UTEP seeks attorney general ruling on ABC-7 Coliseum records request

EL PASO, Texas (KVIA) -- The University of Texas at El Paso (UTEP) is seeking an opinion from the Texas Attorney General’s Office on whether it must release records requested by ABC-7 related to discussions with El Paso County about managing the County Coliseum and Sports Tourism program.
The records request follows a tip ABC-7 received involving concerns over discussions between the county and UTEP regarding Coliseum management and Sports Tourism.
The El Paso Sports Commission has also questioned whether county officials discussed a potential role for UTEP before formally opening the bidding process for Coliseum management services — a sequence the Sports Commission says could have compromised the fairness and transparency of the county’s procurement process.
The Sports Commission currently manages the Coliseum and Sports Tourism program under a contract that began in 2003 and runs through September 2027, according to Tony Rodriguez, director of events for the El Paso Sports Commission.
County Judge Ricardo Samaniego has said the court felt it was appropriate to seek new bids after more than two decades. He also said discussions with UTEP did not amount to any agreement or concessions, and that it is legal for the county to have such conversations with another government entity, such as UTEP, when considering interlocal agreements.
Records request and attorney general review
On April 28, ABC-7 requested communications between El Paso County and UTEP officials, including UTEP’s Executive Director of Special Events, Jorge Vasquez; UTEP President Heather Wilson; County Chief Administrator Betsy Keller; County Executive Director of Operations Melissa Carrillo; all commissioners; and the county judge.
We also requested reports, presentations, and memos related to the management of the Coliseum exchanged by people on that list.
In a May 11 letter to the Texas Attorney General’s Open Records Division, University of Texas System Associate General Counsel Audra Gonzalez said UTEP intends to withhold certain records while seeking a ruling, citing several legal exemptions.
Those exemptions include competitive or bidding information that could advantage a competitor if disclosed; attorney-client privileged communications; and work product materials prepared in anticipation of litigation or trial.
Additionally, UTEP’s Office of the Vice President for Business Affairs said it needs additional time to review and compile any records not exempt from disclosure—meaning it can release them without an Attorney General ruling—and expects to either release the information or provide a cost estimate to ABC-7 by June 3.
At the time the request was filed with UTEP, there was no active bidding process for Coliseum management or Sports Tourism services. The request for proposals (RFP) was not approved by El Paso County Commissioners until May 11—nearly two weeks after ABC-7 requested the records.
When a ruling is sought, the Texas Attorney General generally issues an opinion within 45 business days.
ABC-7 has written to Attorney General Ken Paxton asking him to release the records to the public.
Questions raised about discussions before formal bidding process
At a May 4 Commissioners Court meeting, the El Paso Sports Commission submitted an unsolicited bid to the county following its quarterly presentation.
Janet Vargas, president of the El Paso Sports Commission, said the commission is prepared to invest $12 million of its own funds in the Coliseum. Cory Herman, owner of the El Paso Rhinos hockey team, also spoke in support of the proposal, saying he would personally fund the construction of a new ice rink attached to the events center and, later, a new field house.
Tony Rodriguez also spoke at the meeting. He said the unsolicited bid was prompted by concerns over rumors about the Coliseum’s future management, including reports that the University of Texas at El Paso was expected to take over operations.
“When you hear it from one or two people, that’s one thing. When you hear the same thing from four people, it’s not a coincidence,” Rodriguez said on May 4.
He added that the ongoing rumors created an uneven playing field and made it necessary for the Sports Commission to submit a proposal.
During the same meeting, Judge Samaniego raised concerns with the county’s assistant attorney.
“Anna, the fact that we didn’t know anything about it and it’s out there—um—is that something we can discuss in executive session? Because that sort of throws us off, to say if there’s been a discussion about that, but it’s never come through Commissioners Court,” Samaniego said on May 4.
County Commissioners Iliana Holguin and Sergio Coronado told ABC-7 that Chief Administrator Betsy Keller informed them last year that UTEP was interested in managing the venue. They said the May 4 Commissioners Court meeting was the first time they had heard of any update or “promise” regarding UTEP being awarded the contract.
Fast-forward a week later, the court approved opening a competitive bid process for the Coliseum and the county's Sports Tourism program.
In an interview with ABC-7, County Commissioner David Stout defended the county’s decision to pursue an RFP and said discussions with UTEP were legal and appropriate.
“We have not had any negotiations with any governmental entity, whether it be UTEP or anybody else, to enter into an interlocal with them,” Stout said on May 11. He also criticized suggestions that the county acted improperly, calling the allegations “unfounded accusations.”
