SAN BENITO — An outside law firm will respond to allegations under review by the Texas Education Agency claiming the school board’s majority held discussions with a lawyer before his appointment to the position of school attorney.
Earlier this week, school board members unanimously appointed the law firm of Langley & Banack in San Antonio to respond to allegations former board member Janie Silva presented to the TEA.
After an hour-long closed-door meeting, school attorney Steven Weller said he recommended the board appoint an outside attorney to respond to the allegations.
During discussions, Superintendent Nate Carmen questioned board member Janie Lopez’s motion requesting the board appoint the law firm which would contact Weller regarding its response to the allegations.
“You stated general counsel should participate in development of this response — Mr. Weller — even though he’s named as a party in this complaint,” Carman told Lopez during Tuesday night’s meeting.
In response, Weller told board members he would serve as the district’s “point of contact” as the law firm responds to the TEA’s review of the allegations.
“It would be normal for the attorney to be the point of contact with the investigative agency,” Weller told board members.
On Wednesday, Lopez stated the outside law firm would also work with Carman and board members.
“The district hired an independent counsel that will review and evaluate the allegations of the complaint,” she stated. “The independent attorney will work with the district administration and board members.”
Meanwhile, board member Ariel Cruz stood behind the board’s unanimous vote to appoint the San Antonio law firm.
“It’s good to have an outside person not involved in the complaint to look into it,” she said, adding, “It’s going to cost the district more, so that’s a little unfortunate.”
Board member Orlando Lopez, the board’s past president, said the allegations surround board President Ramiro Moreno’s email, which contained a district vendor’s contract, to Weller before the board appointed him school attorney in May.
In the email in which he carbon-copied Janie Lopez, Moreno requested Weller evaluate the district’s contract with the vendor, Orlando Lopez said, adding Weller replied to the email.
“My concern is we would be divulging school information with someone not employed with the district,” board member Rudy Corona said Wednesday.
Cruz said she also questioned Moreno’s decision to email Weller the district vendor’s contract before he took the job of school attorney.
In May, board members voted 4-3 to hire Weller and fire longtime school attorney Tony Torres.
Weller, an attorney with the Austin firm of Bickerstaff, Heath, Delgado Acosta, which runs an Edinburg office, charges a rate of $250 an hour while Torres, an Edinburg attorney, was charging $200 an hour.
In an Oct. 11 letter to Silva, Naomi Roach, manager of the TEA’s Governance and Accountability Division’s Jurisdiction Review Unit, wrote the allegations were under review.
In a TEA general complaint form, Janie Silva accused Moreno, Janie Lopez and board members Oscar Medrano and Mario Silva of three Open Meetings Act violations.
The complaint alleges the four board members discussed with Weller “the hiring of his law firm” prior to a meeting, adding the alleged discussion was held on May 18, 2021.
The complaint also claims the four board members “reportedly attended a dinner with (an insurance agent) and discussed hiring his agency as the agent of record” on June 16, 2021, adding the complaint included an attachment regarding “large campaign contributions.”
The complaint also claims, “Following a dinner with attorney Steven Weller, (the four board members) allegedly discussed putting an agenda item on the June 22, 2021, special school board meeting to have the superintendent negotiate terms of an agreement with the law firm.”
The complaint also alleges a violation of the Texas Public Information Act: “A request was submitted for all communication between current and previous board trustees … regarding a dinner with two former and one current trustee with Mr. Weller not reported.”
On Wednesday, Moreno, Silva and Weller did not respond to requests for comment while Medrano could not be reached for comment.
