[A. CALL TO ORDER]
[00:00:03]
IT IS 5:30 ON TUESDAY, AUGUST THE 30TH, 2022.
[D. CLOSED SESSION]
MADAM PRESIDENT, I HAVE A POINT OF CLARIFICATION BEFORE YOU READ US INTO CLOSE..POINT OF ORDER. JUST CLARIFICATION.
OUR TRUSTEES, BOWEN AND WESTON PLANNING TO RECUSE THEMSELVES FROM THIS.
I KNOW THAT I DON'T SEE THAT MS. DAVIS IS HERE, BUT I KNOW THAT, YOU KNOW, THEY BOTH WENT ON HER PODCAST AND TALKED ABOUT BASICALLY THE UNDERLYING ISSUES UNDER HERE AND HAVE MADE IT CLEAR THAT THEY ARE NOT IMPARTIAL. AND GIVEN THE FACT THAT WE HAVE OUR TEA MONITOR BASED ON TRUSTEES NOT RECUSING THEMSELVES WHEN THEY HAVE A CONFLICT.
I'M JUST ASKING IF THEY'RE GOING TO RECUSE THEMSELVES FROM THIS.
WE'LL HAVE A POINT OF CLARIFICATION.
MY MY POINT WAS THAT YOU HAVE GONE ON A PODCAST WITH ONE OF THESE PEOPLE.
WE ARE TO BE NEUTRAL AND UNBIASED JUDGES IN THIS.
SO I'LL TELL YOU, I DON'T EVEN KNOW WHAT YOU'RE TALKING ABOUT.
I DIDN'T KNOW THAT WAS THE SAME PERSON.
WHY WAS THAT NOT BROUGHT TO MY ATTENTION? WHY AM I FINDING OUT ABOUT.
I DON'T EVEN KNOW IF THAT'S TRUE UNTIL SHE GETS IN HERE.
I REALLY DON'T KNOW. LIKE, WHY CAN'T THESE PROBLEMS BE WORKED OUT AHEAD OF TIME? SO, NO, I'M NOT RECUSING MYSELF.
NOW, IF WE REACH A POINT WHERE I BELIEVE THAT I CANNOT BE IMPARTIAL, THEN I WILL RECUSE MYSELF.
BUT I'M NOT RECUSING MYSELF RIGHT NOW.
CAN I ASK RTA MONITOR IF I MEAN, I DON'T WANT THE DISTRICT TO BE IN ANY MORE TROUBLE WITH THIS EXACT SAME ISSUE.
IS IT A? I MEAN, AND I DON'T KNOW HOW YOU'RE GOING TO WRITE IT UP.
SO I DON'T KNOW HOW MUCH YOU'RE ALLOWED TO SAY, BUT.
IN YOUR OPINION, IS THIS SOMETHING THAT WOULD PRESENT AS A CONFLICT OF INTEREST OR WHAT WHAT'S YOUR ANALYSIS OF THE SITUATION? YOU KNOW, I NEARLY HAVE TO REFER TO VALERIE, BUT, YOU KNOW, AT SOME LEVEL, AS I UNDERSTAND THE STATUTE, IT'S WHETHER A CONFLICT OF INTEREST EXISTS.
AS I AGAIN, THIS IS PROBABLY AN ATTORNEY QUESTION.
I GUESS IT WOULD COME DOWN TO THE TWO THAT ARE BEING ASKED.
WHEN YOU DEFINE CONFLICT OF INTEREST LEGALLY, PLEASE.
AND AGAIN, THAT'S WHY YOU HAVE AN ATTORNEY SITTING HERE.
SO YOU BELIEVE THE OTHER FOUR? SO THAT WOULD BE MY QUESTION. YOU BELIEVE THE OTHER FOUR CAN DO THAT? WITH ALL THE THINGS THAT THEY HAVE DONE WITH UNDERLYING ISSUES THAT ARE IN THIS? AGAIN, FROM MY PERSPECTIVE, IT'S DIFFICULT TO SAY.
I THINK I WOULD REPORT THAT THERE WAS A QUESTION ASKED AND THEN THE PEOPLE AT TEA WOULD REVIEW IT.
I WOULD SAY THAT TA WOULD PROBABLY VIEW THAT AS A CONFLICT OF INTEREST.
JUDGING ON ACTIVITIES AT THE BOARD TABLE.
