San Benito school board mulls investigation into ‘possible’ violations of state gov’t code

SAN BENITO — The school board here is considering an “investigation” into a $223,800, 10-month forensic audit’s findings of “possible” violations of the state’s government code.

In a meeting Tuesday, the agenda calls for “discussion, consideration and possible action regarding findings in forensic audit and possible measures and action related to same.”

“We are simply clarifying the audit findings and ensuring our community understands the implications,” board President Ramiro Moreno stated Friday. “As to moving forward with an investigation connected to violations of Texas law, if one is warranted, I have simply stated I would support it as would other members of the board and our many concerned citizens.”

Meanwhile, board member Ariel Cruz questioned the call for a possible investigation.

“I don’t know what kind of further investigation they want to look into,” she said. “The audit basically told us what we already knew. Did we need to have the audit to know this? Personally, I would like to take the findings of the forensic audit, implement the best practices that were suggested and work to move the district forward.”

‘FAR FROM OVER’

On Oct. 2, Moreno issued a statement in response to the Valley Morning Star’s coverage of the audit.

RELATED: Long-awaited forensic audit finds no legal violations for San Benito school district | MyRGV.com

“In response to your article dated Oct. 2, 2022, the SBCISD Board of Trustees, out of concern for our students and taxpayers, will continue to press forward on possible violations of Texas law as delineated in the forensic audit findings.”

The next day, Moreno sent a text message referring to an “investigation” while describing the project manager overseeing a $40 million bond-funded construction project “questionable.”

“I was convinced that you all would want to disclose facts and not opinions, especially those made by a questionable project manager,” Moreno wrote, referring to the Star’s Oct. 2 story on the forensic audit. “No worries, as you’ll soon see this investigation is far from over.”

Last week, the board members held their finance and building committee meetings, focusing on the bond project.

RESPONSE

In his response to the Star’s Oct. 2 story based on the audit’s findings, Moreno wrote, “you assert there were no legal ramifications due to the audit conducted at SBCISD.”

“On multiple occasions, the auditor indicated there was a possible violation of Texas government code,” Moreno wrote. “That means a violation of the Texas law.”

However, the Star noted the auditors cited several “possible violations of Texas government code.”

In the story, Joseph Palacios, president of the Brighton Group, the Edinburg-based firm serving as project manager, said the auditors found no violations of criminal law.

Meanwhile, former Superintendent Nate Carman “vehemently denied” the audit found any grounds for a criminal investigation.

RELATED: San Benito school district releases forensic audit | MyRGV.com

QUESTIONING AUTHORITY

On Friday, board member Orlando Lopez questioned whether Moreno had the authority to issue the audit’s response on behalf of the entire school board.

“He’s speaking on behalf of the board,” Lopez said. “There’s a potential board violation.”

In response, Moreno stated, “In the San Benito CISD board operating procedures under communications it clearly states: The board president and superintendent are the official spokespersons of the board.”

Late last month, the Fort Worth-based firm of Weaver and Tidwell released its audit, aiming much of its focus on the $40 million bond-funded construction project, which led auditors to raise questions.

The audit also focused on credit card expenditures, purchasing and procurement practices, federal funds and grants, payments to vendors and contractors for construction projects and facilities along with payments to consultants and professional services firms from Sept. 1, 2016 to Aug. 31, 2021.