City Rep. Cassandra Hernandez clapping back after Ethics Review Commission reprimand

El Paso city Rep. Cassandra Hernandez, who was recently reprimanded by the city's Ethics Review Commission over "excessive" fuel card spending last year, is insisting that she did not violate the city's ethics code and is calling on the commission to reconsider its ruling.

In a letter last week, Hernandez's attorney, Felix Valenzuela, urged city officials to "reconsider (their) decision and dismiss the complaint."

An internal audit earlier this year found that Hernandez used her city-issued gas card to purchase nearly $6,700 worth of fuel last year, an amount the report deemed "excessive."

An ethics complaint was subsequently filed against Hernandez by George Zavala, a resident in her District 3 that includes East-Central El Paso, and the matter went before the commission. The commission issued a letter of reprimand after finding that Hernandez's fuel card usage constituted a violation of the city's Ethics Code.

The commission's letter of reprimand, signed by Ethics Review Commission Chairman Casey Williams and addressed to Hernandez, stated: "The evidence presented to the Ethics Commission showed by clear and convincing evidence that you did use your position as a city representative to secure unwarranted privileges for yourself, relatives or others. Moreover, the evidence showed that you did use the fuel card for your personal benefit and the benefit of others and therefore there was an intentional misuse of the city issued fuel card."

The matter appeared settled, but Valenzuela's letter could bring new attention to the issue.

Letter includes 'newly discovered evidence,' allegations against Chairman Casey Williams

In his letter — addressed to City Clerk Laura Prine, City Attorney Karla Nieman and outside counsel Frank Garza — Valenzuela lays out a litany of reasons why the complaint against Hernandez should be thrown out and provides "newly discovered evidence" to back up his claims.

Among that evidence is an ethics complaint, which was eventually thrown out, filed by Williams in November 2019 alleging that Hernandez "both solicited funds and raised money without complying with the state ethics requirements for having a campaign treasurer appointment form on file with either the city of El Paso or the state of Texas."

Williams ran against Hernandez in the 2017 District 3 race.

"(T)he sheer fact that Williams would file a meritless complaint against the representative shows his partiality and bias," the letter from Valenzuela states, adding later that "his failure to recuse himself is a violation of the ethics code and led to an improper rendition."

But Williams said he conferred with both Garza and Nieman about a potential conflict before Herandez's hearing and both attorneys advised him not to recuse himself.

Williams noted that he was unanimously appointed to the Ethics Review Commission and named its chairman twice while Hernandez was on the City Council. She never raised any red flags against his nomination or appointment.

"We have been as fair and accessible as possible," Williams said, though he could not speak further about the matter as it is scheduled to go before the commission at its next meeting later this month.

The letter also presents the fuel allowances for other cities to support the assertion that "the representative's gas card usage was quantitatively not excessive." The numbers for the two cities cited, however, are thousands lower than Hernandez's usage — according to the letter, Austin officials, for example, receive $5,400 for fuel each year and Houston representatives receive $4,200.

"I humbly request the Ethics Review Commission to revisit their determination, taking into account new evidence and specific procedural matters that might have unintentionally influenced the commission's decision," Hernandez said in an emailed statement. "I appreciate the public's patience and trust as we pursue a course that prioritizes integrity, community values, and the shared principles that guide us all."