Monday, April 30, 2012


WHO'S RUNNING BISD'S
PURCHASING DEPARTMENT? 
NOT ROSARIO PEÑA
The revelations will continue today. I am working on the post. For now see the Acacia Ameel story. Today will be the final post on BISD's contract rigging problems. It is my opinion Rosario Peña is not running the Purchasing Department. What is clear from the emails and letters is, Rosario Peña is trying to do the right thing, but someone is pressuring Texas Descon. The story is coming.

A call for information -  We all know the corrupt 4 were gunning for Robert Fisher in Technology Services.  The audit showed Robert Fisher's only problem was an inability to effectively communicate with the board.  I would submit the real problem was trying to  communicate to idiots like Presas-Garcia and Longoria.

But here is my concern - I am starting to see evidence there may have actually been problems with Technology Services.  If anyone would have all the emails related to the E-Rate problem and Pat Lehmann it would have been Robert Fisher.   Which other trustees were pushing to give the E-Rate contract to "Integrity"? I am now convinced Robert Fisher knew too much so Defenbaugh dropped what he learned about Technology Services from his bogus audit.  Of course Pat Lehmann was left holding the bag on the E-Rate mess as the only former trustee being  referred for possible illegal conduct.

A RECAP

To understand the context of today's post my readers must remember according to ROFA, BISD requested Circle Industries be dumped in favor of American Security (Jaime Escobedo).  Also remember Texas Descon lied about no bids from Circle Industries.  They can play all of the games they want, but the bottom line is the contractor has a duty to insure all subs and all subs to the subs are in compliance with state and federal law and terms of contract.

In both the links below the first document is the same.  In the first it seems to read better.  On Friday I showed how Texas Descon on August 29, 2011, informed BISD of its intent to give the contract to American Security.  This was before BISD approved the changes to the specs or the Board even approved the contract.  What I will show today is BISD had to order American Security off of the construction sight because Texas Descon had them working on the contract without BISD approval or approval of the changes in the specs.


http://www.docstoc.com/docs/119828068/scan0017 (see page 2)

In the first letter below you have Rosario Peña informing everyone concerned BISD is not going with the changes.  She also informs everyone concerned that the changes were not cost effective in terms of the standardized equipment guideslines as put out by the TEA.

Rosario Peña also makes clear that Texas Descon understood the terms of the contract, which included a no substitution clause.  It is clear that Rosario Peña is doing the right thing, but somehow Texas Descon seems to think someone else at BISD has greateer say in this contract.

http://www.docstoc.com/docs/119641243/PenaBAC


http://www.docstoc.com/docs/119827490/BISDBAC

In the second link the second letter is  from Texas Descon's attorney.  Think about this, why does a contractor need to pay a lawyer to write a letter to explain engineering and cost savings principles.  It was a cover.  Remember, I previously established that their lawyer told them to not write a letter stating Circle Industries never submitted a bid.

http://www.docstoc.com/docs/119710390/SMACLtr (see last page)

In the letter from Texas Descon's attorney, Stephanie O'Rourke states, "does not change the contract itself."  This is a bold face lie. The letter is dated September 23, 2011.  On August 30, 2011 Rosario Peña stated why BISD would not change the contract to accommodate Texas Descon's request that they be allowed to hire BISD Trustee Enrique Escobedo's brother, Jaime Escobedo (American Security).

AMERICAN SECURITY STARTS WORK BEFORE BISD APPROVES CHANGES

See page 2 below

http://www.docstoc.com/docs/119828068/scan0017

In the first email you have the contractor Texas Descon playing the plausible deniability game.  We as the contractor do not receive bids from subs to the subs.  This email is dated September 17, 2011 to Cesar Garza at BISD.  The day before is the exchange wherein Texas Descon is asked to produce a letter from Circle Industries verifying they never submitted a bid.  As noted Friday, a bid was made, and as noted in this email Circle Industries refuses to write such a letter. 

Also as noted Friday and above Texas Descon's own lawyer told them to not write such a letter.  Also established Friday was Rosario Peña's finding that while Texas Descon was saying no bid was received it was nonetheless comparing Circle Industries non-existent bid to American Securities.

Here again is Circle Industries' bid and Rosario Peña's letter asking if there was no bid how then is Circle Industries non-existent bid being compared to American Securties?

http://www.docstoc.com/docs/119709914/CircleIndustriesBid

A BONUS REVELATION ABOUT ENRIQUE ESCOBEDO

From the Brownsville Herald concerning Enrique Escobedo's campaign contributions for County Commission.

