DVISD board member out after homestead exemption filing 'error'
DEL VALLE, Texas (KXAN) – The Del Valle ISD School Board said Wednesday there was a vacancy on the board after a member filed homestead tax exemption paperwork in another district.
According to the district, the trustee for the district 2 seat, Damian Pantoja, vacated the seat when he "filed a sworn statement of residency in Austin ISD in order to obtain a homestead exemption which he received." Under Travis County Appraisal District rules, a homestead exemption must be filed for a person's primary residence.
Since Pantoja filed his exemption paperwork in an area that fell under the AISD jurisdiction, he "immediately and automatically ceased holding office in Del Valle ISD," according to the district.
Through a statement issued by his attorney Bill Aleshire, Pantoja said he is a "firm believer in accepting the results of one's actions," acknowledged not seeking professional advice and added "my error has given my opponents the opportunity to have me removed."
Pantoja called for the Board of Trustees to call a special election to fill the remaining year and six months of the term instead of having the school board choose a replacement. He added "that choice is what the voters of SMD 2 are entitled to. I remain committed to the people of SMD 2 and will not stop championing for them."
Aleshire told KXAN, "At the earliest opportunity, Mr. Pantoja will ask the voters of District 2 to return him as their representative on the DVISD Board."
At the Del Valle ISD Board of Trustees meeting on June 20, trustees voted to acknowledge a Trustee vacancy in Single Member District 2. According to a statement from Del Valle ISD counsel which cited Texas Education Code and a case that set a legal precedent, the district "was not required to 'remove' Pantoja or seek any court action."