Rodriguez said the commission formally submitted its proposal to county officials on May 14 after publicly presenting the unsolicited bid at the May 4 meeting. He said the commission has not received a response from the county.
Released records show months of county-UTEP communications
Previously released records obtained by ABC-7 through an April 20 open records request to the county show months of communications between County Operations Executive Director Melissa Carrillo and UTEP Special Events Executive Director Jorge Vasquez, spanning September 2025 to April 2026, about Coliseum management.
The records included discussions about meetings, lunches, and contract materials related to the venue. In one Sept. 18, 2025 text message, Carrillo proposed a “possible collaboration between UTEP and the County.”
In January 2026, Vasquez requested the current Coliseum contract to complete a report, according to the records. Carrillo later suggested he watch the Sports Commission’s Feb. 9 presentation to Commissioners Court.
Carrillo’s assistant sent Vasquez several contracts, including the Sports Commission’s management and tourism contracts, as well as budget information, records show.
County officials decline follow-up interviews
ABC-7 has repeatedly requested interviews with Chief Administrator Betsy Keller and Executive Director of Operations Melissa Carrillo regarding discussions between Carrillo and Vasquez.
Both declined through County spokesperson Desiree Gonzalez, who requested that questions be submitted in advance so they could better understand what we wanted to know. Gonzalez told ABC-7 by phone last week that all relevant information had already been discussed publicly by commissioners and the county attorney.
On Monday, we renewed our request to interview Keller and Carrillo.
In an email response to ABC-7 Monday afternoon, Gonzalez said “they will not participate in an interview,” but she provided a written statement from Keller on behalf of the county.
Keller said, in part, “Thank you for the invitation to be interviewed. Now that the RFP has been published, we will only provide a written comment. We do appreciate the opportunity to provide facts, which we hope will include a more complete story.”
Keller said the county is “committed to conducting a fair, transparent, and competitive process regarding the future management of the El Paso County Coliseum.”
She noted the current management agreement has not been competitively bid in more than 23 years, adding that Commissioners Court directed staff to explore options, including a Request for Proposals (RFP).
As part of early due diligence, Keller said staff held preliminary discussions with the University of Texas at El Paso (UTEP), but emphasized that “at no time did the County negotiate or enter into an interlocal agreement with UTEP regarding management of the Coliseum,” and that “no decisions have been made and no preferential treatment has been provided to any entity.”
She rejected allegations of wrongdoing, saying that “exploring options and gathering information prior to initiating a formal procurement process is both responsible and appropriate public administration,” and said the county will proceed with a “lawful, fair, and competitive process” focused on taxpayer value.
Keller said the Sports Commission’s contracts end this year, a claim Assistant County Attorney Erica Rosales Nigaglioni also made during the May 11 public meeting.
However, county records show commissioners approved the extensions on July 8, 2024. The documents state the agreements were extended through Sept. 30, 2027, with an effective date of July 8, 2024.
ABC-7 has asked the county about the discrepancy.
Commissioner Iliana Holguin told ABC-7 there was ‘an error in prior county correspondence’ and confirmed the contract ends in September 2027.
ABC-7 also reached out to UTEP Monday, renewing its request for an interview. We have not heard back, however, UTEP Assistant Director of Media Relations Victor Arreola declined ABC-7’s request for an interview with Vasquez last week, instead referring to a university statement. He said, in part: “We are currently unaware of any published Request for Proposal (RFP) from the County regarding the El Paso County Coliseum. If an RFP is published that aligns with UTEP’s mission, we will evaluate whether submitting a proposal makes sense for UTEP and make a decision at that time.”
Questions grow over UTEP Coliseum bid role
Brian Kennedy, an El Paso attorney who formerly directed the El Paso Sports Commission, questioned the interaction between the county and UTEP.
"You have that person who wrote the bid, will help analyze the bids, the recommendation of the bids, the negotiation of the contract, and the oversight of the contract, and all I'm going to say is anybody catching that? 'Houston, we have a problem.' People that scream transparency have become not exactly a beacon of transparency and my question was, what's going on here?," Kennedy told the county commissioners during their May 11 meeting during public comment.
Kennedy told ABC-7 that a company he founded after he left the Sports Commission would submit a bid to manage the Coliseum.
Commissioner Stout rebuffed allegations of wrongdoing.
"It saddens me, it's disappointing to me that after so many years of having had a strong partnership with the commission, that they would come with these unfounded accusations, trying to insinuate that we're doing something that is illegal," said Stout. "We have not done anything that's illegal, and it's important, I think, for us to point out that it's inaccurate."
