Rep. Cassandra Hernandez claims that Rep. Brian Kennedy should resign his seat on City Council because he announced he is running for Mayor.
Texas law states that any elected City official who announces a run for another office at least one year and 30 days before the end of his term must resign his seat.
Kennedy told the El Paso Inc in April that he is “seriously considering” running for Mayor.
Hernandez saw this statement as a political opportunity and asked City Attorney Karla Neiman for a legal opinion as to whether Kennedy should resign.
Neiman promptly referred the matter to outside counsel Frank Garza, who appeared at City Council today via video.
The City Council voted 6-0, with Hernandez and Salcido absent, to discuss the matter in open session rather than in Executive Session.
Garza then told City Council that the Attorney General issued an opinion specifically affirming that “seriously considering” does not constitute an announcement of candidacy.
Hernandez also wanted to know whether establishing an exploratory committee or conducting polling trigger the resign-to-run provision, and Garza affirmed they do not.
Because of her, the City was forced to hire Garza for 10 hours at a cost of thousands of dollars to the taxpayers, all because she hoped to eject Kennedy from City Council in order to further her political aims.
Hernandez, who voted to raise our property tax six times and was reprimanded for abusing her City gas card, is a kind of Richard Nixon, using her position of authority to attack her political opponents.
But today she was foiled again, just like Snidely Whiplash in the Rocky & Bullwinkle cartoons!