Dec 15, 2022 Special Board Meetings

GOOD MORNING, THIS MEETING IS NOW CONVENED.

[00:00:07]

BOARD MEMBERS PRESENT IN THE BOARD AUDITORIUM ARE TRUSTEE WADE, TRUSTEE SANTOS, TRUSTEE CRUZ, TRUSTEE DEIGAARD, TRUSTEE BAKER, TRUSTEE HERNANDEZ.

I WOULD LIKE TO ASK EVERYONE TO PLEASE SILENCE ALL CELL PHONES.

[SPEAKERS TO AGENDA ITEMS]

THE LANGUAGE OF THE POSTING MAY HAVE INCORRECTLY SUGGESTED THAT WE WERE DEFINITELY TAKING ACTION ON THE REDISTRICTING MAPS TODAY, AS OPPOSED TO HEARING A DISCUSSION CONCERNING PUBLIC COMMENT RECEIVED AND IF READY, POSSIBLY TAKING ACTION TO ADOPT A REDISTRICTING MAP.

MADAM PRESIDENT, I MOVE THAT WE POSTPONE THE ITEM TO THE NEXT REGULARLY SCHEDULED BOARD MEETING ON JANUARY 12TH.

SO TRUSTEE CRUZ AND TRUSTEE HERNANDEZ, DO WE HAVE TO HAVE A DEFINITIVE DATE FOR THAT? IS IT ARE YOU ASKING FOR THE VOTE FOR US TO VOTE ON THIS ON THE NEXT REGULARLY SCHEDULED OR FOR JUST TO BE AS IT WAS SUPPOSED TO BE WRITTEN W ITH THE POSSIBILITY TO VOTE ON THE REGULARLY SCHEDULED.

OR A DEFINITIVE VOTE? IS MY CLARIFICATION, I WOULD PREFER THE POSTING TO BE ORIGINALLY WHAT IT WAS SUPPOSED TO BE ORIGINALLY, BUT, MS. MCBRIDE? CORRECT, YOU CAN MAKE A MOTION TO POSTPONE CONSIDERATION OF THIS ITEM TO BE DISCUSSED AND CONSIDER POSSIBLE ACTION REGARDING REDISTRICTING MAPS TO BE CONSIDERED BY THE BOARD AT THE NEXT REGULAR BOARD MEETING IN JANUARY.

THAT CAN BE THE MOTION. WHAT SHE SAID.

SECOND WHAT SHE SAID.

WE HAVE A MOTION BY TRUSTEE HERNANDEZ AND A SECOND BY TRUSTEE SANTOS.

IS THERE ANY DISCUSSION? ACTUALLY, YES, THERE'S DISCUSSION.

SO CLARIFICATION.

WE'RE NOT CHANGING ANYTHING, WE'RE JUST GOING TO CHANGE THE DATE OF THE VOTE; CORRECT? CHANGING THE DATE OF THE VOTE.

THANK YOU, AND TO BE MOST PRECISE, YOU'RE CHANGING THE DATE OF YOUR DISCUSSION AND POSSIBLE VOTE.

PLEASE VOTE. OH, SORRY, NO ONE'S SHOWING UP IN THE QUEUE.

TRUSTEE DEIGAARD? THANK YOU. SO NORMALLY WE DON'T HAVE VOTING ITEMS LIKE THIS AT A HEARING UNLESS IT'S SOMETHING THAT LEGALLY CAN'T WAIT OR THAT THE BOARD HAS CHOSEN TO POSTPONE FROM A REGULAR MEETING TO DO TODAY.

SO I WAS PERPLEXED THAT IT WAS PUT THIS WAY ON THIS MEETING AGENDA BECAUSE THAT'S OUTSIDE OF OUR NORMAL PRACTICE.

SO I'M SUPPORTIVE OF MOVING IT SO WE STAY WITHIN OUR NORMAL PRACTICE, BUT I JUST WANT TO CONFIRM THERE'S NOT SOME LEGAL REASON WHY WE WOULD NEED TO TAKE ACTION TODAY.

THERE'S NO LEGAL REASON.

NO. OKAY, THANK YOU.

ANYONE ELSE? I WANT TO MAKE SURE NO ONE ELSE IS IN THE QUEUE.

OKAY. WE'VE BEEN JOINED BY TRUSTEE ALLEN.

SORRY. I WASN'T SURE IF MY MIC WAS ON.

SEVEN FOR ZERO AGAINST ZERO ABSTENTIONS.

