Thursday, March 12, 2009

BISD UPDATE - GONZALES AND RENDON SEE MAJOR UPSETS


My readers should know I woke up very sick around 3 a.m. and was unable to make the hearing.
I went back to bed about 4 a.m. and did not get back out of bed unto after 9 a.m., went out for a cup of coffee, and then went back to bed until after 2 p.m. All of my information is second hand, meaning the Herald.

Before I get to the negative on Gonzales, I want to say "Euresti let stand Gonzales' whistle blower claims against the district"

http://www.brownsvilleherald.com/news/gonzales_95760___article.html/district_euresti.html

So before Gonzales opponents go, ha ha Gonzales, remember he will still have a chance to prove up his whistle blower case, at least for now. The judge could later throw it out on other issues such as no evidence, or just cause for suspending Gonzales.

The court found it had no legal authority to intervene in the employment contract disputes. This law is basic. As the Superintendent, Gonzales certainly knew this. Okay, maybe he didn’t, does that not then raise a fundamental question as to his qualifications to be Superintendent. Anyone who reaches the point of Superintendent knows that you have to go through the Administrative process first before going to court on an employment issue. So why did he do it? because he needed to deceive the people with a lawsuit which makes it appears he is a victim.

On the whistleblower issue, the good old Republican Justices on the Texas Supreme Court have found that if BISD can find any legitimate reason for Gonzales’ discharge it will not matter that it appears they in fact suspended him because he blew the whistle.

This is where Gonzales went wrong - instead of protecting his own interests with a veiled threat of going to law enforcement, he should have done a press release with his attorney stating he would appear outside the office of the FBI with an affidavit in hand stating his claims. He should have then turned over copies of that affidavit to the press before walking into the office of the FBI.

This would have shut down the BISD Board immediately. He played his cards wrong, and now he appears to be a looser.

If the BISD Board is in fact protecting someone, I hope Gonzales will reconsider his strategy and finally go public with his claims which include going to the FBI as I indicated above. If there is corruption as he indicates, it is time the people are told the truth. I am not buying Gonzales’ demand of transparency from the Board, while he and his minions are making pathetic excuses as to why Gonzales is not going public with his claims.

As to Rendon, I am not sure what happened. The Herald is reporting that Judge Euresti found no jurisdiction over his employment claims, for the same reasons I stated above as to Gonzales. I am not sure what happened as to the Open Meetings Claims. I will try and get to court tomorrow afternoon and see what Judge Euresti wrote about his rulings on the Docket Sheet.

On the breach of contract claims, which the court has dismissed, BISD is free to seek full recovery of all attorneys’ fees. The Board has a legal duty to demand that Gonzales and Rendon pay 100% of the attorneys fees incurred by BISD. Because the claims included both breach of contract and tort, the court may have to segregate out what it cost to defend against the tort claims. You are not entitled to attorneys fees in tort claims.

When I learn more I will let my readers know.

It is funny how bad conduct comes full circle and bites you in the ass. Had BISD asked Judge Euresti to find no jurisdiction at all over Gonzales’ claims because he had no legal or equitable interest in the Rendon suit, Judge Euresti would have granted same. This is known as in personam jurisdiction, which the parties can waive. When Judge Euresti refused the initial request for a TRO for Gonzales, and Rendon’s had expired because Neece choose not to have it renewed, BISD knew they had Euresti on their side. It then became a question of, why chance getting a different judge when BISD already knew they and Judge Euresti on their side, in terms of the law.

Gonzales and his attorney went forum shopping for Judge Euresti based on the ill signed original TRO for Rendon. In the end BISD took advantage of Gonzales’ unethical attempt at forum shopping by waiving their defense that Gonzales has no equitable or legal interest in the Rendon suit. They knew Judge Eursti had learned his lesson about the ill signed original TRO.
Bad motivation will always lead to bad results.

A word on Judge Limas - Judge Limas was the judge who allowed Amit Livingston to walk out of court after his conviction for murder. That one decision cost Judge Limas his career as a judge. He lost his reelection bid. Every judge in Cameron county is cognizant of how the people held Judge Limas accountable for his conduct in the Livingston matter.

The election was not about electing Cornejo-Lopez, it was about sending a message to the Cameron county judiciary - enough is enough. Judge Euresti did the right thing today. He got rid of the lawsuits over which he had no authority. He kept the whistleblower lawsuit.

The interests of the people were protected in both decisions. Now it is time to demand that Gonzales comes forward with evidence so that we the people can know it is real and demand accountability. But Gonzales cannot demand transparency on this issue from the Board, while he hides behind his lawyers and minions with pathetic stupid reasons as to why he cannot go public.

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