COWEN: BISD BOARD NEEDS TO HIRE LAWYER TO PROTECT CARLOS ELIZONDO FROM "INTIMIDATION," BAD BARBACOA

By Juan Montoya

Just before board members of the Brownsville Independent School District got their agendas for this month's meeting on Tuesday, Phil Cowen had put an item on their agenda to restructure the board.

Sources say that he wanted to make fellow board member Carlos Elizondo president and replace the other officers. However, his proposal, coming as it did after the indictment of the former fire chief charging him with one charge of Theft by a Public Servant and one of Misapplication of Fiduciary Property, both third-degree felonies, was pulled before it was included.

The stolen funds reportedly came from the Brownsville Firefighters Association Local #970's Political Action Committee's bank account after the Texas Ethics Commission had sanctioned him and removed Elizondo as treasurer in 2009. Firefighters association officers reported more than $8,000 were taken by Elizondo or one of his agents without authorization over the last two years he was listed as treasurer of the PAC and was president of the union.

Using those funds, reports indicate he made payments to local political workers, BISD trustee Minerva Peña for a recount in a justice of the peace race, and Grafik Spot, a sign and ad company which has done extensive business with the BISD.

Cowen's proposal got a negative reception from most board members, and even failed the stench test of board president Cesar Lopez, normally always in the corner of Cowen and Joe Rodriguez, who were backing the proposal.

Seeing it was dead on arrival, Cowen reluctantly withdrew his agenda item and the board structure remains the same.

But Cowen isn't done yet.

He was the administration's most ardent supporter of the 11 1/4  cent hike in property taxes to generate enough collateral to borrow $100 million for facilities construction.
And he believes that Elizondo – a sure vote for his initiatives on the board – has been singled out and intimidated by 357th District Judge Elia Cornejo-Lopez, Cameron County District Attorney Luis V. Saenz, and city commissioners Ben Neece and Cesar de Leon.

So Cowen wants the district and fellow board members to circle the wagons and assist Elizondo, in effect paying for his defense against the "baddies." He calls it a consultation to be advised on how to deal with "board member intimidation."

In Item 2 of the board members' request, he wants hire an attorney to give the board "Consultation regarding potential litigation regarding TENASKA/PUB; VALCO; Graphic Spot and Board Member intimidation and action to hire attorney to represent district and Board Member(s) interest. (Board Member Request - PC)."

Elizondo was represented at his bond hearing by lawyers Noe Garza and Victor Ramirez, who apparently have withdrawn and now on Wednesday he will be arraigned in court on the two charges.

How Cowen can justify defending the former fire chief and lump it under the potential BISD litigation against PUB-Tenaska over the increase energy charges (35 percent hike in electricity alone) that have cost the district millions through increased rates to build the plant, VALCO's sale of spoiled barbacoa meat processed in Mexico investigated by the USDA, or the ad company Grafik Spot?

And given the nature of the charges (theft), if convicted, Elizondo would be rejected as a BISD employee under the district's "moral turpitude" hiring policy.

Just how high is the threshold of abuse of the BISD taxpayer? It seems that through his actions, Cowen thinks it can still stand a bit more of abuse without complaint.

The board meeting is tomorrow, Nov. 7, at 5:30 p.m. at the BISD  Administration Building at 1900 Price Road.