WE HAVE TEN SPEAKERS WHO SHALL BE LIMITED TO 2 MINUTES EACH PER BOARD POLICY.

PLEASE SPEAK TO THE AGENDA ITEM YOU HAVE SIGNED UP FOR.

WE ALSO ASK THAT SPEAKERS STAY ON TOPIC AND REFRAIN FROM NAMING INDIVIDUALS, ESPECIALLY STUDENTS, AS THEIR IDENTITY IS PROTECTED UNDER LAW, BUT YOU MAY NAME YOUR OWN CHILD.

SPEAKERS SHOULD PRACTICE NORMAL RULES OF DECORUM.

OBSCENE LANGUAGE AND PROFANITY WILL NOT BE TOLERATED AS THIS IS A PUBLIC MEETING AND OUR STUDENTS ARE WATCHING.

ADDITIONALLY, DISRUPTIONS OF THE MEETING WILL NOT BE TOLERATED.

WE ASK THE AUDIENCE TO REFRAIN FROM INTERRUPTING SPEAKERS WHILE THEY PRESENT TO THE BOARD DURING THIS PORTION OF THE MEETING AND TO PROMPTLY END THEIR REMARKS WHEN THE TIMER RINGS INDICATING THE EXPIRATION OF THEIR TIME, SPEAKERS WILL GENERALLY BE GIVEN TWO REMINDERS OF OUR PUBLIC COMMENT RULES.

IF THE SPEAKER CONTINUES TO VIOLATE THESE RULES AFTER THESE REMINDERS, THE SPEAKER WILL BE ASKED TO LEAVE THE MEETING.

THE ONE ITEM HELD FOR OUR REGISTERED SPEAKERS IS B-1 ADOPTION OF A RESOLUTION APPROVING A REDISTRICTING PLAN FOR SINGLE MEMBER TRUSTEE DISTRICTS.

WILL JUAN CARDOZA-OQUENDO, PLEASE COME TO THE PODIUM.

[00:05:06]

MY NAME IS JUAN CARDOZA-OQUENDO AND I'M THE DIRECTOR OF POLICY AND ELECTIONS AT HOUSTON IN ACTION.

HOUSTON IN ACTION IS A NETWORK OF COMMUNITY ORGANIZATIONS THAT'S WORKING TO REMOVE BARRIERS TO CIVIC ENGAGEMENT FOR HISTORICALLY MARGINALIZED COMMUNITIES. OF COURSE, REDISTRICTING AND WHO COMMUNITIES ARE ABLE TO ELECT.

THAT'S CENTRAL TO OUR MISSION.

I WANT TO THANK YOU ALL FOR PROVIDING MORE TIME FOR THE PUBLIC TO PROVIDE COMMUNITY INPUT.

YOU ALL KNOW BETTER THAN ME THAT REDISTRICTING IS A HARD PROCESS.

IT'S A TECHNICAL PROCESS.

FOR REGULAR FOLKS THAT YOU ALL REPRESENT, TO GET ACQUAINTED WITH THE REDISTRICTING PLANS, COME UP WITH PROPOSALS FOR YOU ALL TO CONSIDER.

THAT TAKES TIME.

WE WANT TO THANK YOU FOR HOLDING TOWN HALLS, AND YOU HELD TOWN HALLS IN YOUR DISTRICTS THESE PAST FEW WEEKS.

THERE WAS A FEEDBACK FORM THAT SOME OF OUR PARTNER ORGANIZATIONS TOOK ADVANTAGE OF, BUT THE PUBLIC NEEDS MORE TIME TO PROVIDE ITS INPUT. HOUSTON IN ACTION, WE ACTUALLY PARTICIPATED IN THE COUNTY'S REDISTRICTING PROCESS AND ALSO THE CITY'S REDISTRICTING PROCESS.

WE BRING TOGETHER DIVERSE COMMUNITIES AND WE'VE ACTUALLY MAPPED COMMUNITIES OF INTEREST AND WHAT WE WANT TO DO.

THIS UPCOMING THESE UPCOMING WEEKS.

OF COURSE, THE HOLIDAYS ARE COMING UP IS MEET WITH YOU ALL TO SHOW YOU SOME OF THESE COMMUNITIES OF INTEREST AND HOW THEY COMPARE WITH THE REDISTRICTING PLANS THAT YOU'RE CONSIDERING.

WE WANT TO MAKE SURE THAT COMMUNITIES OF INTEREST ARE KEPT WHOLE BECAUSE THAT'S WHAT WILL ALLOW THEM TO ELECT A REPRESENTATIVE CHOICE.