"Escobedo’s largest contributor is the Austin law firm of Rosenthal & Watson PC that contributed $3,000 plus another $3,000 that attorney Marc Rosenthal contributed for a combined total of $6,000.

The tax collection firm of Linebarger Goggan Blair & Sampson LLP donated $500 to Escobedo’s campaign.

Escobedo also received $2,000 from Joe Salazar III, and $1,000 each from Bill Bowen and the architectural firm Gignac & Associates LLP.

Escobedo’s brother Jaime Escobedo contributed $2,000. Jaime Escobedo also loaned the candidate $4,000. Candidate Escobedo also injected $2,000 of his personal funds into the campaign."

http://www.brownsvilleherald.com/news/party-108588-expenditures-contributions.html

WHO ARE THE CAST OF CHARACTERS?

Rosenthal - indicted pending trial in the Limas case.

Linebarger - awarded BISD tax collections contract - Escobedo voting yes

Joe Salazar III - insurance agent  - clients awarded millions of dollars in insurance contracts.  Escobedo voted yes

Jaime Escobedo - need I say more.
Editors note:  I have a massive headache - this is the cause for the delay - This post reads accurately on the substance - it just may be a bit wordy because of the headache - sorry.  I proofed it 4 times.

19 comments:

Anonymous said...

Technology Services was audited by the SLD of the USAC. They run the ERATE program.
HTTP://www.ed.gov/about/offices/list/oii/nonpublic/erate.html

They used a firm out of Chicago. Ask for those records and you will see that there were no findings that would make you say there were problems with the BISD ERATE.

BobbyWC said...

Thanks for your comment - I like it because it extends the discussion - my long term readers know these are my favorite comments.

You should know I am not concerned with how the program ran - also to be clear - I think Robert Fisher did an excellent job in explaining the confusion related to the program and the years each application covers.

As far as I know he gets an A+ on all of this - I am looking at other issues.

But you must admit, if anyone has all the internal emails sent by Pat Lehmann and maybe another trustee related to the "Integrity" matter - it would be Robert Fisher.

But also to be clear - Robert Fisher gets an A+ on how he resisted Pat Lehmann and the con related to the Integrity matter.

Again thanks for the comment - I think you can agree based on this post I am not trying to discount everything he did right

Bobby WC

Anonymous said...

I know this is a different subject but regarding the Congressional race, VELA should have filed as a REPUBLICAN. I'm sorry but I CANNOT support a REPUBLICAN. This man should be truthful and file as a Republican because that is what he is. Aside from that, this man has no plans to help this area. He's simply just running on his name.

http://riograndeguardian.com/lista_story.asp?story_no=21

BobbyWC said...

I am not rejecting your comment - actually you saved me a lot of work - I am waiting on some art work to post the story - you will like it - Thanks for the link - you were very helpful

Bobby WC

Anonymous said...

Lets not forger that a Linebarger employee put together a skeet shoot fundraiser for "Dr. Escobedo"...........I will let you guys connect the dots

Anonymous said...

Can you post your email addeess so i can send you some info.

BobbyWC said...

bobbywc58@yahoo.com

Anonymous said...

Fisher's department was very tight and his employee's are some sharp cookies. Iam sure they could access anything they want!

Anonymous said...

What emails are you referring to that Mr. R. Fisher has? Have you seen any of those emails and why do they matter now?

BobbyWC said...

great Question -

Review this first:

THE E-RATE SCANDLE - PRESAS-GARCIA, LEHMANN AND THEIR MONKEY FRIEND NAILED

On pages 50-51 of the report the matter concerning E-Rate has been referred to law enforcement for investigation. The only wrongdoing found was the alleged threats by Pat Lehmann on Hector Gonzales if he did not go along to change to Integrity. As the report notes Integrity eventually was put under federal investigation.

The report gives high marks to the former Administrator targeted by Presas-Garcia and in fact credits the former Administrator for saving BISD getting caught up in the "Integrity" mess."


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

Like I said Fisher gets an A+ in how he protected BISD against Lehmann's influence peddling in favor of Integrity.

There has to be emails wherein Lehmann was pushing Integrity - Deffenbaugh saw something on this issue to cause him to refer Lehmann for investigation.

I will bet the farm Lehmann was not the only Trustee involved - the corrupt 4 did not flip to protect Fisher for no reason - they were shown something and panicked

Think about it - the corrupt 4 were not able to protect Lehmann -

The emails could be something as simple as another trustee putting pressure on Fisher to give the contract to Integrity. Fisher refused the pressure and the corrupt 4 retaliated by gunning for him - bad for them that it appears Fisher had evidence they did not want to come out - so the corrupt 4 pulled from the report information which was negative - now to be clear - I think based on what I have seen - the same negative claims could have been made against every department at BISD - I do not want people thinking it was limited to technology services.

