Robert Peters Original Petition

8/10/2019 Robert Peters Original Petition

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CAUSE NO. _________________

ROBERT PETERS, IN THE DISTRICT COURT

Plaintiff

v. _____ JUDICIAL DISTRICT

MANOR INDEPENDENT

SCHOOL DISTRICT,

Defendant TRAVIS COUNTY, TEXAS

PLAINTIFFS ORIGINAL PETITION,

REQUEST FOR EQUITABLE RELIEF & REQUEST FOR DISCLOSURE

NOW COMES Plaintiff, Robert Peters, who files this Original Petition, seeking

compensatory relief, equitable relief, compensatory, and other damages for violation of

Plaintiffs rights protected by law.

A. Discovery Level and Jury Request

Discovery should take place under Level 2. Plaintiff requests a trial by jury in this

matter. The documents attached to Plaintiffs Original Petition are incorporated herein for all

purposes.

B. Parties

Robert Peters, Plaintiff, is a resident of Travis County, Texas and is Assistant

Superintendent of Defendant Manor Independent School District.

Defendant, Manor Independent School District (MISD), is a local governmental entity

of the State of Texas, which may be served with process through its Superintendent, Kevin

Brackmeyer, at Manor Independent School District, 10335 US Hwy 290E, Manor, TX 78653.


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C. Venue

Venue is proper in Travis County under 15.002, Travis County Civil Practice &

Remedies Code, because all or a substantial part of the event or omissions giving rise to the

claim occurred in Travis County. In addition, the Defendant resides and maintains its principal

place of business in Travis County.

D. Jurisdiction

This court has jurisdiction over this cause pursuant to Article V Section 8 and Article I

Sections 3 and 3a of the Texas Constitution; Sections 24.007, 24.008, and 24.011 of the Texas

Government Code. The court also has jurisdiction over this claim under the Texas Whistleblower

Act, Texas Government Code 554. The court has jurisdiction over this claim under the

Whistleblower Act because the Texas Legislature waived defendants immunity for claims

brought by a public employee against a governmental entity for retaliatory personnel actions in

violation of Texas Government Code 554.002. Tex. Govt Code 554.0035. This suit, as set

forth more fully herein seeks, damages for adverse personnel actions that were the result of the

plaintiffs report of illegal conduct.Sovereign immunity is not implicated under the Texas State

Constitution, as Plaintiff is not seeking damage relief under Plaintiffs state constitutional claims.

E. Case Summary/Facts

Dr. Peters had a successful career with the Manor Independent School District but that

started to change when he was assigned to investigate allegations of sexual harassment of school

district employees by a School Official who was the spouse of a Manor Independent School

District Board Member.


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Dr. Peters was made responsible for investigating a sexual harassment complaint where

the wife of a Board Member was alleged to have been sleeping with and providing benefits and

gifts to employees who would sleep with her. Dr. Peters sustained these findings, and the wife of

the Board Member ceased serving in her former position, though it is not clear if she remained

on the payroll. During Dr. Peters' investigation, he determined that expenditures could not be

properly accounted for and these funds may have been misappropriated. During this time, Dr.

Peters saw what appeared to be serious theft and misconduct and reported it to Superintendent

Brackmeyer and the appropriate law enforcement authorities including the Inspector Generals

Office of the Texas Education Agency. Dr. Peters also observed an apparent misallocation of

funds by the superintendent and questionable behavior by board members. Dr. Peters believed

he had a public duty to act. He ultimately took this information to the District Attorney and the

Texas Education Agency in an attempt for full disclosure, transparency and to have a law

enforcement authority enforce the law. Dr. Peters also informed Manor Independent School

District of his actions. After his handling of the investigation, the District began to become

embroiled in a divisive atmosphere between Mr. Brackmeyer and the President of the Board of

Trustees that resulted in Brackmeyer leaving Manor ISD and the Board President being defeated

in her bid for re-election. In the meantime, the atmosphere towards Dr. Peters and other African-

Americans became hostile. School Board Members apparently posted photographs of his home

on the internet and failed to correct others who laughed at racially derogatory photographs posted

online to mock him and other African-American employees. See attached (Pictures of Monkey

and Signs in Front of the House) attached hereto and incorporated for all purposes as Exhibit A.

