Thursday, June 23, 2011

THE THREE STOOGES ABANDON BISD IN FAVOR OF SILENCE AND SELF PROTECTION

One of the few issues which tend to send me writing with over the top passion is children.  They have no voice, and people, especially politicians, love to use them as pawns in their venture for power.  When it comes time to take a controversial position in favor of children, dead silence.

THE BISD BATTLE IS LOST UNTIL THE TEA OR FBI ACT


Remember the interim law firm which is now the permanent law firm although no bids have ever gone out.  The Three Stooges are just allowing it to happen.   Why not put on the agenda how this happened and demand accountability?  Here is an idea for all of you monkey fans - raise money - print cards which can be put on windshields and direct people to a web page which tells the story of the corruption.  Tell them to email the TEA, Mayor Martinez, and County Judge Cascos demanding action.  I am willing to bet if you can get out 10,000 cards maybe 100 people will act.  Look at this morning's Herald article on the BISD bank mess, I see nothing.  The Herald has decided they created a monster and rather than just admit it, have decided to get behind it.  People can go on for pages about whether Wells Fargo is better or worse than Compass.  In the end only one sentence matters.  The interest rate being offered by each bank.  Gary Long could not include in his pathetic article the only sentence which matters. People have tried to post on the BV directly or through emails claims of kick backs to Presas-Garcia from Wells Fargo - the BV has rejected the comments and in at least one case explained just how stupid the claim was.  But this morning where are these people in terms of the Herald's article - nothing - no comment - not a word.  You claim to have the evidence - ah - you have to use your facebook account - as is always the case with people who throw rocks from the back of the crowd - they want to be the first to run if they can be identified.

16 comments:

BobbyWC said...

On the comment I did not publish at the request of the writer - I realize there may be no competent attorneys in Brownsville or Cameron county - but there are attorneys in Texas who know you can be employed with a school district and still sue while avoiding the administrative process.

There are a lot of people at BISD who qualify to file suits against BISD claiming futility. 5 lawsuits will cost BISD $250,000 in deductibles - people who are unwilling to fight in open battle really have no sympathy from me - sorry

Bobby WC

Anonymous said...

That article was just CPG trying to cover up her blatant messing with governance which is not allowed. They told administration what to do and how they wanted it done. Her claim for RFP is suspect as that needs to be done by administration and takes time. They didn't have time to do this properly.

Anonymous said...

Thank you Bobby, my attorneys are working on it.

BobbyWC said...

Pena while representing Gonzales had teh record to prove frutility - but he hired an incompetent attorney in Dallas who failed to properly review the record. the argument was not made and Gonzales lost.

here you go.

"Some courts indeed have stated that a Sec. 501(b) request need not be made if the request would have been futile. See, e.g., McNamara v. Johnston, 522 F.2d 1157, 1163 (7th Cir.1975) ("[I]t is apparent that a demand for relief would have been futile ... [and] plaintiffs' failure to make such a request is excused."), cert. denied, 425 U.S. 911, 96 S.Ct. 1506, 47 L.Ed.2d 761 (1976);"

" This threshold requirement for standing may be excused, however, when a plaintiff makes a "substantial showing that application for the benefit ... would have been futile." Jackson-Bey, 115 F.3d at 1096 (but rejecting futility argument on the facts). In Moore v. U.S. Department of Agriculture, 993 F.2d 1222 (5th Cir.1993), we recognized the futility doctrine when we found that white farmers did not have to complete an application to participate in a Farmers Home Administration program when the FMHA told them that the program was closed to whites. Id. at 1222-24. See also Desert Outdoor Advertising, Inc. v. City of Moreno Valley, 103 F.3d 814, 818 (9th Cir.1996) (application for sign permits would be futile when city had sued plaintiffs to remove signs, and ordinance "flatly prohibited" the signs)."


Ellison v. Connor153 F.3d 247 (5th Cir. 1998)

I am not going to do the research for your attorneys, but I wanted you to see that it is real.

You are one of 5 people who seem to be prepared to file suit without completing the administrative process.

It is a gamble - but 5 suits will mean $250,000 in deductibles for BISD - this may be what it takes for the people to take notice.

I am telling you exactly what I told the other 4 - file under the futility doctrine and you will be able to move forward - assuming you have th facts.

Bobby WC

Anonymous said...

You are so right Bobby!!! Why the silence from Rick Zayas, Ruben Cortez, Rolando Aguilar, Minerva Pena, and Joe Colunga? Where is the out rage? What does Caty Garcia have on them? It is unheard of with their silence. Why are they scared or intimidated by Caty Garcia? Why not write letters to the editor? Place Caty Garcia on the agenda for micro-managing, board governance, breaking policy, placing vendors for favors on the agenda, and the list go on with never-ending. Our elected BISD officials need to step up and do their job. I am very disappointed with them. They cry wolf but no action.

Anonymous said...

BINGO!!!!!!!!!!!

Anonymous said...

Having Ms. Atkinson as the HR Director is worrisome. Why does her sister's department automatically get a new position "part-time" when the time now is to think about cost-savings for the district. Its stuff like this that make me question if her appointment will be convenient for just a few and in her inner circle.

Anonymous said...

Mr. Colunga, as a College Professor, please step up to the plate? I watch the board meetings and you hardly get involved in meetings, hardly say a word? The only "Mr." really advocating for everyone in the District is Mr. R. Aguilar. I am glad Mr. Aguilar is there, you Sir, please get more involved, we voted for you! The "Dr." no comment--.

Anonymous said...

The people are anxiously waiting for the 3 board members to speak up.

Anonymous said...

Mr. Colunga is a retired college professor. I do not think he will run again for the school board. I think he is quietly finnishing out his term.

Anonymous said...

Come on Bobby, why are you being a fool. You constantly blast the board on your blog, but you have no spine, because NOT EVEN you have written a letter to the editor or TEA. Or is it that they choose to totally ignore your letters?? Either way you appear to be the rock thrower. Right?????

BobbyWC said...

The guy whose name is out front is teh rock thrower and the anony is not - I have been our front on this issue for years and attacked personally for years.

The Herald will not print my letters. The TEA knows exactly what is happening, but until they hear a very loud outcry from the people they will not act.

The FBI is investigating - but if you saw yesterday it took them 3 years to indict on a simple rape charge. The handful of people who have been going to the FBI and TEA are not enough - they must be humiliated into acting.

Think about the FBI - 3 years to indict on rape - pathetic would be a complement.

Bobby WC

Anonymous said...

Bobby, people emailing TEA wont help. People need to get the Teachers Union to do it. That is the only way for TEA to act. Emails won't move TEA but if the Union submits something to them then they will take a look.

Anonymous said...

If the 3 board members would contact TEA as well would that help?

Anonymous said...

Anyone, not only board members, can send
complaints/concerns to

TEA
Ron Rowell
Complaints Division
Austin, Texas

Anonymous said...

First, TEA is in a downward spiral. They are going through a staff reduction right now. So, if they don't have the manpower to do anything now, wait a few more weeks. Menos! Besides, TEA has never been willing to get involved in anything. Do you all think we are the only ones in this situation? Better find another way.