Will city officials oust mayor?

If a Cameron County grand jury were to indict Mayor Pat M. Ahumada Jr., City Commissioner Charlie Atkinson said Tuesday he would want Ahumada out of office.

Atkinson referred to the investigation of a $26,139 check that the city issued to a New York vendor in October, but was deposited in the mayor's bank account.

"I would push for his removal to protect the integrity of the position of mayor," said Atkinson, who is mayor pro-tem.

The Brownsville Police Department last week turned over its investigation into the check's trek to District Attorney Armando Villalobos, whose office would decide whether or not to present the case to a grand jury.

Villalobos declined to comment. A grand jury is slated to meet today.

Ahumada's attorney, John Blaylock, said he was surprised that Atkinson talked about the removal of Ahumada from office.

Blaylock also pointed out that Atkinson once had a run-in with law enforcement officers.

"Given Atkinson's own arrest, it's ironic that he doesn't apply the presumption of innocence to my client," said Blaylock.

Atkinson, however, said traffic-related run-ins of "reckless driving or some stupidity" do not compare with possible abuse of authority and other serious allegations that the mayor could face.

For his part, the mayor said he can't help what Atkinson wants or doesn't want.

"Commissioner Atkinson can want the moon, but I am going through the process. I have done nothing wrong and I will be exonerated," Ahumada said.

Atkinson said that although he agrees that an accused is innocent until proven guilty, a mayor under indictment could taint and jeopardize action that the commission takes.

Atkinson said he doesn't know yet how Ahumada would be removed from office.

"They're researching it for me," Atkinson said, refusing to say who is researching the question. "They are people who are safeguarding the city's interest."

The city charter allows for elections to recall or remove any member of the city commission. At least 25 percent of the city's qualified voters would have to petition for an election to remove a member or members of the commission.

The charter also addresses "investigations by commission" in a provision, which allows the commission to investigate the financial transactions of any office or department of the city and the acts and conduct of any official or employees. The commission can also issue subpoenas. The charter does not provide guidance on what to do with the findings of an investigation.

The city used to have a code of ethics calling for an ethics advisory commission to review complaints and make recommendations to the City Commission on sanctions, reprimands or removal. However, the code expired July 1, 2005 when the commission at the time failed to re-enact the code, City Secretary Estela Von Hatten verified Tuesday.

Atkinson, an officer with U.S. Customs and Border Protection, stood by his stance to have Ahumada removed, noting that when someone accuses a CBP officer "we have to get our guns removed. We're put in a cubbyhole for three or four months and you wait and you wait and you wait (outside the public eye). I don't see how we (the city commission) should be treated differently. We're all public servants."

Atkinson said that he thinks fellow commissioners would join him in seeking Ahumada's removal.

"I talked to a few, not a lot. They are mostly in agreement that something would need to be done," Atkinson said.

The Texas Open Meetings Act prohibits officials from deliberating city business outside a commission meeting.

"I said one or two commissioners. It doesn't have anything to do with the city agenda. It was coffee talk," Atkinson said. "It's not like I'm getting these commissioners to help me vote on something."