Gonzales strikes back: Suspended superintendent targets four trustees in $10 million defamation lawsuit

Superintendent Hector Gonzales on Tuesday filed a $10 million lawsuit against four members of the BISD Board of Trustees for defamation of character and breach of contract.

The lawsuit was the latest salvo in a controversy that has embroiled the Brownsville Independent School District ever since a new school board was seated after the November general election. Brownsville attorney Ruben R. Peña filed it on Gonzales' behalf in the 107th state District Court against Trustees Rolando Aguilar, Ruben Cortez Jr., Joe Colunga and Richard Zayas.

The lawsuit seeks actual and compensatory damages from the four trustees, but not from BISD. Peña said the $10 million figure was used "to bring attention to the fact that when trustees take actions that are not in the best interest of the district, they will ultimately be held accountable for their acts. The petition doesn't ask for money from the district itself but rather from the trustees who have committed the actions set out in Mr. Gonzales lawsuit."

Gonzales was suspended Jan. 16 at the conclusion of a specially called Board of Trustees meeting during which trustees also ordered an investigation of BISD's Special Services Department. The suspension capped a series of specially called meetings, evaluations of Gonzales that lasted late into the night and inquiries by the school board regarding special education programs run by the Special Services Department.

Peña said the trustees by their actions already have broken Gonzales' contract.

Gonzales is also asking for reinstatement to his position as superintendent and has requested a hearing before Judge Ben Euresti of the 107th District Court.

"As much as I love and care for the students and community of Brownsville, I am compelled to take legal action in order to clear my name and recover the damage that has been caused to me and my family," Gonzales said in a prepared statement.

"The damage to my reputation and the suffering that my family an I have endured can never be fully repaired," Gonzales added. "It is my hope that we can soon put this situation behind us and return to the important issues associated with providing the best possible education to the children of Brownsville."

Peña filed the lawsuit as a cross-claim to a lawsuit filed Jan. 6 by Special Services Administrator Art Rendon against the same four trustees, Mike Saldaña, the district's counsel, and Gonzales himself as BISD's chief executive officer.

He said he filed it as a cross-claim because the "core set of facts" in the two cases is nearly identical.

Rendon's lawsuit alleges several civil violations in regard to how Aguilar, Cortez, Colunga and Zayas handled an agenda item at the Dec. 2 board meeting concerning disbursements of federal, state and local funds for special education. The lawsuit claims breach of contract, violation of the Open Meetings Act, libel and slander.

Gonzales' lawsuit notes that BISD received numerous awards under his leadership. It says he received excellent evaluations and $20,000 raises in both 2007 and 2008.

Nevertheless, after the election the four board members began to seek Gonzales' termination through monthly evaluations, investigations and accusations culminating in his Jan. 16 suspension.

"The actions of these board members were done with malice and intent to injure the Cross-Plaintiff's (Gonzales') reputation and in fact has damaged Cross-Plaintiff's reputation for the foreseeable future," the lawsuit states.

According to the lawsuit, "Cross-Defendant Zayas has alleged that (Gonzales) was guilty of being responsible for the loss of ‘millions' of dollars in the Special Services Division," even though "no documents or information were ever provided to (Gonzales) of such accusations."

Cortez "has likewise stated that (Gonzales) ... has divulged information from conversations in executive sessions of the Board of Trustees and that such breach of confidentiality was illegal."

Gonzales, however, "has steadfastly denied such accusations and in fact has informed individuals only of information that was being requested by the Board of Trustees," the lawsuit states, adding that Colunga and Aguilar also have accused Gonzales of wrongdoing in divulging confidential information protected by state and federal law.

The four trustees made the accusations in the Jan. 16 board meeting on Gonzales' suspension that was open to the public "and continue to do so," the lawsuit states.

"Cross-Plaintiff requested that the Board conduct its meeting in open session in order for him and the general public to know what assertions were being made to cause his suspension as superintendent of schools. None of the board members had ever provided Cross-Plaintiff any evidence of these purported misdeeds. Cross- Plaintiff asked for an open session meeting on 1/16/09, however, he did not invite the defamatory allegations. The implication has been made by these board members that the Cross-Plaintiff has been engaged in illegal activities (that) involved school funds, violating the confidences of executive session and divulging confidential information. All such allegations are without merit and are false," the lawsuit states.

The lawsuit also states that "defamatory statements by the Cross-Defendants were uttered with malice and bad faith for the purpose of causing injury to the Cross-Plaintiff. Cross-Defendants' publication of slander and slander per se was made with malice for the reason that the statements were made with the knowledge that they were false or with such recklessness as to indicate a disregard for the consequences and conscious indifference to the rights of the Cross-Plaintiff."

