Tuesday, December 1, 2009

UPDATE COMMENT ON GONZALES AND PEÑA

In between my endless time in bed, I just remembered something which leads me to believe that Peña accidentally got BISD to admit it was a done deal. It is still an important admission which will come to haunt BISD.

I was vilified by Gonzales' supporters when I argued that Peña messed up by suing in state court before pursuing the Administrative Process. It would seem this is now the second time Peña has made the same mistake. Although to be honest I think Commissioner Scott on this issue is wrong. If Gonzales' next move it court, I am certain the court will find it was futile to pursue anything further with the Board. The Court will then get to the merits of Gonzales' discharge.

As to suing Peña for malpractice, it makes me laugh. Again comments by people with zero knowledge of the process. If the jury finds that the evidence supports the firing of Gonzales anyway, there is no malpractice. I do not like the standard, but when you have lawyers writing the rules, the rules will not be just. Further, Gonzales needs to argue the futility of pursuing further remedy with BISD. He cannot be suing Peña at the same time he is claiming in court it would have been futile to pursue further relief before the BISD Board.

Also when you sue your attorney for malpractice, attorney client privilege is lost. Are these idiots pushing for malpractice certain that there are no e-mails or communications Peña will be allowed to use in his defense which will hurt Gonzales?

No attorney in their right mind would agree to represent Gonzales in his bid against BISD while he seeks to sue Peña. It would make Peña a BISD ally. It would also tell his new attorneys that if they loose Gonzales will sue them for malpractice.

13 comments:

Anonymous said...

It will also expose the possible nexus between Zayas and Pena, should Gonzales sue Pena for mapractice.

Gonzales is filing an appeal on Tuesday and at minimum will expose the unethical behavior of Ruben Pena who failed his duty as Gonzales's attorney to provide an adequate defense and inform him of his options, which he failed to do.

He can also file with the State Bar and no lawyers needs to do that, he can do it himself, you could even help there.

The fight is not over and he will most definitely end up in Federal Court.

The big winner in this is Walsh Anderson and Miguel Saldana, they will bill BISD an additional half a million dollars in legal fees I am sure.

BobbyWC said...

I can tell you with 100% certainty no competent attorney is going to argue anything against Pena.

An important part of teh Guerra report is Gonzales refusing to take responsibility for anything.

As a Superintendent he knew or should have known the procedure - he ignored the procedure and sought the aid of an unethical and incompetent Judge Euresti.

He knew or should have known he needed to argue against the findings of the Hearing Officer.

These failures to follow procedure are only clear, black and white evidendce that Gonzales was and remains incompetent.

The State Bar will dismiss any complaint filed against Peña.

Your entire arguement is Pena failed to advice Gonzales to follow the procedure which as superintendent Gonzales should have known to be teh procedure.

Further you are not comprehending the clear point of this piece.

The second Gonzales files a complaint against Peña attorney client privilege goes away. Any competent attorney knows this. This is why I know Gonzales's Dallas attorney will never allow for this.

It will be the final death nail in Gonzales coffin. Further any attempt by Gonzales to go into federal court and not concede he was incompetent when it came to special services will anger the judge.

I know the evidence against him. I spent two years helping to develop the evidence. Anyone who believes Gonzales was anything but a dity incompetent superintendent has their heads in the sand.

But this does not change the fact he was fired for politics - and this is the battle which must be fought.

Finally I can assure you his dallas attorneys are looking at all of these stupid ignorant comments about Pena and thinking do we really want to represent Gonzales when if we loose he is going to have his lemmings blame us?

Bobby WC

Anonymous said...

BISD is not in the business of losing. I don't remember a time when BISD has lost a case so it is sad to see that this saga continues while so many people are enriching themselves at the expense of the taxpayers.
It is a charade!
The people in this town are all related which is sometimes hard for outsiders to see and BISD is the bread and butter for most. This creates an enviroment of see no evil,hear no evil,speak no evil, and plain apathy.

Bobby,
I enjoy reading your blog--however-- I have noticed that you are into too much name calling lately and maybe this is not good for your health.
I hope I have not offended you. Just an humble observation.

THANK YOU.

Anonymous said...

(I know the evidence against him. I spent two years helping to develop the evidence.)

I thought you said you didn't provide legal services to local firms? Are you ready to admit you lied? Or is making money behind the scenes your endgame?

BobbyWC said...

Exactly where have I ever stated I do not provide advocacy work for families? No where - such anger and stupidty from someone who loves incompetence and corruption.

Bobby WC

Anonymous said...

so now you get paid to advocate for families by developing legal cases against public institutions and employees?

BobbyWC said...

Keep trying - I love people who dig their own grave - all of my llfe I have worked for free for poor people - it is just something I do -

Bobby WC

Anonymous said...

I am confused. How many self grave digging people do you know? In all my life I have never met a person who meets that description.

Anonymous said...

Have you on the ropes Bobby, Gonzales will prevail in federal court. Politics, whatever you want to call it, it is wrongful termination.

PS I hear Joe Rod is gone Dec. 31 and that on this Tuesday's agenda, BISD is dismissing the lawsuits on the reports released by Accion America, I guess they were successful, whadaya think.

BobbyWC said...

There is no lawsuit by BISD over Accion American releasing the reports. The only lawsuit remoting close this this aaccusation is Joe Rodriguez's lawsuit, which is a private lawsuit.

Accion America has nothing to do with the BISD lawsuit challenging the decision of the AG ordering BISD to release teh reports. I am on record since day one over BISD refusing to release the reports.

If such a thing is on the agenda, it has nothing to do with Accion America. They are not involved. You are delusional x a million. the decision will be based on the advice of counsel which will be based on how strong the AG's brief was when they filed a response. Again nothing to do with Accion America.

Now dude - you posted three comments in the middle of the night - all three were filled with incorrect information. You need to not be stoned when you submit comments so that you can get your facts straight.

Bobby WC

Anonymous said...

Booby you are indeed misinformed, there would be no discussion on the Joe Rod Audit Reports if Accion Ammerica would not have released those reports potential criminal wrongdoing, well they actually say that he violated BISD policy when he in fact violated the law.

The reason for dismissing the lawsuit as one Trustee said, why continue to fight keeping those reports secret when they are all over the internet, PUBLIC INTEREST, Prevails.

There would be no private lawsuit or depositions of Presas had those reports not been released.

I know you will argue that you have been fighting to gets those documents released, but the fact of the matter is that they were not.

Joe Rod woul be celebrating New Year 2010 with a new contract, instead he is leaving, so we hear on December 31, 2009, good riddance.

Lets give credit where credit is due and lets celebrate that finally, a message has been sent, that noone owns BISD, not Joe Rod, not Zayas, not Cortez.

Education is for the children.

PS, you have a cracked crystal ball that need to be repaired. I have balls, but not between my legs, female for your info, DUDE.

Anonymous said...

Are you saying that the incompetent lawyers at BISD filed a weak lawsuit against the AG, wasting taxpayer money.

BobbyWC said...

Since I have not read the reports since they do not contain the rebuttal, I do not know. If the information has no personnel personal information in them then they should have been released.

Bobby WC