Michael Hinojosa will be working with PROACT Search as Senior Vice President

"Michael Hinojosa and Patrick Russo will be working with PROACT Search as Senior Vice Presidents and will work to grow the reach of PROACT Search in K12 Executive Search Services, work closely with client engagements and bring new expertise in developing new products and services for the firm."

https://www.facebook.com/PROACTSearch


Michael Hinojosa, former Superintendent of Dallas ISD (2005-2011), became Superintendent of Cobb County Schools (Georgia) in June 2011.
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Dallas ISD to spend up to $200,000 on search firm to find Mike Miles’ cabinet members and principals-Education Blog - DMN - 5-24-12

http://educationblog.dallasnews.com/2012/05/dallas-isd-to-spend-up-to-200000-on-search-firm-to-find-mike-miles-cabinet-members-and-principals.html

Former Dallas superintendent Michael Hinojosa resigns from top job in suburban Atlanta schools

http://educationblog.dallasnews.com/2014/02/former-dallas-superintendent-michael-hinojosa-resigns-from-top-job-in-suburban-atlanta-schools.html

Former Superintendent Michael Hinojosa returning to Dallas

http://www.myfoxdfw.com/story/24631397/former-superintendent-michael-hinojosa-returning-to-dallas

Superintendent search applicant information request

On March 20, 12 in closed session, Trustees received the top eleven candidates selected by PROACT Search.  Only one copy of the applicant information/resumes was provided at this important meeting, and that one copy had to be passed from Trustee to Trustee.

Trustees reduced the list of eleven applicants to five applicants to be interviewed.  Gary R. Soloman, President of PROACT took all information on the eleven applicants with him at the end of the closed session and Trustees were never provided an individual copy.

This appeared to be an effort to control the information and the process. The so-called Superintendent Search Code of Ethics had previously been signed by eight Trustees. This surprise document was intended to muzzle dissent.

Still, it did not seem to matter. It appears information was reported that was quite accurate. This information did not come from the District 6 Trustee. In the closed session Trustee Bernadette Nutall attempted to accuse me of being the source of this leaked information - since I was the only Trustee who had not signed the document agreeing to be muzzled. More than absolutely false, Trustee Bernadette Nutall's accusation was wrongheaded.

Later I requested that we review additional candidates, but that was not done. Only five applicants were ever interviewed. Three of the five were invited for a second interview, and that decision became somewhat political.

Trustees never saw the remaining 78 resumes.

I believe it would have been wise to interview additional candidates presented by PROACT Search and review all resumes received.

I am not aware of a response to the request below since April 11th - unless it was misplaced.  Today is April 23nd - twelve days later.


******************************************************************************************************
-------- Original Message --------

Subject:	Superintendent Search Candidate Resume and Information
Date:	Wed, 11 Apr 2012 16:46:35 -0500
From:	Carla Ranger
Organization:
To:	Gary R. Solomon (PROACT Search)
CC:	Lew Blackburn, Alan King, Jack Elrod, Deno Harris, Leticia D. McGowan, Delisa Proctor

Good afternoon,

This is to request a copy of all resumes and references of all 89
applicants applying for the position of Dallas ISD Superintendent.

Please identify the eleven applicants selected and presented to Trustees
by PROACT Search. You will recall that you and Board President Lew
Blackburn refused to allow me to see the top eleven applications at the end
of the meeting on the evening of March 20, 2011 - although I made the
request before leaving the room.

Also, please identify all applicants referred by Mayor Mike Rawlings.

Please send the information to me - the Trustee making the request.
I don't know the wishes of other Trustees.

Thank you.

CR

Dallas ISD Trustee site visits to Colorado Springs

Dallas ISD Trustees will be visiting Harrison School District Two in the Colorado Springs area on Friday and Monday.  The schedule for both visits is the same.

