[00:00:02]
[2. Call Meeting to Order]
EVERYONE, AND WELCOME.TODAY'S DATE IS NOVEMBER THE 16TH, 2022.
THE TIME IS 6:00 PM WE'RE HAVING A BOARD WORKSHOP SLASH TRAINING HERE AT THE LANCASTER BOARD AUDITORIUM AT 4 22 SOUTH CENTER AVENUE, LANCASTER, TEXAS 75,146.
TO ENSURE THAT WE ARE IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, I WILL CALL ROE TO ESTABLISH A QUORUM.
MS. WOODFIELD, PRESENT MS. MORRIS HERE, MYSELF PRESENT TONIGHT.
ABSENT WE HAVE MR. CLUES, MR. SMITH AND MR. JONES.
A QUORUM IS PRESENT AT THIS TIME.
WE'RE GONNA GO AHEAD AND GET STARTED.
[5. Board Workshop/Training]
DR.FUR, DID WE HAVE ANY CITIZENS COMMUNICATIONS? NO, MA'AM.
WE'LL GO INTO THE BOARD WORKSHOP TRAINING.
AND MR. EDEN RAMIREZ IS HERE FROM, UH, HANLIN, IT'S LAW FIRM.
AND JUST FOR THE RECORD, I'LL LET TRUSTEES, I WON'T LET YOU ALL KNOW.
UM, WE ALSO HAD KIM KASSON INITIALLY, BUT AFTER SOME CONVERSATION, SHE'S DECIDED THAT WE SHOULD DEFER TO TASB FOR SOME ADDITIONAL TRAINING.
THEY WERE UNABLE TO BE HERE TONIGHT, BUT WE ARE IN PREPARATION OF MAKING, SETTING A DATE FOR THAT ONCE THEY CHECK THEIR SCHEDULES.
CAN YOU REPEAT THAT? KIM KASSIN FROM REGION 10 WILL NOT BE HERE.
SHE HAS RECOMMENDED THAT WE UTILIZE TASB AND ONCE THEY HAVE DATES, WE'LL REACH OUT TO THE BOARD AND WE'LL WORK ON HAVING A TRAINING WITH TASB.
UH, GOOD EVENING, MR. STEVENSON.
MISS, UH, WHITFIELD, MS. MORRIS, DR.
PERRERA, VERY NICE TO BE HERE WITH YOU ALL TONIGHT.
UH, LIKE MS. HAMILTON MENTIONED, I AM ONE OF THE ATTORNEY WITH HANLIN DE AND CASTILLO.
WE ARE COUNCIL FOR YOUR BOARD, AND WE'VE BEEN ASKED TO PUT TOGETHER A TRAINING WORKSHOP FOR Y'ALL TONIGHT.
UH, WITH RESPECT TO THE OVERALL POLICIES THAT IT PERTAINS TO LEGAL, UH, AND AS IT PERTAINS TO ROLES AND RESPONSIBILITIES OF THE BOARD OF THE SUPERINTENDENT, AND JUST RELEVANT INFORMATION THAT'S BE USEFUL FOR THE BOARD.
AND SO I PREPARED THE PRESENTATION.
WE'VE GIVEN THEM THIS PRESENTATION, I DON'T KNOW, ABOUT A HUNDRED TIMES IN DIFFERENT BOARDS ACROSS THE STATE.
SO IT'S A, A PRESENTATION THAT WE'VE, UH, SORT OF PUT TOGETHER AS WE'VE KEPT ON PRESENTING TO PUT IT THAT WAY.
AND WHAT WE'VE LEARNED, WHAT I'VE DONE TONIGHT IS I'VE PULLED EVERYTHING YOU SEE STRAIGHT OUT OF YOUR POLICY.
IT'S NOTHING THAT I'VE REWORDED, IT'S NOTHING THAT I HAVE, UH, CREATED.
IT'S STUFF THAT I PULL OUT DIRECTLY FROM WHAT'S ALREADY IN YOUR OWN BOOKS AND YOUR OWN POLICY.
AND SO THE WHOLE PRESENTATION WILL BE JUST AROUND THAT.
AND SO THE GOAL TONIGHT, I THINK THAT AFTER I SPOKE WITH MS. KIM CASTIN AND, UH, HOW WE WERE GONNA PREPARE THE GOAL WAS FOR ME TO PRESENT SORT OF THE LEGAL ASPECT OF, UH, YOUR BOARD AND RESPONSIBILITIES.
THEN HAVE TASB AND MS. CASTIN PRESENT ON THE DOS AND DON'TS AND ON THE EFFECTIVE, UH, UH, TIPS ON HOW TO BE A GOOD BOARD MEMBER.
SO MY, UH, ROLE TONIGHT WILL FOCUS ON THE LEGAL DOING, DOING DON'TS, AND I'LL BE HERE TO ANSWER ANY QUESTIONS.
I DO ENCOURAGE THAT THROUGHOUT THE PRESENTATION YOU ALL DO.
STOP ME IF YOU HAVE ANY QUESTIONS THAT I CAN CLEAR UP AS I'M GOING THROUGH THE PRESENTATION.
AND WHEN WE'RE DONE WITH THE PRESENTATION, YOU'RE GONNA RECEIVE THIS POWERPOINT YOURSELVES.
SO YOU'RE GONNA HAVE IT TO REFERENCE IT BACK IN THE FUTURE IF YOU NEED TO.
SO, UH, WITHOUT ANY FURTHER, YOU, I'LL KIND OF JUST JUMP RIGHT IN.
AND THEN AS YOU FEEL THE NEED TO STOP ME, PLEASE FEEL FREE TO DO SO.
I'D BE MORE THAN HAPPY TO ANSWER QUESTIONS AS WE GO BY.
SO WE'LL GO AHEAD AND START, AND AGAIN, WE'RE GONNA TALK ABOUT BOARD ROLES AND RESPONSIBILITIES.
UM, AS IT RELATES TO, FOR EACH ITEM REFERENCING WHERE IT CAN BE.
SO, UH, MORE SPECIFICALLY, YOU ARE GONNA BE SEEN THROUGHOUT THE PRESENTATION, THE SPECIFIC SITE FOR THE EDUCATION CODE OR THE SPECIFIC SITE TO YOUR BOARD POLICIES.
SO YOU'LL BE ABLE TO SEE A LOT OF THAT THROUGH THERE IN THE EVENT THAT ONE OF THESE DOESN'T HAVE IT, IT MIGHT BE BECAUSE IT'S A CONTINUATION OF THE PREVIOUS SLIDE THAT I'M STILL ON THE SAME STATUTE.
SO SOME OF THE STATUTES I'VE BROKEN UP INTO SEVERAL SLIDES.
AND SO, BUT WE, IF, IF YOU HAVE A QUESTION AS TO ONE MIGO, FEEL FREE TO STOP ME AND I'M HAPPY TO POINT IT OUT IN THE DIRECTION.
UM, AND JUST, UH, WE'LL START, I'LL START WITH THE TEXAS BULLETIN, CAUSE THAT'S A REALLY GOOD SOURCE.
UH, THE TEXAS BULLETIN IS A REALLY GOOD SOURCE FOR ALL BOARD MEMBERS THAT REALLY CONDENSES ALL THE RELEVANT STATUES FROM ACROSS ALL OF OUR CODES IN TEXAS FOR JUST WHAT'S RELEVANT TO EDUCATION.
SO WHILE IT'S VERY COMPREHENSIVE, IT IS NOT EXHAUSTIVE AS IT DOES TAKE, UH, FROM THE TRANSPORTATION CODE, FROM THE ESTATE CODE, FROM THE EDUCATION CODE, FROM THE ESTATE AND PLANNING CODE, AND IT CONDENSES IT ALL INTO THE, UH, BULLETIN THAT MS. WOODFIELD REFERENCE.
AND IT'S A REALLY GOOD STARTING POINT ON ALL THE STATUES IN OUR STATE THAT, UH, TOUCH THE OPERATIONS AND ASPECT OF A SCHOOL DISTRICT.
SO, VERY GOOD REFERENCE TO, TO START FROM.
SO WE'LL GO AHEAD AND MOVE FROM HERE.
AND AGAIN, UH, WE'RE GONNA BE TALKING ABOUT, ABOUT, UH, A LOT OF BOARD
[00:05:01]
ROLES AND RESPONSIBILITIES, BUT WE'RE ALSO GONNA BE TALKING ABOUT SUPERINTENDENT ROLES AND RESPONSIBILITIES.I ALWAYS FIND IT BEST FOR BOARD MEMBERS NOT ONLY TO KNOW THEIR ROLES AND RESPONSIBILITIES, BUT TO REALLY UNDERSTAND THE ROLE AND RESPONSIBILITY OF THEIR SUPERINTENDENT, AS I THINK THAT REALLY IS HELP, UH, HELPS THE BOARD CREATE A, UH, A DYNAMIC OF UNDERSTANDING WHERE THE HOT POTATO BELONGS IN.
AND I'M GONNA USE A REFERENCE OF THE HOT POTATO.
UH, GOOD AFTERNOON, GOOD EVENING.
UH, BECAUSE I ALWAYS TRY TO, UH, ASK THE BOARD WHO HAS THE HOT POTATO ON THIS ISSUE OR ON THIS MATTER.
AND WHAT I MEAN BY THAT, DOES THE HOT POTATO OR IS THAT ISSUE IN THE HANDS OF THE BOARD WHERE THE BOARD HAS SCOPE AND AUTHORITY? OR IS THE HOT POTATO ON THE SUPERINTENDENT WHERE THE SUPERINTENDENT HAS CONTROL AND AUTHORITY? AND UNDERSTANDING WHERE THE POT POTATO LANDS REALLY HELPS US UNDERSTAND HOW TO HOLD OURSELVES ACCOUNTABLE OR OUR SUPERINTENDENT ACCOUNTABLE DEPENDING ON, UH, WHO ROLE AND RESPONSIBILITY AND ISSUE CAN BE.
AND SO I'M GONNA BE REFERENCING THAT A WHOLE LOT AS WE GO THROUGH IT, CUZ I THINK IT'S REALLY IMPORTANT THAT WE ALL, UH, KNOW WHO WE NEED TO REACH OUT TO AND WHEN WE NEED TO REACH OUT TO THEM FOR DIFFERENT THINGS AS WE'RE GOING THROUGH HERE.
SO, UH, WE'LL GO AHEAD AND START.
I'D JUST LIKE TO SAY MR. CLUES ARRIVED AT 6:06 PM YES, THANK YOU.
SO OUR WORKSHOP OBJECTIVES I PUT UP THERE, REFRESH AND DISCUSS STATE LAWS AND BOARD POLICIES GOVERNING THE DUTIES AND RESPONSIBILITIES OF THE BOARD OF TRUSTEES AND THE SUPERINTENDENT.
AND I KIND OF GOT AHEAD OF THAT AND I ALREADY WENT THROUGH THAT SLIDE.
SO WE'LL GO AHEAD AND MOVE ON OUR GROUND RULES, OF COURSE, PARTICIPATE ACTIVELY.
UH, THIS IS DEFINITELY A WORKSHOP.
IT MEANS THAT WE GET TO WORK WITH EACH OTHER ON THIS.
AND I'M ABLE TO ANSWER QUESTIONS FOR YOU, UH, TAKE MY OWN NOTES IF I NEED TO DO FURTHER RESEARCH TO GET BACK TO YOU AS WELL.
I WANT TO MAKE SURE YOU ALL COME OUT OF THIS UNDERSTANDING THE ENTIRETY OF IT.
AND IF I CAN'T ANSWER SOMETHING TODAY, I WILL MAKE SURE I GET BACK TO YOU TO BE ABLE TO PROVIDE THE PROPER ANSWER.
UH, ASK QUESTIONS, HELP EACH OTHER BE CONSIDERED OF OTHERS AS WE SPEAK.
UH, IF YOU THINK IT, JUST SAY IT AND ENJOY AND HAVE FUN.
AS FUN AS LEGAL PROCESSES CAN BE.
BUT, UH, I FIND IT TO BE FUN, BUT I'M A LAWYER, SO WHAT CAN I SAY? SO WE'LL GO AHEAD AND MOVE ON.
AND THAT REALLY IS ONE OF THE BIG THINGS HERE, RIGHT? DUTIES OF THE BOARD, DUTIES OF THE SUPERINTENDENT ARE GOALS ARE PLANNED AND OUR ACTION.
NOW, I REFERENCE A STAYING IN YOUR LANE A LOT BECAUSE, UM, WHAT WE'RE GONNA FIND OUT AS WE GO THROUGH THE PRESENTATION IS THAT THERE ARE CONSEQUENCES TO THE DISTRICT AND FOR NOT STAYING IN OUR LANE.
AND WHAT I MEAN BY THAT, BY THE DISTRICT IS THAT EVERYONE IN HERE AND HYPER HYPERBOLE SPEAKING, RIGHT? CUZ NOT EVERYONE'S HERE, BUT EVERYONE HERE, WHICH IS YOUR SCHOOL, YOUR PRINCIPALS, YOUR STUDENTS, YOUR ADMINISTRATORS, UH, WILL SUFFER CONSEQUENCES WHEN EVERYONE UP HERE ISN'T ABLE TO STAY IN THEIR LANE.
AND WHAT I MEAN BY THAT IS THAT, UH, THAT'S THE GOVERNANCE FRAMEWORK THAT THE TEXAS EDUCATION AGENCY AND THAT THE COMMISSIONER OF EDUCATION AND THE STATE LEGISLATURE ASK US TO DO.
WHENEVER A SCHOOL DISTRICT HAS A GOVERNANCE PROBLEM WHERE WE'RE NOT IN OUR LANE TA STEPS IN, WHEN TA STEPS IN, UH, TO CORRECT A GOVERNANCE ISSUE IN A SCHOOL DISTRICT, THE, UH, STEPPING OF TA CAN BE IN SEVERAL WAYS.
IT CAN BE A THROUGH A MONITOR, WHICH IS SOMEONE TA SENDS OVER TO A DISTRICT TO OVERSEE THE OPERATIONS OR THE GOVERNANCE OF THE DISTRICT AND DETERMINE WHETHER OR NOT THE BOARD IS STAYING IN THEIR LANE, RIGHT? OR, OR THE SUPERINTENDENT.
UH, IT CAN BE MORE THAN A MONITOR, IT CAN BE A CONSERVATOR THAT SOMEONE WHO IS ABLE TO COME INTO A SCHOOL DISTRICT HAS VETO POWER OVER THE BOARD, HAS VETO POWER OVER THE SUPERINTENDENT AND HAS DIRECTIONAL POWER OVER THE BOARD.
AND SUPERINTENDENT, OR THE MOST CONSEQUENTIAL, UH, CONSEQUENCE OF TA IS A, A BOARD OF MANAGERS.
AND A BOARD OF MANAGERS ESSENTIALLY REPLACES A BOARD.
AND SO THE REASON I DRAW THAT EXAMPLE, AND I WANT THAT TO BE THE PREMISE OF WHAT WE'RE DOING DOING, IS BECAUSE THAT IS A VERY REAL TANGIBLE CONSEQUENCE.
AND WHAT I MEAN BY THAT IS THAT I'VE WORKED WITH DISTRICTS AND I WORK WITH DISTRICTS WHO HAVE CONSERVATORS, WHO BECAUSE OF A GOVERNANCE ISSUE, NOT STAYING IN OUR LANES, TA HAS COME IN AND A TAKEN OVER THE DISTRICT, OR B ATTEMPTED TO TRY TO TAKE OVER.
AND SO IF YOU LOOK AT THE NEWS AND YOU GOOGLE, FOR EXAMPLE, HOUSTON ISD AND WHAT THEY'RE GOING THROUGH, HOUSTON ISD ISSUE WAS A GOVERNANCE ISSUE.
AND I MENTION IT ONLY BECAUSE IT IS A PUBLIC INFORMATION MATTER.
YOU CAN READ FOR YOURSELF IN THE NEWS, NOT BECAUSE THERE'S ANYTHING THAT I KNOW ABOUT THAT MORE THAN YOU DO, BUT BECAUSE THAT'S WHAT WE CAN SEE IN THERE.
AND IF YOU LOOK AT OTHER DISTRICTS THAT I'VE WORKED WITH, FOR EXAMPLE, THERE WAS A DISTRICT WHO, IN ISSUING RELIEF FOR AN EMPLOYEE, ANY GRIEVANCE, THE BOARD DID NOT FOLLOW THEIR POLICY.
SO THE BOARD SAID, THIS IS OUR POLICY, BUT WE ACTUALLY WANT TO GRANT THIS RELIEF, NOT WHAT THE POLICY SAYS.
AND SO TA CAME INTO THAT DISTRICT AND SAID, YOU VIOLATED YOUR LOCAL POLICIES, YOUR GOVERNANCE MODEL, YOU WERE NOT ENFORCING
[00:10:01]
POLICIES BY GIVING ANOTHER REMEDY, AND THEREFORE WE'RE GONNA APPOINT A CONSERVATOR.AND SO IN THAT DISTRICT, A CONSERVATOR HAS BEEN THERE FOR A LITTLE OVER A YEAR AND A HALF JUST BECAUSE THE BOARD GRANTED RELIEF TO A GRIEVING EMPLOYEE OUTSIDE OF THE BOARD POLICY FRAMEWORK.
AND SO I START WITH THAT BECAUSE THAT'S HOW CONSEQUENTIAL THIS WHOLE PRESENTATION IS.
AND I, AND I THINK IT'S IMPORTANT FOR BOARDS TO KNOW THAT, AND THIS IS NOT SOMETHING THAT'S SPECIAL TO THE PRESENTATION I'M GIVING TO YOU TODAY.
IT'S SOMETHING I BASE THIS PRESENTATION ON IN EVERY DISTRICT THAT I WORK WITH, BECAUSE THAT'S THE WHOLE PURPOSE OF THIS SPECIFIC TRAINING AND WORKSHOP.
SO WE'RE GONNA MOVE IN WITH THAT, AND I WANT THAT TO BE THE FOUNDATION OF WHAT WE'RE TALKING ABOUT.
SO I CAN BUILD ON THAT AS WE GO THROUGH TONIGHT.
UM, SO LET'S START OFF WITH THE MOST BASIC PART OF WHAT WE'RE TALKING ABOUT.
IN ADDITION TO THE BULLETIN THAT MS. WOODFIELD TALKED ABOUT, THERE ARE SPECIFIC RESOURCES FOR YOUR SCHOOL BOARD THAT YOU CAN PULL UP YOURSELF THAT PERTAIN AND THAT ARE TAILORED TO YOU.
AND BY SIMPLY GOOGLING, UH, LANCASTER IS BOARD POLICY, ALMOST ALWAYS.
THE VERY FIRST LINK WILL BE FROM TASB AND IT SAYS INDEX POLICY ONLINE.
AND IF YOU CLICK ON THAT LINK, IT'LL TAKE YOU TO YOUR NEW BOARD POLICY, UH, LANDING PAGE.
AND I SHOWED TWO IMAGES SO YOU CAN SEE WHAT THAT LOOKS LIKE.
THE IMAGE ON THE LEFT IS THE COURSE, THE GOOGLE SEARCH, THE IMAGE ON, ON THE RIGHT IS THE ACTUAL LANDING PAGE THAT LETS YOU SEE ALL OF YOUR POLICIES, UH, BASED ON DIFFERENT SECTIONS OF SCHOOL OPERATIONS AND PROCEDURES.
AND SO THAT'S A GREAT RESOURCE BECAUSE EVERYTHING YOU GO THROUGH AS A BOARD MEMBER, EVERYTHING YOU GO THROUGH AS A SCHOOL DISTRICT, WHETHER YOU'RE ADMIN OR WHETHER YOU'RE AN EMPLOYEE, OR WHETHER YOU'RE THE ATTORNEY OR WHETHER YOU'RE THE BOARD, WILL START HERE IN THIS REALM.
AND WHAT I MEAN BY THAT IS THAT THERE IS ALMOST NOTHING THAT ISN'T ADDRESSED IN YOUR BOARD POLICY AS A STARTING JUMPING POINT.
AND SO IF YOU GO THROUGH BOARD POLICY, YOU WILL SEE IT'S BROKEN UP INTO DIFFERENT SECTIONS.
THE SECTIONS RANGE FROM BA UH, BASIC DISTRICT, FOUNDATION, BOARD GOVERNANCE, STUDENTS, PARENTS, CURRICULUM, ACADEMICS, UH, FACILITIES AND EVERYTHING WILL BE THERE FOR YOU.
AND SO I RECOMMEND THAT YOU ALL TAKE ADVANTAGE OF THIS RESOURCE AS A GOOD STARTING POINT WHEN YOU'RE WANTING TO FIND OUT, UH, HOW, WHO, WHEN, WHAT, UH, SOMETHING YOU'RE CURIOUS ABOUT, UH, IS TO YOU OR IS IMPORTANT TO YOU.
ANOTHER GOOD RESOURCE THAT YOU CAN FIND, UH, AND I PULLED THIS ONE FROM YOUR WEBSITE, IS OF COURSE YOUR BOARD OPERATING GUIDELINES.
YOUR BOARD OPERATING GUIDELINES SERVE AS THE FORMAL CONTRACT THAT YOU AS A BOARD SAY YOU AGREE TO, TO OPERATE AND FUNCTION AS A BOARD.
THESE TWO INSTRUMENTS TOGETHER ALLOW YOU TO ESSENTIALLY GOVERN.
AND THIS IS SORT OF THE RULE THAT YOU'LL BE MEASURED BY WHEN CONSIDERING WHETHER OR NOT YOU AS A DISTRICT IS FOLLOWING YOUR OWN POLICIES AND PROCEDURES.
AND SO WHEN YOU MARRY THESE TWO TOGETHER, THEY CREATE THE BASIC FOUND FOUNDING DOCUMENTS OF YOUR SCHOOL DISTRICT.
NOW, THE BEAUTIFUL THING ABOUT ALL THESE DOCUMENTS IS THAT TO SOME EXTENT, AND TO SOME DEGREE, THE BOARD HAS SOME AUTONOMY ON TAILORING AND CREATING THEM AND GIVING INPUT TO THEM.
YOUR BOARD POLICY IS DIVIDED INTO TWO SECTIONS.
BOARD POLICY, LEGAL BOARD POLICY, LOCAL, LOCAL POLICY IS ONE THAT YOU ARE ABLE TO PROVIDE INPUT AND CREATE AND ALTER AND CHANGE BASED ON THE METRICS AND PARAMETERS THAT LEGAL POLICY PROVIDES FOR US.
AND THEN IN ADDITION TO THAT, YOU HAVE YOUR BOARD OPERATING GUIDELINES.
AND SO YOUR BOARD OPERATING GUIDELINES ARE ALSO A DOCUMENT THAT YOU AS A BOARD ARE ABLE TO AMEND AND WORK WITH AND CREATE OVER TIME ON HOW IT BEST WORKS FOR YOU.
AND SO I ALWAYS RECOMMEND BOARDS TO LOOK AT THEIR OPERATING GUIDELINES IN ORDER TO SEE HOW THEY CAN GET BETTER, HOW THEY CAN DO BETTER, AND HOW THEY CAN GROW BASED ON HOW THE BOARD GROWS, UH, IN, IN A DISTRICT.
AND I THINK BOARD PRESIDENT HAMILTON HAS TO TAKE THE TIME.
JUST FOR THE RECORD, SAY MR. JONES ARRIVED AT SIX.
AND SO I BRING THESE UP BECAUSE, UM, YOU'LL SEE THEY HAVE THE LINKS ON THERE CUZ I ALWAYS THINK IT'S A GREAT RESOURCE FOR BOARD MEMBERS TO KNOW WHERE THEY'RE EMPOWERED AND HOW THEY'RE EMPOWERED.
I'M A FIRM BELIEVER THAT THESE DOCUMENTS REALLY DO GIVE THE BOARD A LOT OF AUTONOMY AND A LOT OF, UH, CONTROL OVER THE, THEIR ROLE AS BOARD MEMBERS.
AND I THINK THAT WHEN YOU USE THEM TO YOUR ADVANTAGE IN THE WAY THAT BEST SUITS YOU AND YOU TAILOR THEM, I THINK YOU REALLY HAVE AN EMPOWERING BOARD THAT REALLY IS REFLECTIVE OF THE NEEDS AND WANTS OF THE COMMUNITY TO WORK TOGETHER.
AND SO I THINK THAT WHEN WE LOOK AT THEM, THAT'S A OUR BEST WAY TO START.
AND FROM HERE FORWARD, THE PRESENTATION THAT I'M DELIVERING IS PULLING OUT OF THESE DOCUMENTS IN THESE AREAS BASED ON HOW YOUR DISTRICT IS CURRENTLY ORGANIZED IN BOARD LEGAL, BOARD LOCAL, AND IN YOUR OPERATING GUIDELINES.
SO WHY REVIEW ROLES AND RESPONSIBILITIES? I TELL PEOPLE ALL THE TIME, THE PRIMARY SOURCE OF BOARD SUPERINTENDENT OR BOARD BOARD CONFLICT IS
[00:15:01]
THE FAILURE OF ONE OR BOTH PARTIES TO UNDERSTAND THE ROLE AND THE SCHOOL GOVERNANCE PROCESS.I TALKED ABOUT THE HOT POTATO.
IF WE DON'T KNOW WHO HAS THE HOT POTATO, WE DON'T KNOW WHO'S RESPONSIBLE, RIGHT? IF WE DON'T KNOW WHO HAS THE HOT POTATO, WE DON'T KNOW WHO TO HOLD ACCOUNTABLE.
I AM A FIRM BELIEVER THAT IF WE ALL KNOW WHAT WE'RE EACH HERE TO DO, WE'LL BE ABLE TO SOLVE A LOT OF OUR ISSUES AS WE GO THROUGH THIS.
AND ALSO A PROPER UNDERSTANDING OF THE RESPECTIVE ROLES, UH, SUPPORT ROLES AND SOUND AND ONGOING MANAGEMENT TO RESOURCES IS ANOTHER REASON WHY YOU WANT TO KNOW THIS.
BECAUSE YOU ARE THE POWER OF THE PURSE AS A BOARD, RIGHT? YOU KNOW, WHERE YOU'RE ALLOCATING YOUR RESOURCES AND HOW TO ALLOCATE THEM, WHERE TO ALLOCATE THEM.
AND SO UNDERSTANDING WHERE THAT FALLS WITHIN THE SCOPE OF WHAT YOU NEED TO DO AND WHAT YOU ARE RESPONSIBLE TO DO, I THINK IS WHERE WE START WITH A LOT OF THIS.
UM, ANOTHER ONE IS ROLE IDENTIFICATION, RIGHT? UH, IN TEAM RELATIONSHIPS, YOU SHOW THE COMMUNITY THAT YOU ARE A PROFESSIONAL MANAGEMENT TEAM, THAT YOU'RE JUST NOT SOMEONE WHO'S HERE, YOU KNOW, VOTING UP AND DOWN AND STUFF YOU DON'T KNOW.
BUT THAT WE'RE SHOWING THAT THE EXPECTATION WE CREATE AS A BOARD AMONGST OURSELVES IS ONE THAT TRANSLATES DOWN TO THE EXPECTATION THAT WE HAVE FOR EVERYBODY IN THIS ROOM, UH, HERE AS A DISTRICT.
UM, AND LASTLY IS A PROPER ROLE ALLOCATION GIVES ALL STAKEHOLDERS A VOICE IN THE DISTRICT DECISION MAKING PROCESS.
I'VE NEVER SEEN A SITUATION IN ANY SCHOOL DISTRICT WHERE THROUGH PROPER GOVERNANCE MODELS, THE BOARD OR THE SUPERINTENDENT ISN'T ALLOWED OR DOESN'T HAVE THE OPPORTUNITY TO, AT THE VERY MINIMUM EXPRESS THEMSELVES THEIR, UH, CONDONING OR THEIR CONDEMNATION OF SOMETHING THAT IS HAPPENING IN THE DISTRICT.
AND I THINK THAT WHENEVER WE LOOK AT BOARD POLICY AS THE WHOLE SOCIAL CONTRACT THAT WE HAVE WITH EACH OTHER, IT REALLY GIVES EVERYONE A VOICE ON HOW AND WHERE THE DISTRICT IS GOING.
AND SO THOSE ARE SOME OF THE REASONS WHY I THINK IT'S VERY IMPORTANT WE REVIEW THIS.
AND SO ROLES OF THE BOARD, A LOT OF WHAT YOU'RE GONNA SEE HERE MOVING FORWARD IS GONNA COME OUT STRAIGHT OUT OF DISTRICT POLICY B A LEGAL.
AND SO THIS PROVIDES FOR YOU A USEFUL SUMMARY OF ALL THE BOARD'S ROLES AND RESPONSIBILITIES AND AN ALMOST EXHAUSTIVE LIST VERBATIM.
AND SO A LOT OF WHAT YOU'RE GONNA SEE MOVING FORWARD HERE, UH, WILL BE STRAIGHT FROM THIS POLICY.
AND THEN I'LL BE DOING CITATIONS FROM OTHER STATUTES AS WE'RE KIND OF GOING THROUGH IT AND WE'RE MOVING FORWARD WITH THIS.
SO THE FIRST PART I THINK THAT'S REALLY IMPORTANT IS FOR YOU TO UNDERSTAND WHAT YOUR LEGAL STATUS AS A BOARD IS AND WHAT YOUR ANGER MAKEUP OF THE BOARD, RIGHT? YOU ALL HAVE A PRESIDENT, YOU HAVE A, A VICE PRESIDENT, YOU HAVE A SECRETARY.
WHAT DOES ALL THAT MEAN? WHAT ARE THEY, WHAT, WHAT CAN THEY DO, CAN THEY NOT DO? RIGHT? UH, WHAT IS THE LEGAL STATUS OF THE BOARD AS AS A BODY? AND SO WE'RE GONNA START WITH THAT TODAY.
SO ACCORDING TO EDUCATION CODE 11 1 51, THE TRUSTEES AS A BODY CORPORATE HAVE THE EXCLUSIVE POWER OF AND DUTY TO GOVERN AND OVERSEE THE MANAGEMENT OF THE PUBLIC SCHOOLS OF THE DISTRICT.
