Monday, January 29, 2007

Retama Room of the Harvin Center at Del Mar College East Campus~6:30 p.m. to 8:30 p.m., Feb. 8


"I don't think students realize how powerful they are, and I want them to realize that," Garcia said.

Leadership program seeks aid

Hispanic organization's local chapter once had 90 students

By Adriana Garza Caller-Times
January 29, 2007


Throughout eight years as program adviser to the National Hispanic Institute, Rene Vela can rattle off the names of dozens of students he has mentored and the colleges they graduated from.

Javier Longoria, Harvard University; Theresita Perez, Stanford University; and Sarah Villarreal, Cornell University, are a few of the students Vela, a local dentist, boasts as alumni of the program he says is key to their success.

"These are kids that have potential and this brings them together to push each other to become successful," said Vela, who has returned as the local program's adviser after a two-year absence.


Recruitment meeting

# When: 6:30 p.m. to 8:30 p.m., Feb. 8
# Where: Retama Room of the Harvin Center at Del Mar College East Campus
# What: A meeting with area students interested in joining the National Hispanic Institute

About nhi

95 percent of National Hispanic Institute alumni enroll in four-year colleges after graduation

About 90 percent of National Hispanic Institute alumni receive their undergraduate degree in four to five years

About 66 percent of National Hispanic Institute alumni plan to pursue graduate studies

SOURCE: National Hispanic Institute

Student membership in the program has dwindled in recent years and Vela, who once had more than 90 students participating in the program, hopes to recruit more students than ever this year.
The National Hispanic Institute was established in 1981 to train young Latino students in the skills necessary to lead the Latino community.

It provides high school students leadership training that prepares them for college life and beyond. For a $425 fee, members are able to participate in conferences and tournaments that help shape oratory and debate skills and expose students to the college admissions process.

Students are encouraged to produce original ideas and debate specific topics, such as education and economics and their impact on the future of the Latino community.

Based on each student's skills, the institute's teams are divided into different debate categories including Mock Trial Debate, Cross Examination Debate, Oratory and Extemporaneous Speaking.

The organization's Youth Leadership Conference is held every year at a college campus and allows teams to participate in the Great Debates, a tournament that lets them show off their debating skills. About 1,800 students from across the country participate in the conference each year.

Vela said the communications skills students learn in the program teach students a variety of skills, from maintaining eye contact to thinking quickly on their feet.

Kara Hernandez, a junior at Carroll High School and leader in the local National Hispanic Institute chapter, said the program also gives students confidence, which helps improve the way they carry themselves.

"It helps you have a presence in the room," she said, adding that the organization is a natural fit for ambitious students who want to do well in life.

The success of some of her peers who have gone on to Ivy League schools inspired Kara to continue with the program and motivate others to join.

"I have the expectation to go off to college and do something big with my life," said Kara, who plans to become a dentist.

It's a competitive and time-consuming program but Kara, who dedicates about five hours every Sunday to the program, said she wouldn't have it any other way.

The debate training has conditioned Kara's mind constantly to produce new ideas. Months after the Great Debates, Hernandez continued to come up with ideas and arguments for her debate topic.

"I was in the shower once and it just came to me, three months after (the Great Debates)," she said.

Vela said the $425 membership fee, which helps pay for supplies and facilities, shouldn't discourage parents from signing their children up for the program.

"It's an investment," Vela said.

Interested students from across South Texas with an A-B grade average are invited to apply for the program.

Vela said he hopes to receive funds from local school districts to help defray membership cost.

"We will help everybody," Kara said. "We'll fundraise, we'll do whatever we have to."

Vela said he wants the organization to provide all students in the community with a chance to grow into leaders.

"All I'm about is giving people an opportunity," he said.

Contact Adriana Garza at 886-3618 or garzaa@ caller.com

Tuesday, January 16, 2007

Corpus Christi Children: Corpuschristifilmsociety.blogspot.com

Corpus Christi Children: Corpuschristifilmsociety.blogspot.com

Adler said some litigants see filing suits as a way to get even and make money.

The time and effort it takes to initiate a legal odyssey is one that requires as you said....


"We respect people's right to question us, but it's going to take a lot of time and a lot of money," she said."


d1: Yet, to defend oneself, and, if one is forced to utilize the judicial branch, unless they have lots of time and money to waste as you concede it is going to take, it is plain it is not your money nor your time that is being wasted!
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Adler said some litigants see filing suits as a way to get even and make money.


d1: Madam President, pray tell why would someone need to sue in order to "as a way to get even"?

