THE LARRY GALBREATH AFFAIR!

THE MAJOR PLAYERS

PHILANTHROPIST AND HUMANITARIAN, DIAL DUNKIN

 

FORMER HARLINGEN COMMISSIONER, LARRY GALBREATH

 

HARLINGEN CITY ATTORNEY, ROXANN PAIS-COTRONEO

SPECIAL PROSECUTING ATTORNEY, CHARLES WILLETTE, JR.

CAMERON COUNTY DISTRICT ATTORNEY, ARMANDO VILLALOBOS

 

CAMERON COUNTY DISTRICT ATTORNEY PRO-TEM, EDMUND CYGANIEWICZ

CAMERON COUNTY GRAND JURY

THE STORY

Larry Galbreath was an elected member of the Harlingen City Commission in 2006.  The city created 3 TIF Districts that received special tax incentives for businesses to open within their boundaries.  Galbreath owned property within TIF District #3 prior to and after it became a TIF District.  Galbreath was appointed by the other City Commissioners to be a Board member of all 3 TIF Districts on October 4, 2006.  He eventually was appointed Chairman of all three TIF District Boards. 

During this period, TIF District #3 was developed using Harlingen EDC funding to build the infrastructure (streets, water service, curbs, sewer and electric services).  Galbreath sold his land in TIF District #3 to the Developers who eventually built Kohls, Logans, Bed, Bath and Beyond, etc.  Galbreath's land substantially increased in value once it was placed within TIF District #3 and the infrastructure was built to accommodate development.

On April 15, 2010, Mr. Dial Dunkin filed a Harlingen Ethics Ordinance complaint against Harlingen City Commissioner Larry Galbreath.  The complaint alleged that Galbreath used his position as a city commissioner to:

1)  Enhance the value of property he owned within Harlingen TIF District #3 (Kohl's/Lincoln St. area property)

2)  Influence the City Commission and City Manager to consider purchasing property he owned for a future Fire Station.(Bus. Hwy 83/Lone Star Restaurant area property) 

After the complaint was filed with the City Attorney Roxann Cotroneo, she hired outside Attorney Charles Willette as a Special Legal Council/Prosecutor/Investigator to study the charges and find any merit to the accusations.

In his, May 21, 2010, final report to City Attorney Cotroneo, Attorney Willette stated, 

"even though I was retained by you to investigate this complaint and prosecute if necessary, we both participated in the review of documents as it relates to this investigation and therefore this was a cooperative effort."

In his final summary of possible violations of state and city statutes by Mr. Galbreath, Attorney Willette remarked, 

"However, in other meetings after June 13, 2006, including between meetings where he would abstain due to this conflict of interest, the minutes would confirm he would then vote on items involving the same property in question which he had previously claimed was a conflict of interest and abstained from voting."  Willette further stated, "that when these votes were taken, he (Galbreath) still owned a substantial interest in the property within TIF #3, which were the items being discussed and voted on.  Consequently, since this could constitute evidence that Commissioner Galbreath may have various state law conflict of interest violations, with each violation being a Class A misdemeanor, this evidence was turned over to the Cameron County District Attorney's office for further investigation and/or possible prosecution."

Again, Attorney Willette goes above and beyond the scope of the original accusations filed by Mr. Dunkin when he offers additional evidence of possible corruption by Mr. Galbreath when he states, 

"However, after further review, we (Willette and Cotroneo) have also turned over additional evidence to the Cameron County District Attorney's office which confirms that on certain occasions when Commissioner Galbreath would abstain from voting after June 13, 2006, he did not simultaneously file a conflict of interest affidavit as required by law.  Because it appears that failure to file a conflict of interest affidavit can constitute a Class A misdemeanor, this evidence had to be turned over to the Cameron County District Attorney's office for further investigation and/or prosecution."

In reference to the proposed purchase by the City of Harlingen of the fire station property that Galbreath owned, two executive sessions of the city commission were held on June 17, 2009 and July 15, 2009 to discuss this matter.  Attorney Willette remarks,

"However, as to the allegation that he failed to file conflict of interest forms prior to each meeting, and based on an affidavit from the Harlingen City Secretary, we could not find any evidence that any conflict of interest affidavits were on file prior to either meeting.  Even though city ordinance requires that a conflict of interest affidavit be filed by an official who owns a substantial interest in any property that is going to be discussed at a city commission meeting, failure to do so is a Class A misdemeanor, this portion of the complaint had to be turned over to the DA for further investigation and/or possible prosecution."

In conclusion, in his summary letter to City Attorney Cotroneo, Attorney Willette states, "our investigation did find evidence that Commissioner Galbreath may have committed various state law conflict of interest violations and because each violation could be a Class A misdemeanor, all evidence has been turned over to the Cameron County District Attorney's office for further investigation and/or prosecution."

At this point, Mr. Dial Dunkin had been totally vindicated in bringing forth his ethics complaints against Galbreath to the city attorney, because two independent investigations by City Attorney Cotroneo and Special Prosecutor Attorney Willette had both come to the conclusion that Commissioner Galbreath had most likely violated conflict of interest laws and those findings, independent of Mr. Dunkin's findings, were turned over to the Cameron County District Attorney's Office for prosecution and/or further investigation.

