BISD to change legal counsel
The Brownsville Independent School District Board of Trustees handed the Walsh Anderson law firm its walking papers Tuesday night and set the clock in motion for hiring new legal representation.
Following an executive session, the board gave 30 days’ notice that it will end its contract with Walsh, Anderson, Brown, Gallegos and Green, P.C. The Austin-based firm has represented the BISD board since 2007, with Mike Saldaña as its local counsel. Walsh Anderson specializes in public school and special education law.
The vote was 5-0-1, with trustee Joe Colunga abstaining and board president Catalina Presas-Garcia and trustees Enrique Escobedo Jr., Christina L. Saavedra, Minerva Peña and Luci B. Longoria voting in favor.
The board then directed Superintendent Brett Springston to bring to the board at its next meeting “resumes and firms he recommends to represent the district on an interim basis.” The vote was 6-0 and came amid discussion about who the interim firm would be after Saldaña cautioned the board that, under Texas law, it could not hire the firm “in secret” and must base the decision on professional qualifications, not fee schedules.
Escobedo twice moved to direct Springston to hire the Brownsville law firm of Roerig, Oliveira and Fisher, LLP as interim legal counsel. He withdrew the first motion, discussion ensued and he then made a similar motion, which died for lack of a second.
Campaign contribution reports filed eight days before the Nov. 2 election in which Escobedo was elected to Position 2 on the board show that Brownsville attorney Rene O. Oliveira made two contributions of $500 each to Escobedo’s campaign. Oliveira, D-Brownsville, is a partner in Roerig, Oliveira and Fisher, LLP.
After directing Springston to bring back recommendations for interim counsel, the board voted 5-0-1 with Colunga abstaining to direct BISD administration to put out a request for qualifications for legal services for the district.
The district’s legal representation — and an accompanying presentation on BISD legal fees over the past several years — was on the agenda at Presas-Garcia’s request.
The presentation by BISD internal auditor Margarita Pizana Flores tracked the district’s legal expenses from the 2003-2004 school year to the present. It showed a spike in legal fees during 2008-2009 when the district terminated former superintendent Hector Gonzales. It also reflected the cost of special education due process hearings during the tenure of former Special Services administrator Art Rendon.
During the discussion on law firms, Presas-Garcia reminded board members that “all we’re trying to do here is the transitioning” to new legal representation. Referring to the auditor’s report, she also urged trustees to keep their focus “on the $3.9 million in legal fees that could have gone to our students.”
