Opening

Statements

Benny Martinez
Opening
● This is the darkest point of my life
My constitutional rights have been violated
I was simply advocating for the constituents of Leon Valley
I have never sexually harassed, assaulted, or abused anyone
3.12 Hearing

This hearing violates my constitutional rights

Purpose: persecuting me

Designated Officer:

“If the Respondent is a member of the City Council as defined under the Charter,
then the Designated Officer shall be appointed by a majority vote of those
members of the City Council entitled to deliberate and vote under the Charter.”
 3.12 Hearing

§1.04.006 Code of Ordinances (The 3.12 Procedures for Leon Valley)

Designated Officer:

“Shall be an attorney or law firm which is not employed by the city and does not
have any active representation of the City in order to promote neutrality in the
process and a disinterested investigator.”
Placeholder - Video 1
 April 16, 2019

Illegal City Council Meeting

Ryan Henry stated that it would be okay if only 2 council members on the dais
were present to conduct city business
Without 2 readings (which is required per Leon Valley Charter), 2 council
members passed procedures for 3.12 Hearings
Also set date for 3.12 Hearing on April 30, 2019
Temporary Restraining Order
Granted
Illegal City Council Meeting

Ryan Henry stated that it would be okay if only 2 council members on the dais
were present to conduct city business
Without 2 readings (which is required per Leon Valley Charter), 2 council
members passed procedures for 3.12 Hearings
Also set date for 3.12 Hearing on April 30, 2019
3.12 Hearing

● This entire hearing is a violation of my due process rights

by creating a constitutionally intolerable appearance of
partiality

Hearte v. The City of Lonestar Texas, et al.

 Due Process
“Some Kind of Hearing” - Judge Henry Friendly

1) An unbiased tribunal
Notice of the proposed action and the grounds asserted for it
Opportunity to present reasons why the proposed action should
not be taken
The right to present evidence, including the right to call
witnesses
The right to know and inspect opposing evidence
The right to cross-examine adverse witnesses
A decision based exclusively on the evidence collected
Opportunity to be represented by counsel
Requirement that the tribunal prepares a record of the evidence
presented
Requirement that the tribunal prepares written findings of fact
 Due Process

● No possibility of “unbiased tribunal”

○ Billing statements from Ryan Henry show:
■ At least 96 minutes of discussion between Monica Alcocer and Mr. Henry
■ At least 162 minutes of discussion between Catherine Rodriguez and Mr.
Henry
■ 0 (zero) minutes of discussion between Will Bradshaw and Mr. Henry
● No cross examination of adverse witnesses allowed in Kangaroo Court
● Not allowed to have counsel represent me (they can only give advice)
● Not allowed to know and inspect all opposing evidence
3.12 Hearing
● This hearing violates my 1st, 5th, and 14th amendments
Ryan Henry does not meet qualifications of “Designated Officer”
Was not employed by majority vote of those members entitled to deliberate and
vote
Is currently employed by city (“Conflict counsel”)
Does/did have active representation in the city (retained by City Manager for
TRO Hearing)
Councilors Alcocer and Charles have proven they are not unbiased

Move hearing to district court?

 Sarah Smart

Expert Witness, Friend of

Benny
Legal Analysis and
Implications
Alleged
Complaints/
Charges

Benny Martinez
Yvonne Acuna
Yvonne Acuna
Yvonne Acuna
Yvonne Acuna
 Attorney Ryan Henry’s report included
fabricated and embellished statements.

How much of Ryan Henry’s report

includes inaccurate statements?
Allegations by Acuna

None of the allegations outlined by Ms. Acuna are accurate with

my character or the way I act.

However, I will not place blame her for misunderstanding the implications
associated with someone who suffers from Ptosis following a cornea transplant
40 years ago.
Catherine Rodriguez
Section 7.02 General Provisions

A. No person shall be appointed to or removed from or in any way favored or

discriminated against with respect to any City position or appointive City
administrative office because of race, national origin, sex, political or
religious opinions or affiliations.

This section clearly does not apply to an elected

official.
(therefore, could NOT apply to Catherine Rodriguez)
Section 3.08 Vacancies, Forfeiture of Office,
Filling of Vacancies
“If a member of City Council violates any provision of this section and
does not immediately resign, the City Council may conduct an
investigation and hearing pursuant to Section 3.12 of this Charter to
determine if the office holder is in violation of this section. The hearing
shall be held within sixty (60) days of the City Council, as a body,
learning of the alleged violation.”

