dallas isd trustee lawsuit
TRANSCRIPT
-
8/9/2019 Dallas ISD trustee lawsuit
1/72
CAUSE NO. ____________
ELIZABETH JONES, BERNADETTE
NUTALL, and JOYCE FOREMAN,
Plaintiffs,
v.
MIGUEL SOLIS, in his official capacity as
President of the Board of Trustees of theDallas Independent School District, and
DALLAS INDEPENDENT SCHOOL
DISTRICT,
Defendants.
§
§
§
§
§
§
§
§
§§
§
§
§
IN THE DISTRICT C
DALLAS COUNTY, T
__________ JUDICIA
EMERGENCY VERIFIED PETITION FORDECLARATORY RELIEF, APPLICATION FOR WRIT OF MANDA
AND APPLICATION FOR INJUNCTIVE RELIEF
Plaintiffs Elizabeth Jones (“Trustee Jones”), Bernadette Nutall (“Trustee
Joyce Foreman (“Trustee Foreman”) (collectively, “Plaintiffs”) file this Emerge
Petition for Declaratory Relief, Application for Writ Mandamus, and Application
Relief against Defendant Miguel Solis, in his capacity as President of the Boar
(“Board”) of the Dallas Independent School District, and against the Dallas Indepe
District (“DISD”), as follows:
I.
PRELIMINARY STATEMENT
Beginning today, April 27, 2015, the voters of the Dallas Independent Sc
2 CT-E-SERVE
DC-15-04625
-
8/9/2019 Dallas ISD trustee lawsuit
2/72
permitted to review the performance of Mike Miles as Superintendent of DISD only
that opportunity by the Board President. Plaintiffs have filed this lawsuit to requ
Solis to call and provide public notice of a meeting of the Board on this important to
interest.
On February 19, 2015, Trustees Nutall, Foreman, and Jones requested tha
Superintendent Mike Miles’ performance and contract be placed on the agenda f
meeting to be held on March 5, 2015. Pursuant to the Board’s operating procedur
President was required to perform the ministerial act of scheduling the agenda item
occurring within 60 days of the request. President Solis refused to do so.
Indeed, on April 17, 2015, after failing to add the agenda item at any of t
meetings occurring in March and April, President Solis refused to schedule a
Superintendent Miles’ performance for the meeting held on April 23, 2015—the
before the election on May 9, 2015—and instead purported to schedule the discu
meeting to be held on May 14, 2015, well beyond the 60 day period called for in
operating procedures.
In an effort to overcome the Board President’s obstruction, Trustees Nutall,
Jones have twice requested a special meeting of the Board to discuss Mike Miles’
prior to the election. Unfortunately, the Board President has failed to call the meeti
notices required by the Texas Open Meetings Act. Accordingly, Plaintiffs have b
initiate this lawsuit to obtain a Court order requiring a meeting be held on May 1, 20
-
8/9/2019 Dallas ISD trustee lawsuit
3/72
II.
DISCOVERY CONTROL PLAN
1. Plaintiffs intend to conduct discovery under Level 2 of Texas R
Procedure 190.3.
2. Plaintiffs currently seek monetary relief of less than $100,000 and n
relief. Because non-monetary relief is sought, this action is not subject to Texas
Procedure 169.
III.
PARTIES
A.
Plaintiffs
3. Plaintiff Elizabeth Jones is a member of the Board representing Di
resident of the State of Texas residing at 10860 Strait Lane Circle, Dallas, Texas 75
Jones has been a Trustee since 2012.
4.
Plaintiff Bernadette Nutall is a member of the Board representing D
resident of the State of Texas residing at 1409 S. Lamar, Dallas, Texas 75116. Trus
been a Trustee since 2009.
5. Plaintiff Joyce Foreman is a member of the Board and a resident o
Texas residing at 3701 Junius, Dallas, Texas 75116. Trustee Foreman has been a
2014.
B. Defendants
-
8/9/2019 Dallas ISD trustee lawsuit
4/72
Dallas, Texas 75206. President Solis has been a Trustee since 2013 and was e
President on June 26, 2014.
7. Defendant Dallas Independent School District (“DISD”) is an indep
district created pursuant to the Texas Education Code, maintains an office in Dalla
may be served by serving its Superintendent Mike Miles, at 3700 Ross Avenue,
75204.
IV.
JURISDICTION AND VENUE
8. Jurisdiction is proper in this Court pursuant to, inter alia, TEXAS C
§ 8, TEX. GOV. CODE § 24.011, and TEX. CIV. PRAC. & REM. CODE § 65.021.
9. The Court has personal jurisdiction over both Defendants. Defend
resident of Texas residing in Dallas County, Texas. DISD is a school district loca
County, Texas.
10.