Get even with Who?

and why would you believe someone was justified that all they seek is to be "even" aka as being equal?

Increase comes in part from number of lawsuits college has seen recently........guess it aint the "best bang for the buck?

"I don't think students realize how powerful they are, and I want them to realize that," Garcia said.

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Del Mar legal costs rise by $55,000

Increase comes in part from number of lawsuits college has seen recently

By Israel Saenz Caller-Times
January 14, 2007


Del Mar College Legal expenses

2000-01: $217,069.93
2001-02: $199, 810.16
2002-03: $214,341.52
2003-04: $172,133.75
2004-05: $104,585.29
2005-06: $121,610.14
2006-07: $175,000*

* Amount budgeted for fiscal year

Source: Del Mar College

Del Mar College officials expect the school's legal expenses to rise for a third consecutive year, a trend they attribute partly to increased costs for lawsuits against the college.

The amount officials have budgeted for the 2006-07 fiscal year is $175,000 - nearly $55,000 more than last fiscal year's legal expenses.

While legal costs include reviewing business and construction contracts and working with the Board of Regents, lawsuit costs have played a role in this year's increase, said Del Mar College Vice President of Business and Finance Joe Alaniz.

"At one time we were kind of mellowed down a little bit," Alaniz said. "I think (lawsuits are) picking up now."

Both Alaniz and the college's outside attorney, Augustin Rivera, said they did not know the exact number of suits currently filed against the college. The U.S. District Court database lists five cases against the college dating from March 2001 to the present.

The budgeted rise in costs is a shifting trend from earlier in the decade. Legal expenses for the 2004-05 fiscal year, which runs from September through August, were $104,585.

In the November 2004 to October 2006 time period, litigation accounted for the largest amount of expenses - $61,285. The next largest amount, $38,613, went toward legal counsel at Del Mar College Board of Regents meetings and for other board duties such as counsel for board election duties.

Alaniz estimated litigation made up about 50 percent of legal expenses in the 2005-06 fiscal year.

At least two suits are pending against the college, with two recently settled:

# Theresa Cox, the college's former equal opportunity/affirmative action, equity, access and compliance director, filed a lawsuit in Travis County against the college last July, alleging she was unfairly demoted after she began procedures to investigate a student complaint.

# Former criminology instructor Alberto Benitez filed a district court suit against the college in September 2005, charging he was unjustly terminated after he supported a student's charge of racial harassment. The student, Melody Lopez, filed a suit along with Benitez at the same time. The suits were dismissed last month.

# Former student Shari Parker filed a lawsuit against the college in district court last September, charging she was sexually harassed by college President Carlos Garcia.

Alaniz said the Benitez-Lopez suit played a role in budgeting for this year's legal expenses. The school's total 2006-07 budget is $83.4 million.

"We knew we still had the Benitez lawsuit in progress," Alaniz said. "We did not know what additional cost would be involved."

Alaniz said the college's legal expenses decreased after the college hired In-house Counsel Michael Westergren in August 2004. Del Mar College Board of Regents President Chris Adler said Rivera handles most litigation issues and open records requests. Adler said these requests have numbered at least 100 each year for the past three years.

"We respect people's right to question us, but it's going to take a lot of time and a lot of money," she said.

Adler said Westergren works as a mediator, while Rivera advises college officials on legal issues and issues pertaining to regents board meetings and elections.

"He is our authority on election law," Adler said. "He gives us constant updates on statutes to make sure we're doing things right."

College officials would not give specific amounts for how much a single dispute can cost the school, but a district court transcript of a September phone meeting between U.S. District Judge Hayden Head Jr. and both plaintiff and defendant attorneys reveals some details of what college officials did to put the case behind them.

Benitez settled with the college in September; Lopez settled the next month. Head signed an order of dismissal on Dec. 21 for both suits.

In the transcript, Head asks Del Mar attorney Ricardo Morado about the college's settlement offer.

"We have close to doubled our original offer and have based an offer on realistic data which we can back up," Morado replies.

The varied sizes and budgets of community colleges makes comparison to others' legal expenses difficult, Alaniz said.

Del Mar College's fall 2006 enrollment, 11,356, is almost 3 1/2 times larger than Coastal Bend College's enrollment, 3,255. Coastal Bend's 2006-2007 budget for legal expenses is $30,000; the amount spent in the 2005-2006 fiscal year was $26,925.48.

For Rivera's services, Del Mar College pays the local firm of Dunn, Weathered, Coffey, Rivera, Kasperitis & Rodriguez - which received $90,312.41 in the 2005-2006 fiscal year.