Given what we know about the Guerra letter and how he got Chavez's job - it seems like the same could have happened with Fisher - the difference is - Fisher has not gotten anything for his knowledge - other than negative information being left out of the audit.

Bobby WC

Anonymous said...

Request the emails from Public Info. They are public record..

Anonymous said...

Bobby emails have been sent...

BobbyWC said...

An open email request could lead to hundreds of dollars in fees - not going to happen - remember I do not get paid and every fee I must pay for unless I am provided the documents by a source

Bobby W C

Anonymous said...

Bobby, do you think those emails will help uncover more stuff? More corruption? Is it that important to get those emails Bobby? Man the more I read your blog, the more I get the sense that those in power in BISD are just there to make $$$ on the side. Vendors must buy shower them with lots of perks and freebies in exchange for crap. Again, no internal auditor keeping tabs on anything right? Our tax dollars going down the drain. How much does an Internal Auditor make at BISD? Where do I apply? No experience needed!

Anonymous said...

Refusing to submit to the corrupt $4 and the administration can cost you everything - your career, your reputation, a job you were dedicated to...but hats off to the brave ones who refused to lie and to bow down. May God give you courage and strength in your quest for justice. And to you evil ones, I hope you burn in hell, and that is putting it mildly! By the way Bobby, hope your headache is better. The wind and pollen might be part of the cause. Take good care.

Anonymous said...

Guerra got Chavez' job via blackmail, plain and simple. He had them and they asked him "what do you want?" He told them and Chavez' was out and he was in, same day, 15 minutes later. He didn't take a day to think about it, he was waiting in the wings that very same day. A real nice set up for him. What the hell does he know about athletics anyway? Oh, I forgot, he was a referee! That's makes him "qualified." Pobre.

Anonymous said...

Please see (f)...all it takes is a citizen of the county in which the school district is located to ask for an injuction. So why has one not been done? This is fed $ so it can be a problem for the people doing wrong....


Sec. 44.032. ENFORCEMENT OF PURCHASE PROCEDURES: CRIMINAL PENALTIES; REMOVAL; INELIGIBILITY. (a) In this section:(1) "Component purchases" means purchases of the component parts of an item that in normal purchasing practices would be purchased in one purchase.(2) "Separate purchases" means purchases, made separately, of items that in normal purchasing practices would be purchased in one purchase.(3) "Sequential purchases" means purchases, made over a period, of items that in normal purchasing practices would be purchased in one purchase.(b) An officer, employee, or agent of a school district commits an offense if the person with criminal negligence makes or authorizes separate, sequential, or component purchases to avoid the requirements of Section 44.031(a) or (b). An offense under this subsection is a Class B misdemeanor and is an offense involving moral turpitude.(c) An officer, employee, or agent of a school district commits an offense if the person with criminal negligence violates Section 44.031(a) or (b) other than by conduct described by Subsection (b). An offense under this subsection is a Class B misdemeanor and is an offense involving moral turpitude.(d) An officer or employee of a school district commits an offense if the officer or employee knowingly violates Section 44.031, other than by conduct described by Subsection (b) or (c). An offense under this subsection is a Class C misdemeanor.(e) The final conviction of a person other than a trustee of a school district for an offense under Subsection (b) or (c) results in the immediate removal from office or employment of that person. A trustee who is convicted of an offense under this section is considered to have committed official misconduct for purposes of Chapter 87, Local Government Code, and is subject to removal as provided by that chapter and Section 24, Article V, Texas Constitution. For four years after the date of the final conviction, the removed person is ineligible to be a candidate for or to be appointed or elected to a public office in this state, is ineligible to be employed by or act as an agent for the state or a political subdivision of the state, and is ineligible to receive any compensation through a contract with the state or a political subdivision of the state. This subsection does not prohibit the payment of retirement benefits to the removed person or the payment of workers' compensation benefits to the removed person for an injury that occurred before the commission of the offense for which the person was removed. This subsection does not make a person ineligible for an office for which the federal or state constitution prescribes exclusive eligibility requirements.(f) A court may enjoin performance of a contract made in violation of this subchapter. A county attorney, a district attorney, a criminal district attorney, a citizen of the county in which the school district is located, or any interested party may bring an action for an injunction. A party who prevails in an action brought under this subsection is entitled to reasonable attorney's fees as approved by the court.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1225, Sec. 3, eff. Sept. 1, 1999.

Anonymous said...

I would like to be THAT citizen to bring an action for an injuction NOW.

Anonymous said...

1:47 PM - PLEASE do it now!!!!