Venue is proper in this Court pursuant to TEX. CIV. PRAC. &
§§ 15.002 and 65.023. Defendant Solis is domiciled within Dallas County, Texas
headquartered in Dallas County, Texas. Additionally, all or part of the events
giving rise to the causes of action occurred in Dallas County, Texas.
V.
STATEMENT OF RELEVANT FACTS
A. DISD Board Policy Requires The Board President To Call A Special M
Request Of Three Board Members. _______________________________
-
8/9/2019 Dallas ISD trustee lawsuit
5/72
-
8/9/2019 Dallas ISD trustee lawsuit
6/72
B. DISD Board Operating Procedures Require That The Board Presid
Items On Board Meeting Agendas At The Request Of T
Members._____________________________________________________
16. The Board has adopted the Board of Trustee Operating Procedure
Procedures”). The Operating Procedures are intended to guide and assist the Board
the conduct of the Board’s business. If there is a conflict or inconsistency between
Procedures and Board Policy, Board Policy takes precedence. The Board Operatin
are reviewed annually in June by the Board and updated as needed as a part of B
and orientation.
17. “Board Briefings” are scheduled on the second Thursday of each
Board Meetings are scheduled on the fourth Thursday of each month, unless circum
that day unavailable. The purpose of the Board Briefing is to allow each Board
opportunity to express ideas and concerns about specific agenda items in order
many as possible in the consent agenda at the next Board Meeting. The Board
created by the Superintendent and Board President prior to being presented t
Members.
18. Pursuant to the Operating Procedures, “Three Board Members may
subject be included on the agenda for a meeting. That request shall be forw
Superintendent of Schools or the Board President 10 calendar days before the B
Meeting.”
19. When three Board members request that a subject and item be in
-
8/9/2019 Dallas ISD trustee lawsuit
7/72
have the item turned over to the administration to review and recommendations back to the Board for consideration at a subsequent meetin
(b) In any event, the item will be placed on the agenda for deliberation nthan 60 days after presentment.
(c) No item can be placed on the Agenda less than 72 hours in advance meeting, unless an emergency or urgent public necessity exists.
20. A copy of the Operating Procedures are attached hereto as Exhibit B
C.
President Solis Failed To Comply With The Operating Procedures.
21. On February 19, 2015, Trustee Nutall sent an email to the Bo
requesting that the following items be included in the Board Briefing on March 5, 2
Closed Session
551.074 To deliberate the appointment, employment, evaluation, reassignduties, discipline, or dismissal of a public officer or employee, or to hcomplaint or charge against an officer or employee, including the Superinteof Schools, Mike Miles.
Open Session
Consider and Take Possible Action regarding the employment of Superinteof Schools, Mike Miles.
22. On that same day, Trustee Foreman joined the request by sendin
President an email stating:
After much thought and consideration, I am asking that you put an ope
closed session on the March board briefing agenda regarding the employevaluation, dismissal or discipline of the Superintendent. It is of high intethe taxpayers and parents that the board takes some action regarding the missteps that have taken place during the tenure of the Superintendent. I know what the outcome will be, but we must quit burying our heads in thand acting like nothing has happened.
-
8/9/2019 Dallas ISD trustee lawsuit
8/72
-
8/9/2019 Dallas ISD trustee lawsuit
9/72
-
8/9/2019 Dallas ISD trustee lawsuit
10/72
551.074 To deliberate the appointment, employment, evaluation, reassignduties, discipline, or dismissal of a public officer or employee, or to hcomplaint or charge against an officer or employee, including the Superinte
of Schools, Mike Miles.
Open Session
Consider and Take Possible Action regarding the employment of Superinteof Schools, Mike Miles.
31. The written request specifically requested that the special meeting
Friday, May 1, 2015 and that notice of the meeting be posted no later than 1
Monday, April 27, 2015. A copy of that written request (“Second Special Meetin
attached hereto as Exhibit D.
E.
President Solis Refused To Post The Required Notice And Call The Spe
32. President Solis has repeatedly abused his position as President of
refusing to comply with Board Policy and Operating Procedures. President Solis
the discussion of Superintendent Miles’ performance to the agenda of a Board meet
within 60 days of the request by three Board members.
33. President Solis has subsequently twice chosen not to call or post the
required for a special meeting sought pursuant to a written request of three Board m
34. Because early voting for Board positions opens on Monday, Ap
President Solis’ obstruction has already deprived some voters of information rele
decisions. The Court should not permit President Solis’ obstruction to continue.
VI.
-
8/9/2019 Dallas ISD trustee lawsuit
11/72
-
8/9/2019 Dallas ISD trustee lawsuit
12/72
43. The DISD derives its legal existence and power pursuant to the C
the State of Texas and the Texas Education Code, and employs officials tasked
public notices of Board meetings.