Between November 2004 through October 2006, the Dunn, Weathered, Coffey, Rivera, Kasperitis & Rodriguez firm earned $158,726.39 from the college. That includes the first two months of the current fiscal year, September and October, during which the college paid the firm $24,896.08.

Alaniz said officials can only estimate how much pending suits will cost the college. Adler said some litigants see filing suits as a way to get even and make money.

"People in this society have a tendency to file frivolous lawsuits," she said. "Whether it's frivolous or legitimate, we have a responsibility to defend the college."

Contact Israel Saenz at 886-3767 or saenzi@ caller.com


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
okay israel i guess the "baker Botts report is technically on 5th
books as "a special as investigation" but the 104k bill was paid as a result of "legal" costs!

Increase comes in part from number of lawsuits college has seen recently........guess it aint the "best bang for the buck?

"I don't think students realize how powerful they are, and I want them to realize that," Garcia said.

PRINT THIS STORY | E-MAIL THIS STORY

Del Mar legal costs rise by $55,000

Increase comes in part from number of lawsuits college has seen recently

By Israel Saenz Caller-Times
January 14, 2007


Del Mar College Legal expenses

2000-01: $217,069.93
2001-02: $199, 810.16
2002-03: $214,341.52
2003-04: $172,133.75
2004-05: $104,585.29
2005-06: $121,610.14
2006-07: $175,000*

* Amount budgeted for fiscal year

Source: Del Mar College

Del Mar College officials expect the school's legal expenses to rise for a third consecutive year, a trend they attribute partly to increased costs for lawsuits against the college.

The amount officials have budgeted for the 2006-07 fiscal year is $175,000 - nearly $55,000 more than last fiscal year's legal expenses.

While legal costs include reviewing business and construction contracts and working with the Board of Regents, lawsuit costs have played a role in this year's increase, said Del Mar College Vice President of Business and Finance Joe Alaniz.

"At one time we were kind of mellowed down a little bit," Alaniz said. "I think (lawsuits are) picking up now."

Both Alaniz and the college's outside attorney, Augustin Rivera, said they did not know the exact number of suits currently filed against the college. The U.S. District Court database lists five cases against the college dating from March 2001 to the present.

The budgeted rise in costs is a shifting trend from earlier in the decade. Legal expenses for the 2004-05 fiscal year, which runs from September through August, were $104,585.

In the November 2004 to October 2006 time period, litigation accounted for the largest amount of expenses - $61,285. The next largest amount, $38,613, went toward legal counsel at Del Mar College Board of Regents meetings and for other board duties such as counsel for board election duties.

Alaniz estimated litigation made up about 50 percent of legal expenses in the 2005-06 fiscal year.

At least two suits are pending against the college, with two recently settled:

# Theresa Cox, the college's former equal opportunity/affirmative action, equity, access and compliance director, filed a lawsuit in Travis County against the college last July, alleging she was unfairly demoted after she began procedures to investigate a student complaint.

# Former criminology instructor Alberto Benitez filed a district court suit against the college in September 2005, charging he was unjustly terminated after he supported a student's charge of racial harassment. The student, Melody Lopez, filed a suit along with Benitez at the same time. The suits were dismissed last month.

# Former student Shari Parker filed a lawsuit against the college in district court last September, charging she was sexually harassed by college President Carlos Garcia.

Alaniz said the Benitez-Lopez suit played a role in budgeting for this year's legal expenses. The school's total 2006-07 budget is $83.4 million.

"We knew we still had the Benitez lawsuit in progress," Alaniz said. "We did not know what additional cost would be involved."

Alaniz said the college's legal expenses decreased after the college hired In-house Counsel Michael Westergren in August 2004. Del Mar College Board of Regents President Chris Adler said Rivera handles most litigation issues and open records requests. Adler said these requests have numbered at least 100 each year for the past three years.

"We respect people's right to question us, but it's going to take a lot of time and a lot of money," she said.

Adler said Westergren works as a mediator, while Rivera advises college officials on legal issues and issues pertaining to regents board meetings and elections.

"He is our authority on election law," Adler said. "He gives us constant updates on statutes to make sure we're doing things right."

College officials would not give specific amounts for how much a single dispute can cost the school, but a district court transcript of a September phone meeting between U.S. District Judge Hayden Head Jr. and both plaintiff and defendant attorneys reveals some details of what college officials did to put the case behind them.

