People who purchased barbecue plates within the past couple of months at a local drive-through business thinking they were supporting H.M. King High School’s Mighty Brahma Band were possibly instead duped into helping pick up the tab for a fancy MTVstyle party held in honor of a group of graduating seniors, according to a local attorney.

“What is happening is that the Brahma Band Booster Club name has been hijacked by a group of parents who utilized the name for fundraisers,” attorney Alfred Isassi said Wednesday. He is representing the booster club.

“These (students) are a part of the band but their families are not part of the band booster club,” he said, “but they did utilize the band booster club name; they raised money at a local store …, then had an elaborate party with the money they raised.”

Certified credentials under the band booster club name were issued from the City of Kingsville, Isassi said, for acquiring a food permit on Jan. 29.

Realizing that the illegitimate barbecue plate sales were going on, booster club members immediately informed the city, Isassi said.

Through a letter dated April 5, 2010, the city informed the store where the fundraiser was being held that the Food Establishment License had been terminated due non-compliance with the ordinances on this license.

That, however, didn’t stop the four families involved.

“They can never deny that the money raised was for this elaborate party,” Isassi said.

“They had a full fledged large party utilizing a lot of money which was raised falsely under the Brahma Band Booster Club name,” Isassi claims.

Both the booster club and head band director Rolando Molina feel the public should know about this and there needs to be something done, according to Isassi.

Meanwhile, Isassi said the situation has dissuaded people from contributing to the real band booster club’s summer project.

“Let me tell you what the problem is, the Brahma Band Booster Club is raising money to go to a trip to Florida this summer,” Isassi said.

“What is happening, though, is that people are coming to band booster club members saying ‘we already bought barbecue plates from you’ and the booster club members are saying ‘you did, but we haven’t been selling barbecue plates’,” Isassi said.

Isassi also questions the city’s actions.

“The City of Kingsville — I don’t want to blame them — but they don’t have procedures; anyone can go get a permit,” Isassi said.

“I could have gone in there and said ‘I’m Alfred Isassi and I’m going to raise money under the March of Dimes, can I have a food permit’. They would have said ‘Sure, just pay your fee and here’s your license’,” he said.

Isassi added, “I think they have since corrected their procedures, but I could have gone in there saying I was with a cancer relief organization and I want to have a barbecue sale. Again, no checks were ever done by the city until the true booster club became aware of this and asked the city why it had given this permit to these people,” Isassi said.

Molina also wondered about the city’s checks and balances

“It’s unfortunate that the people who issue these permits allowed this to happen without first checking to see if the parties involved were authentically associated with the band booster club,” Molina said.

“I’m glad that our booster club is taking steps to correct this,” he said.

Yolanda Cadena, citycounty health director, said both parties would have to sort this one out.

“This would be a civil matter between the Brahma Band Booster Club and these groups of parents because the individuals who applied for the permit falsified the records,” Cadena said.

“They are the ones who are stating they’re representing the Brahma Band Booster Club,” noted.

Cadena confirmed that the city did not ask for proof of association as part of the requested for the food permit.

“When they came to our facility, our office, they claimed that they were with the band booster club,” Cadena said.

“We don’t ask for identification as to whether they represent a treasurer or president or anything. We are not the ones who issue the permits, we only approve them. The permits are issued by the city’s planning department,” she said.

Cadena, though, did not lay all of the fault on the planning department.

“I am not going to make that statement because maybe it was both of us who are at fault,” Cadena said.

Isassi pointed out, “Kingsville always supports the band; the band is usually one of the big things and everyone thought this was for a good cause and that is what upsets the true booster club, which feels that the public thought they were supporting them when in fact they didn’t.”

Isassi said the fingerpointing continues.

“We called …out of courtesy and asked them to please turn over any money raised using the band booster club name,” Isassi said.

“They continue to point the finger at each other saying ‘It wasn’t me, it was so and so’. None of them are saying, ‘You know what, we messed up by doing something wrong.’ They don’t want to give us any answers,” he said.

“The band booster club’s whole point is don’t defraud the people who are donating money, by buying a barbecue plate, while calling it a booster club fundraiser when it is truly not,” Isassi said.

The band booster club and its attorney would prefer receiving restitution before having to take any legal action.

“We’re going to look into the possibility of legal action, maybe file a small claims lawsuit or some type of legal injunction,” Isassi said.

“The booster club officers don’t want to go that route,” he said.

In the meantime, the band booster club wants to get the word out to the general public.

“We just want the public to know that if they did spend money thinking this was a band booster club function, it may not have been,” Isassi said.

“And, the…most hurt by this was the true Brahma Band Booster Club,” he said.