Cortez said he had not yet seen the lawsuit, but said filing it doesn't change the facts.

"You can file suit after suit after suit, but it doesn't change the fact that certain things were done that were inappropriate," Cortez said. "I don't know the basis (of the lawsuit) but I would just imagine that it doesn't hold any merits. It's not going to hide the fact that there are serious violations that need to be investigated."

Aguilar said Gonzales is "free to do whatever he wants. ... He's doing what's best for him."

Colunga and Zayas could not be reached for comment.

TIMELINE OF EVENTS LEADING TO THE LAWSUIT

Sept. 18 - Brownsville Independent School District Superintendent Hector Gonzales receives his annual evaluation. The evaluation was positive in all areas - Gonzales receives a $20,000 raise - but his contract was not extended as some members urged.

Nov. 4 - Rick Zayas, Catalina Presas-Garcia and Minerva Peña win election bids to Board of Trustees.

Nov. 18 - In the first board meeting after the November election, trustees evaluate Gonzales, voting 5-0 to place an item styled "Superintendent's Formative Evaluation" as a standing, once-a-month item on meeting agendas. Board member Dr. Enrique Escobedo abstains, saying Gonzales had already been evaluated Sept. 18. Peña was not present.

Dec. 17 - After two hours in closed session, board President Rolando Aguilar announces shortly before 1 a.m. that the board would take no action. Presas-Garcia questions whether Gonzales actually received an evaluation and says the board needs to make sure it has been properly trained to do one.

Dec. 22 - Presas-Garcia says it was evident during a closed-door session at the previous week's board meeting that a majority of the board members want to buy out Gonzales' contract and make it look like he resigned. Garcia says the majority to which she referred includes Aguilar, Vice President Ruben Cortez Jr., Secretary Joe Colunga and Zayas.

Jan. 3 - The board posts a specially called meeting to consider Gonzales' request for a change in his contractual status. Also, Presas-Garcia and Peña say they will file a complaint with the Brownsville Police Department alleging that the majority on the board is harassing Gonzales. Both also say minority members found out about the meeting only after it was posted at BISD headquarters, 1900 Price Rd.

Jan. 5 - A report by Special Services Department Administrator Art Rendon surfaces concerning alleged malfeasance dating back years in the district's Special Services Department - and recent successful initiatives to discontinue inappropriate practices. Rendon says Gonzales had requested the report to be used during his "formative evaluation" scheduled in executive session at the Dec. 16 BISD Board of Trustees meeting.

Jan. 6 - The board agrees to end the controversial monthly evaluations of Gonzales' performance and unanimously rejects his offer to resign after it was served with a lawsuit to halt alleged attempts to oust Rendon. The lawsuit alleges several civil violations in regard to how the board majority handled an agenda item concerning disbursements of federal, state and local funds for special education. The lawsuit claims breach of contract, violation of the Open Meetings Act, libel and slander. The lawsuit is filed against Gonzales, in his capacity as the district's chief executive officer, Mike Saldaña, who serves as BISD's counsel, and board members Aguilar, Colunga, Cortez and Zayas.

Jan. 15 - State District Judge Benjamin Euresti grants a temporary restraining order to Rendon in his breach of contract lawsuit against BISD.

Jan. 16 - The BISD school board suspends Gonzales pending an investigation of the district's Special Services Department. Gonzales is placed on administrative leave with pay. The vote restricts the investigation to 60 days and stipulated that the interim superintendent come from within BISD ranks and not receive any additional pay. Trustees name Brett Springton, assistant superintendent of operations, as interim superintendent. Also, attorneys for Antonio Juarez, BISD's former chief financial officer, file a lawsuit alleging a conspiracy by former and current school board members to coerce his participation in the "manipulation of the bidding procedures" used to award a district basic life and stop-loss insurance contract. The lawsuit alleges that when Juarez would not participate, current majority members of the board coerced Gonzales to obtain Juarez's resignation. Gonzales then reassigned Juarez as BISD's grants administrator.

Jan. 20 - State Rep. René Oliveira asks the Texas Education Agency and the Texas State Auditor's Office to get involved in BISD's investigation of its Special Services Department.

Jan. 26 - Concerned residents fax a cover letter and two pages of signatures to the TEA in Austin. The petition calls on TEA to conduct an official investigation into actions by the four-member majority of the board.

Jan. 27 - BISD formally hires two law firms, one to conduct an investigation of Gonzales, the other to represent the district in a grievance filed by Rendon.

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SOURCE: The Brownsville Herald