The federal jury verdict awarding former Texas Southmost College president Lily Tercero $12.5 million in damages and $675,000 is casting a harsh glare on a practice that is a blueprint for disaster: allowing lame duck boards to extend administrators' contract and unloading the burden on incoming board members.
This same recipe for disaster is brewing in the Brownsville Independent School District as we speak.
This past Tuesday, voters swept out two incumbent and since another didn't run for reelection, the BISD board will now have a majority who might not want Superintendent Esperanza Zendejas at the district's helm. The incoming candidates did not run on a stated fire-Zendejas platform, but their calls for "transparency," "change" and "reform" indicates that they think her administrative style and policies are part of the problem.
But what stands in the way of the new board members implementing their campaign platform and changing administrators?
Before they left the board – and prior to the elections where two of them turned out to be losing candidates – the three outgoing BISD trustees formed the majority to extend Zendejas' contract for an additional three years.
Foremost among Zendejas' boosters was Joe Rodriguez, who at the October 2 meeting, less than a month before the November 6 election where he was ousted, convinced his two other allies and third trustee (Carlos Elizondo, Cesar Lopez and Laura Perez-Reyes) to extend her contract. By a 4-3 vote, they extended her contract through June 30, 2021 at $305,000 a year.
Dr. Sylvia Atkinson, Phil Cowen and Minerva Peña voted against.
Just two days later after that meeting, Zendejas told the Brownsville Herald that "board attorney Baltazar Salazar approached her in June saying some board members wanted her out and if she didn’t leave they would fire her."
And now that she doesn't have Rodriguez to run interference for her, how long do you think it will be before this new majority goes through the predictable process of ditching Esperanza? And when the axe falls, how long will it be before she takes the BISD to federal court and demands her $305,000 yearly salary times 3 ($915,000) plus millions in damages?Now Rodriguez and Elizondo – rejected by the voters – can thumb their noses at the board and enjoy their sweet revenge. But the cost will not be borne by them. It'll be the taxpayers of the district that will pay for their personal vendettas and caprichos.
The same recipe for disaster happened in the TSC-Tercero case. On April 28, 2016, trustee Ed Rivera voted to extend Tercero's contract one more year which was seconded by Dr. Rey Garcia. Voting in favor of extending the contract were Kiko Rendon, Art Rendon, and Trey Mendez. The late Raymundo Hinojosa abstained, and only Adela Garza voted against it.
When the then-TSC majority voted to extend, they already knew that in September 2016 she had failed to obtain windstorm insurance with board approval in compliance with state law; allowed TSC checks to be stamped with signatures of people who were no longer trustees;failed to timely search and fill the position of vice president for finance and administration; failed to inform the board of the ailing nursing program and its pending suspension; and had refused a board member’s request that he personally sign and review checks in the amount of $10,000 or more and did not comply with a request for information sought by another member.
But who cares? Le the new board members and the remaining board majority they considered their personal enemies worry about the coming storm.
Rivera did not run for reelection that year and neither did Kiko Rendon, but they joined Garcia to carry the vote for Tercero's extension. Garcia would go on to lose his election two years later.
Is it any surprise that Kiko Rendon, Garcia and Rivera testified on behalf of Tercero in her federal lawsuit just concluded? Now they can do the cock-of-the-walk impersonations and feel smug in the belief that they stuck it to Adela, Mendez and Ruben Herrera.
But guess what guys?
Federal judge Andrew Hanen removed the sitting trustees from liability in Tercero's lawsuit. The ones you stuck it to was the taxpayers of the community college district.
The money verdict – if it follows the predictable pattern – will be whittled down in the appeals and negotiation process and will probably cost TSC taxpayers $2.5 million at best. But the attorneys' fees meter will keep on running.
The real cost will be borne by the people who live in the district, the same people you begged for their vote to put you on the TSC board. And this is how you choose to repay them?
24 comments:
If I recall correctly - this blog served as a conduit to staining her reputation. SAD
So Trey Mendez voted to extend Terceros contract in April and then voted to terminate her in August.
Give me the name of her lawyer so I can recommend it to Dr. Z when these idiots take steps to fire her. You better have just cause for firing her or you are also going to face the music. Now ask Minerva where BISD will get that sum of money? If you are so stupid to not identify the many good things that have resulted from her leadership and hard work, then you definetly do not deserve to represent me as a school board member. I have seen the programs that she has started for my children and how my children come home so excited about the opportunities they are being provided.
If I recall correctly, there would have been no multi million dollar judgement if the existing board had not fired her.
Why would Trey vote to extend her contract and then vote to fire her?? Doesn't make sense.
She was very nice president to me when I attended TSC, plus her door was always open to me to give her ideas from the past. TSC now is now a mess because of BISD dual enrollment programs, causing less students to attend a junior college. Happy to hear that she won her case.
Juanito, you've been wrong all the way on this from the beginning. From the UT/TSC breakup, which should have never happened but for an abundance of machismo, testosterone and over inflated egos, to the Tercero firing which was fueled by same. Now, a jury of our peers, vetted by capable attorneys on both sides, determined that these machos (and Adela too!) were all about themselves and their egotistical motives. Not once did any of them think about the best interests of TSC or the community and now the cold, hard, ugly truth is before them. No spinning a jury verdict Juanito, they are the conscience of the community and the final arbitrators of the facts and the truth. Stop sounding like Sarah Sanders. Por favor Carnal!!
