Harlingen CISD fights to keep assistant superintendent’s resignation letter secret

McALLEN, Texas (ValleyCentral) — The Harlingen Consolidated Independent School District is refusing to release a resignation letter submitted by an assistant superintendent who admitted that he “did not perform his job well” and “was not a good steward of the HCISD funds.”

In August, when Harlingen CISD discovered major financial problems, Assistant Superintendent Ramon Mendoza abruptly resigned.

Mendoza submitted a resignation letter to Harlingen CISD that stated he “did not perform his job well” and “was not a good steward of the HCISD funds.” Harlingen CISD, however, allowed Mendoza to rescind his resignation — and remain the assistant superintendent for Business Operations.

“A decision was made to ensure continuity in the Business Office,” according to a statement Harlingen CISD released in October, “and to ensure fiscal responsibility in support of the District.”

Harlingen CISD Assistant Superintendent of Business Operations Ramon Mendoza. (Photo courtesy of Harlingen CISD.)

Mendoza didn’t respond to requests for comment. Harlingen CISD declined to comment.

Former Superintendent J.A. Gonzalez, though, provided a detailed statement to CBS 4 News about the incident.

“On Monday, August 26th, during our first Finance Committee Workshop, I noticed that Mr. Mendoza appeared visibly uncomfortable when questioned about the fund balance by Trustee Nolan Perez. Following the meeting, I asked Mr. Mendoza to provide the exact fund balance total. Later that evening, while I was with Veronica Kortan, Mr. Mendoza confessed to both of us that the fund balance situation was his responsibility and indicated that he intended to resign immediately,” Gonzalez said in the statement. “I advised him not to make a hasty decision and suggested we work together to find solutions moving forward. Between 5:31 p.m. and 10:05 p.m. that evening, Mr. Mendoza resigned. At 10:22 p.m., I was informed by Ms. Kortan that Mr. Mendoza had submitted his resignation to HR via email. I immediately notified Board President Greg Powers, who directed me to convince Mr. Mendoza to rescind his resignation, as the optics could negatively impact the district. After considerable effort, I was able to persuade Mr. Mendoza to retract his resignation, as reflected in the text thread at 10:43 p.m., where he confirms by stating, ‘just sent.’”

Harlingen CISD is fighting to keep all documents related to Mendoza’s resignation under wraps.

CBS 4 News filed a public information request for Mendoza’s resignation letter and other documents in October.

“The requested information includes the CFO’s resignation letter where he stated that he, ‘did not perform his job well … and was not a good steward of the HCISD funds,’” according to a letter that Kayla G. Treviño, an attorney who represents Harlingen CISD, sent to Texas Attorney General Ken Paxton on Nov. 4. “The requested information also includes an e-mail the CFO sent to the former Superintendent the next day informing him that he, ‘ … would like to rescind my letter of resignation. I would like to use FMLA. For immediate family issues.’”

FMLA is an acronym for the Family and Medical Leave Act, a federal law that allows people to take unpaid time off under certain circumstances.

“Such private information about a person’s private affairs and conduct is both highly intimate and embarrassing, especially concerning the CFO’s mistakes,” according to the letter. “A reasonable person would object to the publication of such highly intimate and embarrassing information since the information details the reasons for the CFO’s resignation and his decision to rescind that resignation to take leave pursuant to the FMLA to take care of ‘immediate family issues.’”

A public employee’s resignation letter is subject to release under the Texas Public Information Act.

The law includes an exception for “highly intimate or embarrassing facts, the publication of which would be highly objectionable to a reasonable person” if the information “is not of legitimate concern to the public.”

If the documents actually contain detailed information about Mendoza’s family or medical conditions, that information could be withheld, said attorney Joseph R. Larsen of Houston, an expert on the Public Information Act.

“As far as not performing his job well: Are you kidding me? Is this some kind of a joke?” Larsen said. “Obviously, his capacity, his performance, is of legitimate public interest.”

Even if the Attorney General’s Office accepts that Mendoza’s resignation letter is embarrassing, Harlingen CISD must still prove the resignation letter — which discusses how Mendoza managed public money — is not of legitimate concern to the public.

“They’ve disclosed, by the very facts of their argument, that it’s of legitimate public interest,” Larsen said.