McAllen ISD whistleblower suspended after filing complaint

Almost all PIRs sent to AG

— Following up on a story published in The Advance News Journal last week, McAllen ISD is forwarding most, if not all, of the eight public information requests we submitted to the district Dec. 6 to the Office of the Texas Attorney General, seeking a legal opinion, which can take up to 45 days to comply.

The Advance is seeking copies of complaints and/or grievances filed against the school communications director, Jake Berry, alleging sexual harassment. Not even sure they existed until The Advance got a letter from the school’s legal counsel saying that it was seeking an opinion from the AG as to whether or not they are subject to public disclosure.

Like anything else, though, everyone has a story to tell. Berry wants to tell his side of the story he told The Monitor (Dec. 17th), but has to wait until his attorney gives him the go-ahead.

His friend, Tony Forina, who also happens to be school board president, said in the same Monitor story that he had been named in a complaint that has sparked an active investigation, (apparently against Berry). He (Forina) said he had done nothing wrong.

In the meantime, one of the school-related trips we mentioned in last week’s story, allegedly tied to at least one of the complaints, happened in November. Actually, the trip during which unsubstantiated allegations of professional misconduct occurred was actually tied to a September fishing tournament, which was the initial brainchild of the McAllen Education Foundation, for which it was originally named. Four years ago, though, it was re-named the “Superintendent’s ‘Fishing for kids’ Tournament,” funded by generous sponsors, now stamped with the superintendent’s brand.

Whistleblower Suspended In the mix of all of this, allegedly, is a female “whistleblower” of sorts who filed a sexual harassment complaint( s) against Berry. Not for her own sake, but apparently based on what she saw going on inside the department. Then, allegedly, based solely on background information collected from people supposedly in the know, a younger woman working in the same department (communications) under Jake Berry filed a complaint against the whistleblower, and now she has been suspended. If the two things for which she has allegedly been suspended prove true, trivial matters while off the clock, then it seems that the school district may indeed have concerns related to future litigation.

What a mess.

The gossip on the street about what’s going on at McAllen ISD with regard to some of its employees, Superintendent J. A. Gonzalez, and the alleged complaints recently filed with HR definitely required filing multiple public information requests with the district. Is the stuff being talked about really gossip or the truth? Are there skirt chasers on campus among the professional ranks, and whose skirts are being chased?

To get the answer to that, one needs documentation, which will at least shed some light on the allegations, almost all of which has now been forwarded to the Office of the AG.

Here are the public information requests submitted so far:

• All payment vouchers for the district-related trip to South Padre Island for a school event during the last three months. (There were none because the district didn’t pay for the fishing tournament.)

• Educational requirements for the job of director of marketing.

(Master’s Degree suddenly required after the former longtime director retired.)

• Any and all emails between Superintendent J.A. Gonzalez and (the whistleblower who filed the initial complaints) regarding any and all grievances filed against Jake Berry (the current marketing director, now apparently on paid leave).

• Any and all grievances filed against school district personnel and board members regarding a school district-related trip to South Padre Island during the last two months. (Again, not school related, but a fishing tournament.)

• Any and all documentation detailing any grievances filed against Jake Berry by (the whistleblower) including allegations of sexual harassment, during the last three months.

• Any and all documentation detailing any grievances filed against (the whistleblower), who works in the marketing department with Jake Berry, during the last three months.

This complaint filed against the so-called whistleblower was reportedly filed by another woman in the communications department who works under Berry. This second complaint was reportedly filed within a day or two of the first complaint made against the director.

Granted. It’s confusing.

• Any and all documentation detailing why the district’s director of marketing, Jake Berry, has been suspended, or any documentation dealing any and all grievances filed against him during the last three months.

• School District’s policy regarding personal/intimate relationships between a supervisor and subordinate. (According to the district, no such policy exists.)

So far, the typical response from McAllen ISD’s legal counsel with regard to complaints or grievances has been: “The District believes that responsive records may be confidential or otherwise prohibited from disclosure pursuant to the protective grounds found at TEXAS GOVERNMENT CODE Sections 552.101 -- 552.162, including information made confidential under other law. Should documents exist, which contain information protected from disclosure, the district will supplement this letter with those documents within the time frame specified by the statute.”

Note: Anyone with information about McAllen ISD’s policies and practices tied to other alleged cases of sexual harassment and/or alleged acts of retaliation may call Gregg Wendorf at 956-821-2569. Text or leave a message, and I’ll call you back. Your name will be kept confidential. Public documentation is what we are in search of, either filed as a complaint or a grievance.