By Juan Montoya
A federal judge has denied the petition for a summary judgement by the Brownsville Independent School District against the claims of former Special Needs Director Art Rendon who claimed his First Amendment rights were violated by retaliation by the district after he reported to outside authorities of corruption and conspiratorial acts, barratry, and medicaid fraud existing inside the department.
The 17-page memorandum and opinion by Judge Andrew S. Hanen Wednesday also allowed Rendon to reinstate his Whistleblower claims in a state district court, keeping the case alive at the federal and state level.
Rendon filed his original lawsuit after he was terminated from his position after he informed the BISD and trustees that he had contacted the U.S. Attorney, Texas Rangers and Medicaid investigators of alleged criminal acts in the operation of the Special Needs department and of possible corruption in the Due-Process system that he said was being manipulated by attorneys and consultants.
He was placed on a year's suspension and then finally terminated.
He filed suit in federal court in 2010.
In his opinion Hanen granted BISD summary judgment against Rendon's defamation claim and Rendon's First Amendment retaliation claim as to speech concerning the supervision and operation of the BISD Special Services department.
However, Hansen's opinion, while granting BISD's motion for dismissal of Rendon's Whistleblower's claims in federal court, dismissed it without prejudice, meaning that Rendon is free to pursue his claims in state district court.
"Now, instead of just having one lawsuit going on in federal court, the district has two cases, including the Whistleblower case in state court," sad a local lawyer. "They could have just settled the one in federal court but chose to fight it instead."
Hanen said that while the BISD was granted summary judgement against speech Rendon made in the course of carrying out his duties, "Rendon's communications as to possible wrongdoing by the BISD board of directors was not part of his job as administrator of special services and thus constitute free speech. The court further holds that Rendon's speech concerning alleged activities in ferreting out possible barratry and alleged conspiracy to defraud BISD and perhaps even third-party payees (which he generally refers to in his pleadings as 'systematic fraud' or 'Medicaid fraud') is also outside of any pertinent job duties he had and theretofore was also protected by the First Amendment."
Further, in a footnote on page 15, Hanen notes that "The court notes that Rendon is not necessarily left without remedy to the extent that he was not renewed because of his speech, as it may actually be actionable under the whistleblower claim which could be brought in state court."
This was BISD's second Motion for Summary Judgment.
Hanen's decision clears the way for Rendon's First Amendment claims to proceed to trial in federal court.
His attorneys have not indicated if and when the whistleblower claims will be refiled in state court, although such a move is expected in the near future.
Rendon has pressed his claims at one time or another through his attorneys Ben Neece, Star Jones and Frank Perez.
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rita
14 comments:
Rendon is a good leader. People that bad mouth him, should look at themselves in the mirror. He gave me a chance to be a teacher and was also a mentor too me. The people who did not like him, were the people (women) who were told NO. Mr. Rendon is gonna get paid! BISD should settle. Please settle and reinstate.
Interesting!
Colunga, Zayas, Cortez and Aguilar did an injustice with Rendon.
We need a new board...starting with Colunga and Aguilar!
and end it with CATA!
Rendon is a DICK!!!!
I read the decisiion. Mr. Montoya, I do not know what you read, but it is obvuous you have no understanding of legal documents. Mr. Rendon has just about exhausted all avenues, and since his only defense is in dreamland and fantasy, it would be in his best interest to give up and try to salvage what little credibility he might, and I say this lightly, still have. On a good note, a few relatives still support him.
Why doesn't Rendon just ask BISD for a JOB and not money, in a settlement? He knows that if he gets money he already has people with their hands out to get the money from him.
Rendon is a dick? and you who have no balls to give yur name?
Everyone knows that the termination of Art Rendon was part of a scheme to change the power structure at BISD and to continue to hide the corrupt practices being proposed by the newly elected Trustee Ric Zayas. The issue of due process claims was becomng a legal monster that only benefitted lawyers, parents and children got very little relief. Several studies showed systemic abuses by BISD staff and even stated that gross violations of civil rights had taken place for more than ten years. What Art Rendon did was to speak up for children and to protect BISD and instead he got fired. Joe Rodriguez received $100,000 and he got caught with his hand in the cookie jar. It all depends on wh your friends are.
To the August 20, 9:30 am post, not everyone agrees that Rendon's termination was political. In fact, a majority of the special ed staff was jubilant that he was removed as he knew very little about special needs children and policy and procedure under the Individuals with Disabilities Education Act. You mention systemic abuse and gross violations of civil rights, but did any regulatory agency agree with his allegations? Absolutely not. If he would have spent some time learning about the program instead of taking bad advice and chasing windmills, playing Serpico, and acting like a super hero, maybe he'd still have a position with the district. Instead he sues under a miarid of allegations, claiming conspiracy anytime he loses. He did not even finish his grievance with TEA walking out because they were also part of "the conspiracy". Get a life! Additionally several continually clain that Mr. Zayas was corrupt, lined his pockets with BISD money, etc., but cannot produce one piece of evidence to substantiate such claims other than fantasy and inuendo from bloggers. They also need to get a life.
To the august 20, 10:08 post comment...perhaps you, rick and ruben she read the order written by a federal judge......if real evidence was not considered by the judge then what was? the people of brownsville should thank rendon, and thank GOD that rick and ruben are gone forever...
Don't count on it, I heard Ruben is going to run again and guess what, he will be elected again! After what the public has witnessed by the three amigas, anybody could run against Cata and win!
what ruben needs is a job and an education............we women are tired of supporting dead beat dads and husbands..........who want to pretend they are somone when they are no one....GET A JOB AND GET AN EDUCATION.....
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