44. The Board adopted Operating Procedures and a Board Policy, wh
nondiscretionary duty on the Board President to: (1) add items to Board Meeting
upon written request of three Board members, call special meetings of the B
requested date and time, and (3) post public notice of meeting agendas as required
Open Meetings Act.
45. The Board President has a legal duty, as set forth in Board Policy, to
meeting upon the written request of three Board members. The Board President an
a legal duty pursuant to the Texas Open Meetings Act to post public notice of th
meetings of the Board at least 72 hours in advance of the Board meeting.
46. In the Second Special Meeting Request, Plaintiffs, who constitute
members, requested in writing that the Board President call a special meeting of
May 1, 2015 at 4:00 p.m. in the Board Room at 3700 Ross Avenue, Dallas, Texas 7
location specified by public notice with an agenda including the following items:
Closed Session
551.074 To deliberate the appointment, employment, evaluation, reassignduties, discipline, or dismissal of a public officer or employee, or to hcomplaint or charge against an officer or employee, including the Superinteof Schools, Mike Miles
Open Session
-
8/9/2019 Dallas ISD trustee lawsuit
13/72
-
8/9/2019 Dallas ISD trustee lawsuit
14/72
Consider and Take Possible Action regarding the employment ofSuperintendent of Schools, Mike Miles.
(b) President Solis and the agents of DISD responsible for posting B
notices to post public notice of the foregoing special meeting of the B
72 hours in advance of the foregoing special meeting.
52. The requested relief should be granted on an expedited, emergency b
in the absence of relief, the Board will not be able to meet to discuss an iss
importance prior to the election scheduled to occur on May 9, 2015. The absen
meeting of the Board, and the accompanying public discussion, will prevent the
obtaining information that would likely be relevant to their votes. If emergency
granted, Plaintiffs and the public will be without adequate remedy at law.
VIII.
APPLICATION FOR INJUNCTIVE RELIEF
53. Plaintiffs repeat the preceding paragraphs as set forth herein.
54. Plaintiffs request injunctive relief against President Solis and Defend
to TEX. CIV. PRAC. & REM. CODE § 37.011.
55.
The Board President has a legal duty, as set forth in Board Policy, to
meeting upon the written request of three Board members. The Board President an
a legal duty pursuant to the Texas Open Meetings Act to post public notice of th
-
8/9/2019 Dallas ISD trustee lawsuit
15/72
-
8/9/2019 Dallas ISD trustee lawsuit
16/72
(b) the Board President to call a special meeting for the day and time c
request from three Board members;
(c) President Solis to call a special meeting of the Board at May 1, 2015
in the Board Room at 3700 Ross Avenue, Dallas, Texas 75204 or other loca
by public notice with an agenda including the following items:
Closed Session
551.074 To deliberate the appointment, employment, evaluation,reassignment, duties, discipline, or dismissal of a public officer oremployee, or to hear a complaint or charge against an officer oremployee, including the Superintendent of Schools, Mike Miles
Open Session
Consider and Take Possible Action regarding the employment ofSuperintendent of Schools, Mike Miles.
(d) President Solis and the agents of DISD responsible for posting B
notices to post public notice of the foregoing special meeting of the Boa
hours in advance of the foregoing special meeting.
60. In the absence of injunctive relief, violations of Board Policy a
Procedures are likely to continue and the Board will not be able to meet to discu
public importance prior to the election scheduled to occur on May 9, 2015. The ab
a meeting of the Board and the accompanying public discussion will prevent the
obtaining information that would likely be of relevance to their decision. If emerg
not granted, Plaintiffs and the public will suffer irreparable harm and will be with
-
8/9/2019 Dallas ISD trustee lawsuit
17/72
-
8/9/2019 Dallas ISD trustee lawsuit
18/72
(2) the Board President to call a special meeting for the contained in a request from three Board members;
(3) President Solis to call a special meeting of the Boa2015 at 4:00 p.m. in the Board Room at 3700 Ross Avenue, 75204 or other location specified by public notice witincluding the following items:
Closed Session
551.074 To deliberate the appointment, employment
reassignment, duties, discipline, or dismissal of a publemployee, or to hear a complaint or charge against an officerincluding the Superintendent of Schools, Mike Miles
Open Session
Consider and Take Possible Action regarding the emSuperintendent of Schools, Mike Miles.
(4) President Solis and the agents of DISD responsiblBoard meeting notices to post public notice of the foregmeeting of the Board at least 72 hours in advance of the foremeeting.
c) A Judgment declaring that Board Policy and Operating Procethe inclusion of properly requested agenda items to Bo
agendas scheduled to occur within 60 days of the presenrequest by three Board members;
d) A Judgment declaring that Board Policy and Operating Procethe Board President to call a special meeting for the drequested by three Board members;
e) A Judgment awarding Plaintiffs Attorneys’ fees and cost
connection with this suit pursuant to Tex. Civ. Prac & R37.009; and
f) All other appropriate relief to which Plaintiff is entitled.