The Colorado Springs area brings back fond memories. Our son - a former Skyline High School student - graduated from the U.S. Air Force Academy in Colorado Springs and served as a military officer. We visited the area several times until his graduation.

The draft schedule below was provided to Trustees.

*************************************************************************************************************
Dallas ISD Board Site Visits – Trustees Participation
Site visits will take place on Friday, 13 April and Monday, 16 April.

Time    Location    Event    Participants

8:30 - Hotel - Pick up DISD Board - Deborah Hendrix, Harrison Board President
8:45 – 9:30 - Board Room - Meeting with Principals - 5 principals
9:45 – 12:00 - Visit schools – instructional visits and system review - At three schools - Mike Miles and principals
12:15 – 1:30    FlatIrons - Lunch with Harrison School Board members - Two Harrison School Board members (Deborah Hendrix and Victor Torres)
1:45 – 2:45 - Board Room - Meeting with Core Team - 5 Core Team members
3:00 – 4:30 - TBD - Meeting with community leaders - 5 community leaders
4:45 – 6:00 - Hotel - Individual time - DISD Board members
6:00 - Hotel - Pick up DISD Board - Community member
6:15 – 8:00 - Macaroni Grill - Dinner and debrief with Mike - Mike Miles and Deborah Hendrix
8:00 - Macaroni Grill - Drop off to hotel - Mike Miles and Deborah Hendrix

*************************************************************************************************************

 Dallas ISD Board Site Visits – Trustees Participation

Friday, April 13 - Blackburn - Cowan - Morath - Nutall    

Monday, April 16 - Flores - Medrano - Parrott - Ranger

Attorney General Jim Maddox upheld right to talk about closed session in 1989

In 1989 Attorney General Jim Maddox decided that the Free Speech rights guaranteed to members of governmental bodies by the First Amendment to the United States Constitution  could not be unduly restricted.  
******************************************************************************************************************************************************************************

Office of the Attorney General
State of Texas

July 11, 1989

Honorable Kent A. Caperton Chairman Finance Committee Texas State Senate P.O. Box 12068 Austin, Texas 78711

Opinion No. JM-1071 Re: Whether the "certified agenda" provision of the Open Meetings Act, article 6252-17, V.T.C.S., unduly restricts speech rights of members of governmental bodies (RQ-1681)

Dear Senator Caperton:

You request an opinion interpreting a provision of section 2A of the Texas Open Meetings Act, article 6252-17, V.T.C.S. Section 2A was added to the Open Meetings Act in 1987. Acts 1987, 70th Leg., ch. 549, s 3, at 2212. It requires governmental bodies to maintain a certified agenda or tape recording of executive sessions. See Attorney General Opinion JM-840 (1988). Subsection 2A(h) of the act provides in part: 

No individual, corporation, or partnership shall, without lawful authority, knowingly make public the certified agenda or tape recording of a meeting or that portion of a meeting that was closed under authority of this Act. (Emphasis added.)
V.T.C.S. art. 6252-17, s 2A(h). 

You state that some local authorities have interpreted the quoted language to mean that persons present in an executive session cannot make any statements regarding the subject matter of the session, even to voice their own opinion about that subject. You point out that this interpretation raises a serious question of interference with the freedom of speech guaranteed by the First Amendment of the United States Constitution. U.S. Const. amend. I. See Attorney General Opinion MW-563 (1982) at 5, 6. 

We interpret subsection 2A(h) as applying only to the records of executive sessions which governmental bodies are required to keep pursuant to section 2A of the act. It does not prohibit persons who are present at the executive session from afterwards talking about the subject matter of the session. Accordingly, we need not reach the first amendment issue.

The meaning of the language in subsection 2A(h) can be determined by looking at section 2A as a whole. Subsection 2A(c) describes a certified agenda:

The certified agenda shall state the subject matter of each deliberation and shall include a record of any further action taken. The certified agenda of closed or executive sessions shall be made available for public inspection and copying only upon court order in an action brought under this Act. (Emphasis added.)

