Brownsville ISD board censures trustee Carlos Elizondo in split vote

In this undated file photo, Carlos Elizondo is seen with his attorney Eddie Lucio at the Cameron County Courthouse. (Brownsville Herald Photo)
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On a split vote, the Brownsville Independent School District Board of Trustees has censured Trustee Carlos Elizondo for comments he made during a Sept. 22 meeting during an exchange with board President Jessica G. Gonzalez.

During that meeting, the board heard insurance presentations from five finalists and named United Healthcare as the third-party administrator for the district’s $54 million self-funded health insurance plan. It authorized administration to negotiate a contract.

During the meeting, an interchange occurred between Elizondo and Gonzalez. Elizondo has claimed that the board’s insurance consultant Roger Garza lied to the board about the information the 14 original bidders for the contract received.

After those allegations surfaced, the insurance committee adjourned and the five finalists presented their proposals at the Sept. 22 meeting.

Then, at the board’s regular monthly meeting Tuesday, members voted 4-3 to censure Elizondo. The motion was listed as a reprimand on the meeting’s agenda, but the resolution that was read during the meeting used the term censure several times.

Gonzalez said she placed the item on the agenda “due to the unfortunate disruptive behavior of my colleague Mr. Elizondo at the Sept. 22 meeting. This is a government entity and we must follow decorum. Mr. Elizondo refused to follow direction from me as board president. He was talking over me encouraging another colleague to break the rules. He told me, and I quote, ‘be quiet’ unquote, and later and I quote ‘don’t ever interrupt me again’ end quote,” Gonzalez said at the meeting.

“The irony in all of this is Mr. Elizondo also stated that as board president that my only job was to run a meeting, which was exactly what I was trying to do,” she added.

“There is board policy for everything, and it is important we as elected officials set the highest bar for our students, our staff, and their families, but we must set the example. …We set the bar and it’s up to us where it stands. So I’m making the motion to censure Mr. Elizondo for his outburst during the last meeting and I am also recommending the superintendent schedule a team building training and governance training for us to ensure this doesn’t happen again.”

The board’s attorney, Nick Mattox, then read the resolution, which makes reference to board policy BBF Local concerning board member conduct and Texas penal code section 42.05.

Newly elected Brownsville Independent School District (BISD) Board of Trustee Carlos Elizondo takes the oath of office during a BISD swearing in ceremony Thursday, Nov. 17, 2022, inside the Central Administration Building (CAB) Cafeteria in Brownsville, Texas. (Miguel Roberts/The Brownsville Herald via AP)

The resolution reads that the board censures Elizondo for his misconduct, expressing severe disapproval of his actions, which failed to meet the standards expected of a board member.

It also directs Elizondo to comply with board operating procedure and to speak constructively in board meetings in pursuit of the betterment of BISD.

Board member Minerva Pena then says she’s “just heartbroken that we’re adults and we have to do this to each other, when I apologized that day for our conduct and I was asked by our colleagues including Dr. (Rene) Gutierrez to apologize for our conduct and then we come and we do this. It breaks my heart. It was unnecessary. It is wrong and if anybody votes yes for this I hope you enjoyed your last time ever serving the community.”

“I strongly agree with Ms. Pena,” Board Member Frank Ortiz then says. “There’s no need for this. We discussed it in executive and then we came out and a statement was made on behalf of the board and that should have been it. … I don’t know why we have to do this. I think it’s uncalled for and I think it’s a black eye for the district.”

Elizondo then asks if there’s a specific board policy that specifies a reprimand. Mattox states that a board member can be reprimanded for failing to comply with Roberts Rules of Order.

“We’re here to work together. We apologized at the last meeting and we meant it. I sincerely did. I really did, and work hard to make a difference and now we’ve got this on the table? It’s like we want to go back and keep this going. We signed up to serve and be respectful and look out for each other and that’s all I ask that we do,” Pena says.

The vote was 4-3 in favor of the resolution and to direct Gutierrez to set up the board trainings.

Gonzalez and board members Eddie Garcia, Daniella Lopez Valdez and Denise Garza voted in favor. Ortiz, Pena and Elizondo voted against.

Later, Elizondo said via text that he would file a complaint with the Texas Education Agency stating that the resolution was not properly referenced on the agenda as a censure and therefore violated the Texas Open Meetings Act.