8/6/2009 12:49:00 PM
BREAKING NEWS!!!
The Examiner obtains order to stop BISD meeting

Jerry Jordan
News Editor

PRESS RELEASE:

The Examiner Corporation today filed for injunctive relief with the Jefferson County District Courts to prevent the Beaumont Independent School District from holding an illegal and improperly posted emergency meeting seeking to appeal a recent ruling by 58th District Court Judge Bob Wortham regarding the former South Park High School.

News Editor Jerry 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.

"I would think that any time a party enters into litigation, it should be foreseeable that it could receive an adverse ruling," Jordan said. "We are not opposed to BISD holding a properly posted meeting to discuss taking action on the listed item but we are opposed to the manner in which the district has ignored the law regarding how it must conduct its business in the public spotlight."

Jordan attempted to resolve this matter with BISD's attorney Melody Chappell but received no response to an email and phone call regarding the matter. The desired outcome from this action is to have the court prevent BISD from holding an illegal meeting and order the district to repost the meeting with the proper 72-hour public notice.