Wednesday, October 5, 2011

AT BISD, A CAST OF SUPPORTING CHARACTERS IN THE ONGOING TRAGEDY

By Juan Montoya
Even as the federal courts start to unravel the machinations of the former board majority at the Brownsville Independent School District with orders and appeal decisions against them, it is interesting to note that the principals had a supporting cast at their disposal.
The board majority then – Rick Zayas, Ruben Cortez, Joe Colunga and Rolando Aguilar – all feature prominently in the lawsuits against them and the school district by former Special Services director Art Rendon, former Chief Financial Officer Tony Juarez and former Superintendent Hector Gonzales.
But lurking throughout the federal complaints pop out names like former BISD trustee Otis Powers, Kent Whittenmore, and Elizabeth Hatcher-Brito.
In the recent decision by the U.S. Fifth Circuit Court of Appeals upholding the order by Southern District Judge Andrew Hanen finding that the four defendant trustees could be held personally liable and denying them qualified immunity for their role in the Juarez firing, some of these supporting characters figure prominently in the narrative.
Juarez was was demoted and ultimately terminated from employment by the BISD and the defendants personally because he recommend that the board award Health Smart (AGG) the district's $40 million Stop-Loss Insurance policy instead of to Oklahoma-based Mutual Assurance Administrators, Inc (MAA).
The majority of the trustees ultimately awarded that contract for the 2009-2010 to MAA for $181,275 per month which ended up being worth about $40 million in medical claims.
The local broker of the insurance company was none other than majority supporter and insurance mogul Johnny Cavazos.
However, immediately after the Juarez recommendation, Aguilar, Colunga and Cortez accused Juarez of misinforming board and accused him of lying. They also complained to Gonzales.
According to the Juarez complaint, that's when Kent Whittenmore made his move, reportedly at the behest of the board majority and filed a grievance against Juarez contending that he had lied to the board. That, according to the complaint, was filed in accordance to the majority's tactic of "setting one employee against another," so as to afford a pretext to terminate an employee.
Whittenmore later filed a second grievance that was consolidated with the first and heard on Jan. 2009.
After Juarez was offered a position as BISD grants administrator if he resigned from his position as CFO, he was approached by Elizabeth Brito-Hatcher, another BISD employee, who told him the BISD was engaged in bidding irregularities and urged him to file a grievance against Gonzales. Unbeknownst to Brito-Hatcher, Juarez was recording the conversation.
(Subsequently, in a letter introduced in court, she wrote to Zayas, accusing him of not supporting her claims after he had encouraged her actions.)
Former trustee Otis Powers also approached Juarez during an outing at his home and "suggested that if Juarez would file a grievance against Gonzales and blame the (former superintendent) for the statements about the insurance recommendations, Juarez would be reinstated as CFO.
Powers also told Juarez that BISD employees routinely used the filing of grievances as a way of advancing their careers."
Powers, too, was being recorded by Juarez, as well as his side of the conversation with Colunga while Powerskept him abreast of the conversation with Juarez regarding the grievance against Gonzales.
"You...ah, personally, you have to get Hector back. He told you what to do and why you had to do it. That I can tell you. Did I talk to Colunga for you, talked to Aguilar for you, I talked to them all, even Rick Zayas."
To his credit, Juarez instead went to the FBI and reported the acts of conspiracy, retaliation, the perversion of the grievance process, and the mockery being made of the BISD bidding system.
Meanwhile, as the federal cases drag on, it is worth asking whether this cast of supporting characters still working for the district and getting paid by the very taxpayers that they were attempting to defraud?

6 comments:

Anonymous said...

I hope Juarez and Gonzales win against these bunch of weasles and the court makes them pay out of their pockets.
boy Juarez really knew the kind of rateros he was dealing with to have the guts to tape them.
GREAT JOB!!!!!!!!
These board members were soooo out of control and blatant in their behavior because we the voters do not hold them accountable for their actions. Sad but true.
Thank you, Juanito.

Anonymous said...

Rick Zayas no vales dick.
Joe Colunga no vales dick.
Ruben Cortez no vales dick.
Y que tienen estos bueys en comun?
SON UNA BOLA DE CABRONES!

Anonymous said...

Mr. Juarez, please do not stop your lawsuit and settle like Rendon. Teach these guys a lesson. Make them pay. I voted for all of them and cannot belive how corrupt they are. Your lawyers Frank Perez and Star Jones will eat their lunch during the trial...let our community know what kind of rats these guys are..inluding Mr. Powers.

Anonymous said...

Hey Juanita! A little too much weed in the system? The recording was of otis and ex board member. No other board member was recorded. How convenient for people to talk trash, but it is easy when you are trash. Bring them on, I bet the insurance company ain't settling shit from now on. After this ruling, a whole lot of attorneys are going to be thrown into the meley. I doubt if 100 insurance companies petition the system to vacate this crazy ruling! Pardon the french!

Anonymous said...

The post of Oct 5, @ 8:28pm. Is this person for real?? Because if he/she is....How sad for his/her kids 'cause all he/she is doing is teaching them is to grow up and be COWARDS !!

Anonymous said...

I hope Elizabeth Hatcher getts what she deserves. She is a real bitch she thinks that Para-Professional are only good to serve the teachers and administrators. She thinks she is the Principal at CMS. Keep it up Mr. Juares put all this rats in jail

rita