THE $90,000 BISD VS. COACH JOE HUSH-HUSH SETTLEMENT

By Juan Montoya
During this last time around for elections of the Brownsville Independent School District board of trustees, much was made about the $2 million First Amendment lawsuit filed by former trustee Lucy Longoria and current member Catalina Presas-Garcia.
Althtough that litigation is still years from an eventual conclusion one way or the other, trustee Cesar Lopez made it seem like the most unconscionable thing that one could do was "take money form the children" that could be used for instructional purposes.
We don't know how that lawsuit will turn out.
What we do know is that the lawyers that the BISD defense has hired to defend the district are racking up expenses climbing toward $500,000. One of those law firms is Colvin, Chaney, Saenz and Rodriguez LLP. In fact, the "Rodriguez" in the law firm turns out to be the son of newly-elected trustee Joe "Coach" Rodriguez. That lawyer, Tony Rodriguez, was also his father's representative in a lawsuit he threatened to file against the district alleging that the release of two audits generated by the BISD into a golf tournament using BISD personnel and equipment was flawed and its release would be damaging to his reputation and his "long distinguished career (his own words)."
In the reports, Rodriguez was also accused of allegedly mistreating his employees, and even forcing them to work this tournament, even though it had nothing to do with the BISD.
Continuing with more severe accusations, the reports also said that Rodriguez and his administrative staff harassed district employees, at times falsifying the amount of hours they worked, and even safety concerns were brought up. The reports also said that there was no accounting of how much money was actually raised, how much was given as scholarships, or where the rest of the money went. Up until this day, Rodriguez has never had to answer for that.
Rodriguez countered through son Tony that the reports were one-sided and charged that his version of events was not included in the evidence handed by Presas-Garcia to the Cameron County District Attorney. In short, the coach complained Garcia-Presas was bullying him.
Rodriguez notified the district that if the reports were released, it would face a lawsuit claiming he was being targeted by then superintendent Hector Gonzales and Presas-Garcia, who had been elected to the board prior to his retirement after 35 years working for the district.
The district blinked and fought the Texas Attorney General Office which rendered an opinion that the audits could be made public to keep Rodriguez from suing. A private citizen and the Brownsville Herald had made requests for the audits. The TAGO said the reports were public information which should be released.
Rodriguez said that the TAGO was unaware that the reports did not contain his version of the facts and said internal audit procedures were not followed.
In fact, the district reached a settlement with Rodriguez and "Coach" Joe did file a lawsuit, but not against the district, but only against Presas-Garcia. At the time, in June 2010, the board included Presas-Garcia archenemies and Rodriguez's political allies Rick Zayas, Ruben Cortez and Rolando Aguilar.
Those buddies of his approved a settlement totaling $90,000 so that Coach Joe wouldn't sue them or the district. Funny how this time no one ran to the local newspaper to announce their generous giveaway and the voters of the district never heard about it. But, ironically, that board approved the settlement and agreed to give him the cash while allowing him to continue his legal assault against Presas-Garcia individually.
In the lawsuit against his now-fellow trustee Presa-Garcia, the Rodriguez tag team insinuates that she was somehow responsible for lax fiscal controls of the aquatic center where she worked at hinted strongly "upon information and belief" that she was responsible for a shortfall there of $7,368 that was detected by an internal audit Rodriguez ordered. That report, which did not mention Presas-Garcia (or any other employee) by name, was used in the Rodriguez lawsuit to hint that she had stolen the money. In the lawsuit against her, a deposition is included where Presas-Garcia admits that in one instance when there was a Red Cross function at the aquatics center, it was too late in the day to deposit at a local bank and she deposited that day's receipts (not the $7,368) in  her personal bank account and made a check for the amount to Sam Fruia to cover the amount. Fruia gave the check to the Red Cross that same day.
To say that there is bad blood between Rodriguez and Presas-Garcia is putting it mildly. However, a look at the docket sheet in the Rodriguez vs. Presas-Garcia lawsuit indicates that the litigation originally followed on October 15, 2010, was non-suited on January 19, 2012. The object of the litigation had already been achieved, we guess.
The original petition itself is filled with quaint (and cute) references to Coach Joe's glorious career and cowboy-like image. In the original petition, Rodriguez complains that mean old Presas-Garcia "spoiled plaintiff's intent to ride off into the sunset and retire with honor and dignity."
We guess that the $90,000 parachute provided by his bods through the settlement has run out and Coach Joe is back for more action on overtime.
Well, Cesar, how many pencils and erasers did the children of our district have to do without to salve Coach Joe's "mental anguish" and restore his "honor and dignity?"