dallas isd trustee 2015 lawsuit against board president

8/9/2019 Dallas ISD Trustee 2015 Lawsuit Against Board President

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CAUSE NO. ____________

ELIZABETH JONES, BERNADETTE

NUTALL, and JOYCE FOREMAN,

Plaintiffs,

v.

MIGUEL SOLIS, in his official capacity as

President of the Board of Trustees of theDallas Independent School District, and

DALLAS INDEPENDENT SCHOOL

DISTRICT,

Defendants.

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IN THE DISTRICT C

DALLAS COUNTY, T

__________ JUDICIA

EMERGENCY VERIFIED PETITION FORDECLARATORY RELIEF, APPLICATION FOR WRIT OF MANDA

AND APPLICATION FOR INJUNCTIVE RELIEF

Plaintiffs Elizabeth Jones (“Trustee Jones”), Bernadette Nutall (“Trustee

Joyce Foreman (“Trustee Foreman”) (collectively, “Plaintiffs”) file this Emerge

Petition for Declaratory Relief, Application for Writ Mandamus, and Application

Relief against Defendant Miguel Solis, in his capacity as President of the Boar

(“Board”) of the Dallas Independent School District, and against the Dallas Indepe

District (“DISD”), as follows:

I.

PRELIMINARY STATEMENT

Beginning today, April 27, 2015, the voters of the Dallas Independent Sc

2 CT-E-SERVE

DC-15-04625


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permitted to review the performance of Mike Miles as Superintendent of DISD only

that opportunity by the Board President. Plaintiffs have filed this lawsuit to requ

Solis to call and provide public notice of a meeting of the Board on this important to

interest.

On February 19, 2015, Trustees Nutall, Foreman, and Jones requested tha

Superintendent Mike Miles’ performance and contract be placed on the agenda f

meeting to be held on March 5, 2015. Pursuant to the Board’s operating procedur

President was required to perform the ministerial act of scheduling the agenda item

occurring within 60 days of the request. President Solis refused to do so.

Indeed, on April 17, 2015, after failing to add the agenda item at any of t

meetings occurring in March and April, President Solis refused to schedule a

Superintendent Miles’ performance for the meeting held on April 23, 2015—the

before the election on May 9, 2015—and instead purported to schedule the discu

meeting to be held on May 14, 2015, well beyond the 60 day period called for in

operating procedures.

In an effort to overcome the Board President’s obstruction, Trustees Nutall,

Jones have twice requested a special meeting of the Board to discuss Mike Miles’

prior to the election. Unfortunately, the Board President has failed to call the meeti

notices required by the Texas Open Meetings Act. Accordingly, Plaintiffs have b

initiate this lawsuit to obtain a Court order requiring a meeting be held on May 1, 20


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II.

DISCOVERY CONTROL PLAN

1. Plaintiffs intend to conduct discovery under Level 2 of Texas R

Procedure 190.3.

2. Plaintiffs currently seek monetary relief of less than $100,000 and n

relief. Because non-monetary relief is sought, this action is not subject to Texas

Procedure 169.

III.

PARTIES

A.

Plaintiffs

3. Plaintiff Elizabeth Jones is a member of the Board representing Di

resident of the State of Texas residing at 10860 Strait Lane Circle, Dallas, Texas 75

Jones has been a Trustee since 2012.

4.

Plaintiff Bernadette Nutall is a member of the Board representing D

resident of the State of Texas residing at 1409 S. Lamar, Dallas, Texas 75116. Trus

been a Trustee since 2009.

5. Plaintiff Joyce Foreman is a member of the Board and a resident o

Texas residing at 3701 Junius, Dallas, Texas 75116. Trustee Foreman has been a

2014.

B. Defendants


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Dallas, Texas 75206. President Solis has been a Trustee since 2013 and was e

President on June 26, 2014.

7. Defendant Dallas Independent School District (“DISD”) is an indep

district created pursuant to the Texas Education Code, maintains an office in Dalla

may be served by serving its Superintendent Mike Miles, at 3700 Ross Avenue,

75204.

IV.

JURISDICTION AND VENUE

8. Jurisdiction is proper in this Court pursuant to, inter alia, TEXAS C

§ 8, TEX. GOV. CODE § 24.011, and TEX. CIV. PRAC. & REM. CODE § 65.021.

