FORMER BISD SUPER TELLS WHERE THE SKELETONS ARE BURIED

By Juan Montoya

Ever wonder of the juicy details regarding the firing of Brownsville Independent School District Superintendent Hector Gonzales, Special Needs Director Art Rendon, and Chief financial Officer Tony Juarez by the board majority composed of Ruben Cortez, Joe Colunga, Rolando Aguilar and Rick Zayas?

They're all there in the amended petition of Gonzales filed May 25 in the 357th District Court where the former superintendent's case against the BISD is wending its way through the system.

Upon reading it we learn that the former superintendent's termination came about after a lengthy process where he was being persuaded by members of the conspiracy of four to join in their schemes to fire Rendon and Juarez because the various board members of the majority were not pleased with:

1. The administration of the Special Needs Department under Rendon because Colunga did not want Rendon poking in areas where illegal activity may be uncovered and he and his wife Judy, who had a son in Special Services, were demanding (and receiving) special treatment for their disabled son;

2. The recommendation by Juarez of an insurance vendor for the district's lucrative Stop-Loss insurance because it was not a company handled by local insurance mogul (and majority supporter) Johnny Cavazos.

The sordid tale began after Gonzales was named interim superintendent on July 10, 2006 when the board then awarded a three-year employment contract to Gonzales which became effective Nov. 1, 2006. On Nov. 2007, the board offered Gonzales another contract that extended his employment through 2010. On Nov. 2008, Gonzales and the board executed a third three-year contact which also gave him a $20,000 pay raise.

During this time (2008), the BISD was awarded the Broad Award under Gonzales' leadership which came along with $1million (raised to $2 million) in scholarships for BISD graduates. That same year, BISD also won the Council of Urban Boards Education (CUBE) award. That same year, 83 percent of BISD campuses were recognized by the Texas Education Agency as either "exemplary" or "recognized."

On June 2008, 55 BISD graduates were selected to receive the Superintendent's Scholarship in the amount of between $1,250 to $1,500 each.

That same year, he was rated "very effective" by the BISD board.

However, as the November 2008 BISD board elections were approaching, there were ominous political storm clouds on the horizon.

Before that, on Oct. 26, 2006, Rendon had been hired as the administrator of Special Services by a 6-1 vote, with Colunga casting the only "nay" vote. By late 2008, as the elections approached, there was word that Rendon was uncovering illegal activity as well as other improprieties by the conspirators, including some members of the new board majority, and involving administrative personnel and other persons employed and not employed by the BISD.

The alleged illegal activity included Medicaid fraud, fraudulent billing, barratry, misconduct by and among various board members and/or BISD personnel and use of inadequate psychiatric evaluations in the Special Services Department.

Rendon and Gonzles advised the board of these illegal activities and of the other improprieties.

Below is a chronology of events and their chief perpetrators:

– February 2007: (Ruben) Cortez visited Gonzales and told him he did not want insurance provider Healthsmart as the new insurance carrier for the district. He told Gonzales that he and the other (co-conspirators) wanted Mutual of Omaha, or nay other firm in which Johnny Cavazos would be the agent. Gonzales said he would not participate in this conspiracy.

– March 2007: Cortez approached Gonzales again on the same issue and insisted that Gonzales only recommend one of Cavazos' insurance firms for the upcoming insurance contract. Again, Gonzales refused to join the conspiracy.

– March 2007: Colunga confronted Gonzales in his office with a "concern" regarding the same health insurance contract. He (like Cortez) told him he did not want Healthsmart and that the superintendent must recommend one of Cavazos' insurance firms. Gonzales told Colunga he would follow the recommendations of CFO Juarez.

– April 2007: Gonzales transferred Mary Tolman from her position as principal of Rivera High School to the Central Office. Trustee Otis Powers was very upset and told Gonzales that this was not right and "this was not going to end there." Powers told Gonzales he shouldn't have transferred her because she was his sister-in-law.

– Starting in June 2007: Colunga met with Gonzales to "discuss issues" and stated that he wanted a Special Service Program (the TTT program where his son was enrolled) moved t another location, subject to his approval, and that he wanted the new location completely remodeled. The same message was conveyed to Gonzales by a Colunga proxy and threatened that he "better make it happen because Mrs. Colunga wants this and she gets what she wants."

– From June 2007 to December 2007: Colunga visited Gonzales frequently on the Triple T program with the result that the threats against Rendon and Gonzales ended up with the program being relocated to the ITEC building, which was remodeled. Colunga, however, was still not happy. He threatened both Rendon and Gonzales to move the TTT program to Clearwater Elementary and have that remodeled as well.

– Oct. 16, 2007 board meeting: Colunga, seconded by Cortez, passed a motion to give Gonzales a raise to $205,000 a year, a $500 per month vehicle allowance, and a one-year contract extension.

– Dec. 2007 to February 2008: Agular Cortez, and Colunga met with Gonzales to discuss their "concerns" regarding the upcoming health insurance contract. They made it clear that they did not want Healthsmart, but one of Cavazos' companies.

– May 2008: A Colunga proxy told Gonzales that the trustee was very upset at him because of Rendon's management of the special education department. She told him that Colunga wanted him to fir Rendon, and if he refused, he would be fired himself. Gonzales figured that the message was intended to "completely stop further and continued attempts to uncover illegal and improper activity by the board and members of the administration and get Gonzales to join the co-conspirators."

