Agenda Items for tonight's Brownsville Independent School District board meeting:
Closed meeting: a. Discussion regarding petition to remove Dr. Sylvia P. Atkinson from the Brownsville Independent School District Board of Trustees.
Board action on agenda items discussed in Executive Session.
By Juan Montoya
Things are moving quickly.
Just last Wednesday, Cameron County District Attorney Luis V. Saenz filed a peition with the 107th District Coutyt to have Brownsvilel Indpendent School Dsitrict trustee Dr. Sylvia Atkinson removed pending the outcome of her trial on eight federal felonies.
Saenz said he eaited for a resident of the district to file a petition and when that didn't happen, decided to file it himself.
Today, the members of the BISD board will meet in execuive session to discuss that peition.Ater they emerge from closed session they will determine what "action" they might – or not – to take.
![Image result for luis v. saenz]()
So far the DA's Office is hitting 1.000.
This is the third petition for removal filed against school board members.
Before, the DA had moved to remove San Benito ISD board president Michael Vargas and BISD district member Erasmo Castro. Vargas was removed by a visiting judge and Castro resigned before the removal action concluded. Bothe were charged with DWI, a Class B misdemeanor under the State of Texas.
In each case, a district resident who is currently not under indictment can file the petition for removal and the DA must represent them in the removal action.
At the time, the online public portal did not give access to discern who the petitioners were, but Saenz said he had filed it himslef because no one came forward to do it.
"Because no citizen came forward, I filed it myslef," he told the media.
Many wondered at the incongruity where two board members charged with misdemeanor offenses had been removed by petition while Atkinson, who is facing eight federal felonies, had not had a removal petition filed against her.
![Image result for dr. sylvia atkinson]()
According to the Government Code, a member of a board of trustees may be removed for official misconduct, that is, intentional unlawful behavior relating to official duties by an officer entrusted with the administration of justice or the execution of the law. This term includes an intentional or corrupt failure, refusal, or neglect of an officer to perform a duty imposed (on her) by law.
A federal grand jury indicted Atkinson on Dec. 11, 2019 for one charge of conspiracy, one count of bribery concerning programs receiving federal funds, five counts of bribery, and one count of Travel Act-State Law Bribery, the federal equivalent of the RICO (Racketeer Influenced and Corrupt Organizations) Act.
The indictment is now in federal court and has been assigned to Judge Fernando Rodriguez Jr.
The government alleges Atkinson participated in "a long-running criminal scheme to solicit bribes from vendors seeking to obtain contracts with BISD and Rio Hondo ISD. The contracts would provide various goods and services to school districts, including computer tablets, medical teleconferencing services and tutorial services, according to the indictment.
"Atkinson also allegedly solicited and received a $10,000 bribe from an undercover agent related to a film crew's potential use of BISD facilities for filming a purported Hollywood movie."
In the petition for removal, state prosecutors say that in soliciting and accepting bribes from vendors, Atkinson committed official misconduct and that it justifies her removal under chapter 87 of the Local Government Code.
The petition charges that Atkinson also committed Penal Code official misconduct in "exercising discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions...when she solicited, accepted, or agreed to accept any benefit from a person the public servant knows is interested or is likely to be interested in any contract, purchase, payment, claim, or transaction involving the exercise of (her) discretion."
The petition for removal states that Atkinson did not file a conflict of interest disclosure statement with the records administrator or board secretary as required by law.
"In accepting a gift greater than $100 or earning money greater than $2,500 from an actor seeking to enter into an agreement with BISD, (she) violated Chapter 87 and should be removed." the petition states.
The presiding judge – Visiting Judge Manuel Bañales – may suspend an elected official pending the outcome of the action, the motion states. He could also appoint her replacement.
"As conditions of her bond (in federal court) (Atkinson) has been instructed not to engage in any business with the BISD and/or on behalf of the BISD," the motion states.
If Atkinson resigns, the removal action becomes moot and the BISD board can choose a replacement for Atkinson. However, tonight's discussion and "possible action" does not include namung a replacement pending the removal action in his court.
