Tuesday, June 15, 2010

A COUPLE OF THINGS AND THEN BISD RENDON’S WHISTLEBLOWER CLAIM- AGAIN

Well the Sanchez litigation has finally come to an end. All parties, save Jerry McHale, have been permanently released from the current and future litigation for the acts alleged in the original lawsuit. Jerry has not been fully released because he promised that the day the gag order was lifted he would go haywire on me. Jerry unfortunately is operating under the guidance of Peter Zavaletta, who when he speaks he lies. I am free to renew the old claims against McHale along with any new claims he causes me to bring against him because of some unfortunate tirade.

Now I will be filing a federal lawsuit against the US government asking that the so called law which provides bloggers immunity for anonymous statements be held unconstitutional. In what may be the most bizarre legal ruling I have ever seen, the 7th Circuit found it could find nothing in the law which provides bloggers immunity as found by the 9th Circuit, but nonetheless it was going to go with the 9th circuit’s ruling. I suspect the federal court in DC will find the law is not unconstitutional because there is nothing in the law which provides limited immunity to bloggers. This will open the door to a lot of litigation against bloggers, while making the blogosphere a better place. So guys be careful with your little game of posting defamatory statemetns  as anonymous posters.

If Mchale is smart, highly unlikely, he will have learned a lesson. I told Montoya that I invite him to challenge any of my postings on facts or reasoning. This will make for good blogging. There is no reason to get into defamation to win an argument. This entire mess was the result of Montoya through Sanchez’s blog leading a defense of Gonzales and Rendon at BISD. As this post will show once I get to BISD, the Gonzales/Rendon supporters have failed because rather than get behind verifiable facts they use insults and defamation. As I have said before Quintanilla and Montoya may be the majority board members best advocates because every time they fail to support their claims with verifiable evidence Zayas and Cortes get to say - “look there is nothing to this.” There is something to it, and I am about to discuss that “something.”

As to Robert Sanchez, several weeks ago when I went to go see Robin Hood he was at the theater with his kids to see Shrek. He approached me and in what I considered a very important lesson for his children we shook hands and said no hard feelings. We actually had a very healthy conversation. His son Robert is old enough and smart enough to get my jokes about getting old and got a real good laugh listening to me and his father.

I will say publically what I said to him at the theater. I wish him the best with his business and family. I think he fully understands how certain people played him and that will never happen again. I think he will be a lot more careful about with whom he associates in the future. I would not think twice about helping to guide him in future political endeavors. I do believe he would be a positive voice for profit if he were on the Port of Brownsville Board. Sometime ago he published his goals as to the port and I found them to be very insightful about marketability of the port.

I have no idea as to the status of the Sanchez/Colunga litigation. I personally believe the Colunga suit should be dismissed. I do not like that his child was brought into the politics of BISD, but the story appears to have merit and needed to be told.

Along these lines now that I have no claims against Sanchez, I sent his attorney and Montoya the lead case which might allow them to get the Colunga case dismissed. Bloggers may or may not be journalists. If the story qualifies as a legitimate piece of journalism, any plaintiff who sues the blogger must prove that the blogger acted with actual malice. Jerry McHale will never have this defense. I do believe the Colunga piece for which Montoya and Sanchez were sued does qualify as a piece of journalism. Anyway Sanchez’s lawyer has the lead case which outlines all of the variables the court must consider in deciding whether or not the post was a piece of journalism. I do hope if this case is still pending and has not settled, Montoya and Sanchez win in getting the case dismissed. There was clearly a public interest component to the story.

In the coming weeks I will post a guide for bloggers. If we want to be taken seriously we need to raise to the level of journalists so that if we do get sued we have the defense of no actual malice. Bloggers can actually do satire in an effective manner. It takes skill - something I have yet to see from the local bloggers.

BISD RENDON WHISTLEBLOWER CLAIM - THERE MAY BE SOMETHING THERE

BUT FIRST, I want to begin with the joke who is Escobedo. After the hearing before the board he voted against upholding the denial of Rendon’s claim. In part Rendon was asking to be reinstated. Okay here is the scoop - Escobedo would have been there shitting his pants had one of the 4 majority members changed sides. Why you ask? Because it would have meant his business partner’s wife, Kathleen Jimenez losing her job. So you, see Escobedo’s vote was pure political bullshit. You can bet he would have voted to deny the claim if his vote was the needed vote to save Kathleen Jimenez.

