Corpus Christi Caller Times Caller.com - Court to hold half of Salazar buyout

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Thursday, May 24, 2001
Court to hold half of Salazar buyout
Judge orders investigators to report to him in writing
By Neal Falgoust
Caller-Times

Michelle Christenson/Caller-Times

Former West Oso superintendent Minerva Salazar waits for court proceedings to continue during a recess on Wednesday.

   A Nueces County judge ordered former West Oso school superintendent Minerva Salazar to put $250,000 she received from a contract settlement into a court trust and ordered the school district not to make any more payments to Salazar.
   Judge Jose Longoria of the 214th District Court, said Wednesday that he was looking out for the best interests of residents by preventing Salazar from spending the money. He also ordered the district attorney's office and sheriff's investigators to step up their investigation into the district's financial dealings and to report their findings to him in writing. He said the results of the investigation would be used to determine if the settlement was legal. Longoria said other avenues of investigation proposed by residents should not be pursued.
   "I am in no way suggesting a court of inquiry," he said.
   The ruling came after two days of testimony in which school board members, the district's former attorney and Salazar testified to the series of events leading up to a May 7 meeting at which the board agreed to buy four years of Salazar's contract. Under the settlement, Salazar was to resign and agree not to sue members of the board or the district. The settlement - which included payments totaling $500,000, medical coverage until 2003, coverage of legal fees and annuities - was worth more than $600,000.
   Salazar received a $250,000 payment from the district on May 8. But that same day Diana Cantu-Guerrero, a West Oso resident, and Frank Gallardo, a former school board president, filed a request for an injunction ordering Salazar not to spend the money. Longoria granted the request that same evening. His ruling Wednesday upholds that restraining order.
   "I am ordering Ms. Salazar to place that money into the registry of the court," he said after the ruling. "We're just safe keeping it until such time as this matter is resolved."
   Case isn't closed
   Attorney Tony Canales, who represented Salazar, said the case was not closed.
   "I plan to appeal this issue," he said.
   Longoria ordered witnesses not to discuss the case outside the courtroom, but former board president Liz Gutierrez said the judge's ruling was fair.
   Doris Fillmore, a resident of the district, said she was pleased.
   "I thought it was a fair ruling," Fillmore said. "It's better for her not to go off and that money be used for something else."
   If nothing else, the two days of testimony could provide a useful guide for investigators looking into the settlement of Salazar's contract. As part of his ruling, Longoria asked investigators to expedite their inquiry and to report to him in writing.
   Valdez, Olivarez to meet
   Sheriff Larry Olivarez said his office had been monitoring the proceedings. He said he would meet with District Attorney Carlos Valdez today to request subpoenas for tapes and minutes of the school board meetings. Those items were entered as evidence during the hearing and were the focus of much of the testimony.
   Olivarez said there is no timetable for the investigation other than to complete it as soon as possible.
   "We have not been able to determine if there's a criminal offense or not," Olivarez said.
   Much of the hearing focused on whether the agenda posted for the May 7 meeting gave sufficient notice as to the expected actions of the board that night. Under state law, school boards must notify the public of the topics to be discussed during the meetings.
   Agenda questioned
   Attorney Rene C. Flores, who represented residents of the district, argued that the agenda was too vague and that the board broke the law when it approved the settlement with Salazar.
   "Nobody knew the buyout was going to be discussed," he said.
   School district lawyer Joe De Los Santos said the posting provided sufficient notice to anyone who was interested in the superintendent's contract. He said there was no way for the board to know the outcome of the discussion.
   "The Open Meeting's Act doesn't require you to post the consequences," he said. "It doesn't require you to be perfect."
   Several members of the board gave testimony that supported Flores' claims.
   Board president Alma Ramirez said she did not know about the proposed buyout until she arrived at the meeting that night. She said she later voted against the settlement because the board had kicked its attorney out of a closed-door meeting during which the settlement was negotiated.
   "We did not have legal counsel to advise us," she said. "I didn't feel like we had to give out that money to the superintendent. She had resigned voluntarily."
   Salazar's motives
   Salazar's testimony showed that she might have known the possible outcome of the meeting. Several days before the scheduled meeting, she met with Gutierrez to draw up the agenda.
   She said she asked that an item be placed on the notice allowing the board to meet in closed session to discuss her performance, evaluation and contract. She said she thought the board had breached the contract by not protecting her from threats.
   Flores questioned Salazar's motives for helping draw up the agenda, asking whether she expected some kind of monetary settlement would be discussed.
   "In my opinion, yes," Salazar said. "I agreed to resign in exchange for them buying out the contract."
   Board members unaware
   But when the meeting rolled around, several board members were not aware that they were about to discuss a buyout.
   Board member Irma Perez said she was in the dark as to what was going to happen that night.
   "I didn't know the superintendent's contract was going to be bought out," she said.
   Even though the posted agenda item said Salazar's performance and evaluation were going to be discussed, the only thing the board considered was a settlement.
   "The only thing discussed about the contract was a buyout," she said.



Staff writer Mary Moreno contributed to this article. Contact Neal Falgoust at 886-4334 or falgoustn@caller.com

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