Judge signs restraining order against Rio Grande City

McALLEN, Texas (ValleyCentral) — A judge signed a restraining order against Rio Grande City on Friday after concluding the city improperly suspended police Chief Noe Castillo in mid-November.

State District Judge Rogelio Valdez determined the notice of suspension that Rio Grande City provided to Castillo on Nov. 13 failed “to specify the alleged non-conformance or required actions, creates ambiguity and denies Castillo his statutory rights.”

The restraining order prohibits Rio Grande City from taking any action based on the notice of suspension and blocks the City Commission from holding meetings about Castillo without “complying fully” with the Texas Open Meetings Act.

“We need to post a bond and then serve them on it,” said attorney Jay Peña of Rio Grande City, who represents Castillo. “Otherwise it’s not effective. So I’m working on that now.”

Rio Grande City suspended Castillo after the City Commission became concerned that faulty water meters had cost taxpayers nearly $1 million.

The city provided Castillo with a “Notice of Employment Contract Non-Conformance & Notice of Suspension” that stated the City Attorney’s Office was investigating water loss that occurred when Castillo served as deputy city manager.

In the notice of suspension, Rio Grande City demanded that Castillo turn over any information about “water loss, gross misconduct regarding addressing faulty meters, gross negligence assessing loss, control, and compliance regarding water loss at the city while you were deputy city manager.”

Castillo responded with a lawsuit, which accused Rio Grande City of violating the Texas Open Meetings Act.

The case was assigned to Valdez. After reviewing the notice of suspension, he signed a restraining order against Rio Grande City on Friday afternoon.

Mayor Gilberto Falcon said he couldn’t comment on the restraining order because he hadn’t received a copy.

“Jay Peña has a very serious conflict in this case,” Falcon said.

Peña represented Rio Grande City under a previous administration. As part of his job, Peña advised the City Commission.

“He’s privy to confidential information that he might be using in this case,” Falcon said. “And that’s going to be addressed very soon.”

Peña called the mayor’s comments “absurd.”

“I think the rules of ethics make very clear what a conflict is,” Peña said. “They have to be specific on what, exactly, the issue is that I represented the city in that poses a conflict to Chief Castillo.”

Peña said he’d never advised the city on Castillo’s employment or the allegations contained in the notice of suspension.

“So I don’t know what the conflict is,” Peña said.

The case is scheduled for a hearing on Dec. 3.