NOW, THAT'S A VERY SHORT SENTENCE THAT IT SAYS A WHOLE LOT.
AND FROM THIS ONE SPECIFIC STATUTE AND ENTIRE SLEW OF STATUTES OPEN UP IN THE EDUCATION CODE THEMSELVES, THAT GIVE DEFINITION TO EVERYTHING YOU SEE HERE, RIGHT? WHAT IS THE BODY CORPORATE, WHAT IS THE EXCLUSIVE POWER? WHAT IS THE DUTY TO GOVERN AND OVERSEE? WHAT IS THE DUTY OF OVERSEEING MANAGEMENT OF THE PUBLIC SCHOOLS AND HOW ALL, HOW ALL THAT RELATIONSHIP WORKS? BUT THE PART I WANT TO TAKE AWAY FROM HERE IS THAT YOU ARE A CORPORATE BODY.
AND WHAT THAT MEANS IN TEXAS IS THAT YOU ARE NOT A SINGULAR INDIVIDUAL IN THIS DISTRICT AS A BOARD.
YOU ARE A BOARD OF SEVEN WHO COLLECTIVELY MAKE THE SINGLE BODY GOVERNING THE DISTRICT.
AND THAT'S IMPORTANT BECAUSE OFTENTIMES, UM, THERE'S FRUSTRATION AMONGST BOARDS WHENEVER THERE ARE DIFFERENT OPINIONS OF THE BOARD.
UH, FOR BETTER OR FOR WORSE, THAT IS THE BEAUTY OF OUR DEMOCRACY.
THAT IS THE BEAUTY OF OUR SYSTEM AND THE WAY THE SYSTEM IS CREATED.
WE SEE THAT AND WE SEE THESE ISSUES, UH, AND THEY'RE INHERENT TO BODIES ALL THE WAY FROM WASHINGTON DC TO AUSTIN TO OUR BOARDROOMS LOCALLY ACROSS THE COUNTRY, RIGHT? YOU SEE GRIDLOCK AND WASHINGTON, YOU SEE GRIDLOCK IN AUSTIN, YOU SEE GRIDLOCK IN OUR BOARDROOMS AND SCHOOL ROOMS. AND SO THAT'S JUST THE NATURE OF THE BEAST IS WHAT I TELL PEOPLE.
THAT'S PART OF WHAT IS OUR FRUSTRATION.
THAT'S PART OF WHAT IS WHAT MAKES US AWESOME BECAUSE WE DO HAVE THIS ABILITY TO BE A UNITING GOVERNING BODY, ELECTED BY THE PEOPLE TO DO THE JOB.
WE'RE DOING THAT A LOT OF PEOPLE AND A LOT OF COUNTRIES IN THIS WORLD DON'T HAVE THE OPPORTUNITY TO DO.
AND SO, UM, FOR BETTER OR FOR WORSE, WE ARE A CORPORATE BODY.
WE ACT ONLY IN THIS BOARDROOM, AND WE ACT ONLY HERE TOGETHER THROUGH A VOTE OF A MAJORITY, UM, INDIVIDUAL AUTHORITY.
ACCORDING TO, UH, AGAIN, 11,051 THAT RUNS A ONE ALL THE WAY DOWN.
BOARD MEMBERS AS INDIVIDUALS SHALL NOT EXERCISE AUTHORITY OVER THE DISTRICT, ITS PROPERTY OR ITS EMPLOYEES EXCEPT FOR APPROPRIATE DUTIES AND FUNCTIONS OF THE BOARD PRESIDENT.
[00:20:01]
NOT ACT ON BEHALF OF THE BOARD ONLY WITH THE EXPRESS AUTHORIZATION OF THE BOARD WITHOUT SUCH AUTHORIZATION.NO INDIVIDUAL MEMBER MAY COMMIT THE BOARD ON ANY ISSUE.
AND AGAIN, THAT'S SORT OF AGAIN, BUILDING ON THE PREVIOUS STATUTE THAT I JUST READ OFF OF.
IT ESSENTIALLY SAYS HERE THAT MS. MORRIS CAN'T GO SIGN A CONTRACT FOR NEW BUSES UNLESS WE BRING THE CONTRACT FOR NEW BUSES TO THE BOARD TO VOTE ON.
RIGHT? IT SAYS HERE THAT MS. HAMILTON CAN GO OUT THERE AND COMMIT THE BOARD TO A PROJECT OR TO SOMETHING WITHOUT IT COMING TO THE BOARD FOR APPROVAL.
BECAUSE AGAIN, IF WE LOOK AT THE PREVIOUS STATUTE, IT SAYS WE ACT AS A BODY CORPORATE.
NONE OF US HERE HAVE THE AUTHORITY TO COMMIT THE DISTRICT OR, UH, TO DO ANYTHING ON BEHALF OF THE BOARD OR ON BEHALF OF THE COMMUNITY.
WHAT, WHAT ARE THE EXCEPTIONS? THE EXCEPTIONS ARE SPECIFICALLY THE ONES THAT ARE EXPRESSLY AUTHORIZED BY THE BOARD.
SO FOR EXAMPLE, UH, THE BOARD COULD IN THEORY VOTE TO GIVE A BOARD MEMBER THE POWER TO DO SOMETHING.
AND TO GIVE YOU AN EXAMPLE ON THAT, UH, THE BOARD COULD AUTHORIZE THE SUPERINTENDENT AND BOARD PRESIDENT, UH, TO NEGOTIATE AND EXECUTE A CONTRACT FOR A CONSTRUCTION, RIGHT? AND SO IN THAT CASE, WHEN THE BOARD VOTES TO DELEGATE THE AUTHORITY TO EXECUTE THE CONTRACT, THAT MEANS THAT THE BOARD, ACCORDING TO THIS, EXPRESSLY AUTHORIZE THE BOARD PRESIDENT TO GO SIGN A CONTRACT ON BEHALF OF THE BOARD.
AND SO THE EXCEPTION IS ONLY THE EXCEPTIONS THE BOARD CREATES AND THAT THE BOARD VOTES ON.
THERE WOULDN'T NECESSARILY BE A LIST OF EXCEPTIONS THAT, UH, THAT ARE, UM, THAT ARE OUT THERE, UH, EXCEPT WHAT THE BOARD DOES.
AND SO IF WE LOOK AT THIS STATUE WE SEE HERE, AN INDIVIDUAL MEMBER MAY ACT ON BEHALF OF THE BOARD ONLY WITH THE EXPRESS AUTHORIZATION OF THE BOARD.
AND SO THAT WOULD BE THE EXCEPTION, BUT IT COULD BE INFINITE NUMBER OF EXCEPTIONS.
IT'S JUST A MATTER OF THE BOARD AUTHORIZING THE EXCEPTION.
AND THAT, AND THAT IS WHAT WOULD BE LOCATED IN LEGAL OR WELL, I GUESS OUR LOCAL POLICY ON WHAT IS AUTHORIZED OR SO.
SO THERE IS NO LOCAL POLICY RIGHT NOW THAT ALLOWS ANY EXCEPTIONS TO THIS BECAUSE WE LOCAL POLICY CANNOT TRUMP YOUR, UH, EDUCATION CODE.
AND SO ACCORDING TO THE EDUCATION CODE, THE ONLY TIME AN INDIVIDUAL BOARD MEMBER MAY ACT ON BEHALF OF THE BOARD IS WITH THE EXPRESS AUTHORIZATION OF THE BOARD IS AND WHEN YOU SAY THE EXPRESS AUTHORIZATION OF THE BOARD WILL, UM, JUST, JUST FOR UNDERSTANDING, SURE.
THIS WILL BE SOMETHING THAT'S AUTO AUTOMATICALLY IN WRITE OR ALREADY IN WRITING AND OR THAT HAS BEEN PRESENTED AND WE STATE YES, THAT THE LATTER WOULD BE THE MOST CORRECT ONE.
IT'S SOMETHING THAT, THAT UH, YOU BRING TO THE BOARD FOR APPROVAL THAT LETS THEM MOVE FORWARD WITH THAT.
ANY OTHER QUESTIONS ON THIS ONE? I DO, YES, MA'AM.
UM, JUST KINDA WANNA MAKE THAT KINDA A LITTLE BIT, WHEN PROFESSOR SAID, LIKE A SIXTH GRADER CAN UNDERSTAND IT, IS I WANT TO GO IN DISCIPLINE AN EMPLOYEE.
WELL, I'M A BOARD MEMBER ONE, BOARD MEMBER ONE, THE QUESTION WOULD BE, BECAUSE I WANNA GO AND DISCIPLINE A PRINCIPAL, AM I IN MY LANE? NO.
NOW, IF THE, IF IT COMES TO THE BOARD TO SAY, OH, WE ARE GOING TO GIVE CAROLYN MORRIS THE AUTHORIZATION TO GO DISCIPLINE PRINCIPLE, IS THE BOARD IN THEIR LANE? NO.
AND SO THAT WILL CAUSE A TEA RECOGNITION FOR EITHER A CONSERVATOR AND IF IT CONTINUE, IT WILL BE, IT WILL BE A BOARD OF MANAGEMENT, RIGHT? SO YOU BRING UP A VERY GOOD, UH, EXAMPLE OF DIFFERENT POWERS CROSSING AND INTERSECTING.
SO THE FIRST POWER WE WERE TALKING ABOUT IS THE POWER OF THE BOARD TO DELEGATE TO A BOARD MEMBER, THE AUTHORITY TO ACT ON BEHALF OF THE BOARD.
HOWEVER, IN THE EXAMPLE THAT MS. MORRIS GAVE, SHE WAS SHOWING US ANOTHER POWER OF STAYING NEAR LANE, WHICH IS THAT THE BOARD ONLY HAS ONE EMPLOYEE.
PERRA WHO'S SITTING RIGHT THERE WITH YOU.
THE BOARD DOES NOT HAVE THE AUTHORITY TO DISCIPLINE ANY EMPLOYEE IN THE SCHOOL DISTRICT, WITH THE EXCEPTION OF THE SUPERINTENDENT.
SO IN MS. MORRIS'S EXAMPLE, EVEN THOUGH THE BOARD HAS THE POWER TO DELEGATE THE AUTHORITY TO A BOARD MEMBER TO DO SOMETHING, THE BOARD DOES NOT HAVE THE AUTHORITY TO DISCIPLINE AN EMPLOYEE.
[00:25:01]
WAS GIVING THE EXAMPLE.WHILE YOU HAVE ONE POWER, YOU DON'T HAVE THE AUTHORITY TO DO SOMETHING ELSE.
AND WHEN THEY INTERSECT IN THAT EXAMPLE, THE BOARD WILL BE OVERSTEPPING AND NOT STAYING IN ITS LANE.
COULD YOU ALSO EXPLAIN LIKE FOR SAY, UM, YOU KNOW HOW LIKE TONIGHT WE ORGANIZED THIS, UM, WORKSHOP.
SO BASICALLY YOU ALL WORKED WITH MYSELF, DR.
PER, YOU KNOW, YOU AND KIM HASTON.
SO I DIDN'T BOARD MEMBERS REQUESTED THE WORKSHOP, BUT OF COURSE I DID NOT HAVE TO GET WITH THE BOARD TO ORGANIZE THE WORKSHOP.
AS WELL AS JUST AN EXAMPLE, WHEN WE HAVE A BOARD RETREAT, THAT'S SOMETHING THAT MYSELF AND THE SUPERINTENDENT WORKS ON AND SHE WORKS ON GETTING A FACILITATOR AND WE DO THAT WORK TOGETHER, THAT DOES NOT CONSTITUTE THE WHOLE BOARD PUTTING THAT TOGETHER AS WELL AS JUST SAY, SETTING THE AGENDA, RIGHT? UM, THE SUPERINTENDENT AND THE BOARD PRESIDENT SETS THE AGENDA, RIGHT? THE WHOLE BOARD WOULD NOT SET THE AGENDA.
CUZ AT THAT POINT IT TURNS INTO A BOARD MEETING.
SO I'M LITERALLY GOING INTO, SO I JUST WANNA MAKE SURE BOARD OFFICERS CLARIFY THAT.
SO THERE WON'T BE ANY MISCOMMUNICATION AS TO LIKE, AS YOU SAID, THE BOARD PRESIDENT CAN'T REALLY JUST MAKE DECISIONS WITHOUT THE BOARD, RIGHT? BUT ON SOME OF THOSE INSTANCES, THERE ARE THINGS THAT ARE PUT TOGETHER WITHOUT THE ENTIRE BOARD.
SO I JUST WANNA MAKE SURE THAT'S CLEAR, RIGHT? AND, AND, AND I'LL, I'LL GIVE THE EXAMPLE TO THAT WITH WHERE I'M GOING UP RIGHT NOW, WHICH IS BOARD OFFICERS.
AND IT'S A GOOD EXAMPLE, RIGHT? BECAUSE YOU HAVE BOARD OFFICERS, YOU HAVE A BOARD PRESIDENT, SECRETARY AND VICE PRESIDENT, AND THERE IS A DIFFERENCE OF IN COMMITTING THE DISTRICT TO SOMETHING AND ORGANIZING AND DOING SOMETHING FOR THE BOARD.
AND THAT'S WHERE I THINK PRESIDENT HAMILTON IS, IS TRYING TO DRAW SORT OF THE DISTINCTION OF WHERE WE MOVE AND WHERE WE DON'T MOVE FROM HERE.
SO EXAMPLE, BOARD OFFICERS PRESENT IN ADDITION TO THE DUTIES REQUIRED BY LAW, THE PRESIDENT OF THE BOARD SHALL DIRECT LEGAL COUNSEL SET BOARD AGENDAS AND CALL SPECIAL MEETING PRESIDE AT ALL BOARD MEETINGS UNLESS UNABLE TO ATTEND, HAVE THE RIGHT TO DISCUSS, MAKE MOTIONS AND RESOLUTIONS, AND VOTE ON ALL MATTERS COMING BEFORE THE BOARD.
NOW THAT'S ONE SECTION OF THE BOARD, UH, OF WHAT YOU'RE TALKING ABOUT, UH, WITH, WITH THE BOARD PRESIDENT.
SO THERE'S A DIFFERENCE IN SETTING AN AGENDA AND CREATING AN ITEM OR SETTING A PRESENTATION FOR THE BOARD.
AND THERE'S A DIFFERENCE IN SETTING A PRESENTATION, SETTING A TRAINING FOR THE STAFF.
SO FOR EXAMPLE, PRESIDENT HAMILTON CANNOT, UH, HIRE CONSULTANT TO COME IN AND PRESENT TO THE STAFF ON SEXUAL HARASSMENT BECAUSE BOARD PRESIDENT HAMILTON DOES NOT HAVE THAT AUTHORITY BOARD.
PRESIDENT HAMILTON OR ANY WHOEVER'S BOARD PRESIDENT FOR THAT MATTER, HAS THE AUTHORITY TO WORK WITH LEGAL COUNSEL TO BRING TRAININGS TO THE BOARD, TO ORGANIZE BOARD RETREATS, TO ORGANIZE BOARD TRAININGS, TO HIRE CONSULTANTS TO COME IN AND TRAIN THE BOARD.
BUT DO YOU SEE HOW THE DIFFERENCE IS ONE OF SOMETHING BEING GIVEN TO THE BOARD VERSUS SOMETHING BEING DONE ON BEHALF OF THE DISTRICT FOR THE STAFF? I I UNDERSTAND.
I'M TRY, I'M TRYING TO BE AS CLEAR AS POSSIBLE WITH THAT.
DOES THAT MAKE SENSE ABOUT THAT? MM-HMM.
SO THAT WOULD BE THE, THE DIFFERENCE AT THAT POINT, UM, THE BOARD PRESIDENT, NO MATTER WHO IT IS, RIGHT, HAS THAT AUTONOMY WITH THAT IN TERMS OF CREATING THE AGENDA, SETTING THE AGENDA, SETTING TRAININGS, CREATING TRAININGS, MEETING WITH THE SUPERINTENDENT, MEETING WITH LEGAL COUNSEL, UM, IN TERMS OF DOING THAT.
AND WHEN BOARD PRESIDENT HAMILTON IS, IS NOT THERE, OR IF SHE EVER STEPS OUT OR GOES SOMEWHERE ELSE AND SOMEBODY ELSE IS THERE, THAT'S WHO IT WOULD THEN FALL TO TO CONTINUE DOING THAT ASPECT OF THE WORK FOR THE BOARD.
DOES THAT ANSWER THE QUESTION PRESIDENT HAMILTON? YOU DID THANK.
SO, UM, AS IT RELATES TO BOARD AGENDAS BY LAW, HOW ARE THE AGENDA SUPPO PER LAW, HOW ARE THE AGENDAS SUPPOSED TO COME ABOUT SET UP AND PER LAW, WHO IS SUPPOSED TO GET THAT TOGETHER? HOW DOES THAT WORK? REALLY GOOD QUESTION.
I'M GONNA, I DO HAVE A WHOLE LITTLE SECTION ON THAT AS I GO FORWARD IT, BUT JUST TO QUICKLY ANSWER AND, AND KIND OF JUMP INTO IT AS WE GO THROUGH IT, UH, THE LAW ESSENTIALLY STATES THAT THE AGENDA IS SET BY THE BOARD PRESIDENT AND THE SUPERINTENDENT.
THE SUPERINTENDENT PREPARES THE AGENDA PRESENTED TO THE BOARD PRESIDENT.
THE BOARD PRESIDENT REVIEWS THE AGENDA, UH, AND DETERMINES WHAT ITEMS WILL STAY ON THAT AGENDA OR BE PASSED TO THE NEXT AGENDA.
BUT THE BOARD PRESIDENT CANNOT DELETE ITEMS FROM THE AGENDA.
SO FOR EXAMPLE, IF THERE IS A, IF THERE IS A HUNDRED ITEMS COMING INTO THAT AGENDA AND THE BOARD PRESIDENT HAS THE AUTHORITY AND THE DISCRETION TO SAY, WE'RE ONLY GONNA DEAL WITH 50 THIS MEETING, WE'RE GONNA CARRY 50 OVER TO THE NEXT MEETING.
BUT AT NO TIME CAN THE BOARD PRESIDENT SAY WE'RE ONLY DOING 50, LET'S SCRAP THE OTHER 50 THAT THEY DON'T HAVE THE AUTHORITY TO DO.
BUT, UH, THE ULTIMATE AUTHORITY IS THE BOARD PRESIDENTS TO SET THE AGENDA, APPROVE IT, AND PO AND FOR POSTING AND CALL THE
[00:30:01]
CALL A MEETING, ESSENTIALLY.THAT'S THE SHORT ANSWER TO THAT.
BUT THERE'S MORE TO IT AS, AS WE GO THROUGH IT.
SO THE BOARD, THERE'S DE DELEGATING THE BOARD ELECTS THE BOARD PRESIDENT TO BE THE LIAISON PERSON BETWEEN THE BOARD AND THE SUPERINTENDENT AND COUNCIL.
IS THAT TRUE? SO THE, IT'S TRUE THAT THE BOARD ELECTS THE PRESIDENTS.
UM, THE OTHER PART IN WORKING LAY LIAISON WITH THE BOARD WITH THE SUPERINTENDENT OF LEGAL COUNSEL, THAT'S STATUTE BASE.
SO THE STATUTE SAYS NOT BECAUSE YOU ALLOW IT AS A BOARD, BUT BECAUSE STATUTE SAYS THAT THEY WORK WITH THE SUPERINTENDENT TO SET THE AGENDA AND THEY WORK WITH LEGAL AND DIRECT LEGAL WORK.
I'M SORRY, THEY BEING BOARD PRESIDENT THAT THE POSITION OF BOARD PRESIDENT OF A BOARD.
I JUST WANT YOU TO BE REMINDED TO PLEASE SPEAK ON THE MIC SO THEY CAN HEAR YOU ONLINE.
SO, UM, MY NEXT STATEMENT, TRUE OF FALSE IS THAT THE BOARD MEET AS WE DESIGNATE, WE MEET ONCE A MONTH.
SO THE MEETING OF THE BOARD IS THE MEETING OF THE BOARD AND THE SUPERINTENDENT FOR DISTRICT AFFAIRS.
DREW FALLS, ARE YOU TALKING ABOUT IT'S NOT JUST A SCHOOL BOARD MEETING, IT'S JUST NOT THE BOARD OF TRUSTEES MEETING, BUT IT IS THE BOARD OF TRUSTEES AND THE DISTRICT MEETINGS WITH THE SUPERINTENDENT.
WE'RE TALKING ABOUT LIKE A BOARD MEETING.
SO, SO YOUR, YOUR CURRENT POLICY ALREADY TELLS YOU WHAT'S THE MINIMUM NUMBER OF MEETINGS YOU HAVE TO HAVE? OKAY, HOLD ON, LET ME BACK UP BECAUSE I WASN'T REALLY TALKING ABOUT THE AMOUNT OF MEETINGS WE HAVE, BUT THE REASON WHY WE HAVE THE MEETINGS, IT'S NOT JUST OUR MEETING, IT IS THE MEETING FOR THE BOARD OF TRUSTEES ALONG WITH THE SUPERINTENDENT THAT REPRESENTS HER EMPLOYEES OF THE DISTRICT FOR PRESENTATIONS OR ENJOYMENT.
I MEAN, THERE, THEY'RE, THEY'RE TWO OF THE SAME THING.
YOU CAN'T HAVE A BOARD MEETING WITHOUT YOUR ADMIN CUZ YOU DON'T KNOW WHAT YOUR WAS BEING BROUGHT TO YOU.
YOUR ADMIN BRINGS YOU THOSE STUFF FORWARD FOR APPROVAL BASED ON THE RECOMMENDATION.
SO THE BOARD IN THEORY COULD, I GUESS IN THEORY YOU COULD HAVE A BOARD MEETING WITHOUT YOUR SUPERINTENDENT, BUT WHAT WOULD YOU BE MEETING FOR IF YOU'RE NOT HAVE ANY RECOMMENDATIONS FOR ANYTHING? SO THAT'S EXACTLY WHAT I NEEDED TO HEAR AND MAKE SURE THAT THAT WAS CLEAR.
SO NOW, UH, THE BOARD HAS A DESIGNEE TO TAKE CARE OF ALL OF THE RESPONSIBILITY THAT DOES NOT COVER GOVERNANCE.
IS THAT TRUE? THE BOARD HAS A DESIGNEE TO TAKE CARE OF ALL THE RESPONSIBILITY THAT'S NOT COVERED BY GOVERNANCE.
ARE YOU, ARE YOU REFERENCING TO YOUR BOARD'S SECRETARY FOR ALL THE CLERICAL WORK THAT COMES WITH IT? NO.
NO, BUT THAT'S A GOOD QUESTION.
I MAY NEED TO COME BACK TO THAT ONE LATER.
BUT AS THE BOARD, WE UH, JOIN IN WITH THE SUPERINTENDENT CUZ SHE'S OUR ONLY EMPLOYEE.
SO EVERYTHING FROM THE SUPERINTENDENT THROUGH AS ALL THE WAY THROUGH CAFETERIA, TEACHERS, JANITORS AND ALL OF THAT, BUS DRIVERS, ALL OF THOSE THINGS ARE THE RESPONSIBILITY OF THE SUPERINTENDENT, CORRECT? ONLY THE SUPERINTENDENT.
ONLY RESPONSIBILITY IS YOUR SUPERINTENDENT, UH, NO OTHER EMPLOYEE IS, IS, IS YOU ARE NOT RESPONSIBLE FOR ANY OTHER EMPLOYEE IN THIS DISTRICT.
SO WHAT IS THE CONSEQUENCES OR IS THERE CONSEQUENCES FOR A BOARD MEMBER TO OVERSTEP THEIR BOUNDARIES? YES.
AND THAT'S A PREMISE OF WHAT I STARTED OFF WITH.
WHEN THE BOARDS, UH, AND SUPERINTENDENT AREN'T IN THEIR PROPER GOVERNANCE LANES, TEA COULD ENFORCE GOVERNANCE ON BOARDS THROUGH THE THREE EXAMPLES THAT I GAVE MONITOR CONSERVATOR, BOARD OF MANAGERS.
YOU STARTED, UH, YOU BEGAN BY SAYING THAT, UH, BOARD OFFICERS, THE BOARDS ONLY HAVE THE AUTHORITY GIVEN TO 'EM BY STATUTE AND BY POLICY, RIGHT? MM-HMM.
NOW YOU HAVE A LIST OF, AND YOU SAID THERE WASN'T ANY REAL AUTHORITY, RIGHT? ISN'T THAT WHAT YOU SAID? THAT THERE'S NO REAL AUTHORITY IN OUR POLICIES? IN YOUR POLICIES, YOU ACTUALLY LOOK AT OUR POLICIES.
WHAT DOES IT SAY THAT THE AUTHORITY OF THE OFFICERS ARE THESE RIGHT HERE THAT I, THAT I'VE OUTLINED.
WHAT IS, WHERE SPECIFICALLY DOES IT SAY THE BOARD PRESIDENT CAN DIRECT LEGAL COUNSEL IN BOARD? CAN I GET MY IPAD SO I CAN CAN HAVE, UH,
[00:35:01]
MISS, UH, BRIAN HERE, BRING IT UP ON THE SCREEN.UH, BUT CAN I GET MY IPAD SO I CAN TELL YOU WHICH ONE IT IS? ABSOLUTELY.
AND I DIDN'T HEAR THE QUESTION, SO IF THE QUESTION COULD BE REPEATED.
THE QUESTION WAS, WHERE IN BOARD POLICY DOES IT SAY THAT THE BOARD PRESIDENT MAY DIRECT LEGAL COUNSEL? IS THAT CORRECT, MR. STEVENSON? YES, THAT'S CORRECT.
I THINK IT'S RIGHT HERE IN FRONT OF US.
I DON'T KNOW IF YOU HAVE ACCESS TO PULL IT UP ON YOUR END OR I CAN TAKE YOU THE IPAD IF YOU'D LIKE.
SO JUST FOR REFERENCE, FOR THE REST OF THE BOARD, THE BOARD POLICY IS A B D D BOARD INTERNAL ORGANIZATION ATTORNEY.
AND SO, UH, PROCUREMENT, UH, SORRY, I'M SORRY, WHAT WAS THAT? B D D BOARD INTERNAL ORGANIZATION ATTORNEY.
AND SO THE, I'M GONNA READ IT OUT AND THEN I'LL SHOW IT TO YOU MR. STEVENSON, SO YOU CAN HAVE IT IN FRONT OF YOU.
UH, THE BOARD SHALL RETAIN ATTORNEY OR ATTORNEY SAYS NECESSARY TO SERVE AS THE DISTRICT LEGAL COUNSEL AND REPRESENTATIVES IN MATTERS REQUIRING LEGAL SERVICES SERVICES TO BE PERFORMED IN REASONABLE FEES AND EXPENSES TO BE PAID BY THE DISTRICT SHALL BE STOOD FOR IN WRITING BETWEEN THE BOARD AND THE ATTORNEY OR THE ATTORNEYS.
INDIVIDUAL BOARD MEMBERS SHALL CHANNEL LEGAL INQUIRIES THROUGH THE SUPERINTENDENT, BOARD PRESIDENT OR BOARD DESIGNEE'S APPROPRIATE WHEN SEEKING ADVICE OR INFORMATION FROM THE DISTRICT'S LEGAL COUNSEL.
A STAFF REQUEST FOR LEGAL ADVICE FROM THE DISTRICT COUNCIL MUST BE SUBMITTED THROUGH THE SUPERINTENDENT.
ADVICE FROM LEGAL COUNSEL SHALL BE REPORTED TO THE BOARD UPON REQUESTS OR THE BOARD WHEN DEEMED NECESSARY BY THE SUPERINTENDENT, BOARD PRESIDENT OR BOARD DESIGNEE.
SO, UM, JUST TO CLARIFY, A LEGAL COUNSEL CAN BE, CAN BE CONSULTED WITHOUT THE, UH, THE BOARD BODY, WITHOUT THE BODY BEING AWARE.
SO THE WAY THE POLICY IS WRITTEN, IT REQUIRES THAT YOUR BOARD QUESTIONS BE CHANNELED THROUGH YOUR BOARD PRESIDENT.
HOWEVER, AS I UNDERSTAND, IF PRESIDENT HAMILTON OR I DON'T, I DON'T KNOW CAUSE I DON'T REALLY WORK WITH YOUR DISTRICT A WHOLE LOT, BUT SOME BOARD PRESIDENTS IN EXERCISE OF THAT CHANNELING QUESTIONS, THEY WILL ALLOW BOARD MEMBERS TO REACH FOR ADVICE DIRECTLY TO THE, TO THE, TO THE ATTORNEY.
SO I IS THAT, IS THAT SOMETHING YOU'VE EVER NO, HERE, WELL, WE'VE DONE SINCE I'VE BEEN HERE, IS ANY COUNCIL REQUESTS COME THROUGH THE BOARD PRESIDENT, USUALLY, OF COURSE, THE SUPERINTENDENT IS CC'D ON THE COMMUNICATION AND THE BOARD PRESIDENT CHANNELS THE QUESTIONS TO LEGAL AND THEN YOU RETURN 'EM BACK.
SO THAT'S CURRENTLY THE WAY YOUR POLICY'S WRITTEN.
WITH THAT SAID, IF QUESTIONS TO THE, TO LEGAL COUNSEL GOES THROUGH THE PRESIDENT, WHEN QUESTIONS ARE PRESENTED TO LEGAL COUNSEL BY PRESIDENT, DO THAT NOT COME BACK TO THE BOARD? UH, I MEAN THEY CAN YES.
THEY DON'T HAVE TO BECAUSE IT DEPENDS, LIKE THE CALLS THAT WE GET FROM BOARD PRESIDENT OR, I MEAN, I'M SPEAKING FOR MYSELF, RIGHT? IT'S A LOT OF PROCEDURAL QUESTIONS.
QUESTIONS, NOT SO MUCH LIKE ADVICE ON, ON, ON STUFF.
