Monday, July 2, 2018


TWO CASES:  DID CESAR DE LEON, JESSICA TETREAU-KALIFA AND DAVID BETANCOURT VIOLATE TOMA BY HIGHERING MARIO LOZOYA?

A RESOUNDING YES

DID PHIL COWEN'S ALLEGED COMMENT ABOUT HAVING THE VOTES TO REMOVE DESESPERANZA ZENDEJAS A VIOLATION OF TOMA EVEN IF IT IS TRUE?

A RESOUNDING NO

GBIC VOTE - VERY ILLEGAL AND CRIMINAL

I am not going to reprint every document.  But we begin with the document for the agenda on July 21, 2018.

First the law as handed down by the Texas Supreme Court.

"The Board did not provide full and adequate notice, particularly where the subject slated for discussion was one of special interest to the public. Selection of a new school superintendent is not in the same category as ordinary personnel matters and a label like "personnel" fails as a description of that subject."

Click for Cox Enterprises at 959

The selection of a Superintendent is certainly at the same level as the Director of GBIC.

The Agenda Item for July 21, 2018.


The notice herein says nothing about choosing a Director.  All it says is consultation with the company who did the search.  Nurith Galonsky and John Cowen Jr. both left before executive session because they knew based on the notice no vote could be taken on the hiring of a director.

VIOLATION # TWO:

By their own admission Jessica Tetreau-Kalifa, Cesar de Leon, and David Betancourt, voted to hire Mario Lozoya during an illegal quorum wherein there was no announcement of the meeting.

We know this because one, Mike Hernandez's mouth piece the drunk told us, and two on the 24th before the formal meeting for the 26th Cesar de Leon gave Mario Lozoya a contract to sign, which does not allow for his discharge for non-performance.  The  contract was prepared by none other than Mike Hernandez's cousin.  I have been up against Luis Hernandez in court and beat his ass while effectively in a coma.  Like any good whore attorney he will argue whatever he is paid to argue, which is why he lost in a slam dunk case.  Bright or honest is not a word associated with Luis Hernandez.

Below is the contract signed on the 24th by Mario Lozoya.


This contract could not have been moved forward on the 24th unless an illegal vote was taken on the 21st without proper notice.  No proper notice with deliberations means criminal and civil TOMA violations

UNDER THE LAW

What I have put before you is enough to indict Jessica Tetreau-Kalifa, David Betancourt, and Cesar de Leon, and possibly Luis Hernandez and Mike Hernandez on conspiracy.

None of these people should fret. Luis Saenz will do nothing.

The city can sue in the morning to block the contract or for that matter any of the millionaires feeding me information either directly or indirectly and void the contract.  They will not.  Why?  Because a win for the people on this one could empower the people to take action in the future against such a group as the Galonsky Circus.  So Galonsky will huff and puff but take no action.

A private citizen can file on their own and win.  But to what end because I can tell you the city commission will never convene to remove Jessica, Cesar, and David out of fear of precedent that the move in the future can be used against their side.

So know this, we are screwed.  It is all huff and puff from the other side with no desire to act.

CASE TWO:  DID PHIL COWEN VIOLATE TOMA, ASSUMING HE MADE THE CLAIMS ATTRIBUTED TO HIM BY ERASMO CASTRO?

I will note Castro says there is video to prove it, but refuses to post it.  Yesterday he demanded I retract the following:  Why do they give phones to idiots? "Second, dispelling another one of Erasmo Castro's lies and claim Phil Cowen violated TOMA.  "

What exactly did Castro say?  First the picture.


Now his words - "Tuesday’s BISD Board meeting was a failed attempted coup which caused the meeting to run into the wee hours of the morning.
Upon arriving I was confronted by my friend Trustee Phillip Cowen who asked me about my upcoming run for the board. He then proceeded to let me know that they had the votes to remove Zendejas and place Dr Dora Sauceda as Interim superintendent and in November we would decide who would take the reigns at BISD."
Lets begin with the fact the BV has been reporting since January there are three votes to remove Desesperanza Zendejas for cause and the BV has posted the email to justify same.  In defense of Desesperanza Zendejas so he can garner to support of her corrupt child abusing supporters he says. "My issue is we haven't been given a clear picture as to the reasoning for it. If in fact Dr Zendejas has been doing a crappy job, pues let us know... but if it's all a political play to put pets in power positions, pues then we all lose.
THE KILLER EMAIL



