EL PASO, Texas (KTSM) — City Rep. Henry Rivera has hired a lawyer and is challenging the City Council reprimand he received Feb. 27.
“I am requesting that you withdraw the reprimand, as improvidently issued. Although I
realize Council voted on this matter, there is no legal or factual justification for you to issue this
reprimand,” wrote El Paso attorney Mary Stillinger, who is representing Rivera and sent letters to the City Council, the city attorney, the interim city manager and El Paso’s media.
Rivera was reprimanded by the City Council on Feb. 27 after the council emerged from executive session.
Under the action, the City Council reprimanded Rivera for allegedly allowing his wife — Dora Oaxaca, the former El Paso County Democratic Party chair — to supervise and direct the day-to-day duties of a city employee.
Rivera is also alleged to have allowed his wife access to “city resources.” KTSM learned those resources were his email and city documents.
In the letter, Rivera and his attorney say the investigation into this matter did not adhere to due process and that the original complaint was withdrawn shortly after it was filed.
“The complaint of a hostile work environment was very thoroughly investigated, despite
the fact that it was withdrawn. As you note in your letter of reprimand, the investigation
revealed that Representative Rivera ‘did not violate the City’s Harassment Prevention Policy.’
Yet your letter goes on to focus on two other allegations that are not tied to any policy, rule or
law: (1) that Representative Rivera allowed a non-City employee to participate in the supervision
of a City employee; and (2) that Representative Rivera gave a non-City employee access to ‘city
resources,'” the letter states.
Rivera and his legal representation say that the reprimand gives the impression that he shared City funds or property inappropriately.
“This was never alleged nor did it ever occur,” the letter said. “In fact, ‘the investigation’ was broadened to include a very thorough review of Representative Rivera’s IT devices and purchasing card, and there was no wrongdoing discovered. This is another important fact that you have omitted from your letter.”
Rivera says the reprimand also charges that Rivera allowed his wife to improperly interact and supervise a City employee.
“In fact, the initial complaint was directed solely at Representative Rivera’s wife. The investigation revealed that the former employee was the son of a friend of Representative Rivera’s wife, and they had known each other for some time. The investigation also revealed that in her efforts to assist him with his job, Representative Rivera’s wife apparently offended the former employee,” the response letter reads.
Rivera and his legal team also said that when the employee withdrew his complaint, the employee said that Rivera was “an honorable man.” And when the employee resigned, his letter of resignation was “very complimentary of Rivera and appreciative of the positive work experience he had with Representative Rivera,” the response letter added.
Rivera’s response also states that the matter should have been closed at this time but the “investigation” continued and became “an attack on Representative Rivera’s wife and the assertion that Representative Rivera should have control of his wife.”
The letter contends that this matter is “outside the Council’s jurisdiction.”
“I have used quotation marks around the terms ‘investigation’ and ‘fact-finding’ because the entire process relied on hearsay statements that were made to third parties and which were based primarily on the opinion of the speaker,” the letter continued.
“As a result, the ‘findings’ are essentially based on gossip, assumption and speculation,” according to the letter.
The City Council voted 5-1 to have the mayor issue a letter of reprimand. The only “no” vote was Rivera.
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