BIG JOE RODRIGUEZ, CHAVEZ GET A BARR AND GRILLING

By Juan Montoya
For the past two days, former Brownsville Independent School District Athletic Director cum trustee and his longtime protege (and now football coach) Tom Chavez have been getting deposed by one of the best.
Rodriguez and Chavez – like former BISD CFO Tony Fuller – sued the district, a forensic auditing firm, and four trustees – over the findings of an audit that recommended Chavez's termination for alleged favoritism on contracts involving the sale of athletic equipment for two new district schools.
The auditors – Defenbaugh and Associates – examined the role played by Rodriguez and Chavez in the procurement of equipment and recommended the board adopt a policy that includes a no-solicitation clause in future employment contracts with respect to a vendor (Rodriguez) and that BISD consider disciplining Chavez with termination as a consideration.
The majority on the board at the time (Enrique Escobedo, Christina Saavedara, Lucy Lingoria and Catalina Presas-Garcia) agreed to hire Defenbaugh on September 2011 and that the firm complete the forensic audit within four months at a cost of $250,000.
After the results were published in the report, Rodriguez and Chavez sued the district and the four trustees for defamation. One of their defense attorneys is none other than Rick Zayas, the former BISD trustee who was defeated by Longoria in 2010.
Fuller – like Rodriguez – filed suit in federal court saying that the trustees and BISD administrators had used Defenbaugh's forensic audit findings to not renew his contract.
U.S. Magistrate Ronald G. Morgan recommended to the federal district court presided by judge Andrew Hanen that Fuller's state law claims against Deffenbaugh be "dismissed with prejudice pursuant to the Texas Citizens' Participation Act, or in the alternative, be dismissed without prejudice for lack of pendent jurisdiction."
Still, that hasn't stopped either Fuller or Rodriguez and Chavez from pursuing the brass ring. In fact, Rodriguez – even though he resigned as AD with a $90,000 golden parachute to sweeten the deal (Zayas voted to award it) – is running for the board against Shirley Bowman and Mary Rey.
John Barr, who deposed Rodriguez and Chavez and is representing the defendants, was named as one of Texas Super Lawyer by Texas Monthly Magazine in 2010, 2009, 2008, 2007, 2006, 2005, 2004, AV rated to the top 3 percent of lawyers by Martindale Hubble in 2009, AM best approved lawyer defense counsel and best company in 2005, one of the top four best injury defense lawyers in Tarrant County Fort Worth, by Texas Magazine, selected by Peers 2001 as top defense lawyers in Tarrant County by Bar Association, and Ft. Worth Magazine named him as one of the top defense lawyers in 2001.
This is what Rodriguez and Chavez objected to:
1. Joe Rodriguez matter relating to affiliation with BISD's substantial purchasing activity from BNS Sports

FINDINGS AND RECOMMENDATIONS:

The role Joe Rodriguez in the procurement of sports equipment after he left the district was also examined by the forensic auditors. In a section devoted entirely to his business dealings with the district through his longtime protege (and then A.D.) Tom Chavez, they wrote that they investigated allegations of Rodriguez used undue influence to do business with the BISD.

There was entirely no mention of the two previous audits performed by BISD on his scholarship fund-activity using his nonprofit where allegations that district, state, and federal laws may have been violated.

Initial allegations against Joe Rodriguez include that he was using undue influence and coercive tactics to pressure BISD coaches, athletic coordinators, and athletic personnel to purchaser sports uniforms and equipment from a company, BNS Sports, for whom Rodriguez became a sales representative for after he left BISD in Dec. 31, 2009.

In addition, Rodriguez, in a telephone call made to BISD Lead Auditor Margarita Pizano-Flores in Sept. 2011, threatened to sue BISD because the Purchasing Department had changed and improved the Catalog/Co-op procurement process.

Investigation and analysis subsequently revealed that a substantial amount of payments of uniforms and equipment totaling $497,117 in fiscal year 2010-2011 was completed compared to the previous fiscal years (2009-2010) total of $175,715; an increase of 283 percent.

Interviews identified most of the purchasing was made by the athletic department, in general, and by Tom Chavez, in particular. Chavez, an admitted close friend with Rodriguez for over 30 years, succeeded Rodriguez after he left BISD.

The audit stated that record review of purchase orders also supported the fact that the athletic department fulfilled most of those purchases, predominantly for Manzano Middle School and Veterans Memorial High School, both newly constructed schools, with no prior uniforms or equipment.
Although Chavez denied giving preferential treatment to BNS and/or Joe Rodriguez in the purchasing process for both schools, the auditors found that Chavez never gave any due consideration to at least three other approved vendors sports distributors.

At the beginning of September 2011, BISD's Purchasing Department changed the Catalog/Co-op procurement procedure shifting control of catalog procurement process from the end-user, Athletic Department, to the Purchasing Department. This change provided more internal control and was the apparent reason for Rodriguez's telephone call to  Margarita Pizano-Flores after the realization that BNS would have to be more competitive in terms of price.

Shortly thereafter the other sales representative at BNS informed the Purchasing Department that a 10 percent discount would be rendered on BNS catalog item, this time without Rodriguez's involvement.

It was the opinion of the Forensic Audit Staff that no doubt existed that the Athletic Department in general, and Tom Chavez in particular, exercised undue influence and misuse of authority in choosing BNS Sports, through their sales rep. Joe Rodriguez, particularly in the purchasing of uniforms and other sports supplies for Manzano Middle School and Veterans Memorial High School in school year 2010-2011.

(This) resulted in close to $500,000 of purchases being given to Chavez's close friend and former Rodriguez. The audit concluded that Chavez allowed his and Joe Rodriguez's personal relationship to interfere with what should have been a business decision causing a potential loss of revenue to be sustained by the district.

The Forensic Audit Staff recommended that a no-solicitation clause be included in future employment contracts and that BISD make a determination with respect to a (vendor such as BNS) whose representative (Joe Rodriguez) issue a threat over the telephone to file a lawsuit against the district.

It was the opinion of the (auditors) that Chavez and his AD staff afforded BNS preferential treatment to the detriment of the district. Consideration should be given to administrative action disciplining Tom Chavez with termination as a consideration.

There is a saying in Spanish that if you choose to tangle with someone, make sure it's not the big dog on the block.
Barr, as his credential prove, is no lightweight.
Barr was board certified as a Civil Trial Specialist by the National Board of Trial Advocates in 2000.
His firm lists diverse specialties in litigation ranging from construction defects to international insurance and products liabilities.
Among some of their clients listed are Aerocozumel, Aerolitoral, Aeromexico, Crisa Corporation,
Ford Motor Company, Honeywell, Local, State and  foreign Governments, Mexicana Airlines
Procemex, Republican Party of Texas, Republic of Mexico, Smith Alarm Systems, Inc., Vitro Packaging Inc., and even Yellow Checker Cab Company.
We can hardly wait to see the videos of the Rodriguez, Chavez depositions.