Benitez settled with the college in September; Lopez settled the next month. Head signed an order of dismissal on Dec. 21 for both suits.

In the transcript, Head asks Del Mar attorney Ricardo Morado about the college's settlement offer.

"We have close to doubled our original offer and have based an offer on realistic data which we can back up," Morado replies.

The varied sizes and budgets of community colleges makes comparison to others' legal expenses difficult, Alaniz said.

Del Mar College's fall 2006 enrollment, 11,356, is almost 3 1/2 times larger than Coastal Bend College's enrollment, 3,255. Coastal Bend's 2006-2007 budget for legal expenses is $30,000; the amount spent in the 2005-2006 fiscal year was $26,925.48.

For Rivera's services, Del Mar College pays the local firm of Dunn, Weathered, Coffey, Rivera, Kasperitis & Rodriguez - which received $90,312.41 in the 2005-2006 fiscal year.

Between November 2004 through October 2006, the Dunn, Weathered, Coffey, Rivera, Kasperitis & Rodriguez firm earned $158,726.39 from the college. That includes the first two months of the current fiscal year, September and October, during which the college paid the firm $24,896.08.

Alaniz said officials can only estimate how much pending suits will cost the college. Adler said some litigants see filing suits as a way to get even and make money.

"People in this society have a tendency to file frivolous lawsuits," she said. "Whether it's frivolous or legitimate, we have a responsibility to defend the college."

Contact Israel Saenz at 886-3767 or saenzi@ caller.com


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
okay israel i guess the "baker Botts report is technically on 5th
books as "a special as investigation" but the 104k bill was paid as a result of "legal" costs!

Monday, January 15, 2007

"It can range from a misdemeanor to a felony, depending on what the investigation shows," Valdez said.

"I don't think students realize how powerful they are, and I want them to realize that," Garcia said.


Del Mar regent's residency probed

Documents raise questions about Garcia's eligibility

By Israel Saenz Caller-Times
January 10, 2007


The District Attorney's office is investigating newly elected Del Mar College District 1 Regent Linda Garcia's residency qualifications to run last year for the office.

District Attorney Carlos Valdez said he has received documents from former District 1 Regent Gabriel Rivas regarding Garcia's residency that raise questions as to whether she was eligible to run for the seat.



While one document - an application for candidacy with Garcia's name on it - states that she had lived in District 1 for one year, a copy of a statement of residence in Valdez's possession lists her address as being in Kingsville. The application for candidacy is dated Aug. 29, 2006. The statement of residence is dated March 3.

"They can't both be true," Valdez said.

While state election code states that candidates must be residents of the area they would represent six months prior to the filing deadline, education code regarding junior college elections does not specify a time requirement for residency.

Valdez said he will seek an opinion from the attorney general on the discrepancy. Valdez said the attorney general will have six months to issue an opinion, and that his office has contacted Garcia, who defeated former board President Rivas for the seat on Nov. 7.

Garcia could not be reached for comment Tuesday. Her attorney, Robert Heil, said her candidacy for the seat was legal.

"I'm confident that any investigation will not provide anything against her," Heil said. "If charges are brought, we'll deal with them one at a time."

Heil said he had not seen the statement of residency document and would not comment on it.

Joe Alaniz, Del Mar College vice president of business and finance, said the college adheres to state code in board elections. Alaniz also serves as administrator for regent elections.

According to state election code, Garcia would have had to have been a resident of District 1 in the beginning of March to be eligible for the seat.

Alaniz said matters asserting the validity of a candidate usually are handled by the district court, and that if a vacancy were to occur, the board would have to appoint a replacement, who would stay in office until the seat is up for election.

There are nine seats on Del Mar College's Board of Regents - the governing body that decides college policies, sets the tax rate for residents living in the college's district, sets tuition costs for students at the college and appoints the college's president.

The Del Mar College district is made up of the Corpus Christi, Flour Bluff, Tuloso-Midway, Calallen and West Oso independent school districts.

Rivas was the board's president before being unseated by Garcia. Her brother, former Del Mar criminology instructor Alberto Benitez, filed a lawsuit against the college in September 2005, stemming from allegations of unjust termination. The case since has been settled, said Heil, who also represents Benitez. Heil would not disclose the terms of the settlement.

Garcia was sworn into office Nov. 19 by a notary public official - weeks ahead of the board's planned Dec. 12 swearing-in ceremony for all newly elected candidates.

Valdez said he will not decide what action to take until he receives the attorney general's opinion. He would not say whether he would pursue a criminal case against Garcia if she is found to have listed false information on any of the documents.

