorably.
Mercedes
imposes open
forum rules
Lopez challenges Rivera’s request
for extension in election contest
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By TRAVIS M. WHITEHEAD
Staff Writer
H
ARLINGEN — Sweat poured off Isaac
Moreno and Gerald Polanco as they
ran through the morning sunshine,
whistles and applause greeting
them as they
crossed the
finish line.
Isaac, 13, and Ger-
ald, 18, were the first
two runners yesterday
to finish the 5K Run For
Your Life at Fair Park.
They rushed across the
finish line in a dead
heat, with Isaac’s time
at 20 minutes and 42
seconds and Gerald
coming in right behind
him with a time of 20
minutes and 48 seconds.
The run was present-
ed by Lifeline Heart of
Worship and organized by Lone Star Paceset-
ters, said Nancy Rodriguez, race director.
Shasta Piña, Lifeline fitness director, was
pleased that 267
runners were par-
ticipating in the
event.
The run is part of
the church’s mission,
she said.
“Our vision for our
church is health for the
mind, body and soul,” she
said as loud music burst
from a loudspeaker.
“We want to extend our
ministry to the commu-
nity, how important it is to
take care of the body,
which is your temple,”
she said.
Rodriguez was also
happy with the turn-
out.
“We helped Shasta
with the event,” Rodri-
guez said. “It’s really
important because it’s
really good for the community.”
Finishing
Runners gather to take part in
the 5K Run For Your Life
Our vision
for our church
is health for
the mind, body
and soul,
-Shasta Piña
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Jodaisy Morin, 13, of Brownsville,
crosses the finishes line
yesterday morning at the 5K Run
For Your Life at Fair Park. More
than 260 runners participated in
the event presented by Lifeline
Heart of Worship.
TRAVIS WHITEHEAD/VALLEY MORNING STAR