"The general and generic nature of the notice does not sufficiently notify a reader, as a member of the interested public, of the subjects of the update and reports to be discussed."
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Keep Eanes Informed
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Eanes ISD refuses to post board agenda items with specificity. Texas Attorney General rules on vague agenda items. November 2008 - For the past four years, KeepEanesInformed has notified the Eanes ISD board and superintendent that the board agendas do not comply with the Texas Open Meetings Act because they do not provide enough specificity. The Texas Attorney General considered the matter of vague agenda items and issued an AG opinion in October 2008 that confirms the public's right to know: "The general and generic nature of the notice does not sufficiently notify a reader, as a member of the interested public, of the subjects of the update and reports to be discussed." More information on the recent OAG ruling is available at the following links: Texas Attorney General Abbott says government meeting agendas need to be specific The Watchdog: Most local governments complying with AG opinion on agendas AG: Vague agenda items don’t cut it under Sunshine Law The problem continues in Eanes ISD. In fact, beginning in August 2008, the Eanes ISD regular board meeting agenda includes the following general item: Comments From Individual Board Members. Notifications to the Eanes ISD board and superintendent (2004 - present) below: From:
Dianna Pharr [mailto:dpharr@austin.rr.com] December 12, 2007 To: Eanes ISD Board of Trustees Nola Wellman, Superintendent The Eanes ISD website specifically informs the public that “no action may be taken” during a Study Session board meeting. Link here: http://eanesisd.tx.schoolwebpages.com/education/components/scrapbook/default.php?sectiondetailid=1372. However, on November 5, 2007, the Eanes ISD board deliberated in open session regarding the Dan Harper issue and also took formal action. No notice was provided to the public that this open session meeting would occur or that the voting and board action would occur. This is a violation of the Texas Open Meetings Act. Posting notice of a subject for closed session discussion only does not provide adequate notice that the board will take subsequent action on the issue in open session. Weaver v. Santa Maria Independent School District, Tex. Comm'r of Educ. Decision No. 166-R1-599 (December 12, 1999). Further, the notice of closed session for the November 5, 2007 meeting is legally inadequate. “Personnel matters” as an exception does not provide the specificity required for items that are clearly of great public interest. Agendas for all meetings shall be sufficiently specific to inform the public of the subjects 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. Cox Enterprises, Inc. v. Austin ISD, 706 S.W.2d 956 (Tex. 1986); Point Isabel ISD v. Hinojosa, 797 S.W.2d 176 (Tex. App.-Corpus Christi, 1990, writ denied); Atty. Gen. Ops. M-494 (1969), H-419 (1974), H-662 (1975), H-1045 (1977). The terms "employee briefing" or "staff briefing" do not give adequate notice of the subject matter to be presented to the Board by employees or staff members. Atty. Gen. Op. JC-0169 (2000) Any interested person may sue for an injunction or mandamus to stop, prevent, or reverse a violation or threatened violation of the Act. Costs of litigation and attorney's fees may be assessed against a school board if a violation is found. Tex. Gov't Code 551.142. I do not intend to take legal action against the district for this violation. However, I request that the Eanes ISD board president, Jim Strickland, and Eanes ISD superintendent, Nola Wellman, review the requirements of the Texas Open Meeting Act and insure that these violations do not continue. I also respectfully request a response from the district with assurances that it will comply with the Texas Open Meetings Act in the future. Sincerely, Dianna Pharr 2204 Westlake Drive Austin, Texas 78746 cc: County Attorney David Escamilla From:
Dianna Pharr [mailto:dpharr@austin.rr.com] Regarding the June 20, 2007 agenda item below, please provide more specificity: B. Tex. Gov. Code 551.071 Consultation With Attorney - Pending or Contemplated Litigation Thank you, Dianna Pharr cc: County Attorney From:
Dianna Pharr [mailto:dpharr@austin.rr.com] The agenda for the June 20, 2007 4:00 p.m. board meeting is attached. Please provide more specificity for "Planning Documents." What is being planned please? Planning for goals, budget, hiring, bond, training? Thank you, Dianna Pharr cc: County Attorney From:
Dianna Pharr [mailto:dpharr@austin.rr.com] Last night, I attempted to observe a board meeting that was posted to begin at 6:30 p.m. As I have expressed in the past, the district did not provide enough specificity on the agenda posting for this meeting. When I arrived at 6:25 p.m. the board, superintendent and meeting facilitator were enjoying a barbeque meal in the WHS principal’s conference room. This dinner was apparently planned to precede the board meeting. The board meeting began approximately 15 minutes later or just after 6:40 p.m. The board announced that the entire meeting (posted as a study session / team-building) would be held in closed session. I request to inspect any and all documents that show or reflect information related in any way to the Board Training and/or Team-Building and/or Study Session held on February 19, 2007. I also request to inspect the receipts and any other documents related to the barbeque dinner provided during the meeting. If any of the information is confidential please contact me so that we can work together to avoid the cost and delay of an OAG opinion ruling request. Thank you, Dianna Pharr From:
Dianna Pharr [mailto:dpharr@austin.rr.com] Superintendent Wellman, The study session agenda for May 8, 2006 is attached. Please provide specificity for the agenda item "Board Communications." Please let me know the subject of the "communications." I am also wondering if the Westlake High School "Ranking" discussion is related to the recent Newsweek ranking. Thank you,
From:
Dianna Pharr [mailto:dpharr@austin.rr.com] Regarding tonight's board agenda item: 1. Consider Financial Advisory Agreement Please provide more specificity regarding this discussion and/or action. Thank you, Dianna Pharr -----Original
Message----- The agenda does not include enough specificity to allow the public to understand the topics for discussion at the upcoming board meeting on February 7, 2005. Regarding "facilities issues," this could be anything from 1) a replacement for Chuck Teichner 2) GKD Local Policy Revision regarding allowing outside athletics organizations a "pass" on the policy ... to 3) a new air conditioner for Forest Trail Elementary School. Please respond to my email and let me know the topic of the "facilities issue" so that I can decide whether I want to attend the meeting. During the last study session on January 18, 2005, I respectfully raised my hand to add a short comment and clarification (there were no board handouts provided and I was having difficulty following the meeting) and I was refused that opportunity, by you, Mr. Sayers, and each individual board member. Please note that in the December 2004 board study session another parent was afforded the opportunity to speak under the exact same circumstances, by raising her hand and asking to "make some statements relevant to the topic". Sincerely, Dianna Pharr From:
Dianna Pharr [mailto:dpharr@austin.rr.com] Does the
December 6th "Executive Committee Meeting" have an agenda?
Who will attend that meeting? Is it open to the public? Board Study Session - December 6, 2004
~ GKD Rate Structure
* Optional Study Session Scheduled for December 13 ** Executive Committee after Meeting |
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