Starr County - District County Court at Law

Filed: 10/17/2016 3:56:46 PM

Eloy R. Garcia, District Clerk
Starr County, Texas
Dulce Morin

CAUSE NO.

CC-16-336

______________________

JORGE BAZAN, A CONCERNED

CITIZEN

VS.

RIO GRANDE CITY CONSOLIDATED

INDEPENDENT SCHOOL DISTRICT,

ALFREDO GARCIA, SUPERINTENDENT,

DANIEL GARCIA, JUDITH SOLIS,

NORBERTO CANTU, RUBEN KLEIN,

EDUARDO RAMIREZ, NOE R. GONZALEZ

IN THE COUNTY COURT

AT LAW

AND BENITO SAENZ, ELECTED OFFICIALS

IN THEIR OFFICIAL CAPACITIES AND

INDIVIDUAL CAPACITIES

STARR COUNTY, TEXAS

PLAINTIFF'S ORIGINAL PETITION FOR TEMPROARY RESTRAINING ORDER

AND INJUNCTIVE RELIEF

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES, JORGE BAZAN, a concerned citizen, requesting a temporary restraining
order, and a temporary and permanent injunction to prevent continuous violations of the Texas
Election Code by the Rio Grande City Consolidated Independent School District, its
superintendent, Alfredo Garcia, and It's Elected Officials, in their Official and Individual
Capacities, by allowing two early voting locations not in common with the Starr County
location(s) and not approved by Starr County for early voting sites in violating the Texas
Election Code.
DISCOVERY CONTROL PLAN LEVEL
1.

Plaintiff intends that discovery be conducted under Discovery Level 2.

1

PARTIES AND SERVICE

2.
Plaintiff, Jorge Bazan, is a registered voter in Starr County, Texas and may be
contacted through his attorney, Jacqueline Salinas, 5344 E. Highway 83, Building B, Ste. 5, Rio
Grande City, Texas 78582.
3.
Defendant, Rio Grande City Consolidated
Independent School District
("RGCCISD") is a Texas school district and may be served with process by serving its
superintendent, Alfredo Garcia, at Fort Ringgold Street, Rio Grande City, Texas 78582.
4.
Defendant, Alfredo Garcia, is superintendent of RGCCISD and may be served
with process at his business office at Fort Ringgold Street, Rio Grande City, Texas 78582.
5.
Defendant, Daniel J. Garcia, is school board president and may be served with
process at his business office at Fort Ringgold Street, Rio Grande City, Texas 78582.
6.
Defendant, Judith Solis, is school board member and may be served with process
at his business office at Fort Ringgold Street, Rio Grande City, Texas 78582.
7.
Defendant, Norberto Cantu, is school board member and may be served with
process at his business office at Fort Ringgold Street, Rio Grande City, Texas 78582.
8.
Defendant, Ruben Klein, is school board member and may be served with process
at his business office at Fort Ringgold Street, Rio Grande City, Texas 78582.
9.
Defendant, Eduardo Ramirez, is school board member and may be served with
process at his business office at Fort Ringgold Street, Rio Grande City, Texas 78582.
10.
Defendant, Noe R. Gonzalez, is school board member and may be served with
process at his business office at Fort Ringgold Street, Rio Grande City, Texas 78582.
11.
Defendant, Benito Saenz, is school board member and may be served with
process at his business office at Fort Ringgold Street, Rio Grande City, Texas 78582.
JURISDICTION AND VENUE
12.

This Court has subject matter jurisdiction pursuant to TEX. G OV'T CODE Section

25.0003, TEX. CIV. PRAC. & REM. CODE Section 65.023, and TEX. GOV'T CODE Section 25.0004.
13.

This court has personal jurisdiction herein because Defendants reside in Texas.

14.

Venue in Starr County is proper in this cause.

FACTS
15.

RGCCISD is presently holding an election for school board members. Early

voting is beginning on October 24, 2016, and the general election will be held on November 8,
2016.
16.

On August 9, 2016, the Rio Grande City C.I.S.D. school board held a regular

board meeting and approved their Order calling for election on November 8, 2016. In the Order,
the Rio Grande City C.I.S.D. states that additional early voting will be held at "La Victoria
Community Center and El Cenizo Park Building."