Closed meeting: a. Discussion regarding petition to remove Dr. Sylvia P. Atkinson from the Brownsville Independent School District Board of Trustees.
Board action on agenda items discussed in Executive Session.
By Juan Montoya
Things are moving quickly.
Just last Wednesday, Cameron County District Attorney Luis V. Saenz filed a peition with the 107th District Coutyt to have Brownsvilel Indpendent School Dsitrict trustee Dr. Sylvia Atkinson removed pending the outcome of her trial on eight federal felonies.
Saenz said he eaited for a resident of the district to file a petition and when that didn't happen, decided to file it himself.
Today, the members of the BISD board will meet in execuive session to discuss that peition.Ater they emerge from closed session they will determine what "action" they might – or not – to take.
So far the DA's Office is hitting 1.000.
This is the third petition for removal filed against school board members.
Before, the DA had moved to remove San Benito ISD board president Michael Vargas and BISD district member Erasmo Castro. Vargas was removed by a visiting judge and Castro resigned before the removal action concluded. Bothe were charged with DWI, a Class B misdemeanor under the State of Texas.
In each case, a district resident who is currently not under indictment can file the petition for removal and the DA must represent them in the removal action.
At the time, the online public portal did not give access to discern who the petitioners were, but Saenz said he had filed it himslef because no one came forward to do it.
"Because no citizen came forward, I filed it myslef," he told the media.
Many wondered at the incongruity where two board members charged with misdemeanor offenses had been removed by petition while Atkinson, who is facing eight federal felonies, had not had a removal petition filed against her.
According to the Government Code, a member of a board of trustees may be removed for official misconduct, that is, intentional unlawful behavior relating to official duties by an officer entrusted with the administration of justice or the execution of the law. This term includes an intentional or corrupt failure, refusal, or neglect of an officer to perform a duty imposed (on her) by law.
A federal grand jury indicted Atkinson on Dec. 11, 2019 for one charge of conspiracy, one count of bribery concerning programs receiving federal funds, five counts of bribery, and one count of Travel Act-State Law Bribery, the federal equivalent of the RICO (Racketeer Influenced and Corrupt Organizations) Act.
The indictment is now in federal court and has been assigned to Judge Fernando Rodriguez Jr.
The government alleges Atkinson participated in "a long-running criminal scheme to solicit bribes from vendors seeking to obtain contracts with BISD and Rio Hondo ISD. The contracts would provide various goods and services to school districts, including computer tablets, medical teleconferencing services and tutorial services, according to the indictment.
"Atkinson also allegedly solicited and received a $10,000 bribe from an undercover agent related to a film crew's potential use of BISD facilities for filming a purported Hollywood movie."
In the petition for removal, state prosecutors say that in soliciting and accepting bribes from vendors, Atkinson committed official misconduct and that it justifies her removal under chapter 87 of the Local Government Code.
The petition charges that Atkinson also committed Penal Code official misconduct in "exercising discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions...when she solicited, accepted, or agreed to accept any benefit from a person the public servant knows is interested or is likely to be interested in any contract, purchase, payment, claim, or transaction involving the exercise of (her) discretion."
The petition for removal states that Atkinson did not file a conflict of interest disclosure statement with the records administrator or board secretary as required by law.
"In accepting a gift greater than $100 or earning money greater than $2,500 from an actor seeking to enter into an agreement with BISD, (she) violated Chapter 87 and should be removed." the petition states.
The presiding judge – Visiting Judge Manuel Bañales – may suspend an elected official pending the outcome of the action, the motion states. He could also appoint her replacement.
"As conditions of her bond (in federal court) (Atkinson) has been instructed not to engage in any business with the BISD and/or on behalf of the BISD," the motion states.
If Atkinson resigns, the removal action becomes moot and the BISD board can choose a replacement for Atkinson. However, tonight's discussion and "possible action" does not include namung a replacement pending the removal action in his court.