8/6/2009 8:04:00 PM

The Examiner News Editor
Jerry Jordan speaks with reporters after
the judge's ruling.

Judge rules BISD can't hold meeting

Jennifer Trahan
Staff Writer

The announcement of an emergency meeting by the Beaumont Independent School District Board of Trustees scheduled for 7 p.m. August 6, 2009, prompted a filing by The Examiner Newspaper and its News Editor Jerry Jordan to seek injunctive relief to prevent he district from holding an illegal meeting pursuant to Texas Government Code Section 551.045.

Jordan prepared the filing himself and with the support of the newspaper and its Publisher Don Dodd, filed an application for temporary restraining order, which was granted by 136th District Court Judge Milton Shuffield.

Information previously released by the Examiner stated, "Jordan discovered the posted meeting was in violation of the Texas Open Meetings Act, specifically Texas Government Code, Section 551.045, Subsection b, which prescribes strict conditions under which an emergency meeting of a public entity can be called. According to the Code, an emergency meeting can only be called when 'there is an imminent threat to pubic health or safety; or a reasonably unforeseen situation' occurs. Additionally, the posting for the emergency meeting 'shall clearly identify the emergency or urgent public necessity in the notice or supplemental notice under this section.'

"In this case, there is no imminent threat to public health or safety and BISD has not clearly identified the emergency or urgent public necessity. Neither can it be claimed that an adverse ruling in a court case could be an unforeseen occurrence."

After Judge Shuffield granted Jordan's order, BISD amended its agenda for the emergency meeting to include problems with the portable buildings being arranged for students at South Park Middle School. Additionally, BISD's attorney Melody Chappell notified Judge Shuffield that she was seeking an emergency hearing on the temporary restraining order, which the Judge set at 2:30 p.m. Thursday.

Chappell and Jordan pled their cases to Judge Shuffield, whom again ruled in favor of the newspaper, preventing the meeting from taking place without properly following the Open Meetings Act. Chappell argued that BISD had met the criteria to hold and emergency meeting of the school board because it did not expect an adverse ruling in 58th District Judge Bob Wortham's court earlier in the week over the demolition of the former South Park High School, currently the South Park Middle School.

In a hearing which took place inside the jury room of the 136th District Court, Judge Shuffield ruled that BISD did not meet the legal criteria to call an emergency meeting and let the restraining order stand - denying BISD's request to dissolve the order and proceed with its scheduled meeting.

"It has always been my understanding that any time you enter into a legal action you could have an adverse ruling so I didn't think BISD was being genuine with its claim," Jordan said. "Not to mention every member of the local media had asked BISD what it would do should it receive an adverse ruling in the South Park case. Obviously, the judge didn't believe it either."

Because of the ruling, BISD has called for a "Special Meeting" that will be scheduled for Monday at 7 p.m., according to Chappell. The main topic of discussion at the special meeting is scheduled to be a ruling by Wortham in favor of a separate injunction to cease the destruction of South Park Middle School pending the outcome of a final hearing slated for Sept. 21. Wortham also entered a ruling on Thursday mandating that both sides of the South park issues participate in mediation by Sept. 6.


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