Ethics commission notifies Gonzalez of ‘clear and convincing’ evidence

The City of El Paso’s Ethics Review Commission investigating city manager Tommy Gonzalez says there is “clear and convincing evidence” Gonzalez “recklessly disregarded the city’s 2015 Budget Resolution” in a letter it sent to his attorney summarizing the evidence it found.

The Commission says it has found “clear and convincing evidence” of more than two dozen actions by Gonzalez and others.

With one exception, the letter sent by special counsel Ross Fischer to Gonzalez’s attorney, Jim Darnell, stops short of saying the evidence it found actually points to policy violations by Gonzalez. Instead, it uses variations of the heading, “Evidence Supported by Clear & Convincing Evidence” in three different areas it investigated.

Those areas are “Financial Advisor,” “Street Resurfacing” and “Stanton Street” allegations.

The “Street Resurfacing” section is where the commission found Gonzalez recklessly disregarded city policy. This area of the investigation looked into how $871,177 in street repaving projects were added to the city’s plan at the request of City Rep. Larry Romero, but without Council’s authorization. City policy states Gonzalez needed Council authorization for additions in excess of $500,000.

The letter also listed mitigating factors it found, including Gonzalez’s outreach to every City Representative to learn resurfacing priorities, cost-saving efforts undertaken during the projects, and the close proximity of the added streets to others already in the city’s plan.

In the “Financial Advisor” section, the commission found Gonzalez took action without formal authorization to terminate a contract with the city’s financial adviser, First Southwest. They found no evidence the attempted contract termination was for cause, or any allegation that First Southwest had breached its contract with the City.

The commission identified no evidence showing that Gonzalez took the action for the purpose of benefiting City Rep. Larry Romero’s former business associate, Noe Hinojosa, whose firm appeared on a fast track to win the bid when the process was halted.

The commission said it found emails pointing to Gonzalez’s preference for a shorter than normal Request for Qualifications window for new bidders, but that the window was ultimately extended to the customary minimum of four weeks. The commission found Gonzalez was within his authority to take the actions he did without seeking the approval of City Council.

The final section of the letter dealt with speed humps installed on Stanton Street in front of Cathedral High School, in violation of the City’s criteria. The Neighborhood Traffic Management Plan (NTMP) does not authorize speed humps on a major arterial like Stanton Street.

The letter says three different city employees either wrote a memo or directly spoke to Gonzalez about the unsuitability of the project, but that Gonzalez, “nevertheless instructed staff to proceed with the installation of speed cushions from the NTMP inventory.”

The letter says Gonzalez, “asserts that he was unaware of the applicable NTMP criteria … claims that he was not involved in the details … (and) denies being made aware of” the concern about the project.

Gonzalez’s attorney, Jim Darnell, has sent the commission a letter detailing 33 different pieces of evidence he intends to submit, most of them emails or video clips from City Council meetings. That letter also states that Gonzalez will respond to all the allegations made in Jim Tolbert’s complaint against him, and that six city employees will testify in support of his narrative of events.

Tolbert is running in the May 7 special election for the City Council seat being vacated by Larry Romero.