– Also May 2008: Cortez went to Gonzales and instructed him to promote his wife to principal of Benavides Elementary. Cortez threatened Gonzales that "if he wanted to remain at BISD as superintendent, he should make it happen. Gonzales said he could not oblige such a request. Cortez responded "we will see what happens." Gonzales reported the incident to BISD counsel Mike Saldana. Saldana told Gonzales that the board majority could change in November 2008, thereby becoming part of the conspiracy.

– Through June 2008: Colunga continued visiting Gonzales to have the superintendent fire Rendon from Special Education.

– Summer of 2008 and beginning of 2008-2009 school year: The Colunga proxy reiterated to Gonzales that Colunga would have him terminated if Rendon wasn't fired because both Mr. and Mrs. Colunga were unhappy with Rendon.

– Sept. 16, 2008: CFO Antonio Juarez recommended AAG/Berkley for the Stop-Loss Insurance contract which was not adopted by the board at that meeting. Afterwards, Cortez visited Gonzales in his office and told him he did not like the recommendation and didn't like "being lied to." Gonzales said he would have Tony Resendez, counsel with Walsh, Anderson, Gallegos, Brown and Schultze to look into the matter. Resendez recommended the matter be handled administratively with a warning to Juarez that perhaps he did "not communicate effectively" to the board.

– Sept. 23, 2008: Board evaluates Gonzales and gives him a "very effective" rating, and awarded him an additional $20,000 pay increase but did not extend his contact.

– Immediately after this board meeting: Gonzales and board members attended CUBE convention in Las Vegas and Cortez approached Gonzales and told him the current board did not extend his contract because they were going to "hold him hostage." He also said his job "was on the line" and that the superintendent needed to "prove that he would do as they directed" and to "start proving himself by firing Rendon because that would make Colunga very happy."

Further, Cortez said there was going to "be a change" and that Gonzales needed to "play ball with his side" or be fired. He also said that once Zayas was elected, they would have the majority vote and that they wanted the current insurance policy cancelled and a new insurance policy to be awarded to Cavazos.

Cortez also told Gonzales they wanted Rendon fired and his contract terminated immediately. Further, Cortez warned that Gonzales "needs to listen to him because they will be in control and all he has to do is do what they tell him to do" because "this was the way Brownsville operated."

– October 2008: Saldana met with Gonzales and told him that if Zayas won the election "it would be all over for him and that he would most likely be out so they would need to "work on an exit strategy."

– Oct. 21: Cortez requested a consent item on the agenda related to "apparent misinformation" directed toward board members on insurance contract. Another "superintendent evaluation" was placed on agenda but no action was taken. Aguilar. Cortez, and Colunga all met with Gonzales separately after the meeting regarding Juarez. Each conveyed to Gonzales that they wanted him to fire Juarez for "lying" to them regarding the Stop-Loss insurance contract they wanted to go to Cavazos. They all wanted Gonzales to fire him and then give a recommendation to Cavazos' company.

– Nov. 4, 2008: New board members elected included Caty Presas-Garcia, Minerva Peña, and Rick Zayas. The new board majority was Aguilar, Colunga, Cortez and Zayas.

– Nov. 18, 2008: Oral presentation of Resendez "investigation" in executive session and the new majority told Gonzales to fire Juarez. Saldaña told Gonzales that if he did not fire Juarez, the new majority would fire him without his recommendation. The Resendez report, dated Nov. 28, 2008, indicated that Juarez had done nothing wrong. Saldaña again told Gonzales it was time for him to "exit" and that he was going to contact Gonzales' attorney Ruben Peña.

– Nov. 19, 2008: Gonzales met with Juarez and told him of the new majority's plan to fire him for not recommending Cavazos' insurance company for the district's coverage. However, Gonzales refused to terminate Juarez and instead offered to reassigng him to the Grants Department. Juarez accepted.

– Upon discovering the reassignment, trustees Aguilar, and Cortez went to Gonzales' office outraged. They both screamed "Why didn't you fire Tony? Why didn't you just terminate him?"

– In the days and months following this episode: The BISD majority and its co-conspirators tried to procure false grievances against Gonzales in a further attempt to discredit, discriminate against, and terminate him.

– Sept. 18, 2009: Because of his refusal to stop and/or silence efforts to uncover and expose illegal and other improper activity of the conspiracy, Gonzales was terminated. He further charges in his petition that the conspirators manipulated and created evidence, coerced and intimidated witnesses, gave false testimony, and falsified records to make it appear that the Special Services Department was in a financial mess and in an organizational shambles. Further, the conspirators controlled, corrupted, and manipulated the entire grievance and appeal procedure such that the outcomes of specific and selected cases at the conspirators' choosing, were pre-determined.

Gonzales charges that these actions by the conspirators amounted to First Amendment retaliation, termination for refusal to participate in illegal activity, intentional infliction of emotional distress, and blacklisting.

He asks the court to award him a judgement against the defendants for economic damages, mental anguish, general damages, reinstatement, attorney's fees, cost of suit, and other relief the court deems appropriate as well as exemplary damages.