Friday, February 17, 2012


BISD MAJORITY NOW OPEN TO MULTIPLE LAWSUITS

LUCI LONGORIA AFTER BANKRUPTING HER MARRIAGE AND THEN SELF, NOW SEEKS TO BANKRUPT BISD

NOTE TO ALL BISD EMPLOYEES TO PROTECT YOUR JOB

Today the federal court of appeals let stand the legal doctrine that if you file a criminal complaint against any trustee just before you know you will br fired or reassigned, you can now sue BISD and the trustees.  The court does not require you have a prima face claim on your criminal complaint.  You can allege just about anything and still get your day in court.

AGAIN - If you are a BISD employee and think you are about to be fired or reassigned you need to immediately file a complaint with the FBI before action is taken against you.  This according to the  federal court of appeals entitles you to a jury trial.

This ruling is exactly what BISD employees needed to guarantee their jobs.  We should all be happy.  It may finally end the nonsense and allow all BISD employees to now  come forward.  Just file your criminal complaints based on evidence against the trustees, you are now 100% protected.

THE RULING

The federal court of appeals has denied BISD's and the Trustees Motion for Rehearing En Banc.  Based on the mind numbing incompetent brief which was filed, the court did the correct thing.  these attorneys have never heard of the prima face case doctrine, collateral order doctrine, or the City of Beaumont case under the Texas Constitution Article I, Section 29.  Any attorney of minimal competence would have asked that the state law question be certified to the Texas Supreme Court.  It simply blows my mind how little knowledge of the law these attorneys appear to have as to the key issues in the case. 

My view as I have said twice now is, I support the ruling on the question of law 100%.   You should not have to prove a vote by the trustees to sue.  Judge Hanen and the court of appeals are on solid ground on this issue.  My problem is whether they get to this question of law on the other issues.  This is where the lawyers showed and extreme lack of knowledge of the law, or how to argue before a federal court of appeals.  Luci Longoria after bankrupting herself will now bankrupt BISD - of course she will be joined by Escobedo, Presas-Garcia, and Saavedra.


My previous comments on the issue

http://brownsvillevoice.blogspot.com/search?q=careful

The opinion which is now the law of the case which will guide Judge Hanen.

"http://www.docstoc.com/docs/109499624/JuarezAppeal

Here is the scoop - the court only made one legal ruling. They ruled that the Trustees do not have to engage in a formal vote to be sued for retaliation in regards to employment decisions. I support this ruling 100%. This ruling means everyone Presas-Garcia, Escobedo, Longoria and Saavedra retaliated against can now sue them and immunity will not apply. Mary Rey's sworn testimony is all that is needed to raise a fact question to allow for the lawsuits against these four to move forward.

Within 6 months I expect a ton of lawsuits to be filed against the current BISD majority.  They will not have the defense of no vote.  The Mary Rey deposition will sink them - it will force a trial in every case.

The second the first taxpayer gets a letter from Linebarger, the taxpayer under this decision will be able to sue Linebarger and the majority 4 trustees for conspiracy to defraud the people and breach of their fiduciary duties.

BISD already had to give up ACE insurance after they raised the deductible to $250,000.00.  The new insurance company will take the same action once the plethora of new lawsuits are filed.

The real funny thing is, Rick Zayas and Ruben Cortez can no sue the majority 4 and allege that as Trustees they have conspired against them to aid Antonio Juarez in his efforts.  No evidence of a vote is required.  Just the Mary Rey deposition will get them to a trial.  I hope Rick and Ruben have the courage to sue.

In the end the same way Luci Longoria through her incompetence destroyed her marriage and bankrupted herself she now seeks to bankrupt BISD.  This is going to get interesting.

People do not expect anything to change - these four do not care if they bankrupt BISD - it is not their money.  BISD will pay the $50,000 deductibles in each case with your tax dollars and then the insurance company will pay - well unless they can prove fraud by the trustees at which time then ACE or the new insurance company can deny coverage, and the taxpayers will get caught with the entire bill.

52 comments:

Anonymous said...

WOOOOOOOOOOOOOOOOOOW!!!!!!!!!!!!!!

Anonymous said...

Can you file a request to get a copy of the Salary Review study from the Budget Meetings on 2/16 and post it? Or is this document private?

Anonymous said...

Thank you for being the only source where people can get the truth about Brownsville Politics!

Anonymous said...

Does this mean BISD should have settled with Tony Juarez a long time ago, to avoid the momentus decisions against the school district, or is it a good thing for the taxpayers?
Should they keep appealing or settle? Do you think Adams and Graham will appeal to the US Supreme Court? Whose decision is that, anyway?

BobbyWC said...

I will check on it

Bobby WC

BobbyWC said...

