Monday, February 16, 2015


The interim-Superintendent will be Dr. Esperanza Zendejas.  She takes the job in the morning.  She was hired in 1992,  as BISD's superintendent.  There was an early controversy related to her certificate because she was from out of state But it was resolved.

There is a good discussion about the hiring of a committee or firm.  They all seem to agree the community should be involved.  Otis Powers is the only one who wanted to allow BISD staff to do the selection of possible candidates.  By the other Board members rejecting Otis Powers request they removed from Otis any possibility of him influencing BISD staff.

Each member will get to appoint 2 members to the citizen committee, and before the March meeting the Administration should have the name of various consultants to be chosen from.  Joe Rodriguez wanted to limit each Trustee to one citizen appointment or maybe only three altogether.  We need more than three, but 7 would have been better than 14.  14 people could turn the process into a circus with rational people refusing to attend rather than dealing with 14 people arguing. 


The deal is legal because the rules were followed.  Otis Powers as President and Minerva Peña as Secretary signed the check.  [Remember how Juanito told us Otis Powers would never sign such a contract - well he signed the check which makes it worse - and he refused to call a special meeting to consider the offered stopgap coverage - as to Minerva as Board Secretary she had no authority to call a special board meeting, but did have a fiduciary duty to protect the district.  Once it was established policy was being followed pursuant to that fiduciary duty she had to sign the check.]

No contract was signed.  Because of the terms of the contract [which was not signed by Otis]  it is possible nothing can be done.  For now the Administration has been ordered to try and find another company which will take over on June 1, 2015.  The contract requires BISD pay a minimum of 35% of the original amount regardless of when the contract is cancelled.

The issue is not whether the Administration followed policy, which no one could dispute once the local rules were looked at.

The issue is, why did Otis Powers not call an emergency meeting to consider the stopgap policy being offered by another company?

This issue was sidetracked by the Board.  Presas-Garcia did raise the question as to why on January 13th they did not vote on a stopgap policy.  Okay Cata, tell us why did you not raise the issue in January at the meeting?

Joe Rodriguez expressed his dissatisfaction with how everything was handled.  But no one was willing to call for an investigation as to why no special board meeting was called. 

There was fraud in the decision to not call the special meeting to consider the stopgap coverage.  Just because the Board can say policy was followed does not mean there was no fraud in Otis Powers not calling the special meeting.

The FBI has to look into this.  The Board needs to ask for assistance from the FBI.  Cesar Lopez expressly asked for a special meeting to consider the stopgap coverage.  Why was his request ignored?  The FBI needs to sit Otis Powers down and demand he answer the question, along with Carl Montoya and Lucio Mendoza.

Until we have an answer to the forgoing, we have no answer and the Board remains subject to valid criticism.

Cata was Cata - even when she was recognized she had to find something rude to say. 


Anonymous said...

Bobby, is it possible that Mr. Powers' signature on the check was a stamped signature? If so, would that invalidate the contract? It sounds like the stopgap was the better deal for the district.

BobbyWC said...

I thought about the stamp issue, but neither Otis or Minerva stated they just used their stamp without consulting them.

Otis failed to call the special board meeting. Once he refused to do his job, Minerva as the Board Secretary had no choice but to sign off as part of her fiduciary duty to the BISD.

Bobby WC

Anonymous said...

Bobby, does it sound like the board is trying to sweep this insurancegate thing under the rug by saying policy was followed?

BobbyWC said...

Yes - but my issue is and there is no factual dispute - Cesar Lopez asked for a special board meeting to vote on the stopgap which was being offered. Otis Powers refused.

Assuming policy was followed it still remains why did Otis refuse to call the special meeting.

Now not all board members are happy - I think for now they are waiting. It would not surprise me if a criminal complaint has already been filed on Otis by some of the Board Members and they are just waiting for the feds to act.

I was told all of the insurance information had already been turned over to the feds - including evidence Otis refused to call the special board meeting which would have avoided the entire mess

Bobby WC

Anonymous said...

Is there any way that BISD can avoid losing the 35% of the original amount by canceling the contract?

BobbyWC said...

BISD can sue on the claim of a monopoly and void the contract. They need to get immediate bids and then sue the insurance company.

The FBI needs to bring in Otis Powers yesterday to determine why he refused to call the special meeting.

I will stay on this.

Look tonight the Board got an A+ on replacing the super - they did everything I said they needed to do for transparency.

But on the insurance deal someone is running cover for Otis Powers.

The FBI needs to pull his phone records, texts - etc.

Something is wrong

The best I can hope for is the FBI told certain board members who allegedly turned over documents directly or through counsel to sit tight while they collect the evidence.

Bobby WC

Bobby WC

Anonymous said...

If you listen to Mrs. Presas-Garcia's comments on the signatures she states that Powers' & Pena's signature were on the check. She never stated that they signed the check. So I do believe it was a stamp signature. That is why there was no discussion from Powers & Pena on signing the check. Besides, don't you think they would have questioned a check that size? Presas-Garcia just likes to throw more wood into the fire. Also, do you really think Powers & Pena
have the time to sign the hundreds of checks that go out for payment on goods & needs of BISD. A district this size makes lots of purchases for the daily operation of the entire district. Think about it.

BobbyWC said...

I do not have a problem with what you are saying. But i deal in best evidence and neither said it was a stamp without approval

Anonymous said...

I think Mr. Powers did say that at yesterday's meeting.