BUT SECOND, Board President Aguilar embarrassed the entire board by his conduct towards Ben Neece. Lawyer Saldaña fearing the truth would come out threatened to take the matter behind closed doors if Neece in defense of his client mentioned the board members or even said majority board members.

Aguilar gave a solid campaign issue to those seeking to run against Zayas and Cortez. Why was Neece not allowed to argue his case? What did this board want covered up? Zayas and Cortez’s opponents need to take the video of Aguilar shutting down Neece and post it on a campaign web page. Question - “why the cover-up?”

Here is a news flash for the corrupt board which has nothing but contempt for the people (this goes to the entire board and not just the four) you are public servants. We the people have an absolute right to know the truth. The board members are elected by the people. Aguilar may think he is some banana republic small minded ignorant dictator, but he is not. He is a fool playing a fools game.

NOW TO RENDON: My view of Rendon has always been based on my one on one experience with his office while he was in charge of Special Services. He needed to be removed from that position. It was a political appointment in the same way Kathleen Jimenez was a political appointment. Caty Garcia always playing the role of the Board Clown while using her superior intellect argued that because the deficiencies in Special Services went back long before Rendon took over, the Board was wrong for getting rid of Rendon. Something is profoundly wrong with this woman.

But I have also always maintained his removal was politically motivated. Ben Neece had a few select things to say about the process which caught my interest. The fact Saldaña sat there panic stricken demanding Board President Aguilar shut Ben Neece down tells me there is something to what Ben Neece is arguing.

The issue for this hearing was, did BISD take adverse action against Rendon because he reported illegal conduct by a BISD employee to some type law enforcement or regulatory agency? Although the Board voted no on this question after puppet Springston announced there was no evidence to support Rendon’s claims there was in fact evidence - in fact very clear and convincing evidence.

Zayas took the time to frame the question as one involving a non-BISD employee. Central to the discussion was billing by a private lawyer by the name of Jonas. If I understood the argument, Rendon claimed Jonas was billing for time and services which could not have occurred because at the time he was incapacitated. If this were the extent of the complaint as alleged by Rendon then I would agree Zayas properly framed the question.

But this is where the complaint is valid. Rendon specifically complained, at least according to Ben Neece, that Saldaña, BISD’s lawyer, was allowing this fraudulent billing to occur. If in fact these facts are true, Rendon will and should win in court. But then of course this is Texas wherein the Republican Texas Supreme Court found that in Texas a whistleblower can be fired if after the fact the evidence shows BISD could have fired him for other reasons. Rendon’s case is a perfect example of just how wrong the Texas Supreme Court was in its ruling. It invites organizations like BISD to fire all whistleblowers so long as they can find other good cause to defend their actions.

This morning I will be asking Ben Neece to send me his full written statement to the Board. I will ask that he highlight with bold or a larger font any parts he believes will gain my readers’ interest. I will then post it to the BV.

The Board tried to shut down disclosure of what really happened behind the scenes. The Board seems to believe it can use rules and an unethical lawyer to run cover for them. I hope Ben Neece will allow the BV to be where the evidence comes out.

Now, this does not change my view of Rendon in terms of his competency as director over Special Services? He is not qualified for the job, based on my experience with him and his office. But I do believe that when a public servant reports possible fraudulent billing and his is fired for that and in fact the elected officials use their office to cover-up possible fraudulent billing, the whistleblower should be compensated.

What would be really sad is, in the end there is nothing to Rendon’s claims, but people are left to believe them because the BISD Board shut down Ben Neece for no better reason than to protect themselves.

Again I hope Ben will give the BV the privilege of posting his comments in their entirety.

2 comments:

Anonymous said...

Right on, Bobby!
Many of us hope that Montoya lets his journalistic edge overpower the urge to continue his mistaken "soul connection" with McHale.

Anonymous said...

...Well, Bobby, you were kind enough to include me in all previous postings related to this mess. And now you come here and update things without mentioning yours truly. Thanks for leaving me out, absolutely. It may sound conciliatory, but sounds have a way of fooling you. As always with things to do about Browntown, I smile...and shake my head. When will it ever end?...Perhaps never...

/DP-M