I DON'T KNOW WHAT TEA WOULD SAY.
[00:05:02]
SO THE ANSWER WOULD BE NO, THOSE DECISIONS HAVE NOT BEEN MADE.I WOULD SAY THAT AS A DISTRICT, YOU'RE PROBABLY IN A PRECARIOUS SITUATION.
AND SO I WOULD WHATEVER THE HIGH ROAD LOOKS LIKE, I WOULD TAKE THE HIGH ROAD.
AND I CAN'T TELL YOU WHAT THE HIGH ROAD LOOKS LIKE.
THAT REALLY COMES DOWN TO THOSE OF YOU IN QUESTION.
I THINK THAT IF ANYBODY IS COMPROMISED, WE'RE ALL COMPROMISED EQUALLY.
AND THE TRUTH IS, IT LOOKS LIKE THE DATE ON THIS, AT LEAST THE FIRST ONE I'M LOOKING AT SAYS OCTOBER 25TH, THAT THIS IS WHERE YOU RUN INTO PROBLEMS WHEN YOU DON'T ADDRESS GRIEVANCES IN A TIMELY MANNER, IS THAT THESE THINGS DRAGS ON, DRAG ON AND EVENTS HAPPEN.
THIS PODCAST THAT YOU'RE TALKING ABOUT, I THINK, HAPPENED IN MARCH.
THAT WAS SIX MONTHS AFTER THIS.
SO I'D LIKE TO GET STARTED, FIND OUT WHAT'S GOING ON HERE.
SO THAT IS JUST THE SAME AS HAVING A PUBLIC PODCAST.
YOU HAVE MADE STATEMENTS ON YOUR FACEBOOK PAGE MANY TIMES ABOUT UNDERLYING ISSUES THAT ARE IN HERE.
I REALLY TRY NOT TO SHOW MY OPINION ON THINGS.
SO IF YOU COULD IF YOU HAVE THOSE PREPARED, I WOULD REALLY APPRECIATE THE SAME THING AS THE PODCAST.
WHICH ARE YOU ACCUSING ME OF VIOLATING? WE'VE ALREADY DISCUSSED THOSE.
WHAT I'M SAYING NOW IS I'M ASKING THE TWO OF YOU ON BEHALF OF THE DISTRICT TO TAKE THE HIGH ROAD AND RECUSE YOURSELVES BECAUSE YOU HAVE TALKED ABOUT THIS, WHETHER IT WAS SIX MONTHS AFTERWARDS OR NOT.
I MEAN, YOU KNEW THESE GRIEVANCES WERE COMING.
WHY IS THIS BEING BROUGHT UP NOW? SO IT'S NOT UP TO THEM.
YOU JUST SAID THAT YOU SPEAK ON BEHALF OF THE DISTRICT TRUSTEE WEIR.
WHERE CAN YOU CLARIFY IT? GO BACK AND REVIEW THE TAPE.
YOU SAID ON BEHALF OF THE DISTRICT, I'M ASKING TRUSTEES BONE AND WESTON SO I DIDN'T EVEN KNOW..
ON BEHALF OF THE GOOD OF THE DISTRICT.
FINE. OK WELL, THAT'S A THAT'S UP TO THE VOTERS TRUSTEE WEIR QUITE HONESTLY, WHAT IS ON THE BEST INTEREST OF, OF THE DISTRICT THAT IS LEFT UP TO INTERPRETATION, WHICH IS WHY THAT LANGUAGE IS NOT FOUND IN THE LAW.
WHAT WE HAVE HERE AND WE'VE ALL SAT THROUGH THE TRAINING THAT THIS BOARD RECEIVED, I BELIEVE, IN JULY ON GRIEVANCES AND IN THOSE IN THAT GRIEVANCE, YOUR PERSON FROM TASB THAT YOU USE TAXPAYER DOLLARS TO BRING IN HERE, CLEARLY BRIEF THE BOARD AND THE PUBLIC THAT TRUSTEES ARE UNDER NO OBLIGATION TO PRETEND THAT THEY DON'T HAVE OPINIONS.
SO I THINK WE NEED TO EXERCISE CAUTION.
AND I ALSO THINK THAT THIS IS NOT BEING BROUGHT FORWARD IN GOOD FAITH.
I LITERALLY WALKED IN HERE READY TO START THIS THING.