After the Cameron County District Attorney's office received the Galbreath case summary, Armando Villalobos quickly took this political football and bowed out of the case by declaring their own conflict of interest positions and a special Cameron County District Attorney Pro-Tem, Attorney Edmund Cyganiewicz had to be appointed to prosecute the case.

Attorney Cyganiewicz frittered around with the case for almost 10 months before he also passed the political football and convened a Cameron County Grand Jury to look into the matter and get him off the hook.

Of course, a Grand Jury can only act on and make a decision based on what is presented to them by Prosecutor Cyganiewicz and they can only be swayed by the convincing argument or lack thereof of the Prosecutor as to whether the law has been broken.  A weak presentation of the facts, downplaying their significance, or a lackluster performance by the Prosecutor who controls the Grand Jury process can make or break a case before that Grand Jury.  In this case, both Cyganiewicz and Galbreath got what they wanted, a no true bill.  You only get back what you bake into the pie!

THE LEGAL DOCUMENTS

City Secretary Sylvia Trevino Sworn Document

CITY COMMISSION MEETING DOCUMENTS WHERE GALBREATH'S LAND IS DISCUSSED AS A SITE FOR A NEW WEST SIDE FIRE STATION
OFFICIAL MINUTES:

REGULAR MEETING CITY COMMISSION, HARLINGEN, TEXAS 

JUNE 17, 2009 

A Regular Meeting of the Harlingen Elective Commission was held on Wednesday, June 

17, 2009 at 5:30 p.m. in Town Hall, City Hall, 118 E. Tyler Street, Harlingen, Texas.  

Those in attendance were: 

  Mayor and City Commission 

  Mayor Chris Boswell 

  Larry Galbreath, Commissioner District 1 

  Robert Leftwich, Commissioner District 2 

  Kori Marra, Commissioner District 3 

  Jerry Prepejchal, Commissioner District 4 

  Joey Trevino, Commissioner District 5 

  Staff Present: 

  Craig Lonon, City Manager 

  Brendan Hall, City Attorney 

  Sylvia R. Trevino, City Secretary 

Commissioner Galbreath made a motion to go into Executive Session pursuant to Chapter 

551, Subchapter D., V.T.C.A. Government Code (Section 551.087) to deliberate the 

acquisition of real property for a Fire Station.  Commissioner Marra seconded the motion 

and it carried unanimously. 

EXECUTIVE SESSION PURSUANT TO CHAPTER 551, SUBCHAPTER D., 

V.T.C.A. GOVERNMENT CODE (SECTION 551.087) TO DELIBERATE THE 

ACQUISITION OF REAL PROPERTY FOR A FIRE STATION.  

The Executive Session convened at 7:00 p.m. and concluded at 7:21 p.m. with no action 

taken in closed session. 

There being no further business the meeting adjourned at 7:21 p.m. 

OFFICIAL MINUTES:

REGULAR MEETING CITY COMMISSION, HARLINGEN, TEXAS 

JULY 15, 2009 

A Regular Meeting of the Harlingen Elective Commission was held on Wednesday, July 

15, 2009 at 5:30 p.m. in Town Hall, City Hall, 118 E. Tyler Street, Harlingen, Texas.  

Those in attendance were: 

 Mayor and City Commission

  Mayor Chris Boswell 

  Robert Leftwich, Mayor Pro Tem 

  Larry Galbreath, Commissioner District 1 

  Kori Marra, Commissioner District 3 

  Jerry Prepejchal, Commissioner District 4 

  Joey Trevino, Commissioner District 5 

  Staff Present: 

  Craig Lonon, City Manager 

  Brendan Hall, City Attorney 

  Rick Bilbie, Assistant City Attorney 

  Sylvia R. Trevino, City Secretary 

Commissioner Galbreath made a motion to go into Executive Session pursuant to Texas 

Government Code (Section 551.072) to deliberate the acquisition of real property for a 

fire station.  Commissioner Prepejchal seconded the motion and it carried unanimously. 

EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE 

(SECTION 551.072) TO DELIBERATE THE ACQUISITION OF REAL 

PROPERTY FOR A FIRE STATION.   

The Executive Session convened at 8:00 p.m. and concluded at 8:07 p.m. with no action 

taken in closed session. 

There being no further business the meeting adjourned at 8:07 p.m

Texas Attorney General Ruling!

If a local public official has a substantial interest in a business entity or in real property, and if action on a matter will have a special economic effect on the business entity or on the value of the property that is distinguishable from its effect on the public, the official must file an affidavit stating the nature and extent of the interest before a vote or decision on any matter involving the business entity or real property, and then must abstain from further participation.  When a local public officer has a substantial interest in a proposed action of a local governmental entity, the officer, rather than the governmental body, should decide in the first instance whether the proposed action will have a special economic effect on him or her.  “Participation” in the vote or decision for purposes of chapter 171 includes deliberating about a matter with the other members of the governing body; voting is not essential.  Nor does it include an officer’s silent attendance at an executive session held to discuss the matter in which an officer is interested.

However, it may be wise for the interested officer to refrain from attending any open or closed meetings that address the matter in which he is interested.