On the facts if you review the entire opinion the court of appeals warned Hanen that some of his evidenciary rulings are suspect and could be reversed. On the evidence I do not believe Juarez can win.

But here is the problem - none of these cases have to do with evidence - ACE insurance makes a business decision on settling or rolling the dice Juarez loses. This case has long term and expensive ramifications for all elected officials in Texas.

ACE cold not have found a more incompetent set of lawsyer to handle the case.

There is zero chances of the Supreme Court taking this case. There are about 8,000 appeals a year to the Supreme Court and on average the hear 80.

The strong side of the case is the financial impact the case can have on all elected officials and the taxpayers. This is exactly what the court looks for when they take a case. They rarely take a case which really only helps the persons involved in the case.

They will not take this case because the lawyers failed to preserve the prima facie case argument.

My view is they need to try it. I do not believe Juarez can win on the facts. His criminal complaint lacks any substantive proof. This is the prima facie case part of the case. Had these incompetent lawyers raised this with the court of appeals along with the collateral order doctrine then the case would be done.

Obviously ACE is unwilling to hire competent attorneys - in their short cut approach they may have cost themselves a small fortune which they can now only avoid by trying the case.

If they try the case and win and Juarez appeals the court will throw out its current ruling as stated and then add that the party will have to come up with a prima facie case on the criminal complaint before they can move forward. Adding this component to the legal requirements removes any possible abuse by fired employees.

Bobby WC

Anonymous said...

Bobby why aren't you blasting Zayas and Cortez they are responsible for this mess wouldn't you think so.

BobbyWC said...

No judge has made any finding of wrongdoing by Zayas or Cortez - so what should I blast them for?

All the court said was if a jury finds the allegations to be true then immunity does not apply - on teh facts the court of appeals admonished the trial court that it may be wrongfully using inadmissible evidence - like hearsay - the appellate court then went on to say that it was premature for them to rule on those questions - you see after final trial they may not be questions if the judge at trial rules hearsay inadmissible.

So again if no judge has found anything being alleged to be true and factual - please tell me what should I attack Zayas and Cortez for - in fact if you had any interest in reality and facts you would know that in the depostiion testimony Zayas is not even accused of part of the bigger mess.

But again an accusation is not fact -

From a purely business perspective ACE needs to try this case. Unfortunately they hired really bad attorneys so trying the case could be dangerous

Bobby WC

Anonymous said...

Bobby I got to hear some of that Budget board meeting and basically everyone is underpaid, except for those at the top. Can BISD fix this? Seems like in the past, Administration did whatever they wanted with salary increases $$$$ for a few, while keeping others below the minimum.

BobbyWC said...

Brownsville teachers are actually paid quite well compared to the cost of living in Brownsville and state and national averages.

The TEA long ago told BISD to deal with its too many administators. The past trustees including the current trustees all play teh game of protecting there own by creating and keeping bogus administrative positions for their compadres.

BISD cannot be fix so long as the TEA is not running the show - I would submit 4 years of the TEA running the show and cleaning house is what it will take

Bobby WC

Anonymous said...

Thanks Bobby!!At least we learn the truth here!!

Anonymous said...

TEA has not told BISD they have too many at the top. The salaries at the top are above the state average but not the number of administrators.
Professional Staff: 4,302.2 55.8% 420,412.8 63.4%
Teachers 3,425.4 44.4% 334,876.4 50.5%
Professional Support 665.3 8.6% 59,958.9 9.0%
Campus Administration (School Leadership) 202.5 2.6% 18,757.3 2.8%
Central Administration 9.0 0.1%
6,8201 1.0%

The top lines are for BISD the bottom are the state averages.
This is from the latest AEIS from TEA

Anonymous said...

I guess that when you have 4 administrators making over $90,000 (one adm. and 3 assistants)at Special Services it is not called top heavy at the top. Not only at Special Services but at other positions where top level administrators have been reassigned by administration.

Anonymous said...

TEA has not told BISD they have to many Administrators....and some top $$$$ are about to get bumped on more level up with the results of the salary review. Thats how it works, its never been fair and it will never be. HR has always been a mess, and lets hope the one running it now will not let this happen.

Anonymous said...

What board members are up for re-election this year?

BobbyWC said...

there are 4 - Presas-Garcia, no vale le pena Peña, Aguilar, adn Colunga - word is Aguilar and Colunga will not seek reeelection

This is why I believe the current majority will have a 6 member majarity come November

They will eat Peña alive - The vendors will dump a small fortune into Presas-garcia's campaign - all then need to do is win the seat held by Aguilar or Colunga and they have a six member majority

or to retain the 4 member majority all they have to do is win one of the 4 seats

As of this moment every source I have is telling me the majority already has their people ready to go and our side cannot find one person willing to run

Bobby WC

Bobby WC

Anonymous said...