Id. s 2A(c).

The language on inspection and copying in the above provision shows that the certified agenda is a record. A tape recording of the executive session, like a certified agenda, is a record. See generally V.T.C.S. art. 6252-17a, s 2(2) (definition of "public records" under Open Records Act).
Section 2A of the Open Meetings Act repeatedly uses the terms "certified agenda" and "tape recording" to refer to the tangible documents that record the executive session. For example, the certified agenda or tape is available for in camera inspection by the judge in a lawsuit involving an alleged violation of the act. Id. s 2A(e). The certified agenda or tape must be preserved for a least two years after the date of the meeting. Id. s 2A(f). Members of a governmental body may not participate in a closed meeting knowing that a certified agenda is not being kept or a tape recording is not being made. Id. s 2A(g). These requirements cannot be rationally applied to speech occurring after the meeting.

The "certified agenda" and "tape recording" mentioned in the provisions we have cited record the proceedings of the executive session. The legislature presumably used these two terms consistently throughout section 2A. See Paddock v. Siemoneit, 218 S.W.2d 428, 435 (Tex.1949). In our opinion, subsection 2A(h) bars the release of such records, and does not prevent members of the governmental body from talking about their recollections of the subject matter of the executive session.

The purpose of enacting section 2A was to ensure that a record of executive sessions would be available in the event of a lawsuit alleging an Open Meetings Act violation. Subsection 2A(h) ensures that the record will be used only for that intended purpose. The prohibition is thus corollary to, and no broader than, the new record keeping requirement. Persons who attended an executive session are not prohibited by section 2A(h) from discussing its subject matter. [FN1] 

SUMMARY

Subsection 2A(h) of article 6252-17, V.T.C.S., the Texas Open Meetings Act, applies to the certified agenda or tape recording kept as a record of an executive session. It does not prohibit members of a governmental body or other persons in attendance at an executive session from making public statements about the subject matter of that session.

Very truly yours,
Jim Mattox
Attorney General of Texas
Mary Keller
First Assistant Attorney General
Lou McCreary
Executive Assistant Attorney General
Judge Zollie Steakley
Special Assistant Attorney General
Rick Gilpin
Chairman, Opinion Committee
Jennifer S. Riggs
Chief
Open Government Section Opinion Committee
Prepared by
Susan L. Garrison
Assistant Attorney General 

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Footnotes

FN1. Nothing in the Open Meetings Act requires members of a governmental body to make statements about an executive session.

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Dallas ISD Board of Trustees names Mike Miles as lone finalist for superintendent

Dallas ISD Board of Trustees names Mike Miles as lone finalist for superintendent

Voting Yes - Trustees Flores, Morath, Parrott, Bingham, Blackburn, Cowan,  Medrano,  Nutall
Abstaining - Trustee Ranger - wanted more information on all candidates and an open and transparent process.

Dallas ISD Search Code of Ethics not listed on public notice or agenda

Tuesday evening Board President Lew Blackburn presented a so-called Dallas ISD Search Code of Ethics to Trustees for the first time.  This was done at the last minute or right before we were scheduled to go into a closed session to receive the candidates presented by PROACT Search.  There was no prior discussion or disclosure. Trustees had no part in creating the document.

The Texas Open Meetings Act (TOMA) requires that items for adoption at a Board meeting  be listed on the agenda in order to give notice to the public.  There was no public notice or listing of a Dallas ISD Search Code of Ethics.

The President quickly read the ethics code and asked Trustees to sign it and return to him.

After expressing  concern about this surprise action by the Board President, I clearly stated that I was not going to sign the document; so, the meeting could have moved on.  However, the meeting was delayed when  other trustees such as Nancy Bingham and Lew Blackburn refused to accept what I had already stated.  They indicated they did not want to move on or were uncomfortable with continuing until I signed this newly created document demanded by the Board President.

