Jan. 26--Cameron County's arrangement with a consultant that assists District Attorney Armando Villalobos is under review by County Judge Carlos Cascos, who fears a possible conflict.

At Villalobos' request, Commissioners Court on April 30 awarded a one-year contract to longtime political consultant and pollster Dann Rivera to provide assistance with juror-profiles in death penalty cases and serious felony cases, according to the county's request for proposals.

Rivera also is to help with motions to transfer venue and assist, "with any other project deemed necessary for (the district attorney's) office."

But it's election season and Rivera has been doing consulting work for former Mayor Eddie Trevino Jr., who is one of the candidates seeking the Democratic Party's nomination in the March primary for county judge, public records show.

Cascos, the incumbent, is the one candidate seeking the Republican Party's nomination for county judge.

"I believe that there is an appearance of a conflict," Cascos said of Rivera having a contract with the county and doing political work also for candidates to county offices in the upcoming primaries.

In a statement released Monday, Villalobos said that he doesn't believe that there is a conflict with Rivera doing work for any candidates. "Mr. Rivera is similar to any vendor that does work with the county in that they can provide the same services to anyone else who is willing to pay for those services," Villalobos said.

"If he were to work on both sides of the same case, then I believe that would constitute a conflict of interest," Villalobos said. Villalobos also pointed out that the county's purchasing requirements and policies were followed and that Rivera had submitted the only proposal.

Villalobos said that an assistant district attorney cannot do the work that Rivera was contracted for because Rivera is assisting specifically on death penalty cases that have or could require him to testify as an expert.

Rivera's political work was discussed by Commissioners Court in April when he was contracted.

Minutes of the April 30 meeting reflect that Commissioner David Garza asked if there would be a conflict of interest if a county "elected official" wanted to hire Rivera for his or her political campaign.

According to the minutes, attorney Dylbia Jeffries-Vega said that there would be a conflict with a county elected official hiring Rivera if Rivera still had a contract with the county.

Cascos on Friday said he has requested a transcript of discussions on the issue to be sure that the minutes clearly reflect what transpired. Cascos said he wasn't sure if the talk also entailed discussions of whether or not it would be a conflict if Rivera work for a candidate, and not just an elected official.

Rivera, whose political consulting business is known as Victory Data, also has done political consulting work for county Court-at-Law No. 3 candidate David Gonzales III, a former assistant district attorney who left the District Attorney's Office Sept. 30, public records show.

Within days, however, and at Villalobos' request, the Commissioners Court on Oct. 5 hired Gonzales as a special prosecutor at $4,000 a month, public records show. The agreement is automatically renewed May 15 this year unless terminated by either Gonzales or the county.

Villalobos selected Assistant District Attorney Rene Garza to replace Gonzales as executive first assistant.

"However Mr. Villalobos asked me to continue in a part-time capacity until Mr. Garza was familiar with all pending projects and cases," Gonzales said Monday in a written comment.

"Victory Data was engaged early on. I would have to refer to my finance report to clarify the date; however, the majority of my contact with the consultant did not begin until this January," Gonzales said.

Gonzales' campaign report of contributions and expenditures reflects that he paid $2,500 to Victory Data on Dec. 23.

Rivera also does political consulting for District 43 State Rep. Tara Rios Ybarra and assisted state District Judge Arturo C. Nelson in his 2006 election bid for the 138th Judicial District bench.

Breakout:

The terms in the contract that Cameron County Commissioners Court entered into with Dann Rivera & Associates at the request of Cameron County District Attorney Armando Villalobos calls for the following:

-A set payment of $3,000 a month for one year from May 1, 2009 through May 1, 2010 for six hours a week of courtroom observation plus jury profiling, jury questionnaires, and shadow jurors. Additional work is billed at $55 an hour.

-An additional $3,900 plus expenses would be billed for telephone surveys if requested.

-An additional $2,900 plus expenses if mock trials are requested.

-An additional $1,550 for post verdict interviews if requested.

-Any requested travel outside of Cameron County costs 55 cents per mile plus room and board.

Source: Cameron County public records

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