Individuals came to his home and put signs up in his yard without his permission. After

Brackmeyer returned as Superintendent, Peters was exiled to another location away from the


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Central Administration Building with reduced authority. In a five-month period, Dr. Peters

called the police department five times to report incidents in which individuals broke into his

truck, placed signs in his yard, harassed his wife, and tried to hack his computer. His office was

entered when locked and without his permission and when he complained about the person (who

was hired by Brackmeyer), he became the subject of a Level One Grievance that was held

without his even knowing that one had been filed. He also observed that a fake evaluation had

been placed in his personnel file. A computer-generated evaluation apparently from Mr.

Brackmeyer, the Superintendent that was dated August 30, 2013 was placed in his file without

his signature and knowledge. Many other racial incidents occurred during this time period,

including workers referring to others as Niggers, Wetbacks and other slurs continuing to

work with the School Boards approval after attempts had been made to remove them. A

questionable lawsuit was filed in a county that appears as not to have venue where the new

Deputy Superintendent and the Plaintiff in that case may have ties. A subpoena was received

by Brackmeyer that he has used as a basis for securing the computer and iPad of Peters. See

Copy of Subpoena, which is attached hereto and incorporated for all purposes as Exhibit B.

Peters was placed on leave with pay because he returned an iPad pursuant to an investigation

allegedly based on the above lawsuit and when questioned about it in an accusatory way he said

he felt uncomfortable in answering one question. The Board and Brackmeyer have knowledge

that prior to the actions in this lawsuit, Dr. Peters made reports to the District Attorney, the

police department, and the Texas Education Agency in an effort to bring resolution to this

matter and believes that his rights have been violated and that he has been harassed and retaliated

against as an employee.


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i. Background

Plaintiff is an African-American male who is a professional educator. Plaintiff started as

an educator with the Northside Independent School District in 1996 as a Social Studies teacher

and remained there for 4 years. During his time in teaching, he was accepted and graduated from

Our Lady of the Lake University with a Masters in Educational Administration. After a great

teaching career at Northside ISD, Dr. Peters received a job with Dallas ISD as an Assistant

Principal at Edward Tiche Elementary. After two years, Dr. Peters was promoted to his first

Principal position at Runyon Elementary. He was the principal there for five years, when he

became principal the students' performance percentages were the lowest in the area. After five

years, the school had the highest scores in Pleasant Grove. In 2007, he was chosen to open the

new middle school in Dallas ISD, Lang Middle School. Based on his experience and school

performance, he was given the title of lead principal. He was responsible for working with

principals within the entire Skyline feeder pattern to ensure that all schools were effective. After

performing work that was assessed as outstanding by his superiors, in June 2009, Dr. Robert

Peters was accepted into the prestigious Cooperative Superintendency Program at the University

of Texas and relocated to the area. He was hired by Mr. Andrew Kim to be a principal at Manor

Excel Academy. Dr. Peters was a catalyst for transformation at the school and within one

semester the superintendent asked Dr. Peters to become the principal at the most struggling

campus in Manor Independent School District. Dr. Peters accepted the principalship at Decker

Middle School and began to work with the faculty and school community to change the climate

and culture. During Dr. Peters tenure at Decker Middle School, the school would become

recognized by the National Center for Education Achievement as a high performing school and

would become the highest performing middle school in Manor ISD. In June 2012, Dr. Peters


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was promoted by Andrew Kim to the Assistant Superintendents position, the same night in

which Mr. Brackmeyer was voted as the Superintendent. Dr. Peters has nineteen years of

experience in education and has been a principal at the elementary, middle and high school

levels. He has worked in urban, rural and suburban districts and has had the opportunity to lead

various teams to success.

ii. The Reports.

The items of discrimination and retaliation encountered or observed by Peters and the

matters about which he went to law enforcement or other governmental authorities who he

believed in good faith could address the issues include, but are not limited to, the following:

I. Ace After School Program: Sexual Harassment and Misallocation of Funds,

Reported to the Travis County District Attorney and the Texas Education Agency.

