The use of an iPad owned by the City of Lubbock has become a point of contention.

Ysidro Gutierrez, who is running as a Republican for the Lubbock County Commissioner, Precinct 3 seat in the November 6th election, says that District 1 Lubbock City Councilman Victor Hernandez has misused City property by posting political opinions to a social media site from the City-owned device.

The City of Lubbock has provided members of the Lubbock City Council with an iPad capable of 3G connectivity, and Hernandez says that he also uses the iPad for his law practice, personal use, political use, and city business.

In an email to Mayor Glen Robertson and Council members, Gutierrez said that as an attorney, Hernandez “is fully aware that use of taxpayer assets for partisan political purposes is not only unethical, but unlawful,” and requested that City Manager Lee Ann Dumbauld confiscate the device.

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Gutierrez also says that he plans to file a complaint against Hernandez with the Texas Bar Association.

In his email, Hernandez included Gutierrez’s email, as well as one that Hernandez says he had sent to City Attorney Sam Medina last Sunday, October 14th.

Hernandez has requested a legal opinion from Medina, a former State District Court Judge, as to his business and personal use of his cell phone, for which he receives a monthly stipend from the City, and the iPad, which was issued to him by the City.

Hernandez has not elaborated further on the issue. Gutierrez will face off against Democrat Bubba Sedeño in the election.