The Mercedes Independent School District appointed a law firm last week to investigate complaints made by former superintendent Carolyn Mendiola, her attorney said.
The board named law firm Walsh Gallegos investigator on Dec. 21.
Mendiola was placed on administrative leave in June after her arrest on charges she disputes. Her attorney, John Shergold, said Mendiola claims she was subsequently “constructively discharged” from her position.
“What that means is that she was basically terminated because her work conditions were intolerable,” he said.
A few months ago, Mendiola filed a complaint alleging gender discrimination and violation of the Equal Pay Act of 1963, alleging that she was not being paid at the same rate and was being treated differently than comparable male superintendents both within and outside the district.
In October, Shergold told The Monitor her complaints were being investigated by the district’s administration. Shergold said Wednesday that he had been informed the employee previously conducting the investigation was no longer doing so. He said he was not given any official reasons by the district as to why she left the investigation.
“She filed a complaint in September of this year and it’s been almost three months since she’s done so,” Shergold said. “And we are happy now that someone has taken over the investigation, but justice delayed is justice denied. She has waited now for over three months to have her investigation commence regarding her complaint.”
The Monitor submitted an open records request for any complaints filed by Mendiola this year, any documentation regarding gender discrimination or pay violations and any documents related to the appointment of an investigator.
The district sought an attorney general’s opinion to allow it to withhold that information, saying it expected litigation.
On Dec. 15 the AG’s office issued an opinion, noting that cases conducted in a “quasi-judicial forum” can count as litigation and largely agreeing with the district. The letter notes, however, that “information that has either been obtained from or provided to the opposing parties in the anticipated litigation is not excepted from disclosure,” potentially leaving the door open for some documents to be released through that request.
The district has had a difficult time replacing Mendiola.
Richard Rivera, originally intended to be the longterm interim superintendent, resigned this month after trustees snubbed him for the permanent spot.
Rivera told The Monitor that he had been working for the same salary Mendiola was receiving, which he felt was low.
The district’s board was slated to meet and name a new interim superintendent Tuesday.