This section requires hearings to be

held 60 days after alleged violation.
(March 15th is 124 days ago)
Initial Complaints Sent to Kelly

● We discussed 3 complaints:
National night-out at Tail Waggers
Allegation: Benny asked if I “cared to take a bath”
November 20, 2018
City council meeting - Catherine claims Benny was “stroking my hand”
December 3, 2018
Christmas Tree Lighting - Claims Benny stood too close
Interview with Ryan Henry Regarding
Complaints
● Morphed into 11 Complaints
Treating her in sexually suggestive manner
Too many lunch invitations
Invade personal space
Subtle innuendos
Shaking people’s hands
Different voice inflections
“Undressing me” with his eyes
Touch her whenever he could control the scene
Destroyed previous friendship with Pat Martinez, Benny’s wife
NNO - Asked to take bath
Christmas Tree Lighting - stood too close
Where Catherine alleges I stated:
“Want to take a bath?”
DSC05072
DSC05073
 Attorney Ryan Henry’s report included
fabricated and embellished statements.

How much of Ryan Henry’s report

includes inaccurate statements?
Brandon Melland
Allegation: “Gave orders: Demanding
creation of documents and information that
did not previously exist in relation to a
Texas zoning matrix for RLUIPA”
●Leon Valley City Charter Section 3.09 (D) :

“No member of City Council shall interfere with the City Manager in the
performance of the duties of that office.”

“Except for the purpose of inquiry and investigations, the City Council
and its members shall deal with the city staff solely through the City Manager”
Allegation: “Gave orders: Demanding
creation of documents and information that
did not previously exist in relation to a
Texas zoning matrix for RLUIPA”
● January - > sent inquiry email to Kelly for information
pertinent to Council decisions
Kelly chose to not respond; approximately 2 weeks passed
Resent email on January 31 to Kelly
She responded → next slide
Allegation: “Gave orders: Demanding
creation of documents and information that
did not previously exist in relation to a
Texas
“I have not zoning matrix
sent you a response for RLUIPA”
yet because the questions posed below are
requiring a lot of staff research and time, with an already taxed staff. I am going
to give you what we have done below so at least you have partial answers to
your questions – these are answers to questions 3 ,4, 5 & 6. In addition to these
answers,
Brandon is going to attempt to have the answers for questions 1 & 2 on or before
the workshop on Monday evening. Thanking you in advance for your patience.
Respectfully,
Kelly”
Allegation: “Demanding staff to collect
information not contained within City
records and not requested by Council in
relation to a zoning notification mailer”
● Council Meeting on December 18, 2018
b.(i)
b.(i)
Pastor Herman Price

Pastor - St. John Baptist

Church
Zoning Issue
Allegation: Directly interfering with staff’s
ability to issue permits relating to a special
use permit involving George Morehouse
Certificate of Occupancy/ Specific Use
Permit Matter
● Per Charter Section 3.09 (C)
Making inquiry to Kelly Kuenstler related to complaint received
from Bobby Anderson
Related to permitting of Mr. Moorehouse’s commercial space
This is a constituent service
I was elected to do this!
Allegation: Directly interfering with staff’s
ability to issue permits relating to a special
use permit involving George Morehouse
Certificate of Occupancy/ Specific Use
Permit Matter
Complete contradiction between what Brandon stated during the
meeting and what Bobby Anderson and Mr. Moorehouse stated

Mr. Morehouse was upset because he was required to wait an additional 45-60
days to open his business
According to Mr. Moorehouse and Bobby Anderson, Brandon originally told
them there would be no need for a SUP (special use permit)
 Bobby Anderson

Property Manager
Multiple commercial properties in Leon
Valley
Allegation: Directly giving staff instructions
to staff to be business friendly as noted in
Martinez email dated February 12, 2018

● These are recommendations and suggestions

I did not say “I command you” or “You MUST”
I advocate for the constituents of the city, including
businesses contained within it
Allegation: Directly giving staff instructions
to staff to be business friendly as noted in
Martinez email dated February 12, 2018
● “the city needs to do everything possible to help them”
“we need to encourage them”
“I mentioned that we need to portray a business friendly environment”
“I said a quick review of an application should be performed”
“The customer should be told”
“They should have informed them”
“Staff recommending denying applications is not “business friendly”

