TAKING ACTION, GETTING RESULTS

Practice Overview

Federal Law Enforcement (MSPB)

Mr. Garcia has more than 15 years of experience representing Federal Law Enforcement Officers. For 13 years he served as the General Counsel to the National Border Patrol Council (NBPC) Local 3307 (Rio Grande Valley Sector). Over the years he has assisted Federal Officers/Agents in numerous internal investigations, critical incidents, officer involved shootings, death in custody incidents and charges of misconduct. He has successfully represented Officers/Agents in responding to proposed disciplinary action and in appeals of final disciplinary action before the Merit Systems Protection Board (MSPB).

If you are a non-union member or a supervisor facing suspension or removal proceedings, we can help. Call for an immediate appointment.

TEA Special Education Mediator

Mr. Garcia is a contract Special Education Mediator with the Texas Education Agency (TEA). Federal law requires that students with disabilities receive a free and appropriate public education under the Individuals with Disabilities Education Act (IDEA). Mediation is one of three programs designed for resolving disagreements that can arise regarding the educational program for an eligible student for special education and related services. There is no cost for parents and school districts to participate in mediation. Mediation may be requested by parents or the school district.

Mr. Garcia has been trained and qualified to mediate Special Education cases and is listed in TEA’s roster of current mediators. Parents and the school district may agree on a Mediator, or TEA will make a random appointment. The Mediator List and a Mediation Request form along with instructions and other useful information may be found here.

MEDICAL PEER REVIEW HEARING OFFICER

Mr. Garcia has been trained and qualified by the American Health Lawyers Association to preside over Medical Peer Review Hearings which are an integral part of the credentialing and professional review process conducted by hospitals and other healthcare facilities. Governing boards of healthcare entities are charged with the responsibility for making reasonable and principled decisions about who may practice in their facilities or through their organizations. The Health Care Quality Improvement Act and/or medical staff bylaws confer “fair hearing” rights to physicians and other members of hospital medical staffs who are adversely affected by credentialing and peer review decisions.

Mr. Garcia is currently listed in the American Health Lawyers Association Roster of Neutrals. For fair and final action, request Mr. Garcia to serve as a Peer Review Hearing Officer by visiting www.healthlawyers.org/drs or by contacting Carine Brice at [email protected], Tel: (202) 833-0762 or Geoff Drucker at [email protected] , Tel: (202)833-6945.

Health Care Arbitrator

Mr. Garcia has been trained and qualified by the American Health Lawyers Association as an Arbitrator to preside over health care controversies including, but not limited to withdrawal of medical privileges, fraud and abuse, health plan disputes, breach of healthcare and medical employment agreements and other employment or labor controversies.

Mr. Garcia is currently listed in the American Health Lawyers Association Roster of Neutrals. For fair and final action, request Mr. Garcia to serve as a Peer Review Hearing Officer by visiting www.healthlawyers.org/drs or by contacting Carine Brice at [email protected] Tel: (202) 833-0762 or Geoff Drucker at [email protected] Tel: (202)833-6945.

PROPERTY TAX ARBITRATOR

Mr. Garcia has been trained and qualified by the Texas Comptroller of Public Accounts to preside over cases involving disputes between property owners and county tax appraisal districts. Tax Code Chapter 41A gives property owners meeting certain criteria the option to request binding arbitration as an alternative to filing an appeal of an ARB decision to district court. The binding arbitration option allows a simple alternative after the ARB. The property owner can complete a form and send it with a $500 deposit to request binding arbitration. The best feature of binding arbitration is the arbitrator will truly be independent of both the property owner and the appraisal district. For info, click here.

To invoke arbitration a property owner must file a Request for Binding Arbitration plus the required deposit with the Comptroller’s Office within 45 days of receiving the Appraisal Review Board determination. The Comptroller’s office will mail the property owner a letter with instructions on accessing the Arbitrator Registry together with the Appointment of Arbitrator form. The property owner and the appraisal district may mutually agree on an arbitrator. Mr. Garcia is listed in the Arbitrator Registry and can preside over cases statewide.

Attorney Profile

Roberto M. Garcia

Principal Attorney

Roberto M. Garcia is the sole principal in the Law Office of Roberto M. Garcia, a general civil law practice located in South Texas’ Rio Grande Valley at Edinburg, Texas. He practices in the areas of alternative dispute resolution as an arbitrator and mediator and in the area of labor and employment specifically for city, county, state and federal law enforcement officers and agents.

He is a 1972 graduate from Texas A & I University in Kingsville, Texas with a Bachelor of Arts degree in Government. He earned his Juris Doctor from Texas Southern University, Thurgood Marshall School of Law in Houston, Texas in 1975. He was licensed by the Supreme Court of Texas in May 1976. In 1977 he was licensed by the United States District Court for the Southern District of Texas and by the United States 5th Circuit Court of Appeals in New Orleans, LA. He has been engaged in the private practice of law in the Rio Grande Valley since 1976. He is a member of the State Bar of Texas, National Employment Lawyers Association, Texas Association of Mediators, Texas Mediator Credentialing Association and the American Health Lawyers Association.

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Past & Present Clients

Bobby and I worked together for over 15 years, representing officers in disciplinary issues at the Brownsville Police Department. I was the union rep, Bobby was our union attorney. He worked tirelessly to assist any officer in need, including me on a few occasions. If you want someone who puts in the time and research to win, Roberto M. Garcia is the lawyer you need!

Kurt Hines

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