CUZ I HAVE TO GIVE THE ADVICE HERE WHEN YOU'RE VOTING FOR IT.
SO LIKE, IF THERE'S SPECIFIC ADVICE ON AN ITEM, FOR EXAMPLE, WHAT IS THE LEGAL ON THE PROCUREMENTS PROCESS FOR AN ITEM OF X AMOUNT FOR CONSTRUCTION? RIGHT? NORMALLY THOSE QUESTIONS HAPPEN IN THE BOARDROOM, RIGHT? WHEN THAT'S WHEN YOU HAVE YOUR ATTORNEY THERE.
UM, IF THERE'S SOMETHING HAPPENING ON AT THE END BECAUSE OF THAT, THEN I, I I GUESS IT DEPENDS ON WHAT THE ISSUE IS.
I MEAN, YOUR POLICY DOESN'T NECESSARILY SAY YOUR BOARD PRESIDENT HAS TO COMMUNICATE EVERY CONVERSATION WITH THE ATTORNEY TO THE BOARD.
UM, WHAT I'M SAYING IS I DON'T KNOW THAT THERE'S ANYTHING WE COULD DISCUSS WITH YOUR BOARD PRESIDENT.
THAT WOULD BE SOMETHING THAT NEEDS TO BE RELAYED TO ALL THE BOARD ALL THE TIME, IF THAT MAKES SENSE.
SO MY QUESTION IS NOT SO MUCH AS POLICY, MY QUESTION IS LEGAL.
SO IT'S NOT WHAT SO LEGAL, THERE'S NOTHING IN YOUR POLICY THAT REQUIRES THAT YOUR BOARD PRESIDENT DISCLOSE EVERY CONVERSATION SHE HAS WITH THE ATTORNEY OR HE HAS WITH THE ATTORNEY, UH, IN THERE NO, IT'S NOT IN YOUR POLICY.
BUT DO A BOARD MEMBER HAVE THE OPTION TO REQUEST A HISTORY INVOICE? YEAH, YOU HAVE THE INVOICES FROM, UH, FROM US.
SO IF YOU LOOK AT YOUR, OUR, YOUR MONTHLY INVOICES, THEY'RE DETAILED ON WHAT WE DO BY LINE AND IT'LL TELL YOU IF WE SPEAK OR NOT TO THE BOARD PRESIDENT OR
[00:40:01]
TO ANYBODY.AS A MATTER OF FACT, THEY'RE, THEY'RE PUBLIC INFORMATION.
BUT ALSO THE TOPIC OF THE INQUIRY FOR WHAT WE'RE BEING BILLED FOR, THAT WILL BE ON THERE AS WELL.
SO BASICALLY THERE WILL BE A DETAILED INVOICE.
SO THE WAY THERE, THE INVOICES ARE CREATED, IT IS BY DATE, BY MATTER, BY DESCRIPTION, BY TIME, AND THE TOTAL.
SO YOU SEE FOR EXAMPLE, ON MAY 1ST, UH, BOARD MATTERS, UH, MEETING WITH BOARD PRESIDENT ON SETTING OF AGENDA 0.3, WHICH IS, I DUNNO, 18 MINUTES.
SO YOU, YOU SEE THAT BY LINE ITEM? THANK YOU.
LET'S GO BACK TO THIS FOR A MOMENT.
WHAT YOU HAVE HERE SAYS DIRECT LEGAL COUNSEL.
THAT IS NOT WHAT'S IN THE POLICY.
WHAT'S IN THE POLICY IS TO CHANNEL COMMUNICATION THROUGH THE BOARD PRESIDENT TO THE ATTORNEYS.
DOES THAT MAKE SENSE? SO YES AND NO SITUATION.
A SURE BOARD PRESIDENT CALLS UP THE ATTORNEY AND SAYS, I WANT YOU TO DO X, Y, AND Z.
SITUATION B, BOARD PRESIDENT GETS COMMUNICATION FROM THE BOARD, MAYBE THE QUORUM OF THE BOARD, AND SHE COMMUNICATES FOR THAT QUORUM OF THE BOARD, WE WANT YOU TO DO X, Y, AND Z.
B, THE BOARD PRESIDENT CHANNELS COMMUNICATION.
THAT IS, I WOULD, I I I WOULD, UH, CONTEND THAT BY SAYING THAT THEN WHO CHANNELS THE BOARD'S PRESIDENT'S COMMUNICATIONS OF THEIR OWN QUESTIONS TO THE, TO THE ATTORNEY.
SO I WANT TO GO BACK TO THE BOARD, THE PRESIDENT'S AUTHORITY AND THE BOARD PRES, I'M MAINTAINING THE BOARD PRESIDENT DOES NOT HAVE THE AUTHORITY TO UNILATERALLY DIRECT THE WORK OF THE ATTORNEYS.
THAT'S THE, I I I MEAN ADVICE FROM LEGAL COUNSEL SHALL BE REPORTED TO THE BOARD UPON REQUESTS OF THE BOARD OR WHEN DEEMED NECESSARY BY THE BOARD PRESIDENTS.
I MEAN, IT, IT'S YOUR, YOUR, THERE'S NO WAY THAT YOUR BOARD PRESIDENT CANNOT WORK TO THE FUNCTIONS OF THE BOARD PRESIDENT WITHOUT BEING ABLE TO DIRECT LEGAL COUNSEL.
I MEAN, IF I'M TOLD, AND I'M GONNA GIVE, GIVE AN EXAMPLE, RIGHT.
UM, WE ARE RUNNING INTO THIS ISSUE.
I NEED YOU TO RESEARCH THIS FOR US TO KNOW WHETHER WE'RE DOING IT RIGHT OR WRONG.
I MEAN, THAT'S, THE BOARD PRESIDENT HAS THE AUTHORITY TO DO THAT BECAUSE OTHERWISE HOW DO YOU FUNCTION? EXACTLY.
AND I WOULD DISCRIMINATE BETWEEN EVERYDAY HOUSEKEEPING LEGAL MATTERS.
SAME THING THAT THE SUPERINTENDENT HAS AN ISSUE, SOMETHING IN PERSONNEL OR SOMETHING, AND THEY CALL UP WITH AN ISSUE.
BUT FOR OTHER MATTERS THAT THE BOARD SEEKS OUT AND DIRECTS YOU TO DO SOMETHING SPECIFICALLY MM-HMM.
OKAY, LET ME PUT IT TO YOU THIS WAY, THEN YOU LED WITH THE BOARD WITH THE, UH, AUTHORITY OF THE BOARD ITSELF.
AND THE BOARD ONLY ACTS AS A BOARD MM-HMM.
WITH THE MAJORITY VOTE IN A QUO OF AN OPEN MEETING, ALL THAT.
NOW YOU'RE GONNA BREAK THAT DOWN TO WHERE, EXCEPT FOR THE PRESIDENT.
THE PRESIDENT IS A SUPER BOARD MEMBER AND CAN ACT YOU UNILATERALLY.
RIGHT? SO I I LET'S, I WANNA MAKE SURE THAT WE UNDERSTAND THE DIFFERENCE BETWEEN THEM.
THE BOARD PRESIDENT BY STATUTE, BY POLICY, IS GRANTED THAT AUTHORITY TO WORK WITH LEGAL COUNSEL AND DIRECT THEIR RESEARCH, ASK QUESTIONS, DO ALL THAT KIND OF STUFF.
THE, THE, THAT'S DIFFERENT FROM COMMITTING THE BOARD OF THE DISTRICT TO A CONSTRUCTION CONTRACT.
THAT'S DIFFERENT THAN THEM HIRING THEIR OWN ATTORNEY.
SO, FOR EXAMPLE, THE BOARD PRESIDENT, AND I GUESS THIS IS, THIS WOULD BE THE WAY I, I COULD BREAK THAT DOWN.
THE BOARD PRESIDENT HAS THE AUTHORITY TO WORK WITH YOUR LEGAL COUNSEL.
THE BOARD PRESIDENT DOES NOT HAVE THE AUTHORITY TO HIRE YOUR LEGAL COUNSEL.
SO TO HIRE YOUR LEGAL COUNSEL, YOUR BOARD DOES THAT TO WORK WITH YOUR LEGAL COUNSEL, YOUR BOARD PRESIDENT DOES THAT PER YOUR POLICY.
SO THAT'S THE DIFFERENCE IS THERE, IT'S THAT THEY'RE NOT CREATING A CONTRACT, THEY'RE NOT CREATING A COMMITMENT OF THE BOARD.
THEY'RE NOT, UH, HIRING OR, OR DOING ANYTHING THAT THE BOARD DIDN'T ALREADY AS A WHOLE APPROVE OF.
SO THAT WOULD BE THE DIFFERENCE.
[00:45:01]
AT EVERY BOARD MEETING, EVEN NOW COMMITTEE MEETINGS, IT IS AN AREA ON THE AGENDA TO TOVE AND CLOSE SESSION.AND ONE OF THOSE ITEMS IS TO CONSULT WITH BOARD ATTORNEY THAT GIVES THE ENTIRE BOARD THAT OPPORTUNITY TO SPEAK TO THE ATTORNEY, EVEN ASK THE QUESTION FOR THEMSELVES TO THE ATTORNEY AND GET AN ANSWER OR A RETURN ANSWER.
I CAN SAY, SINCE I HAVE BEEN ON THE BOARD FROM NINE, FROM 1995, STILL SITTING ON THE BOARD UNDER PRESENT, UH, PRESIDENT, THESE CODES ARE IDENTIFIED EACH TIME A BOARD MEMBER GOES INTO CLOSED SESSION.
AND ONE OF THOSE ITEMS IS, UH, LEGAL ADVICE WITH SCHOOL ATTORNEY.
AND SO I DIDN'T WANT, SINCE WE ARE FOR A MISPERCEPTION THAT OUR BOARD PRESIDENT IS GOING OUT AND DOING ALL OF THIS WITHOUT A DISCUSSION, IF WE'RE IN A LAWSUIT, IT IS DISCUSSED IN CLOSED SESSION WITH BOARD ATTORNEY, EACH BOARD MEMBER HAS THE OPPORTUNITY TO ASK SEVERAL QUESTIONS.
WHEN WILL IT BE OVER? UH, HOW MUCH IS IT GONNA COST US? HOW LONG WILL IT BE? THEN IF THERE IS A QUESTION TO BE ASKED TO THE ATTORNEY, THE BOARD PRESIDENT WILL FOLLOW UP TO ENSURE THAT ALL BOARD MEMBERS RECEIVE THE ANSWER.
SO YOU HAVE THE BOARD AND, AND I, I GUESS THAT'S, THAT'S WHAT EVERY BOARD MEETING YOU HAVE, YOU HAVE AN ATTORNEY HERE, WHETHER IT'S WHOEVER IT BE MM-HMM.
WHEN THEY'RE HERE, THE EXECUTIVE SESSION, OPEN SESSION, WHATEVER IT IS, THE BOARD PRESIDENT CAN CALL THE ATTORNEY, UH, DIRECT WORK, ASK QUESTIONS, CHANNEL INFORMATION FROM OTHER BOARD MEMBERS WITH OR WITHOUT QUORUM FOR THAT FACT.
UH, BECAUSE THAT'S THE WAY THE POLICY IS, IS, IS, IS WRITTEN.
AND SO THERE IS NO SITUATION WHERE THE BOARD IS COMMITTING SOMETHING WHERE THE PRESIDENT IS COMMITTING SOMETHING THAT THE BOARD HAS NOT ALREADY COMMITTED WHEN THE BOARD HIRES THE ATTORNEY.
SO THERE IS NO SITUATION THAT I CAN, CAN EVER, THAT I CAN THINK OF.
AND I WOULD FIND IT VERY DIFFICULT FOR ANY ATTORNEY TO FIND THEMSELVES IN THAT SITUATION WHERE THERE IS WORK BEING DIRECTED TO ATTORNEYS THAT THE BOARD AS A WHOLE WOULD NOT BE AWARE OF IN WHAT THEY'RE DOING.
WOULD THAT GO AS WELL AS DRAWING UP DOCUMENTS? YES.
SO IF AN, IF THE DISTRICT ATTORNEY DRAW UP DOCUMENTS PER A PRESIDENT OF THE BOARD, THAT'S SUPPOSED TO GO THROUGH THE ENTIRE BOARD BEFORE THAT'S DONE.
NO, THAT'S PART OF THE PRESIDENT'S AUTHORITY TO DIRECT LEGAL WORK.
BUT I'M SORRY, SAY THAT AGAIN.
THAT'S PART OF THE PRESIDENT'S AUTHORITY TO DIRECT LEGAL WORK.
SO THE BOARD PRESIDENT CAN REQUEST OF THE ATTORNEY, I NEED YOU TO DRAFT THIS FOR US, FOR THE BOARD TO, TO REVIEW, FOR THE BOARD TO CONSIDER I NEED THIS MEMORANDUM DRAWN, UH, LEGAL OPINION, OR I NEED THIS DOCUMENT DRAFTED.
THE BOARD PRESIDENT HAS AUTHORITY.
I GUESS THAT'S WHAT I'M TRYING TO, THAT'S BUT THE BOARD PRESIDENT DOESN'T HAVE THE AUTHORITY TO GO HIRE AN ATTORNEY TO GO DO THAT.
THAT YOU AS A BOARD HAVEN'T ALREADY HIRED.
THAT'S, THAT'S THE, THE LINE WE'RE LOOKING AT.
SO THE BOARD PRESIDENT CAN GO CALL UP THE ATTORNEY DOWN THE STREET ON THE BILLBOARD AND SAY, HEY, I NEED THIS DONE BECAUSE BOARD POLICY SAYS I CAN DIRECT ATTORNEY WORK.
THEY DON'T HAVE THE AUTHORITY TO DO THAT.
CAN YOU SPEAK TO PRIME EXAMPLE, WHAT WE JUST RECENTLY WENT THROUGH? WE REQUEST THAT WE PLACE, UH, A BOARD MEMBER TO BE CENTERED ON OUR AGENDA.
THERE IS A RESOLUTION FOR A CENTER, THEREFORE AN ATTORNEY HAS TO DRAFT THAT.
SO YOU WERE REACHED OUT TO AND ASKED TO DRAFT THAT, UH, DOCUMENT PUTS WAS GONNA BE ON OUR AGENDA.
THAT WOULD NOT HAVE NEEDED PERMISSION FROM THE WHOLE BOARD TO MAKE THAT REQUEST FOR THAT RESOLUTION, CORRECT? THAT'S CORRECT.
IT WOULD NOT HAVE NEEDED THE APPROVAL OF THE BOARD.
BUT AS IT RELATES TO, UM, ANYTHING MOVING FORWARD AND WHAT THE, SINCE IT'S NOT REALLY STATED AND CLEAR IN DETAILED PER THE TEXAS LAW THEN, SORRY.
SO AS FAR AS POLICY AND PROCEDURE IS CONCERNED, THEN IT'S ON A LOCAL LEVEL, IT CAN BE REVAMPED, REVISED ON WHAT IS ALLOWED AS IT RELATES TO COMMUNICATION WITH THE DISTRICT ATTORNEY AND HOW IT'S COMMUNICATED OR EVEN SOME ASPECT OF THAT.
THE BOARD CAN AMEND ITS LOCAL POLICIES ON AREAS WHERE THE LEGAL POLICY ALLOWS
[00:50:01]
YOU TO DO, TO AMEND IT ON WHAT A, WHAT A PRESIDENT CAN CANNOT DO.CAUSE THEY'RE YOUR LOCAL POLICIES, THAT'S WHY, RIGHT? MM-HMM.
IT, IT JUST DOESN'T READ THAT WAY TO ME.
I MEAN, WHAT, WHAT IT READS IS PATTERN AND PRACTICE AS, IN OTHER WORDS, WE'VE ALWAYS DONE IT THIS WAY, SO WE'RE GONNA CONTINUE DOING IT THIS WAY, WAY MM-HMM.
I, I GUESS THE ONLY THING I CAN SAY TO THAT, MR. STEVENSON, IS THAT, THAT THAT'S BEING, THAT IS THE INTERPRETATION OF THE POLICY.
AND THAT'S VIRTUALLY, I WOULD ARGUE A HUNDRED PERCENT OF SCHOOL DISTRICTS IN TEXAS.
I MEAN, THAT'S WHAT THAT POLICY MEANS.
AND WHAT IT SAYS, IT'S NOT UNCOMMON AND IT'S NOT OUTSIDE THE SCOPE OF, OF, OF, OF THE POWER OF THE BOARD PRESIDENT IN ANY SCHOOL DISTRICT TO WORK DIRECTLY WITH THE ATTORNEYS DIRECTLY.
ATTORNEYS REQUEST MEMOS FROM THE ATTORNEY REQUEST DOCUMENTS WE DRAFTED FROM BY THE ATTORNEY.
THAT'S JUST UNIVERSALLY, THAT'S JUST THE WAY THAT THE LAW IS INTERPRETED TO, TO BE MEANT EVEN AND PRESIDENT.
CAN IT BE, UM, THE BOARD HAS THE AUTHORITY TO REQUEST A ATTORNEY GENERAL OPINION ON CASE LAW REGARDING THE DUTIES OF THE PRESIDENT OF THE BOARD AND BOARD MEMBERS? NO.
SO SCHOOL DISTRICTS ARE NOT ALLOWED BY LAW TO REQUEST ATTORNEY GENERAL OPINIONS.
BECAUSE I WAS LOOKING AT OUR POLICY AND THE POLICY UNDER B D D AND UNDER B D D, IT STATES THE ATTORNEY GENERAL A DIS, A DISTRICT MAY REQUEST THE ASSISTANT OF THE ATTORNEY GENERAL ON ANY LEGAL MATTER.
THE DISTRICT MUST PAY ANY COSTS ASSOCIATED WITH THE ASSISTANCE EDUCATION CODE 11.151 E.
AND I'M ONLY SAYING THAT IS BECAUSE WHEN YOU, WHEN YOU ARE NOT, A BOARD IS NOT ABLE TO FULFILL THEIR DUTIES AS A BOARD TO MOVE THE DISTRICT FORWARD, THAT MEANS THAT WE HAVE A BOARD THAT'S NOT FUNCTIONING AND WITH THIS, WITH THAT BE A INSTANCE TO REQUEST A AGS OPINION.
SO AGAIN, THE ANSWER IS STILL NO.
AND, AND LET ME EXPLAIN WHAT THE POLICY IS, ALL RIGHT.
VERSUS WHAT THE AG OPINION IS.
THE ATTORNEY GENERAL OPINION IS A FORMAL OPINION OF GUIDANCE ISSUED BY THE ATTORNEY GENERAL OF TEXAS.
THAT'S DIFFERENT FROM REQUESTING GUIDANCE FROM THE ATTORNEY GENERAL.
AND WHAT I MEAN BY THAT IS THE ATTORNEY GENERAL'S OFFICE HAS A HOTLINE FOR ALL PUBLIC ENTITIES IN TEXAS TO BE ABLE TO CALL, TO TALK TO THE ATTORNEYS WHO ARE IN THE ATTORNEY GENERAL'S OFFICE FOR GUIDANCE OR INTERPRETATION ON WHATEVER IT IS THERE.
THE QUESTION MIGHT BE, OKAY, THAT'S DIFFERENT FROM AN ATTORNEY GENERAL OPINION, RIGHT? SO THAT WAS MY QUESTION, WAS AN OPINION.
AND IF I MISSPOKE, BUT I WAS SPEAKING AN A G'S OPINION YES.
SO AN AGS OPINION IS NOT SOMETHING THE BOARD CAN REQUEST.
THEY'RE TWO SEPARATE THINGS, RIGHT? YEAH.
AND I WASN'T, I IF I STATED HELP FROM THE ATTORNEY GENERAL, THAT WAS INCORRECT.
IT'S JUST FROM THE STAFF ATTORNEYS AT THE ATTORNEY GENERAL'S OFFICE, RIGHT? YES, MA'AM.
AND THAT'S ACCORDING, THAT'S NOT UNCOMMON, RIGHT? UH, ALL PUBLIC ENTITIES IN TEXAS HAVE THAT ABILITY.
UH, JUST, UH, AGAIN, I APOLOGIZE FOR BEING LATE, SO I KNOW I MISSED THE BEGINNING.
UH, AS FAR AS THE AGENDA, AS FAR AS YOUR PRESENTATION, WAS THAT PRESENTED IN SLIDE ONE OR TWO? YES.
YOU'RE GOING THROUGH, WHAT WE'RE DOING IS WE'RE GOING OVER MR. JONES, ALL OF THE BOARD POLICIES OR STATUTES REGULATING TO BOARD MEMBER
[00:55:01]
AUTHORITIES ROLES AND RESPONSIBILITIES.AND I GUESS WHAT THE POLICY THAT YOU PRESENTED, B D D, LOCAL MM-HMM.
IS THAT CORRECT, MR. STEVENSON? THE WORD, ARE WE TALKING ABOUT LEGAL, NOT LOCAL, DIRECT.
WE HAVE THE ACTUAL WORDS OF THE POLICY, AND THEN YOU TAKE IT AND PUT IT IN SOMETHING ELSE THAT WHAT ALL I'M SAYING IS THE WORDS TO SAY WHAT THEY SAY, THEY DON'T SAY WHAT YOU PUT ON THE PAGE.
AND I, AND, AND FOR PURPOSES, I MEAN, I CAN EDIT IT AND I CAN COPY PASTE IT FROM HERE, BUT I GUESS MY, MY, MY ONLY CONCERN IS THAT EVERYTHING THAT WE'RE GOING THROUGH IS NOT JUST LIKE THE ATTORNEY RELATIONSHIP BETWEEN YOUR WORK PRESIDENT AND YOUR ATTORNEY ISN'T JUST A SINGLE SENTENCE.
IT IS, THERE'S CASE LAW, THERE IS ATTORNEY GENERAL OPINIONS, THERE IS STATUTES, THERE IS THE LOCAL GOVERNMENT CODE.
SO THERE IS BODY AND LANGUAGE THAT'S BEYOND THESE TWO SENTENCES THAT, UM, CREATES THE RELATIONSHIP ANY BOARD PRESIDENT HAS WITH AN ATTORNEY.
AND SO THE, IF FOR PURPOSES OF TRYING TO CONVEY WHAT THAT RELATIONSHIP ACTUALLY IS, VERSUS JUST WHAT TWO SENTENCES SAY HERE, I'M, I USE THE WORD DIRECT FALL PURPOSES, THAT THAT IS WHAT THE AUTHORITY IS.
AND I, I, BUT I GUESS WHAT I'M SAYING IS IT WOULDN'T CHANGE THE FACT THAT THE BOARD PRESIDENT CAN CALL THE ATTORNEY AND ASK FOR A MEMO TO BE DRAFTED, A RESOLUTION TO BE DRAFTED, A RESEARCH WILL BE CONDUCTED.
AND IF I COULD, THE REASON WHY I BRING IT UP, I JUST WANT EVERYBODY TO REALIZE THAT THIS VERB DOES NOT CHANGE WHAT IS ACTUALLY OCCURRING IN, IN PRACTICE.
SO THE WORD DIRECT LEGAL COUNSEL AND WHAT YOU SEE IN POLICY, I, I DON'T BELIEVE OUR CURRENT BOARD PRESIDENT IS SUPERSEDING WHAT'S LISTED IN POLICY.
SO, UH, AGAIN, I, I'VE SAT IN THAT SEAT FOR MANY OF YEARS AND, AND, UH, DON'T RECALL ANY INSTANCE WHICH I KIND OF DIRECTED LEGAL COUNSEL DO ANYTHING OUTSIDE OF THE SCOPE OF WHAT THE BOARD SO TRULY DESIRED.
AND IN ANY EVENT THAT THAT DID HAPPEN, WHICH I, AGAIN, I DON'T RECALL THAT EVER HAPPENING, UH, ANY OF MY CAUSE TO LEGAL COUNSEL WERE PERTAINING TO, UH, SOME KIND OF PROCEDURAL MATTERS THAT WE HAD TO ADDRESS MM-HMM.
AND AS IT RELATES TO, UH, SENSORS OR SANCTIONS, I KNOW WE HAVE TO GET LEGAL COUNSEL TO MAKE SURE THAT'S DRAFTED IN A MANNER THAT WE'RE ABLE TO KIND OF GET THOSE ITEMS ADDRESSED.
SO, UH, I DON'T THINK THAT THIS WORD SHOULD BE THE STICKLER FOR US AS LONG AS WE RECOGNIZE WHAT POLICY IS, AND HE WAS ABLE TO KIND OF DIRECT US TO THE POLICY, WHICH ALLOWED HIM TO KIND OF PULL THIS UP.
I ALSO HAVE SPENT SOME TIME JUST NOW WHEN WE LOOKING AT THIS, AND IF YOU GO INTO THE, UH, SEARCH AND DO WHAT THE BOARD PRESIDENT SHALL PUT THOSE IN PARENTHESIS, THERE ARE 10 SPECIFIC ITEMS WHICH SPECIFIES WHAT THE BOARD PRESIDENT SHALL, SHALL DO.
THERE ARE 40 ITEMS IN WHICH TO LIST.
SO, UH, IF THERE ARE QUESTIONS PERTAINING THOSE ITEMS, WE CAN SPECIFICALLY LOOK AT THOSE.
I THINK DURING OUR POLICY COMMITTEE MEETING WE CAN REALLY HONE IN ON THOSE TO MAKE SURE THAT THOSE ARE CAPTURING WHAT THIS BOARD DESIRES FOR US TO DO.
UM, AND, AND, AND, AND MR. JONES, I THINK THAT'S, THAT'S A REALLY GOOD, UM, POINT, RIGHT? IN TERMS OF UNDERSTANDING ALL THE ENTIRE BODY OF LAW THAT I'M TRYING TO CONDENSE INTO A SLIDE FOR PURPOSES OF CONVEYING HOW THEIR RELATIONSHIP WORKS.
AND, UM, MR. STEVEN, I APOLOGIZE IF I'VE NOT BEEN ABLE TO ARTICULATE IT.
UM, MY, MY GOAL, UH, IN PUTTING THIS IS IN A WAY THAT I CAN SUMMARIZE.
IN THIS CASE, THERE'S 40 DIFFERENT POLICIES THAT TALK ABOUT WHAT THE BOARD PRESIDENT DOES OR DOESN'T DO.
ATTORNEY GENERAL OPINIONS, COURT CASES, BOARD POLICY, STATE STATUTES THAT SORT OF TRY TO CREATE THE WORKING RELATIONSHIP BETWEEN THE BOARD PRESIDENT AND THE BOARD AND THE ATTORNEY.
AND SO IF I HAVE DONE A POOR JOB IN, IN PROPERLY CONVEYING THAT, I DO APOLOGIZE FOR THAT.
UM, BUT I GUESS THE, THE REASON WHY I, I USE THE WORD DIRECT IN HERE, LEGAL COUNSEL, IS BECAUSE, UM, MS. MONET CAN'T CALL ME AND ASK ME FOR A MEMO.
I, I CANNOT DRAFT IT IF SHE REQUESTS IT,
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UM, I CANNOT DRAFT THE MEMO IF MR. JONES CALLS ME TO DRAFT IT.I CAN ONLY DRAFT IT IF WORK PRESIDENT CALLS ME TO DRAFT IT BASED ON WHAT THE WAY THE, YOUR POLICY AND EVERYTHING ELSE IS WRITTEN.
ALTERNATIVELY, MR. JONES COULD ASK MS. HAMILTON TO ASK THE ATTORNEY TO DRAFT IT BASED ON HOW THIS IS WRITTEN.
AND THAT POWER DOESN'T MOVE WITH A PERSON.
IT STAYS AND IT'S VESTED IN THE POSITION OF PRESIDENT.
SO WHEN I USE THE WORD DIRECT, I, I, I, I THINK I'M TRYING TO CONVEY THE EXAMPLE I'M JUST GETTING RIGHT.
I CANNOT CREATE THIS MEMO OR THIS RESOLUTION UNLESS THE WORD PRESIDENT IS THE ONE WHO IN MY LANGUAGE, DIRECTS ME TO DO IT, BECAUSE MS. BRYANT CAN'T DIRECT ME TO DO IT.
I'M, I'M NOT TRYING TO GO AT YOU IN ANY WAY, BUT I THINK THE VICE PRESIDENT, HE JUST PUT IT PRECISELY AS TO WHAT I WAS GETTING AT, AS HE SAID AS PRESIDENT, THAT HE NEVER DIRECTED ANYTHING.
THAT WASN'T WHAT THE BOARD WANTED.
IT'S QUITE DIFFERENT FROM A PRESIDENT DIRECTING LEGAL COUNSEL TO DO SOMETHING JUST BECAUSE THEY WANT IT DONE.
AND, WHICH TO ME IS ILLUSTRATES WHAT I'M TALKING ABOUT.
SO, BUT THAT'S WHERE YOU'RE COMING FROM.
BUT THAT'S NOT IN, IN THIS CONTEXT, NOT IMPORTANT.
ANY OTHER QUESTION ON THE OFFICER BOARD PRESIDENTS? NOT AT THE MOMENT.
SO, UH, BOARD VICE PRESIDENT, RIGHT? ESSENTIALLY THE BOARD VICE PRESIDENT ACTS IN THE CAPACITY TO PERFORM THE DUTIES OF THE PRESIDENT OF THE BOARD, UH, OF THE BOARD IN THE EVENT, OR THE ABSENCE OR INCAPACITATION OF THE PRESIDENT AUTOMATICALLY BECOMES PRESIDENT OF THE BOARD, UM, IF THERE'S A VACANCY OF THE PRESIDENT OCCURS WHILE THEY'RE ON THE BOARD.
SO, UH, THAT THE VICE PRESIDENT, THE BEST WAY I CAN ILLUSTRATE THAT IS THEY JUST MOVE UP THE SEAT WHENEVER THE BOARD PRESIDENT IS NOT ABLE TO PERFORM OR DO SOMETHING.