These are recommendations and suggestions

Recommendations and Suggestions ≠ Giving Orders
Allegation: Directly interfering with staff by
demanding they administratively approve
permits to be business friendly, as noted by
former employee Nina Nixon-Mendez in her
February 12, 2018 letter
● I never demanded for anyone to approve permits for any reason
I questioned why the community development director would
suggest denial of special use permit, if they were helping businesses
in the area
Nina Nixon-Mendez has many inaccurate statements in her letter,
which likely might be written due to anger and frustration with
having a poor manager, poor policies
Allegation (Brandon’s Statement):
Intentionally undercutting Melland’s
authority in public in order to disrupt the
Community Development Department,
including passing notes to Monica Alcocer
when Brandon is speaking to create an
intentional distraction
Placeholder - Video 2
Allegation: Intentionally undercutting
Melland’s authority in public in order to
disrupt the Community Development
Department, at an operational level at the
Council meeting
● This allegation ofCharter
contains no December 18,
violations, no 2018
policy violations, and no
wrongdoing (in the event it was true, which it is not)
This is a false statement, as I am allowed (and should) ask questions form
the community development director
- Brandon attempts avoiding answering questions
Mr. Melland comes poorly prepared for meetings, and then attempts to
pass blame to the people elected to run the city when they ask him
questions (so his boss, Ms. Kuenstler does not question his lack of
preparation)
Allegation: Ordered Melland to amend his
design manual to include language Martinez
wanted in the manual
● This was not an order
I did not say “I command you” or “You MUST”
My communication were recommendations and
suggestions related to an item that was subsequently
approved by Council
Added text for amateur radio frequencies to final manual
Placeholder - Video 3
Witnesses
Denise Frederick
Allegation: That Martinez interfered with,
gave orders to, or undermined the authority
of Denise Frederick, without going through
the city Manager, in relation to public right-
of-way definitions as well as RLUIPA issues
● All emails were sent to city manager and mayor
Never gave orders
- Simply voiced concerns, opinions, beliefs of my constituents
- Advocating ≠ Giving Orders
Allegation: That Martinez interfered with,
gave orders to, or undermined the authority
of Denise Frederick, without going through
the city Manager, in relation to public right-
of-way definitions as well as RLUIPA issues
● The need to conduct constituent relations is based on
the principle of public service
Constituents are citizens whom a legislator has been
elected to represent
Allegation: That Martinez interfered with,
gave orders to, or undermined the authority
of Denise Frederick, without going through
the city Manager, in relation to public right-
of-way definitions as well as RLUIPA issues
● Though a licensed attorney can legal advice, there is a distinction
between “legal advice” and “legal information”
Any person can recite legal information
Every person, including citizens and council members, are entitled
to the ability to express their opinions and beliefs on city issues
Allegation: That Martinez interfered with,
gave orders to, or undermined the authority
of Denise Frederick, without going through
the city Manager, in relation to public right-
of-way definitions as well as RLUIPA issues
● Denise frequently giver her personal opinion and take on issues,
including items in which no legal opinion is needed
I never violated any part of the City Charter
“interfer[ing] with” and “undermining” is not against the Charter, even if it
were true
I did not ever give any orders to Denise such as “You must” or “I demand
that you...”
Officer Jo Ann Azar
Allegation: Officer Jo Ann Azar’s complaint that
Martinez publicly interfered with the City
Manager’s authority and the authority of the
police chief by challenging the decision to wand
individuals entering city hall in front of other
members of the public
● This was not an order; was not a Charter violation
I did not say “I command you” or “You MUST”
I submitted myself to the wanding
I am allowed to question policy implementation regarding things
that are not approved by Council, as the Charter designates that
Council approves all policies (First Amendment rights cannot be
deprived from me, simply because I am an elected official)
Officer Jorge Breton
Allegation: Officer Jorge Breton’s complaint that
Martinez publicly interfered with the City
Manager’s authority and the authority of the
police chief by challenging the decision to wand
individuals entering city hall in front of other
members of the public
● This was not an order; was not a Charter violation
I did not say “I command you” or “You MUST”
I submitted myself to the wanding
I am allowed to question policy implementation regarding things
that are not approved by Council, as the Charter designates that
Council approves all policies (First Amendment rights cannot be
deprived from me, simply because I am an elected official)
Joseph Salvaggio
Allegation: Police Chief complaining about
complaints and questioning regarding wanding
policy at City Hall (not approved by City Council)