This email was send to Dr. Atkinson after she asked Dr. Zendejas to investigate why a child with Dyslexia was being denied services.  Well as can be expected Baltazar Salazar ran cover for BISD and responded to the complaint with false documents and false sworn to statements. We now know the SBOE by initially doing nothing violated an agreement with the Department of Education concerning children with dyslexia.  We also know the investigation has been reopened with a full blown investigation against BISD by the SBOE and the Department of Education.  We also know heads rolled in Special Services.  They lied and said they knew nothing about the issue until February 2018, when we had internal documents that BISD chose to deny services in August 2017.

According to Castro this is who we should entrust our special needs children to.  A superintendent who abandoned her duties and got BISD caught up in a major state and federal investigation.

Castro has no use for children. He uses them as a means to an end.  No right minded person possibly can defend Zendejas.

Okay the law.

We all know lawyers are very adept at being creative and avoiding the law.  But the courts have dealt with it.

Something which is a TOMA violation which is standard down here is the elected officials will use a third party to solicit the position of the other board members and then tell all of the board members what they learned.  This is illegal.

There are plenty of old AG opinions which the courts have rejected for obvious reasons which say if two board members consult on whether to put an issue on the agenda that is a violation of TOMA.  The obvious problem with this is it takes two to put an issue on the agenda so at least two have to consult or the board will never ever be able to put anything on the agenda.

THE KEY TO GET TO A VIOLATION

If the board members discuss the substance of the issue there is a violation.  Unlike the case of GBIC there is zero evidence any BISD trustees discussed the substance of removing Zendejas.

The closest there is to this is a federal case wherein after criminal charges were dropped and the elected officials sued the DA.  The court of appeals found the trial court improperly dismissed the lawsuit based on the wrong standard and remanded it for further review.

"The plaintiffs, elected city council members, were indicted in state court for violations of the criminal provisions of the Texas Open Meetings Act (“TOMA”)1 by acting as a quorum in exchanging private emails discussing whether to call a council meeting to consider a public contract matter.   After prosecuting the charges for several months, the district attorney dismissed them without prejudice."



 Back to Castro's lies and laughable demand for a retraction.  He called the event an attempted coup.  The key word in the definition of coup is "illegal." "a sudden, violent, and illegal seizure of power from a government."  If not a TOMA violation what was illegal?  Castro's own words show his concern that Cowen was representing to have the votes, which would mean people met - again TOMA.

If two trustees under TOMA cannot meet to agree to put an item on the agenda, then the trustees will never be allowed to put any item on the agenda.

Since the hiring of Zendejas there has been a demand for her removal for a corrupt hiring.  The BV has printed repeatedly there are three votes.  Obviously at the key moment there was no 4th vote.  At the meetings you can count the heads of those fed up with Zendejas.  You think the trustees cannot see what we can see. or hear what they hear in legal executive sessions?

Castro has zero proof a quorum met to remove Zendejas.  Her hire has been controversial since day one.  The fact she passed the buck on this child with dyslexia and put BISD under both a federal and state investigation in any normal school district would have gotten her fired.

To sum up the courts will not prosecute two elected officials who consult to put an item on the agenda.  There is no evidence anyone met to deliberate on this issue.  To the extent Cowen made the statement there is no evidence his opinion was based on anything more than what he had heard in past executive sessions, which he is legally allowed to talk about, in general.

How many times has review of Zendeja's performance been on the agenda?  According to Castro it is impossible for the trustees during these legal meetings to get a sense of where the other trustees stand.

Castro is an idiot and would not serve our children if elected.


TO SUM IT UP
I just posted in simple terms the law and how to end this in court tomorrow.  There are two very clear violations.  But guys I know reality.  The Galonskies will never support a lawsuit out of fear the same tactic can be used against them.  It is time we accept reality this is all huff and puff with no one really caring other than wanting to bitch.  Action means caring and we both know no one will sue, and the city commission will never vote to remove Jessica, Cesar and David. So the case is now closed with the BV.

I reported the truth which includes the complainers will do nothing

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