CAUSE NO.

_________________
ROBERT PETERS,
Plaintiff

v.
MANOR INDEPENDENT
SCHOOL DISTRICT,
Defendant

IN THE DISTRICT COURT

_____ JUDICIAL DISTRICT

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.

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.

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 AfricanAmericans 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

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.

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

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.
2.
3.

4.
5.

The Director had a recurring inappropriate relationship with one or more subordinates;
The Director was extremely intimidating to staff members and tended to show favoritism
to specific coordinators;
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.;
There was a possible extreme misallocation of funds and at many conferences the
Director showed gratitude with district funds to her coordinator(s); and
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

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

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 Member
and 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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Brackmeyers use of public funds for his private use in regards to hiring an attorney to fight
against the District and work with officials to create his separation agreement.
Dr. Peters visited the Texas Education Agency Office of Inspector General on three
different occasions to provide them with information regarding possibly illegal or criminal
activity within Manor ISD.
Dr. Peters visited the Texas Education Agency to report information in which they
believed that Mr. Brackmeyer was misusing district funds for personal use. Leslie Thomas and
Peters initiated their complaint through Ralph Disher and provided him with information
showing the financial misconduct.
Dr. Peters visited Mr. Disher at TEA again to complain about noncompliance with the
statutory requirement of background checks for employees at Manor Independent School
District. He shared that Mr. Brackmeyer had made a directive to expedite vendor processes and
it had caused a lack of systems on background checks at Manor ISD. He spoke with Mr. Disher
regarding a situation in which one vendor had not received an appropriate background check and
was found to have a past of sexual molestation with a young child. Peters expressed his concern
with Mr. Disher and informed him that he needed assistance. Peters also forwarded information
to the Texas Education Agency that substantiates the claims.
In October of 2014 and prior to being placed on leave, Peters met with two investigators
with the Texas Education Agency to speak specifically about the misallocation of funds with the
ACE grant. During a 3-hour interview, Peters gave specific information to investigators about
his investigation of the afterschool program department Director and his knowledge of her
misallocation of funds in the grant.

11

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:

12

10.
11.
12.
13.
14.

Plaintiffs demotion;
Plaintiffs move from the Administration Building;
Apparent sharing of information about Plaintiff with 3rd parties outside the district;
A School Board Member not correcting references to Peters and other Black employees
as monkeys in a web discussion;
The Boards refusal to terminate employees who referred to Blacks and Latinos as
Niggers and Wetbacks;
Private conversations of employees being placed on the internet;
Refusal to follow policies in regards to grievances involving Peters;
Different terms and conditions for compensation for Black employees;
Termination of employees who have opposed what they believed in good faith to be
discrimination
The promotion of Whites into new and important positions;
Over 50% of Peter's previous duties were assigned to other persons;
The placement of a bogus evaluation file in Peters personnel file; and
Peters excluded from Important Administrative Meetings.
Plaintiff not being promoted to Deputy Superintendent

IV.

Discriminatory Practices

1.
2.
3.
4.
5.
6.
7.
8.
9.

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;

13

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 were
being 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 he
made 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.
15

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.
screaming and their five-month-old son was in the car.

Peters wife was

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

16

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

17

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 fees in 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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gbledsoe@potterbledsoe.com
Harry G. Potter III
hpotter@potterbledsoe.com
State Bar No. 16175300
Alondra Johnson
ajohnson@potterbledsoe.com
State Bar No. 24087801
316 W. 12th Street
Austin, Texas 78701
(512) 322-9992 Telephone
(512) 322-0840 Fax

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