● This was not an order; was not a Charter violation

I did not say “I command you” or “You MUST”
City Council is responsible for creating policy
After complaints, police chief properly created new policy proposal
for wanding and submitted it to City Council for approval vote
I supported and voted for this new policy when it was
properly brought before the council
Allegation: Police Chief complaint about
“illegally carrying a weapon into City Council
chamber”

● 2016: new Texas law regarding concealed and open carry of

weapon
After law changed, many questions arose regarding carrying of
weapons into public buildings, such as City Halls
If I violated Texas’ laws, wouldn’t Chief Salvaggio have arrested me?

I did not ever carry a weapon in violation of Texas Laws

Allegation: Police Chief complaint regarding
that Mr. Martinez attempted to Dismiss Ticket
and Reduce Fees for impound

● I received a facebook message from Daren Chung

In the message, they complained about an incident in which a
vehicle was towed because the driver did not have a driver’s license
(though the vehicle was literally down the street from the house)
I passed this message to Kelly Kuenstler, via Facebook messenger
Kelly Kuenstler then took a screenshot of the message, and acted
as if it was my own writing, which it was not
Allegation: Pilgrim Cleaners - became involved
in the investigation regarding Pilgrim Cleaners
and Mr. Yarnell.
Executive Session - Ordering Chief to drop
criminal charges
● Did not ever violate charter or give an order
I did not say “I command you” or “You MUST”
Only made recommendations, suggestions, inquiries, and investigations
based on the requests of constituents I serve
According to email sent May 14, 2018 from James Wheat (Bexar County
District Attorney’s Office) – “I find no criminal violations to pursue”.
-Kelly states that she tried to have Texas Rangers look at investigation
THEY REFUSED
-Case should have been closed at this point
Allegation: involving himself and making official
statements in the Tribbles lawsuit which
undermines the City Manager’s authority to
●manage theviolate
Did not ever litigation
charter or give an order
I did not say “I command you” or “You MUST”
“Undermining” is not a violation of the charter, if it were true
Charter: City manager is responsible for execution of laws and
administration of city, not management of litigation (§1.01(B))
I was advocating for my constituents
This is why I was elected - represent THEM.
A private conversation to the chief asking “what can we do about
this?” is not an order, is not any type of “official statement”
I am entitled to exercise my First Amendment rights
Allegation: Questioning police chief regarding
property ownership and bandit signs along
Bandera Road
● Did not ever violate charter or give an order
I did not say “I command you” or “You MUST”
I was simply posing inquiries related to bandit signs and a particular
email Chief Salvaggio sent out
An email to the chief asking about property ownership is not an
order
A council person should ask questions and pose inquiries - not be
reprimanded for doing so
Allegation: Evading and resisting arrest

● There are two sides to every incident

Occured on July 29, 2017
I had invasive surgery on July 10, 2017 and was still healing
Originally, the police chief gave me a personal apology after this
incident and told me that it would be used for training officers in
future similar scenarios
 The Police Chief is consumed with the
politics and exerting his political opinion
frequently revolving around Leon Valley
politics
● Personnel Manual Section II - Political Activities
“May not engage in any political activity while wearing City
uniforms or driving a city vehicle”
“May not use city rank or title to assist any public official or
candidate in any election at any time”
Chief Salvaggio acknowledged receipt of the most recent version of
the Personnel Manual on October 16, 2018
The Police Chief is Consumed with the
politics and political pressures in Leon
Valley
Kelly Kuenstler
Placeholder - Video 4
 City of Leon Valley - City Manager
The Facts

● Kelly Kuenstler works for the city council

She is hired, and fired, by the city council based on what the people
of Leon Valley want/ need
I have NEVER told Kelly “you shall”, “you must”, or “you have to”
I have NEVER violated any portion of the City Charter
 City of Leon Valley - City Manager
The Facts