Subsequently, the Starr County

Commissioners' Court held their County Commission meetings and approved the early voting
site at the Starr County Courthouse only. The Starr County Commissioners' Court by majority
vote only ordered early voting location at the Starr County Courthouse, additionally stating that
Starr County properties, La Victoria Community Center and El Cenizo Park Building, are not to
be opened or used for early voting sites.
17.

Presently, the Rio Grande City C.I.S.D Board insists that early voting County

locations be La Victoria Community Center and El Ce nizo Park Building, even though those
locations are not in common with Starr County and have not been approved by Starr County as
early voting sites. The only common site location approved by Starr County for early voting is
the Starr County Courthouse.
18.

Thus, the Rio Grande City C.I.S.D. and school board are in violation of Texas

joint election requirement. In order to comply with the joint election requirement, the school
district must have joint (common) polling places. See TEXAS ELECTION CODE Section 271.003
requiring "that a regular county polling place may be used for a common polling place in a joint
election." More specifically, the voters of a particular election precinct or political subdivisio n
3

may be served in a joint election by a common polling place located outside the boundary of the
election precinct or political subdivision if the location can adequately and conveniently serve
the affected voters and will facilitate the orderly conduct o f the election. In the case, Defendants
refuse to abide by the Texas Election statutory requirements and continue to choose County
location sites which are not in common and not approved by Starr County.
19.

Defendants continue to knowingly violate Texas Election Code Section(s)

271.002 and 271.003 and hold "early voting" election sites in El Cenizo Park Building and La
Victoria Community Center, places which are not in common and are not approved by the Starr
County Commissioner's Court. Defendants will hold early voting sites at El Cenizo Park
Building and La Victoria Community Center to self serve their own political interests in
violation of Texas Election Code 271.003 and 271.002, before a temporary injunction hearing
can be held and before full trial on the merits, and immediate and irreparable damage will occur
to the Court's ability to grant effective final relief for concerned citizens. Section 273.081 of the
election code provides that: "A person who is being harmed or is in danger of being harmed by a
violation of this code is entitled to appropriate injunctive relief to prevent the violation from
continuing or occurring." TEX. ELEC. CODE ANN. Section 271.081.
20.

Therefore, Plaintiff brings this suit and alleges statutory violations ongoing by

Defendants as a concerned citizen. Though Plaintiff has alleged irreparable harm, injury, a
showing of the usual common law injunctive relief elements, such as imminent harm or
irreparable injury and lack of an adequate remedy at law, is not required because the basis of the
injunction is statutory. Marauder Corp. v. Beall, 301 S.W.3d 817, 820 (Tex. App. ---Dallas
2009, no pet. h.) (injunctive relief under Texas Debt Collection Act did not require proof of
irreparable injury).

DAMAGES
21.

As a direct and proximate result of Defendants' wrongful actions, intentional acts

as alleged in this petition, Plaintiff as a concerned citizen requests damages of $50,000.00 for
Defendants knowingly continuing to violate Texas Election law.
ATTORNEYS FEES
22.

Plaintiff has incurred reasonable and necessary attorney's fees due to the urgency

to file this Petition and Temporary Restraining Order and Injunction for the wrongful actions of
Defendants' and Plaintiff requests attorney's fees in remedying such cause as a concerned citizen.
TEMPORARY RESTRAINING ORDER
23.

The adequate, effective and complete relief to Plaintiff is to restrain Defendants

from further engaging in illegal activities. Pursuant to TEX. R. CIV. P. Section 680 et seq. and
TEX. CIV. PRAC. & REM. CODE Section 65.001 et seq., and in order to preserve the status quo
during the pendency of this action, Plaintiff seeks a temporary restraining order, and on hearing,
a temporary and permanent injunction, ordering and immediately restraining Defendants,
including and not limited to the School District's officers, agents, servants, employees, attorneys,
individual County Commissioner, and any other persons acting as agent or in active concert or
participation with them, shall be restrained from engaging in the following acts or practices:
a.

