"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