SO IF THE BOARD PRESIDENT IS IN THE HOSPITAL, IS, YOU KNOW, CAN'T CALL A MEETING, REGULAR BOARD MEETING IS COMING, VICE PRESIDENT NEEDS TO STEP UP AND FILL IN, UH, FOR THE DEGREES OF THE BOARD PRESIDENT.
UH, IN, IN, IN, IN THAT REGARD, UH, SECRETARY, AND AGAIN, THERE IS MORE TO THIS.
I'M TRYING TO, AGAIN, JUST CONVEY THE GENERAL THOUGHT ON WHAT'S GOING ON HERE.
THE SECRETARY SHALL ENSURE THAT THE ACCURATE RECORD IS KEPT OF THE PROCEEDINGS OF EACH BOARD MEETING.
A LOT OF TIMES THIS IS, THIS DUTY IS DELEGATED, UH, TO, FOR EXAMPLE, A BOARD SECRETARY OR A SCHOOL EMPLOYEE.
THEY'RE THE ONES WHO TAKE MINUTES OFTENTIMES FOR YOUR BOARD MEETINGS, UH, WHO PUT TOGETHER THE, THE, THE CERTIFIED AGENDAS, THINGS LIKE THAT.
UH, ENSURE THAT NOTICES OF THE BOARD MEETINGS ARE POSTED AND SENT TO REQUIRED BY LAW.
UH, ANYTIME YOU POST A 72 HOUR NOTICE FOR A BOARD AGENDA, ANYTIME THERE'S OTHER LEGAL NOTICES THAT ARE REQUIRED TO BE PUT OUT, UH, PER POLICY, THEY ARE PART OF THE DUTIES OF THE SECRETARY.
AGAIN, THOSE ARE OFTEN DELEGATED TO SCHOOL EMPLOYEES, BUT ULTIMATELY IT'S WITHIN THE PURVIEW OF, OF THE BOARD SECRETARY.
IN THE ABSENCE OF PRESIDENT AND VICE PRESIDENT, UH, THEY SHALL BE ABLE TO ACT AS A PRESIDING OFFICER OF THE MEETINGS, AND THEY'RE ABLE TO SIGN AND COUNTERSIGN DOCUMENTS THAT HAVE BEEN DIRECTED BY ACTION OF THE BOARD.
SO, FOR EXAMPLE, IF THE BOARD APPROVED A CONTRACT, UH, FOR A BUILDING OF A SCHOOL, UH, THE SIGNATURE THAT WOULD GO ON THERE, OR ONE OF THEM WOULD BE THE BOARD'S SECRETARY AS A COUNTER SIGNATURE TO THE BOARD PRESIDENT.
SO THAT WHAT THE SECRETARY IS, IS, IS DONE.
UM, THIS POSITION, UH, AS IT AS IT IS, HAS EVOLVED OVER TIME AS DISTRICTS AND ORGANIZATIONS HAVE BECOME MORE SOPHISTICATED.
WHAT I MEAN BY THAT IS THAT IF YOU GO BACK A HUNDRED, A HUNDRED YEARS, 50 YEARS, WHEN THERE WASN'T THE TECHNOLOGY WE HAVE RIGHT NOW, WHEN THERE WASN'T THE RESOURCES WE HAVE RIGHT NOW, THE BOARD SECRETARIES ACTUALLY DID ALL THIS BACK THEN.
SO, UM, THAT'S WHAT THE BOARD SECRETARY IS AT THAT POINT.
ANY QUESTIONS ON THE, AGAIN, THE BOARD STATUS, THE AUTHORITY AND BOARD, UH, OFFICERS THAT WE CAN GO OVER? ALL RIGHT.
SO WE'RE GONNA GO INTO THE ISSUE OF BOARD MEETINGS IN QUOS.
SO, A SCHOOL BOARD MEETING MEANS A DELIBERATION AMONG THE CORE OF BOARD, OR BETWEEN A QUORUM OF THE BOARD AND ANOTHER PERSON DURING WHICH PUBLIC BUSINESS OR PUBLIC POLICY OVER WHICH THE BOARD HAS SUPERVISION OR CONTROL IS DISCUSSED OR CONSIDERED, OR DURING WHICH THE BOARD TAKES FORMAL ACTION.
MEETING ALSO MEANS A GATHERING THAT IS CONDUCTED BY A BOARD FOR WHICH A BOARD IS RESPONSIBLE, AT WHICH A QUORUM OF BOARD MEMBERS OF A BOARD AS PRESIDENT, THAT HAS BEEN CALLED BY A BOARD, AND AT WHICH BOARD MEMBERS RECEIVE INFORMATION FROM, GIVE INFORMATION TO ASK QUESTIONS OR RECEIVE QUESTIONS FROM ANY THIRD PERSON, INCLUDING AN EMPLOYEE OF THE DISTRICT ABOUT THE PUBLIC BUSINESS OR PUBLIC POLICY OVER WHICH THE BOARD HAS A SUPERVISION AND CONTROL.
IT'S A BIG MOUTHFUL IN TERMS OF INFORMATION, RIGHT? UM, THE BEST WAY I CAN, UH, CONDENSE THIS IS THAT ANYTIME THERE IS A GROUP OF FOUR BOARD MEMBERS, UH, WHO ARE DISCUSSING PUBLIC BUSINESS, OF WHICH THE BOARD HAS THE AUTHORITY OVER, THAT WOULD BE, UH, ESSENTIALLY MEETING OF THE BOARD.
THE BOARD CANNOT MEET IN A QUORUM OUTSIDE A POSTED PUBLIC MEETING.
[01:05:01]
THERE IS ANOTHER COMPONENT TO THIS, WHICH IS WHAT'S CALLED A WALKING QUORUM.OKAY? THE WALKING QUORUM STATUTE, UM, IS ONE WHERE BOARDS TRY TO DELIBERATELY CIRCUMVENT THE QUORUM PORTION BY SAYING, US THREE WILL MEET, BUT THEN YOU GO MEET WITH THE OTHER TWO.
AFTER WE MEET TO CONTINUE DISCUSSING THE CONVERSATION, WE HAD TO SEE IF WE HAVE THE VOTES TO DO SOMETHING.
SO THAT'S THE WALKING CORE OR THE ACTUAL JUST OUTRIGHT QUO.
THERE ARE EXCEPTIONS TO THE CORE.
OKAY? FOR EXAMPLE, UH, WHERE YOU DON'T NEED A POSTING AND YOU CAN DISCUSS BUSINESS WHERE A QUORUM IS PRESENT WOULD BE A CONVENTION, WOULD BE A CONFERENCE, RIGHT? YOU GO TO THOSE CONFERENCES TOGETHER, YOU'RE RECEIVING TRAININGS FROM THE CONFERENCE ABOUT ISSUES.
YOU ALL GO TO LUNCH, YOU KEEP DISCUSSING SOME OF THE STUFF YOU'RE LEARNING THAT'S ALLOWED, RIGHT? UH, BUT FOR PURPOSES OF THE, WHAT THE MEETING MEANS OUTSIDE THOSE EXCEPTIONS, THIS IS THE WAY IT'S BEEN, UH, BROADLY DEFINED.
HOW DOES IT PERTAIN TO EMAILS? SO IT, IT DOESN'T MATTER WHETHER IT'S EMAILS, WHETHER IT'S TEXT, WHETHER IT'S, UH, IN PERSON, WHETHER IT'S VERBAL, UH, WHETHER IT'S SMOKE SIGNALS, ANYTHING THAT INVOLVES THE COMMUNICATION OF THE BOARD MEMBERS IS WHAT WOULD BE IS.
SO IF WE LOOK AT THE, THE FORTH WORTH OF THERE, IT MEANS THE DELIBERATION OF A QUORUM OF BOARD MEMBERS.
SO, UM, FOR A QUORUM IS TO DELIBERATE.
SO IF IT'S JUST INFORMAL INFORMATION THAT'S SENT OUT, SO INFORMATION THAT'S SENT OUT FROM YOUR SUPERINTENDENT TO THE WHOLE BOARD, THAT'S OKAY.
I WOULD, AND I ADVISE AGAINST, UM, AND MOST ATTORNEYS IN OUR FIELD WOULD ALSO ADVISE AGAINST BOARD MEMBERS SENDING INFORMATION FOR ADVICE TO OTHER BOARD MEMBERS, AT LEAST IF THEY ARE ADDING THEM TO THE MESSAGE ON THE THREAD, SUCH AS, UH, ALL THE NUMBERS ARE LISTED IN THE TEXT MESSAGE, OR ALL THE EMAILS ARE LISTED IN THE TWO, OR BCC, WHAT I MEAN BY THAT IS THAT, UM, IF YOU COME ACROSS AN ARTICLE, LIKE YOU WANT YOUR WHOLE BOARD TO SEE, TEXT IT INDIVIDUALLY, OKAY? DON'T PUT IT IN A GROUP MESSAGE.
IF YOU RUN ACROSS INFORMATION YOU WANT EVERYBODY TO KNOW, USE THE BCC FUNCTION IN THE EMAIL, NOT THE CC AND NOT THE TWO, SO THAT THERE'S NO THREAT CREATED TO AVOID A SITUATION WHERE SOMEONE RESPONDS AND SAYS, OH, I THINK THAT'S A GREAT IDEA, AND THEN SOMEBODY ELSE RESPONDS.
SO WE ADVISE ON EVEN GETTING TO A POINT WHERE YOU CREATE THE OPPORTUNITY FOR THE QUORUM OR FOR THE DELIBERATION.
SO I'M THE STRONG SUPPORTER OF BCC.
SO ON THE EMAILS YOU'LL SEE AT THE TOP IT SAYS TWO, YOU CAN TYPE INTO WHO DO YOU HAVE A CC, WHICH IS THE CARBON COPY, AND YOU HAVE THE BLIND CARBON COPY.
SO IF IT'S SOMETHING YOU WANT THE WHOLE BOARD TO KNOW, BUT YOU WANT TO, I, UH, IN THE, OUR ADVICE OF TRYING TO AVOID A QUORUM, USE THE BCC FUNCTION SO THAT NOBODY CAN RESPOND TO THE WHOLE THREAD.
SO WHAT WOULD BE THE ALTERNATIVE? IF YOU WANT, UM, IF YOU WOULD LIKE INFORMATION TO BE SHARED, UM, LET'S SAY WE, THE BCC FUNCTION IS NOT USED, UM, BUT YOU WOULD LIKE INFORMATION TO BE SHARED AMONGST THE ENTIRE BOARD.
WHO WOULD YOU SEND IT TO? SO I, YOUR SUPERINTENDENT, AND HAVE THEM DISSEMINATE IT.
AND I WOULD, AGAIN, I WILL ALSO ADVISE YOUR SUPERINTENDENT TO USE BCC.
I, I WILL SAY, I THINK ALMOST ALL EMAIL, UH, FORMATS HAVE THE OPTION FOR A BCC ON THERE, RIGHT? THEY ALL DO.
UM, AND IF IT'S NOT DONE, IF IT'S NOT DONE, THEN I WOULD TELL ALL THE OTHER BOARD MEMBERS NEVER RESPOND TO EMAILS WHERE ALL THE BOARD MEMBERS ARE LISTED.
CERTAINLY DON'T CLICK REPLY ALL.
IF YOU WANNA REPLY DIRECTLY TO THE BOARD MEMBER WHO SENT IT, JUST REPLY TO THAT BOARD MEMBER, BUT DON'T CLICK REPLY.
THAT WOULD BE MY ADVICE IF IT'S DONE.
SO WITH THAT SAID, IF I TO SEND AN EMAIL OUT BCC TO EVERYONE, AND AS LONG AS I DO THAT, I'M OKAY, BECAUSE, AND THE REASON I ASK THIS IS CUZ I RAN INTO THE SITUATION WHERE I, LIKE, I, I WAS REQUESTING FOR INFORMATION TO GO OUT.
I DID SEND IT IN THE RECOMMENDATION THROUGH, UM, THE SUPERINTENDENT OFFICE MM-HMM.
AND SO I BASICALLY SENT IT OUT MM-HMM.
BUT I BASICALLY, I SENT IT OUT WITH THE UNDERSTANDING, OF COURSE, EVERY, WELL, I TAKE THAT BACK ALMOST THAT EVERYONE KNOWS NOT TO REPLY ALL, BUT I'LL TAKE THAT BACK.
UM, WITH, UM, I DID SEND IT OUT.
THERE WAS NO REPLY ALL BACK, BUT I DO APPRECIATE KNOWING THAT.
I NEVER THOUGHT ABOUT THE BCC YEAH.
BUT THE CREATING OF THE WALKING CORN.
BUT AT THE SAME TIME, WHEN YOU BCC SOMETHING AND
[01:10:01]
YOU'RE SENDING OUT INFORMATION, IT CAN BE, THEY WOULDN'T BE ABLE TO REPLY BACK TO EVERYBODY.IT'S NOT THE REPLY BACK, IT'S THE, UM, AS IF IT'S A DELIBERATION.
BUT, BUT IT WOULDN'T BE DELIBERATION.
CAUSE THE DELIBERATION WOULD BE THE ACTUAL INTERACTION OF THE IDEAS AND DELIBERATING THE MERITS OF WHAT WE'RE TALKING ABOUT.
SO IF YOU BCC, IT'S JUST IMPOSSIBLE TO GET THERE BECAUSE YOU'RE NOT REPLYING TO THE SAME THREAT, HAVING A CONVERSATION ABOUT IT.
SO ON THE, WHERE, THE WAY I USE BCC WHEN I HAVE TO, UH, EMAIL STUFF TO BOARD MEMBERS IS ON THE TWO, I EMAIL IT TO MYSELF.
SO ON TWO, I PUT EDEN AND THEN I PUT THE BOARD MEMBER EMAILS ON THE BCC MM-HMM.
AND THEN IT DOESN'T MATTER WHAT THE BOARD MEMBER DOES, IF THEY CLICK REPLY ALL OR IF THEY CLICK REPLY, IT'LL ONLY GO TO ME AT THAT POINT.
SO, UM, MR. EDEN, HOW DOES THIS REFER BACK TO LEGAL? SO HOW DOES IT REFER BACK TO LEGAL? IT'S AGAINST THE LAW TO CIRCUMVENT THE OPEN MEETINGS AT, OF COURSE, IN THIS CASE IS AN EXAMPLE OF THERE IS THE OPEN MEETINGS ACT IS 900 PAGES, OF WHICH ABOUT A HUNDRED WHEN YOU TAKE IN THE NOTES ARE DEDICATED TO THIS ISSUE.
I PUT IT IT IN ONE SLIDE FOR PURPOSES OF HIS PRESENTATION, CUZ I COULD HAVE A THREE DAY TRAINING ON JUST THE OPEN MEETINGS ACT.
AND SO THIS IS WHAT I THOUGHT WAS THE MOST IMPORTANT PART OF THE OPEN MEETINGS ACT AND THE INTERPRETATION, RIGHT.
OF HOW WE CANNOT HAVE DELIBERATIONS OF A QUORUM OUTSIDE.
I APOLOGIZE IF I WASN'T CLEAR.
THE BCC OH, THE BCC GUY, HOW DOES THAT REFER BACK TO LEGAL? THAT'S, THAT'S LE THAT'S OUR LEGAL ADVICE TO AVOID THIS, TO AVOID THE DELIBERATION.
BUT SO THERE IS NO STATUTE THAT SAYS YOU HAVE TO USE BCC? WELL, NO.
NOT HAVING TO USE IT, BUT USING BCC DO, IS THERE, IS THERE A STATUTE THAT STATES THAT WE, THAT WE COULD BE IN IF THAT WOULD BE IN VIOLATION AT ALL? NO, THERE, THERE, THERE ISN'T BECAUSE THAT'S WHERE WE'RE TRYING TO MARRY THE PRACTICE WITH WHAT THE STATUTE SAYS.
SO IF WE USE DELIBERATION AMONG A FORM OF BOARD MEMBERS, THAT MEANS THERE IS A CONVERSATION HAPPENING RIGHT.
WHAT I'M TRYING TO SAY, AND WHAT TASB AND MOST ATTORNEYS WILL TELL BOARDS IS USE THE BCC FUNCTION MM-HMM.
OUR CURRENT GUIDELINES, UNTIL THERE ARE CHANGE SPECIAL, THAT ANY COMMUNICATION THAT NEEDS TO BE SENT NEEDS TO BE SENT TO THE BOARD PRESIDENT OR THE SUPERINTENDENT FOR DISTRIBUTION TO ALL TRUSTEES.
SO AT THIS POINT, WE SHOULD NOT USE THE BCC CAUSE THEREFORE WE'LL BE IN VIOLATION OF OUR CURRENT OPERATING GUIDELINES.
SO TRUSTEE, DON'T GREAT POINT.
PART OF, AND AND THAT'S PART OF WHAT, WHAT, WHAT, WHAT, AND I HAVE A SECTION ON YOUR BOARD OPERATING GUIDELINES THAT I GET TO THAT HAVE HIGHER THRESHOLDS THAN WHAT THE LAW IS.
AND SO WE, I DO GET INTO THOSE AS I GO THROUGH THE PRESENTATION CUZ YOU ARE CORRECT, YOU'RE OPERATING GUIDELINES THAN SAY HOW TO DO IT AND HOW TO COMMUNICATE.
WHAT I'M PRESENTING HERE IS THE LEGAL STANDARD THAT WE'RE PROMISING WHAT WE'RE DOING FROM, OKAY.
SO WITH THAT SAID, AND I THANK YOU FOR THAT CLARIFICATION, TRUSTEE JONES, BUT THAT GOES BACK TO ME SENDING A REQUEST FOR EMAILS TO GO OUT OR SOME TYPE OF INFORMATION TO GO OUT, AND IT DID NOT GO OUT, OR IT WAS DECLINED TO GO OUT, UM, WITH NO MERIT.
SO THAT'S THE REASON WHY I'M ASKING HIM IN CLARIFICATION ABOUT THE BCC BECAUSE IF I'M FOLLOWING, UM, ME AS A TRUSTEE OR FOLLOWING POLICY AND PROCEDURES, BUT NO, IF THE, AND THAT OTHER PERSON IS NOT FOLLOWING POLICY AND PROCEDURES, THEN WHERE DO THAT LEAVE A PERSON WHO RUNS INTO THAT SITUATION WHEN IT'S GETTING INFORMATION OUT OR WHAT HAVE YOU, EVEN IF IT'S BEING COMMUNICATED, YOU KNOW, AND ASKS MULTIPLE TIMES.
AND I UNDERSTAND NO, AND, AND THAT'S A GREAT POINT, BUT I'M JUST MAKING MY POINT AS FAR AS WHEN YOU RUN INTO THIS SITUATION.
UM, SO GREAT POINT, GREAT QUESTION.
RIGHT? UM, AND THE REASON I SAY IT'S A REALLY GOOD POINT, A REALLY GOOD QUESTION BECAUSE IT GOES DOWN TO THE FUNDAMENTALS OF THE HOT POTATO THAT I WAS TALKING ABOUT EARLIER, RIGHT? MM-HMM.
AND SO THE ENFORCEMENT OF POLICIES IS A SELF ENFORCEMENT MECHANISM, RIGHT? ABSENT TEA SAYING YOU DIDN'T ENFORCE YOUR POLICIES, WE'RE GONNA TAKE OVER YOU, OR WE'RE GONNA ENFORCE A CONSERVATOR OR A MONITOR.
RIGHT? AND SO THAT WOULD REQUIRE THAT THE BOARD TRIED TO ENFORCE THE POLICIES ON THE INDIVIDUALS NOT FOLLOWING THE
[01:15:01]
POLICIES.HOW WOULD YOU DO THAT? I'M SORRY? HOW WOULD YOU DO THAT? SO, UM, YOU DO IT IN MULTIPLE, MULTIPLE WAYS, RIGHT? UM, ONE OF THE EXAMPLES WAS WHAT WE, WHAT THE BOARD, UH, POSTS ON THE AGENDA TWO WEEKS AGO REGARDING THE A A BOARD MEMBER, OR THE SAME THING CAN HAPPEN FOR THE EMPLOYEE OF THE BOARD.
IT JUST DEPENDS HOW AND WHERE AND WHAT'S HAPPENING.
THAT'LL, THAT'LL BE A DISCUSSION FOR ANOTHER TIME.
YOU'VE MENTIONED WHEN YOU BEGAN, YOU MENTIONED A WALKING QUO STATUTE.
IS THERE A STATUTE THAT SPECIFICALLY REFERS TO A WALKING QUORUM? YES.
SO WHICH ONE IS THAT? THE, SO THE OPEN MEETINGS ACT HAS A, AND I'LL EMAIL IT TO YOU CAUSE I DON'T HAVE IT ON TOP OF MY HEAD.
UM, THE, IN THE OPEN MEETINGS ACT, THERE IS A SECTION IN THERE, AND THE REASON I'M GONNA ELABORATE ON THAT IS BECAUSE OF THE FOLLOWING THE STATUTE, THE OPEN MEETINGS ACT HAS A SECTION DEDICATED TO TRYING TO CRIMINALIZE BOARD MEMBERS WHO TRY TO CIRCUMVENT THE, THE, THE QUORUM DELIBERATION.
CRIMINALIZE TRYING TO, I JUST TRY TO CRIMINALIZE BECAUSE THE SUPREME COURT RULED THAT TO BE, UH, INSUFFICIENTLY VAGUE, SO THEY COULDN'T ENFORCE IT.
BUT THIS LEGISLATIVE SESSION, I SUSPECT IT'S GOING BACK TO THE LEGISLATURE TO CLARIFY AND CORRECT THE DEFICIENCY THAT THE SUPREME COURT POINTED OUT IN NOT ENFORCING THE CRIMINAL PORTION OF THE, OF THE, OF THE WALKING COURT.
THE CURRENT PENALTIES ARE CIVIL, RIGHT.
THE CURRENT PENALTIES ARE CIVIL.
ESSENTIALLY, YOU VOID THE BIG ONE IS YOU VOID THE ACT, THE ACT OF THE BOARD.
IF IT LED TO BOARD ACTION LATER, UH, OR B UH, TA COMES IN PRETTY MUCH BECAUSE A VIOLATION OF THE OPEN MEETING ACT IS ONE OF THE EXPLICIT AUTHORITIES TA HAS IN, UH, OPENING UP ANAI INVESTIGATION IN THE DISTRICT.
ANY OTHER QUESTIONS ON THIS ONE? ALL RIGHT.
AGENDAS, AGENDAS FOR ALL MEETINGS SHALL BE SUFFICIENTLY SPECIFIC TO INFORM THE PUBLIC OF THE SUBJECT TO BE DELIBERATED AT THE MEETING, SETTING OUT ANY SPECIAL OR UNUSUAL MATTERS TO BE CONSIDERED, OR ANY MATTER IN WHICH THE PUBLIC HAS A PARTICULAR INTEREST, DELIBERATIONS OR ACTIONS PERTAINING TO A SUPERINTENDENT.
AND PRINCIPLES ARE A PARTICULAR PUBLIC INTEREST AND NOTICE OF THOSE SUBJECTS MUST BE WORDED WITH SUCH CLARITY THAT THE PUBLIC WILL UNDERSTAND WHAT A BOARD PROPOSES TO DISCUSS OR ACCOMPLISH.
UH, I EXCUSE THE HYPHEN THERE AND DISCUSS, I COPI PASTED THIS ONE OUT OF Y'ALL'S AND IT HYPHENATED IT WHEN I, UH, PAST IT OVER.
UM, THIS ITEM, THIS, THE BIG GENERAL THRUST WITH THIS ONE IS, YOUR ITEMS ON THE AGENDA HAVE TO BE SPECIFIC ENOUGH, RIGHT? UH, YOU JUST CAN'T PUT SOMETHING THEY, THE CONSTRUCTION OF A SCHOOL, RIGHT? WHAT SCHOOL? RIGHT? I MEAN, WHAT PROJECT ARE YOU TALKING ABOUT? UH, PASSING, UH, OF THE BOND OR SETTLING THE LAWSUIT OR WHAT LAWSUIT.
SO ESSENTIALLY YOUR ITEMS JUST HAVE TO BE SPECIFIC.
I DON'T THINK THERE'S EVER BEEN AN ISSUE WITH THAT HERE.
UH, AND IF THERE HASN'T, THAT'S SOMETHING WE, WE NEED TO LOOK AT WHEN WE'RE LOOKING AT THE ITEMS. UH, AGENDA PREPARATION IN CONSULTATION WITH THE BOARD PRESIDENT, THE SUPERINTENDENT SHALL PREPARE THE AGENDA FOR ALL BOARD MEETINGS.
ANY BOARD MEMBER MAY REQUEST THAT A SUBJECT BE INCLUDED ON THE AGENDA FOR A MEETING.
AND THE SUPERINTENDENT SHALL INCLUDE ON THE PRELIMINARY AGENDA OF THE MEETING ALL TOPICS THAT HAVE BEEN TIMELY SUBMITTED BY A BOARD MEMBER.
SO THE BOARD, THE SUPERINTENDENT, PUTS THE PRELIMINARY AGENDA TOGETHER, MEETS WITH THE BOARD PRESIDENT, THE BOARD PRESIDENT, UH, THEN FINALIZE THE AGENDA.
AND THAT GOES TO WHAT WE'RE TALKING ABOUT FURTHER IN THIS POLICY IS ANOTHER SECTION THAT SAYS THE BOARD PRESIDENT MAY NOT DELETE ITEMS REQUESTED FOR THE AGENDA, BUT MAY DELAY AN ITEM UNTIL, UH, FOR FURTHER DISCUSSION WITHIN REASONABLE TIME.
SO THAT'S WHERE I WAS TALKING ABOUT EARLIER ON SETTING THE AGENDA ON WHAT YOU PUT THIS MEETING OR WHAT YOU PUT NEXT MEETING AND HOW YOU WORK WITH IT.
BUT THAT'S YOUR GENERAL FRAMEWORK OF IT.
IN ADDITION TO THIS, THERE IS THIS PART WHICH IS PART OF YOUR OPERATING GUIDELINES, UH, AND HERE IT SAYS, PLACEMENTS OF ITEMS ON REGULAR MEETING AGENDAS.
SO ONE PROPOSED AGENDAS ARE DRAFTED BY THE L I S D ADMINISTRATION AND PRESENTED TO THE BOARD PRESIDENT FOR FINALIZATION.
TWO, ANY BOARD MEMBER MAY REQUEST IN WRITING THAT A SUBJECT BE INCLUDED ON THE AGENDA.
SUCH REQUESTS MUST BE SUBMITTED TO THE SUPERINTENDENT NO LATER THAN 4:00 PM OF SIX CALENDAR DAYS PRIOR TO THE DATE OF THE REGULAR BOARD MEETINGS.
ITEMS SUBMITTED BY THE BOARD MEMBERS AFTER THE DEADLINE SHALL BE CONSIDERED AT THE NEXT MEETING.
IF TWO BOARD MEMBERS MAKE A TIMELY WRITTEN REQUEST FOR PUTTING AN ITEM ON THE AGENDA, THE BOARD PRESIDENT MAY NOT FAIL TO INCLUDE THE ITEM WITHOUT THE CONSENT OF THE REQUESTING BOARD MEMBERS THE TRUST.
[01:20:01]
I MENTIONED EARLIER, TRUST THE BOARD PRESIDENT CANNOT DELETE THE ITEM.UH, TRUSTEES RECEIVE THE AGENDA, A REGULAR MEETINGS ALONG WITH SUPPORTING DOCUMENTATION REPORTS THREE CALENDAR DAYS PRIOR TO THE MEETING DATE IN ELECTRONIC FORM.
SO THAT'S WHAT YOUR OPERATING GUIDELINES HAVE IN ADDITION TO YOUR LOCAL POLICY THAT WE'RE, THAT WE HAVE HERE TO MIRROR.
UM, NO, YOU'VE NEVER SEEN THAT BEFORE.
I'M SORRY? YOU'VE NEVER SEEN THAT BEFORE? I GOT THAT ONE FROM YOUR WEBSITE.
YOU NEVER SEEN WHAT
UM, AGENDA PREPARATION BEFORE THE OFFICIAL AGENDA IS FINALIZED FOR ANY MEETING, THE SUPERINTENDENT SHALL CONSULT WITH THE BOARD PRESIDENT TO ENSURE THAT THE AGENDA AND THE TOPICS INCLUDED MEET WITH THE BOARD PRESIDENT'S APPROVAL.
IN REVIEWING THE PRELIMINARY AGENDA, THE BOARD PRESIDENT SHALL ENSURE THAT ANY TOPICS THE BOARD OR INDIVIDUAL BOARD MEMBERS HAVE REQUESTED TO BE ADDRESSED ARE EITHER ON THAT AGENDA OR SCHEDULED FOR DELIBERATION AT AN APPROPRIATE TIME IN THE NEAR FUTURE.
THAT'S THE ONE I WAS TALKING ABOUT WHEN I WENT FURTHER INTO YOUR POLICY.
HERE HE GOES, THE WALKING QUO PART.
AND THIS IS WHAT I MEAN, UH, BY TRYING TO PULL TOGETHER DIFFERENT STATUTES AND OPINIONS AND TRYING TO GIVE YOU YES, MA'AM, CAN WE GO BACK TO THE AGENDA? SURE.
BECAUSE THE WALKING QUO IS NOT THE SAME AS THE AGENDA.
AND I DO HAVE QUESTIONS REGARDING THE AGENDA.
SO YOU STATED THAT THE INFORMATION ON AN AGENDA HAS TO BE CLEAR AS IT RELATES TO WHAT IS POSTED ON THE AGENDA AS FAR AS THE SUBJECT IS CONCERNED.
AND HOW DOES THAT APPLY TO, UM, CLOSED SESSIONS? SO ITEMS IN CLOSED SESSION, ARE YOU TALKING ABOUT THE WAY IT'S WORDED OR ARE YOU TALKING ABOUT THE DOCUMENTS THAT ARE, THAT ARE, THAT ARE GIVEN TO YOU FOR REVIEW? ONE THING IS THE SUBJECT.