"It can range from a misdemeanor to a felony, depending on what the investigation shows," Valdez said.

Valdez said he will continue to review information on Garcia's residency before sending it to the attorney general's office

"Any decision on how to proceed will be made after we receive some information from the (attorney general's) office," Valdez said. "First we have to resolve the conflict within the law."

Contact Israel Saenz at 886-3767 or HYPERLINK mailto:saenzi@caller.com saenzi@caller.com

"It can range from a misdemeanor to a felony, depending on what the investigation shows," Valdez said.

"I don't think students realize how powerful they are, and I want them to realize that," Garcia said.


Del Mar regent's residency probed

Documents raise questions about Garcia's eligibility

By Israel Saenz Caller-Times
January 10, 2007


The District Attorney's office is investigating newly elected Del Mar College District 1 Regent Linda Garcia's residency qualifications to run last year for the office.

District Attorney Carlos Valdez said he has received documents from former District 1 Regent Gabriel Rivas regarding Garcia's residency that raise questions as to whether she was eligible to run for the seat.


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While one document - an application for candidacy with Garcia's name on it - states that she had lived in District 1 for one year, a copy of a statement of residence in Valdez's possession lists her address as being in Kingsville. The application for candidacy is dated Aug. 29, 2006. The statement of residence is dated March 3.

"They can't both be true," Valdez said.

While state election code states that candidates must be residents of the area they would represent six months prior to the filing deadline, education code regarding junior college elections does not specify a time requirement for residency.

Valdez said he will seek an opinion from the attorney general on the discrepancy. Valdez said the attorney general will have six months to issue an opinion, and that his office has contacted Garcia, who defeated former board President Rivas for the seat on Nov. 7.

Garcia could not be reached for comment Tuesday. Her attorney, Robert Heil, said her candidacy for the seat was legal.

"I'm confident that any investigation will not provide anything against her," Heil said. "If charges are brought, we'll deal with them one at a time."

Heil said he had not seen the statement of residency document and would not comment on it.

Joe Alaniz, Del Mar College vice president of business and finance, said the college adheres to state code in board elections. Alaniz also serves as administrator for regent elections.

According to state election code, Garcia would have had to have been a resident of District 1 in the beginning of March to be eligible for the seat.

Alaniz said matters asserting the validity of a candidate usually are handled by the district court, and that if a vacancy were to occur, the board would have to appoint a replacement, who would stay in office until the seat is up for election.

There are nine seats on Del Mar College's Board of Regents - the governing body that decides college policies, sets the tax rate for residents living in the college's district, sets tuition costs for students at the college and appoints the college's president.

The Del Mar College district is made up of the Corpus Christi, Flour Bluff, Tuloso-Midway, Calallen and West Oso independent school districts.

Rivas was the board's president before being unseated by Garcia. Her brother, former Del Mar criminology instructor Alberto Benitez, filed a lawsuit against the college in September 2005, stemming from allegations of unjust termination. The case since has been settled, said Heil, who also represents Benitez. Heil would not disclose the terms of the settlement.

Garcia was sworn into office Nov. 19 by a notary public official - weeks ahead of the board's planned Dec. 12 swearing-in ceremony for all newly elected candidates.

Valdez said he will not decide what action to take until he receives the attorney general's opinion. He would not say whether he would pursue a criminal case against Garcia if she is found to have listed false information on any of the documents.

"It can range from a misdemeanor to a felony, depending on what the investigation shows," Valdez said.

Valdez said he will continue to review information on Garcia's residency before sending it to the attorney general's office

"Any decision on how to proceed will be made after we receive some information from the (attorney general's) office," Valdez said. "First we have to resolve the conflict within the law."

Contact Israel Saenz at 886-3767 or HYPERLINK mailto:saenzi@caller.com saenzi@caller.com

Garcia takes Del Mar board seat early, legally, why wait ???? quit wasting time!!!!!!!!

"I don't think students realize how powerful they are, and I want them to realize that," Garcia said.


Garcia takes Del Mar board seat early

Removal of Rivas before normal time legal, regents decide

By Israel Saenz Caller-Times
November 28, 2006


Linda Garcia said with the issues Del Mar College is facing,

she could not wait until next month to take her place as the college's newly elected District 1 regent.


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After taking her seat at a called board meeting last week, Garcia said she now is focusing her efforts on learning more about student and faculty concerns.

"I plan to fight for students' rights," the substitute teacher said. "Del Mar enrollment has been going down. If we fight for their rights, it will go up."

