Wednesday, October 23, 2019

CASTRO'S BISD CENSURE CARRIES NO LEGAL IMPLICATIONS; CAN HE BE ADMONISHED FOR POLICIES ADOPTED AFTER THE FACT?

By Gary Long
Brownsville Herald

After meeting behind closed doors for nearly three hours Monday night, the Brownsville Independent School District Board of Trustees voted to place the proposed censure of trustee Erasmo Castro on the agenda for the board’s next meeting.

The vote was 6-1, with Castro voting against the measure. Castro attended Monday night’s meeting but was not present during the closed-door session. The meeting where his proposed censure will be on the agenda is scheduled for 5:30 p.m. Oct. 29 in the board room of the BISD administration building at 1900 Price Road.

Castro said he would ask the board to discuss the proposal to censure him in open session.

Monday night, the board reconvened in open session after meeting in closed session for about two hours and 45 minutes. During the closed session, Brownsville attorney Star Jones represented Castro.

Before voting to place the proposed censure on the Oct. 29 agenda, board member Drue Brown read this statement: “The BISD Board of Trustees does not approve of nor support the behavior of inappropriate postings on Facebook and alleged intoxication by Mr. Erasmo Castro. His behavior, as alleged in a parent’s complaint, is inconsistent with the BISD board’s strong commitment to the safety and education of the students served by the Brownsville Independent School District.”

She also said the statement would be provided to Castro, as per sanctions approved by the board when it recently updated its Board Standard Operating Procedures Manual to include guidelines for board members visiting schools.

Board action against Castro appears to stem from complaints filed by a parent about his behavior, Castro’s arrest Sept. 2 on charges of driving while intoxicated in Brownsville and reports of Castro allegedly being intoxicated in public.

The parent’s complaint appeared to be about Castro taking pictures with students at schools and posting them on his Facebook page.

The board on Oct. 8 refined its policy on access to school facilities to clearly state that board members are included and need permission just like anyone else to visit a school, and that not following guidelines for access constitutes trespassing.

(The following is the legal basis for a censure of a school district board member adopted by the Texas Legislature and took effect September 1, 2015.)

Sec. 11.180. CENSURE OF BOARD MEMBER. (a) The board of trustees of an independent school district may censure a member of the board only if:

(1) the member is convicted of a felony or misdemeanor, other than a misdemeanor punishable by fine only, or is determined by the board to have violated a policy adopted by the board; and

(2) the board acts in compliance with procedures that meet the requirements specified by this section.
(b) The procedures followed by the board must include the following components:
(1) proceedings are conducted in compliance with Chapter 551, Government Code;
(2) the board member subject to censure is:

(A) provided with written notice in accordance with Subsection (c) of the basis on which the board proposes to censure the member;
(B) given the opportunity for a public hearing on the issues presented in the notice required by

Paragraph (A) at which the member and the board may present and cross-examine witnesses;
(C) permitted to present and cross-examine witnesses during a closed meeting, to the extent that deliberation of an issue presented in the notice required by Paragraph (A) occurs in a closed meeting authorized by Chapter 551, Government Code; and

(D) permitted to be represented by counsel, provided that the member bears the cost of the representation, subject to potential reimbursement of attorney's fees associated with an appeal to district court, as provided by Subsection (e); and

(3) the decision to censure the member must be adopted at a regular board meeting by an affirmative vote of two-thirds of the members of the board in an open meeting.
(c) The board must provide the notice described by Subsection (b)(2)(A) not later than the date of the regular board meeting that immediately precedes the regular board meeting at which the board may vote on whether to censure the member.

(d) A member of the board who is censured may appeal the censure by trial de novo to the district court of the county in which the school district's central administrative office is located.
(e) If an appeal is brought under Subsection (d), the court shall award court costs and reasonable attorney's fees to the prevailing party.

17 comments:

Anonymous said...

How was he even allowed to vote on this item?

Anonymous said...

If Castro cared anything about the students of BISD, he would resign. But, Castro is a selfish, self-promoting joke of a man and he will defy all sense of human decency and fight to continue his antics in BISD. He has proven to be a poor choice for the school board and should be an embarrassment to all who voted for him. But, in Brownsville, ignorance prevails and we get poor candidates as a reflection of the low standards of the voters and the history of inefficiency and corruption by the school board. This makes it easy for parents to want to put their kids in the charter schools.

Anonymous said...

What exactly does it mean to "censure" Castro? What will happen to him. I can remember when Caty and Lucy were censured for speaking up during a conflict of interest section of a board meeting. They were removed from heading any board committee and participating in them. What will they do to Castro if he is indicted for dwi? Does he get to stay on the board and continue to do things he is not suppose to be doing? If they can not get rid of the lawyer with felonies, how can they get rid of the board member? What say you? How does that work?

Anonymous said...

Wow and now his sidekick is running for District Clerk. No vote to LPR from me or family. Erasmo is her bff.

Anonymous said...

Well, that' what happens when you idiots from BISD vote for a convicted felon who everyone knew was a drunk! Photos with children, sounds like a potential pedophile!

Anonymous said...

Castro is a pervert. Bisd support his action. THEY will not fire him. He has got dirt on everybody sexual affairs at the office and schools. Cheating wifes and husbands.

Anonymous said...

BISD is in line with the COB, CC, POB and ALL acronym boards. Main goals is lining their pockets for family and friends...

Anonymous said...

Did someone check on cheating partners? Owing taxes! Bigots? Puppets?
I bet Erasmo has something on all of them those good for nothing school board members who pay no mine to the real issues of our district. They get rid of people who are honestly and truthfully wanting to help the district and have the know how, just to please their ego and be vindictive. When will we ever learn? We can all learn to vote, but we need some instruction on how to select a truthful candidate? It has become so hard to find on even in a list of 5 or 6 candidates. Respect is gone and so is shame. Erasmo, you know from your religious up-bringing you say you have, that what you are doing is not good for the district but most of all, the students. Surrender and admit that you are not the right guy for this responsibility - but then, you may ask who is? The only smart one is SPA but she lets her hate and vengeance for those smarter than she, come into play. Que lastima!

Anonymous said...

Why did Erasmo Vote on the item. Should he have disqualified himself due to conflict of interest? Now, go back and develop some new policies to put a stop to conflict of interest agendas and voting.

Frustrated Harlingenite said...

This fat drunk convicted felon does not abide by the rules and will not resign because this is the only thing that gives him a title other than former criminal! You idiot voters in BISD vote for these low lifes and then go "wow," I didn't know that?
Anyway, a board member has no business just going to a school without authorization or permission from those in charge of the schools and then take pictures with student and then post it on social media!
Sounds like the making of a pedophile, period!

Anonymous said...

The ignorant voters put the guy into office and they will be the ones to take him out. However, being ignorant voters, that may not happen. Morals, intelligence, experience and competence are not requirement to hold public office in these parts.

Anonymous said...

Seems like people here love their corrupt elected officials like and adore them like if they were some kind of gods and heros.

Anonymous said...

Laura and Erasmo are tied at the hip. They’re distancing themselves from each other because she’s running for Clerk

Anonymous said...

Pinche pendejo doesn't even know what a book looks like.

Anonymous said...

Unleashed: Two dogs join K9 units at BISD Now they have too many dogs...

Anonymous said...

It’s very obvious that Pena and Atkinson are jealous that castro is liked by the students in bisd. My son asked why the board was doing this when the students are the ones that ask to take pictures with him.

Anonymous said...

Is he wearing jeans?

rita