DO, ARE THE SUBJECTS REQUIRED TO BE LISTED AND, UH, FOR THE CLOSED SESSIONS OR NO? SO IT DEPENDS WHAT WE'RE TALKING ABOUT, OKAY? MM-HMM.
THE, THE EXPLANATION TO THAT YES, IS, IS DEEPER.
AND WHAT I MEAN BY THAT IS THAT, FOR EXAMPLE, THERE ARE ITEMS YOU HAVE IN EXECUTIVE SESSION THAT GIVE THE BOARD BROAD DISCRETION TO DISCUSS ISSUES, RIGHT? MM-HMM.
NUMBER TWO, FOR EXAMPLE, WOULD BE A STANDING PERSONNEL ITEM, RIGHT? WHERE YOU DON'T TAKE ACTION.
SO THERE ARE STANDARD PERSONNEL ISSUES THAT COME UP THROUGHOUT THE DISTRICT THAT THE BOARD MIGHT, UH, FIND USEFUL TO BE INFORMED ABOUT.
SO A STANDING PERSONNEL ITEM ALLOWS FOR THAT.
WHAT IT WOULDN'T ALLOW FOR WOULD BE FOR ACTION.
SO FOR EXAMPLE, UH, IF YOU'RE GOING TO, UH, IF THE SUPERINTENDENT WANTS TO TERMINATE AN EMPLOYEE, RIGHT? THEY COULD NOT DO IT UNDER THE BROAD PERSONNEL ITEM FOR DISCUSSION, IT WOULD HAVE TO BE SPECIFICALLY LISTED.
BUT IF THE SUPERINTENDENT WANTS TO GIVE AN UPDATE TO THE BOARD ABOUT BROAD PERSONNEL ISSUES, RIGHT? THEY COULD DO IT UNDER THE BROAD ITEM OF PERSONNEL MATTERS.
UM, PENDING OR CONTEMPLATED LEGAL LITIGATION IS ANOTHER STANDING ITEM.
THERE ARE OFTEN TIMES WHERE THERE ARE SPECIFIC ISSUES THAT COULD LEAD TO LITIGATION THAT YOU WON'T NECESSARILY PUT ON THERE.
FOR EXAMPLE, UH, LET'S SAY THAT YOU HAVE A TEACHER THAT SMACKED A STUDENT ACROSS THE FACE, RIGHT? OR THAT'S POTENTIAL LITIGATION, RIGHT? YOU WOULDN'T PUT IT ON THE AGENDA DISCUSSION WITH LEGAL ABOUT THE TEACHER THAT SMACKED THE STUDENTS ON THE FACE, RIGHT? YOU WOULD JUST PUT CONSULTATION WITH LEGAL COUNSEL ON POTENTIAL LITIGATION.
SO THERE'S SOME STUFF THAT YOU HAVE SOME, UH, UH, SOME DISCRETION WITH, RIGHT? BUT IT JUST DEPENDS WHEN IT BOILS DOWN TO ACTION.
HOWEVER, THAT WOULD HAVE TO BE MORE SPECIFIC.
FOR EXAMPLE, THE DISTRICT IS GOING TO INITIATE A LAWSUIT AGAINST THAT TEACHER IN THE ACTION ITEM COMPONENT.
IT WOULD HAVE TO SAY, AUTHORIZING LEGAL COUNSEL TO INITIATE LEGAL ACTION AGAINST BLACK.
SO THAT'S MY LONG EXPLANATION TO MY INITIAL SHORT ANSWER.
NOW, AS FAR AS THE AGENDA IS CONCERNED, AT ANY POINT IS THE SUPERINTENDENT ALLOWED TO PREPARE AN, AN AGENDA AND, UM, ELECTRONICALLY SIGN AN AGENDA WITHOUT THE PRESIDENT VIEWING AN AGENDA OR AWARE OF THE AGENDA? SO THE SHORT ANSWER IS, IS YES.
WELL, THE SHORT ANSWER IS NO, BUT YES.
UM, AND CAN YOU TELL ME IN THE SECTION WHERE, WHEN YOU'RE REFERENCING THAT, I WOULD LIKE TO KNOW WHAT SECTION THAT WOULD, I CAN FIND IT.
SO WE'RE GONNA LOOK AT THIS UP HERE.
THE ONE THAT I ACTUALLY HAVE, UH, PULLED UP MM-HMM.
AND THE REASON WHY I HAVE THAT ONE PULLED UP IS BECAUSE IT'S GONNA ANSWER THE QUESTION IN THE MORE, UH, COMPLICATED WAY THAN JUST THE LAW.
DOESN'T, IS NOT A CLEAR YES OR NO, RIGHT? BECAUSE THE LAW, ACTUALLY, WHEN I RESEARCHED IT, I'M ASKING YOU BECAUSE
[01:25:01]
YOU'RE DOING THE TRAINING, RIGHT? YES.BUT I ALSO DID MY RESEARCH AS WELL.
AND AS FAR AS RESEARCH IS
SO I'M, I'M GONNA PROPOSE, LET, LET, LET ME SAY, AND THEN YOU CAN JUDGE IT AT THAT POINT, RIGHT? MM-HMM.
NOW, WHAT IS CONSULTATION? IS IT A PHONE CONVERSATION THAT JUST SAYS, HEY, BOARD PRESIDENT, THIS IS ON THE AGENDA.
WE'RE GONNA ADD THIS ON THE AGENDA, MAKE SURE THAT WE DON'T FORGET TO POST IT.
THEY JUST KNEW THAT WE WERE GONNA DO IT BASED ON THE CONVERSATION.
OKAY? IS THAT THE PRESIDENT'S APPROVAL? I WOULD ARGUE IT IS BECAUSE THEY VERBALLY TOLD THEM THAT, THAT THEY'RE GOOD WITH THAT AGENDA ITEM.
IS THAT CONSULTATION? YOU COULD ARGUE YES, BECAUSE THEY CONSULTED ON THE PHONE AND TALKED ABOUT IT.
SO IF WHAT WE'RE TRYING TO SAY IS THAT THE CONSULTATION IS A PHYSICAL MEETING OF THE SUPERINTENDENT AND THE BOARD PRESIDENT, THAT THEY SIGNED A DOCUMENT THAT SAYS, I REVIEWED THIS, THEN ME SIGN OFF CAUSE I APPROVE IT.
THE ANSWER IS, IT DOESN'T SAY WE NEED TO DO THAT.
IT USES THE WORD CONSULTATION, USES THE WORD APPROVAL, AND THAT'S ABOUT AS FAR AS IT GOES.
SO WHAT, WHAT YOU STATED, UM, CREATE, IT SOUNDS LIKE A, AN ACTUAL CONVERSATION HAD TAKEN PLACE EITHER WAY.
ADDITION, SOMETHING IS TAKEN OFF OR ADDED MM-HMM.
BUT SOMETHING IS REMOVED OR SOMETHING IS ADDED, I GUESS WITH, WITHOUT CONVERSATION, EITHER WAY, A CONVERSATION HAS NOT TAKEN PLACE.
I DON'T KNOW THAT I, I GUESS LOOK, I CAN'T ANSWER.
I DON'T KNOW IF THAT HAS HAPPENED OR NOT.
WHAT I CAN JUST TELL YOU IS THAT THE POLICY SAYS THAT THE BOARD PRESIDENT AND THE SUPERINTENDENT, THE BOARD PRESIDENT, ULTIMATELY APPROVES THE AGENDA AND THE SUPERINTENDENT PREPARES A PRELIMINARY AGENDA.
I MEAN, AT SOME POINT THAT THE OP THAT YES, THE BOARD PRESIDENT SAYS, WE'RE, WE'RE READY TO HAVE A MEETING.
CAN ANYONE APPROVE THAT OUTSIDE THE PRESIDENT? IF THE BOARD PRESIDENT DELEGATES IT? LIKE YOU'RE THE BOARD PRESIDENT SAYS, HEY, MR. JONES, I'M GONNA BE OUT CUZ I'M GONNA BE IN AN AREA WITH NO SIGNAL.
I'M DELEGATING YOU THE POWER OF THE BITE OF THE PRESIDENT.
BUT MY QUESTION IS MERELY WITH NO CONVERSATION, BUT AGENDA'S BEING POSTED.
I MEAN IT WOULD, IT IT CAN, THE COMMUNICATION AND THE APPROVAL AND THE SETTING IT IS CAN HAPPEN VERBALLY, TEXT, EMAIL, I, I, I JUST WHATEVER WAY YOU GET TO IT.
MY NEXT QUESTION AS IT RELATES TO THE AGENDA, JUST CLARIFICATION.
YOU STATED, IF ONE PERSON SENDS A REQUEST FOR SOMETHING TO BE, UH, PLACED ON THE AGENDA, THEN IT COULD POSSIBLY BE ON THAT AGENDA.
LET'S SAY IF IT'S DONE TWO WEEKS IN ADVANCE MM-HMM.
BUT IF TWO PEOPLE, A PERSON, I'M SORRY.
WELL, I'M SORRY, LEMME CLARIFY MM-HMM.
SO I CAN GIVE THE EXAMPLES, RIGHT? MM-HMM.
OKAY? WHAT I MEAN BY THAT IS, LET'S SAY THAT ONE BOARD MEMBER CALLS THE PRESIDENT AND SAYS, HEY, CAN YOU ADD ON THE AGENDA ITEM OR DISCUSSION NEXT WEEK FOR GOAL THREE? RIGHT? I WANT TO KNOW WHAT THE UPDATE IS ON MATH SCORES, RIGHT? IF ONE BOARD MEMBER IS REQUESTING IT, OKAY? NOTHING IN THE POLICY BASED ON WHAT WE SEE HERE
[01:30:01]
FOR CIS, THE BOARD PRESIDENT TO INCLUDE THE ITEM, OKAY? MM-HMM.IF TWO BOARD MEMBERS REQUEST IT, THEN THE POLICY SAYS THE BOARD PRESIDENT DOESN'T HAVE DISCRETION.
SO WHERE THE, THE ANSWER IS, COULD IN THEORY ONE BOARD MEMBER REQUEST THE BOARD PRESIDENT TO PUT SOMETHING SHORT, THEY CAN CALL THE BOARD PRESIDENT ANY TIME.
DOESN'T MEAN THE BOARD PRESIDENT IS REQUIRED TO PUT IT ON MM-HMM.
BUT IF TWO BOARD MEMBERS DO IT, THEN THEY'RE REQUIRED TO DO IT ON, IN BOTH CASES, WE GO TO THIS ONE RIGHT HERE, RIGHT? THAT, UH, THE BOARD PRESIDENT SHALL ENSURE THAT ANY TOPICS OF THE BOARD OR INDIVIDUAL BOARD MEMBERS HAVE REQUESTED IT TO BE ADDRESSED ON THAT AGENDA OR SCHEDULED FOR DELIBERATION AT THE APPROPRIATE TIME IN THE NEAR FUTURE.
NOW YOU'RE TALKING ABOUT THE WORD BEING HERE, INDIVIDUAL BOARD MEMBER, AND YOU'RE TALKING ABOUT UP HERE, TWO BOARD MEMBERS, IS THAT THAT'S WHAT YOU'RE REFERENCING TO, RIGHT? MM-HMM.
OKAY? BECAUSE IT'S REQUESTING THAT TWO PEOPLE AT IT, AND YOUR BOARD POLICY JUST ADDRESSES IT AS THE REQUEST, THE INDIVIDUAL REQUEST.
SO AGAIN, IT'S THE, THE SHORT ANSWER IS WHATEVER THE REQUEST IS, THE BOARD PRESIDENT HAS THAT, THAT, UH, LEEWAY TO INCLUDE IT AT EITHER THAT AGENDA OR FOR SCHEDULED FOR DELIBERATION IN THE APPROPRIATE TIME IN THE NEAR FUTURE, UNLESS IT'S TWO, THEN IT IS REQUIRED PER LAW.
SO ACCORDING TO YOUR OPERATING PROCEDURES, THAT'S NOT LAW.
THAT'S YOUR OPERATING PROCEDURE.
I UNDERSTAND PROCEDURES, BUT ALSO ALSO NO LAW TRUMP'S PROCEDURES TOO.
RIGHT? AND SO THERE'S NOTHING IN THE LAW THAT TALKS ABOUT ANY OF THESE ITEMS BEING REQUESTED? ACTUALLY, UM, I THINK IT DOES, UH, FROM MY UNDERSTANDING AND FROM WHAT I'VE READ PER THE TEXAS LAW MM-HMM.
BUT PER LAW, IT STATES THAT TO, FOR A SPECIAL MEETING, THERE IS A STATUTE ON THAT FOR TWO BOARD MEMBERS FOR SPECIAL MEETINGS, THERE'S NO STATUTE FOR SPECIAL MEETING.
THERE IS A STATUE ON CALLING MEETINGS.
SO THE TWO, IT IS THE MUST, BUT IS THAT CORRECT? I'M SORRY.
BUT REQUESTING TO ADD ANYTHING TO THE AGENDA AND A SECOND, YOU'RE, YOU'RE STATING NURSING AND I DON'T, I CANNOT RECALL ANY STATUE ON THE TOP OF MY HEAD THAT TALKS ABOUT THE PLACEMENT OF AN ITEM OF THE AGENDA FROM STATUTE BASED.
UH, THEY ARE ADDRESSED IN OPERATING PROCEDURES IN THE LOCAL POLICY.
I MEAN, IF THERE'S SOMETHING I'M MISSING, I I YEAH, I'M GONNA HAVE TO PULL THAT UP FOR YOU.
ALSO, UM, AS IT RELATES TO, SO NO, YOU ACTUALLY CLARIFY.
SO SPECIAL MEETING IT IS REQUIRED AND WHAT OTHER CONSEQUENCES WHEN, IF THEY'RE NOT ON THERE, POSSIB AGAIN, THE BOARD IS SELF-GOVERNING, SO THE BOARD ADDRESSES THOSE ISSUES.
UH, AND IF THE BOARD DOESN'T ADDRESS THOSE ISSUES AND THERE'S A COMPLAINT TO TA, TA COMES BACK IN, I WANT TO MAKE CLEAR THAT THROUGHOUT THE ENTIRE PRESENTATION, THE CONSEQUENCES OF NOT FOLLOWING YOUR POLICIES OR GUIDELINES ARE THE SAME.
THEIR FIRST SELF-GOVERNING BY THE BOARD.
I'M GOING TO LOOK AT THAT, BUT I, UM, I'M FOR THE AGENDAS I'LL LOOK FOR TOO, JUST TO MAKE SURE I'M NOT MISSING YEAH.
FOR THE AGENDA, CUZ I HAVE IT NOTED AND IF, IF I FIND THAT I'LL PASS IT OUT TO EVERYBODY, I WANNA MAKE SURE THAT WE'RE NOT MISSING SOMETHING.
BUT I MAY REFERENCE BACK TO THE AGENDA, UM, CUZ I HAD NOTES OVER PLACE RIGHT NOW.
BUT I'LL, I'LL REFERENCE BACK.
ANY OTHER QUESTIONS QUICKLY IF I MAY? SURE.
NOW THIS PART HERE, AGENDA PREPARATION, THAT'S FROM THE OPERATING GUIDELINES, RIGHT? NO, THAT'S FROM BOARD POLICY LOCAL.
THIS PART RIGHT HERE IS ON OPERATING POLICY OR OPERATING PROCEDURES I SHOULD SAY.
YOU SAID BE LOCAL RIGHT HERE? YES.
YOUR OPERATION PROCEDURE IS REFERENCING BE LOCAL.
SO IT'S ADDING THIS ON TOP OF THE BE LOCAL STUFF.
WELL IT SAYS BY DEFINITION THAT WE'RE LOCAL POLICY AND OPERATING GUIDELINES CONFLICT THEN LOCAL POLICY GOVERNS.
WHICH WOULD BE THIS PART RIGHT HERE.
AND I JUST HAVE ONE THING QUICKLY ABOUT THE CLOSED SESSION.
NOW IN THE OPEN MEETINGS ACT, IT REFERS TO ITEMS THAT CAN BE HELD IN CLOSED SESSIONS, BUT IT'S QUITE SPECIFIC.
YOU CAN SAY PERSONNEL, BUT IT'S QUITE SPECIFIC TO AS TO WHAT PERSONNEL ITEMS MAKE.
I MEAN, YOU JUST CAN'T THROW ANY PERSONNEL ITEM IN, IN A CLOSED SESSION.
IS THAT NOT CORRECT? SO YES, YOU ARE CORRECT, BUT I GUESS WHAT WOULD BE, WHAT IS THE EXAMPLE OF THE CONCERN?
[01:35:01]
WELL, SPECIFICALLY ITEMS LIKE GRIEVANCES WITH THE EMPLOYEES, RIGHT? THOSE HAVE TO BE SPECIFICALLY LISTED, RIGHT? YES.BUT YOU MENTIONED SOMETHING ABOUT, WHAT WAS THAT? YOU MENTIONED SOME OFFHAND THING ABOUT PERSONNEL BROAD, LIKE PERSON ISSUES.
I'M GONNA, I'M GONNA GIVE YOU AN EXAMPLE.
UM, AN EXAMPLE WOULD BE, UM, THE BUS DRIVERS ARE ALL UPSET, YOU KNOW WHAT I MEAN? BECAUSE WE'VE NOT, UH, ADDRESSED THE ISSUE WITH RADIOS ON THE BUSES.
I'M JUST THINKING SOMETHING, RIGHT? THERE'S NO GRIEVANCE ON THERE OR ANYTHING LIKE THAT.
BUT WE KNOW IT'S KIND OF BOILING IN THE TRANSPORTATION DEPARTMENT IN UNDER THE BROAD PERSONNEL ISSUE.
THE, BECAUSE DEALING WITH THE PERSONNEL'S POTENTIAL FOR AGREEANCE OR STUFF LIKE THAT, EVEN THOUGH IT'S NOT THE BOARD, THE SUPERINTENDENT COULD INFORM THE BOARD, HEY GUYS, AS HEADS UP UNDER PERSONNEL, WE HAVE SOME ISSUES IN THE TRANSPORTATION DEPARTMENT.
EVERYONE'S UPSET, WE HAVEN'T GOTTEN THEM RADIOS, UM, JUST MAKE, MAKING YOU ALL AWARE OF IT, ET CETERA.
WE, THEY WOULD NOT BE ABLE TO SAY, LET'S SAY THAT A SPECIFIC BUS DRIVER FILED A GRIEVANCE FOR A RADIO, RIGHT? THAT SPECIFIC GRIEVANCE, CUZ IT'S A SPECIFIC ISSUE ON ONE EMPLOYEE.
UM, IS SOMETHING THAT YOU WOULDN'T BE ABLE TO DISCUSS UNLESS IT CAME TO YOU AS A GRIEVANCE BECAUSE YOU'RE GONNA BE HEARING THE GRIEVANCE, YOU'RE GONNA BE TAKING ACTION ON IT.
UH, THAT WOULD BE ONE WAY TO SORT OF SEE IT.
THE BROAD PERSONNEL ITEM WOULD BE FOR UPDATES AND INFORMATION AND THINGS THAT ARE RELEVANT ABOUT PERSONNEL ISSUES HAPPENING.
THAT WOULDN'T NECESSARILY BE, YOU KNOW, I'M GETTING READY TO FIRE THIS PRINCIPLE.
YOU KNOW WHAT I MEAN? UM, AND LOOK AT ALL THE DOCUMENTATION ARE BROUGHT IN THIS PRINCIPLE AND NOT GIVEN THE CHANCE TO DEFEND THEMSELVES BECAUSE THE ISSUE'S GONNA COME TO YOU AT SOME POINTS.
AND I UNDERSTAND WHAT YOU'RE SAYING, I DON'T WANT TO BE UNNECESSARILY ARGUMENTATIVE, BUT I MEAN, WHEN YOU READ THE STATUTES, IT'S JUST QUITE SPECIFIC ABOUT WHAT YOU CAN BRING IN THE CLOSED SESSION AND WHAT YOU CAN'T, AND I MEAN, IT JUST, I MEAN, I UNDERSTAND IF THIS IS A PRACTICE, THIS IS THE WAY IT'S DONE, IS THERE A CASE LAW TO TO SUPPORT THIS? ANYTHING OTHER THAN, SO YEAH, I MEAN THERE WOULD BE LOTS OF CA SO THE, ONE OF THE REALLY COOL THINGS ABOUT THE, UH, OPEN MEETINGS ACT, WHICH IS WHERE IT COMES FROM, IS THAT THERE, IT'S THE, IT'S A HIGHLY DEVELOPED BODY OF LAW.
AND WHAT I MEAN BY THAT IS THAT THERE'S A LOT OF ATTORNEY GENERAL OPINIONS CASES, SUPREME COURT DECISIONS ON A LOT OF THESE ISSUES.
SO WOULD THERE BE SOMETHING ON THAT? YES, THERE IS.
UH, I'M NOT SURE WHAT SPECIFIC PART YOU'RE TALKING ABOUT.
I WOULD ACTUALLY ARGUE THAT THOSE EXCEPTIONS ARE RATHER BROAD.
UH, WHEN IT SAYS I CAN TALK ABOUT REAL ESTATE, I WHAT WHAT ABOUT REAL ESTATE? THE SELLING, THE RENTING, THE OWNING, THE TRANSFERRING, THE WHAT ABOUT IT? SO I, I THINK THEY'RE, THEY'RE, I I WOULD ARGUE THEY'RE ACTUALLY KIND OF BROAD.
IF YOU WANNA DESCRIBE EM THAT WAY, LET'S GO.
IT'S JUST THAT WHEN, WHEN YOU READ THE PART ABOUT, UH, PERSONNEL, IT GOES INTO EXACTLY WHICH PERSONNEL ITEMS ARE ELIGIBLE FORECLOSED SESSION.
I MEAN, IT, IT DIDN'T SEEM TO BE BROAD TO ME AT ALL, BUT, YOU KNOW, I'M NOT A LAWYER.
UM, I I MEAN, I'LL, I'LL GO AHEAD AND REVISIT IT.
UM, BUT, YOU KNOW, IT'S JUST NOT TOO MUCH TROUBLE.
I DON'T HAVE AN ISSUE WITH THAT.
ANY OTHER QUESTIONS? I, I DO FAR AHEAD SOMETHING.
WELL I I DID HAVE A QUESTION AND THANK YOU.
UM, THERE SEEMS TO BE SOME CONFUSION ABOUT ATTACHMENTS TO, UH, THE AGENDA ITEMS. UM, AND THAT NOTHING LAW NECESSARILY SAYS THAT IT HAS TO BE HOWEVER, THE, UM, LOCAL POLICY IS THAT IT'S THREE DAYS PRIOR TO.
UM, BUT I ALSO KNOW THAT SOMETIMES THINGS CHANGE IN THE TIME WE POST UNTIL THAT MEETING, AND IT'S MY OBLIGATION TO SUPERINTENDENT TO GIVE THE BOARD THE MOST CURRENT INFORMATION.
AND SO I'VE ASKED MY TEAM TO ATTACH THINGS ENTITLED AS DRAFT.
AM I IN VIOLATION OF SOMETHING? NO.
I MEAN, LOOK, UM, THINGS CHANGE ALL THE TIME.
YOU'RE GONNA GIVE THE MOST UPDATE INFORMATION YOU HAVE AT THE TIME.
THAT'S SO WITH, WITH THAT STATED AS IT RELATES TO, UM, REQUESTING, SUPPORTING DOCUMENTS AND IF IT'S IN OUR PROCEDURES THAT SUPPORTING DOCUMENTS ARE TO BE PROVIDED MM-HMM.
IF THE, IF OUR PROCEDURE STATES THAT ANY ITEM ON THE AGENDA THAT IS POSTED IS TO BE POSTED WITH SUPPORTING DOCUMENTS ATTACHED, THEN THAT IS MERELY WHAT? THAT IS BLACK AND WHITE MM-HMM.
SO TO ATTACH ANYTHING, WELL, TO POST ANYTHING AND NOT HAVE ANY ATTACHING, UM, ATTACHMENTS YET PROVIDED
[01:40:01]
ON THE DAY OF MM-HMM.THAT, THAT, THAT CAN BE LOOKED AT AS AGAINST POLICY.
RIGHT? SO UNDER THAT PRESUMPTION, LET'S GO BACK TO THE WAY I TALKED ABOUT THE ENFORCEMENT OF POLICY, RIGHT? WHO GETS TO ENFORCE THE POLICY? THE BOARD.
SO RIGHT, IF YOU DON'T HAVE THE INFORMATION AND YOU DON'T FEEL READY TO MAKE A DECISION, WHAT DO YOU DO? YOU TABLE IT, YOU KNOW WHAT I MEAN? IF, OR, OR, OR YOU VOTE OR YOU VOTE IT DOWN, RIGHT? I MEAN, THAT'S THE AUTHORITY YOU HAVE MM-HMM.
UM, THERE, THERE IT IS NOT UNCOMMON, WELL, LET ME, LET ME REPHRASE THAT.
THERE ARE SITUATIONS WHERE SOMETIMES DOCUMENTATION IS NOT READY FOR BOARD MEETINGS.
AND WHEN IT'S NOT, THE BOARD HAS THE AUTHORITY TO VOTE IT DOWN OR VOTE IT UP, RIGHT.
IF YOU FEEL YOU NEED THE 72 HOURS TO MAKE THE DECISION MM-HMM.
UH, AND WHETHER YOU THINK THAT WAS SUFFICIENT INFORMATION IN TIME TO REVIEW IT.
WELL, CUZ WHAT, UM, I GUESS AT THIS POINT IS WHAT IS UNDERSTOOD IS THAT ALL ITEMS, ATTACHED ITEMS SUPPORTING DOCUMENTS SHOULD BE ATTACHED.
IF THERE IS ANY CHANGES THAT IF THERE ARE ANY CHANGES THAT NEEDS TO TAKE PLACE, THEN THERE SHOULD BE AN AMENDMENT TO WHATEVER'S ATTACHED.
SO, SO I THINK THIS BASED ON, ON YOUR, UM, OPERATING PROCEDURE GUIDELINES, THE SPIRIT OF WHAT I UNDERSTAND IS THERE'S A FULL INTENTION TO GET EVERYONE HERE ALL THE DOCUMENTS THREE DAYS BEFORE THE BOARD MEETING.
RIGHT? THAT'S EXACTLY WHAT I'M READING TOO.
IN PRACTICE, THAT'S NOT ALWAYS THE CASE.
UM, WHEN THAT'S NOT THE CASE, IF YOU AS A BOARD MEMBER DON'T FEEL COMFORTABLE BECAUSE YOU DIDN'T HAVE IT 72 HOURS, YOU, YOU'RE, YOU HAVE THE RIGHT TO VOTE THE WAY YOU WANT TO VOTE.
AND IF A SPECIFIC ITEM ON THE AGENDA DID NOT HAVE THE DOCUMENTATION YOU NEEDED WITH A SUFFICIENT TIME TO MAKE THAT DECISION, THEN ABSTAIN OR VOTE AGAINST IT OR TABLE TOTE MOTION TO TABLE IT.
SO JUST AS CLARIFICATION, YOU'RE STATING THAT IN LAW IT DOESN'T STATE THAT DOCUMENT HAS TO BE, UM, HAVE, WELL AN AGENDA DOES DO NOT HAVE TO HAVE A SUPPORTING DOCUMENT ATTACHED.
CAN YOU REPEAT THAT? I'M SORRY.
YOU'RE STATING PER LAW TEXAS LAW MM-HMM.
SO WHAT I'M STATING IS OKAY, THAT YOU AS A BOARD HAVE THE AUTHORITY TO MAKE DECISIONS.
FOR EXAMPLE, IF YOU'RE VOTING ON A CONSTRUCTION CONTRACT, YOU SHOULD HAVE THE CONSTRUCTION CONTRACT BEFORE YOU VOTE ON IT, RIGHT? ABSOLUTELY.
IF THE QUESTION IS, IS THERE A SPECIFIC STATUTE THAT SAYS THAT AS A BOARD MEMBER YOU ARE ENTITLED BY LAW TO HAVE THAT CONTRACT 72 HOURS BEFORE THE MEETING? THE ANSWER IS NO.
THERE IS NOT ACCEPTING YOUR OPERATING PROCEDURES THAT YOU CREATE THAT RULE.
OUR OPERATING PROCEDURES SAY IT DOES.
AND IF THAT CONSTRUCTION ITEM COMES TO YOU AND YOU DON'T HAVE THE CONTRACT 72 HOURS BEFORE AND YOU GET IT THE NIGHT OF THE BOARD MEETING, YOU AS A BOARD CAN ENFORCE YOUR OPERATING PROCEDURES, RIGHT? MM-HMM.
THAT'S THE CONSIDERATION THAT EACH OF YOU ON THIS BOARD HAS THE AUTHORITY TO DO.
IF YOU HAVE THE SUPPORT OF THE BOARD TO VOTE IT DOWN, THEN VOTE IT DOWN, RIGHT? IF YOU DON'T HAVE THE SUPPORT, THEN THE BOARD GETS TO VOTE ON THAT.
SO THAT'S HOW YOU ENFORCE THAT 72 HOUR PROVISION OF YOUR OWN OPERATING PROCEDURES.
WHAT I WOULD SAY IS THAT WHEN YOU MAKE THOSE DECISIONS, WEIGH IT IN, UH, WEIGH IT AS A WHOLE.
AND WHAT I MEAN BY THAT IS DECEMBER IS A SHORT MONTH.
OKAY? SOMETIMES SCHOOL BOARDS ONLY HAVE ONE BOARD MEETING.
IT COULD BE THAT THE ATTORNEYS FOR THE CONSTRUCTION COMPANY DIDN'T HAVE
[01:45:01]
THE DOCUMENTS 72 HOURS BEFORE THE BOARD MEETING AND GAVE IT TO THE SUPERINTENDENT THE MORNING OF THAT BOARD MEETING.AND THE CONTRACT WAS GIVEN TO THE DISTRICT WHEN IT WAS GIVEN TO THE DISTRICT.
