Monday, May 4, 2015


Just verifying one more fact - full story with documents within the hour.

Presas-Garcia brought in Danny Defenbaugh as a hit man to write a scathing report against Joe Rodriguez and Jose Chirinos.  The scathing report also included Rey Arteaga.  The problem with Rey was, the original report was changed which praised Rey Arteaga to basically finding deficiencies while rejecting Presas-Garica's claims of  criminal conduct. The BV previously posted the email from Danny Defenbaugh praising Rey Arteaga. 

Here is the original scam as posted on the BV.  It is not shocking to me Joe Rodriquez is using the same scam against Dr. Sylvia Atkinson. 

"Below is the Defenbaugh audit of BISD. It is a $250,000 fraud and Defenbaugh's own email recommending Commendation for Rey Arteaga proves it.

On page 9 within the Executive Summary Defenbaugh outlines accusations of criminal wrongdoing against Rey Arteaga. After finding the claims to be unfounded Defenbaugh, so as to not offend Presas-Garcia then finds "multiple deficiencies and significant shortcomings." On this issue Defenbaugh could not list one thing to support his findings.

Unfortunately for Defenbaugh there is his email with his true findings.

In the email Defenbaugh states Rey Arteaga should be commended for how he runs the Maintenance Department."

For legal purposes this is important because it shows a pattern and practice by BISD as to how they hire hit men to fabricate reports.

Mr. Zabarte may not remember me, but I certainly remember him.  He is also a long time friend of BISD counsel Miguel Salinas who I have known since 1988.  I also know both of them from the various gyms we have belonged to.
The documents which follow will show Aguilar and Zabarte were brought in to investigate Dr. Sylvia Atkinson even before the Board authorized same.  In fact the Board not once but twice approved their billing before they were even hired by the Board.
But here is the kicker, the law firm as a matter of law is barred from working for BISD
"§157.41. Certification Criteria for Independent Hearing Examiners.
(a)  License required. An individual who is certified as an independent hearing examiner must be licensed to practice law in the State of Texas.
(b)  Representations prohibited. An independent hearing examiner, and the law firm with which the independent hearing examiner is associated, must not serve as an agent or representative of:
(1)  a school district;
Lawyers at the TEA just verified for me that although he was approved as a continuing Hearing Officer on January 5, 2015, he is no longer a Hearing Officer with the TEA.  Further a separate source within the TEA just verified Zabarte resigned as a hearing officer last week.  A full investigation is underway.  The State Bar will certainly take action against Zabarte and Miguel
UPDATE:  I just learned the TEA dropped the investigation in exchange for Zabarte's resignation.  The TEA knows there is in excess of $23,000, in fraudulent billing which includes federal funds.  The TEA may want to consult with real lawyers - they just made themselves party to the cover up.
You will note that which follows shows the Board did not even hire Aguilar and Zabarte until April 2015, so why then do Agenda Items for February and March show approval of payment to Zabarte?
Miguel Salinas with the help of Baltazar Salazar illegally brought in Zabarte without Board approval and in violation of Texas law to investigate Dr. Sylvia Atkinson as a reliable hit man.  His report which cost BISD  $23,747 is worthless and will get BISD sued.  The question is, will the Board vote to sue Aguilar and Zabarte to get the taxpayers' money back. It is a case of black and white fraud since Zabrate and his firm was barred from working for BISD.
The question is, will the Board cancel Tuesday's meeting and then call a special Board meeting to fire Baltazar Salazar and Miguel Salinas while bringing in interim counsel to fix the mess?  Do not hold your breath,  This Board will spend a million dollars to protect the guilty, and Minerva  Peña as Rodriguez's little puppet and Board president will go along with it. 
So above you see wherein in April the Board is asked to hire Aguilar & Zabarte, but the problem is in February they approved a payment of $10,859.20, and in March they approved a payment of $12,887.80. for a total of $23.747, for a firm which was barred as a matter of law from representing BISD.
To the lawyers this makes more sense, but I think my readers will get it  Immediately after the Board approved Carl Montoya's extension of contract, an agenda item was filed to revisit it before the contract was signed.  Miguel Salinas under orders from Otis Powers immediately prepared the contract for extension of contact after Baltazar Salazar refused, according to Minerva Peña.  This according to Miguel Salinas made the agenda item moot.
Well here we go again, Dr, Sylvia Atkinson timely filed a level three grievance with the Board, and to avoid it the Administration put on the agenda a recommendation to not renew her contract.  The court will see the game and find against BISD.
Right now the deductible is $100,000, of your money to continue this con job.  If BISD can find new insurance - their current insurance expires in June - I am certain the deductible will be $250,000.  These Board Members will not stop until they bankrupt the school district.
There are two FBI agents assigned to BISD at this time.  The FBI Director was just in the LRGV to reassure the people that our public officials are being looked at - but at BISD they continue to believe they cannot be touched. 
This lawsuit is going to be big.
A smart Board cancels Tuesday's meeting, calls a special meeting to fire Baltazar Salazar and Miguel Salinas, and then bring in an interim counsel, and then ends the mess.
They will not - Minerva Peña will do exactly as directed by Joe Rodriguez. She will take this Board and school district down to protect, Rita Hernandez, Rose Longoria, Luis Segura, and Teri Alarcon, among others- Minerva's friends cannot be touched and so long as Joe Rodriguez goes along with Minerva, she will go along with Joe Rodriguez. 
Jose Chirinos is in Oz trying to find his way home.  Cesar Lopez is running scared over the insurance mess and will do exactly as Joe Rodriguez directs him to do.  Otis Powers sits alone with no one willing to work with him - and well Presas-Garcia has no one to turn to, to form a majority.
Let the litigation begin and with any luck the TEA on this one will take control of the school district.
There is more, but I am waiting on documents. .


Anonymous said...

Bobby, now apparently with the two FBI agents assigned to the insurance mess will they be looking at the hiring of counsel?

BobbyWC said...

You an see I approved your comment as I was getting to publish the same thing.

It is all going to the two agents.

This is a clear fraud on BISD which includes federal money. The FBI has clear jurisdiction to indict Miguel Salinas and Francisco Zabarte

Bobby WC