-
8/9/2019 Dallas ISD trustee lawsuit
19/72
Respectfully submitted,
BICKEL & BREWER STOREFRO
By: /s/ Jack G. B. Ternan_____________William A. Brewer IIIState Bar No. [email protected] G. B. TernanState Bar No. 24060707 [email protected]
Anthony BegonState Bar No. [email protected]
1717 Main Street, Suite 4800Dallas, Texas 75201Telephone: (214) 653-4000Facsimile: (214) 653-1015
ATTORNEYS FOR PLAINTIFFS
-
8/9/2019 Dallas ISD trustee lawsuit
20/72
-
8/9/2019 Dallas ISD trustee lawsuit
21/72
-
8/9/2019 Dallas ISD trustee lawsuit
22/72
-
8/9/2019 Dallas ISD trustee lawsuit
23/72
-
8/9/2019 Dallas ISD trustee lawsuit
24/72
-
8/9/2019 Dallas ISD trustee lawsuit
25/72
-
8/9/2019 Dallas ISD trustee lawsuit
26/72
-
8/9/2019 Dallas ISD trustee lawsuit
27/72
-
8/9/2019 Dallas ISD trustee lawsuit
28/72
-
8/9/2019 Dallas ISD trustee lawsuit
29/72
-
8/9/2019 Dallas ISD trustee lawsuit
30/72
-
8/9/2019 Dallas ISD trustee lawsuit
31/72
-
8/9/2019 Dallas ISD trustee lawsuit
32/72
-
8/9/2019 Dallas ISD trustee lawsuit
33/72
-
8/9/2019 Dallas ISD trustee lawsuit
34/72
-
8/9/2019 Dallas ISD trustee lawsuit
35/72
-
8/9/2019 Dallas ISD trustee lawsuit
36/72
-
8/9/2019 Dallas ISD trustee lawsuit
37/72
-
8/9/2019 Dallas ISD trustee lawsuit
38/72
-
8/9/2019 Dallas ISD trustee lawsuit
39/72
-
8/9/2019 Dallas ISD trustee lawsuit
40/72
-
8/9/2019 Dallas ISD trustee lawsuit
41/72
-
8/9/2019 Dallas ISD trustee lawsuit
42/72
-
8/9/2019 Dallas ISD trustee lawsuit
43/72
-
8/9/2019 Dallas ISD trustee lawsuit
44/72
-
8/9/2019 Dallas ISD trustee lawsuit
45/72
-
8/9/2019 Dallas ISD trustee lawsuit
46/72
-
8/9/2019 Dallas ISD trustee lawsuit
47/72
-
8/9/2019 Dallas ISD trustee lawsuit
48/72
-
8/9/2019 Dallas ISD trustee lawsuit
49/72
-
8/9/2019 Dallas ISD trustee lawsuit
50/72
-
8/9/2019 Dallas ISD trustee lawsuit
51/72
-
8/9/2019 Dallas ISD trustee lawsuit
52/72
-
8/9/2019 Dallas ISD trustee lawsuit
53/72
-
8/9/2019 Dallas ISD trustee lawsuit
54/72
-
8/9/2019 Dallas ISD trustee lawsuit
55/72
-
8/9/2019 Dallas ISD trustee lawsuit
56/72
-
8/9/2019 Dallas ISD trustee lawsuit
57/72
-
8/9/2019 Dallas ISD trustee lawsuit
58/72
-
8/9/2019 Dallas ISD trustee lawsuit
59/72
-
8/9/2019 Dallas ISD trustee lawsuit
60/72
-
8/9/2019 Dallas ISD trustee lawsuit
61/72
-
8/9/2019 Dallas ISD trustee lawsuit
62/72
-
8/9/2019 Dallas ISD trustee lawsuit
63/72
-
8/9/2019 Dallas ISD trustee lawsuit
64/72
-
8/9/2019 Dallas ISD trustee lawsuit
65/72
-
8/9/2019 Dallas ISD trustee lawsuit
66/72
-
8/9/2019 Dallas ISD trustee lawsuit
67/72
-
8/9/2019 Dallas ISD trustee lawsuit
68/72
-
8/9/2019 Dallas ISD trustee lawsuit
69/72
-
8/9/2019 Dallas ISD trustee lawsuit
70/72
-
8/9/2019 Dallas ISD trustee lawsuit
71/72
-
8/9/2019 Dallas ISD trustee lawsuit
72/72