Thursday, May 27, 2021

PENA TO BYPASS PROCUREMENT PROCESS, HIRE SALAZAR?

By Juan Montoya
Remember the last regular meeting of the board of the Brownsville Independent School District where – after a lengthy procurement process – the members chose a law firm to provide the board with legal counsel to replace Houston lawyer Baltazar Salazar who had been there 2013?

During the selection process, Salazar tied for a distant fourth in the rankings and three other firms placed above him. In particular, members ranked the firm of Walsh, Gallegos, Trevino Russo & Kyle, P.C. first and by a 6-1 vote chose them to replace Salazar. 

The only no vote was cast by board member Minerva Peña, who made it clear she was pushing for Salazar despite his distant ranking which tied him for fourth out of seven firms submitting Request for Qualifications (RFQs).

But a funny thing happened on the way to the negotiating table. The number one ranked firm refused to give in to select board member (Minerva Peña's) requests to exclude special education legal services from their contract and allow the board to award that service to Salazar. 

Rather than go along with Peña's proposal which was not separated in the initial Request for Qualifications (RFQ), Walsh, Gallegos, Trevino Russo & Kyle, P.C. chose instead to withdraw its offer and wanted no part of the scheme which separated that service and which was not stipulated in the initial RFQ.

With the number-one ranked firm wanting no part of bypassing the procurement process – a clear procedural violation – members Dr. Prisci Roca-Tipton, Daniella Lopez-Valdez and board president Eddie Garcia placed an item on the agenda to award the contract, including special education services, to the second-ranked firm, O'Hanlon, Demerath, & Castillo.

The item reads: X.A.1. Discussion, consideration, and possible action to recommend awarding RFQ#21-131 Board Legal Advisor Services to the number two (#2) ranked law firm, O'Hanlon, Demerath, & Castillo Attorneys at Law, pursuant to the RFQ which includes special education legal services; the number one (#1) ranked law firm, Walsh, Gallegos, Trevino Russo & Kyle, P.C., declined any and all considerations to provide legal services to the Brownsville ISD and Board of Trustees based on select board member requests to exclude special education legal services from their contract (for transparency purposes, the proposed exclusion of special education services was not stipulated in the original RFQ #21-131 process or full-board discussion). (Board Agenda Request Dr. Prisci Roca Tipton/Board Support, Daniella Lopez Valdez, Eddie Garcia)

That triggered the request from Peña with a supporting vote from board member Jessica Gonzalez to place an item on the agenda to hired Salazar – at the same yearly rate  salary of $328,000 – and separate the special education legal counsel services and award them to him exclusively without going out for RFQs on them.

Considering this in the context of campaign promises by the new board that they would rigorously exercise transparency in the business of the district, this subterfuge smells of bid rigging to favor a vendor. Even though Baltazar's duties for the Special Needs Legal Services portion of the contract cost the district some $60,000 a year, Peña plans to award it to her pal Salazar and not give anyone else the chance to offer their services to the district.

Why? 

The agenda item reads: IX.A.2. Discussion, consideration, and possible action to hire Baltazar Salazar, Attorney at Law, PLLC, as Special Education Legal Counsel at the same yearly rate as his current contract. (Board Member Request - Minerva Pena, Board Support Jessica Gonzalez)

Remember, the board never issued a separate RFQ for special needs legal services, so in effect, if a majority goes along with Peña and Gonzalez to separate it and award it to Salazar, it could potentially be viewed as a criminal act because the board changed the rules after the process had been performed for the provision of all legal services by the law firms. 

Will the majority allow these rogue board members – Peña and Gonzalez – be allowed to change the rules in the middle of the stream and expose the BISD and the board to potential litigation over the perverting of the RFQ process to favor Peña's candidate Salazar?

31 comments:

Anonymous said...

Go away, Minnie!!! You can’t let go of the money Balta gives you. I hope Marissa wins in court next week then that will be more good news. Sylvia locked up and Minnie gone...oh what a day that would be.
Everyone is tired of your “I’m looking into it Line”

Anonymous said...

Official bike ride: City manager hosts downtown tour Friday

Pinche pendejo the house is falling apart and what does this idiota do?

HOST A PARTY AT THE WHORE HOUSE THAT'S A BETTER IDEA some of yoU fatsos might faint, its going to be 100 degrees outside PENDEJOS.

Anonymous said...

IDEA’s top officials out following misuse of funds review

BISD/IDEA now want to merge so these things don't happen (getting caught).

Anonymous said...

Ho-humm, just more crooked Mexican at play, screwing the taxpayers and providing sub-standard government. Who votes for these ass holes? Forget, it I know the answer.

Anonymous said...

Juan check out Gama CEO and Munoz COO at IDEA out, Torkelson got One million dollars $$$ severance pay when he left about a year or two ago, NO POS WOW. and No charges nothing like Sylvia, guess Charter schools dont have rules. que padre.

Anonymous said...

Try to avoid the millions of potholes go to el gran southmost so you can feel like being on the moon, next best thing. pinches bolas de idiotas

Inform the deputies, they just might give you idiotas a ticket, oooops they are still in training

Paul said...

Sad.

Former RGV LEO said...

So, did the pedophile loving fugly Pena pay that money back for the recount? probably not!

Anonymous said...

