FROM THE MAN WHO WANTS TO BE A BISD TRUSTEE

Partial conversation between Otis Powers and Antonio Juarez taped on January 14, 2009
(Former Brownsville Independent School District Chief Financial Officer Tony Juarez got together with Darrell and Otis Powers at the latter's home for a cookout and drinks. Unbeknownst to the Powers, Juarez was recording the conversation where the former BISD trustee advised him on how to proceed with the board after he was removed from his position. Juarez incurred the wrath of the board' majority [Ruben Cortez, Rick Zayas, Rolando Aguilar and Joe Colunga] after he recommended that a company other than the one represented by the late Johnny Cavazos, the agent of record, be awarded the contract. Juarez went to the FBI instead and sued the district. The tape was admitted into evidence by federal judge Andrew Hanen. Juarez later settled with the BISD and was reinstated as Assistant Superintendent Human Resources. Powers is now running for the board of the BISD Place 3 against Argelia Miller.)

Juarez: But how do I handle it?
Powers: 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.

(Here Powers tells Juarez that backdating contracts to justify paying people already working for BISD without authority was a common practice.)
Juarez: Say because this is what I’m thinking. Ok, I filed the grievance. Do, you know what you’re saying that I need to do and then the board turns around and says that we never said anything.
Powers: No they aren’t going to say that. They are going to hear your grievance. Why did Hector...? The key, the key word to me on your grievance is going to be retaliation, coerced, whistleblower
act...Let me ask you a question, you brought (a former BISD employee) to the board...I mean the Superintendent “Hey we can’t be paying this.”
Juarez: Well basically you know, I looked at the contract and I said…
Powers: There was no contract...l know everything, I was on the board at that time. So they tried to
develop a contract and that dates to July 1 of ‘08 to June 30 of ‘09 because they were already
paying (that employee)  prior to that.
Juarez: I didn’t know they were back dating any documents.

(Here Powers advices Juarez not to sue the district or the four board members and says former Special Needs director Art Rendon made a mistake suing them and the district after he was terminated. Rendon eventually settled with the BISD, too)
Juarez: I, you know, in my case apparently I really…
Powers: You were listening to Hector...l think you were coerced, I think you were, uh bottom line you were afraid to lose your job, bottom line, you were afraid for your job. You felt Hector, Hector’s got a way of manipulating people and convincing you to listen to him. That’s what I told Art Rendon, I said Art you’re getting set up. Cuz I didn’t know you were gonna sue somebody. I would have told him not to. He sues four board members. The board attorney who knows more about that than anybody else...because Hector told you to do it? Why? Why would you even want to go down that alley. I would’ve never done that. But it’s gonna get ugly. What do you, I mean the main office is buzzing.

(Here Powers tells Juarez he should tell the board that Gonzales lied to him about the Stop-Loss insurance recommendation as part of his grievance to regain his position as BISD's CFO.)
Juarez: See that’s why, that’s why, you know I’m asking. You know, I got burned once and how do
I know I’m not gonna get burned again. (Laugh)
Powers: Because you are going against Hector. Do you have any idea...this is gonna be the key question...I was a board member for 10 ½ years, I was there when Dr. Noe Sauceda was suspended with pay pending investigation. Every employee that came in...see you file a grievance...now they are sayin, hey wait a minute I was done wrong, I was retaliated by the superintendent because I was told I should say this and I should say that. I was coerced because I was afraid of my job. I was told that if I didn’t do that I could lose my money. Now we were good. But three other board members will hate you and we know. There’s no doubt about that one either. You turned over Hector. But it’s not about you turning over Hector it’s about doing the right thing. If you, in your heart, do you feel like Hector lied to you? Because if you feel that Hector lied to you...you feel like Hector set you up for failure because you knew more of the truth. Do you remember when we were going through that Stop-loss, even I asked you...I said, now is this the best possible, yes it is. And I supported it, remember? See and Colunga and Aguilar and Cortez thought I wouldn’t do it. Cause they I, I, I know, I know this bidding of 25 years. That was the best lowest bid. But soon as the board went 3-3, and then remember Cortez kept on harping on the Cortez, on the the consultant, consultant, consultant? Then we had an insurance meeting, why? Consultant said no I didn’t know anything. Well your key thing is, how much involvement was Hector involved. Was he involved, yes or no?
Juarez: That’s what the board wants to know?
Powers: Did he know that the consultant knew about it? Did he know about Special Services funding? I don’t know if you know about Specials, now that I’m not clear on, I know about the insurance...uh was they, were they ever noti, were you ever, well you just got on board in August, didn’t you.. Were you notified of all the discrepancies in Special Services? They kept it from you right? See Art Rendon ruled over there, right. He would come in and talk to Hector and that was it. Do you feel, like you said, that you were betrayed by Hector? Did he threaten you? Did he coerce you? Did he tell you what to do? How to do it? I’m gonna protect you don’t worry. I’m gonna gonna reassign you right now but later on I’ll put you back...you know what I mean? That’s the key questions. How much…what did he tell you in order for you...well then you never went to executive...you never were given the opportunity. And then...that’s your...that that e-mail from Fox...that's that’s your email from Fox is why you file a grievance and that you never were given an opportunity to go into executive with your facts...like you told me you have facts ... you I did tell the consultant, yes Hector Gonzales knew about everything. Why don’t you do that? Oh man you are protected. But you have to go through the formal procedures. The remedy stop is for you to go back to CFO.