Just to be clear, read the minutes or see the video on demand.....they extended her contract for one additional year only.
Mr. Montoya, I've always admired your posts. You fight for the underdog. In this particular case the underdog is the student body. I worked at TSC and I have been following this since the beginning. Here is my perspective.
TSC could have saved literally millions of dollars. If the board did not want Dr. Tercero, they could have dismissed Dr. Tercero for a mere $450,000, meaning, they could have bought out her contract. As soon as Ms. Adela Garza took the chair it was decided to fire her for cause. They denied her a public hearing. She may have not voted to extend her contract, but she knew that the majority of the board had. Ms. Adela Garza is not solely to blame. The majority of the board voted to fire her for cause.
If you view the board meeting videos which are available online, you'll find out that Dr. Tercero did indeed inform the board of the nursing program and that it would not have made a difference who provided windstorm insurance. These are facts. You cannot debate what is on video. This was a feeble attempt to create cause. With Ms. Adela Garza as chair, the board pushed to go to trial. I have nothing against her personally, but what she has done to TSC is unforgiveable.
Dr. Tercero had everything to lose by going to trial. She was tried by a jury of her peers. I'm sure TSC hired some of the best lawyers and yet TSC lost because the facts were exposed. I take that back, the students lost because of a misguided and selfish board.
I've dedicated my life to making sure the youth in this community advances. This is shameful and I'm hurt by this.
Thank you for doing what you do and supporting our students.
Board members that voted to terminate her contract need to be held to account by the Taxpayers. Those board members need to own it and do the honorable thing and resign from their posts immediately. Also, they need to terminate contract with their legal counsel that gave them the go ahead to proceed with termination if they haven’t done so already. I hope the taxpayers show up in the next hoard meeting on Nov 15th and demand that they do right by the community. Your obligation as a blogger is to encourage that this happens.
Taxpayers take note: Incompetent elected officials are expensive. And beware of arrogant ones who are ruled by their emotions and personal grudges rather than service to the people. Justice has a way of biting one on the ass.
Wtf LAURA???? Instead of caving say you won’t commit to anything that lasting within a month of elections that binds a future board. Wise the fuck up. The cute act only gets you so far and honey you just ain’t cute enough.
The utb-tsc break is the cause of all this. Same incompetent people deciding for everyone else and the voters who are completely unaware that these crooks are democrats!
Juanito just prints what certain people feed him unfortunately, most of those two people are just out to get Zendejas because their feet or their friend's feet were stepped on and now just want to sock it to her. Que cosa es la embidia del Mexicano contro otro Mexicano. Hey, we are not Mexicano if you were born in the US, so don't use that Mexican syndrome. If someone works her butt off to do what is best for the children and not each personal board member, than more power to her. Dr. Z los debe de tirar a loco como ella lo hacer si ella sabe que es major para nuestros hijos! Dejanle que haga su trabajo y usteds solament appreven o no lo que ella las recomienda.
She would not agree to eat at the new Pizza place Trey was thinking of opening up, now she can buy twenty Pizza places without Trey..
Further evidence of the disregard of the Board for human and capital assets they are responsible for protecting. To the original four members Adela, Kiki, Trey, and Rene: you destroyed the partnership and UT-B then mis-managed your mess.
Dr. Tercero's career was destroyed. She applied for a job and this firing was brought into question: She did not get the job.
Also, her mother died.... Tercero probably told the mother about the bad vibes and the bad attitude of the people that first loved her and then rejected her.
Mothers are strong but sometimes..... they are not....
She was mistreated by educated people. She was not their equal. I remember when a blogger compared the President of TSC to a maid.
Shame on all of us.
Adela needs to go
To the one who mentions the orginal Tsc board members...who is in probation today but Utrgv...not Tsc. Juliet Garcia maintained a 15 percent graduation rate for 20 yrs. what a leader?
WHAT I WANT TO KNOW IS ------ TO MOTIONED TO DISMISS LILY TERCERO AND WHO SECOND IT?
WE NEED THOSE NAMES...I DEMAND THOSE NAMES- MY TAXES WILL INCREASE BECAUSE OF THOSE BOLA DE ANIMALES.
THESE PEOPLE ARE STUPID, (THATS AN UNDERSTATEMENT) - THEY THOUGHT THERE WOULD BE NO REPERCUSSION TO UNILATERALLY CANCELING A CONTRACT WITH NO JUSTIFICATION... STUPID PEOPLE RUNNING A HIGHER EDUCATION SHCOOL BOARD... THEY DIDNT BOTHER TO CONSULT WITH AN ATTORNEY.. IF THERE WAS AN ATTORNEY ON THE BOARD THEN EITHER, HE IS INCOMPETENT OR VERY STUPID.. WHICH EVER IS MORE.
PLEASE LET US KNOW THE ATTORNEYS NAME SO WE CAN ALL AVOID HIRING HIM/HER AND LOOK FOR A BETTER ONE.
Herrera made motion, Trey second it.
What happened to Dean Krause? Was this another Adela issue? Was Adela making room for her buddy Atkinson? Dean Krause was the an amazing professional and represented TSC well. Adela brought in her friend Atkinson so now we will be in to see her work her destructive way up to the position that she wants....regardless of who she hurts. TSC watch out.
I note through all of this angst, the name of Tony Z has not come up. He ran for TSC Trustee and made it know he would have Tercero's head on a platter. Why is he getting a pass on eating the ofal?
PEE WEE NO VALE WEE WEE
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