9. The Court has personal jurisdiction over both Defendants. Defend

resident of Texas residing in Dallas County, Texas. DISD is a school district loca

County, Texas.

10.

Venue is proper in this Court pursuant to TEX. CIV. PRAC. &

§§ 15.002 and 65.023. Defendant Solis is domiciled within Dallas County, Texas

headquartered in Dallas County, Texas. Additionally, all or part of the events

giving rise to the causes of action occurred in Dallas County, Texas.

V.

STATEMENT OF RELEVANT FACTS

A. DISD Board Policy Requires The Board President To Call A Special M

Request Of Three Board Members. _______________________________


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and ensure that the superintendent implements and monitors plans, procedures, p

systems to achieve appropriate, clearly defined, and desired results in the major ar

operations.

12. DISD Trustees are elected to serve on the school district’s governin

each Trustee represents a single member district having equal representative powe

The Superintendent reports to the Board, and it is the Board’s duty to repo

accountable to the taxpayers and voting public.

13. The Board has adopted “Board Policy,” which contains policies g

operations of the DISD. The Board Policy consists of, among other things, “

“LOCAL” policies. LEGAL policies recite statutes and case law applicable to a to

policies address local policy decisions determined by the Board to be appropriate fo

14. Pursuant to Board Policy BE(LOCAL) governing “Board Meetings,

of Board Meetings is “to move the District towards achieving its vision consi

mission, core beliefs, and commitments.”

15. Pursuant to Board Policy BE(LOCAL) governing Board Meetings, “

of the Board shall call a special meeting at the President’s discretion or at the writ

three Board members. . . . The agenda shall be posted and supporting mate

distributed to Board members no later than 72 hours in advance of each meeting.

Business shall follow the posted notice.” A copy of Board Policy BE(LOCAL

hereto as Exhibit A.


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B. DISD Board Operating Procedures Require That The Board Presid

Items On Board Meeting Agendas At The Request Of T

Members._____________________________________________________

16. The Board has adopted the Board of Trustee Operating Procedure

Procedures”). The Operating Procedures are intended to guide and assist the Board

the conduct of the Board’s business. If there is a conflict or inconsistency between

Procedures and Board Policy, Board Policy takes precedence. The Board Operatin

are reviewed annually in June by the Board and updated as needed as a part of B

and orientation.

17. “Board Briefings” are scheduled on the second Thursday of each

Board Meetings are scheduled on the fourth Thursday of each month, unless circum

that day unavailable. The purpose of the Board Briefing is to allow each Board

opportunity to express ideas and concerns about specific agenda items in order

many as possible in the consent agenda at the next Board Meeting. The Board

created by the Superintendent and Board President prior to being presented t

Members.

18. Pursuant to the Operating Procedures, “Three Board Members may

subject be included on the agenda for a meeting. That request shall be forw

Superintendent of Schools or the Board President 10 calendar days before the B

Meeting.”

19. When three Board members request that a subject and item be in


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have the item turned over to the administration to review and recommendations back to the Board for consideration at a subsequent meetin

(b) In any event, the item will be placed on the agenda for deliberation nthan 60 days after presentment.

(c) No item can be placed on the Agenda less than 72 hours in advance meeting, unless an emergency or urgent public necessity exists.

20. A copy of the Operating Procedures are attached hereto as Exhibit B

C.

President Solis Failed To Comply With The Operating Procedures.

21. On February 19, 2015, Trustee Nutall sent an email to the Bo

requesting that the following items be included in the Board Briefing on March 5, 2

Closed Session

551.074 To deliberate the appointment, employment, evaluation, reassignduties, discipline, or dismissal of a public officer or employee, or to hcomplaint or charge against an officer or employee, including the Superinteof Schools, Mike Miles.

Open Session

Consider and Take Possible Action regarding the employment of Superinteof Schools, Mike Miles.

22. On that same day, Trustee Foreman joined the request by sendin

President an email stating:

After much thought and consideration, I am asking that you put an ope

closed session on the March board briefing agenda regarding the employevaluation, dismissal or discipline of the Superintendent. It is of high intethe taxpayers and parents that the board takes some action regarding the missteps that have taken place during the tenure of the Superintendent. I know what the outcome will be, but we must quit burying our heads in thand acting like nothing has happened.


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I concur. Since there is already a plan in place to do a mid year evaluation, in keeping with the Board’s duty and responsibility. I think it may make senthe request accordingly.

