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AS BISD BOARD-SUPER SHOWDOWN DRAWS NEAR, A ROADMAP

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By Juan Montoya

By all accounts, there is already a majority on the board of trustees of the Brownsville Independent School District to suspend Superintendent Dr. Esperanza Zendejas with pay until lawyers investigate her for cause and draw up a bill of particulars to justify further action possibly leading to termination.

The board members are keeping mum about their vote on the agenda time Friday that reads: VIII. Discussion, consideration, and possible action on separation, administrative leave or suspension of Superintendent. The meeting is scheduled for 5:30 p.m. Friday at the district main office at 1900 Price Road.

(Trustee Erasmo Castro, in his social media pages, has favored commenters voicing their opinions against suspending Zendejas. Castro, ironically, was a staunch critic of the superintendent before his election in Novmeber)

El Rrun-Rrun has learned that Zendejas has already been approached twice by board general counsel Baltazar Salazar and offered settlements that would preclude any recourse to the state or federal courts as was the case in the termination of Texas Southmost College's president Lily Tercero.

In Tercero's case, most likely to be appealed, a federal jury awarded her some $13 million in back pay and damages.

That, say BISD sources, is not likely to happen in Zendejas' case.

"There is no way that the board is going to pay her the full terms of her contract extension," said a source close to the negotiations. "They think they have justifications to end her employment without having to buy it out."

As is usually the case, Zendejas' fate was cast by the results of the last election when three of her majority – Cesar lopez, Joe Rodriguez and Carlos Elizondo – left the board. Lopez did not seek reelection and both Rodriguez and Elizondo were defeated in the election.

Zendejas was the BISD's chief executive from 1992-1995.Her most recent tenure began with her appointment as interim in February 2015. She was then named superintendent in June. She was the BISD's chief executive from 1992-1995.

Her 2015 contract was signed July 1 and amended on August 2016 to end June 30, 2020. On October 2, 2018 – about a month before the BISD November elections – the majority, including Cesar Lopez, who did not run for reelection, and Carlos Elizondo and Joe Rodriguez, who lost their races, were joined by trustee Laura Perez-Reyes to extend it until June 30, 2021.

Under the terms of the contract, Zendejas earned $275 for 2016-2017, $285,000 for 2017-2018, $295.000 for 2018-2019, and $305,000 for 2020-20121. Additionally, she rceived a $7,500 auto allowance.

How much Zendejas will settle for to leave peacefully if at the end of the complex termination process if the findings go against her is the bone of contention. The majority obviously thinks that there is enough cause there to let her go and are willing to pay her at least one year's salary to depart. Under state rules, if the district pays her more than one year's salary, a similar amount will be levied against the district.

Now new trustee Castro is advocating in socail media that the board not suspend or terminate Zendejas arguing that "the people" are not in favor of that move because of the potential payout. But reached by text, Erasmo claims he has not decided which way he will go on Friday and denied that he has pressured anyone – including Perez-Reyes on how to vote.

"I will never pressure anyone one way to vote way or the other," he said.

Why Perez-Reyes? Sources close to the board say it was her vote that gave Rodriguez, Lopez and Elizondo the necessary majority to extend it and that now, a little over three months later, she feels it would look inconsistent for her to vote to suspend her.

But, just as Castro, if she goes against a majority vote to suspend, she might find herself in a tough two years of being in the minority with little say-so in district matters or other issues in which they may have a personal interest.

"On the other hand," suggested a BISD administrator, "if Castro and Laura abstain from voting, the result would be the same. Otherwise it would be a rough two years for her and a long four for Erasmo."

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