Garcia - whose brother has litigation pending against the college - said she is preparing herself for the role by speaking with students and faculty about their concerns. Garcia took her place on the board during last Tuesday's meeting after having a notary public official swear her into office the previous day, the same day Del Mar officials canvassed the Nov. 7 election votes.

Other board members, including former District 1 regent Gabriel Rivas, recessed the meeting, then returned and invited Garcia to take her seat. Rivas, also the former board president, subsequently stepped down.

"This is not done too often," Rivas said. "But we determined that she had been sworn in. Laws were followed."

Officials had not planned to swear in regents-elect until the next regular board meeting on Dec. 12, when other incoming regents James Boggs and Elva Estrada still are set to be sworn in. The board also will select officers on that date.

"I didn't think it was right for them to make decisions without elected regents present," Garcia said.

Garcia said the civil rights agenda hits close to home for her. Her brother, former Del Mar criminology instructor Alberto Benitez, filed a lawsuit against the college in September 2005. Benitez alleged college officials unlawfully terminated his employment after he supported a student's claim of racial harassment.

Benitez's lawsuit is in settlement talks, Del Mar attorney Augustin Rivera said. Garcia said she would recuse herself from any board votes pertaining to her brother's case.

Along with the swearing-in of Boggs and Estrada, new regents at the Dec. 12 meeting will receive information packets to inform them of other upcoming agenda items.

The regents board sets the college's policies and tuition,

as well as the tax rate for the

Del Mar College District,

made up of the Corpus Christi, Flour Bluff, Tuloso-Midway, Calallen and West Oso school districts.

Contact Israel Saenz at 886-3767 or HYPERLINK mailto:saenzi@caller.com saenzi@caller.com

"I hope they come together," he said. "New board members have a learning curve, and they learn what their role is. Hopefully they can do what's best..

"I don't think students realize how powerful they are, and I want them to realize that," Garcia said.


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Del Mar regents shocked at results

Linda Garcia's win in Dist. 1 surprises all, including Garcia

By Israel Saenz Caller-Times
November 9, 2006


She was the only Del Mar College Board of Regents candidate absent from a recent question-and-answer session. Regents Bill Martin and Haysam Dawod said they do not know what she looks like.

Newly elected regent Linda Garcia, the sister of a plaintiff with litigation pending against the college, said even she was surprised she unseated Board of Regents President Gabriel Rivas in Tuesday's general election in District 1.


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"I'm speechless," said Garcia, a substitute teacher. "Students felt there was a need for change."

Garcia and two other regents will be sworn in Tuesday at the next board meeting, where regents also will elect new officers. Architect James "Jim" Boggs won the District 5 unexpired term vacated in July by Bill Chriss, and retired public school administrator Elva Estrada unseated former board president Olga Gonzales in District 3.

Gonzales had served on the board since 1994. Chriss was elected in 2004.

Nine regents set the tax rate in the Del Mar College District, which comprises the Corpus Christi, Flour Bluff, Tuloso-Midway, Calallen and West Oso school districts. Regents also appoint the college's president and determine college policies and tuition rates.

Garcia won with 54 percent of the votes to Rivas' 45 percent. Her brother, former criminology instructor Alberto Benitez, filed a lawsuit against the college in September 2005, alleging college officials unlawfully terminated his employment after he supported a student's claim of racial harassment.

Garcia declined to comment on her brother's case - which is in settlement negotiations - but said the case compelled her to run for the seat. Protecting students' civil rights will be one of her top priorities, she said.

The shock of Garcia's win sank in with other regents Wednesday, as well as with her opponent.

"I'm a little surprised," said Rivas, who owns a local photography business. "I wasn't able to pull it off. Voters determined who they wanted."

Dawod, an at-large regent, said Rivas' defeat is a loss for the college.

"He was the hardest working regent on the board," Dawod said. "I'm saddened for Gabe, but of course I look forward to working with who is now on the board."

Garcia, who holds a bachelor's degree in radio/television communication and a master's degree in psychology from Texas A&M University-Kingsville, said she plans to educate herself on issues critical to the college.

"I don't think students realize how powerful they are, and I want them to realize that," Garcia said.

Rivas, who was elected as regent in 2000, said the only way the board can work together is by being united.

"I hope they come together," he said. "New board members have a learning curve, and they learn what their role is. Hopefully they can do what's best for the college."

Contact Israel Saenz at 886-3767 or HYPERLINK mailto:saenzi@caller.com saenzi@caller.com