WILL THERE BE UIL FALLOUT FROM JROD-BISD RINGGATE?

By Juan Montoya
As early as June 9, 2016, after an invoice from ring maker Herrf Jones arrived in the mail at Porter Early College High School, red flags should have gone up.
Since it was during vacation time, the invoice was simply tucked away.

The company, through its vendor, Luis J. Garza, was billing Porter for a total of $31,025.00 for 40 gold rings for 29 soccer players and 11 non-players associated with the 2016 5A District champions. The rings were duly presented to the players and the others during a Sept. 1 ceremony at Porter.

Right after that, questions arose as to who had ordered the rings. It wasn't the principal Hector Hernandez, who himself received a ring valued at $995, because it was Hernandez who forwarded the invoice to Brownsville Independent School District Superintendent Esperanza Zendejas after classes had started September 8 and wondered "I am not sure who will be the responsible party for all of this."

Zendejas, who also received a complimentary $995 ring as did BISD board member Joe Rodriguez, replied on Dec. 1, that "the district nor the school purchased any Porter Early College High School championship rings...The adults purchased their own rings. The student rings were donated by the company to support our students and school...Again, the district nor the school used any funding toward the purchase of student or adult championship rings."

This flies in the face of concerns raised by trustee Minerva Peña at the January 17 meeting where she told members she had brought the issue to the board after a coach had asked her if he would get in trouble if he left the district and didn't pay for the rings.

And it is a direct contradiction to Co-Lead BISD Auditor Arvin Tucker's report dated Dec. 12, 2016, that "(Zendejas) realizing NOT having funds to pay for rtings, negotiated with the supplier to donate 29 rings to be given to players and asked all non players to pay for the rings they received from their personal funds.

By that date, people knew there was trouble afoot. Two months after Tucker began his investigation, Herrf Jones salesman Garza had withdrawn his invoice for payment on the $25,000 cost of the player's ring. That letter was sent, not to the purchasing department or the school, but to Zendejas, on Nov. 18, 2016, apparently after Zendjeas "negotiated" with the vendor on payment for the rings.


Garza wrote Zendejas a letter thanking her for "giving us the opportunity to become a sponsor of the PH Soccer Team and Brownsville ISD. As part of our sponsorship, we are donating the Championship rings to the players. It is our way of giving back to the community, the school, and the School District."

But there was a catch. As BISD general counsel Baltazar Salazar told board members at their January 17 meeting, board policy did not allow for the district to accept donations after the fact. The district has to approve the donation before it is made. The board would violate its own policies if it accepted the "donation" in January for a purchase that had been initiated in June 2016.

And there was another catch. Since the rings were not acquired by the district through its formal procurement process, the district could not pay for them since neither the school, the Athletic Department, or the administration, had ordered the rings.

What to do?

BISD member Minerva Peña, at the Tuesday (February 7) meeting, placed an item on the agenda. It read:
47. Discussion, consideration, and possible action to request assistance from TEA (Texas Education Agency) Governance Division regarding procurement procedures in the district as they relate to pending issues; i.e. tablets and rings. (Board Member Request - MP)

By a 4-3 vote, the board did not approve the proposal to seek assistance from the TEA. The "nays" were Joe Rodriguez, Carlos Elizondo, Cesar Lopez and Phil Cowen. The "yeas" were Dr. Sylvia Atkinson, Peña, and Laura Perez-Reyes.

Should Rodriguez – associated as he was with BSN, under the same umbrella of Varsity Brands, their parent company– have recused himself from even discussing, or worse, voting, on the issue?

There is other fallout. Student athletes who accepted the rings lose their amateur status participating under UIL rules if within the preceding 12 months received money or other valuable consideration for participating in an UIL sponsored sport. If the student did not know he had violated the rules affecting his status, upon learning of it, he can remain eligible if within 30 days of being told of it, he returns the valuable consideration. Each of the 29 students received rings valued at $895.

Coaches also face suspension if they accept more than $500 in money, product or service in recognition or appreciation for coaching, directing or sponsoring of UIL activities. Did the coaches know that they had to pay $995 for the rings? Obviously, the porter school administration did not or else principal Hernandez would not have written Zendejas for guidance. And trustee Peña's voicing of concerns from coaches on whether they could keep the rings indicates they did not either.

Additionally, if it is found that the entire team violated the UIL the Porter soccer team may be penalized and not each individual. In other words, the Porter soccer team may be prevented from participating in UIL sponsored activities.