Reinstated school bus driver receives back pay

A Brownsville Independent School District bus driver who was reinstated following a grievance hearing will receive back pay under a compromise settlement agreement approved by the school board.

School bus driver Maria Lippman was reinstated following a grievance hearing held in public at the July 15 BISD Board of Trustees meeting. At the conclusion of that hearing, the board voted unanimously to grant the remedies Lippman sought, which included back pay.

However, trustees reconsidered the matter at their next meeting, deciding after a closed-door session to limit the remedies granted to simple reinstatement.

Under the compromise settlement, the board agreed to grant and Lippman agreed to accept:

ä Back pay totaling $3,401.76;

ä Reinstatement to her previous position without prejudice for the 2008-2009 school year, with the reinstatement in place since the beginning of the year;

The board approved the agreement on a 4-0-1 vote, with trustees Herman Otis Powers Jr., Pat Lehmann, Rolando Aguilar and board president Dr. Enrique Escobedo Jr. voting in favor and trustee Joe Colunga abstaining.

In addition, Lippman agreed to "release and fully discharge" BISD, its board members and employees from further liability in the matter, and that the settlement agreement settles any "existing, pending or yet-to-be filed" claims with the Texas Education Agency.

The district agreed to pay attorney's fees to Lippman's attorney John Shergold.

The two parties also agreed that "neither party is making any admission of guilt or liability."

The original grievance sought reinstatement, back pay, no further retaliation and a letter of apology from transportation director Hector Chirinos, who fired Lippman.

Testimony at the July 15 hearing indicated that Lippman received a citation on April 9 for speeding near the Gladys Porter Zoo on Ringgold Street while transporting a group of pre-kindergarten and 3-year-old students from Garden Park Elementary to the zoo.

The ticket was for travelling 10 mph over the speed limit but was dismissed on May 8, testimony indicated. Nevertheless, Chirinos fired Lippman on April 10.

Shergold contended that Chirinos had retaliated against Lippmann. He said Lippman had filed a report the day before she received the speeding citation that a colleague used profanity in her presence. She also filed a report that her bus needed repairs.

Also, Joe Rodriguez, operations foreman in the transportation department, arrived at the scene while Lippman was receiving the speeding ticket, and the following day Chirinos fired her, Shergold said during the hearing.

Shergold pointed out that the citation was a first offense and was dismissed. Even if deserved, it was not grounds for termination, he said.