In regards to the amount of top administrators at BISD. Realize the positions are taken by Sylvia Atkinson, who gave herself a wonderful raise, her sister Mary Atkinson Tolman who is now controlling the purse strings for the district and deciding who gets what. There's Doug Tolman, Mary's husband whose star and salary will begin to rise, once Sylvia can arrange it and then of course there's the PE brother who is collecting a wonderful paycheck wherever they have placed him.

Anonymous said...

Don't forget the other sister of Sylvia who is now an assistant administrator at Special Services making more than $90,000.

Anonymous said...

In due time, I will anounce, and I will be running against Catalina Presas-Garcia.

BobbyWC said...

with all due respect - now is the time - it will take months to undo all of the lies told to the community.

There is also raising money - you are very very close to the point that you cannot win - time is very short

Any good announcement is going to take a real commitment of money for mailers to do a mass reeducation of Brownsville

Time is very short and in my opinion maybe past

Bobby wc

BobbyWC said...

I rejected a comment because it was 95% mindless insults but did ask a valid question.

Why call her "no vale la pena Peña?" Obviously this reader seems to think I have sacred cows.

She has done nothing to stop what is happening - just one press conference telling the people the truth would have stopped most of the abuse.

She has no leadership skills - she does not have the ability to speak to the issues - she lacks critical thinking skills - this is all why they have been able to dump on her

And yes Mr. Poster everyone can read my posts and believe I am now bought by the majority - I suspect comment was posted by a Presas-Garcia supporter -

I stand for competent representation - Peña does not make the cut

The BV has always been about no sacred cows.

Bobby WC

Anonymous said...

La Señora Peña no vale para nada, solo para hacer todo el "wato" y hablar mucho en las juntas del BISD!

Anonymous said...

Cadillac Caty Presas-Garcia will not win her election. There is a movement against Caty. She is no different than Pat Lehmann or Former mayor Pat. It is their way or the highway. Let the wave set in motion. Bye Bye Cadillac Caty and all the monies you are taking!!!

BobbyWC said...

I am very careful about claims people are taking money - this is clearly the perception in the community, but we have yet to prove it - I am hoping a source comes through with information about why she changed brokers

Bobby WC

BobbyWC said...

Your comment is rejected for comments I cannot prove - I did check the bankruptcy so I can allow for that

"Let’s see, fake doctor Escobedo and Cadillac Caty voted to sue Health Smart. During 2011, what change after the election of November 2010? Was it Pat Lehmann and Carlos Q offering ... .? FBI should ask a lot of questions about their vote and/or current income? Let’s check their tax return filed for 2009, 2010, and 2011? Cadillac Caty went from filing bankruptcy, ... to. a brand new Cadillac, Dillard’s clothes with fine jewelry."

I verified she emerged from Chapter 13 bankruptcy in 2009. She made the payments required by the court while the court discharged $17,178.39 (meaning she did not have to pay it) I could not ever imagine owning that much money in unsecure debt.

So now we have Luci Goosey and Cadillac Caty bankrupting BISD after bankrupting their families. How were these not campaign issue? In Dallas it would have been front page headlines.

Once she emerged from bk it gave her more income to spend. Also no offense but if you think Dillards is anything more than overpriced used clothes your standards are pretty low - I realize Brownsville does not have a Barneys, or Saks, but I can assure you Dillards is nothing fancy

Bobby WC

Anonymous said...

The sad part of our political system is that parties/politicians know all you need to win or stay in office is "X" number of votes. Voter apathy or voter ignorance, take your pick.

Anonymous said...

Comment 9:23 am, is correct. Unfortunately there are enough people willing to vote for anyone that deceives them!

Anonymous said...

I understand a local group has the candidates ready to oust the majority at BISD.
I hope they target the outlandish number of administrators at the glass palace and the high salaries.
That is truly obscene.
Bobby,keep up the good work without expecting your photo to be plastered all over FB with RATAS.
You are a true advocate for our children and parents.
THANKS!!!!! {{HUGS}}

Anonymous said...

I agree with the February 20, 1:29 pm comment. Bobby is a true advocate. He doesn't need to toot his own horn on FB or any other site. The students, parents, and teachers etc. are lucky to have him.

Anonymous said...

So Bobby you are saying that if a person does not rant and rave just like you do, they lack leadership skills? You want people to call press conferences to say on TV what you say in this Blog. What does that get you Bobby? 50% hates you to no end and the 50% just like reading your blog while doing nothing with the info. Because it is evident that no one in Brownsville stands behind those who try and make the difference. The minute you ask someone to reduce their concerns and complaints to writing, they back down. How can anyone undo the wrong when you have people too scared to speak up. Until someone puts things in writing then action will be taken. You know I speak the truth about the customs here; People here scream, yell and refuse to be witnesses to anything. Que Triste!