Taking any action that is inconsistent with Texas Election Code Section

271.003(b) and 271.002;

b.

Taking any further action to hold early voting sites at La Victoria Community

Center and El Cenizo Park Building and/or any other Starr County property location, with the
exception of the Starr County Courthouse which is the only location in common under this joint
election;

c.

Taking any action preventing early voting to be held and conducted at the site in

common with the County, the Starr County Courthouse;

d.

Taking any further action whether by a duly called meeting (regular, special or

emergency) of the District to hold the early voting elections at La Victoria Community Center
and El Cenizo or any other Starr County property location with the exception of the Starr County
Courthouse location;
e.

Preventing the Defendants from taking any other action or inaction interfering

with early voting site location of the Starr County Courthouse, preventing Defendants from
circumventing the joint election and choosing other self serving Starr Count y properties not in
common with the County or approved by the County, and in further safekeeping impounding all
early voting equipment and ballots to be kept at a neutral location - the Starr County Sherriff's
Department.
PRAYER
WHEREFORE, Plaintiff respectfully prays for the following relief:
1.

A temporary restraining order, and upon hearing, a preliminary injunction for the relief

requested above;
2.

The Plaintiff's reasonable and necessary attorney's fees in prosecuting its claims through

trial and, if necessary, through appeal:

3.

All damages and costs of suit; and

4.

Such other relief, at law or in equity, to which the Plaintiff may show itself justly entitled.

Respectfully s ubmitted,
THE SALINAS LAW FIRM, P.L.L.C.
/s/ Jacqueline R. Salinas

By:_______________________________________
JACQUELINE SALINAS
Texas Bar No. 24027947
5344 E. Highway 83, Building B, Ste. 5
Rio Grande City, Texas 78582
TEL: (956) 487-3000
FAX: (956) 928-9496
email: salinaslawfirm@gmail.com
Attorney for Plaintiff

CC-16-336

Filed: 10/17/2016 3:56:46 PM

Eloy R. Garcia, District Clerk
Starr County, Texas

Starr County - District County Court at Law

Dulce Morin

VERIFICATION

STATE OF TEXAS

COUNTY OF STARR

Jorge Bazan, state that I have read the foregoing Petition and the factual statements
contained therein are true and correct based on my knowledge and belief.
1,

Subscribed and Sworn to before

RAULGONZALEZ
EXPIRES

MY COMMISSION

3Plamber9, 2019

me on this

ll:

day of October, 2016.

NOTARY PUBLIC, STATE OF TEXAS

My Commission expires:

5&1

M H"?

CC-16-336

Filed: 10/17/2016 3:56:46 PM 338 .

Eloy R. Garcia, District Clerk
Starr County, Texas

Starr County - District County Court at Law

Dulce Morin

REGULAR BOARD MEETlNGAugust 9, 2016

THE STATE OF TEXAS X
X

COUNTY OF STARR X

ON THIS, the 9" day of August 2016, the Board of Trustees of the Rio Grande City Consolidated
Independent School District convened in a Regular Board Meeting of (he Board of Trustees at the
Multipurpose Center-Main Hall, located at Fort Ringgold, Rio Grande City, Tacas, at 6:30 p.m.,
with the following members present, towit
Daniel J. Garcia
Judith Amanda Solis
Dr. Norberto Cantu, Jr.

