Judge Ginsberg ruling on Dallas ISD meeting
Judge Carl Ginsberg ruled Tuesday that Miguel Solis, president of the Dallas ISD school board, must call a special meeting for Friday at 4 p.m. to discuss Superintendent Mike Miles.
Content
CAUSE NO. DC-15-04625
ELIZABETH JONES, BERNADETTE
NUTALL, and JOYCE FOREMAN, Plaintiffs
v.
MIGUEL SOLIS, In his official capacity as
President of the Board of Trustees of the
Dallas Independent School District, and
DALLAS INDEPENDENT SCHOOL
DISTRICT, Defendants
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IN THE DISTRICT COURT
193n1 JUDICIAL DISTRICT
DALLAS COUNTY, TEXAS
ORDER GRANTING PLAINTIFFS' APPLICATION FOR INJUNCTIVE RELIEF
(TEMPORARY RESTRAINING ORDER)
On April 28, 2015, Plaintiff's Application for Injunctive Relief ("Petition") filed by
Plaintiffs Elizabeth Jones, Bernadette Nutall, and Joyce Foreman came on for hearing before this
Court. The Court has determined that it has subject matter over the issues in dispute, personal
jurisdiction over the parties to the dispute, and that the Plaintiffs have standing to pursue the
claims alleged.
After considering the Petition and arguments of counsel, this Court FINDS that:
1.
Plaintiffs Elizabeth Jones, Bernadette Nutall, and Joyce Foreman, who are three
members of the Board of Trustees of the Dallas Independent School District ("Board"),
requested in writing that the Board President call a special meeting of the Board at May 1, 2015
at 4:00 p.m. in the Board Room at 3700 Ross Avenue, Dallas, Texas 75204 or other location
specified 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 or employee, or to hear a
complaint or charge against an officer or employee, including the Superintendent
of Schools, Mike Miles
Open Session
Consider and Take Possible Action regarding the employment of Superintendent
of Schools, Mike Miles.
ORDER GRANTING PLAINTIFFS' APPLICATION FOR INJUNCTIVE RELIEF
Page 1
Open Session
Consider and Take Possible Action regarding the employment of Superintendent
of Schools, Mike Miles.
2.
According to its own Board Policy & Operating Procedures, the President of the
Board is required to call a special meeting for the day and time contained in a request by at least
three board members.
3.
As of February 20, 2015, Plaintiffs Elizabeth Jones, Bernadette Nutall, and Joyce
Foreman, requested in writing (via three separate emails) that the Board President place on the
agenda of a regular Board meeting, the following items:
Closed Session
551.074 To deliberate the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of a public officer or employee, or to hear a
complaint or charge against an officer or employee, including the Superintendent
of Schools, Mike Miles
Open Session
Consider and Take Possible Action regarding the employment of Superintendent
of Schools, Mike Miles.
Open Session
Consider and Take Possible Action regarding the employment of Superintendent
of Schools, Mike Miles.
4.
According to its own Board Policy & Operating Procedures, the President of the
Board is required to place on the agenda of a regular board meeting a matter requested by at least
three board members, with such meeting & deliberation to take place no later than 60 days after
the request is made.
5.
Defendants Miguel Solis and DISD had and have a ministerial duty pursuant to
Board Policy, the Operating Procedures and the Texas Open Meetings Act to post public notice
of the aforementioned requested agenda at the applicable general & special meetings of the
Board at least 72 hours in advance of the Board meeting, which is a legal duty to perform a nondiscretionary act.
6.
Plaintiffs have demanded that Defendants comply with the foregoing legal duties,
and Defendants have refused to so act.
ORDER GRANTING PLAINTIFFS' APPLICATION FOR INJUNCTIVE RELIEF
Pagel
7.
Without the injunctive relief requested, Plaintiffs, and the constituents they serve,
are likely to suffer imminent harm and irreparable injury - namely, the lack of potentially
important information, e.g., the management of DISD schools, immediately preceding an
election. Finally, Defendants have no alternative adequate remedy at law that would ensure the
compliance of Board president Miguel Solis or future Board presidents with their
nondiscretionary duties.
8.
The interests of Plaintiffs in open government outweigh the alleged interests of
Defendants in delaying an open meeting.
