Oct. 19, 2026Updated Oct. 20, 2026, 12:41 p.m. MT

Editor’s note: This story has been updated to reflect the charge filed against Matthew Kozik. His full statement has been added below.

A candidate for El Paso City Council said he had “no legal issues” to divulge in his El Paso Times candidate questionnaire, despite having previously been charged with public indecency.

Matthew Kozik, an attorney running for the District 1 seat, was charged with public indecency in a case that resulted in a warrant enforced June 18, 2003. Fellow candidate Daniela Garcia brought the charge to the media’s attention in a news release Monday, Oct. 19.

Matthew James Kozik, City Council District 1 candidate.

For his part, Kozik insisted the charge resulted from a harmless incident.

“This was an incident that occurred nearly 25 years ago after an Ohio State football game where, after too many beverages, I went behind (a) dumpster in an alley and did what some have done after a football game,” Kozik said in an email. “Poor taste for a college student, sure.

“This is and has never been a legal issue. This was not a legal issue when I was working over 700 hours in legal clinics in Washington, D.C., in New Orleans after Hurricane Katrina, or representing individuals seeking legal status in the U.S. These are distractions.”

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Garcia disagreed.

“This is an example of ‘boys will be boys’ mentality that has paved our current political landscape, welcoming former boys that got away with a slap on the wrist to become men that run our governments,” Garcia wrote in the news release.

The revelation comes only weeks before El Paso voters head to the ballot box for the Nov. 3 general election. District 1 covers El Paso’s West Side, stretching along the Franklin Mountains from Upper Mesa Hills to Anthony, New Mexico, and across from Desert Hills Boulevard to Santa Teresa, New Mexico.

Documents from the Franklin County Municipal Court in Ohio show that Kozik was charged with public indecency on April 15, 2003, and a warrant was issued for enforcement on June 18, 2003. It is unclear what actions led to the charge, but penalties for public indecency in Ohio range from a fourth-degree misdemeanor, resulting in up to 30 days in jail and a $250 fine, to a first-degree misdemeanor or a fifth-degree felony if a child is involved.

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Kozik’s charge was later amended to disorderly conduct and he was forced to pay $169 in total fines. The warrant was canceled on Sept. 15, 2003.

Kozik and Garcia, along with Sam Armijo, are the three candidates looking to unseat incumbent city Rep. Alejandra Chavez in the Nov. 3 General Election.

Matthew Kozik’s full statement on the allegations

As your own reporting states I have “no public record” and my response to the Times was clear, “I have had a higher security clearance than city council, so no legal issues.”  Given my background and my accomplishments, that speaks for itself.  I have had background checks by the US Army, received security clearances, been investigated by the State Bar of TX, DC, NM, MD, and have been admitted to the 5th Circuit and US Supreme Court.  This “issue” was of no importance when my security clearances were used in combat or throughout my time as an Officer in the US Army or as a lawyer for nearly 20 years.    

This was an incident that occurred nearly 25 years ago after an Ohio State football game, where after too many beverages, I went behind dumpster in an alley and did what some have done after a football game, and had to pay $169 fine.  Poor taste for a college student, sure.   

This same background and having “no legal issues” is what makes me the most qualified candidate for District 1.  I find it no surprise that as the candidate who is fighting for good paying jobs for El Paso, making sure we stop taxing our residents to the extent we are, and demanding accountability from Meta, we are being drawn into the gutter of special interest politics.  Remember, the incumbent, Ms. Chavez stated in this same questionnaire that she has never been arrears on local, state or federal taxes, yet in her own bankruptcy of which is attached, she owed thousands of dollars in taxes to El Paso yet wants us to trust her with the budget.  That’s a real issue for the trust of the community.  

This is and has never been a legal issue.  This was not a legal issue when I was working over 700 hours in legal clinics in Washington, D.C., in New Orleans after Hurricane Katrina, or representing individuals seeking legal status in the US.  These are distractions. Now, let’s get back to moving District 1 forward and El Paso voters know I’m the best candidate to do so.  

Adam Powell covers government and politics for the El Paso Times and can be reached via email at apowell@elpasotimes.com.