Noe R. Gonzalez

Member
Member
Member

Eduardo "Eddie Ramirez

Ruben Klein

Vice-President

Benito Saenz

Absent

President
Secretary

Member

among other persons were the following: Mr. Alfredo Garcia, Interim
Superintendent, Alyssa Romero, Guerra 8: Farah, PLLC, School Attorney, Becky Ybarra, Jorge E.
Redo, Sonja B. Smith, Dr. Arcadia J. Salinas. Ill, David Flores, Bmeralda C. Lopa, Martha
Barrera, Adolfo Pena, ]r., Adelina Villarreal, Alejandro Rodrigua, Dr. Letty Trevino, Olga
Smedley, Joe Smedley, Ricky Saenz, Cynthia G. Bazan, Serapio Trillayes, Henry Cantu, Iulio
Eguia, Mariselda Tanguma, Robert Perez, lvette Pena, Olga Lopez, Dalinda Escobar, Rey
Ramirez, Melinda Gonzalez, Herman Garza, IV, Roger Olivarez, Jorge Pena, Sara Cantu, Nora
Rivera, Patricia Soto, Monique Villarreal, Hilma Clarke, Elsa Villarreal, Cindy Ybarra. Crisanh)
Guerra, IV, Adeline Cantu, Laura Garcia, Clarisa Ibanez, Palsy Ramirez, Laura Barrera, Idani
Salinas, Rene Perla, Gracie Naranjo, Teresa Arriazola, Jaus Martinez, Oneida Barrrienbos, and
other interested persons.
Also praent

3&0

Regular Board Meeting-August 9, 2016-Page 3

Item 5.

Consider and Take Possible Action on Order Calling for the

School Board Election

November

8,

2016,

motion was made by Trustee Judith Amanda Solis and seconded by Trustee
Dr. Norberto Cantu, ]r., to approve Order Calling for the November 8, 2016,
School Board Election as presented and recommended by Mr. Jorge E. Recio,
Inberim Chief Financial Officer. Motion carried unanimously.
Dr. Narberlo Cantu, Ir.
Daniel I. Gnrdn
Nac R. Gonzalez
Ruben Klzin
Eduardo "Eddie" Ramirez
Benita Saenz
Iudilh Amanda Solis

Item 6.

Aye
Aye
Aye

Absent
Absent

~~~
Aye
Ayt

Consider and Take Possible Action on Tax Refunds for the Month of July 2016

A motion was made by Trustee Benito Saenz and seconded by Trustee Noe R.
Gonzalez to approve the Tax Refunds for the Month of Iuly 2016, as praented
and recommended by Mr. Jorge E. Recio, Interim Chief Financial Of r
carried unanimously.

Dr. Norberto Cantu,

Daniel I. Garcia
Noe R. Gonzalez

Ir.

Ruben Klein
Eduardo "Eddie" Rrmrircz
Benito Saenz
Iuditlz

Amanda Solis

Absent

Aye
Aye

CC-16-336

AWl3

Filed: 10/17/2016 3:56:46 PM

Eloy R. Garcia, District Clerk
Starr County, Texas

Starr County - District County Court at Law

Prescribed by Secretary of State

Sections 3 004, 3 006, 4 008, 83 010, 85 004, 85 007 Texas Election
Code

Dulce Morin

9/2009

15.31::

5'

2915

~~
gasp.-um ./.5

ORDER OF ELECTION FOR OTHER POLITICAL SUBDIVISION

An election is hereby ordered to be held on November 08, 2016 for the purpose
School Board Election.

of:

Applications for a place on the ballot shall be lled by: August

22, 2016.
(A deadline is required to be stated in the order for a special election.)
Early voting by appearance will be conducted each Weekday at

Fort Rin.ggold0ld Central Cafeteria _

between the hours of ;@ am. and 5:00 pm. beginning on Oct. 24: 2016
and ending on Nov. 04, 2016.
_

Applications for ballot by mail shall be mailed to:

Hilda Gonzalez Garza, Early Vong Clerk
15* South Fort Ringgold Executive Director for Business Operations Office
Post Office Box 57
Rio Grande City, Texas 78582
Applications for ballots by mail must be received no later than the close
of business

on Oct. 28, 2016.

Additional early voting will be held as follows:

Location

La Victoria Community Center

El Cenizo Park Building
Issued this the

Daniel

E.

Member

Date
Oct. 24, 2016 - Nov. 04, 2016
Oct. 24, 2016 Nov. 04, 2016

Hours

8:00am - 5:00pm
8:00am 5:00pm

day of August, 2016.

Garcia
ture of Pr

i\ding Officer

[udith A. Solis

Benito Saenz

Noe R. Gonzalez
Member

Dr. Norberto Cantu

Member

Member

Member

Ruben Klein
Member

Eduardo R. Ramirez

Member

E;

Instruction Note:
copy of this election order must be delivered to the County
Clerk/Elections Administrator and Voter Registrar not later than 60
days before
election day.