Then, and even more so now, I believe this was totally inappropriate because no such action was authorized to be taken at this meeting.  The agenda said there was to be a Discussion of the Superintendent Search Process, not an adoption of an ethics policy.

The Texas Open Meetings Act (TOMA) does not allow a Board President to do whatever he wants. If an item is to be adopted, it is posted and placed on the agenda as an action item for adoption.  That did not happen.

"Recess" was called by  the President.  I did not request a recess.  The recess was called because Lew Blackburn and Trustee Bingham wanted to force me to sign this so-called ethics document.

Also, it appears the recess occurred, in part, because one of our outside attorneys was called and asked to come to the meeting  to speak to me.  I did speak with the attorney and again stated that I would not sign the document. And I didn't.

The Board President then resumed the meeting but without disclosing that I would not be signing the document. The meeting continued as scheduled after the delay which was caused solely by the Board President and those who wanted to force me to sign.

I am glad I did not sign it.  Those who did sign it might have violated the Open Meetings Act. Moreover,  I believe this action by the President was totally inappropriate. 

Dallas ISD is not a herd following cattle over a cliff.  It is a public institution.  Board members are elected Trustees.  I will do my very best to make independent decisions. 

The agenda is below.  There is no Dallas ISD Search Code of Ethics listed on the agenda; yet Board members signed this unposted document.  

Trustees had no role in creating, contributing to or developing the document.  In fact, Trustees were given no opportunity to even discuss it. 

All parts of the Superintendent Search process, large and small, should be handled properly, in keeping with our policies and procedures.

For Trustees to do otherwise could taint the process.

***************************************************************************

Called Board Meeting Agenda and Notice

Tuesday, March 20, 2012 at 6:00 PM

Board Room or the Ada L. Williams Auditorium

3700 Ross Avenue, Dallas, TX 75204

1.	Notice and Return

2.	Moment of Silence and Pledge of Allegiance

3.	Discussion of the Superintendent Selection Process

4.	CLOSED SESSION - The Board will retire to closed session pursuant to Texas Government Code Section 551 concerning the following section:

551.074 To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, including discussion of applicants for superintendent.

5.	Adjournment

Lew Blackburn's conflict of interest - PROACT Search and East Baton Rouge Parish School System

The disclosure that Dallas ISD Board President Lew Blackburn applied for the open Superintendent position of East Baton Rouge Schools (43,000 students) which is represented by PROACT Search - the same firm hired on September 20, 2011 to conduct the Superintendent search for Dallas ISD - raises not only conflict of interest but abuse of Trustee Blackburn's position as President of the Board.

This raises a clear conflict of interest but that didn't stop the ambitions of Trustee Blackburn.

There was no official disclosure to the Dallas ISD Board by Trustee Blackburn or PROACT Search. The
application deadline for the Baton Rouge position was December 1, 2011.

The Dallas ISD Superintendent search with PROACT will now have a cloud hanging over it because of the Board President's self-serving conflict of interest.

It now appears the Board President is using the Dallas ISD Superintendent search to campaign for a Superintendent position for himself.

The Dallas ISD Superintendent search is being dragged on too long.

We need a Superintendent - not a Board President seeking to land a Superintendent position for himself at the same time with a school district represented by the same search firm - PROACT Search.

It shouldn't take a year to find a Superintendent for Dallas ISD.

One of the search firms interviewed last September stated they would have a list of candidates for the board to consider in January 2012.  That firm was not chosen.

The Dallas ISD Superintendent search will continue to be tainted by the the Board President's conflict of interest and current campaign to obtain a Superintendent's position for himself.

And the compromising of Dallas ISD will continue.

PROACT Seach - http://proactsearch.com/
East Baton Rouge Parish School System - http://ebrschools.org/

East Baton Rouge Parish School System Applicants
Blackburn, Lew Vice President Texas Can! Academies! Dallas TX