Monday, June 8, 2015

 
WILL SAENZ FILE THE LAWSUIT TO STOP ESPERANZA ZENDEJAS THEREBY GAINING POLITICAL CAPITAL FOR THE ELECTION, OR WILL HE ASK THAT THE BISD BOARD OF TRUSTEES INSTEAD THROW THEIR POLITICAL MACHINES HIS WAY IN EXCHANGE FOR PROTECTION?


The vote to make Desesperanza Zendejas the sole finalist was a violation of the Open Meetings Act.  Either DA Luis Saenz or a citizen can bring an immediate lawsuit to void the vote and effectively end Zendejas tenure at BISD,  It will also end the career of many of the BISD Board Members.

I predict Saenz will forgo his sworn oath to the people in exchange for the BISD Trustees committing their political machines to Saenz.  A smart move by one of his opponents would be to file the lawsuit to void the vote for Zendejas and then ask the public - why did Saenz run to protect the illegal conduct?

The reasoning behind the law is not complex.  Would you sit down with your spouse and discuss how much you are willing to pay for a house while sitting with the seller of the house?  No, of course not.  You have a number you are willing to pay.  Smart people keep it from the seller during the negotiating period.

It is a basic issue of contract and negotiations.  TASB has made clear candidates for superintendent cannot participate in the process.  The reasoning is the same.

HERE IS WHAT TASB SAYS

The sizing function for pictures is not working this morning.  Click here and see page 2

AG HANDBOOK EXPRESSLY SAYS - SELLER OF REAL ESTATE MAY NOT BE IN EXECUTIVE SESSION

CLICK SEE PAGE 54

A BISD TRUSTEE CAN BE PROSECUTED FOR PARTICIPATING IN AN ILLEGAL CLOSED MEETING

See, Tovar v. State, 978 S.W.2d 584 (Tex. Crim. App. 1998).  Thereafter the Texas Legislature Amended the law to provide for good faith exception such as - being lied to by Baltazar Salazar.  great right?,.

THE FEDERAL COURTS AND AG HAVE MADE CLEAR DURING REAL ESTATE DEALS THIRD PARTIES OTHER THEN CITY EMPLOYEES CANNOT PARTICIPATE IN EXECUTIVE SESSION

Click for Federal Opinion see page 787

"The City asserts that its closed meetings with Mavericks representatives and real estate owner Woodbine Development Corporation representatives are encompassed within this real estate exception. The City's interpretation misreads the provision. The members of the Committee "may consult with their employees in private, but may not consult with other third parties in private." Op.Tex.Att'y Gen. No. DM-191 (1992)."

The same rule applies to the hiring of the Interim Superintendent.  Zendejas was in Executive Session and actively participated in her own hiring.  This was illegal.

A court will void the vote and Zendejas will be sent packing.

WILL MASSO TAKE THIS GOLD EGG

I think not - it is not about the law.  Taking down the BISD Board of Trustees while Saenz refuses to do his job will mean a lot of political capital for Masso - but the law is never an issue with any of these people - it is about the title and power.

So our only choice is will a citizen bring the lawsuit and end the BISD Board of Trustees tyranny while sending Zendejas packing.

1 comment:

BobbyWC said...

inasmuch as nothing I said can remotely be considered an endorsement of anyone your comment is rejected. Do you understand the concept of a discussion. I simply note if Masso wants to gain some political capital he will file the lawsuit. This is a reality whether you like it or not.

But then I went on to say he would not file the lawsuit because he is about power - on what planet is that an endorsement? - please tell my readers.

Bobby WC