DISD Superintendent Lacks State Superintendent Certification-Click Here
The news report states:
"At the same time, Miles himself is subject to a performance evaluation by the Board of Education.
But trustees have delayed the evaluation, bypassing a contractual deadline of May 15.
"We agreed to move the performance part of the evaluation to July 15," Board President Lew Blackburn said Friday.Let us take a closer look at the following statement: " We agreed to move the performance part of the evaluation to July 15."
The video of the interview shows there are a few words left out of this quote.
Board President Lew Blackburn actually said the following: "We agreed, the Board and the Superintendent, to move the evaluation, the performance portion of the evaluation, from May 15 to July 15."
The additional words "the Board and the Superintendent" are important because they are simply not true. The Board has not agreed to any such thing. Board President Lew Blackburn and Superintendent Mike Miles agreed.
There can be no board agreement or Board decision unless there has been a board vote. That simply did not happen.
Dallas ISD Board policy is clear that the Board must make an official decision. Board decisions cannot be made in secret discussions, closed sessions or email discussions.
Board Policy BBE (LEGAL) - The Board may act only by majority vote of the members present at a meeting held in compliance with Government Code Chapter 551, at which a quorum of the Board is present and voting. Unless authorized by the Board, a member of the Board may not, individually, act on behalf of the Board. Texas Education Code 11.051(a-1)
Board Policy BBE (LOCAL) - Official Board action shall be taken only in meetings that comply with the Open Meetings Act.This requirement of state law (Texas Education Code-Section 11.051(a-1) cannot be changed by a Board President or Trustees willing to allow board policies to be violated.
TEXAS EDUCATION CODE - SUBCHAPTER C. BOARD OF TRUSTEES OF INDEPENDENT SCHOOL DISTRICT--GENERAL PROVISIONSThe date for the Superintendent's evaluation passed on May 15th of last week. The Board has taken no official action.
Sec. 11.051. GOVERNANCE OF INDEPENDENT SCHOOL DISTRICT;
(a-1) Unless authorized by the board, a member of the board may not, individually, act on behalf of the board. The board of trustees may act only by majority vote of the members present at a meeting held in compliance with Chapter 551, Government Code, at which a quorum of the board is present and voting ..."
There is no record of any kind - agenda, minutes, video, tape - showing an official Dallas ISD Board decision to extend the Superintendent's evaluation date in his contract from May 15 to July 15, 2013.
We now have a smelly and unethical back door two month contract evaluation extension being done in violation of the Texas Education Code and Dallas ISD Board policies.
There is also an Open Meetings Act issue.
Extending the Superintendent's evaluation date and amending the Superintendent's contract in secret sessions without a public vote could be a violation of the Texas Open Meetings Act.
... another day at the Dallas ISD horseshoe.