MORE THAN CONFLICT OF INTEREST DISCLOSURE LAWS VIOLATED IN RODRIGUEZ RINGGATE; COACHES ALSO ERRED

By Juan Montoya

During the January meeting of the Brownsville Independent School District, the issue of whether the district could vote to accept the "donation" of 28 rings valued at $25,020 made by vendor Herrf Jones was discussed.

The rings had already been handed out to the student athletes and coaches in September 1, 2016 and after some board members started asking questions about who ordered the rings and who had authorized their purchase, internal lead auditor Arvin Tucker was ordered  to launch an investigation.

Tucker's re[port did not identify who ordered them or whether the administration had agreed to pay for them, but he did recommend that the board formally accept them at the January meeting.

To trustee Minerva Peña, this was like putting the cart before the horse.

To trustee Joe Rodriguez – a "representative ambassador" for BSN Sports, a sister company of  Herrf Jones, the ring maker under the Varsity Brands umbrella – it was like looking a gift horse in the mouth and if people wanted to make a bad thing about it, "so be it."

Rodriguez, who did not file an affidavit of conflict of interest prior to the January 17 meeting where the issue was discussed as required by the Texas Local Government Code, not only discussed the item and voted on it, but also made the motion for the district to accept the Herrf Jones "donation." Trustee Phil Cowen seconded the motion. It died after a 3-3 vote –trustee Carlos Elizondo did not attend – and the issue remains alive pending a recommendation by the administration on what to do about the issue.

BISD legal counsel Baltazar Salazar told the trustees that local policy did not permit for the acceptance of any donation after the fact and could only be made before the rings were given, not afterward. In other words, quit horsing around and be transparent. The board, he said, lacked authority to accept them three months after the rings were handed out to students and coaches.

"Let's be transparent," he said. "There is still a question on who ordered the rings. Other people besides the athletes received the rings."

And the vendor, he reminded them, did not mention making a donation until they learned that there was an investigation into how the rings were ordered and who ordered them.

Ana Oquin, a local business woman and a trustee candidate in the last election, said during public comment that in her experience, vendors do not donate anything unless they expect to "recuperate" the money now or in the future.

Peña said she was surprised that someone in the public had brought out the issue and that a coach who was leaving the district has asked her whether there was a problem keeping his ring and whether he should pay for it.

Rodriguez petulantly suggested that if the board was bothered about the rings donation which he called "a good thing," they should go find the students and have them get the rings back.

"You don't get a state championship every day," he said. "I knocked on the door and didn't make it and came back second place."

Now we hear that the donation (and acceptance) of a gift over $500 by coaches may have violated UIL rules.

According to the UIL, "Individuals who coach, direct or sponsor UIL activities in grades 9-12 may be suspended if:

(a) they accept more than $500 in money, product or service from any source, over and above the stipend paid by the school district, in recognition of or appreciation for coaching, directing or sponsorship of UIL activities. (See Section 1202). The $500 limit is cumulative for a calendar year and is not specific to any one particular gift;

(b) they accept money, product or service for entering their student(s) in a contest or other activity;

(c) this section includes, but is not limited to, money, gifts, use of automobiles, insurance, club privileges and any funds tendered by booster clubs for other services; and

(d) it is a violation if coaches and/or their attorney(s) accept money or other valuable consideration for payment of legal expenses incurred to file suit or take other legal action against a school, school district or the League.

(e) EXCEPTIONS:

(1) Scholarships. A sponsor or coach may accept from any source in any amount a postsecondary institution scholarship.

(2) Retirement. Upon retirement from the profession, sponsors or coaches may accept money or other valuable consideration in any amount from any source.

(3) Annual UIL Award For Excellence. A sponsor or coach may accept the Annual UIL Award for Excellence sanctioned by the UIL.

Trustee Laura Perez-Reyes said that whether the board intended to violate its policy or not, "we have already done it" and that if necessary to "make things right" the district should go ahead and pay for the rings.

"We need to do the right thing," she said after Rodriguez and Cowen had their say.

Will they?