Clint,

I appreciate your leadership in reversing the complaint against Dan Harper.  I write to again urge you to work towards withdrawal of the complaint on Friday, December 14. 

Attached is a communication that I emailed to the trustees and superintendent this evening.  If you have any questions or concerns, you may contact me at 329-6784 or by email.

Thank you,

Dianna Pharr

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

cc:  County Attorney David Escamilla