Friday, December 7, 2012


BISD RUNS TO AG TO COVER ROYSTON RAYZOR ALLEGED KICK-BACK SCHEME RELATED TO HEALTHSMART.

To remind my readers, it was always my intent after the election to go to the FBI with my affidavit verifying Rick Zayas's statements to me that he and a partner at Royston Rayzor were working with some trustees to get them to refer the Healthsmart case to Royston Rayzor.  The comment to me which caught my concern was Rick's claim they all would make money on it when it settled.

Based on this I sought documents related to Royston Rayzor and Healthsmart.  BISD today in a back dated letter, so as to avoid waiver of their defense, requested an AG opinion on the following:

UPDATE:  From Oct. 4. 2011 BISD Meeting

15. Discussion, consideration and possible action regarding RFQ’s for legal services in BISD
vs. HealthSmart.
(Board Member Request – JC)
In November the Board discussed Healthsmart again.  In my online research all the stories link back to the Herald.  All Herald articles prior to change of ownership are no longer available unless you are willing to pay for them.  It is hard to track what happened and when without Herald archives.  From what I can see on the BISD page I cannot track what happened with each vote.  All I know for sure is they voted to not hire counsel to sue Healthsmart based on a contingency basis.  Once they voted no, the protection of bidding information falls.  Also they never established an attorney client relationship.


BISD'S LETTER TO AG

"§ 552.101. EXCEPTION:  CONFIDENTIAL INFORMATION.  Information is excepted from the requirements of  Section 552.021 if it is information considered to be confidential
by law, either constitutional, statutory, or by judicial decision.
 $552.104. EXCEPTION:  INFORMATION RELATED TO COMPETITION
OR BIDDING.  (a) Information is excepted from the requirements of Section 552.021 if it is information that, if released, would give advantage to a competitor or bidder.

Here is the problem - BISD never authorized anyone to go out and seek bids on Healthsmart.  In fact when a board member sought authorization for Carl Montoya to seek bids the matter failed. 

Anything which BISD has was sent to BISD without any request from BISD.  In fact what may exist may be evidence of unsolicited requests for legal representation.  This by itself could be a crime.

I am filing my response to the AG showing no attorney client privilege exists and that in fact BISD never asked for bids and that in fact when a board member asked for bids, the matter failed for lack of a majority. (Someone please research the date on this for me - thank you)

The entire defense is frivolous and designed to run cover for possible criminal  conduct.  Of course, I know get to put before the AG my affidavit verifying my conversation with Rick Zayas and alleged kick-backs.  Which then allows the AG to open a  criminal investigation.

In their letter you will note it is dated December 5, 2012.  Leandra Ortiz back dated the letter to comply with the law and timeliness of the objection.  I just now picked up the letter.  You will note they show hand delivered to me - that was just about 30 minutes ago December 7th, a day which will line in infamy - again.

8 comments:

Anonymous said...

If TEA would just step up and take over, maybe and just maybe, BISD could rid itself of all the crooks long enough for the people of Brownsville to see what a district without corruption looks like. Not likely to happen, but one can dream.

Anonymous said...

When you open BISD's Letter to AG, you get Rosie Lehmanns suit against Jerry McHale, so it is difficult to follow what you are writing in regard to BISD asking for an exception. If you could clarify to your readers the post might have some substance.

BobbyWC said...

Sorry, thanks for the headsup - I have no idea how that happened, but it is now fixed

Bobby WC

Anonymous said...

If my memory serves me correctly the subject was discussed at several meetings. Bobby can't you just get a copy of the meetings in reference to that subject. Did they not approve, at one meeting, to go out and look for someone who would take the case at no charge to the District and then at another meeting they voted not to award the case to anyone. Just ask for the meetings discussing the Healthsmart issue.

BobbyWC said...

You may be right - but once they voted to not hire anyone, the bidding protection falls - also they can redact actual bids and disclose the rest

Bobby WC

Anonymous said...

At least you have finally realized what a sleaze RZ really is.

BobbyWC said...

You have that wrong - when his first ad came out against Lehmann I said "does this man even know children go to BISD." All I have ever done is refute the lies and discuss the corruption. Neither of those acts indicate I ever trusted RZ - I knew early on he was political -

I said over and over and over again the discharge of Hector Gonzales while justified, was in fact political because the way it works is they ignore your incompetence so long as you go along. This is why I repeated went after Otis Powers in his election against Presas-Garcia - we was unwillling to take a position over Hector Gonzales incompetence.

Bobby WC

Anonymous said...

They were a joke!! Let's see if anything changes from this point on.......