A. The Investigation of the After School Program

In 2012, Mr. Brackmeyer called a meeting with Mr. Watson and Plaintiff to talk

specifically about his concerns with the after school department Director. In the meeting he

informed Peters that the allegations to be investigated were that the Director was having a

sexually inappropriate relationship with a subordinate and asked Peters to begin the

investigation. Peters informed him that this was unusual for him to be assigned this task since

there was a Human Resources Department. As a result, Peters was directed to join Willie

Watson to the investigation but did the lion's share of the investigative work. Peters interviewed

and took statements from the coordinators who worked in the After School program. The

investigation by Peters revealed the likelihood of more than one sexual relationship between the

Director and subordinates, but also apparent financial wrongdoing. The July 2013 investigation

established:


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1. The Director had a recurring inappropriate relationship with one or more subordinates;

2. The Director was extremely intimidating to staff members and tended to show favoritism

to specific coordinators;

3. The Director and her team had gone on conferences to a variety of cities from 2009-2012

and many questionable activities had occurred with staff members, the Directors

directive was: What happens here stays here.;

4. There was a possible extreme misallocation of funds and at many conferences the

Director showed gratitude with district funds to her coordinator(s); and

5. The Director kept the knowledge of the budget from the coordinators. Coordinators

made requests and the Director approved or did not approve supplies. The coordinators

felt that the decisions negatively impacted the environment.

Because the matter involved potential financial wrongdoing, Brackmeyer brought in

additional team members so that all could study the allegation. As the Directors husband was a

trustee of Manor ISD, this was a very sensitive issue. However, the group generally agreed there

were suspicious charges of many kinds, from steak dinners to outings to Llano to popcorn at

movie theaters. They met with the Director and informed her of the decision to terminate her.

Peters was chosen to make the presentation to the School Board. Apparently, the Director

submitted her resignation. A number of employees and officials at the District believed that the

matter should be referred to the District Attorney and/or that a formal audit should be

undertaken. After no such action was forthcoming, Peters felt duty bound to report the suspicious

use of District funds and provided this information to appropriate law enforcement authorities

who had the power to investigate them. The Directors spouse became the School Board

President and matters escalated to thwart Peters, including isolating him, bringing in a Deputy

Superintendent to be above him, and the placement of Peters on leave. On the same day in 2014

after the Directors husband had become the Board President, three employees who had

cooperated in the investigation of his spouse were either terminated or placed on leave with pay.

Peters scheduled another meeting with the Texas Education Agency Office of Inspector General,

but before the meeting could take place, he was ordered to give over his computer and iPad to


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the District. After turning over the computer and iPad, the District, through the new Deputy

Superintendent, called Peters in to ask several questions.

B. Superintendent Brackmeyers Misuse of Funds

In November of 2013, subsequent to the Ace After School Program investigation, it was

discovered that Brackmeyer himself may possibly have misused Manor ISD funds. An

investigation indicated potential financial misconduct or irregularities by Brackmeyer (including

but not limited to his lack of a Superintendents certification). Allegations that were investigated

included alleged stipends to the Superintendent and his wife, the purchase of supplies for her

office use and the purchase of furniture for her office. It also included the allegation that

Brackmeyer hired a lawyer to negotiate his departure from the District at taxpayer expense. See

Documents attached hereto as Exhibit C, which are incorporated herein for all purposes as if

fully set forth. On information and belief, the District paid for at least some of those legal

services. Brackmeyer supporters opposed the Board Members who had opposed him, and turned

out a number of incumbent Board Members in a campaign referred to as the 2-4-6 campaign.

The after school program department Directors husband became Board President and

Brackmeyer was rehired. Because the expenditures for a private counsel for Brackmeyer

indicated misuses of public funds, Peters submitted the information to persons with appreciate

law enforcement authority to investigate and correct the same. The Board and Brackmeyer are

aware of such efforts. After the investigation, some of the allegations appeared to provide some

of the basis for the Board voting no confidence in Mr. Brackmeyer after which he employed the

lawyer to negotiate his departure.

When Mr. Brackmeyer resigned as the superintendent, there was extreme tension in the

District. Information alleged to be from Bradley Clark, an avid supporter of the 2-4-6 campaign


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and local attorney with a practice specializing in technology, was posted on the internet on a

regular basis that featured what some would characterize as very sensitive information and that

sometimes sought to discredit those who had opposed Brackmeyer. Employees saw contents of

their personal conversations somehow end up online. See Exhibit D, which is attached hereto

and incorporated for all purposes as if fully set forth herein. Red lights were observed from the

ceilings in some offices. A number of employees who encountered such actions became

suspicious and concerned about the integrity of their communications. Peters' truck was

burglarized in September of 2014 but nothing was stolen. However, his briefcase was rummaged

through as if the person was looking for information. Peters was very concerned because

previously, Superintendent Brackmeyers assistant, Kristopher Reyes, was discovered in Peters'

office allegedly looking for wasp nests and another person hired by Brackmeyer, Michael

Gula, was also observed in his locked office without apparent justification. Gula was hired into

the district by Brackmeyer apparently at an amount higher that the applicable pay scale. Gula

filed a grievance against Peters for alleging that Gula was in Peters office.