Anonymous said...

Mary Rey did, however, if the attorney will continue with the second part, perhaps we can get them ALL out. We all know that because of Mary's deposition Cata, forced by the other three, removed herself, she was/is too much of a liability for them to continue on.

Anonymous said...

Can you put the docket for Caty Garcia Chapter 13 bankruptcy in 2009 for us to read the data. Thanks for everything you do.

BobbyWC said...

For now I think not - she completed the chapter 13 in 2009 - I believe she started the payments in 2004. Of course anyone who runs against her will have it to post as a campaign issue

Bobby WC

Anonymous said...

Wow, thanks 9:39am...but there is another sister working in Special Services earning top dough that you forgot to mention! Btw, if you look into tomorrow's board meeting, items 62 & 63. There is one employee who will be moved from a Top Level 5 to a Mega Level 6 ($$$,$$$). Then some "professional employees" will be given what sounds to me like a raise?? Bobby what do you know about this? Man, it pays to be in the A Team!

Anonymous said...

How many other large families in Brownsville have multiple siblings in the school district Bobby? My brother works at the main office and seems to think there are several.

Anonymous said...

Bobby,
I did not know that you could file bankrupcy and still be able to run for public office. It shameful for someone to not have to pay so much money. How can you manage taxpayers money when you can't even manage your own? These women are so out of control and delusional.
It's the same as people who can't or don't vote telling us who to vote for.The same for outsiders dictating to BISD. This is so messed up that it borders on lunacy.
Well thank you for letting us know what is REALLY going on here.

Anonymous said...

@ 1:24 AM
Just start with the women at certified and classified personnel and you will find family and friends galore.
Compadres and comadres will tell you to just go speak to M. or J. and you will get in.
Sorry this is BISD where who you know reigns.

Thank you Bobby for keeping us informed even when you are constantly being attacked by shady characters.

Anonymous said...

wow!

What other family is running the BISD? We all know who is #1 family at the moment? Does anyone know?

Anonymous said...

Let's get the rest of the deposition going. This will be the best gift to our children. Bobby, can you help with it? Please?

BobbyWC said...

I have no access to mary Rey or Rick Zayas - there is nothing I can do

Bobby WC

Anonymous said...

Why Bobby the word is that Rick is your Pal. What Up?

Anonymous said...

Why won't you post Cata Presas-Garcia Bankruptcy info?????

Anonymous said...

Please try to get Mary Rey's continuation of the depo, that I'm sure will help us alot to oust these $4 trustees.

BobbyWC said...

Again I have no access to Mary Rey - I have no influence on this issue period - the reality is I have learned to ask people to help is a waste of my time. Other than people calling me to say I am not doing enough at this time there is not one person willing to help with the behind the scenes work

I had everything in place to force BISD to keep the healthsmart lawsuit and key players refused to lift a finger to do what needed to get done.

All I ever get is the same thing - "sometime before I die i will keep my promise to help"

I am telling you at this time I know of no one willing to lift a finger to fight these people.

Bobby WC

Anonymous said...

Who cares if Rick Zayas is Bobby's friend?
How does this concern you?
Aye RAZA por eso estamos como estamos.
Is your only contribution to distract from the REAL issues that are clarrified here?
This is the only blog where we can get educated to learn what is REALLY going on.
Have you seen how other blogs have cheerleaders that LIKE everything written even if it is the most outlandish thing? Just stroking the egos of those that have low self-esteem issues.
I read this blog to stay informed and educated not to be concerned who Bobby's friends are. I am not jealous that way.

GROW UP ALREADY!!!!!!!

Anonymous said...

I do not care who Bobby's friends, or enemies are. All I want is to fight these horrible trustees.

How can I help?

Anonymous said...

It is extremely frustrating not to have the seond and perhaps third part of the deposition....

Anonymous said...

Who the hell does Erasmos thinks he is to say they have candidates in place to run??? If there is so...this shit will continue as it is....

Anonymous said...

Amen to 2:11 and 4:11 Anonymous. This is THE ONLY place that relies on facts. I am most grateful for Bobby's tireless efforts. As regards the Brownsville Herald, it is not worthy of wrapping garbage. It sure looks like someone is telling them when and what to report. I'm cancelling my subscription!

BobbyWC said...

email everyone you know and tell them to do the same thing -

Bobby WC

Anonymous said...

You mean to tell me that people still read The Herald?
It's like a giant PULGA ad.
YUCK!!!!

Anonymous said...

We need the other part of the deposition.....NOW!!!