City Reps. Art Fierro, Brian Kennedy face ethics complaints alleging city debt, perjury
Ethics complaints were filed Thursday against newly elected city Reps. Art Fierro and Brian Kennedy over debts owed to the city and alleged perjury related to their oaths of office.
Fierro and Kennedy were sworn into office Tuesday.
The ethics violation complaints could call into question Fierro's and Kennedy's positions on the City Council, as well as the validity of Fierro's vote Tuesday to abandon the arena project in Duranguito. Kennedy recused himself from that vote.
An ethics complaint was filed with the City Clerk's Office on Thursday morning by former District 6 city Rep. Claudia Rodriguez, whom Fierro defeated with backing by the El Paso County Democratic Party in the recent general election runoff.
The Rodriguez's complaint states in part:
"On January 3, 2023, Representative elect for the office of City of El Paso District 6 Representative Peter Arthur Fierro, also known as Art Fierro, has taken an oath of office and violated the provisions of the ethics ordinance. Representative elect Fierro, who at the time of taking office, by verbal and written omission, was indebted to the city for an undisclosed amount of money owed to the city of El Paso.”
Her complaint goes on to state that Fierro “wrongfully falsified government documents and committed perjury by lying under oath.”
In a statement, Rodriguez explained why she filed the complaint.
"My intention here today is to ensure that we hold our elected officials and leaders accountable for their actions," she said. "Perjury is a crime and El Pasoans deserve honest, competent and ethical leadership."
In a statement, Fierro responded:
"Today, I received a copy of a complaint filed by former Representative Claudia Rodriguez regarding some purported debt I have to the city. The complaint itself is vague. It lacks any factual specificity. At this point, it is difficult to fully respond to her allegation. I can say that I do not owe the City of El Paso any money and am duly qualified to hold the office of Representative for District 6. This can be confirmed with the Office of the City Clerk."
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He called Rodriguez's action "frivolous and harassing," adding it is "yet another example of her desperate efforts to undermine the election process."
Shortly after Rodriguez filed her complaint against Fierro, Chris Yost, El Paso County Republican Party Precinct 131 chairman, filed a similar ethics complaint against Kennedy, stating that the councilman is "ineligible for public office due to (his) debts to the city of El Paso, and (regardless) if these debts are satisfied, warrants were issued, and (his) oath of office ceremony and swear in occurred fraudulently. ..."
Kennedy's actions taint his role as a newly elected public servant, Yost said.
"It's pretty much a slap in the face to the people I represent and the city as a whole," he said. "If I committed something like this ... the city is going to come after me."
Rodriguez is calling on El Paso Mayor Oscar Leeser to place matter on the City Council agenda to "investigate the qualifications and eligibility" of Fierro and Kennedy.
"I demand that Mayor Oscar Leeser and current eligible representatives uphold our constitution, city charter and all laws," Rodriguez said.
The mayor declined an interview but issued this statement:
“Historically, the check on whether there are any funds owed to the city of El Paso from incoming elected officials has been done prior to the swearing in of any elected official," Leeser said in an email. "That is the optimal time for review, and it was not done this time.
"It is the responsibility of each individual to ensure they don’t owe funds to the city, but I strongly believe it is also the responsibility of the city to run this check prior to swearing in any individual to represent the great city of El Paso."
Fierro's parking tickets from 2019
Fierro's debt to the city dates back to parking tickets issued in 2019.
On Wednesday morning, El Paso Municipal Court listed two citations, one from November 2019 and another from December 2019, that each still had an unpaid balance of $110.50.
By Wednesday afternoon, both of Fierro's fines had been paid.
The ethics violation complaint could call into question Fierro's position on the City Council, as well as the validity of his vote Tuesday to abandon the arena project in Duranguito.
"All candidates for office and elected officials are responsible for ensuring that they are in compliance with all City Charter provisions and all other applicable laws," city of El Paso spokeswoman Laura Cruz-Acosta said in an email.
According to the city charter, "No person shall be eligible for any elective office who, at the time of taking office, whether by virtue of election or appointment, is indebted to the City in any sum of money on judgment, contract or valid tax levy or assessment."
However, the charter is unclear on exactly how such issues should be addressed, stating only that the "Council shall be the judge of the election and qualifications of its members and of other elected City officials and of the grounds for removal from office."
Cruz-Acosta stated that Leeser and other council representatives have been informed on the situation and "will decide if they wish to take action on this issue."
Other sworn-in council member had debt to city
Fierro and Kennedy were not the only council members who ran afoul of the city's indebtedness clause.
Cruz-Acosta stated that the city attorney had likewise been informed that East Side city Rep. Isabel Salcido "had an outstanding ticket."
However, in Salcido's case, Cruz-Acosta stated that Salcido's name "was not listed on the ticket and the vehicle is co-owned by Rep. Salcido and her sibling." The ticket was likewise paid Wednesday.
For his part, Kennedy insists that he did not know of an outstanding balance on his ticket.
"I was completely unaware that there was additional money to be paid on that ticket," Kennedy said in a text message. "As soon as there was notification, it was paid immediately."
Salcido issued a brief statement:
“The citation or outstanding debt was not under my name. The vehicle that was used or listed on the debt, is co-owned by a family member who uses said vehicle. The debt of $110.50 has been cleared at this time.”
She did not say if she personally paid the debt.
This article originally appeared on El Paso Times: Ethics complaints against Fierro, Kennedy allege city debts, perjury
