Carrollton Farmers Branch ISD Press Release September 21, 2009

Carrollton Farmers Branch ISD Press Release September 21, 2009

Here is the text of the District’s Press Release on September  21, 2009.

Statement Regarding Judge’s Order in Richard Fleming’s Case

The Carrollton-Farmers Branch School District is pleased to finally receive Judge Molberg’s ruling.  As Judge Molberg noted, the facts of this case raise some perplexing issues.

 We are currently reviewing the Judge’s order and final judgment which require the District to continue extensive consultation with our attorneys.

  It has been the District’s objective to follow the Texas election law, which requires a candidate to be a District resident for at least six months prior to filing for the position.    Carrollton-Farmers Branch School District remains focused on high achievement for all students while continuing to comply with the law. 

Please note the press release does not refer to an appeal,  although the decision to appeal was made 11 days earlier.  According to the press release the district was still consulting with attorneys.  Also note,  the district characterizes quite properly the ruling of Judge Mohlberg’s  Court as “a final judgment”

According to Black’s Law Dictionary:

final judgment
n. the written determination of a lawsuit by the judge who presided at trial (or heard a successful motion to dismiss or a stipulation for judgment), which renders (makes) rulings on all issues and completes the case unless it is appealed to a higher court. It is also called a final decree or final decision.

With respect to Mr. Shor,  that is a statement of fact.

Here’s  the text of the Board of Trustees Resolution on Sept. 10, 2009.

"In light of the pending election -- four candidates are spending money, expending efforts, expending resources -- and to prevent the voters and the community members of this district from being disenfranchised, it would be my suggestion that the board's attorneys in the lawsuit pending in Judge Molberg's court be authorized to take the requisite action to obtain a legally final decision as expeditiously as possible."

The text for  agenda item for this action reads:

Notice of Regular Meeting September 10, 2009
 The Board of Trustees Carrollton-Farmers Branch ISD

 VIII. Reconvene Public Meeting to Vote on Matters Considered in Closed
Meeting   
A.    Consider All Matters Related to Cause Number 09-07085, Richard Fleming v. Carrollton-Farmers Branch independent School District and Lynn Chaffin, Presiding Officer, 95th Judicial District Court, Dallas County (Texas Government Code 551.071 – Consultation With Attorney) - Action

The  95th Judicial District Court is Judge Mohllberg’s Court.


Are the members of the Board of Trustees certain that motion on September 10th  was authorization to instruct the attorneys to file an appeal in the 5th  Court of Appeals in Texas?  Are the members of the Board of Trustees willing to be subjected to the consequences for violating the Texas Open Meetings Act?  Are the members of Board of Trustees willing to be on record for passing a motion that deceived both  the public and press of it’s true intentions?