9.
Plaintiffs have demonstrated the requisite grounds to obtain a Temporary
Injunction, viz. a probable right to relief, imminent harm, irreparable injury and no adequate
remedy at law.
10.
The public interest in open government is served by the issuance of an injunction.
Based on these fmdings, the Court is of the opinion that an injunction and writs of
injunction should be issued to compel Defendants to perform said acts.
IT IS THEREFORE ORDERED that Miguel Solis is directed to and a writ of injunction
shall issue directing Defendant Miguel Solis to immediately perform the following acts:
(1)
Call a special meeting of the Board of Trustees of the Dallas Independent School
District ("Board") at May 1, 2015 at 4:00 p.m. in the Board Room at 3700 Ross Avenue, Dallas,
Texas 75204 or other location specified 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 or employee, or to hear a complaint or charge
against an officer or employee, including the Superintendent of Schools, Mike Miles
Open Session
Consider and Take Possible Action regarding the employment of Superintendent of
Schools, Mike Miles.
(2)
Post public notice of the foregoing special meeting of the Board forthwith.
IT IS FURTHER ORDERED that Defendant Dallas Independent School District is
directed to and a writ of injunction shall issue directing Defendant Dallas Independent School
District to immediately perform the following acts:
(1)
Post public notice of the foregoing special meeting of the Boardforthwith.
ORDER GRANTING PLAINTIFFS' APPLICATION FOR INJUNCTIVE RELIEF
Page3
IT IS FURTHER ORDERED that the Clerk is directed to issue writs of injunction in
accordance with this Order.
IT IS FURTHER ORDERED that the injunctive relief hereby ORDERED is to remain in
effect for 14 days from the signing of this Order.
IT IS FURTHER ORDERED that Defendants are ordered to appear before this Court on
May 11, 2015 at 11:00 a.m. to determine whether the Court shall convert the relief ordered
herein into a Temporary Injunction.
IT IS FURTHER ORDERED that Plaintiffs post a bond in the amount of$100.00.
So ORDERED this 16th day of August, 2010 at 3:30p.m.
ORDER GRANTING PLAINTIFFS' APPLICATION FOR INJUNCTIVE RELIEF
Page 4
ELIZABETH JONES, BERNADETTE
NUTALL, and JOYCE FOREMAN, Plaintiffs
v.
MIGUEL SOLIS, In his official capacity as
President of the Board of Trustees of the
Dallas Independent School District, and
DALLAS INDEPENDENT SCHOOL
DISTRICT, Defendants
§
§
§
§
§
§
§
§
§
§
IN THE DISTRICT COURT
193n1 JUDICIAL DISTRICT
DALLAS COUNTY, TEXAS
ORDER GRANTING PLAINTIFFS' APPLICATION FOR INJUNCTIVE RELIEF
(TEMPORARY RESTRAINING ORDER)
On April 28, 2015, Plaintiff's Application for Injunctive Relief ("Petition") filed by
Plaintiffs Elizabeth Jones, Bernadette Nutall, and Joyce Foreman came on for hearing before this
Court. The Court has determined that it has subject matter over the issues in dispute, personal
jurisdiction over the parties to the dispute, and that the Plaintiffs have standing to pursue the
claims alleged.
After considering the Petition and arguments of counsel, this Court FINDS that:
1.
Plaintiffs Elizabeth Jones, Bernadette Nutall, and Joyce Foreman, who are three
members of the Board of Trustees of the Dallas Independent School District ("Board"),
requested in writing that the Board President call a special meeting of the Board at May 1, 2015
at 4:00 p.m. in the Board Room at 3700 Ross Avenue, Dallas, Texas 75204 or other location
specified 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 or employee, or to hear a
complaint or charge against an officer or employee, including the Superintendent
of Schools, Mike Miles
Open Session
Consider and Take Possible Action regarding the employment of Superintendent
of Schools, Mike Miles.
ORDER GRANTING PLAINTIFFS' APPLICATION FOR INJUNCTIVE RELIEF
Page 1
Open Session
Consider and Take Possible Action regarding the employment of Superintendent
of Schools, Mike Miles.
2.