● I filed a complaint, with the City Mayor, against Kelly Kuenstler on

April 2, 2019
My complaint was never allowed to be acted upon, and I desired to
go to the media to attempt to mitigate the destruction to my
credibility and reputation that the city was doing to me
Kelly filed her complaint on April 17, 2019
- Who’s complaint really seems retaliatory in nature?
Allegation: February 28, 2018 Ordering the City
Manager to offer Andy Garcia different values in
order to keep him as an employee, which is in
direct violation of § 3.09 of the City Charter
● Did not ever violate charter or give an order
I did not say “I command you” or “You MUST”
Gave recommendations and suggestions to Kelly based on
information I received through one of my constituents
The city of Leon Valley has invested into Andy Garcia; the taxpayers
don’t want to invest in employees that turnover so quickly
Advocating is not “giving orders”
Allegation: February 28, 2018 Ordering the City
Manager to offer Andy Garcia different values in
order to keep him as an employee, which is in
direct violation of § 3.09 of the City Charter
Placeholder - Video 5
Placeholder - Video 6
Allegation: Directly interfering with staff’s
administrative role regarding the rewiring of
the library at or around October of 2018

● This was not an order; was not a Charter violation

I did not say “I command you” or “You MUST”
“Interfering” is not a violation, if it were true
I was making recommendations and suggestions
Allegation: After being advised not to make a
public statement prior to executive session on
April 2, 2019, Martinez publicly accused the City
Manager of unethical behavior, interfering with
her abilities to execute her duties in violation of
§3.09 of the City Charter
● I have First Amendment rights as a citizen, and as a member of the Council
Ryan Henry “advised me” to not make a statement
The job of any attorney employed or retained by City is to give opinions
and recommendations; they cannot limit my First Amendment rights. It is a
council member’s choice if they want to take said recommendations or legal
opinions.
There is nothing in Charter stating that I cannot speak
 Allegation: Directly countermining the City
Manager through the complaint filed, if the Council
were to determine the complaint was frivolous and/or
filed in retaliation for any actions of the city manager
in bringing the employee complaints to the Council.
This also includes the public references to the
complaint made in Martinez’ public statements on
April 16, 2019. See City Manager email dated April
● My complaint was regarding policies and procedures that were not followed and
16, 2019.
that Kelly oversteps the authority granted to her
I am legally allowed to file a complaint; it is not frivolous or filed in a retaliatory
manner
My complaint is substantiated with evidence and proof.
e.g. why did Kelly accept formal complaints from employees? This is a violation of
Personnel Policy A5, which dictates employees must give complaints to City Mayor
Allegation: Interfering and undermining the City
Manager’s Authority by interjecting in the
library rewire project. Councilmember Martinez
instructed Crystal Caldera to perform certain
tasks regarding AV equipment when Martinez
was complaining about BARCOM as the IT
support
● If this were true, “interfering” and “undermining” is not a violation
of the City Charter
Only gave recommendations and suggestions
Did not ever violate charter or give an order
I did not say “I command you” or “You MUST”
Allegation: April 03, 2018 - involving himself
and instructing the City Manager and Chief of
Police to be selective and individually enforce
the sex-offender registration requirements
● Did not ever violate charter or give an order
I did not say “I command you” or “You MUST”
These comments are related to the chief attempting to push through an
ordinance, by getting it voted on
I am allowed (and my constituents desire) that I aggressively inquire and
investigate the reasons and rationales behind such proposed ordinances
Police chief does not like to be questioned, so complains when he does
He would rather Council “rubber stamp” all of his proposed ordinances
without allowing for due diligence by Council members
Allegation: April 10, 2018 - ordering the Chief of
Police to issue citations for criminal violations,
undercutting the Chief’s authority and that of the
City Manager by injecting orders which invade officer
discretion and legal interpretations
● Did not ever violate charter or give an order
I did not say “I command you” or “You MUST”
Only made recommendations and suggestions based on input from
constituents I serve
Email regarding this issue was sent to Kelly (not to Chief Salvaggio)
She used her discretion to send it to Salvaggio
Allegation: Catherine Rodriguez’s complaint
against Martinez that she was sexually harassed
in violation of the City Charter’s prohibition on
sexual discrimination in her position. This would
only qualify as a §3.08 violation
● I did not ever sexually harass or discriminate against Catherine
