As we reported on Monday, today an intent to recall Joe Molinar was filed at 8:12am. The intent to recall Molinar was filed by the Women’s Voice for Political Reform, a political action committee recently formed. In addition to the intent to recall Molinar, two additional ethics complaints were filed.
This morning we published the response filed by Cassandra Hernandez to the ethics complaint filed by George Zavala. The hearing date for Hernandez’ ethics complaint is scheduled for July 19. Also, this morning two additional ethics complaints were filed. One is against Alexsandra Annello and the second is against Brian Kennedy.
Both ethics complaints were filed by Deborah Paz. Paz is the treasurer of the Women’s Voice for Political Reform, the group that filed the Molinar intent to recall.
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The Alexsandra Annello Ethics Complaint
The ethics complaint filed against Alexsandra Annello this morning alleges that Annello “used her fuel card, 16 times since 2020 while in active city council meeting[s].”
The city council has been embroiled in controversy over the use of taxpayer-funded gasoline cards used by current and former city representatives. The controversy began after the City’s Internal Auditor, Edmundo Calderon, reported to the City’s Financial Oversight & Audit Committee (FOAC) on the use of gasoline cards by the city representatives.
At least one police investigation was opened. It found that no criminal violation had occurred. However, city officials have suggested that an open investigation remains open but have refused to name the law enforcement agency that is investigating.
The ethics complaint filed against Annello alleges that she “has allowed someone else to use her fuel card.” It lists 15 times Annello’s city-issued gasoline card was used while a city council meeting was in session.
The Brian Kennedy Ethics Complaint
A second ethics complaint was also filed this morning. It is against Brian Kennedy. This complaint alleges that Kennedy “has acted in a manner inconsistent with the City of El Paso Ethics Ordinance and professional standards.” It lists six complaints against Kennedy.
The first complaint alleges that Kennedy violated the ethics ordinance by “participating in an active police investigation.” The complaint suggests that the surveillance video published by KVIA allegedly showing Cassandra Hernandez’ husband using her gasoline card to fuel a vehicle was leaked by Kennedy to KVIA.
El Paso News along with other news media outlets filed open records requests asking for a copy of the video. City officials have refused to release the video to us citing an ongoing investigation. The complaint adds that Kennedy’s participation in the meeting between the police and the internal auditor may have created “a significant risk of compromising the independence and impartiality necessary for an effective audit process.”
The complaint also alleges that Kennedy violated the ethics ordinance by Kennedy “instructing him [city auditor, Edmundo Calderon] to ‘get to work’ on advancing a police investigation into City Rep. Claudia Rodriguez and City Rep. Cassandra Hernandez.” The complaint explains that the “directive” given by Kennedy to Caldron “exceeds the authority and responsibilities assigned to” Kennedy. According to the complaint, Kennedy “has violated the ethics ordinance by recklessly disregarding the established practices and policies of the City.”
Because the audit did not adhere to the Generally Accepted Government Auditing Standards and because Kennedy’s “involvement with this inconsistent procedure as FOAC Chair and not holding the auditor to mandatory guidance,” is also a violation of the ethics ordinance, according to the complaint. The complaint also alleges that Kennedy again violated the city’s ethics complaint by allowing the city auditor to assume “dishonesty” by those he is auditing during the audit, because Kennedy did not hold the auditor to the standards required by the City.
The complaint further alleges that Kennedy may have been involved in the release of the auditor’s “confidential” information to KVIA and “local activists who do not work for the City of El Paso.”
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The ethics complaint also alleges that Kennedy benefited by his “efforts to force charter revisions that remove the internal auditor’s reporting structure and grant appointment power to the City Council indicate a financial interest in the passage of Proposition J.
Proposition J, adopted by the voters in the last election has moved the city’s Auditor under the control of the city council, away from the control of the city manager.
According to the complaint, the move of the city auditor’s office under the city council “creates a conflict of interest for the internal auditor, as his professional career advancement is tied to gaining favor with” Kennedy.
The complaint closes with the allegation that Kennedy violated the city’s ethics ordinance “which prohibits the utilization of City resources for personal benefit” by participating in the police investigation. The complaint alleges that Kennedy’s participation in the police investigation “goes beyond the scope of” Kennedy’s official duties.” The complaint also alleges that Kennedy “directed the internal auditor the utilization of city resources without a majority vote or public discussion.” “By bypassing these procedures, the internal auditor has disregarded the proper use of City resources and potentially favored City Rep. Kennedy’s personal agenda.”
According to the filed ethics complaint, Kennedy is “attempting to undermine the credibility and public image of political rivals.”
Both complaints now go to the city attorney’s office who will determine whether each complaint meets the requirements for an ethics complaint. The city attorney’s office will likely have outside counsel make the determination. Should the ethics complaints be found to be complying, they will be forwarded to the city’s Ethics Commission to schedule a hearing date. Annello and Kennedy will have 14 days to respond to the complaints in writing.
This is a developing story, and we will report once more details become available.
For a Walgreens Service Clerk for the past 13 years, Deborah Paz’s filed Ethics Complaint against Rep. Brian Kennedy reads like a well-polished legal document. She’s either a brilliant scholar or a duplicitous agitator. I am curious about who is funding her efforts. Will she be running for the District 2 seat?