These individuals being in Peters office troubled him primarily due to their connection

to Mr. Brackmeyer. Mr. Reyes at this time was not Mr. Brackmeyers secretary, he worked in

Human Resources. However when Mr. Brackmeyer came back in late May, Reyes was

promoted to Brackmeyers office. Michael Gula is a longtime friend of the Brackmeyer family

and was hired as an Executive Coordinator with a salary that on information and belief is higher

than the salary scale at that position. Posts represented to be from Clark, a prominent supporter

of the 2-4-6 campaign along with Monique Celedon and Denise LoSchiavo about Peters and his

wife have caused Peters great concern. They include pictures of his wifes birth records,

photographs and allegations that he is not qualified to be an Assistant Superintendent though


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Peters possessed his Superintendents certification when he was appointed as an Assistant and

Brackmeyer did not. See Exhibit E, documents showing posts about the Peters family and the

apparent posters connection with the 2-4-6 campaign which is attached hereto and incorporated

for all purposes as if fully set forth herein.

C. Manor ISD School Board Member Behavior

Peters was concerned about School Board actions, as he believed that they may have

violated various laws or policies that are buttressed by laws and he reported them to the

authorities as well:

i. Peters in good faith believed that Mr. John Jonse, a School Board Memberand apparent participant in the 2-4-6 campaign, may have used the

baseball diamonds in the district for years without payment. Other

citizens, for non-district events, have had to pay for these services when

renting the facilities; Peters did not believe that Mr. Jonse had been

required to pay for the facilities from his inquiry.

j. Melinda Fiebig is a Board Member who works as an administrative

assistant with Voelkner Inc. The company has received contracts with the

Manor ISD during the time Fiebig has been a member of the Board.

Peters investigated and determined that it appears that Fiebig may have

voted on some of those contracts.

k. The current Manor ISD School Board President was the subject of a

grievance complaining that he was improperly inquiring into one of the

workers who had given a statement against his spouse who was

subsequently terminated.

l. Members of the After School grant program that could lead authorities to

the truth about what happened have been separated from the District (e.g.,

Isaac Hayes and Veronica Biggins). Jamaal Sanders, another witness to

the After School problems, was also placed on leave on the day Hayes and

Biggins were terminated. Sanders has since been reinstated and informed

that his contract will not be renewed on information and belief.

II. Texas Education Agency and the Travis County District Attorney

Leslie Thomas, Superintendent Brackmeyers former administrative assistant, and Dr.

Peters visited the Travis County District Attorney to provide information regarding Mr.


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Brackmeyer and Board Authorities have been aware of Peters providing information to

the appropriate law enforcement authorities.

III. Whistleblower, Discrimination and Retaliation

The environment at Manor ISD is hostile to Dr. Peters and a number of African-

Americans at MISD. Dr. Peters was exiled from the Central Administration Building and sent to

another building, stripped of his job responsibilities, passed over for an assistant superintendent

position, indefinitely suspended, and stigmatized in the community. The adverse action taken

against Peters by Manor ISD was due to race discrimination, employment retaliation, and

Whistleblower retaliation. For example, a sign was placed on Peters yard that was unsolicited

and unwelcome in regards to a School Board Campaign. Subsequent to this placement, Peters

received a call on a Saturday morning in May of 2014 and told that images of his home were

placed on Facebook and an alarming post was made by a school board member. Peters checked

online. Board Member John Jonse apparently stated, Even her posse is bailing on her now.

There was a sign placed in Peters yard discrediting the then African-American board president

and his house was shown to all on Facebook. When others chimed in, the communication chain

associated Peters, the former Board President and other African-American employees at Manor

ISD as monkeys. Despite the disparaging comments and offensive racial references that were

part of the exchange on the site, Jonse failed to correct any on the site--even district employees.

