Tuesday, September 11, 2012

THE COACH JOE TRADITION: CHILD LABOR, UNFAIR LABOR ACTS, STIFF FINES FOR BISD

By Juan Montoya
Former Brownsville Independent School Distinct administrators and trustees still remember the costs that had to be paid to district employees who complained about having to work for former
Athletic Director Joe Rodriguez for the benefit of his private non-profit.
"We had to pay about $28,000 as a result of their grievances in 2008," recalled one. "Coach Joe would use them at his fundraiser as well as BISD vehicles and other equipment. He used to have BISD coolers full of Coors beer at those functions against the policies of the district."
Another part of the Joe Rodriguez legacy came back to bite the district in its fund balance. Just as Coach Joe would make use of district employees for his functions, the U.S. Dept. of Labor Wage and Hour Division has assessed fines totalling $45,920 against the district for using minors against the child labor provisions of the Fair Labor Standards Act. The fines come under two provisions of the FLSA; hours standards and under legal age employment.
The Department of Labor probe covers only two years (2010 through 2012) but some BISD administrators say the district lucked out paying only the fines for two years instead of the larger amounts if investigators had go back even further.
"We lucked out," said an administrator. "If the Dept. of Labor had gone back to 2008 or before we'd be looking at perhaps $100,000s instead of the $45,000 they assessed in penalties for the last two years."
The fines were assessed because of the continuing use of students (some as young as 12 or 13) to move the chains, chase balls, help with the setting up of the fields and other assorted tasks during football games and other sporting events. Others dealt with the violation of hours standards for 14 and 15 year olds. 
In a report that Superintendent Carl Montoya gave the trustees, he informed them of the Dept. of Labor findings but did not give specifics on the locations and the amounts per site. However, he did say that the money would have to come from the district's fund balance that had recently taken a hit from the settlement with former superintendent Hector Gonzales and former CFO Tony Juarez.
Below is a list of the sites and violations and the fines assessed.
1. Sam's Stadium – Hours standards, 1 violation (14-15): $1,150
Under Legal Age for Employment (12-13): $6,000
Total: $7,150

2. Pace High School – Hours standards, 5 minors (14-15)
Total:  $2,795

3. Lopez High School– Hours standards, 5 violations (14-15)
Total: $1,725

4. Veterans High School – Hours standards, 8 violations
Total: $4,600

5. Besteiro Middle School – Hours standards, Under Legal Age for Employment, 7 minors (12-13)
Total: $20,220

6. Garcia Middle School – Hours standards, 5 violations, $2,875
Under Legal Age for Employment, 1 violation, $6,000
Total: $8,875

7. Hanna High School – Hours standards, 1 violation
Total: $575 

Total Fines:  $45,920

15 comments:

Anonymous said...

Football in Brownsville is like politics....everyone wins but the citizens. The coaches are paid too much to produce losing teams...but the culture of football, like the culture of corrupt politics, reward scoundrals and poor coaches. The loses increase and the salries increase...rewarding failure.

Anonymous said...

All employees of the school district are processed through the Department of Human Resources. Requisitions for payments are processed through the Finance Department. Checks are processed through the Payroll Department. All of these departments are supervised by top Administrators (Department Administrators, Area Administrators, Chief Finance Officer, and the Superintendent of Schools) which are responsible to the board of trustees. Therefore, who is responsible for the violation of the Child Labor Laws the last two years? All of them including the school district auditor. Of course, Cata would like to put all the blame on the J. Rodriguez who was not even working for the district the last two years.

Anonymous said...

The Garapata is hilarious. She gives away the bank in the Healthsmart decision and the Juarez-Gonzalez fiascos. Now she's trying to blame this $45000 fine as the reason the fund balance is depleted.. Get real !

Anonymous said...

come on, this is chump change to what we pay-out to "fired" bisd personnel. Live with it.

Anonymous said...

Catas quote is downright stupid. Here we have a board member who breaks the law everyday saying administrators need to be schooled on the law.... Whatever Cata... Be careful leaving money lying around, it will end up in her bank account. 45,000 fine is NOTHING compared to the millions you've given away, dumb broad.

Anonymous said...

What is downright stupid about complaining that Joe Rodriguez was reckless and could care less about how mney was spent at BISD. have we not forgotten the Internal Audit Reports that pinpointed exactly tese offenses. Who is stupid here the person who exposes this behavior or the person who justifies it. Anon at 7:04pm the stupid!!!!!!!!!

Anonymous said...

Typical negative propoganda paid for by Cata. Thank you Juan for being her voice and vehicle of self destruction. Damb she's stupid!

Anonymous said...

The report only went back 2 years, but can you imagine what is would have been if they had gone back to the time that Coach Joe was around? Even so, Coach Chavez is a carbon copy of Coach Joe! Caty witnessed a lot of improprieties when she worked at the stadium and all she is doing is being a dedo. That is good because so many people are afraid to stand up for the truth.

Anonymous said...

Hey can anyone tell us how many times Cata La Rata took money from the Aquatic Center. Heard several thousand were missing. Did someone take it to her after she resigned. She is always crying about money and paying her hairdressers with hot checks. Well anyone................

Anonymous said...

Someone had to complain they don't do routine checks on such things. I smeel CPG being behind this also. Coach Joe is long gone he didn't cause any of these they are too recent. Interesting that not all schools are involved. Not even all High Schools.

Anonymous said...

Accountability? What has been or will be done to those administrators from the schools that abused the rules of employment. Rubio was promoted to the main office and she had the most money abused? Is that accountability?

Anonymous said...

Witch hunt! Started last fall when Cata was on the warpath and dead set on taking out anyone who had anything to do with Coach Joe -she's on the warpath again since lawsuit filed against her buddies, Defenbaugh. She really really needs to get a life.

Anonymous said...

Did anyone see her advertisement for Trustee. "We have to live within our means". This, by her standards, means going bankrupt several times.

Anonymous said...

Like I said 9:37 pm aka Cata, you are down right stupid.... Let's spell it out for you one more time.... $45,000 vs MILLIONS you gave away.....once again you prove what everyone already knows... You are THE absolute dumbest...

southmost kid said...

Ok ya no lorene any way who ends up with the bills all the time the brownsville taxpayer, justice? at county courthouse you got to be kidding, not going to happen, who is more corrupt BISD or cameron county? you decide

rita