I SEE AN ABSENCE OF GOOD FAITH, AND I'M EAGER TO GET STARTED WITH THE WORK OF THE DISTRICT.
WELL, I WILL MAKE A STATEMENT SINCE THIS SEEMS TO BE A CONCERN.
I, LIKE TRUSTEE WESTON DID NOT KNOW CHRISTIE DAVIS WAS ACTUALLY CHRISTIE LEE.
I KNOW LOTS OF PEOPLE IN OUR COMMUNITY.
WHEN I READ THROUGH THIS, I READ THROUGH THIS WITH A NEW LENS, ACTUALLY LOOKING FOR NEW DATA.
LOOKING AT THE EXHIBITS THAT THE DISTRICT PREPARED.
SO WHEN I READ THROUGH THIS, I FULLY LOOK THROUGH THIS WITH AN UNBIASED LENS.
SO I'M READY TO GO BECAUSE I DON'T FEEL LIKE I'M CONFLICTED.
THERE'S MY PUBLIC STATEMENT TO TEA THAT WHEN I REVIEWED THIS, THERE WAS NO HESITATION OF LIKE, OH, I THINK I ALREADY HAVE A PREDISPOSITION, MY VIEW THIS WAY OR THAT WAY. SO I DON'T HAVE A PREDISPOSITION TO THIS WAY OR THAT WAY.
AND I FIND IT CURIOUS THAT I BELIEVE THAT THIS PERSON IS NAMED CHRISTIE DAVIS.
VALERIE, WE'RE GOING TO GIVE US A LEGAL DEFINITION OR YOU WERE LOOKING AT POLICY.
YES. TRUSTEE WESTON I THANK YOU, TRUSTEE BONE FOR STATING YOUR POSITION ON THAT.
DO YOU HAVE A SIMILAR POSITION TRUSTEE WESTON AS FAR AS THAT, YOU'D LIKE TO STATE, JUST FOR THE RECORD, THAT YOU DON'T BELIEVE YOU HAVE A CONFLICT OF INTEREST AND THAT YOU SIMILAR TO WHAT TRUSTEE BONE SAID, OR FEEL THAT YOU CAN LISTEN TO THIS GRIEVANCE IN AN UNBIASED MANNER AND BE NEUTRAL IN DECISION MAKING? ABSOLUTELY. AND WHEN I WALKED IN HERE AGAIN, I DIDN'T KNOW THAT ANY OF THESE PEOPLE WERE HOSTS OF PODCASTS THAT I HAD SPOKEN TO.
I STILL DON'T KNOW THAT THEY ARE.
I'VE GOT TWO PEOPLE TELLING ME THAT IS THE CASE.
[00:10:04]
I'M NOT THERE YET. OKAY.THERE ARE LEGAL DEFINITIONS AS FAR AS CONFLICT OF INTERESTS.
YOU KNOW, THEY ARE A LITTLE BIT FAIRLY NARROW UNDER THE LAW, SUCH AS BUSINESS CONFLICT OF INTEREST, PROPERTY INTEREST, YOU KNOW, KIND OF A AN ARRAY OF EXCEPTIONS, BUT THEY'RE NOT AS BROAD AS WE THINK THEY COULD BE.
A LOT OF TIMES THESE ARE MORE OF ETHICS RULES.
AND THAT'S WHERE YOU FIND THAT THE DISTINCTION OR THE POTENTIALLY PROBLEM WITH THE TEA RIGHT, BECAUSE THEY FELT THAT IN THAT SIMILAR CASE THERE WAS A GRIEVANCE.
IT WAS BROUGHT AGAINST THE BOARD, A BOARD MEMBER IN THAT CASE, HE DID NOT RECUSE HIMSELF.
AND SO THAT GOT THE DISTRICT TO HAVE A TA MONITOR IS MY UNDERSTANDING.
I THINK YOU ALL HAD A LEGAL OPINION ON THAT AS WELL.
BUT TEA THOUGHT IT WAS A CONFLICT.
SO, I MEAN, IN THIS CASE, I DON'T BELIEVE I DON'T.
FIRST OF ALL, I DON'T THINK CHRISTIE IS HERE.
RIGHT. THE ONLY ONE THAT'S HERE SO FAR THAT I'VE MET IS MR. HENDRICKSON. IS THAT CORRECT, SIR? HE IS THE LAST GRIEVANT.
