The Board of trustees never authorized, at least not in a public meeting, the the school district's attorney to appeal the ruling of the 95th Judicial District court in the matter of Richard Fleming v. Carrollton-Farmer's Branch ISD.
The last pubic action taken by the board giving any instruction to the District's attorney occurred in the September 10th regular meeting, eleven days prior the final court ruling in the the District court. The Board of Trustees adopted the following motion:
This motion specifically refers to "the lawsuit pending in Judge Mohlberg's court. Although, resolution authorizes the district 's attorney to take "the requisite action to obtain a legally final decision as expeditiously as possible" the scope of the resolution can only be applied to the case in district court.
Under the Texas Open Meeting law, the Board of Trustees can only take action on those items identified as actionable in the official agenda for the meeting. In this case, the Board of Trustees could only take action on those matters related to the litigation in the 95th district court only. To apply to this motion to other matters would be violation of the Texas Open Meetings Act.
Okay, I give up, who took it upon themselves to file the appeal?
ReplyDeletewhat about special meetings that are called and are closed door meetings? What are those rules? And, are their minutes where the board made a motion to originally pursue this back in May/June? I'm just curious. Thanks and thanks for all the great info and research.
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