Fiduciary Responsibility: A legal obligation of one party to act in the best interest of another. The obligated party is typically a fiduciary, that is, someone entrusted with the care of money or property. Also called fiduciary obligation. Misuse of official information is a violation of that responsibility.
By Juan Montoya
Tercero said renewed the policy when she was informed it was set to expire in two weeks. By that point, there was not enough time to go out for bids, her attorney Richard A. Illmer said, saying her termination was “without good cause and in violation of her right to due process.”
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Garcia and Art Rendon voted against the motion for dismissal, while Chairwoman Adela Garza, Vice Chairman Trey Mendez, and Trustees Ruben Herrera, Ramon Champion Hinojosa (since passed), and Tony Zavaleta voted for dismissal.
A federal judge threw out three of her complaints against TSC, but said a jury should decide on another six issues contained in her lawsuit.
Tercero’s employment contract was set to expire May 1, 2019. She received an annual base salary of $228,228, according to the lawsuit.
Tercero is requesting her salary, compensatory damages and punitive damages in an amount to be determined at trial, an award of reasonable attorney fees and costs, and an order to direct the board to open their illegally closed deliberations. If she prevails, that could easily amount to millions TSC and its insurers will have to pay.
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As the case wends its way through federal court, Tercero and the trustees had to go through depositions by the opposing counsel. In the Tercero deposition, she was asked whether she knew of the report on the windstorm insurance renewal that was presented to the board members in executive session.
And let's not forget that it was Garcia who petitioned TSC's accrediting agency to review its accreditation over Tercero's firing. That was after the college and Tercero spent the better part of three years and untold treasure to regain it after the UTB-TSC separation that proved disastrous to the college. If that had happened, it would have affected the education of more than 5,000 students who ran the danger of attending an unaccredited institution.
And Garcia did this all for the sake of Lily?
Someone close to Texas Southmost College trustee Dr. Rey Garcia, D.D.S. (retired), should tell him that as someone the people elected to the board of the community college back in 2012 he was entrusted by the voters to protect the property and interests of that institution.
Why do we say that?
TSC is currently embroiled in a lawsuit in federal court where former president Lily Tercero on May 2016 sued TSC for unlawful termination. She was terminated for at least nine reasons, including her renewal of the windstorm insurance policy without board approval that exceeded $1 million in costs for the coverage.
Garcia and Art Rendon voted against the motion for dismissal, while Chairwoman Adela Garza, Vice Chairman Trey Mendez, and Trustees Ruben Herrera, Ramon Champion Hinojosa (since passed), and Tony Zavaleta voted for dismissal.A federal judge threw out three of her complaints against TSC, but said a jury should decide on another six issues contained in her lawsuit.
Tercero’s employment contract was set to expire May 1, 2019. She received an annual base salary of $228,228, according to the lawsuit.
Tercero is requesting her salary, compensatory damages and punitive damages in an amount to be determined at trial, an award of reasonable attorney fees and costs, and an order to direct the board to open their illegally closed deliberations. If she prevails, that could easily amount to millions TSC and its insurers will have to pay.
As the case wends its way through federal court, Tercero and the trustees had to go through depositions by the opposing counsel. In the Tercero deposition, she was asked whether she knew of the report on the windstorm insurance renewal that was presented to the board members in executive session.TSC's attorneys asked Tercero whether she had seen a copy of the confidential report.
"Yes," she answered."
"Who gave it to you?," she was asked.
"A board member," she answered.
"And what board member was that?," the lawyers asked.
"Dr. Rey Garcia,"" she answered.
Garcia – whose fiduciary (that word again) duties include protecting the college's assets and keeping information that might harm the TSC's interests confidential – has betrayed that responsibility by releasing information to an adversary.
And let's not forget that it was Garcia who petitioned TSC's accrediting agency to review its accreditation over Tercero's firing. That was after the college and Tercero spent the better part of three years and untold treasure to regain it after the UTB-TSC separation that proved disastrous to the college. If that had happened, it would have affected the education of more than 5,000 students who ran the danger of attending an unaccredited institution.
And Garcia did this all for the sake of Lily?
He is now asking TSC voters to reelect him in the runoff against J.J. De Leon Saturday. From where we stand, anyone would be an improvement over Garcia, whose loyalties obviously lie somewhere else than for our community college.
With early voting over, it will be up to the election day vote this Saturday to determine who will occupy Place 6 on the TSC board. The choice – to us – seems pretty clear: Anyone but Garcia.
With early voting over, it will be up to the election day vote this Saturday to determine who will occupy Place 6 on the TSC board. The choice – to us – seems pretty clear: Anyone but Garcia.