Council will ask D.A. to decide if Councilman loses his seat - KCBD NewsChannel 11 Lubbock

Council will ask D.A. to decide if Councilman loses his seat

By James Clark - email

LUBBOCK, TX (KCBD) - Lubbock City Council votes 6 to 1 in favor of letting the District Attorney decide if Councilman Victor Hernandez can continue to serve on the City Council. 

Hernandez paid his back taxes of more than $10,000 late Monday afternoon, just ahead of Tuesday's City Council meeting.  Mayor Tom Martin called a special meeting to decide if Hernandez would be removed from office, saying the City Charter forbids employees and elected officials from being indebted to the City.

During the noon hour Hernandez posted a message to his supporters on Facebook.  It says, "I wan [sic] to publicly thank everyone who has been so supportive of me and my family these past few days. It means a great deal. I have complete faith that all will work out as planned."

Related Story: Hernandez pays taxes late Monday, controversy not over

We previously reported that City Council would ask a State District Judge to decide.  But officials say they can't go directly to a judge.  It must first be presented to either the County Attorney (in Lubbock, the District Attorney and County Attorney offices are merged into one) or it must be presented to the Texas Attorney General.  From there it can go before a State District Judge.

Officials say that if District Attorney Matt Powell takes no action then it's the same as a decision in favor of Hernandez.

Copyright 2011 KCBD NewsChannel 11.  All rights reserved. 

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