Monday, February 27, 2012


IS BISD CFO ISMAEL GARCIA BLOCKING CANDIDATES FROM RAISING MONEY?  FURTHER PROOF DEFENBAUGH DEFRAUDED BISD TAXPAYERS OUT OF $250,000

Today I went to BISD to get a copy of the Designation of Campaign Treasurer for a candidate (not me) for BISD Trustee. You cannot raise one penny or spend one penny until you complete and file this form with BISD.  I was told that after Berta Peña was moved this  function was transferred to BISD's CFO Ismael Garcia.  Daphnie who works the front desk called Ismael Garcia's office and told someone in his office that I was there (used my name) to get a copy of the Designation for Campaign Treasurer.  Daphnie was told that Ismael Garcia's office had misplaced the forms and that they are not available at this time.

So long as Ismael Garcia refuses to make the forms available he can deny candidates against Presas-Garcia the ability to raise money for their campaigns.  Most candidates do not realize that they can call the Texas Ethics Commission to get the same form and therefore will simply end up being victimized by Presas-Garcia's yes man, Ismael Garcia.

NOTE ON BROWNSVILLE CHEEZMEH

This weekend Arg Miller posted a picture of herself and Luci Longoria partying at Charro days.  When you start to look at the pictures in general you quickly learn there is Brownsville Cheezmeh's Linda Castro posing with Arg Miller while prominently displaying her Brownsville Cheezmeh T-Shirt.

People we are close to having a full ticket of independent candidates willing to run.  Brownsville Cheezmeh will not be allowed to run cover for Presas-Garcia's and Pat Lehmann's candidates.  They have now been exposed through their stupidity.  Pictures always tell the  real story.

DEFENBAUGH'S CON JOB AND THE ALLEGED WRONGDOING OVER THE LAND PURCHASE

HERE IS THE AUDIT FOR YOUR REVIEW

http://www.docstoc.com/docs/114226926/BISDAudit

This issue is found at pages 53-54.

Defenbaugh claims that BISD violated its own policy when it did not use a PO in the purchase of the land.  Defenbaugh's claim is false.

Here is BISD  Policy for Purchasing and Acquisition Real Property and Improvements

http://www.docstoc.com/docs/114732627/BISD-CHG_LEGAL_

Defenbaugh intentionally mislead the people in the report by claiming real property transactions are governed by CH Legal.  No - Anything is CH Legal is superseded by CHG Legal which defines the rules for Acquisition of Land.  This is a basic rule of statutory or regulatory construction.  Any general rule is superseded by specific rules, unless the general rule specifically states it applies to the specific rule.

From the Texas Government Code:

Sec. 311.026. SPECIAL OR LOCAL PROVISION PREVAILS OVER GENERAL. (a) If a general provision conflicts with a special or local provision, the provisions shall be construed, if possible, so that effect is given to both.

(b) If the conflict between the general provision and the special or local provision is irreconcilable, the special or local provision prevails as an exception to the general provision, unless the general provision is the later enactment and the manifest intent is that the general provision prevail.

Where in the policy does it state a PO is needed.  It does not.  Defenbaugh simply chose to mislead the community for no other reason than to discredit Springston and Fuller, both of whom favored the lawsuit against Defenbaugh's client Healthsmart.

You doubt me, check this out.

http://www.scribd.com/doc/53348697/Defenbaugh-Report-Lubbock

Healthsmart's name has changed here and there - but this is Healthsmart

When BISD decides it needs land for a school for example, the trustees in executive session will direct the superintendent to go out and find land which meets BISD's needs - for example, a location which serves the needs of a new middle school.  Once the superintendent finds the land he goes back to the board and the board approves the purchase.  The PO is the real estate contract, as authorized by the board of trustees

KEY ISSUE

The contract must be submitted to the AG  for approval.  The AG approved the contract.  The AG  found no problems.  Why did Defenbaugh not disclose this hard core finding by the AG?  Bias.

Finally, when you read Defenbaughs report as a lay person you are lead to believe Tony Fuller authorized a $1.9 million dollar cash payment.  The terms are being used in an accounting sense.  There was no cash payment.  Why such language?  So Presas-Garcia can use it in her campaign material.  We paid $250,000 to Defenbaugh so that Presas-Garcia would have a bogus audit to back up her bogus claims.





7 comments:

Anonymous said...

Presas-Garcia can use whatever she wants during her campaign. She's out!!!

Anonymous said...

Wish I had the money required for a campaign....

Anonymous said...

You can easily get the form from TEC, BUT is BISD legally required to accept the form?

Anonymous said...

BISD is a public entity paid for by federal, state and local taxes. Not only are they required to make the form available, they are compelled to do so. Mr. Garcia has hidden behind these women far too long. It's time for you to grow some manhood "Smiley". Your ship is going down.

Anonymous said...

Smiley plays favorites and only does what atkinson fam tells him to do. Dont know about board influencing him, tho. Didnt he get in real trouble a few years ago? Recall simethin bout a secretary.....ppl sure do forget quickly in the bisd. When they want to, that is.

Anonymous said...

So is this smiley man part of the group "pieces of shit"?

Anonymous said...

"When you start to look at the pictures in general you quickly learn there is Brownsville Cheezmeh's Linda Castro posing with Arg Miller while prominently displaying her Brownsville Cheezmeh T-Shirt"

If you take another look you'll see the same Linda Castro posing with Yolanda Begum. I am sure you're probably going to say that Cheezmeh is supporting her as well! Not even you Bobby can be that stupid.