Eagle Pass Independent School District Board of Trustees Fail to Take Action on Former EPHS Principal Vale Moreno Grievance for Wrongful Reassignment, affirming Superintendent’s decision
By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2016
The Eagle Pass Independent School District Board of Trustees held their regular meeting on Tuesday, March 8, 2016, considering former Eagle Pass High School Principal Vale Moreno’s Level III Grievance against Superintendent Gilberto Gonzalez reassignment of him to Ray Darr Elementary School both in Executive Session and Open Session.
EPISD Board of Trustees President Lupita Fuentes read into the minutes and under Agenda Item No. 4 went into Executive or Closed Session to consider the Level III Grievance of Vale Moreno regarding the Superintendent Gilberto Gonzalez’s reassignment of him to Ray Darr Elementary.
After a long Executive Session, the EPISD Board of Trustees returned into Open Session.
Once in Open Session, EPISD School Board President Lupita Fuentes stated that the School Board would take action on Moreno’s Level III Grievance.
“Is there a motion?” asked Fuentes.
No School Board member made any motion on Vale Moreno’s Level III Grievance.
Board President Fuentes stated that the agenda item died due to a lack of motion, failing to take any action. The Board’s lack of action in essence affirms Superintendent Gilberto Gonzalez’s reassignment of Vale Moreno to Ray Darr Elementary at the Level III Grievance procedure.
Board President Fuentes asked Legal Counsel Richard Strieber if he could give an explanation as to the limitations of the School Board under Texas school law.
“Section 11.201 of the Texas Education Code reserves certain duties and responsibilities to the Districts Superintendents throughout the State and some of those duties include administrative authority and responsibility for the assignment , supervision and evaluation of all personnel in the district. The districts contracts do have a provision , providing for assignment and reassignments as does district policy as well. Under the Education code this is the authority of the Superintendent to make this reassignments and assignments,” said Richard Strieber.
EPISD School Board member Ignacio Saucedo asked if he could speak and address the issue.
“I respect the authority granted to the Superintendent by the Texas Education Code. I respectfully disagree with the decision,” said Saucedo. Obviously, Trustee Saucedo does not support Superintendent Gonzalez’s decision to reassign Vale Moreno to Ray Darr Elementary but deferred to the Texas Education Code which gives the Superintendent said authority to reassign Moreno.
EPISD School Board member Dr. Hector Alvarez also addressed the issue stating that he echoed Saucedo’s sentiments. Dr. Alvarez, too, is not pleased with Superintendent Gonzalez’s decision to reassign Moreno from Eagle Pass High School to Ray Darr Elementary.
EPISD School Board Trustee Humberto Torralba, Jr. also stated: “I would like to reflect on [Dr.] Hector [Alvarez’s] comment. We looked into the matter carefully, and I could only say it will reflect on the Superintendent’s evaluation on the final outcome of the decision.” Trustee Torralba statement shows that this reassignment issue will be reflected or noted on Superintendent Gilberto Gonzalez’s evaluation.
The meeting reflected that there are several Trustees who do not support Superintendent Gonzalez’s decision to reassign Vale Moreno from a secondary school to the elementary school. Over 600 Eagle Pass High School students cut school and participated in a democratic protest march in support of their former school principal but their voices fell on deaf ears at the School Board. Many concerned parents of Eagle Pass High School students, faculty, and staff also expressed their displeasure with the controversial decision made by Superintendent Gonzalez. Some stated that there are many highly qualified assistant principals, instructional officers, and teachers who are to become an elementary school principal without having to reassign a successful high school principal, questioning the motives and reasons of such a decision made by Gonzalez.
Fuentes then stated that she could understand the concern and comments that have been made by fellow Trustees and that she wanted for legal counsel to explain the limitations that the School board has on such decisions.
“We want the community as a whole to understand also, that we understand that its a very difficult decision to support the decision that is being made by the Superintendent but we are limited as far as what we can do and that is why I asked on behalf of the Board that Mr. Strieber give an explanation.” said Fuentes.
“The School Board is not allowed to micro-manage the district. There is certain authority reserved to the Superintendent and certain authority to the School Board. This is a responsibility and authority that is reserved to the Superintendent,” said Strieber. Obviously, the EPISD Board followed their probable legal counsel’s advice that they cannot do anything about the situation due to the Texas Education Code, while saving the District a potential lawsuit by Moreno.
A grievance or complaint in accordance to the Texas Association of School Boards is an allowable form of remedy to assist a district and any citizen, employee a forum as required by law to have their grievance heard and addressed.
Federal and State law requires for school districts to have a grievance process in place. That law also requires that districts address all grievances including employee grievances.
Under the United States Constitution Amendment I, XIV it grants all citizens the right to petition government for redress of grievances.
The Texas Constitution under Article I, 27, also grants the citizens the right to assemble for their common good and the right to apply to those invested with the power of government for the redress of grievances. Under this notion a School district must provide parents, students, employees and the general community the opportunity to have their complaints and concerns heard by those in position of authority.
The Texas Government Code Section 617.005 also preserves a public employees the right to present grievances concerning their wages hours of employment, or conditions of work either individually or through a representative that does not claim the right to strike.
A district cannot attempt to eliminate these rights through its employment contracts, Wooden v. Lewis , Tex Comm’r of Educ, Decision No. 071-R3-605 (Aug 13,2007).
Under the Texas Education Code Section 11.1513 (i) a school districts employment policy must permit each employee to present grievances to the Board.
A Grievance process is set in place with the intent to attempt in finding a resolution to complaints either at a low level before disputes further evolve and become lawsuits.
Vale Moreno still has several legal options available to him regarding the School Board’s denial of his Level III Grievance. This controversial decision made by Superintendent Gilberto Gonzalez may well end in litigation in a state or federal court, depending on Moreno’s exercise of his legal rights.
Meanwhile, the Eagle Pass High School students, parents, faculty, staff, and community remain displeased with Superintendent Gonzalez’s reassignment decision and the School Board’s lack of action on the issue.
