Charter review committee features legal representation

Strong representation from the legal community is emerging as the City Commission moves to appoint a new City Charter review committee tasked to review Brownsville's governing document and recommend changes for the commission's nod.

Voters will have the final say so.

The committee will consist of 14 members. The mayor and commissioners each are appointing two members.

Already, at least three of eight appointees are attorneys. They are Henri Nicolas, Mark Sossi and Eddie Sikes.

Sossi is a city-contracted attorney. He has represented the city for numerous years and is representing the city in the 2007 lawsuit that resident Moses Sorola filed against the city and officials attempting to stop the insurance, medical and other benefits that some former and present officials receive, but that the City Charter does not provide for.

Sossi also represented Commissioner Carlos Cisneros' wife in the 2005 defamation lawsuit against his former challenger and Brownsville Public Utilities Board member Robert Sanchez, who settled for $150,000.

Sossi also represents the city before the Texas Attorney General's Office in the January public information request that Sorola made requesting payments relating to Commissioner Cisneros' travel. Sossi requested an AG open records ruling, contending that Sorola's request was similar to issues raised in the benefits litigation and that he was trying to bypass the discovery process.

Former assistant city manager Carlos Ayala also is back.

Another appointee, Richard Atkinson is Commissioner Charlie Atkinson's brother.

Richard Atkinson, the former principal at Mercedes High School was fired at a special board meeting March 22, an MISD staff member verified Friday. Herald archives reflect that this was in connection with the alleged treatment of students.

Commissioner Atkinson said Friday that he doesn't believe appointing his brother represents a conflict or concern.

"He's a fair guy," the commissioner said of his brother. "They are just boards. They just recommend. It's not a board where they issue thousands of dollars here and there. They are an advisory board."

Commissioner Atkinson also said his brother lives in Brownsville and did not know if he had been fired or not.

Commissioner Atkinson said he is not sure if having a contract attorney on board represents a concern.

"I'd rather not comment," he said.

"It's a tough question you ask. I have to think about this one," Mayor Pat M. Ahumada Jr. said.

He doesn't think that the appointment of Commissioner Atkinson's brother is a concern.

"They don't have authority other than make recommendations," the mayor said. "I don't see it as a problem."

But there could be one too many attorneys on the committee, which the mayor said should represent a cross-section of the community.

"I'm not knocking them down, but it's not a legalistic process," Ahumada said.

Commissioner Anthony Troiani, who appointed two attorneys, said Saturday that he believes commissioners as a whole appointed qualified people.

"This committee is essentially reviewing the framework for our city operations. I believe having a solid legal basis for our city government is important," Troiani, who is an attorney, said.

"I asked attorneys who specifically have governmental law experience to serve," Troiani added.

Troiani noted that Sossi's status as a contract attorney for the city was disclosed in his application.

"Whether a client is a corporation or a governmental entity, it is important for an attorney to know that his client's formal charter is sound. Mark understands that this is pro bono and is willing to donate his time," Troiani said.

"Besides, if you look at this as a mini legislative review, there were many attorneys and other professionals in the Continental Congress," he added.

Troiani said that any legal issues on the benefit packages that some officials receive will be addressed by the state district court.

"I personally have never accepted benefits from the city. Any changes, if any, to the charter, will have to go to the voters," he said.

Sossi said Saturday that representing the city and past representation of Cisneros' wife do not pose concerns with his service on the charter review committee. "I don't see it as a conflict," Sossi told The Herald.

"Carlos has not talked to me at all," Sossi said in responding that his legal association with the city and past legal representation of Cisneros' wife would not influence his service on the charter review committee. "They are two totally unrelated issues," he said.

Sossi added that if he had thought there would be any conflict, "I wouldn't have accepted the appointment."

City Commission appointments to date to the charter review committee:

Commissioner Leo Garza: Francisco Rendon and Carlos Ayala

Commissioner Charlie Atkinson: Dr. David Morales and Richard Atkinson

Commissioner Anthony Troiani: Henri Nicolas and Mark Sossi

Commissioner Carlos Cisneros: Eddie Sikes and David Fisher

Mayor Pat M. Ahumada Jr. and commissioners Ricardo Longoria and Edward Camarillo have not made their appointments yet.