Post by Tim Collins on Nov 7, 2009 6:55:10 GMT -7
Maybe $30K will bring Ms. Castro out of hiding.
www.elpasotimes.com/news/ci_13734614
Court: El Paso should keep former city Rep. Melina Castro $30,000 payment
By Ramon Bracamontes / El Paso Times
Posted: 11/07/2009 12:00:00 AM MST
EL PASO -- The city government is entitled to the $30,000 that former city Rep. Melina Castro paid to settle a lawsuit, an appeals court has decided.
Castro, steadfastly refusing to discuss where the money came from, paid it during her springtime campaign for re-election. She settled the debt only after the city attorney said she could not be sworn in for a second term if she was in debt to the government.
Soon after, she lost the election to Carl L. Robinson.
The city kept Castro's payment in a special account in case she won her lawsuit and the money had to be refunded.
But the 8th Court of Appeals ruled this week that the money paid by Castro will remain with the city because she had no right to file a lawsuit against the city. Castro has 30 days to file another appeal, this one with the Texas Supreme Court.
Neither Castro, 33, nor her lawyer, John Mobbs, could be reached for comment Friday.
Her fight with the government she represented began in 2005. Castro filed a lawsuit against the city and City Attorney Charlie McNabb, alleging she was denied access to documents about the firing of a former assistant city attorney.
An El Paso court ruled against her and ordered her to pay $40,000 in attorney fees to the city. Castro, though, took her case to the 8th Court of Appeals.
The city later lessened the amount she owed to $30,000.
The 8th Court of Appeals ruling stated that the City Council is authorized to inquire about the official conduct of city departments, officers or employees. But individual council members are not so empowered, the court found.
"As an individual City Council member, Castro lacks authority to investigate McNabb's (alleged) mis conduct," the court ruling stated.
City spokeswoman Juli Lozano said city officials could not comment on the ruling because the case is still pending.
Ramon Bracamontes may be reached at rbracamontes@elpasotimes.com; 546-6142.