Legal maneuvers save city manager's job

PHARR — City Manager Fred Sandoval had a state district court issue temporary restraining orders Tuesday to the majority of the City Commission to prevent them from voting to fire him.

The commissioners were attempting to remove Sandoval from his position for the second time in less than a month.

In November, they did not have the votes to give Sandoval the boot. Tuesday night they were unable to even vote on the item — despite its presence on the agenda — due to the restraining orders.

The orders were sent to Commissioners Raul Martinez, Raul Gonzalez and Ricardo Medina, who voted last month to fire Sandoval, and Francis Quintanilla, who did not vote to fire Sandoval last month. It was unclear how Quintanilla would have voted Tuesday night, but an affidavit Sandoval filed with the 206th state District Court states that she and the other three commissioners have threatened to terminate him.

The restraining order prevents the four commissioners from terminating, suspending or taking any employment action against Sandoval until Jan. 1. The day before the restraining orders expire, Dec. 31, Sandoval is to appear at a court hearing where he plans to seek an injunction to keep the commissioners from voting on the issue.

Ruben Peña, Sandoval’s attorney, said it’s unclear for how long an injunction would last. He said he hopes the city can reach an amicable agreement with Sandoval and honor his employment contract.

That contact states that Sandoval can be fired for “good cause.” But Peña argues in the lawsuit that the city has not shown justification for the termination attempts on his client.

The suit goes on to say that Sandoval received no charges, notices or complaints about his job performance so he could prepare for Tuesday night’s meeting. Peña also argues that an employee cannot be terminated without certain procedural steps, including having a chance to respond to the charges.

Following Tuesday’s meeting, Sandoval declined to speak on the record about the legal maneuver. Martinez, who placed the item regarding Sandoval’s employment on the agenda, also declined to discuss the matter.

Earlier this week, Medina said he didn’t think Sandoval has the qualifications for the job and expressed concerns about the financial soundness of the city under Sandoval’s leadership. Prior to Tuesday’s meeting, Sandoval said the commissioners’ criticism has been vague and is only a political tactic.

“You hire a professional to run the administration, and the commissioners are basically policy makers,” Peña said. “Unfortunately, often times, either commissioners or school board members don’t understand their role.”

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Ryan Holeywell covers PSJA and general assignments for The Monitor. He can be reached at (956) 683-4446.