There is a legal question of whether El Paso city Rep. Melina Castro can take office because of a judgment against her stemming from an unsuccessful attempt to sue the city and City Attorney Charlie McNabb in a dispute that began in 2005.
Castro lost the suit, in which she sought access to executive session items for a lawyer of her choosing. Castro wanted to bring a third-party lawyer in to review the settlement between the city and former City Attorney Rita Rodriguez, who sued the city for age discrimination and received a $500,000 settlement in 2005.
In December 2006, she was ordered to pay $30,000, plus some other court costs, and also ordered to pay up to another $27,500 in the event of an appeal. She is appealing the decision.
To defer execution of the judgment, she posted what is called a "supersedeas bond," which prevents the city from collecting the money.
So it's clear the city cannot go after her -- say, docking her pay -- to recover the judgment. But there is a legal question as to whether it affects her ability to take office.
The City Charter, section 2.2 (B), states:
B. Indebtedness: Financial Disclosure.
1. No person shall be eligible for any elective office who, at the time of taking office, whether by virtue of election or appointment, is indebted to the City in any sum of money on judgment, contract or valid tax levy or assessment.
Chris Borunda, a lawyer who is representing the city, said "the judgment is still the judgment -- that (City Charter) is an issue that would have to be resolved."
Luther Jones, who has served as one of Castro's lawyers in the case -- her lead lawyer is John Mobbs, and Doris Sipes also has signed motions on her behalf -- said he thinks the appeal suspends the judgment as applied to the City Charter provision.
"Ms. Castro is not presently indebted to the City of El Paso in any amount," he said. "The Judgment for Attorney fees is on appeal and therefore not enforceable at the present time, thus Ms. Castro is not presently indebted to the City and therefore the Charter provision you have cited is not applicable to this present set of circumstances."
Borunda said a party with standing -- such as an opposing candidate or one of her constituents -- would have to pursue the issue.
As for Castro's appeal, Borunda said the parties still are waiting for an appeal court to set a date for oral arguments.
Background:
-- The lawsuit had its origins in 2005, when Castro demanded to see documents related to the Rodriguez settlement. [castro threatens to sue mcnabb, nov. 28, 2005]
-- The court action went back and forth, with the December 2006 judgment followed by a March notice of appeal. [castro goes another round with mcnabb, july 5, 2007]
