Friday, February 13, 2015

3. Discussion, consideration and possible action regarding the appointment of an Interim
Superintendent of Schools
4. Discussion, consideration and possible action regarding appointment for Search Committee

and/or Firm to replace Superintendent of Schools.


Anonymous said...

Is there any news on the insurance mess?

BobbyWC said...

They are discussing insurance on Monday - they need to order Baltazar Salazar to turn over all documents to the FBI for an investigation. If they do not then the message to Brownsville is the new majority is covering for someone.

Bobby WC

Anonymous said...

With all the district problems, they need an independent interim who will paved the way for the next superintendent. Are they going to select someone from the inside? They probably already know who they want for interim. Any clues?

BobbyWC said...

If personnel did not put out notice as to the interim opening then we know a Walking Quorum occurred and any selection is illegal.

here is the deal - how can 4 know who they want unless they discussed it in advance - this is illegal - if an interim is chosen on Monday without a formal notice process from personnel to allow all staff to apply so that the Trustees can consider everyone who wants the position, then the appointment is illegal.

If the new majority does this - there credibility will be lost. Any interim appointed Monday night will be considered a puppet of the new majority.

“walking quorum” occurs when members of a governmental body meet in a series of meetings in person or via phone or other electronic communication in numbers less than a quorum to discuss public business and avoid the requirements of the Act. A walking quorum is described in the case of Esperanza Peace and Justice Center v. City of San Antonio.42 In Esperanza, the mayor met with several city council members in the city manager’s office and spoke with others by telephone about the city budget on the night before a city council meeting was noticed to be held. A decision was reached that night by the members of the city council and ratified at the public meeting the next day. The court said that a meeting of less than a quorum is not subject to the Act “when there is no intent to avoid the Act’s requirements.”43 The court further stated:
On the other hand, the Act would apply to meetings of groups of less than a quorum where a quorum or more of a body attempted to avoid the purposes of the Act by deliberately meeting in groups less than a quorum in closed sessions to discuss and/or deliberate public business, and then ratifying their actions as a quorum in a subsequent public meeting.44

Anonymous said...

What about if one public official intends to nominate someone and he/she seeks the support of other members individually, but the others members never communicate with each other? Couldn't that also result in a majority knowing who they're gonna vote for, without violating the Open Meetings Act?

How else do you build support for an initiative in any elected board?

And I thought the 'interim' status allowed for a position to not need notice until the permanent replacement is sought.

BobbyWC said...

great question - thanks for extending the discussion in a positive way.

Here is the problem regardless of any rule - if all personnel are not given a chance to bid for the position it means the Trustees picked a puppet.

Now if each trustee goes into executive session pushing for different people and they did not communicate with each other it would be legal.

But we know one or two will decide on one person and then separately push for that person with two other trustees - that would be illegal.

That is way the best way is for personnel to put out word an interim is needed - let personnel narrow the candidates and then have the board do quick interviews in Executive Session.

This is the most open way to do it.

I do not doubt they already chose someone - they will in the end hang themselves because nothing will be done to change anything except moving everything to the new majority.

If this new majority wants the confidence of the people they need to be very, very transparent

Bobby WC