24. These requests were sent to the Board President more than 10 da

Board Briefings scheduled for March 5, 2015 and April 9, 2015, as required by t

Procedures, giving the Board President ample opportunity to include the items on t

those meetings or the Board meetings scheduled for March 26, 2015 or April 23, 20

25. In any event, pursuant to the Operating Procedures, the Board P

required to place the items on the agenda for deliberation at a meeting to be held bef

2015, which was 60 days after presentment of the request.

26.

However, President Solis refused to place the topics on the ag

meetings within the 60 day period provided by the Operating Procedures. Instead

2015, President Solis stated his intent to include the requested items on the agenda

Briefing scheduled for May 14, 2015. President Solis could have placed the items

for the meeting on April 23, 2015, but instead chose to schedule the d

Superintendent Miles’ performance after the election on May 9, 2015. President So

to justify this delay through a strained interpretation of the Operating Procedures

that his interpretation was not offered until the end of the sixty day period shows

by the Board President that the time for a legal challenge needed to be limited in

delay-tactics to succeed.

D. Three Trustees Requested A Special Meeting To Discuss Superinten

Performance and Contract


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Miles a joint “Written Request For Special Meeting of the Board of Trustees,” t

following:

Closed Session

551.074 To deliberate the appointment, employment, evaluation, reassignduties, discipline, or dismissal of a public officer or employee, or to hcomplaint or charge against an officer or employee, including the Superinteof Schools, Mike Miles.

Open Session


28. The written request specifically requested that the special meeting

Tuesday, April, 28, 2015, and that notice of the meeting be posted no later than 1

Friday, April 24, 2015. A copy of that written request (“First Special Meeting

attached hereto as Exhibit C.

29. The regularly scheduled April Board meeting was held on April 23,

requested agenda item to discuss Superintendents Miles’ performance was not on th

frustration, Trustee Foreman made a motion to replace Solis with First Vice P

Blackburn as chairman, but her motion was ruled out of order. Despite concern o

President Solis maintains that Board Policy and Operating Procedures do not requir

the requested meetings.

30. On April 24, 2015, pursuant to Board Policy BE(LOCAL) gov

Meetings, Trustees Jones, Nutall, and Foreman again submitted to Preside


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551.074 To deliberate the appointment, employment, evaluation, reassignduties, discipline, or dismissal of a public officer or employee, or to hcomplaint or charge against an officer or employee, including the Superinte

of Schools, Mike Miles.

Open Session


31. The written request specifically requested that the special meeting

Friday, May 1, 2015 and that notice of the meeting be posted no later than 1

Monday, April 27, 2015. A copy of that written request (“Second Special Meetin

attached hereto as Exhibit D.

E.

President Solis Refused To Post The Required Notice And Call The Spe

32. President Solis has repeatedly abused his position as President of

refusing to comply with Board Policy and Operating Procedures. President Solis

the discussion of Superintendent Miles’ performance to the agenda of a Board meet

within 60 days of the request by three Board members.

33. President Solis has subsequently twice chosen not to call or post the

required for a special meeting sought pursuant to a written request of three Board m

34. Because early voting for Board positions opens on Monday, Ap

President Solis’ obstruction has already deprived some voters of information rele

decisions. The Court should not permit President Solis’ obstruction to continue.

VI.


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36. Plaintiffs’ request for a declaratory judgment is authorized by TEX.

REM. CODE § 37.004.

37. As demonstrated above, an actual, substantial and justiciable contr

regarding Plaintiffs’ rights as members of the Board to have items included on the

Board Meeting and to call a Special Meeting.

38. Unless there is a judicial declaration of Plaintiff’s rights unde

Operating Procedures and Board Policy, Defendants’ violations will likely continue

39. Accordingly, Plaintiff requests that this Court issue a declaration th

Operating Procedures require the Board President and Superintendent to include re

on the agenda for a board meeting scheduled to occur within 60 days of the prese

request by three board members; and (2) Board Policy requires the Board Presid

special meeting for the day and time contained in a request from three Board memb

VII.

APPLICATION FOR A WRIT OF MANDAMUS

40. Plaintiffs repeat the preceding paragraphs as set forth herein.

41. Under the TEXAS CONST. ART. 5 § 8 and TEX. GOV. CODE § 24.011,

have the authority to issue writs of mandamus to compel a public official or govern

to perform a non-discretionary, ministerial act and to correct a clear abuse of discre

is ministerial when the law clearly spells out a duty to be performed by the

sufficient certainty that nothing is left to the exercise of discretion.


