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Saturday, August 21, 1999

CCISD trustee allegations go to D.A.
Office to decide whether grand jury will see case against Frank Reyes
By Jonathan Osborne
Caller-Times

Whether a grand jury will review allegations of felony theft against Corpus Christi Independent School District trustee Frank Reyes is now up to the district attorney.
   Corpus Christi Police Cmdr. U.B. Alvarado said that, because the school board's attorney said an Aug. 13 board vote against pursuing charges against Reyes was legally questionable, the police decided to move forward and present the case to the district attorney's office.
   "It's up to the district attorney's office whether they want to accept charges," Alvarado said.
   District Attorney Carlos Valdez said his office would review the investigation and then decide whether the case needed to go to the grand jury, but as of Friday his office had not received the file.
   The allegations of theft against Reyes stem from a complaint former board member Ed Hecht filed with the county attorney's office claiming that Reyes and board member Manuel Flores violated state law by not reimbursing the district for airline tickets.
   A CCISD internal audit found that the district purchased, and Reyes did not pay for, six airline tickets totaling $1,493, for his family members. According to board policy, trustees must reimburse the district for travel advances within five working days of returning from a trip.
   Board policy also states that the school board may not pay the travel expenses of spouses and other persons who have no responsibilities or duties to perform for the board when they accompany trustees to board-related activities.
   But district officials and board members said that having trustees reimburse the district for family members' tickets is common practice.
   Normally, theft under $1,500 would be a misdemeanor, but because Reyes is an elected official, he could face felony charges, said Assistant District Attorney Mark Skurka. Skurka also said that for a person to have committed theft, there must be intent.
   Reyes' attorney, Rene Rodriguez, said that in the case of his client, there was no intent to steal from the district.
   Rodriguez said that Reyes was never notified that he owed any money until July 16, 1999, at which time he reimbursed the district the full $1,493.
   "Intent is a vital element of any charge or indictment," Rodriguez said. "Based on all the information that we've reviewed, there's no criminal intent and, as such, there is no crime."
   Alvarado said that for theft to have occurred, there must also be a victim.
   Because in this case the district was the victim, the police department requested that the school board vote whether to pursue charges against Reyes.
   Last week trustees voted 3-0, with three board members abstaining, against pursuing felony charges. Rene Vela, Bill Hamrick and Manuel Flores all voted not to pursue the felony charges. Vicki Rothschild and Dorothy Adkins abstained, stating that they needed more information before casting their votes. Reyes abstained because of his interest in the matter.
   Pinky Brauer was absent.
   The board also voted on a motion to pursue charges. Vela and Hamrick both voted no. The remaining four trustees abstained.
   CCISD attorney J.W. Gary said that because only six school board members were present and because of the seriousness of the matter, his opinion was that the board needed four votes to take any action.
   Several trustees and Superintendent Abelardo Saavedra disagreed.
   "I think a lot of attorneys would look at it differently," Saavedra said.
   Saavedra, in a letter to the criminal investigators, detailed the board's vote and noted that the board's action may not be valid, in the opinion of the board's attorney.
   According to board policy, the board cannot take action on either motion again for 60 days.
   Valdez said there is no timeline for his office to reach a decision.
   Reyes and trustee Flores could both face misdemeanor charges of official misconduct, which Alvarado said would be presented to the county attorney's office in the next few days.
   The complaints against Flores stem from an airline ticket the district purchased for his daughter on Feb. 15, 1996, and Flores did not repay the district until April 4, 1997.
   To pursue official misconduct, Valdez said, no victim is required.
   According to school board policy, a board member can be removed from office if convicted by a jury for any felony or for misdemeanor official misconduct.

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