Almost eight months after the termination of former Community Services Director Len Cata, the city of Española is still paying the price for his alleged fraudulent baseball purchase order. A paid invoice report stated the city paid for $5,950 worth of baseball equipment Oct. 30.
An invoice from BSN Sports stated the city was 120 days past due for the equipment and had accrued $393 in interest. As of Oct. 31, the city had only paid the value of the equipment.
In email correspondence between interim city manager Joe Duran, Administrative Services Director Joyce Sandoval, City Attorney Frank Coppler and Procurement Officer Georg-Ann Salazar, Duran admitted the expense needed to be paid.
“In discussing the matter with the (city attorney), clearly Len Cata was representing the (city during) the purchase,” Duran states. “It is evident that the (city) will eventually be required to pay for the merchandise it received including additional charges.”
Previous Rio Grande SUN reports stated the city was responsible for the costs of the equipment because BSN Sports’ policy doesn’t allow returns for partial orders or used equipment.
Duran said the city spent the four months between the invoice and the payment trying to convince BSN Sports to accept just the cost of the restocking fees. When BSN Sports wouldn’t budge, the city buckled and paid the cost of the original equipment. Duran said the city will continue to negotiate with BSN Sports to pay off the interest.
As the city completes payments for mits, caps and baseballs it never wanted, the equipment currently sits in an evidence locker at the Española Police Department. Duran said it will sit in those lockers until the criminal case against Cata is done being investigated.
Once the case is resolved, Duran said the city will try to recoup at least some of the money spent.
“At this point, we have our losses,” he said. “Depending on the outcome of the case, I’m hoping the city will get the equipment and declare it surplus and put it to auction.”
The city could also recoup their losses if the case goes to trial and a judge orders Cata to pay the city back. But Duran isn’t holding his breath.
“What does (Cata) have to give?” he said.
Cata drew the attention of local officials when the city discovered he had changed a Jan. 29 purchase order for equipment for the proposed Industrial Park Road softball fields. After the purchase order was approved, Cata allegedly removed an order for bleachers and replaced it with baseball equipment.
The baseball equipment eventually ended up at Española Valley High School, where Mayor Alice Lucero’s brother is head baseball coach. High school and Española School District officials denied any wrongdoing or knowledge of the circumstances surrounding the order. Multiple Española Valley coaches said Cata approached them and offered the equipment unsolicited, telling them city donations to local schools was common practice.
Duran launched an internal investigation when a BSN Sports representative called his office requesting Cata return the representative’s calls.
Duran terminated Cata on April 10 and his decision was finalized by the City Council during an April 22 meeting.
Meanwhile, the criminal investigation into Cata’s financial activities while he was community services director remains ongoing.
“The case hasn’t gone cold and is still open,” Public Safety Director Eric Garcia said.
Garcia said the Española Police Department turned over information to the State Auditor’s Office and State Police. Garcia said he’s in contact with the Auditor’s Office twice a month regarding the case. The criminal case was opened in April.
Garcia said the process could take up to a year to a year-and-a-half to conclude, as the State Auditor pores over all of Cata’s expenditures during his time as a city employee. Garcia said thoroughness is a necessity when it comes to a case with thousands of dollars involved.
“We just want to make sure the facts are straight,” he said.