RIGHT? AND THE SCHOOL HAD ALL, IN ALL INTENTION TO, UH, TAKE THE MATTER UP IN DECEMBER BEFORE GOING ON BREAK AND IN RECEIVING THE DOCUMENTS THE MORNING OF, OR THE NIGHT OF YOUR POSITION IS, I'M NOT GONNA CONSIDER THIS ITEM AND I WANT A MOTION TO TABLE IT BECAUSE I DIDN'T GET IT 72 HOURS BEFORE ON THE ATTORNEY'S FAULT FOR THE CONSTRUCTION COMPANY.
THEN I WOULD JUST SAY, WAIT IN HOLD.
AND WHAT I MEAN BY THAT IS, IF YOU TABLE THE CONSTRUCTION CONTRACT IN DECEMBER, DO YOU RUN THE RISK OF THE CONSTRUCTION PRICE GOING UP IN JANUARY? AND DO YOU AS A BOARD WANT TO TAKE THAT RISK? YOU CAN'T.
I'M JUST SAYING THAT LOOK AT THE WHOLE PICTURE WITH EACH ITEM THAT COMES IN.
DOES THAT MAKE SENSE? AND THAT'S, AND WHEN IT COMES GOOD.
THAT, THAT'S THE, THE BEST WAY I WOULD SAY YOU CAN ENFORCE IT IN POLICE IT.
AND SO EVEN SO IF THERE IS A CONTRACT, WE KNOW THE CONTRACT IS COMING CUZ IT'S ON THE AGENDA AND IT IS IN DECEMBER WHERE WE HAVE A SHORT MONTH OR NOVEMBER AND WE HAVE A SHORT MONTH, BUT I'M GONNA SAY DECEMBER.
SO SCHOOL WILL COME BACK AFTER THE FIFTH OR 6TH OF JANUARY IF WE DON'T APPROVE THAT CONTRACT BECAUSE WE GOT THE CONTRACT, THE SUPERINTENDENT HAS REVIEWED THE CONTRACT, OUR ATTORNEYS HAVE, UH, REVIEWED THE CONTRACT AND IF WE DON'T APPROVE IT, THE CONSEQUENCES IS OUR STUDENTS WILL NOT BE ABLE TO GO TO SCHOOL WHEN WE COME BACK FROM WINTER BREAK.
SO THAT WILL BE A CONS, A UH, ISSUE THAT WE REALLY, TRULY HAVE TO PUT OR ENTRUST OUR SUPERINTENDENT JUDGMENT AND OUR ATTORNEY JUDGMENT THAT THIS CONTRACT IS FULL AND IT STANDS FOR THE PRICE AND THE WORK WILL BE DONE IN TIME FOR THE KIDS TO COME BACK.
IS THAT, THAT'S SOMETHING STRONGLY THE BOARD NEEDS TO THINK OF WHEN THEY MAKE THAT DECISION.
RIGHT? THE BOARD HAS, EVERY BOARD MEMBER CAN CONSIDER THEIR OWN FACTORS AND THOSE ARE NOT UNCOMMON FACTORS, RIGHT? MM-HMM.
SO THE CONSERVATOR TELLS THE BOARD, YOU'VE GOTTA HAVE ALL YOUR DOCUMENTATION FOR THE BOARD MEETING, NOT THREE DAYS, BUT 10 DAYS BEFORE THE BOARD MEETING MM-HMM.
THE CONTRACT WAS NOT BACK BECAUSE THE ATTORNEYS FROM THE, FROM TRAIN HAD NOT GONE AND BACK TO US.
SO WE PLACED THE ITEM ON THE AGENDA TO APPROVE THE HVAC PURCHASES AND CONTRACT AGREEMENT WITHOUT HAVING THE CONTRACT BECAUSE THE CONSERVATOR THERE REQUIRED, WE DO IT 10 DAYS BEFORE THE BOARD MEETING.
AND THE BOARD MEETING WAS THE LAST MEETING IN JULY, IN JUNE BEFORE WE WENT OUT ON BREAK.
LIKE I WAS TRYING TO FIGHT THE CONSERVATOR AND BE LIKE, LOOK, I HAVEN'T GOTTEN THE CONTRACT.
IF WE DON'T INCLUDE THE ITEM AND I KNOW I DON'T HAVE IT, WE'RE NOT GONNA PURCHASE THE TRAIN UNITS.
IN THAT INSTANT, THE, THE THE CONSERVATOR BUCKLED DOWN LIKE, AND SAID, YOU'RE NOT GONNA PUT IT CUZ YOU DON'T HAVE THE DOCUMENTATION.
WE DIDN'T, WE DIDN'T GET TO APPROVE IT UNTIL AFTER THE SUMMER WAS OVER, THE PRICE WAS UP LIKE 22%.
THEY HAD TO FILE A, A COMPLAINT, A TA AGAINST A CONSERVATOR AND THE TA DETERMINED THE CONSERVATOR OVERSTEPPED THEIR BOUNDARIES BY NOT LETTING THEM HAVE THE CONTRACT ON THERE, EVEN THOUGH IT WAS AGAINST THE POLICY OF LONE STAR GOVERNANCE, OF HAVING IT 10 DAYS BEFORE.
BECAUSE TA SAID EXACTLY WHAT I WAS SAYING, LIKE, YOU JUST DIDN'T HAVE IT AND YOU WERE TRYING TO GET IT DONE, BUT YOU WERE SO STRICT IN YOUR RULES, YOU MISSED OUT ON THE PURCHASE AND IT WAS MORE EXPENSIVE AFTER THE BREAK.
AND THAT WAS A WHOLE, THE WHOLE SLEW OF DEAL.
QUICKLY, UH, YOU KNOW, WE JUST WENT THROUGH A MARATHON ROUND OF MEETINGS ABOUT THESE OPERATING GUIDELINES AND CONSTANTLY WE HAD THE PROBLEM OF CONFLATING POLICY AND PROCEDURE AND GUIDELINES.
SO SPECIFICALLY ARE POLICIES MANDATORY? HOW DO POLICIES COMPARE TO PROCEDURES? ARE PROCEDURES MANDATORY? YOU SHARED WITH US IN THE BEGINNING THAT IF THE BOARD DOESN'T FOLLOW POLICIES, FOLLOW
[01:50:01]
OUR OWN POLICIES, THEIR DIRE CONSEQUENCES WE GET YES.SO THE DEATH PENALTY AND ALL THAT.
BUT YOU'RE SAYING IF THE SUPERINTENDENT DOESN'T FOLLOW, EH, GIVE HIM A PASS IF YOU LIKE.
NO, I'M, I I HONESTLY NEEDS TO BE ENFORCED BY EVERYBODY.
I'M NOT SAYING THAT THERE'S A PASS TO THAT.
BY NO MEANS I'M SAYING THAT ANSWERS THE QUESTION.
I'M SAYING THE BOARD GETS TO DECIDE WHETHER OR NOT TO PASS THAT ON THE SUPERINTENDENT, NOT ME.
AND IF THE ISSUE IS SO PERSISTENT AND GRAVE AND PERVASIVE THAT IT BECOMES AN ISSUE THAT NEITHER THE BOARD ADDRESSES NOR THE SUPERINTENDENT AND WE HAVE A, A GOVERNANCE ISSUE, THEN TA COMES IN THAT THAT'S WHAT I'M SAYING.
I'M, I'M NOT SUGGESTING YOU IGNORE YOUR POLICIES.
I'M SAYING THAT YOU LOOK, YOU THERE, THERE SHOULD BE AN ENTIRELY FULL FAITH EFFORT TO ADHERE TO ALL YOUR POLICIES.
SO YOUR OPERATING PROCEDURES, YOU WERE PROVEN EVERYTHING.
ALL I'M SAYING IS THAT, UH, THE ENFORCEMENT OF THOSE POLICIES RESTS IN THIS BOARD FIRST BEFORE ANYBODY ELSE.
AND IF YOU'RE CONSIDERING THINGS LIKE THE EXAMPLES I'M GIVING YOU, IT'S UP TO THE BOARD TO DECIDE WHETHER OR NOT TO GIVE IT OR PASS.
AND IF THE BOARD WANTS TO TAKE, WANTS TO BE STRICT ABOUT IT, THE BOARD CAN BE STRICT ABOUT IT'S, IT'S YOUR POLICIES, YOU GET TO ENFORCE THEM.
TAKING YOU BACK TO THE, UM, AGENDA MM-HMM.
CAN YOU SPEAK TO WHEN THE DISTRICT CAN, UM, POST WITHOUT SPEAKING TO THE BOARD PRESIDENT ABOUT POSTING? CAN I SPEAK TO WHEN THE BOARD, THE SUPERINTENDENT CAN, WHEN THE DISTRICT CAN UTILIZE THOSE SIGNATURES TO POST AN AGENDA? JUST TO MAKE IT EASIER? LET ME JUST GIVE YOU THE SITUATION.
SO WE HAD A DISTRICT, UM, THE DIS THE DISTRICT HAD A DISTRICT, UM, RETREAT IN THE SUMMERTIME MM-HMM.
SO THAT WAS A DISTRICT, UH, EVENT.
IT WASN'T A BOARD EVENT MM-HMM.
SO THAT'S JUST TO COVER THE DISTRICT AND THE BOARD IF FOUR BOARD MEMBERS SHOWED UP.
SO AT THAT TIME, THEY DIDN'T NEED ME TO SAY REVIEW THIS AGENDA BECAUSE THAT AGENDA HAD NOTHING TO DO WITH THE SCHOOL BOARD.
THE AGENDA WAS POSTED JUST FOR PROTECTION.
SO I DIDN'T HAVE TO REVIEW THAT AGENDA.
IS THAT CORRECT? THAT'S CORRECT.
I MEAN, YOU COULD DECIDE THAT, YOU CAN DECIDE YOU'RE ALREADY APPROVING ALL POSTINGS OF THE SUPERINTENDENT RIGHT.
FOR MEETINGS THAT THE WHOLE BOARD IS INVITED TO.
AND IF YOU ALREADY, IF YOU'RE ESTABLISHING THAT THAT IS YOUR PRACTICES BOARD PRESIDENT, THAT YOU'RE APPROVING ALL OF THOSE, THEN SHE CAN DO IT BECAUSE YOU'RE ALREADY APPROVING IT.
AND THEN THE MEETING WAS NOT A BOARD MEETING, IT WAS A DISTRICT, WE WERE JUST INVITED TO ATTEND THEIR EVENT MM-HMM.
IT WAS NOT OUR MEETING AT ALL.
WE JUST COINCIDENTALLY COULD ALL POSSIBLY SHOW UP CUZ WE WERE INVITED TO ATTEND.
HOW DOES THAT, HOW DOES THAT CORRELATE WITH WHAT'S LAW SPACE AS IT RELATES TO AGENDA? BECAUSE THE LAW DOES NOT BREAK DOWN.
WHAT CAN, WHAT'S THE EXCEPTION OF AN AGENDA? THE LAW IS BLACK AND WHITE AS IT RELATES TO THE AGENDA.
SO HOW, HOW ARE GRAY AREAS CREATED WHEN LAW ALREADY STATES IN BLACK AND WHITE? WHAT IS AND WHAT ISN'T? SO THE AGENDAS, SO I'M, I'M, I'M GONNA GO BACK TO, TO THIS ONE RIGHT HERE.
UH, WITH THE BOARD PRESIDENT'S APPROVAL.
YOUR BOARD PRESIDENT COULD APPROVE ALL FUTURE AGENDAS FOR EVENTS SIMILAR TO THAT.
THAT'S THE APPROVAL, THAT'S THE CONSULTATION PER WHAT LAW OR PER, PER WHAT POLICY OR PROCEDURE FOR THIS ONE? AGAIN, CONSULTATION AND BOARD APPROVAL.
I MEAN BOARD PRESIDENT APPROVAL.
LIKE IN CONSULTATION WITH THE BOARD PRESIDENT AND THE BOARD PRESIDENT'S APPROVAL, I LIKE, THERE'S NOTHING THAT SAYS THE BOARD PRESIDENT HAS TO SIT DOWN WITH THE SUPERINTENDENT TO REVIEW AND SIGN OFF ON THE AGENDA.
SEE, SO I'M, PLEASE FORGIVE ME HERE, LET ME REPHRASE WHAT I'M ABOUT TO SAY.
UM, THINKING ABOUT MY WORDS TRUSTEE WOODFIELD BEFORE YOU, MAY I MAKE A STATEMENT? GO AHEAD.
SO I I I, I RECOGNIZE THAT THERE IS A PROBLEM WITH THAT PARTICULAR AGENDA AND I BELIEVE MOVING FORWARD, WE'RE ESTABLISHING RIGHT NOW THAT ANY FUTURE MEETINGS WILL HAVE THE PRESIDENT'S APPROVAL AND THAT CAN BE DONE VERBALLY VIA TEXT, VIA A FACE-TO-FACE MEETING.
[01:55:01]
OR SHE CAN GIVE, UH, SUPERINTENDENT PERRERA AUTHORITY TO POST MEETINGS UTILIZING HER SIGNATURE WITH THE APPROVAL MM-HMM.SO, UH, I, AGAIN, I I GET THE FACT THAT THERE IS A CONCERN ABOUT THAT PREVIOUS MEETING AND, UH, I BELIEVE IT'S BEEN ARTICULATED THAT THAT WAS ALSO WITHIN THE POLICY THAT WE HAD BEFORE US.
AND THERE MAY BE SOME DISAGREEMENT WITH THAT POLICY OR THE INTERPRETATION OF IT.
UH, BUT I, I WOULD, WOULD ASK THAT WE, I GUESS GET COME TO A CONSENSUS THAT NOW WE KNOW MOVING FORWARD THERE HAS TO BE SUPERINTENDENT, THE BOARD PRESIDENT'S APPROVAL ON ANY MOVE, ON ANY FUTURE AGENDAS.
AND I DON'T KNOW IF WE WANT THAT ARTICULATED TO US OF HOW SHE'S GONNA APPROVE THOSE OR WE'RE JUST GOING TO TAKE IT AS WRITTEN THAT SHE'S GOING TO HAVE THE AUTHORITY TO APPROVE THOSE AGENDAS AND, AND WE GOTTA MOVE FORWARD.
SO WITH THAT SAID, WHAT I WOULD LIKE TO SAY IS ONE, UM, ONE OF THE CONCERNS IS THIS, DO NOT STATE THAT THE PRESIDENT CAN, THERE IS NO GRAY AREAS OUT, LET ME JUST PUT IT THAT WAY.
THERE IS NO GRAY AREAS TO THE AGENDA PREPARATION.
IT CLEARLY STATE WHAT MUST TAKE PLACE WHEN YOU REFERENCE IT BACK TO LAW.
IT CLEARLY STATE WHAT MUST TAKE PLACE UNLESS WE HAVE SOMETHING LOCAL.
BUT OUR LOCAL POLICY AND PROCEDURES DO NOT TRUMP LAW.
ALL IT DOES IS BREAK THINGS DOWN SO WE CAN BETTER UNDERSTAND IT.
SO WITH THAT SAID, I'M HEARING THE GRAY AREAS, BUT AS A NEW TRUSTEE, I'M GOING BY WHAT'S BLACK AND WHITE.
SO IF ANYTHING IS DONE OUTSIDE, I TEND TO QUESTION THAT, AND IT BRINGS A CONCERN FOR ME.
SO IT IS NOT JUST ONE RETREAT, IT'S THE STATEMENT THAT I DON'T KNOW, AND MY SIGNATURE IS USED ON ITEMS THAT I DON'T KNOW WHAT'S GOING OUT.
SO IT, IT BRINGS A CONCERN WHEN A SIGNATURE IS BEING USED ON ITEMS THAT ARE GOING OUT WITHOUT, UM, THE PERSON'S SIGNATURE, THE PERSON WHOM SI WHOM THE SIGNATURE BELONGS TO.
IT'S NOT AWARE BECAUSE IN THE REASON I STATE THAT IS IF SOMEONE IS DELEGATED, UM, DELEGATED PARTY ON BEHALF OF THE BOARD, THEN IT'S, IT'S, IT'S LIKE ENTRUSTING THAT YOU ARE FOLLOWING POLICY AND PROCEDURES AS IT RELATES TO WHAT'S STATED LAW FIRST AND WHAT WE BREAK DOWN.
SO IT CAN BE UNDERSTOOD ON A LOCAL LEVEL, BUT THAT CAN CREATE AN ISSUE.
UM, WHEN YOU HAVE ITEMS THAT ARE SUBJECT TO GO ON AN AGENDA OR SUPPOSED TO GO ON AN AGENDA AND IT DON'T GO ON AN AGENDA AND 30 DAYS HAS PASSED, OR TWO MONTHS HAS PASSED, AND ITEMS ARE STILL NOT ON AN AGENDA THAT EVEN HAS BEEN SECOND.
SO FOR ME AS A NEW TRUSTEE, DON'T GIVE ME GRAY AREAS.
SO EVERYTHING THAT I READ, EVERYTHING THAT I UNDERSTAND, EVERYTHING THAT I COUNSEL IN IS RELATING TO LAW IS, YOU KNOW, YOU HAVE BEST PRACTICE.
BUT THEN YOU HAVE LAW, YOU HAVE POLICY, PROCEDURE.
BUT POLICY, PROCEDURE IS THE BREAKDOWN OF LAW, NOT THE EXCEPTION TOO.
SO AGAIN, WHAT'S IN FRONT OF US IS SPECIFIC.
AND IF THERE'S A GRAY AREA, PLEASE.
SO, YOU KNOW, I, LET ME JUST, UM, ANSWER, ANSWER THAT REAL QUICK.
UM, THERE, THERE'S A, THE SCHOOL DISTRICT I WORK WITH, AND I'LL JUST SAY THE NAME BECAUSE THIS BOARD PRESIDENT WOULDN'T CARE IF I MENTIONED THIS FROM, FROM HIM.
THE BOARD PRESIDENT HAD BEEN BOARD PRESIDENT IN 15 YEARS.
THEY'RE IN THAT SCHOOL DISTRICT.
AND THEIR APPROVAL AND THEIR MEETING WITH THE SUPERINTENDENT IS, I DON'T CARE TO REVIEW IT, APPROVE WHATEVER, USE MY SIGNATURE.
THEY ARE, THAT'S THEIR CONSENT.
THEY DON'T CARE WHAT THE SUPERINTENDENT APPROVES AND THAT IN, THEY ARE APPROVING WHATEVER THE SUPERINTENDENT APPROVES.
UM, THE REASON I SAY IT IS BECAUSE I, I, I POINT TO THIS PAGE RIGHT HERE.
UM, BECAUSE YOU HAVE OUR TEXAS GOVERNMENT CODE FI FIVE 1.1 43, THAT TALKS ABOUT NORMALLY CONSPIRED TO CIRCUMVENT THE ACT, UH, MR. STEVEN.
AND THAT'S THE ONE I WAS SAYING THAT WAS, UH, IN, IN THE COURT THAT IT'S GONNA GO BACK TO, TO INTERPRETATION FOR THE LEGISLATURE REGARDING THE, SOME OF THE CRIMINAL PENALTIES.
BUT RIGHT BELOW THAT YOU HAVE A JOURNEY, GENERAL OPINION.
[02:00:01]
UM, THERE WILL BE ALMOST NO STATUTE IN THE ENTIRE BODY OF LAW OF TEXAS THAT IS BLACK AND WHITE, JUST TO WHAT IT SAYS.AND I KNOW THAT SOUNDS REALLY CRAZY TO THINK ABOUT.
UM, AND THAT'S ONE OF THE MOST SHOCKING THINGS TO ME, EVEN WHEN I WENT TO LAW SCHOOL, BECAUSE FOR EVERY STATUTE THERE IS BODIES OF LAW THAT INTERPRET IT FROM DIFFERENT, UH, ATTORNEY GENERAL OPINIONS, DIFFERENT COURT CASES, DIFFERENT APPELLATE COURTS, SUPREME COURT, THE US SUPREME COURT, THE FIFTH CIRCUIT OF THE UNITED STATES.
AND SO I WISH THAT THE LAW WAS AS CLEAR AS, AS, AS IT PRETENDS TO BE.
UH, IF IT WAS, THEN THERE WOULDN'T BE A NEED FOR ATTORNEYS.
THERE IS A LOT OF GRAY AREA IN ALL OF THE LAW.
AND, UM, EVEN TODAY STANDING HERE, I DON'T HAVE THE ANSWER TO EVERY SINGLE GRAY AREA OF EVERY SINGLE ISSUE WE'RE TALKING ABOUT.
UM, BECAUSE I CAN RESEARCH EVERY ISSUE I'VE TALKED ABOUT TONIGHT AND HAVE A DISSERTATION ON EACH OF THESE ISSUES BE ON HOW MUCH LAW THERE IS, UH, ON, ON THESE THINGS.
AND SO, UM, IT'S REALLY HELPFUL TO WORK WITH VERY SPECIFIC EXAMPLES AND VERY SPECIFIC THINGS TO TRY TO GET THE BEST ANSWER.
BUT I MEAN, IS THE LAW CLEAR? YES.
DO WE KNOW WHAT IT TRIES TO TELL YOU? YES.
DOES IT, IS THERE A SPIRIT IN THE LAW? AND IF YOU'VE HEARD THAT TERM, THAT THE SPIRIT IS WHATEVER THE LAW IS TRYING TO PORTRAY THAT IT IS, YES.
BUT FOR EVERY LAW, THERE IS SO MUCH GRAY AREA THAT, I MEAN, I'M, THIS IS ONE LITTLE EXAMPLE OF THAT IN TERMS OF OF OF WHAT IT MEANS.
UH, WALKING QUORUM ON SERIAL MEETINGS.
AND THEN THIS IS JUST ONE OPINION.
UH, AFTER GREG ABBOTT, KEN PAXON ISSUED TWO MORE OPINIONS ON THE WALKING QUORUM.
AND NOW I HAVE EIGHT OPINIONS FROM THREE ATTORNEY GENERALS TELLING ME WHAT THE WALKING QUORUM IS.
UH, I WISH I COULD BE MORE USEFUL.
AND BY SAYING THAT, IT'S VERY CLEAR, UH, THE REALITY IS THAT IT'S NOT VERY CLEAR, BUT IT IS CLEAR ENOUGH TO UNDERSTAND WHAT IT'S TRYING TO SAY.
ONE, I CONCUR WITH YOU IN STUDYING LAW FOR THOSE WHO JUST COME ON THE BOARD, FOR THOSE WHO JUST BEING INTRODUCED TO EDUCATION LAW, IT IS A LOT.
IF IT TOOK ME FIVE YEARS PROBABLY FOR YOU TO GET YOUR LAW DEGREE RIGHT TO U SIX OR SEVEN YEARS.
BUT THERE WAS A COMMENT MADE THAT DISTURBS ME.
IT'S BECAUSE I WOULD NOT SIT IN MY POSITION TO ACCUSE OUR BOARD PRESIDENT OF DOING SOMETHING ILLEGAL.
BECAUSE IF A STATEMENT IS MADE, YOUR SIGNATURE IS OUT THERE AND YOU DON'T, YOU DON'T KNOW ANYTHING ABOUT IT.
THAT'S ALMOST SAYING YOU COMMITTING FRAUD.
AND I'M LIKE, THIS IS A BOARD PRESIDENT THAT COMMUNICATE WITH THE SUPERINTENDENT, THAT THE SUPERINTENDENT OF A SCHOOL DISTRICT CAME HERE WITH EXPERIENCE, DIDN'T COME HERE WITH NO EXPERIENCE IN SITTING THE SEAT.
CAME HERE WITH EXPERIENCE, WHAT A NATIONAL CERTIFICATION FOR SUPERINTENDENTS, TRAINED SUPERINTENDENTS TO BE SUPERINTENDENTS.
AND SO WITH ALL THE RESPECT BOARD PRESIDENT, THAT'S NOT WHAT I THINK.
I THINK THE RELATIONSHIP THAT YOU HAVE IN WORKING WITH OUR SUPERINTENDENT FOR OUR AGENDA TO MOVE FORWARD IS WARRANT.
AND I'LL CLEAR THIS UP JUST TO ENSURE, SO EVERYBODY ELSE HERE WILL UNDERSTAND WHERE THIS, UM, PIECE OF COMMUNICATION IS COMING FROM.
WE HAD A MEETING JULY 27TH, MYSELF, MR. JONES, MS. ALEXANDER, MS. WHITFIELD, AT THAT TIME, IT WAS PRIOR TO, OR RIGHT AFTER THE DISTRICT RETREAT FOR THE, THAT DR PER HAD FOR HER LEADERSHIP TEAM AT THE REC CENTER THAT WE WERE ALL INVITED TO.
I MENTIONED SHE WAS, UM, MS. WHITFIELD ASKED, WHY DIDN'T WE REVIEW THE AGENDA OR SOMETHING TO THAT EFFECT? AND I SAID, WELL, I HADN'T EVEN SEEN THE AGENDA.
PER AND POSTED THIS AND IT WAS POSTED BECAUSE THE WHOLE BOARD WAS REQUESTED TO BE THERE TO MAKE SURE THAT WE DON'T, IF WE ALL SHOW UP, WE'RE PROTECTED.
IN MY MIND, WHEN IT CAME TO A DISTRICT RETREAT, I DON'T NEED TO REVIEW THE AGENDA, FIRST OF ALL.
CAUSE IT HADN'T, HADN'T BEEN ANYTHING TO DO WITH THE BOARD MEMBERS.
THIS WAS SOMETHING SHE PUT TOGETHER FOR HER, HER CABINET FOR THEM, THEM TO DO.
AND THEY JUST INVITED US, YOU KNOW, FOR INFORMATIONAL PURPOSES CUZ IT PERTAINED DISTRICT INFORMATION.
THEREFORE, I, AS MS. MORRIS SAID, WE HAVE AN EXPERIENCED SUPERINTENDENT AND HER ASSISTANT WOULD KNOW THAT IF THE WHOLE BOARD IS ATTENDING THAT THIS AGENDA MUST BE POSTED TO PROTECT THE BOARD IN CASE FOUR ATTENDED.
SO YOU ALL WILL KNOW WHERE MS. WHITFIELD IS COMING FROM
[02:05:01]
WITH THAT COMMENT.BUT THERE WAS NO NEED FOR ME TO REVIEW OR APPROVE THAT AGENDA BECAUSE IT WAS NOT OUR AGENDA, JUST FOR CLARITY.
SO EVERYONE WILL UNDERSTAND, JUST FOR CLARITY, SO I CAN SPEAK FOR MYSELF WHERE IT'S COMING FROM.
UM, IT WASN'T THE RETREAT THAT I QUE THAT IT WASN'T ONLY THE RETREAT THAT I QUESTIONED, IT WAS THE STATEMENT THAT WAS MADE THEREAFTER, UM, WHILE DISCUSSING THE RETREAT.
SO I FOLLOWED IT UP WITH AN EMAIL, UM, REFERENCING BACK TO THE AUDIO, THE ZOOM AUDIO.
AND I ASKED THE QUESTION, UM, AND THE QUESTION WAS NOT DIRECTLY ANSWERED BY, UM, THE PRESIDENT.
UM, THE PHRASE THAT WAS PROVIDED, UM, BY MS. ALEXANDER IS THAT IT'S HER SIGNATURE AND SHE CAN AUTHORIZE ANYBODY USE HER S TIME SHE WANTS, SHE'S THE PRESIDENT.
SO, BUT AS IT RELATES TO WHAT WE'RE HERE FOR NOW, IS TO GET CLARIFICATION, IT WAS NOT TO SPEAK OF ANYTHING SPECIFIC AS IT RELATES TO A SITUATION.
AND I DID NOT COME HERE TO SPEAK OF ANYTHING IN DETAIL TO PULL ANYBODY OUT OR DIRECT ANYTHING.
BUT YET QUESTIONS AND CONCERNS THAT I HAVE EMAILED, UM, AS IT RELATES TO POLICY PROCEDURES.
WHEN I'M NOTICING THINGS AND I'M ASKING QUESTIONS OR WHEN A STATEMENT THAT'S MADE OR WHAT HAVE YOU, I, I AM A NEW BOARD MEMBER AND I AM TRYING TO UNDERSTAND, SO I DO HAVE A LIST OF QUESTIONS THAT I WAS ASKING AS IT RELATES TO POLICY AND PROCEDURE, NOT TO POINT OUT ANYTHING OR LET, SHOULD I SAY A SITUATION SPECIFICALLY, BECAUSE THAT ALONE IS ANOTHER CONVERSATION AT THE SAME TIME THEN IF WE'RE GONNA START POINT PULLING THINGS OUT, WHICH I DON'T THINK THIS MEETING, THIS TRAINING WOULD JUSTIFY EVERYTHING THAT I HAVE IN WRITING AS IT AS IT RELATES TO SPECIFIC SITUATIONS.
UM, BUT THEN THAT MEANS WE HAVE TO GO BACK AND REVIEW EVERYTHING.
AND I DON'T MIND GOING BACK AND REVIEWING EVERYTHING, BUT I AM CONSIDERATE OF THE REASON OF WHY WE'RE HERE.
SO AGAIN, TO BE CLEAR, IT IS NOT JUST CUZ IT'S A RETREAT, IT WAS ADDITIONAL STATEMENTS THAT WAS MADE DURING THAT THAT LED TO A FOLLOW UP EMAIL THAT REFERENCED TO THE SIGNATURE BEING HER SIGNATURE BEING USED.
AND SHE'S NOT AWARE THAT'S WHAT THAT WAS IN IT.
AND THAT WENT BEYOND THE CONVERSATION OF THE RETREAT THAT WENT INTO THE EMAIL.
BUT I'M GONNA PAUSE RIGHT THERE BECAUSE I'M TRYING TO STAY FOCUSED ON THIS TRAINING AND GET THROUGH THESE QUESTIONS.
AND IT'S ALREADY EIGHT O'CLOCK.
CAN WE TAKE A BREAK? A FIVE MINUTE BREAK? BATHROOM BREAK PLEASE? SURE.
WE WERE EIGHT O'CLOCK
YOU ALL JUST IN LIEU OF TIME SURE.
WE KNOW YOU HAVE ABOUT 60 SLIDES.