Shortly after this incident, the Board reinstated two employees who had been terminated for

referring to Blacks and Browns, sometimes in their faces, as Niggers or Wetbacks or sometimes

as Lazy Niggers and wetbacks or words to that effect. Other matters that make it hostile include

but are not limited to:


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1. Plaintiffs demotion;

2. Plaintiffs move from the Administration Building;

3. Apparent sharing of information about Plaintiff with 3rd parties outside the district;

4. A School Board Member not correcting references to Peters and other Black employees

as monkeys in a web discussion;

5. The Boards refusal to terminate employees who referred to Blacks and Latinos as

Niggers and Wetbacks;

6. Private conversations of employees being placed on the internet;

7. Refusal to follow policies in regards to grievances involving Peters;

8. Different terms and conditions for compensation for Black employees;

9. Termination of employees who have opposed what they believed in good faith to be

discrimination

10. The promotion of Whites into new and important positions;

11. Over 50% of Peter's previous duties were assigned to other persons;

12.

The placement of a bogus evaluation file in Peters personnel file; and13. Peters excluded from Important Administrative Meetings.

14. Plaintiff not being promoted to Deputy Superintendent

IV. Discriminatory Practices

The following show discriminatory practices and a hostile work environment at Manor

ISD that in regard to Dr. Peters would not have resulted but for his reporting and led to his

suffering adverse personnel action by Manor ISD:

A. Discrimination in pay scale and the variance of pay in Manor ISD on the basis of

race;

B. Superintendent Brackmeyer hiring and paying people (most of whom were White)

in excess of the allowed pay scale or sometimes the employee appeared to be not

qualified for the position;

C. Many African American Administrators were targeted after the election in May of

2013 as many believed that they were loyal to the former Board President;

D. Dr. Peters was relegated to two departments without any type of communication

with Mr. Brackmeyer;

E. Dr. Peters was sent to another building, while all other central office

administrators were at central office;

F. When a Deputy Superintendent position became open, Dr. Peters was overlooked

for the position;


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G. A grievance was allegedly filed against Dr. Peters for saying that while he was

out and his office was locked, an administrator had been seen into his office

looking at things. The administrator filed the Grievance against Peters and the

grievance was handled by Willie Watson, the HR Director, instead of Peters. The

policy requires that the matter be handled by Peters as is customary in the District,

but Peters did not find out until after the grievance that it had taken place. Peters

was not even contacted about the grievance so it was decided by Watson in a

manner that permitted the Level 2 Appeal Administrator, recently hired by

Brackmeyer that was the previous Superintendent of Wharton ISD, to request that

Dr. Peters apologize even before the Level 2 grievance was heard;

H. Dr. Peters opposed the retaliation against individuals who participated in the

sexual harassment/misconduct investigation of the ACE After School Program

Director. As the primary investigator for the District he felt particularly

concerned that people who had done the right thing and spoke out against

apparent financial improprieties and sexual misconduct and harassment werebeing subjected to what appeared to be unwarranted adverse actions;

I. Peters informed HR that he supported their proposed action to terminate

employees who had called other employees Niggers and Wetbacks,

sometimes to their faces. Some employees indicated they were offended by the

conduct, but the Board of Trustees voted to disregard the recommendation of the

HR Department and put the individuals back to work. Individuals in the

maintenance department were apparently terminated by Mr. Willie Watson for

calling their peers Niggers and Lazy Mexicans. After their termination, these

individuals came to a board meeting and spoke during open forum. One or more

of these individuals reportedly refused to apologize for the comments that hemade and doubled down on their legitimacy on information and belief. After

executive session, the terminations were overturned (or the individuals returned to

work);

J. Peters found a bogus evaluation in his personnel file that he had not seen

before;

K. The District (i.e., Communications Department Director, Abby Chalmers or

Kevin Brackmeyer) has apparently been providing information about Peters to

outside parties such as Bradley Clark, Monique Celedon and Denise LoSchiavo

and informing them verbally of what they are doing in regards to Peters. Before

Peters is given a copy of the subpoena from the questionable lawsuit, on

information and belief it appears that Clark has published on the internet that

Peters was served with it and subsequently he published that Peters would be

terminated. See Exhibit F, which is attached hereto and incorporated for all

purposes as if fully set forth herein. Previously Peters had sent a cease and desist


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letter to Clark. See Exhibit G, which is attached hereto and incorporated for all

purposes.