THE ONLY ONE WE'RE GOING TO HEAR TONIGHT, AS FAR AS I'M CONCERNED, THAT I'M AWARE OF RIGHT NOW, WHO'S HERE AT 5:30 AT THE ROLL CALL FOR THIS BOARD MEETING IS MR. HENDRICKSON. SO I THINK BECAUSE SHE'S NOT HERE, THAT'S A LITTLE BIT DIFFERENT.
WE'RE NOT GOING TO HEAR THOSE GRIEVANCES.
WE'RE ONLY GOING TO HEAR HIS TONIGHT.
AND SO I WOULD SAY IF THEY BELIEVE THAT THEY CAN THEY CAN HEAR THIS MATTER AND BE NEUTRAL AND UNBIASED IN RENDERING A DECISION. I THINK THAT WITHIN THE LEGAL BOUNDS OF THE CONFLICT OF INTEREST LAWS, THAT'S OK.
I DO ALWAYS THINK THAT BOARD MEMBER ALWAYS DOES HAVE THAT RIGHT TO VOLUNTARILY RECUSE THEMSELVES IF THEY DO THINK THERE'S A POTENTIAL FOR SOMETHING THAT HAS THE APPEARANCE OF A CONFLICT OF INTEREST, WHICH IS ALSO SOMETHING THAT BOARD MEMBERS NEED TO KEEP IN MIND ALL THE TIME.
AND I WOULD JUST ASK THAT GOING FORWARD, I THINK IT'S GOOD PRACTICE AND RESPECT FOR COLLEAGUES TO MAKE SURE THAT ALL BOARD MEMBERS HAVE ALL INFORMATION AT THE SAME TIME AND THAT NO ONE BE BLINDSIDED OR SURPRISED RIGHT BEFORE OR AS A MEETING IS STARTING.
I THINK THAT'S BAD FORM AND SHOWS BAD FAITH..
AND I WILL JUST DISTINGUISH THIS ALSO FROM THE OTHER GRIEVANCES.
WHAT I INDICATED PREVIOUSLY WAS I BELIEVE IT WAS AGAINST A BOARD TRUSTEE.
AND THEN HERE THIS GRIEVANCE, MR. HENDRICKSON, THIS IS NOT A GRIEVANCE AGAINST A SPECIFIC BOARD MEMBER ON THIS DAIS, IS THAT CORRECT? OKAY. SO I WOULD JUST SAY THAT IS A DISTINCTION FROM THE OTHER ONE.
IT IS A GRIEVANCE ASKING THAT THE BOARD REVERSE ITS OWN ACTION.
OKAY. PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.071 AND 551.074.
IT IS 5:44 AND WE ARE IN CLOSED SESSION.
[E. CALL BACK TO ORDER/EXECUTIVE SESSION MOTIONS]
IT IS 6:48.DO I HAVE ANY MOTIONS COMING OUT OF CLOSED? YES. I MOVED TO THE BOARD DENY THE LEVEL THREE GRIEVANCE AND RELIEF REQUESTED BY KEITH HENDRICKSON.
WELL, I DIDN'T GET A SECOND ON THE.
I WAS GOING TO SECOND. SO YOU SECOND IT AND YOU HAVE A SUBSTITUTE MOTION? I DO. I MOVE TO GRANT IMPARTIAL AND POST FOR A MEETING PER TEXAS OPEN MEETING ACT AND TEXAS LAW THAT ALLOWS THE BOARD TO TAKE POSSIBLE ACTION ON PLACING THE SUPERINTENDENT ON ADMINISTRATIVE LEAVE UNTIL THE BOARD IS OFFICIALLY NOTIFIED THAT THE INVESTIGATION BY TEA EDUCATION INVESTIGATION DIVISION IS FINALIZED. SECOND.
OK, I HAVE A MOTION AND A SECOND, I'M NOT GOING TO REPEAT THAT ALL IN FAVOR OF THAT MOTION.
CAN YOU RECALL THAT VOTE? ALL IN FAVOR, RAISE YOUR HAND.
ALL OPPOSED. THE MOTION FAILS TWO-FIVE.
GO BACK TO THE ORIGINAL MOTION.
A MOTION TO DENY THE LEVEL THREE COMPLAINT WITH A SECOND.
ALL IN FAVOR, RAISE YOUR HAND.
SEEING NOTHING ELSE ON THE AGENDA.
IT IS 6:49 AND WE ARE ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.