DA aims to oust mayor

Cameron County District Attorney Armando R. Villalobos seeks to remove Brownsville Mayor Pat M. Ahumada Jr. from office, according to a written statement given to The Brownsville Herald.

Villalobos began looking into the possibility of removing Ahumada after the mayor was arrested earlier this month on a charge of driving while intoxicated, the statement said.

"We have received the file from the Brownsville Police Department," Villalobos said Wednesday in the statement.

The DA said, since the mayor’s arrest, his office has been looking into removal procedures.

"We additionally intend to look into the removal statutes," the DA said. "We are making inquiries into the procedures that (the city of) Brownsville has adopted for removal."

Ahumada had little to say after being informed of Villalobos’ intentions.

"Mr. Villalobos is the DA and is at liberty to speak anyway he wants," said the mayor. "I am the defendant. As the defendant, I defer all comment to my attorney."

Ahumada’s attorney Star Jones declined to comment.

The mayor was arrested on May 11, less than two months after a state jury found him not guilty of felony theft, abuse of official capacity, and misapplication of fiduciary property.

Since 1987, he has had two other DWI charges. One resulted in conviction and the other was dismissed. Conviction on a second DWI offense raises the offense from a Class B misdemeanor to a Class A misdemeanor, according to the Texas Penal Code.

Despite the mayor’s recent arrest, Villalobos may not be able to remove Ahumada from public office.

Brownsville is a home-rule city governed by a charter, which specifically provides for recall elections to remove any member of the commission. Voters approved the charter on Dec. 13, 1915.

Several opinions from the Texas Attorney General’s Office through the years reflect that removal provisions for officers in a home-rule city is governed by the city’s charter.

Villalobos said that if no procedures for removal are set forth in the city, "then we will proceed with the basic removal procedures set forth by the State of Texas that proscribe removal from office for public intoxication."

The Texas Local Government Code does provide for civil proceedings in state district court for the removal of city officers for incompetence, official misconduct or intoxication. However, the law only applies to officers in general-law cities, not home-rule cities.

The Texas Local Government Code also provides for the removal of other officers, but this applies to county officers, including a district attorney.