Tuesday, September 21, 2010

GARCIA RUSHES TO PASS PARTNERSHIP: GIVES AWAY THE STORE

By Juan Montoya
Don't look now, but a partnership contract giving away the store to the University of Texas System is in the works over at the college (an entity once known as Texas Southmost Community College).
And if everything goes the way the Juliet Garcia administration wants it to go, as soon as Thursday TSC may be owned lock stock and barrel by the UT System, its president picked by the UT Regents, and all we will have is a cash-cow taxing entity known as TSC for the UT honchos to continue milking.
The agenda for a special meeting called for tonight at the 6 p.m. at Gorgas Room, 80 Ft. Brown, will have a discussion item where legal counsel will analyze the new partnership agreement between UTB and TSC which will establish the basis for the future relationship between the institutions.
Then, on Thursday, same place, same station, but at 5:30 p.m., an action item after executive session may see the adoption of the partnership. And what a partnership it will be. No longer will there be the pretense of local control of our community college. In fact, only three trustees (a minority) will have any say so in the selection of its president, with the final decision to be made by the bosses at Austin.
In fact, we understand that the administration fervently wants to keep the details of the agreement under wraps until its a done deal. TSC legal counsel Daniel Rentfro has been overheard warning anyone about releasing any detail of the partnership. Why?
The wording on the draft agreement includes language that should raise red flags at every home in the district that has paid taxes to maintain the college operations.
"The new entity, UTB/TSC, is established by the Texas legislature as a new component of the University of Texas System," the partnership reads.

"The partners contribute resources, including land, buildings, equipment, bank deposits, investments, and other assets to set up UTB/TSC, for the use and benefit of the new entity. UTB/TSC assumes the outstanding liabilities associated with these assets and the previous operations of UTB and TSC, except that UT System and TSC remain liable for its bond debt." Does this include the more than $10 million in rent arrears that the UT System has incurred and has refused to pay the local taxpayer?
Then, there follow bombshell after bombshell.
* "Authority: The UT Board of Regents, as the managing partner will manage the business and affairs of UTB/TSC on behalf of the Partnership, except for (1) major organizational divisions which require consent of both partners, and (2) day to day operational decisions, which are vested in the administration of UTB/TSC.
"President: Selection and appointment of the President of UTB/TSC will be subject to and governed by state law, the UT Board of Regents and the Rules and Regulations, with a formal process that solicits the advice of members of the Board of Trustees, including discussions of the final candidates in a joint executive session. The formal process requires that the Presidential Selection Committee will include three members of the Board of Trustees. The president will be an employee of UTB/TSC and may be removed by the Board of Regents...
"Other Officers of UTB/TSC: The President may designate and remove other officers and assign them duties and powers as needed for the management of UTB/TSC.
Then, a few more goodies for Juliet.
Funding and Resources: "UTB/TSC will receive maintenance and operations tax revenue collected by the TSC District and not required for debt service. A portion of the tax revenue will be used for the TSC Board of Trustees Scholarships for students living in the TSC District.
"The state wil appropriate to UTB/TSC an amount equal to the M&O tax revenue collected by the TSC District; this would be funding unique to UTB/TSC.
"UT System will service UTB debt existing at the time of the implementation of this agreement.
"The TSC District will service TSC debt existing at the time of the implementation agreement.
"The partners will use their respective efforts to fund the curriculum and programs of UTB/TSC through state funding, additional state funding, the issuance of bonds, other legal obligations, ad valorem taxes, rentals, charges, fees, and other resources of the Board of Regents and the Board of Trustees.
"UTB/TSC may require additional land and construct improvements without additional csts or obligation to the TSC district.
So there you have it. TSC is being asked to turn over all its real estate, buildings, assets, bank deposits, etc., and to continue as a taxing entity with the ability to issue debt. In return, the college has a minority voice (they can advise and discuss) in the final selection of the president (Juliet, we assume), and she will have unbridled authority to hire promote (and fire) whoever she wants.
There is some sop for the TSC trustees thrown in for good measure, however. Almost as an afterthought, the board of trustees is granted the "affirmative vote" to limit the Regents if they:
"Sell, lease, or dispose of TSC Contributed Assets: real property, material improvements or intellectual property.
"Relocate the principal campus or satellite campuses of UTB/TSC from the TSC District.
"Discontinue or materially diminish the community college and occupational/technical programs of UTB/TSC in a way that would prevent the achievement of the Partnership mission.
"Materially impair open access to the higher education programs by non-traditional students."
Do you mean to tell us that the TSC Trustees do not currently have the right to an "affirmative vote" on these issues? And if they don't, why not?
There is no mention of including the UTB/TSC under the millions generated from oil and gas leases for the Permanent University Fund that is accessible to other UT and A&M Sytems schools.
There is the sleigh-of-hand that makes "trustee scholarships" available to distinct residents instead of in-district tuition. During the last elections, several now-sitting trustees pointed out that UTB/TSC was the only community college that did not offer these in-district tuition to all its residents in the district. As a result, local students pay higher tuition and user fees than anyone in the state.
Nothing in this new version of the agreement changes that.
As we understand it, there is a 3-3 split among the trustees in the acceptance of this agreement.
Those pushing for the quick adoption of this giveaway are Robert Robles, Robert Lozano, and David Oliveira.
Those said to be against raping the district taxpayers and residents are Kiko Rendon, Adela Garza and Rene Torres.
On the fence, and under huge amounts of pressure, is Trey Mendez. Which way will he go? If we care about our local students and taxpayers, perhaps we can let him know where we stand on this modern version of pillage and rapine.