IF YOU WOULD KIND OF ROLL THROUGH YOUR SLIDES FOR US AND THE TRUSTEES WILL HOLD THE QUESTIONS.
IF THEY HAVE QUESTIONS, THEY WILL SEND THEM TO ME.
I'LL SEND 'EM TO YOU TO GET THEM ANSWER, THEN WE'LL DISTRIBUTE 'EM BACK OUT.
CAUSE SOME PEOPLE HAVE NEED TO LEAVE.
DO WE GET A, A COPY OF THIS? YES.
SO I'M JUST GONNA KIND OF HYPER JUMP THROUGH THEM.
SO COVER THE BIGGER TOPICS ON, ON THERE.
UH, THE LAST THING I'LL PUT ON, UH, REGARDING AN UNDER PREPARATION.
THE QUESTION THAT CAME UP RIGHT NOW WAS THE EXECUTIVE SESSION, UH, BACKUP MATERIAL THAT YOU ALL HAVE.
UM, THE EXECUTIVE SESSION IS BY NATURE CONFIDENTIAL.
UH, THAT INFORMATION USUALLY ISN'T SENT OUT OR PUT OUT BECAUSE IT IS USUALLY INCLUDES EMPLOYEE NAMES, UH, SOCIAL SECURITY NUMBERS, DATE OF BIRTH APPLICATIONS, THINGS THAT ARE CONFIDENTIAL.
IT IS NOT UNCOMMON FOR NOT ALL OF EXECUTIVE SESSION TO NOT BE SENT TO THE BOARD UNTIL THEY GIVE THE EXECUTIVE SESSION BINDER AT THE MEETING THAT BEING SENT.
SOMETIMES THERE IS STUFF THAT IS PUT OUT.
UH, FOR EXAMPLE, I GO BACK TO THE CONSTRUCTION CONTRACT I TALKED ABOUT.
RIGHT? IF WE HAVEN'T, AND DISCUSSING EXECUTIVE SESSION, IT'S CAN BE SOMETIMES GIVEN WHEN IT'S NOT CONFIDENTIAL.
UH, BUT A LOT, OFTENTIMES A LOT OF STUFF IS NOT BECAUSE OF ATTORNEY CLIENT PRIVILEGE BECAUSE OF, BECAUSE CONFIDENTIAL INFORMATION OF EMPLOYEES, SENSITIVE TOPICS OF STUDENTS, VARIOUS REASONS.
SO I'M GONNA GO REAL QUICK THROUGH THESE.
WHAT ARE THE OTHER TOPICS I WAS GONNA TALK ABOUT WAS ACCESS TO INFORMATION.
UH, YOU ALL HAVE POLICIES ON ACCESS TO INFORMATION.
THERE ARE TWO WAYS YOU CAN ACCESS INFORMATION.
NUMBER ONE IS AS A BOARD MEMBER IN THE CAPACITY AS A BOARD MEMBER AND TWO, IN THE CAPACITY AS AN INDIVIDUAL COMMUNITY MEMBER.
IF YOU'RE ASKING FOR INFORMATION AS A COMMUNITY MEMBER, THEN YOU HAVE TO PAY, YOU HAVE TO WAIT FOR 10 DAYS AND YOU'RE SUBJECT TO AN ATTORNEY GENERAL OPINION.
IF YOU'RE ASKING FOR INFORMATION AS A BOARD MEMBER,
[02:10:01]
THEN YOU DON'T HAVE TO PAY.BUT DEPENDING ON WHAT YOU'RE ASKING, DEPENDS HOW FAST YOU GET IT AND WHEN YOU GET IT.
I'M GONNA GO QUICK THROUGH THIS.
I WANT TO POINT OUT JUST THIS ONE RIGHT HERE IN YOUR OPERATING PROCEDURES.
UH, I THINK IT'S IN YOUR OPERATING PROCEDURES.
YOU CAN, YOU CAN PROBABLY SKIP OPERATING PROCEDURES.
WE'RE GETTING READY TO REDO THAT COMPLETELY.
SO IF, I MEAN, IF EVERYBODY ELSE, YOU KNOW, THE WORK WE'VE PUT INTO THAT, THAT YOU DIDN'T HAVE A SECTION FOR OPERATING PROCEDURES, DID YOU? I I WAS BENDING IT IN, IN RELEVANT TOPICS AS WE'RE GOING THROUGH.
SO IT WAS LIKE, I WOULD RATHER YOU COVER EVERYTHING SINCE WE ARE HERE WITH THE TRAINING, IN MY OPINION, BECAUSE I DON'T WANT ANY MISPERCEPTION WITH YOUR TRAINING.
WHATEVER YOU ALL TELL ME TO DO.
WELL AT THIS POINT, WE HAVE NOT CHANGED THEM.
SO WHAT STANDS RIGHT NOW IS WHAT'S IN PLACE FOR THE BOARD OPERATING PROCEDURES.
RIGHT? SO WHAT I, WHAT I DID IN THIS ONE IS I GOT YOUR POLICIES AND WHATEVER I FOUND ONLINE FOR OPERATING PROCEDURES.
UM, SO WHEN ACTING IN BOARD CAPACITY, THE BOARD MEMBER HAS INHERITED RIGHTS TO ACCESS INFORMATION FOR DOCUMENTS YOUR RECORDS MAINTAINED BY THE DISTRICT.
THE DISTRICT WILL PROVIDE THE INFORMATION AND DOCUMENTS TO THE BOARD MEMBERS AND THE TEXAS PUBLIC INFORMATION ACT WITH THAT IN REGARD WHETHER THE REQUESTED ITEMS ARE SUBJECT TO OR RELATE TO AN ITEM LISTED ON THE AGENDA FOR THE UPCOMING MEETING.
THAT'S WHEN YOU'RE REQUESTING, UH, THROUGH PUBLIC INFORMATION ACT AS A PRIVATE CITIZEN OR YOU'RE REQUESTING INFORMATION FROM THE DISTRICT.
THERE ARE SOME CONSTRAINTS TO THAT.
DOCUMENTS CAN BE REDACTED FOR INFORMATION, WHETHER THERE'S CONFIDENTIAL INFORMATION THAT CANNOT BE DISCLOSED, SUCH AS FERPA, UH, SUCH AS, UH, OTHER PRIVACY ISSUES THAT YOU THAT, THAT COME UP.
UH, EMPLOYEE SOCIAL SECURITY NUMBERS, UH, ISSUES WITH MEDICAL CONDITIONS, THINGS LIKE THAT, THAT CAN BE REDACTED FROM, UH, FROM DOCUMENTS THAT THE BOARD IS REQUESTING.
UH, FACILITIES DISTRICT, UH, VISITS TO DISTRICT FACILITIES.
THE DISTRICTS OF CREATIVE POLICY ON VISITS TO DISTRICT CAMPUSES.
FACILITIES AS EDUCATION CODE BOARD MEMBERS WILL ADHERE TO ANY POSTED REQUIREMENTS FOR VISITORS TO FIRST REPORT TO THE MAIN OFFICE OR TO A DISTRICT VICINITY, INCLUDING A SCHOOL CAMPUS VISITS DURING SCHOOL OR BUSINESS STATION.
NOT BE PERMITTED IF THEIR DURATION OR FREQUENCY INTERFERES WITH THE DELIVERY OF INSTRUCTION OR DISTRICT PREPARATIONS.
THESE ARE CONSIDERATIONS THAT CAN BE TAKEN BY AN ADMINISTRATOR OR BY THE SUPERINTENDENT WITH RESPECT TO VISITS IS WHETHER OR NOT THEY'RE INTERFERING WITH THE DELIVERY OF INSTRUCTION, UH, IN YOUR OPERATING PROCEDURES.
THIS IS ONE OF THOSE THAT'S IN THERE FOR TRUSTEE SCHOOL VISITS.
TRUSTEES ARE ENCOURAGED TO ATTEND SCHEDULED SCHOOL EVENTS IF TIME PERMITS TO SHOW SUPPORT FOR SCHOOL.
TRUSTEES SHALL NOT GO TO TEACHER CLASSROOMS OR CAMPUSES WITHOUT AN ADMINISTRATOR BEING PRESENT.
TRUSTEES SHALL CONTACT THE SUPERINTENDENT'S OFFICE PRIOR TO THE VISIT, EXCEPT WHEN ATTENDING A SCHEDULED SCHOOL FUNCTION.
AND TRUSTEES MUST FOLLOW SECURITY PROCEDURES WHEN VISITING THE CAMPUS.
IF EMPLOYEES, PARENTS, STUDENTS, OR THE MEMBERS OF THE COMMUNITY BRING CONCERNS OR COMPLAINTS TO INDIVIDUAL BOARD MEMBER, HE OR SHE SHALL REFER THEM TO THE SUPERINTENDENT OR THE APPROPRIATE ADMINISTRATOR WHO SHALL PROCEED ACCORDING TO THE APPLICABLE COMPLAINT POLICY IS ACCORDING TO YOUR D GBA.
HOWEVER, YOU ALL HAVE AN OPERATING PROCEDURE THAT LIMITS THIS.
JUST PASS GIVING THE INFORMATION TO YOUR SUPERINTENDENT AND YOUR SUPERINTENDENT COMMUNICATION.
SO I'LL GO INTO THAT ONE RIGHT NOW.
WHEN THE CONCERN OR COMPLAINT DIRECTLY PERTAINS TO THE BOARD'S OWN ACTIONS OR POLICY FOR WHICH THERE IS NO ADMINISTRATIVE REMEDY, THE BOARD MEMBER MAY REQUEST THAT THE ISSUE PLACE ON THE AGENDA, RELATIONSHIP AND COMMUNICATION WITH YOUR SUPERINTENDENT COMMUNICATIONS, THE PRESIDENT OF THE BOARD SHALL MEET WITH THE SUPERINTENDENT ON A REGULAR BASIS.
THE SUPERINTENDENT WILL COMMUNICATE WEEKLY WITH THE TRUSTEES.
THE ELECTRONIC BOARD NEWSLETTER.
THE SUPERINTENDENT WILL COMMUNICATE TO ALL TRUSTEES ANY INFORMATION REQUESTED BY ANY TRUSTEE UNLESS RELEASE ASSISTANCE INFORMATION IS UNLAWFUL.
THE BOARD WILL INTERNALLY COMMUNICATE THROUGH PUBLIC HEARINGS, BOARD MEETINGS, CONFERENCES AND CONVENTIONS, SCHOOL PARTICIPATION AT ELECTRONIC COMMUNICATION THROUGH THE SUPERINTENDENT'S OFFICE.
INDIVIDUAL TRUSTEES CANNOT SPEAK IN AN OFFICIAL CAPACITY OUTSIDE THE BOARDROOM OR CALL OR ATTEND MEETINGS AS A REPRESENTATIVE OF THE BOARD, EXCEPT A SET FOR HEARING IN THE BOARD POLICY.
THE SUPERINTENDENT WILL PHONE THE TRUSTEES WITH ANY URGENT INFORMATION.
THEY CANNOT WAIT FOR THE WEEKLY UPDATE.
TRUSTEES WHO WISH TO SHARE RELEVANT INFORMATION TO THE DISTRICT, BUSINESS OR ISSUES BEFORE THE BOARD, SURE.
RELAY THE INFORMATION TO THE BOARD PRESIDENT OR SUPERINTENDENT FOR DISTRIBUTION TO ALL TRUSTEES IN THE WEEKLY COMMUNICATION BOARD NEWSLETTER AND IDENTIFIABLE LETTERS ADDRESSED TO THE BOARD OF TRUSTEES FROM THE COMMUNITY WILL BE FORWARDED TO THE BOARD PRESIDENT OR SUPERINTENDENT FOR INCLUSION IN THE WEEKLY ELECTRONIC COMMUNICATION NEWSLETTER.
I'M PULLING THIS RIGHT OUT OF YOU.
ALL'S OPERATING PROCEDURES, UM, DECISIONS FOR INSTRUCTED FOR INDIVIDUAL BOARD MEMBERS, OFFICERS OR COMMITTEES M CASE, A BOARD MEMBER REQUEST INFORMATION NOT RELATED TO A MEETING IN THE AGENDA.
THE REQUEST WILL BE MADE DIRECTED TO THE SUPERINTENDENT.
THE SUPERINTENDENT WILL DETERMINE IF THE INFORMATION REQUESTED IS AVAILABLE FROM EXISTING SOURCES OR RECORDS, OR IF IT REQUIRES A SPECIAL ONE, TIMELY ONLY REPORT.
INFORMATION CAN BE PROVIDED FROM READILY AVAILABLE DATA WITH LITTLE USE OF STAFF TIME.
IT WILL BE PROVIDED AS SOON AS REASONABLE.
UH, REMEMBER THERE'S NO TIME LIMIT.
[02:15:01]
AS DIFFERENT FROM REQUESTING AS A COMMUNITY MEMBER.UM, ALL BOARD MEMBERS WILL RECEIVE A COPY OF THE INFORMATION PROVIDED TO THE REQUESTING BOARD MEMBER.
IN THE EVENT THAT REQUEST REQUIRES A SPECIAL REPORT, A DIVERT STAFF FROM ESTABLISHED PRIORITIES, THE SUPERINTENDENT WILL NOTIFY THE REQUESTER AND THE BOARD PRESIDENT.
THE BOARD PRESIDENT WILL PLACE THE ITEM, REQUEST IT FOR INFORMATION ON THE NEXT MEETING ON THE AGENDA TO DETERMINE IF THE MAJORITY OF THE BOARD AGREES THAT THE REQUEST OF THE INFORMATION IS IMPORTANT FOR ITS FUTURE DECISION MAKING, UH, ISSUES.
UH, AND IF THE BOARD AGREES THAT THE INFORMATION IS IMPORTANT, THE SUPERINTENDENT WILL DIRECT THE REPORT BE DEVELOPED AND PROVIDED AS REQUESTED BY THE BOARD.
ALL BOARD MEMBERS WILL RECEIVE A COPY OF THE REPORT GENERATED BY THE BOARD MEMBERS REQUESTING ACCORDANCE TO THIS PROCEDURE.
UM, SO ESSENTIALLY, IF YOU'RE REQUESTING SOMETHING AS A, AS AN INDIVIDUAL COMMUNITY MEMBER, JUST KNOW THAT YOU CAN REQUEST IT ON YOUR OWN WITHOUT GOING THROUGH THIS PROCESS.
A 10 BUSINESS DAY RULE THAT'S GONNA REQUIRE YOU TO PAY FOR THE COST OF BOARD BEING PROVIDED.
AND YOU'RE SUBJECT TO THE VERY STRICT LIMITATIONS OF THE OPEN MEETINGS ACT.
THOSE LIMITATIONS MEAN, UH, SAY YOU CAN ONLY REQUEST DOCUMENTS THAT ARE ALREADY IN EXISTENCE.
THE DISTRICT DOESN'T HAVE TO CREATE DOCUMENTS.
DISTRICT DOESN'T HAVE TO CREATE REPORTS.
UM, AND THAT'S WHAT THE REGULAR ONE DOES.
IF YOU'RE REQUESTING AS A BOARD MEMBER FOR INFORMATION THAT DOESN'T EXIST THAT YOU WANT CREATED, THAT COMES TO THE BOARD FOR APPROVAL TO CREATE THE DOCUMENTS, UM, AS OUTLINED HERE IN YOUR POLICIES THAT YOU SEE HERE.
SO AGAIN, JUST PULLING IT OUTTA YOUR OWN POLICIES IN THERE FOR Y'ALL TO CHECK OUT SPECIFIC POWERS AND DUTIES THE BOARD SHALL.
UH, WE ALREADY COVERED, YOU HAD 5 0 1, SO I'M GONNA SKIP THROUGH THIS ONE CAUSE WE DID COVER THAT.
GO AND OVERSEE THE MANAGEMENT OF THE PUBLIC SCHOOLS.
SO AGAIN, YOU'RE THE GOVERNING PARTY AND YOU'RE THE OVERSEERS OF THE MANAGEMENT.
YOU'LL ADOPT RULES AND BYLAWS.
THOSE ARE YOUR POLICIES, YOUR PROCEDURES, AND ALL THAT KIND OF GOOD STUFF WE WERE TALKING ABOUT EARLIER.
YOU SHOULD ADOPT POLICY TO ESTABLISH DISTRICT AND CAMPUS LEVEL PLANNING AND DECISION MAKING PROCESSES.
ADOPT THE VISION STATEMENT AND COMPREHENSIVE GOALS FOR THE DISTRICT AND THE SUPERINTENDENT, AND MONITOR THE PROGRESS TOWARDS THOSE GOALS.
UH, YOU SHALL ENSURE THE SUPERINTENDENT IS ACCOUNTABLE FOR ACHIEVING PERFORMANCE RESULTS, FOR RECOGNIZING PERFORMANCE ACCOMPLISHMENTS, AND TAKE ACTION AS NECESSARY TO MEET THE PERFORMANCE GOALS.
YOU SHALL ADOPT COLLEGE CAREER AND MILITARY READINESS PLANS.
THE BOARD ALSO SHALL LET YOU COLLECT TAXES.
YOU ALL DO THAT WHEN YOU HIRE THE TAX COLLECTION AGENCIES.
ALL POWERS AND DUTIES, NOT SPECIFICALLY DELEGATED BY STATUTE, UH, TO TA ON THE STATE BOARD OF EDUCATION, ARE RESERVED FOR THE BOARD.
THAT'S ONE OF THOSE WHERE THERE'S, YOU WANNA DO SOMETHING, WE GOTTA SEE THE TA HAS THE AUTHORITY OR THE SBO HAS THE AUTHORITY.
AND IF NOT, WE MAKE A DETERMINATION THAT YOU HAVE THE AUTHORITY FOR THAT.
UH, EMPLOYEE COMPENSATE, TAX ASSESSOR TO COLLECT, UH, AND COMPENSATE AS THE BOARD CONSIDERS APPROPRIATE.
ADOPT AND FILE A BUDGET FOR THE NEXT SUCCEEDING FISCAL YEAR.
UH, LIMIT REDUNDANT REQUESTS FOR INFORMATION.
THIS IS ONE OF THOSE REALLY INTERESTING ONES, UM, THAT SAYS THAT YOU HAVE THE AUTHORITY TO LIMIT REDUNDANT REQUESTS FOR INFORMATION AND THE NUMBER OF LENGTH OF WRITTEN REPORTS AND CLASSROOM TEACHERS REQUIRED TO PREPARE THE BOARD SHALL REVIEW PAPERWORK REQUIREMENTS IMPOSE OF CLASSROOM TEACHERS AND TRANSFER TO EXISTING NON-INSTRUCTIONAL STAFF REPORTING TESTS THAT CAN RE REASONABLY BE ACCOMPLISHED BY THE STAFF.
I DON'T EVEN KNOW WHAT THAT MEANS.
IT'S ONE OF THOSE STATUTES THAT'S JUST THERE THAT SAYS THE BOARD CAN DO THAT.
I GUESS I, ALL I CAN INTERPRET THAT TO BE IS THAT IN THEORY YOU CAN LOOK AT THE AMOUNT OF REPORTING YOUR TEACHERS ARE DOING AND SEE WHAT YOU CAN TAKE AWAY FROM THEM.
I CAN GIVE YOU AN EXAMPLE IN MY BOARD.
AND, UM, FRESHMAN TOOK ACTION TO ALLOW SPECIFIC SPECIAL ED TEACHERS TO JUST, SO I WAS GONNA GIVE AN EXAMPLE THAT, UH, IN MY PREVIOUS DISTRICT, THE BOARD TOOK ACTION TO ALLOW US TO HAVE SPECIFIC TEACHERS DO IEPS AND THOSE WHO JUST WANTED TO TEACH, TEACH, BUT THEY WERE BOTH SPECIAL ED TEACHERS.
SO WE ELIMINATED THE PAPERWORK FROM THE CLASSROOM AND WE HAD, I GUESS, CASE MANAGERS, IF YOU WILL, THAT MANAGED CASES FOR STUDENTS.
I'M NOT IN THE CLASSROOM, SO I WOULDN'T ADJUST THAT
UM, YOU CAN ADOPT EARLY CALENDAR LITERACY AND MATHEMATIC PROFICIENCY PLANS AS WELL.
UH, THE BOARD ALSO, I HAVE THE DISTRICT FISCAL ACCOUNTANTS AUDIT THE DISTRICT EXPENSES BY A CERTIFIED PUBLIC ACCOUNTANT.
YOU'LL HIRE AN AUDIT TEAM FIRM EVERY YEAR TO COME AUDIT YOU.
THAT'S PART OF THE POWERS THAT EMPOWER YOU TO DO THAT.
AND OF COURSE, EVALUATE THE SUPERINTENDENT PERFORMANCE AT LEAST ANNUALLY.
USING THE COMMISSION IS RECOMMENDED.
APPRAISAL PROCESS WILL PROCESS CRITERIA ADOPTED BY THE BOARD, UH, PROVIDE OVERSIGHT REGARDING STUDENTS ACADEMIC ACHIEVEMENT AND STRATEGIC LEADERSHIP FOR MAXIMIZING STUDENT PERFORMANCE.
THIS RIGHT HERE, THE REASON I SINGLE THIS ONE OUT IS BECAUSE THIS IS WHAT TAA IS HANGING THEIR ENTIRE LONE LONESTAR GOVERNANCE, UH, PLAN ON.
ALRIGHT, THE TA UH, AND I DON'T KNOW, THERE'S SOMETHING, I'M SURE THERE'S SOME LONESTAR GOVERNANCE FANS ON HERE.
UM, AND THIS IS WHERE IT EMPOWERS IT WHERE TA SAYS THAT THE BOARD'S ONLY
[02:20:01]
MAIN GOAL IS ACADEMIC ACHIEVEMENT AND MAXIMIZING STUDENT PERFORMANCE.AND THAT EVERYTHING NEEDS TO RELATE TO THIS SPECIFIC POLICY.
I PUT IT OUT THERE CUZ IT'S AN INTERESTING POLICY.
BUT AN ENTIRE PROGRAM LIKE LONE STAR GOVERNANCE WAS CREATED FROM IT.
UH, SO I I POINT THIS ONE OUT.
UM, SPECIFIC POWERS OF THE BOARD MAY DO SO.
ALL THE ONES WE COVERED HERE WERE THE ONES YOU SHALL.
AND NOW WE'RE GONNA GO OVER SOME OF THE ONES THAT YOU MADE.
YOU MAY LEN PLEDGE AND COLLECT ANNUAL
ALL THAT IS YOUR INS, ALL THAT KIND OF STUFF THAT WE, THAT YOU ALL TALK ABOUT WITH YOUR, UH, ACCOUNTANTS AND YOUR FINANCE, UH, CONSULTANTS.
UH, WHEN YOU'RE SETTING YOUR, ADOPTING YOUR BUDGETS REQUIRED DISTRICTS CHIEF BUSINESS OFFICIAL OR CURRICULUM DIRECTOR OR PERSON HOLDING ABILITY POSITION TO APPEAR IN AN EXECUTIVE SESSION ON THE BOARD TO TESTIFY FOR PUBLIC HEARINGS BY THE BOARD.
YOU CAN ADOPT RULES THAT REQUIRE STUDENTS AT A SCHOOL OR THE DISTRICT TO WEAR UNIFORMS BEST ON THE BOARD.
OPERATE SCHOOL PROGRAMS, INCLUDING EXTRACURRICULAR ACTIVITY PROGRAMS HELD, UH, FOR HOLDING CLASS OUTSIDE THE BOUNDARIES OF THE DISTRICT.
THE BOARD GETS TO APPROVE ALL THOSE PROGRAMS THAT YOU ALL HAVE FOR EXTRA EXTRACURRICULARS, THE BAND, ROTC, ALL THOSE THINGS.
REST ON THE BOARD WHAT PROGRAMS TO CREATE.
UM, LEMME JUMP INTO THE SUPERINTENDENT INFORMATION REAL QUICK.
AND I'M TRYING TO GO THROUGH, YOU'RE GONNA HAVE ALL THIS, BUT I WANT TO BRING LIGHT TO IT.
UM, THE BGA LEGAL POLICY PROVIDES A USEFUL SUMMARY OF THE SUPERINTENDENTS WILL RESPONSIBILITIES.
NUMBER ONE, THEY ASSUME THE ADMINISTRATIVE RESPONSIBILITY, THE LEADERSHIP PLANNING ORGANIZATION, OPERATION SUPERVISION, EVALUATION, EVALUATION, EDUCA OF EDUCATIONAL PROGRAMS, SERVICES AND FACILITIES OF THE DISTRICT FOR THE ANNUAL PERFORMANCE APPRAISAL OF THE DISTRICT STAFF.
YOUR SUPERINTENDENTS IN CHARGE OF ALL OF THIS.
NOTICE HOW IT INCLUDES FACILITIES, STAFF EVALUATION PROGRAMS, SERVICES.
THEY ARE THE ONES WHO ARE IN CHARGE OF THE DISTRICT.
THEY PROVIDE LEADERSHIP AND DIRECTION FOR THE DEVELOPMENT OF AN EDUCATIONAL SYSTEM THAT IS BASED ON THE NEED TO STUDENTS ON STANDARDS OF EXCELLENCE, EQUITY, AND OTHER COMMON GOALS.
THEY OVERSEE COMPLIANCE WITH STANDARD TO SCHOOL FACILITIES.
AGAIN, IT'S INTERESTING BECAUSE, UH, IT'S YOUR SUPERINTENDENT WHO HAS TO MAKE SURE YOUR BUILDINGS ARE A COMPLIANT, THAT THEY HAVE STAFF THAT IS AWARE OF THESE THINGS EXCEPT AS PROVIDED BY EDUCATION CODE 11 2 0 2.
ASSUMING ADMINISTRATIVE AUTHORITY AND RESPONSIBILITY FOR THE ASSIGNMENT, SUPERVISION AND EVALUATION OF PERSONNEL OF THE DISTRICT OTHER THAN THE SUPERINTENDENT.
UM, YOUR SUPERINTENDENT CANNOT HIRE THE NEXT SUPERINTENDENT.
ONLY YOU CAN HIRE THE SUPERINTENDENT.
BUT YOUR SUPERINTENDENT IS THE ONLY ONE WHO'S, UH, AUTHORIZED TO ASSIGN, SUPERVISE, EVALUATE ALL THE OTHER PERSONNEL IN THE SCHOOL DISTRICT.
UH, THEY WANNA ENSURE THAT THE SYSTEM OF RECRUITING ITS SELECTION RESULTS IN PERSONAL RECOMMENDATIONS ARE BASED ON DEFINED NEEDS, GOALS AND PRIORITIES.
IN THEORY, THE SUPERINTENDENT SHOULD BE EVALUATING STAFFING NEEDS AND PATTERNS.
RIGHT? DO YOU NEED 10 SCIENCE TEACHERS OR DO YOU ONLY NEED TWO? IF YOU ONLY NEED TWO, WHY ARE THEY HIRING 10? THOSE ARE DECISIONS YOUR SUPERINTENDENT TO PROVIDING GUIDANCE FOR.
THESE ARE ORGANIZED DISTRICT STAFF IN A MATTER CONSISTENT WITH THIS PRIORITIES AND RESOURCES, AND MONITOR ADMINISTRATIVE ORGANIZATION AT ALL LEVELS FOR EFFECTIVENESS AND EFFICIENCY.
OVERSEE PERFORMANCE APPRAISAL PROCESSES FOR ALL STAFF.
UH, THAT ONE IS ACTUALLY SHARED BY THE SUPERINTENDENT AND THE BOARD.
THE BOARD APPROVES THE TEAM TEST, FOR EXAMPLE, OR APPROVES THE EVALUATION CRITERIA.
BUT IT'S YOUR SUPERINTENDENT WHO OVERSEES THE, THE PERFORMANCE APPRAISAL SYSTEM.
SO THE BOARD APPROVES, SUPERINTENDENT OVERSEES, UH, THEY CREATE SUPPORT CONNECTIONS WITH THE COMMUNITY ORGANIZATION TO PROVIDE COMMUNITY WIDE SUPPORT FOR THE HIGH ACHIEVEMENTS OF ALL STUDENTS.
PROVIDE EDUCATIONAL LEADERSHIP FOR DISTRICT, INCLUDING LEADERSHIP IN DEVELOPING THE DISTRICT VISION STATEMENT AND LONG RANGE EDUCATIONAL PLANS.
THEY ALSO SELECT AND RECOMMEND THE PERSONNEL.
UH, INITIATING THE TERMINATION OF SUSPENSION OF AN EMPLOYEE OR THE NON-RENEWABLE EMPLOYEES TERM CONTRACT.
MANAGING DAY TO DAY OPERATIONS OF THE DISTRICT AS IT, AS ITS ADMINISTRATIVE MANAGER, SUPERINTENDENT, MAY NOT INTERFERE WITH THE APPEARANCE OR TESTIMONY.
A SPEC, A SPECIFIED DISTRICT PERSONNEL REQUIRED BY THE BOARD, PREPARING AND SUBMITTING THE PROPOSED BUDGET.
SO THIS IS ONE OF THOSE EXAMPLES, SHARED THE SUPERINTENDENT PREPARES THIS BUDGET FOR SUBMITTING FOR THE BOARD FOR APPROVED.
SO THE BOARD CAN ACT ON THE RECOMMENDATIONS TO THE SUPERINTENDENT WOULD BEING PRESENTED WITH THE BUDGET.
THEY PREPARE RECOMMENDATIONS FOR POLICIES TO BE ADOPTED BY THE BOARD, OVERSEEING THE IMPLEMENTATION OF THOSE POLICIES, DEVELOPING OR CAUSING TO BE DEVELOPED, APPROPRIATE ADMINISTRATIVE REGULATIONS TO IMPLEMENT POLICIES AND ESTABLISHED BY THE BOARD.
BIG ONE, MANAGING THE DAY TO DAY OPERATIONS OF A DISTRICT AS IT'S ADMINISTRATIVE MANAGER, INCLUDING IMPLEMENTING MONITORING PLANS PRESTIGIOUS PROGRAM SYSTEMS TO ACHIEVE CLEARLY DEFINING DESIRED RESULTS IN MAJOR AREAS OF THE DISTRICT OPERATION.
