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May 26, 2022 at 6:30 PM - Special Meeting

Agenda
I. OPENING - CALL TO ORDER, PLEDGE(S) OF ALLEGIANCE & INVOCATION
Description: 

UNITED STATES FLAG

I pledge allegiance to the Flag
of the United States of America,
and to the Republic for which it stands:
one Nation under God, indivisible, 
With Liberty and Justice for all. 

TEXAS FLAG

The amended (HB1034, effective June 15, 2007) pledge of allegiance to the Texas state flag is: 
"Honor the Texas flag; I pledge allegiance to thee, 
Texas, one state under God, one and indivisible."
II. OPEN FORUM
Description:  Persons desiring to address the Board of Trustees must fill out a speaker's card and submit it to the Administrative Assistant to the Board prior to the meeting.  No presentation shall exceed three minutes. The Board cannot deliberate on any subject matter that is not included on the agenda.
III. CLOSED SESSION
III.A. Personnel, Texas Government Code § 551.074
Description: 

TEXAS GOVERNMENT CODE

6. Section 551.074. Personnel Matters

Section 551.074 authorizes certain deliberations about officers and employees of the governmental body to be held in executive session: (a) This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing.267

This section permits executive session deliberations concerning an individual officer or employee. Deliberations about a class of employees, however, must be held in an open session.268 For example, when a governmental body discusses salary scales without referring to a specific employee, it must meet in an open session.269 The closed meetings authorized by section 551.074 may deal only with officers and employees of a governmental body; closed deliberations about the selection of an independent contractor are not authorized.270

Section 551.074 authorizes the public officer or employee under consideration to request a public hearing.271 In Bowen v. Calallen Independent School District,272 a teacher requested a public hearing concerning nonrenewal of his contract but did not object when the school board moved to go into executive session. The court concluded that the school board did not violate the Act.273

Similarly, in James v. Hitchcock Independent School District,274 a school librarian requested an open meeting on the school district’s unilateral modification of her contract. The court stated that refusal of the request for a hearing before the school board "is permissible only where the teacher does not object to its denial."275 However, silence may not be deemed a waiver if the employee has no opportunity to object.276 When a board heard the employee’s complaint, moved on to other topics, and then convened an executive session to discuss the employee after he left, the court found that the employee had not had an opportunity to object.277


263 TEX. GOV’T CODE ANN. § 551.0726.
264 Id. § 551.073.
265 See Act of Mar. 28, 1973, 63d Leg., R.S., ch. 31, § 2, 1973 Tex. Gen. Laws 45, 46 (former article 6252-17, § 2(f), Revised Civil Statutes).
266 See, e.g., Dallas Cnty. Flood Control Dist. No. 1 v. Cross, 815 S.W.2d 271, 282-83 (Tex. App.—Dallas 1991, writ denied).
267 TEX. GOV’T CODE ANN. § 551.074.
268 Gardner, 21 S.W.3d at 777; Tex. Att’y Gen. Op. No. H-496 (1975) (construing predecessor to Government Code, section 551.074).
Closed Sessions
2012 Open Meetings Handbook • Office of the Attorney General
III.B. Student Discipline, Texas Government Code § 551.082
Description:  TEXAS GOVERNMENT CODE § 551.082

Sec. 551.082. SCHOOL CHILDREN; SCHOOL DISTRICT EMPLOYEES; DISCIPLINARY MATTER OR COMPLAINT.  (a) This chapter does not require a school board to conduct an open meeting to deliberate in a case: 
 
(1) involving discipline of a public school child; or 
(2) in which a complaint or charge is brought against an employee of the school district by another employee and the complaint or charge directly results in a need for a hearing. 
(b) Subsection (a) does not apply if an open hearing is requested in writing by a parent or guardian of the child or by the employee against whom the complaint or charge is brought. 
 
Added by Acts 1993, 73rd Leg., ch. 28, Sec. 1, eff. Sept. 1, 1993. 
III.C. Security, Texas Government Code § 551.089
Description:  TEXAS GOVERNMENT CODE

18. Section 551.089. Deliberations Regarding Security Devices or Security Audits; Closed Meeting. 

Deliberation Regarding Security Devices or Security Audits; Closed Meeting Section 551.089 provides as follows:
This chapter does not require a governmental body to conduct an open meeting to deliberate: (1) security assessments or deployments relating to information resources technology; (2) network security information as described by Section 2059.055(b); or (3) the deployment, or specific occasions for implementation, of security personnel, critical infrastructure, or security devices. .354

TEX. GOV'T CODE ANN. § 551.089(2).
354 TEX. GOV'T CODE §551.089. Chapter 2059 of the Government Code relates to the "Texas Computer Network Security System" Id. §§ 2059.001-.153.
Closed Sessions
2012 Open Meetings Handbook -Office of the Attorney General

 
IV. PERSONNEL ITEMS FOR DISCUSSION AND/OR ACTION
IV.A. Consider and Hire Junior High Principal Position
Description:  Background: 
The Junior High Principal Interview Committee held interviews for the principal position on May 16, 2022.  This committee formed by teachers and administrators selected candidate John Portwood.   

Administrative Considerations: 
Consider and hire the Junior High School Principal position. 

Recommendations: 
The administration recommends John Portwood for Junior High Principal. 

Board Action: 
Board approval. 

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