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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]
Sent: Wednesday, December 12, 2007 6:47 PM
To: 'trustees@eanes.k12.tx.us'; 'Nola Wellman'
Cc: 'David Escamilla'
Subject: Eanes ISD - Violation of the Texas Open Meetings
Act
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]
Sent: Friday, June 15, 2007 1:43 PM
To: 'Nola Wellman'; 'trustees@eanes.k12.tx.us'
Cc: 'David Escamilla'
Subject: Specificity requested - 2007_6 20_Board
Mtg_Notice.pdf
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]
Sent: Thursday, June 14, 2007 4:58 PM
To: 'Nola Wellman'; 'trustees@eanes.k12.tx.us'
Cc: 'David Escamilla'
Subject: June 20, 2007 4:00 p.m. board meeting agenda
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]
Sent: Tuesday, February 20, 2007 7:26 AM
To: 'OpenRecords OpenRecords'
Cc: 'Nola Wellman'
Subject: TPIA- February 19, 2007 board meeting
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]
Sent: Friday, May 05, 2006 4:52 PM
To: 'nwellman@eanes.k12.tx.us';
'trustees@eanes.k12.tx.us'
Subject: Board meeting agenda specificity requested,
please
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,
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Dianna Pharr
SPECIFICITY
OF AGENDA / NOTICE
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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. Deliberations or actions
pertaining to the Superintendent and principals are
of particular public interest, and notice of those
subjects must be worded with such clarity that the
public will understand what the Board proposes to
discuss or accomplish. 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)
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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)
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From:
Dianna Pharr [mailto:dpharr@austin.rr.com]
Sent: Monday, February 13, 2006 7:36 AM
To: nwellman@eanes.k12.tx.us
Cc: trustees@eanes.k12.tx.us
Subject: Clarification needed on tonight's board agenda
item, please
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-----
From: Dianna Pharr [mailto:dpharr@austin.rr.com]
Sent: Saturday, February 05, 2005 8:39 AM
To: 'Nola Wellman'; Clint Sayers
Subject: board/agenda/open forum issues
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]
Sent: Saturday, December 04, 2004 1:15 PM
To: 'Nola Wellman'; 'Clint Sayers'
Subject: Board Meetings
Does the
December 6th "Executive Committee Meeting" have an agenda?
Who will attend that meeting? Is it open to the public?
Thank you,
Dianna Pharr
Board
Study Session - December 6, 2004
~ GKD Rate Structure
- Review
Student Transfers and Calendar
- Review
Middle School Enrollment
- Review
Remaining Bond Funds
* Optional Study Session
Scheduled for December 13
**
Executive Committee after Meeting
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