SAN ANTONIO — A Bexar County Committee Chairman has been dismissed after he reportedly called a county commissioner a derogatory name.
On July 10, Edward Pape a subcommittee member of the Small Minority and Women-owned Business Enterprise (SMWBE) advisory committee, overheard the chair, Chris Forbrich, refer to Bexar County Commissioner Rebeca Clay-Flores as a "crusading [derogatory term]."
Pape recounted what he had heard in a letter that he sent to Bexar County Judge Peter Sakai, stating "that if this type of behavior is seen as acceptable or otherwise tolerated," he would not wish to remain a member of the SMWBE.
"That letter was notarized and sworn to and given to my attention," Sakai said. "It alerted me what the circumstances were, the complaint, the outrage that was from this particular language used. It was verified by the director of the department who also submitted a sworn notarized statement to me."
On Tuesday, Bexar County Commissioners voted to remove Forbrich from his voluntary position as chair. Forbrich tells KENS 5 he had volunteered on the committee for ten years.
Forbrich defended himself before the decision was made, arguing his language in that “private conversation” was a form of protected political speech.
“Well I think there is a learning opportunity here to have a discussion with what protected political speech in the context of a private citizen in a private conversation that may be in the public square I'm not prepared to have that because I have not had due process to prepare," he said.
He also stated he did not receive timely notice of Tuesday’s hearing, asking Sakai for an extension so he could have time to respond to the accusations.
"I think some people may have heard things they wanted to hear rather than what was actually said, but I didn't get the opportunity to read their comments and go through it in official capacity," Forbrich told KENS 5 on Wednesday. "There's no judge that takes hearsay as evidence. There is no fair jurist that would accept hearsay as evidence without giving someone the chance to respond. And that's what Judge Sakai did."
Sakai stands by his decision to remove Forbrich as a board chair, and rejects the claim that what was said by Forbrich falls under free speech.
"I'm a 26 year district court judge," he said. "I understand the rule of law. I understand the First Amendment. I will just say that I have a First Amendment right to ask for a dismissal of any employee, board member that uses that word. That's my right , and I asserted it."
Clay-Flores thanked Sakai after the vote for his swift action against Forbrich.
"This vote and the leadership of Judge Sakai speaks that this county will not tolerate sexism or verbal abuse," she said. "An appointee representing the county, as well as employees, shall conduct themselves professionally. The national rhetoric lends itself for racism, sexism, classism, and violence. But not in Bexar County."
Forbrich did tell KENS 5 that he is currently consulting with an attorney about the removal.
The Small, Minority and Women Owned Business Enterprises advisory committee is made up of 15 members, with three members appointed by each member of the Commissioner's Court. Forbrich's position as board chair was voluntary.
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