A. Pretext in the Claim of Insubordination

Brackmeyer and others acting with him set the stage for Peters to be in a position where

he could be terminated. Jennifer Mann is a Principal at Manor ISD. On information and belief,

she lives in a cottage or home behind Brackmeyers home in Tarrytown in Austin, at least during

the week. She was hired into the District by Brackmeyer and is believed to be married to an

individual who lives in Wharton County. A public interest website called Accountability in

Manor has been providing information to the public for quite some time to make it better aware

of what is happening in the school district. The information has been accurate and reliable, but

Mann filed a lawsuit in Wharton County against Ron Jones apparently about the website. The

citation in the lawsuit has been returned unserved according to the Wharton County District

Clerks Office though citation was apparently requested to serve the Secretary of State. The

Secretary of State is not aware of any attempts to serve the citation on any of the entities named

in the lawsuit. A subpoena was issued by Mann who somehow has provided it to her boss and

landlord who has decided to respond to it even though the opposing party has a right to oppose

the same and be served with a copy of it.

On October 9, 2014, Peters was in his office speaking with Mrs. DeLa Garza about

upcoming dropout prevention efforts. HR Director Willie Watson came to Peters door and

asked to speak with him. When Peters walked out of his office, Watson led him to an open

empty classroom in which Dr. Bartosh and Superintendent Brackmeyer were waiting. When

Peters arrived, he was told that they needed his laptop and iPad and that a subpoena had been

filed and served on Manor ISD. Peters informed the group that he could give over the laptop, but

the iPad was at home. Mr. Brackmeyer asked to follow Dr. Peters home and get the iPad. Dr.


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Peters let him know that he did not want to be followed home and that he could give him the

laptop and set up a time to provide him with the iPad. Brackmeyer gave Peters a verbal directive

for him to follow Dr. Peters to his house and pick up the iPad. Dr. Peters let Brackmeyer know

that he was uncomfortable and that he would like to speak to his attorney. Brackmeyer continued

to give Dr. Peters directives and Dr. Peters let him know that he believed that the iPad was in his

wifes car and not home. Dr. Peters let Superintendent Brackmeyer know that he felt ambushed

and he would get him the iPad as soon as possible. He left and within minutes, Peters wife

called him and informed him that Mr. Brackmeyer was following her. Peters wife was

screaming and their five-month-old son was in the car. Peters wife is familiar with Mr.

Brackmeyers car and what he looks like. Peters provided the iPad to his attorney who then

turned it into the district through their attorney, Chris Badillo.

It was allegedly on the basis of Manns subpoena that Peters' computer was confiscated

and his iPad required to be returned. The Deputy Superintendent, on the basis of these

apparently illegal requests for documents, decided that Peters was insubordinate for saying he

did not want to answer an accusatory question though at no point was he insubordinate. Because

the subpoena was not legally viable because the lawsuit had not been served and the suit

involving a Travis County matter was filed in Wharton County, it is clear that the suit was

designed to be used to terminate Peters.

B. Peters is Placed on Leave

On October 24, 2014, Peters received a text at 9:21 a.m. from Dr. Bartosh asking him to

please come to his office ASAP. When he arrived, Peters was told that Bartosh wanted to ask

him some questions. Bartosh asked him five questions regarding his possession of the iPad.

Peters answered four of the five and said he felt uncomfortable in answering the 5th question for


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a variety of reasons. After Peters left, he received a text from Dr. Bartosh asking him to come

back to the office for a follow-up question. After he waited approximately 25 minutes to be

taken in to see Bartosh, he was presented with a document placing him on leave. It was stated

that he was insubordinate for not answering the last question that was asked by the Deputy

Superintendent. See Exhibit H, which is attached hereto and incorporated for all purposes as if

fully set forth herein.

F. CAUSES OF ACTION

The allegations contained in the Paragraphs above inclusive are hereby incorporated by

inference for all causes of action.

Whistleblower Violations

Plaintiff was a public employee who made a good faith report that his employer or

another public employee violated the law. He made good faith reports to the Travis County

District Attorney and the Office of Inspector General of the Texas Education Agency. Plaintiff

made the report to an appropriate law enforcement authority and as a result, suffered adverse

personnel actions because of the report(s). These actions leading to adverse personnel action(s)

suffered by Plaintiff violated Texas Government Code Chapter 554.