Limited to 60 days for hearing to be held for Section 3.08 violations
Allegation: October 2018 - became involved in
the use of Barcom versus Artcom for IT services
or director
● Did not ever violate charter or give an order
I did not say “I command you” or “You MUST”
Only made recommendations, suggestions, inquiries, and investigations
based on the desires of constituents I serve
Advocating is not “giving orders”
Allegation: Interfered with the City Attorney’s
Office when Roxanne Cotroneo was present by
misquoting and even fabricating words regarding her
legal advice and interfering with the City Attorney’s
ability to provide accurate advice to the City Council.
See December 31, 2018 email. This also undermined
the City Manager’s authority to manage day-to-day
affairs as a misrepresentation to the City Manager of
● Attorney’s
the advicejob is to give their professional legal opinion
given.
We can choose to accept or not - this is a council person’s discretion
Even if true, none of these are violations of Charter
“Misquoting”, ‘fabricating”, “interfering” are not Charter violations
I have First Amendment rights
Allegation: December 19, 2019 - when informed
of the complaint filed by Frederick, Martinez
responded with a complaint against Frederick
stating she should not advice the city council
unless
● asked
I am legally a question
allowed to file complaint and express myself, just
as Frederick is
Was intending to file complaint on December 19 for several
weeks
Did not file in retaliatory manner
Complaint is substantiated and credible
Allegation: February 2018 - Complaint by
Felisha Novan, regarding SA Aquarium and
giving orders directly to staff
● Did not ever violate charter or give an order
I did not say “I command you” or “You MUST”
Only made recommendations, suggestions, inquiries, and
investigations based on the desires of constituents I serve
Advocating is not “giving orders”
Allegation: Martinez’s demand the investigator
assigned by the City Manager “cease all
investigation efforts” immediately on January
10,
● 2019 that Ryan Henry follow City Charter instead of making up rules
Demanded
and procedures independently (or only under direction of Kelly Kuenstler)
Kelly Kuenstler did not have the authority to employ Ryan Henry as
investigator
This is a City council decision
This is before I was required to file temporary restraining order, which was
granted
“In short, I demand that your investigation be terminated until such time as
the city council decides whether it should go forward and whether you
should conduct it”
Allegation: Violation of City Charter regarding
“citizens to be heard” portion of the special meeting
on April 16, 2018 at 8:00 PM as a deliberation in
violation of §3.12 of the City Charter. After being
advised such statements can be used against you,
you proceeded to deliberate through speaking under
the public comment section of the meeting
● My comments were not comments regarding any deliberation
Intended for the public
Did not expect, or desire a response to some rhetorical statements and
questions
Fully entitled to speak in accordance with my First Amendment rights
Did not violate any sections of City Charter
Allegation: Violation of City Charter regarding
“citizens to be heard” portion of the regular meeting
on June 4 at 6:00 PM as a deliberation in violation of
§3.12 of the City Charter. After being advised such
statements can be used against you, you proceeded
to deliberate through speaking under the public
comment section of the meeting
● My comments were not comments regarding any deliberation
Intended for the public
Did not expect, or desire a response to some rhetorical statements
and questions
Fully entitled to speak in accordance with my First Amendment
rights
Did not violate any sections of City Charter
Kelly stated in her statement that she received
a formal complaint from Catherine on December
12, and then gave complaint to Denise Frederick
on December 18. At this time, Denise told Kelly
that she has her own complaint for Benny
Martinez. According to Kelly’s testimony, she
then decided to reach out to Texas Municipal
League on December 18, who then guided her to
contact outside cousel (e.g. Ryan Henry).
Why would Kelly have told Catherine immediately
(on December 12) that she would contact TML?
Answer: Conspiracy.
Timeline of Events
Conclusion
● Though I do not receive any compensation for the service I provide
for the constituents in Leon Valley, I have many accomplishments in
my five (5) years on City Council, such as:
○ Library now open 7 days a week
○ Upgrades to audio and video technology at conference center
○ ½ percent increase in city employee pay in FY (fiscal year) 2019
○ Consistently advocate for people and businesses in Leon Valley
when they approach me with various issues
Conclusion
● Some people do not like the way I look, act, speak, question, write,
or behave
● The city, including the “prosecutor” named Ryan Henry, has failed
to prove, beyond a reasonable doubt, using specific examples or
evidence, that I have violated any provision of the Charter