With her friend now going to fed prison all these elected officials JUST DON'T GET IT, what is wrong with these people? FBI just needs to continue to make example of ALL these idiotas.
FBI just needs to arrest ALL these pendejos and sent all of them to prison. DO IT DO IT NOW
PINCHES RATAS!

Anonymous said...

Las ratas BISD/IDEA want to merge and exchange ideas (no pun) on HOW NOT TO GET CAUGHT.

Anonymous said...

If you are a vendor who is working with or for BISD, you are corrupt.

Anonymous said...

What does Salazar have over Pena that she is fighting for him???

Anonymous said...

Garza, before coming to Brownsville last year, worked for the city of Harlingen as special projects director and was in charge of monthly social bike rides that drew 100 to 150 riders at a time, he said.

Joel Garza Jr., director of multimodal transportation (at 170K a year) for the city, thought it would be a great way to promote safe cycling

Fix the pot holes, the lights, the flooding and don't use cops to protect your asses they have better things to do then to escourt pendejos aroung the city on bikes.

At 170k a year I can think of better things to do pinche guey

Unknown said...

Pena is really f***** up

Anonymous said...

All merging IEDA with BISD will do is fuck up whatever good there is at IDEA.
There is nothing good left at BISD, it's all lost there

BISD taxpayer said...

Pena you are so corrupt all you say is I'll look into it and don't do nothing stop taking bribes

Anonymous said...

Atkinson will take peña down

And the past 2 ex board presidents will follow

Anonymous said...

Wake up school board this is the worst superintendent where ever had with two Deputy superintendent can't even get tid second gear f*** you superintendent with your deputies

Anonymous said...

This superintendent it's the worst we've ever had let's stop all this corruption and bribes Eddie Garcia please make a move now don't do what Mimi is doing just talk talk

Anonymous said...

What!?!? Didn'they just get rid of this crooked lawyer, and here we go again with him again!?!? Ya'll board members are pathetic, and in it to win it for yourselves! Glad I'm leaving crooked corrupt Brownsville! Adios ratas!!!

Anonymous said...

Isn't it already obvious who the most corrupt and rata is in the board? OUST her out already! She's working for herself. Dat! Darat!!!

Anonymous said...

Pinche vieja ambrienta she needs the money to keep the FAT

Anonymous said...

Germany recognizes killings in Namibia as genocide
Isn't that what the cops are doing up north?

Anonymous said...

The Naked Truth! World Naked Gardening Day 2021 is Here! This
Saturday is the 17th annual World Naked Gardening Day!

Your choice a stupid bike ride or the World Naked Gardening Day 2021 on saturday

Anonymous said...

Really? Germany? Genocide? I don't believe it!!!!!!

Anonymous said...

Q: At a school board meeting, a local attorney who was present said only the Texas attorney general has the authority to remove a board member, or a district attorney, if court action is taken through the district court. Is this information correct?
A: Local Government Code Chapter 87, Removal of County Officers From Office; Filling Vacancies — appears to contain the information you are seeking. Please check the language of the law at: https://statutes.capitol.texas.gov/Docs/LG/htm/LG.87.htm
First see Sec. 87.012, Officers Subject to Removal. It’s a long list. Under paragraph (14) see “a member of the board of trustees of an independent school district.”
Next, see this — and for your convenience — I am striking through language that does not pertain to a school board member.
Sec. 87.015.  Petition for Removal.  (a)  A proceeding for the removal of an officer is begun by filing a written petition for removal in a district court of the county in which the officer resides.  However, a proceeding for the removal of a district attorney is begun by filing a written petition in a district court of:
(1)  the county in which the attorney resides;  or
(2)  the county where the alleged cause of removal occurred, if that county is in the attorney’s judicial district.
(b)  Any resident of this state who has lived for at least six months in the county in which the petition is to be filed and who is not currently under indictment in the county may file the petition.  At least one of the parties who files the petition must swear to it at or before the filing.
(c)  The petition must be addressed to the district judge of the court in which it is filed.  The petition must set forth the grounds alleged for the removal of the officer in plain and intelligible language and must cite the time and place of the occurrence of each act alleged as a ground for removal with as much certainty as the nature of the case permits. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Anonymous said...

She hasn’t learned her lesson. She’ll sell herself to anyone for a buck like she did to Sylvia. Minerva is on the board for herself and to intimidate the superintendent to promote her friends.

Anonymous said...




get rid of all the mamones.

Anonymous said...

These board members make decisions with the money they have collected by selling their souls, with our money, to the vendors, to Baltazar, to local teacher unions who publicly endorse them. When will this "Let's make a deal" stop? Didn't you learn from Atkinson's case? You create positions for family members and to friends who kiss up to you. To the people who got a better job or even get hired, because of Atkinson or any school board member, will you owe them and Sylvia's family until you die ? Is kissing up to her, to her family and other board members the only way you got your job and not on your own merits? You shameful people ! I hope all of the Atkinson Clique is exposed, whether it extends to politicians, vendors and BISD employees who drank the Atkinson kool-aid. This Pied Piper may eventually lead to your fall.

"In the first place,God made idiots. This was for practice. Then he made school boards."
Mark Twain

Anonymous said...

Man you can fit a borracho tamale in that big mouth well maybe dos...

Anonymous said...

May 27, 2021 at 11:45 AM
simple gringos

rita