THIS ONE IS REALLY IMPORTANT CAUSE THEY ARE, THEY ARE THE ONES WHO ARE IN CHARGE OF THE DISTRICT DAY TO DAY.
THE SCHOOL BOARD IS NOT THE OPERATIONAL MANAGER OF THE DISTRICT.
THE SCHOOL BOARD SHOULD NOT INTERFERE.
AND THE OPERATIONAL OF THE DISTRICT, THAT IS YOUR SUPERINTENDENT.
THAT'S WHY YOU PAY THEM A LOT OF MONEY TO DO SO.
AND SO THIS ONE IS A REALLY IMPORTANT ONE THAT WE, UM, TRY TO KEEP IN MIND.
PROVIDE LEADERSHIP FOR THE ATTAINMENT OF STUDENT PERFORMANCE ORGANIZATION IN THE DISTRICT'S CENTRAL ADMINISTRATION.
[02:25:01]
HAS FULL RE ON HOW THEY ORGANIZE THEIR CENTRAL OFFICE CONSULTING WITH DISTRICT LEVEL PLANNING COMMITTEES ON OPERATIONS, SUPERVISION, EVALUATION, DO THE CERTIFICATION ON PROGRAMS. THAT WAS THE SPEED WE TRYING TO GO THROUGH THE REST OF THE DUTIES THAT WE WERE GOING IN THERE.UM, LOOK, I KNOW THAT SOMETIMES WHEN THESE PRESENTATIONS COME UP AND COVER A LOT OF TOPICS, THERE'S MORE QUESTIONS AND ANSWERS.
RIGHT? MY GOAL IS JUST TRY TO BRING YOU AS MUCH, MUCH AS POSSIBLE WITH THE BEST INTERPRETATION THAT I KNOW HOW TO BRING BASED ON THE WORK THAT I DO WITH DISTRICTS THAT I HAVE ON ALL OF THESE THINGS THAT I'M PRESENTING ABOUT.
NO MATTER WHICH ONE WE'RE LOOKING AT.
THERE IS AMPLE BODIES OF LAW THAT TRY TO GIVE INTERPRETATION AND DEFINITION.
I JUST TRY MY BEST TO BRING YOU THE MOST UNDERSTOOD DEFINITION OF EACH OF THESE ISSUES FOR YOU TO RELY ON.
OKAY? UH, SOMETIMES I I MIGHT NOT DO THE BEST JOB, UM, AS, AS WE, YOU KNOW, WERE DESCRIBING.
BUT I WANT YOU TO KNOW THAT IT COMES FROM A PLACE OF TRYING TO GIVE YOU THE BEST INTERPRETATION TO UNDERSTAND HOW THESE POLICIES WORK.
UM, THE BIG THING THAT I, THAT IT'S IMPORTANT TO TAKE AWAY FROM THIS IS THAT, UM, YOUR, YOU AS A BOARD ARE RESPONSIBLE FOR OVERSEEING.
YOU'RE RESPONSIBLE FOR ADMINISTERING YOUR SUPERINTENDENT.
YOU'RE RESPONSIBLE FOR HOLDING THE SUPERINTENDENT ACCOUNTABLE, BUT YOUR SUPERINTENDENT IS IN CHARGE OF EVERYONE IN THIS ROOM.
RIGHT? WHEN YOU LOOK FORWARD, THEY ARE, I MEAN YEAH, ONE PERSON OUT THERE, UH, THEY ARE IN CHARGE OF ALL THE EMPLOYEES OF THE DISTRICT, OKAY? UM, AS A BOARD MEMBER, YOU HOWEVER, ARE THE FRONTLINE TO YOUR COMMUNITY.
AND I GET THAT RIGHT? I ABSOLUTELY GET THAT.
YOU ARE AT THE GAS STATION, YOU ARE AT THE GROCERY STORE.
PEOPLE COME UP TO YOU, UH, WHEN YOU BUILD, WHEN YOU HAVE A CAMPAIGN AND YOU CAMPAIGN FOR MONTHS, YOU NEED A LOT OF PEOPLE.
YOU SHARE A LOT OF PHONE NUMBERS.
YOU FRIEND A LOT OF PEOPLE ON FACEBOOK, AND THEY FEEL COMFORTABLE COMING TO YOU FOR THE ISSUES THEY'RE HAVING.
THAT IS WHAT THIS SYSTEM IS, IS THAT IS WHY IT'S CREATING, OKAY? UM, IN MANAGING THOSE, UH, COMPLAINTS AND MANAGING THOSE SYSTEMS AND PROCESSES, THERE IS A STRUCTURE TO IT.
AND THE STRUCTURE FOR THAT IS TO CENTER AND MOVE ALL THAT TO YOUR SUPERINTENDENT AND HOLD THEM ACCOUNTABLE FOR THE CONCERNS THAT WE SEE AND THAT ARE HAPPENING.
OKAY? UM, AND IT'S, AND IT'S, AND IT'S, UM, IT CAN BE TEDIOUS SOMETIMES IT CAN BE FRUSTRATING.
YOU CAN FEEL THAT THINGS DON'T MOVE AS FAST AS YOU WANT THEM TO MOVE SOMETIMES.
BECAUSE THAT'S JUST WHAT THE SYSTEM AND WHAT THE PROCESS IS IN THE WAY WE DESIGN OUR EDUCATION SYSTEM IN THIS COUNTRY.
OKAY? UM, YOU ARE ONE OF SEVEN.
SOMETIMES YOU WILL GET FRUSTRATED, YOU WILL BE UPSET THAT THINGS AREN'T MOVING AT THE PACE YOU WANT THEM TO BE MOVING.
BUT IT'S PART OF THE SYSTEM THAT YOU HAVE.
AND YOU HAVE FOUR YEARS AS A TERM TO IMPLEMENT YOUR VISION AND YOUR GOALS OR WHAT YOU'RE TRYING TO DO.
AND, UM, I I, IN DOING THIS AND PREPARING THIS FOR YOU, I, IT'S IMPOSSIBLE FOR ME TO SHARE WITH YOU THE ENTIRE OF THE LAWS THAT APPLY TO YOU.
YOU TALK ABOUT THE SCHOOL BULLETIN AND YOU KNOW HOW BIG THAT BOOK IS MM-HMM.
AND FOR EVERY ONE OF THESE STATUTES, THERE ARE SUBSECTIONS AND SUBSECTIONS AND SUBSECTION FOR IT.
AND SO MY GOAL IS NOT TO COME UP HERE AND PRESENT TO YOU AND SAY, THIS IS IT.
AND I AM THE GOSPEL OF THE SCHOOL LAW ON THESE ISSUES.
THE PURPOSE OF THIS TRAINING IS TO MAKE YOU AWARE OF THE MOST COMMON AND PREVALENT ISSUES AND STATUTES THAT YOU ARE MORE LIKELY TO ENCOUNTER AND GIVE YOU MY BEST INTERPRETATION OF THEM AS I KNOW HOW TO DO BASED ON THE WORK THAT I'VE DONE AND THE WORK THAT I DO EVERY DAY.
AND SO, I HOPE THAT FROM THIS YOU WALK AWAY AT LEAST CURIOUS ABOUT SOME OF THESE IN, IN, IN, UH, SEEING OR WANTING TO GET FURTHER INFORMATION ON, UH, BUT ALSO MAYBE PROVIDE YOU THE TOOLS AND GUIDELINES ON HOW YOU AS A BOARD CAN SORT OF DIRECT YOUR ENERGY AND YOUR WORK BASED ON THE, UH, OPERATIONS THAT YOU DECIDED TO DO.
UH, MR. S YOU TALKED ABOUT REDOING THE OPERATING GUIDELINES, RIGHT? AND I THINK THAT THAT'S A WONDERFUL IDEA IN THE SENSE THAT THE WORK SHOULD HAVE INPUT IN WORKING TOGETHER ON HOW THOSE OPERATIONS SHOULD LOOK LIKE, RIGHT? BECAUSE YOU HAVE THE AUTHORITY TO DO THAT, RIGHT? UM, IN DOING THOSE RIGHT, KEEP IN MIND THAT YOU WANT TO CREATE THEM AROUND THE LAWS AND POLICIES ESTABLISHED, RIGHT? AND THE PRINCIPLES CENTRAL, UH, UH, FOUNDATION, RIGHT? THAT YOU OVERSEE THE MANAGEMENT OF THE DISTRICT BY OVERSEEING YOUR SUPERINTENDENT AND THAT YOUR SUPERINTENDENT IS IN CHARGE OF THE DAY-TO-DAY OPERATIONS OF MANAGING THE DISTRICT, RIGHT? AND THAT WE RELY ON THEIR EXPERTISE TO DO THAT.
AND SO, UM, I'M HAPPY TO ANSWER ANY QUESTIONS.
I KNOW WE'RE PAST THE EIGHT O'CLOCK HOUR.
I HAVE A QUESTION TRYING TO DO.
SO WITH US, UM, OF COURSE OVERSEEING THE SUPERINTENDENT, THAT WHICH MEANS ALTHOUGH, AND SHE'S RESPONSIBLE FOR THE DISTRICT OR THE SUPERINTENDENT IS RESPONSIBLE FOR THE DISTRICT.
UM, SO IT IS OUR RESPONSIBILITY TO MAKE, UH, TO MAKE SURE WE FOLLOW UP ON WHAT IS TAKING PLACE ON OUR END AS IT RELATES TO COMMUNICATION FROM A SUPERINTENDENT.
[02:30:02]
BASICALLY RECEIVING ALL COMMUNICATION FROM THE SUPERINTENDENT ON WHAT'S GOING ON WITH THE DISTRICT VERSUS GOING TO A SCHOOL AND ASKING OR WHATEVER.UM, WITH THAT SAID, SO IS IT CONSIDERED MICROMANAGING WHEN YOU ASK SPECIFIC QUESTIONS, UH, OR WITH THERE QUESTIONS OR CONCERNS THAT IS BROUGHT TO US BECAUSE WE ARE NOT HERE, UM, WE, LET ME REPHRASE THAT.
WE ARE HERE TO REPRESENT OUR DISTRICT.
BUT AT, EVEN AS OUR DISTRICT THAT WE'RE ELECTED FOR, I, WE, I GUESS WE'RE RESPONSIBLE FOR EVERYONE.
I MEAN, MORALLY, IT'S FAIR TO BE RESPONSIBLE FOR EVERYONE.
NOT JUST I'M IN DISTRICT THREE, NOT JUST DISTRICT THREE, BUT WHEN CONCERNS ARE BROUGHT TO US OR WHAT HAVE YOU.
IT, IT IS NOT MICROMANAGING TO BRING THOSE CONCERNS TO THE SUPERINTENDENT OR ESPECIALLY WHEN IT, ESPECIALLY IF IT HAS SOMETHING TO DO WITH SAFETY OR IF IT HAS SOME, REGARDLESS OF WHAT IT HAS TO DO WITH TO BRING IT TO THE SUPERINTENDENT, IT'S NOT CONSIDERED MICROMANAGING.
SO BRINGING COMPLAINTS YOU GET FROM THE COMMUNITY TO THE SUPERINTENDENT THAT'S NOT MICROMANAGING, THAT IS PASSING THE INFORMATION ALONG THAT YOU'RE BEING TOLD.
AND REQUESTING FOR A FOLLOW UP, DEPENDING ON THE SITUATION, REQUESTING FOR A FOLLOW UP JUST TO JUST, YOU KNOW, BECAUSE LET'S SAY SAFETY, THAT'S NOT MICROMANAGING, THAT'S THE REASSURANCE.
BECAUSE LIKE ME, I GET A LOT OF PEOPLE THAT COME UP TO ME.
SO, OR I GET A LOT OF PHONE CALLS, I GET A LOT OF EMAILS, I, IF I SHOOT ALL THAT OVER TO HER, IT WOULD BE A MESS.
BUT AT THE SAME TIME, IT IS, I DO NOT ADVISE.
BUT, AND I DO ENCOURAGE THEM TO WATCH CUZ A LOT OF, YOU KNOW, CAN COME IN OR WHAT HAVE YOU.
BUT AT THE END, THE ONLY THING THAT I ADVISE IS THEY REACH OUT, YOU KNOW, CHAIN OF COME IN OR WHAT HAVE YOU.
BUT IF IT COMES TO ME, IT GOES TO HER.
BUT IT IS, IT IS NOT MICROMANAGING TO, HEY, WHAT'S, YOU KNOW, CAN YOU, UM, THIS IS A CONCERN FROM CONSTITUENTS, CAN YOU PLEASE LOOK INTO THIS AND GIVE, YOU KNOW, AND FOLLOW BACK UP WITH ME OR WHAT HAVE YOU.
NOT SOMETHING THAT GOES OUT EVERY DAY, BUT THAT'S NOT MICROMANAGING, RIGHT? SO REQUESTING INFORMATION, REQUESTING, UH, SENDING IN, UH, CONCERNS IN THE COMMUNITY.
OKAY? BUT I DO WANT TO BE CAREFUL WITH THE, WITH THE TERM OF ART IN TERMS OF, UM, OF, UM, IN TERMS OF THE INFORMATION YOU ARE GONNA GET FROM YOUR CONSTITUENTS.
AND, AND THIS IS WHAT I MEAN, LIKE IN CUSTOMER SERVICE.
I'M SURE YOU ALL HEARD THE, THE FAMOUS, YOU KNOW, FOR EVERY ONE BAD CUSTOMER THAT GOES TO GC PENNEY, WHO HAS A BAD EXPERIENCE, THEY'LL TELL, TELL PEOPLE IMMEDIATELY, RIGHT? OR YOU CAN TREAT THEM RIGHT ONCE AND THEY'LL NEVER TELL ANYBODY ABOUT IT, RIGHT? MM-HMM.
NOT THAT YOU'LL BE SUSCEPTIBLE, THE COMMUNITY IS MORE LIKELY TO COME TO YOU WITH ALL THE BAD NEWS AND ALL THE BAD THINGS AND THEIR EXPERIENCES.
AND I RECEIVED THAT, THAT SUSPECTED MM-HMM.
AND, AND, AND WITH THAT, I I I, I WANT TO ADD, OFTENTIMES IT'S THEIR VERSION OF THE TRUTH.
AND THOUGH YOU HAVE THEIR VERSION, THE ADMIN VERSION OF IT REALLY HAPPENED, RIGHT? AND SO, UM, I WOULD SAY GAUGE AS A BOARD MEMBER, RIGHT? MM-HMM.
AND IT GOES BACK TO ONE OF THE ONES HAVING YOUR OPERATIONAL PROCEDURES, UH, IN TERMS OF HOW YOU REQUEST AND WHETHER IT TAKES A MORE TIME OF THE ADMINISTRATION, WHETHER IT DIVERTS 'EM FROM PRIORITIES AND GETTING YOU THE INFORMATION, UM, TO MAYBE TRY TO SIPHON OUT SOME OF THOSE, RIGHT? MM-HMM.
NOT SAYING TO IGNORE IT, I'M JUST SAYING TO, AS A BOARD MEMBER, YOU'LL HAVE MORE GUIDE, MORE, MORE DISCRETION ON WHAT YOU BRING FORWARD GOING FORWARD TO YOUR SUPERINTENDENT.
REQUESTING FOLLOW UPS IS NOT MICROMANAGER TO YOU, OKAY? MM-HMM.
BUT I DO WANNA BE CAREFUL THERE'S A DIFFERENCE BETWEEN REQUEST SAYING, HEY, UH, DR PER, I'M GETTING COMPLAINTS FROM TRANSPORTATION ABOUT THE RADIOS, RIGHT? THAT THE BUS DRIVERS HAVE NOT HAD ANY RADIOS, UH, IN THEIR BUSES.
I, I DON'T KNOW WHAT ELSE I WAS THINKING ABOUT.
BENIGN, UH, RADIO SITUATION IN THE BUSES.
UM, YOU KNOW, UH, CAN WE LOOK INTO THAT, RIGHT? MM-HMM.
UH, THE, MY OPINION, THE PROPER WAY TO RELAY THAT BACK TO THE INFORMATION WOULD BE, UH, ADDING IT TO AN UPDATE TO THE WHOLE BOARD MM-HMM.
UH, OR BRINGING IT TO AN AGENDA ITEM TO DISCUSS WITH THE BOARD, RIGHT? I, I WOULD DISCOURAGE THE INDIVIDUAL BACK TO BACK WHERE I EMAIL YOU, YOU EMAIL ME DIRECT INFORMATION ABOUT SOMETHING OR SAY, UM, YOU KNOW, I, CAN YOU ANSWER ME THIS BY TODAY SO I CAN TALK TO SO AND SO? I, I WOULD BE VERY COGNIZANT TO THAT BECAUSE IT IS NOT MICROMANAGEMENT CUZ YOU'RE NOT DIRECTING THEM TO, I
[02:35:01]
NEED YOU TO GO TO THE TRANSPORTATION DEPARTMENT AND FIND OUT WHAT'S GOING ON.BUT THERE COULD BE AN IMPLICIT, UM, THERE COULD BE AN IMPLICIT PRESSURE.
SUPERINTENDENT COULD FEEL BY SAYING, I'M BEING ASKED TO LOOK INTO THIS, TO LOOK INTO THIS, TO LOOK INTO THIS, TO LOOK INTO THIS.
I FEEL THAT THAT COULD BE MICROMANAGING TO ME.
AND LET ME SAY WHY I SAY THAT.
UM, WHEN ISSUES COME DOWN TO MICROMANAGING THE PERSON WHO DETERMINES MICROMANAGEMENT ISN'T ME, OKAY? MM-HMM.
THEY COME IN FROM ANOTHER PART OF TOWN, THEY DON'T EVEN KNOW WHAT'S GOING ON HERE.
AND THEY'LL COME AND THEY'LL HEAR THE SUPERINTENDENT'S SIDE AND THEY'LL HEAR THE BOARD SIDE MM-HMM.
AND THEY WILL MAKE A DETERMINATION WHETHER OR NOT IT'S MICROMANAGING.
MY CONCERN WITH THAT ALL THE TIME IS THAT THEY HAVE NO CONTEXT WHEN THEY MAKE A RULING ON US MM-HMM.
SO MICROMANAGING IS NOT JUST NECESSARILY DIRECTIVE.
UH, IT CAN BE A, UH, FOLLOW UP ON THIS, FOLLOW UP ON THIS, FOLLOW UP ON THIS.
I NEED ANSWERS RIGHT TOMORROW THAT COULD BE OKAY.
I'M NOT SAYING IT'S THE VERBATIM TRADITIONAL, THE WAY WE'RE THINKING ABOUT IT, LIKE GO TO CHECK OUT THE CAFETERIA, THEY WERE ASSERTING BAD MILKS.
ARE THE MILKS EXPIRED? RIGHT? THAT'S A VERY EXPLICIT FORM OF MICROMANAGEMENT.
BUT AN IMPLICIT FORM OF MICROMANAGEMENT COULD, COULD BE INTERPRETED.
I'M NOT SAYING THAT IT IS, BUT WITH THE CONTEXT OF SOMEONE WHO DOESN'T UNDERSTAND WHAT'S GOING ON HERE AND THEY'RE READING A BRIEF, RIGHT.
OR THEY'RE READING INFORMATION, THEY COULD CONSIDER A SITUATION WHERE YOUR SUPERINTENDENT FELT THEY HAD NO OPTION BUT TO DO ALL THESE THINGS AND THAT COULD BE A FOUR MICROMANAGE.
WHAT I WOULD LIKE TO SAY IS, WHAT YOU MADE VERY CLEAR IS THAT THE SUPERINTENDENT GETS PAID A LOT OF MONEY TO DO THEIR JOB.
UM, THEY GET, UM, THE SUPERINTENDENT GET, PAYS A LOT OF MONEY TO DO THEIR JOB.
EVERY WE THE, WE HAVE EMPLOYEES, THE, I MEAN THE SUPERINTENDENTS, THE EMPLOYEE, THEN YOU EMPLOY SURE.
NOW IT, AND THEN IT COMES WITH THE COMPLAINT OF A REQUEST OR ANYTHING THAT IS ACTUALLY PART OF THE JOB.
THEN WHERE IT'S LIKE, SO HOW IS THAT, YOU KNOW, HOW DO YOU BALANCE THAT WHEN YOU KNOW WHAT SO, SO LET, LET ME ANSWER THE, HOLD ON, LET, LET ME ANSWER THAT BY SAYING THIS.
NOT ALL THESE COMPLAINS, THE SUPERINTENDENT GETS PAID A LOT OF MONEY.
BUT IT'S TO DO ALL THE THINGS THAT I POINTED OUT RIGHT NOW.
BUT ALL OF THAT IS MANAGING RIGHT? NO, NO, BUT LET ME, LET, LET ME, LET ME FINISH THIS.
UM, WHAT'S NOT IN THERE, UM, IN, IN, IN ANY OF THESE IS ANSWERING, UH, QUESTIONS TO BOARD MEMBERS 24 7.
OKAY? AND SO THERE IS A, A DIFFERENCE BETWEEN WHETHER YOU BRING A COMPLAINT THAT'S MERITED THAT NEEDS TO BE ADDRESSED AND A DIFFERENCE BETWEEN WE'RE EXPECTING ANSWERS FROM THIS VIA EMAIL BY THE AFTERNOON.
CAUSE I EMAILED IT IN THE MORNING.
OH, THAT'S THAT ONE I'D BE CONSCIOUS ABOUT.
AND SO THE SUPERINTENDENT YES, IN CONTEXT OF THE COMPLAINTS TO BRING FORWARD COULD FALL IN ANY OF THESE CATEGORIES.
BUT IT DOES NOT MEAN THAT THEY OWE THE DUTY TO THE BOARD MEMBER OR TO, OR TO THE BOARD ON THE DAY TO DAY SIDE TO DIVERT STAFF TO ADDRESS THE VERY SPECIFIC THING OF THE DAILY MATTER OF THAT'S THAT'S THE YEAH, THAT'S, WELL, THAT'S WELL UNDERSTOOD.
I'M JUST SPEAKING OF THE DUTY ITSELF.
BUT I ALSO UNDERSTAND THAT A LOT OF THINGS HAVE HAS TO BE DISCUSSED AMONGST THE BOARD.
CAUSE TY HASTY IS THE LAST QUESTION.
ON THE BEHALF OF THE SUPERINTENDENT, THERE IS A CONTRACT.
A SUPERINTENDENT IS HIRED TO DISTRICT BASED UPON THEIR, UH, QUALIFICATIONS, WHAT THEY CAN BRING TO THE DISTRICT.
THE BOARD HIRES THAT INDIVIDUAL IN THAT CONTRACT OUTLINES WHAT IT'S GOING TO BE.
PROBABLY NEW BOARD MEMBERS DON'T UNDERSTAND HOW THAT CONCEPT WORKED IF THEY WERE NOT INVOLVED IN A SUPERINTENDENT'S SEARCH OR TO HIRE A SUPERINTENDENT.
PERRERA, AFTER A THOROUGH TWO TO THREE WEEKS AND OVER A MONTH OF EVALUATING HER, MAYBE CLOSE TO TWO MONTHS AND HER BACKGROUND, THAT SHE IS THE ONLY SUPERINTENDENT THIS DISTRICT HAS HIRED THAT WAS SITTING IN THE SEAT AND WILL QUALIFIED FOR THE JOB.
IF YOU'RE GONNA QUESTION SOMEBODY, QUESTION ALL OF THOSE BOARD, THOSE SUPERINTENDENTS
[02:40:01]
THAT DIDN'T HAVE THE CREDENTIALS THAT SHE HAS, ALLOW THE SUPERINTENDENT TO DO HER JOB.THIS COMMUNITY PAYS HER WITH TAX DOLLARS.
MY MONEY IS PROBABLY FIVE OR 10 CENTS TO WHAT I PAY.
AND SO THEREFORE WE ARE CHARGED TO ENSURE THAT A PERSON THAT COMES IN THIS DISTRICT IS HARD TO RUN.
HER STAFF NOT TO BABYSIT, BABYSIT US ALL DAY LONG, 24 HOURS A DAY, EMAIL AFTER EMAIL, AFTER EMAIL, AFTER EMAIL.
I HAD TO SAY SOMETHING IN DEFENSE OF THE SUPERINTENDENT.
WE HAVE NOT HAD ANY COMPLAINTS.
SHE HAS BEEN HERE A YEAR, ONE YEAR WHEN THIS BOARD WAS GOING THROUGH SERIOUS LITIGATION, BUT YET SHE MAINTAINED FOCUS WITH HER STAFF.
IT WAS CLEAR FOCUS, EXCUSE ME, CUZ I CAN NOT TALK FOR THIS IN MY EAR OVER HERE.
SO THEREFORE, THIS SUPERINTENDENT IS WELL QUALIFIED TO DO HER JOB.
OUR BOARD PRESIDENT IS DOING WHAT SHE HAS TO DO WITH WHAT WE ALL HAVE TO WORK WITH.
IT IS OUR RESPONSIBILITY TO GET THE TRAINING.
IT IS OUR RESPONSIBILITY TO LEARN WHAT WE NEED TO BECOME EFFECTIVE BOARD MEMBERS, MAKE SOUND DECISIONS FOR TODAY AND 20 OR 30 YEARS OUT.
BECAUSE WHATEVER WE DO TODAY, THANK YOU EDEN FOR COMING.
THANK YOU FOR SHARING THE KNOWLEDGE TO BREAK IT DOWN.
NOW WHAT WE NEED TO DO IS UNDERSTAND OUR ROLE, UNDERSTAND THE SUPERINTENDENT ROLE, RESPECT OUR BOARD PRESIDENT, RESPECT EACH BOARD MEMBER AROUND THIS DI SIUS.
AND THAT'S WHAT YOU HAVE BROUGHT TO US TONIGHT.
SO I WANNA THANK YOU FOR THAT AND HAVE A SAFE TRIP BACK.
OKAY, LAST QUESTION, MR. JONES.
UH, EDEN, DEFINITELY THANK YOU FOR COMING OUT.
UH, I JUST WANTED TO RECAP A FEW THINGS THAT I, I GRASP THIS EVENING.
AND FIRST I WANNA JUST OPEN WITH OUR, OUR, OUR MISSION STATEMENT, WHICH IS EMPOWERING ALL STUDENTS PURPOSE AND PASSION THROUGH QUALITY EDUCATION.
AND, AND WE HAVE, UH, WE HAVE A, A YOUNG LADY WHO'S SITTING IN THE SEAT AS OUR SUPERINTENDENT WHO WE'VE ACTUALLY HIRED TO DO THAT.
AND DURING THE COURSE OF OUR TIME HERE, WE'VE GONE THROUGH SOME UPS AND DOWNS AND, UH, ACADEMICALLY FOR STUDENT OUTCOMES THROUGH STAR.
WE'VE VIEWED IT AN 88, 2 POINTS FROM AN A.
AND THERE ARE VARIOUS REASONS WHY WE DIDN'T GET THE A.
SO THOSE ARE THINGS THAT WE'RE DEFINITELY WORKING TOWARD.
WE'VE ALSO, UH, ADOPTED FOUR GOALS.
YOU GUYS HAVE THOSE ON, ON YOUR AGENDAS.
UH, BUT THROUGH THROUGHOUT THE TRAINING, WE, WE'VE, THIS EVENING WE, WE'VE HEARD SEVERAL THINGS ABOUT THE ROLE OF TRUSTEES, OF OFFICERS AND AS A TEAM OF EIGHT.
AND, UM, WE'VE TALKED ABOUT POLICY, WE'VE TALKED ABOUT PROCEDURES.
GOING BACK TO POLICY WHILE WE'RE HERE, I'LL GOOGLE, NOT NECESSARILY GOOGLE.
I WENT THROUGH OUR POLICY AND SEARCHED THE BOARD.
SHALL THERE ARE A HUNDRED SPECIFIC TIMES IN POLICY THAT IT SAYS WHAT THE BOARD SHALL DO.
THERE ARE A HUNDRED INSTANCES IN WHICH THE BOARD MAY, SO THOSE ARE ITEMS THAT WE AS A BOARD PO AS A BOARD SHOULD KNOW WHAT THOSE ITEMS ARE.
WHEN IT GOES TO THE SUPERINTENDENT, THE SUPERINTENDENT SHALL DO 84 ITEMS. 52 OF THOSE ARE LOCAL.
THE SUPERINTENDENT MAY, THERE ARE 21 OF THOSE.
SO WHEN WE LOOK AT THIS, WE ALL HAVE A MONUMENTAL TASK.
CUZ I CAN TELL YOU RIGHT NOW, I DON'T KNOW ALL 200 OF THOSE SHALLS AND MAZE, BUT I MAKE EVERY EFFORT IN MY DUTY HERE TO ACCOMPLISH THOSE.
SO I THINK WE NEED TO PROVIDE EACH, UH, OF US WITH THE ABILITY AND, AND THE LEEWAY IN SOME CASES BECAUSE I, I MAY HAVE MISSED OUT ON SOME OF THESE IN MY ROLE AS PRESIDENT AND MY ROLE AS A BOARD MEMBER.
BUT THE FOCUS GOES BACK TO OUR MISSION STATEMENT.
WE'VE ADOPTED AS A BODY TO ENSURE THAT WE'RE DOING WHAT'S RIGHT FOR OUR STUDENTS AND FOR OUR COMMUNITY.
SO, UH, MY MY HOPE IS THAT FROM TONIGHT, WHATEVER WE HAD IN THE PAST, WE CAN KIND OF PUT THAT IN THE PAST, BEGIN TO WORK FORWARD AND GO WITH WHAT'S BEST FOR OUR COMMUNITY, FOR THE STUDENTS FROM MICROSOFT ISD.
THANK YOU EDEN, SO MUCH FOR COMING.
WE APPRECIATE IT AND WE DEFINITELY WILL TAKE THE TAKEAWAYS AND CONTINUE TO MOVE FORWARD FOR THE STUDENTS WHO LIKES I S D.