According to its own Board Policy & Operating Procedures, the President of the
Board is required to call a special meeting for the day and time contained in a request by at least
three board members.
3.
As of February 20, 2015, Plaintiffs Elizabeth Jones, Bernadette Nutall, and Joyce
Foreman, requested in writing (via three separate emails) that the Board President place on the
agenda of a regular Board meeting, the following items:
Closed Session
551.074 To deliberate the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of a public officer or employee, or to hear a
complaint or charge against an officer or employee, including the Superintendent
of Schools, Mike Miles
Open Session
Consider and Take Possible Action regarding the employment of Superintendent
of Schools, Mike Miles.
Open Session
Consider and Take Possible Action regarding the employment of Superintendent
of Schools, Mike Miles.
4.
According to its own Board Policy & Operating Procedures, the President of the
Board is required to place on the agenda of a regular board meeting a matter requested by at least
three board members, with such meeting & deliberation to take place no later than 60 days after
the request is made.
5.
Defendants Miguel Solis and DISD had and have a ministerial duty pursuant to
Board Policy, the Operating Procedures and the Texas Open Meetings Act to post public notice
of the aforementioned requested agenda at the applicable general & special meetings of the
Board at least 72 hours in advance of the Board meeting, which is a legal duty to perform a nondiscretionary act.
6.
Plaintiffs have demanded that Defendants comply with the foregoing legal duties,
and Defendants have refused to so act.
ORDER GRANTING PLAINTIFFS' APPLICATION FOR INJUNCTIVE RELIEF
Pagel
7.
Without the injunctive relief requested, Plaintiffs, and the constituents they serve,
are likely to suffer imminent harm and irreparable injury - namely, the lack of potentially
important information, e.g., the management of DISD schools, immediately preceding an
election. Finally, Defendants have no alternative adequate remedy at law that would ensure the
compliance of Board president Miguel Solis or future Board presidents with their
nondiscretionary duties.
8.
The interests of Plaintiffs in open government outweigh the alleged interests of
Defendants in delaying an open meeting.
9.
Plaintiffs have demonstrated the requisite grounds to obtain a Temporary
Injunction, viz. a probable right to relief, imminent harm, irreparable injury and no adequate
remedy at law.
10.
The public interest in open government is served by the issuance of an injunction.
Based on these fmdings, the Court is of the opinion that an injunction and writs of
injunction should be issued to compel Defendants to perform said acts.
IT IS THEREFORE ORDERED that Miguel Solis is directed to and a writ of injunction
shall issue directing Defendant Miguel Solis to immediately perform the following acts:
(1)
Call a special meeting of the Board of Trustees of the Dallas Independent School
District ("Board") at May 1, 2015 at 4:00 p.m. in the Board Room at 3700 Ross Avenue, Dallas,
Texas 75204 or other location specified 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 or employee, or to hear a complaint or charge
against an officer or employee, including the Superintendent of Schools, Mike Miles
Open Session
Consider and Take Possible Action regarding the employment of Superintendent of
Schools, Mike Miles.
(2)
Post public notice of the foregoing special meeting of the Board forthwith.
IT IS FURTHER ORDERED that Defendant Dallas Independent School District is
directed to and a writ of injunction shall issue directing Defendant Dallas Independent School
District to immediately perform the following acts:
(1)
Post public notice of the foregoing special meeting of the Boardforthwith.
ORDER GRANTING PLAINTIFFS' APPLICATION FOR INJUNCTIVE RELIEF
Page3
IT IS FURTHER ORDERED that the Clerk is directed to issue writs of injunction in
accordance with this Order.
IT IS FURTHER ORDERED that the injunctive relief hereby ORDERED is to remain in
effect for 14 days from the signing of this Order.
IT IS FURTHER ORDERED that Defendants are ordered to appear before this Court on
May 11, 2015 at 11:00 a.m. to determine whether the Court shall convert the relief ordered
herein into a Temporary Injunction.
IT IS FURTHER ORDERED that Plaintiffs post a bond in the amount of$100.00.
So ORDERED this 16th day of August, 2010 at 3:30p.m.
ORDER GRANTING PLAINTIFFS' APPLICATION FOR INJUNCTIVE RELIEF
Page 4