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43. The DISD derives its legal existence and power pursuant to the C

the State of Texas and the Texas Education Code, and employs officials tasked

public notices of Board meetings.

44. The Board adopted Operating Procedures and a Board Policy, wh

nondiscretionary duty on the Board President to: (1) add items to Board Meeting

upon written request of three Board members, call special meetings of the B

requested date and time, and (3) post public notice of meeting agendas as required

Open Meetings Act.

45. The Board President has a legal duty, as set forth in Board Policy, to

meeting upon the written request of three Board members. The Board President an

a legal duty pursuant to the Texas Open Meetings Act to post public notice of th

meetings of the Board at least 72 hours in advance of the Board meeting.

46. In the Second Special Meeting Request, Plaintiffs, who constitute

members, requested in writing that the Board President call a special meeting of

May 1, 2015 at 4:00 p.m. in the Board Room at 3700 Ross Avenue, Dallas, Texas 7

location specified by public notice with an agenda including the following items:

Closed Session

551.074 To deliberate the appointment, employment, evaluation, reassignduties, discipline, or dismissal of a public officer or employee, or to hcomplaint or charge against an officer or employee, including the Superinteof Schools, Mike Miles

Open Session


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47. The Board President’s ministerial duty to call the requested special

legal duty to perform a non-discretionary act. The Board President’s and DISD

duty to post public notice of the agenda of meetings of the Board at least 72 hours

the Board meeting is a legal duty to perform a non-discretionary act.

48. Plaintiffs have repeatedly demanded that Defendants include the re

on an agenda of a Board meeting, including two requests for special meetings of the

49. President Solis has not called the special meeting requested for May

Defendants have not posted public notice of an agenda containing the requested item

Defendants’ repeated refusal to comply with Board Policy and Operating Procedu

believe President Solis and Defendants have or will refuse to call the special meetin

2015 or post the required notice.

50. Because Defendants have refused to perform nondiscretionary act

legal duty, Plaintiffs request that the Court issue a writ of mandamus requiring D

perform their duties.

51. Specifically, Plaintiffs request that the Court enter an order and is

mandamus requiring:

(a) President Solis to call a special meeting of the Board on May 1, 2015

in the Board Room at 3700 Ross Avenue, Dallas, Texas 75204 or o

specified by public notice with an agenda including the following ite

Closed Session


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Consider and Take Possible Action regarding the employment ofSuperintendent of Schools, Mike Miles.

(b) President Solis and the agents of DISD responsible for posting B

notices to post public notice of the foregoing special meeting of the B

72 hours in advance of the foregoing special meeting.

52. The requested relief should be granted on an expedited, emergency b

in the absence of relief, the Board will not be able to meet to discuss an iss

importance prior to the election scheduled to occur on May 9, 2015. The absen

meeting of the Board, and the accompanying public discussion, will prevent the

obtaining information that would likely be relevant to their votes. If emergency

granted, Plaintiffs and the public will be without adequate remedy at law.

VIII.

APPLICATION FOR INJUNCTIVE RELIEF

53. Plaintiffs repeat the preceding paragraphs as set forth herein.

54. Plaintiffs request injunctive relief against President Solis and Defend

to TEX. CIV. PRAC. & REM. CODE § 37.011.

55.

The Board President has a legal duty, as set forth in Board Policy, to

meeting upon the written request of three Board members. The Board President an

a legal duty pursuant to the Texas Open Meetings Act to post public notice of th


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May 1, 2015 at 4:00 p.m. in the Board Room at 3700 Ross Avenue, Dallas, Texas 7

location specified by public notice with an agenda including the following items:

Closed Session

551.074 To deliberate the appointment, employment, evaluation, reassignduties, discipline, or dismissal of a public officer or employee, or to hcomplaint or charge against an officer or employee, including the Superinteof Schools, Mike Miles

Open Session


57. President Solis has not called the special meeting requested for May

Defendants have not posted public notice of an agenda containing the requested item

Defendants repeated refusal to comply with Board Policy and Operating Procedu

believe President Solis and Defendants have or will refuse to call the special meetin

2015 and post the required notice.

58.