Discrimination

The Texas State Constitution, Article I Sections 3 and 3a, prohibit discrimination by

public bodies against individuals on the basis of race. The State Constitution further provides in

Article I Section 8 that individuals have a right of Free Speech as Plaintiff engaged in when he

made the reports to the Travis County District Attorney, the Texas Education Agency Office of


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Inspector General or the Board of Trustees itself. Plaintiff is an African-American, Assistant

Superintendent who has nineteen years of experience in education and has been a principal at the

elementary, middle and high school levels. He has worked in urban, rural and suburban districts

and has had the opportunity to lead various teams to success. Plaintiff was disciplined, placed on

leave, and treated less favorably than White employees who were similarly situated. Plaintiff

suffered adverse personnel actions by Manor ISD on the basis of race in violation Texas Labor

Code 21.051 and has requested a Right to Sue to proceed with the prosecution of the same.

Retaliation

Manor ISD committed an unlawful employment practice by retaliating and discriminating

against Plaintiff in violation of the free speech provisions of the Texas Constitution and the

Texas Whistleblower Act after he opposed discriminatory practices by Manor ISD, made and

filed charges and complaints against Manor ISD with the Equal Employment Opportunity

Commission and the Travis County District Attorney, engaged in speech that was in the public

interest and/or assisted and participated in an investigation with the Texas Education Agency

regarding Manor ISDs apparent misuse and misallocation of funds. As indicated above, a right

to sue has been requested to proceed under Texas Labor Code Section 21.055.

G. DAMAGES

As a result of Defendants unlawful conduct, Plaintiff has suffered economic and actual

damages, including past and future lost income, back wages or back pay, interest on back pay

and front pay, future wages or front pay, employment benefits in the past and future, lost

earnings in the past and future, emotional distress, and all lost benefits under the contract or

employment relationship.


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H. COMPENSATORY DAMAGES

Plaintiff additionally brings suit for compensatory damages, including emotional pain and

suffering, inconvenience, mental anguish, loss of enjoyment of life, injury to professional

standing, injury to character and reputation, injury to credit standing, job search expenses, lost

earning capacity in the past and future, and other pecuniary and non-pecuniary losses.

I. ATTORNEYS FEES

A prevailing party may recover reasonable attorneys fees and costs. See Tex. Govt.

Code 554.003(a)(3)-(4). Plaintiff brings suit for these fees from Defendant. Plaintiff seeks all

reasonable attorneys feesin this case, including preparation and trial of this lawsuit, post-trial,

pre-appeal work, any appeal to the Texas Court of Appeals, making or responding to an

application for writ of error to the Texas Supreme Court, an appeal to the Texas Supreme Court

if an application for writ of error is granted, and post-judgment discovery and collection in the

event execution on the judgment is necessary.

J.

JURY DEMAND

Plaintiff hereby demands a trial by jury of all the issues and facts in this case and tenders

the requisite fee.

K. CONDITIONS PRECEDENT

As no cause of action is being made at this time for a Chapter 21 Labor Code violation,

which will be subject to, obtaining rights to sue from the appropriate governmental authorities,

all other conditions precedent to bringing the suit have been made.


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L. REQUEST FOR DISCLOSURE

Under Texas Rule of Civil Procedure 194, Manor ISD is requested to disclose, within 50

days of service of this request, the information or material described in Texas Rule of Civil

Procedure 194.2.

M.PRAYER FOR RELIEF

ACCORDINGLY, Plaintiff prays that Defendant be cited to appear and answer herein,

and, upon final trial, Plaintiff have Judgment against Defendant as requested above, and as

follows:

1. Judgment against Defendant for all damages alleged in this petition;

2. Interest before and after judgment at the highest rate provided by law, until paid;

3. Costs of suit;

4.

Reasonable and necessary attorneys fees;

5. Injunctive Relief and pleading alternatively, reinstatement;

6. The Court appoint a Receiver to Oversee the Affairs of the Manor Independent School

District to ensure compliance with law for at least two years; and

7. Such other and further relief to which Plaintiff may be justly entitled.

Respectfully submitted,

POTTER BLEDSOE, LLP

By: /s/ Gary L. Bledsoe

Gary L. Bledsoe

State Bar No. 02476500


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Robert Peters Original Petition

Documents

Transcript of Robert Peters Original Petition