14 comments:

Anonymous said...

Obviously Queen Scorpiana and her pawns on the TSC Board are so fearful of change locally that they are willing to sell their souls to UT System to protect their regime and to protect Juliet's dictatorship. There is no doubt that she and her minions are unwilling to give up power...even power desired by the taxpayers. It appears that Juliet, like most other politicians down here, believe they are smarter than the citizens and that to maintain their power they need to take local taxpayers out of the mix. She is apparently taking this action to protect her power and while she continues to have the loyal "puppy dog" support of David Oliveira and Dr. Robles. She also has the support of an ignorant student body and ignorant community who will not get involved...and she depends on that apathy to make such a move.

Anonymous said...

Why hasn't this been reported in the Brownsville Herald???? Our local newspaper proves again that they seek to protect their advertisers from the public.....not inform the public. And sometimes it seems that Letty Fernandez or her office writes the Herald stories about UTB. Journalism is dead at the Herald......and their greed blends will with Juliet Garcia's greed for power.

Anonymous said...

"During the last elections, several now-sitting trustees pointed out that UTB/TSC was the only community college that did not offer these in-district tuition to all its residents in the district. As a result, local students pay higher tuition and user fees than anyone in the state."

Yeah, it was the Tea Party that brought this out and helped insure Rosemary didn't get elected. No props for the Tea Party, Juan?

Anonymous said...

The Pee Farty
Those right wing kooks were pushing Rosemary Breedlove, their white gringa Repuglican pal!!

Anonymous said...

I received an email stating Kiko Rendon does not support the dissolution of the partnership.

Here is a quote from his memo:
"I assure you that I am committed to the partnership agreement and as stated in the document that extended the original agreement to 99 years, the partnership has significantly enhanced the educational opportunities in the region by combining resources of two separate entities within a single operating unit, the partnership. The partnership is strong and has 80 years still remaining in the contract."

Anonymous said...

I recently received an email from Kiko Rendon adamantly against the dissolution of the UTB/TSC partnership.

Anonymous said...

so now rendon violates confidentiality of executive session? Is that a felony or just an misdemeanor?

Anonymous said...

Just dissolve the TSC district. No taxes paid. Let UTB be the only act in town. But don't complain if your child has to take an entrance exam to get into UTB. I say let the serious committed students come in and the lazy ones continue to work at Walmart.

Anonymous said...

Last week, Juliet Garcia appeared before the Academic Senate, apparently to play to faculty fears and urge pressure on the Board. This is an old ploy that has worked for her in the past. Whatever you might hear, many faculty favor a much more considered approach to this "partnership" than Dr. Garcia and past Boards (read rubberstamps) have ever practiced. What is the rush? This agreement deserves open debate by all parties; if it can't stand up to the light-----scuttle it!

Anonymous said...

Basta con Juliet, send her packing!

Anonymous said...

FYI--The memo Rendon released was a rebuttal to an accusation, not confidential executive information.

As far as dissolving TSC, the taxing entity would remain. The UT System has no intentions of stopping local taxation. We would have taxation without representation (sound familiar?).

Anonymous said...

"The Pee Farty
Those right wing kooks were pushing Rosemary Breedlove, their white gringa Repuglican pal!!"

I call BULL SHIT. Montoya linked to the story when they broke it. It was a hard hitting piece against Rosemary Breedlove and the Juliet Court. Juan should cite his sources like the Tea Party if he is to be taken seriously as a journalist.

Anonymous said...

David, your Daddy would be SOOOOOOO disappointed in you! You are nothing like your Dad and you should be ashame of it. Dr. Robles, the same for you.

Anonymous said...

Trey, remember your pledge during your campaign. "My energy will be focused on sharing ideas, finding solutions and doing what is RIGHT. Our future is based on today's decisions. Let's make the right ones".
So, now you know which way to vote, don't let us down.

rita