Plaintiffs are likely to obtain and are entitled to a declaration tha

Operating Procedures require the Board President and Superintendent to include re

on the agenda for a board meeting scheduled to occur within 60 days of the prese

request by three board members; and (2) Board Policy requires the Board Presid

special meeting for the day and time contained in a request from three Board memb

59. In order to ensure compliance with the Court’s declaration, Plaintiff

the Court enter an injunction requiring:


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(b) the Board President to call a special meeting for the day and time c

request from three Board members;

(c) President Solis to call a special meeting of the Board at May 1, 2015

in the Board Room at 3700 Ross Avenue, Dallas, Texas 75204 or other loca

by public notice with an agenda including the following items:

Closed Session

551.074 To deliberate the appointment, employment, evaluation,reassignment, duties, discipline, or dismissal of a public officer oremployee, or to hear a complaint or charge against an officer oremployee, including the Superintendent of Schools, Mike Miles

Open Session

Consider and Take Possible Action regarding the employment ofSuperintendent of Schools, Mike Miles.

(d) President Solis and the agents of DISD responsible for posting B

notices to post public notice of the foregoing special meeting of the Boa

hours in advance of the foregoing special meeting.

60. In the absence of injunctive relief, violations of Board Policy a

Procedures are likely to continue and the Board will not be able to meet to discu

public importance prior to the election scheduled to occur on May 9, 2015. The ab

a meeting of the Board and the accompanying public discussion will prevent the

obtaining information that would likely be of relevance to their decision. If emerg

not granted, Plaintiffs and the public will suffer irreparable harm and will be with


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61. The benefit to Plaintiffs and the public of open and transparen

outweighs the interest of President Solis and DISD in hiding information from th

after the election on May 9, 2015.

62. The public interest in open and transparent government supports th

an injunction.

IX.

REQUEST FOR RELIEF

WHEREFORE, Plaintiffs respectfully request that the Court award P

following relief:

a) A writ of mandamus requiring:

(1) President Solis to call a special meeting of the Board onat 4:00 p.m. in the Board Room at 3700 Ross Avenue, D75204 or other location specified by public notice witincluding the following items:

Closed Session

551.074 To deliberate the appointment, employmentreassignment, duties, discipline, or dismissal of a publemployee, or to hear a complaint or charge against an officerincluding the Superintendent of Schools, Mike Miles

Open Session

Consider and Take Possible Action regarding the em

Superintendent of Schools, Mike Miles.

(2) President Solis and the agents of DISD responsible for pmeeting notices to post public notice of the foregoing specithe Board at least 72 hours in advance of the foregoing specia


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(2) the Board President to call a special meeting for the contained in a request from three Board members;

(3) President Solis to call a special meeting of the Boa2015 at 4:00 p.m. in the Board Room at 3700 Ross Avenue, 75204 or other location specified by public notice witincluding the following items:

Closed Session

551.074 To deliberate the appointment, employment

reassignment, duties, discipline, or dismissal of a publemployee, or to hear a complaint or charge against an officerincluding the Superintendent of Schools, Mike Miles

Open Session

Consider and Take Possible Action regarding the emSuperintendent of Schools, Mike Miles.

(4) President Solis and the agents of DISD responsiblBoard meeting notices to post public notice of the foregmeeting of the Board at least 72 hours in advance of the foremeeting.

c) A Judgment declaring that Board Policy and Operating Procethe inclusion of properly requested agenda items to Bo

agendas scheduled to occur within 60 days of the presenrequest by three Board members;

d) A Judgment declaring that Board Policy and Operating Procethe Board President to call a special meeting for the drequested by three Board members;

e) A Judgment awarding Plaintiffs Attorneys’ fees and cost

connection with this suit pursuant to Tex. Civ. Prac & R37.009; and

f) All other appropriate relief to which Plaintiff is entitled.


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Respectfully submitted,

BICKEL & BREWER STOREFRO

By: /s/ Jack G. B. Ternan_____________William A. Brewer IIIState Bar No. [email protected] G. B. TernanState Bar No. 24060707 [email protected]

Anthony BegonState Bar No. [email protected]

1717 Main Street, Suite 4800Dallas, Texas 75201Telephone: (214) 653-4000Facsimile: (214) 653-1015

ATTORNEYS FOR PLAINTIFFS


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dallas isd trustee 2015 lawsuit against board president

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