(Here Powers tells Juarez that his grievance should include incriminating evidence against Gonzles and tells him that the board will launch an investigation of the superintendent.)
Juarez: See and that, and that, and that’s where I’m getting at is that what guarantee, you know, I
know nothings guaranteed but what guarantee is there that I’m not gonna be left hanging
again.
Powers: Let me put it this way. If they launch the investigation, which is gonna happen Monday, it’s a fact, you know it and I know it...
Juarez: If they, If they what, lose?
Powers: No No No if they launch the investigation.
Juarez: Oh, launch the investigation.
Powers: They are gonna suspend him. It’s obvious, If I’m the board president, I don’t call that meeting unless I know I’m gonna do it.
Juarez: Okay.
Powers: I don’t care what Cati is sayin...or Pena is saying...or Escobedo is saying...l don’t care. I have the votes...l’m gonna do it and find out who’s lying. Do you think you have enough data...you have a grievance before Friday, that I will tell you want to make sure its all there
Juarez: Right. Well that’s why I’m here. Its, uh, Wednesday and I have tomorrow….
Powers: And the next day
Juarez: and Friday morning…
Powers: You make sure you wanna file one before. That way once they suspend him, then your then your name pops up immediately. Cuz uh...see you’re like me...you’re a CPA, I’m an EA...I got an accounting degree, you got an accounting degree...which is dealing more of the educational services side, me I said on the accounting side...instead of going into education I had my practice for over 25 years. You know about the code of ethics we have and the rules and regulations and all that crap that goes into it...if you feel that you had to cover up because you were forced to...then you nail Hector to the board. I don’t know how much how close you were with Hector, that I don’t know. I’m gonna tell you, I’m gonna tell who, let me go to the restroom, and I will tell you who told me your name before you were even on the team...and you will be shocked...no you probably know about it. (Otis leaves the room for a minute and reenters) Hector in August....
you get hired when did you get office?
Juarez:My first day was August 11th I think.
Powers: Ok, he had someone on the agenda in July. Somebody from Harlingen.
Juarez: Oh the business manager from Harlingen?
Powers: That’s who it was. I said no. He got mad at me. I said I’m disappointed sir. I said, we’ve given you all the people you want. We gave you Cavazos, we gave you Beto Gonzales, now you want
me...I said no sir I think the CFO needs to know about Brownsville more than anything
else...cause that’s a very very highly field that we need to protect. He goes, then I’m not gonna
support it. Now I’ll tell, uh, superintendent but I won’t say any of their names. That’s my
authority. I don’t care who it is, I don’t have to vote for them. After that, I go to Art Rendon’s
house and he mentions your name.

(Here Powers continues to advice Juarez to file a grievance against Gonzales and tries to convince him not to file a lawsuit against the BISD and the four board members. He cites the example of Rendon and tells Juarez "We're gonna have him gone.")
Juarez: Well that’s, that’s why I’m asking is that, I mean, this insurance stuff has gotta be pretty
big for him and everybody else to get pissed off.
Powers: It’s the stop-loss...this things the TPA...stop-loss. That’s stop-loss, You can’t, I mean you are dealing with million dollars in premiums.
Juarez: Yeah, it’s a million dollar premium, yeah.
Powers: Yeah that won’t get you to resign. What...for Hector to take a drastic change to you…
Juarez:Well somebody must of put pressure on him to do it.
Powers: Well they put pressure on Hector to remove Art Rendon and what did Art do nothing.Uh Hector didn’t do anything to him
Juarez: Well probably because he filed a law suit and the only difference is that I haven’t even filed
a law suit.
Powers: No, no, no you can’t file a lawsuit...you can’t file a lawsuit. Art Rendon cannot file a lawsuit.
Juarez: Yeah, I know. I know but I didn’t do anything. You know, I went with the game, played the
game…
Powers: Art Rendon did it because he was told to do it by Hector. Hector manipulates Art, Cati, Pena that group of people. I can tell you what happens, you being the good ole boy you are...like I do I’m a good ole boy, I trust people, you know I trust people a lot you know. Art went too drastic. Now
he’s on the agenda and guess what they got the four votes to hire an attorney. Now, BISD has
millions of dollars...multi-millions...to challenge Art Rendon. Do you think Art can cover that?
We’re gonna have him gone. (Phone rings and Otis answers to talk to Sandra, his wife.) I mean
shoot, you file a grievance with the board...you got nothing to lose.