SO WE LOOK FORWARD TO WORKING WITH YOU ALL AND LOOK OUT FOR AN EMAIL FROM ME.

[INAUDIBLE] GONZALEZ, AND FOLLOWING HER WILL BE MARA GILLIARD MARIA HERNANDEZ.[SPANISH].

SO I HAD HER ORIGINAL SCRIPT.

IT SAYS, GOOD MORNING, MEMBERS OF THE BOARD.

MY NAME IS [INAUDIBLE] GONZALEZ AND I AM A GULFTON AREA RESIDENT, MOTHER OF A PIN OAK STUDENT, AND I AM A MEMBER OF THE LATINOS FOR EDUCATION.

I HAVE LIVED IN THE GULF AREA FOR OVER 14 YEARS.

THE QUALITY OF MY CHILDREN'S EDUCATION IS IMPORTANT TO ME AND MY FAMILY.

I WOULD LIKE TO ASK THE BOARD TO POSTPONE THE DECISION REGARDING REDISTRICTING UNTIL FEBRUARY 2ND.

THE GULFTON COMMUNITY NEEDS MORE TIME TO EVALUATE THE MAPS, PARTICULARLY FOR THE SOUTHWEST AREA WHERE I LIVE.

I WOULD LIKE YOU TO BE AWARE THAT NO MEETING WAS SCHEDULED IN OUR COMMUNITY WHERE THE COMMUNITY COULD LEARN MORE ABOUT THE PROCESS.

WE ALSO WOULD LIKE TO HAVE MORE TIME TO EVALUATE THE MAPS AND ENSURE THAT THE INTERESTS OF THE COMMUNITY REMAINS TOGETHER.

SHE HAD ADDED SOMETHING THAT I DIDN'T HAVE, SO LET ME SEE.

THANK YOU FOR EXTENDING THE TIME ABOUT THE REZONING.

WE NEED MORE MEETINGS, MORE COMMUNITY MEETINGS IN THE AREA OF THE GULFTON SO THAT MY COMMUNITY CAN LEARN MORE ABOUT THE PROCESS.

MARA GILLIARD.

MARIA HERNANDEZ.

GOOD MORNING. MY NAME IS MARIA HERNANDEZ AND I AM A MOTHER, GRANDMOTHER AND RESIDENT OF SHARPSTOWN FOR ALMOST 25 YEARS.

AND I'M ALSO A COMMUNITY LEADER AND CO FOUNDER OF [SPANISH] MOTHER'S OF THE PARK, AND I WANT TO THANK YOU ALL FOR [INAUDIBLE].

IT'S VERY IMPORTANT FOR OUR COMMUNITY TO KNOW THE PROCESS OF THE REZONING, AND IT IS PRIMAL THAT WE HAVE MORE COMMUNITY ENGAGEMENT FOR OUR COMMUNITY VALUE THAT THE PROCESS AND KNOW MORE ABOUT THE

[00:10:08]

SO I REALLY THANK YOU SO MUCH FOR GIVING US THAT TIME.

THANK YOU SO MUCH.

SANDRA RODRIGUEZ.

BUENOS DIAS. GOOD MORNING.

MY NAME IS SANDRA RODRIGUEZ AND I'M A LIFELONG RESIDENT OF SOUTHWEST HOUSTON AND ADVOCACY DIRECTOR LATINOS FOR EDUCATION.

I ALSO SERVE AS THE PRESIDENT FOR THE GULFTON SUPER NEIGHBORHOOD COUNCIL, A GROUP OF RESIDENTS AND STAKEHOLDERS IN THE GOLDEN NEIGHBORHOOD LOCATED IN SOUTHWEST HOUSTON.

THE COUNCIL SERVES AS A FORUM WHERE RESIDENTS AND STAKEHOLDERS CAN DISCUSS ISSUES IMPACTING THEIR COMMUNITY AND DEVELOP AN ACTION PLAN FOR COMMUNITY IMPROVEMENT.

SOUTHWEST HOUSTON IS A COMMUNITY THAT WELCOMES NEWCOMERS FROM AROUND THE WORLD.

IN THE LATE SEVENTIES AND EIGHTIES, THERE WAS AN INFLUX OF IMMIGRANTS FROM MEXICO, CENTRAL AMERICA, AND OVER THE LAST COUPLE OF DECADES, IRAN, IRAQ AND AFGHANISTAN, TO NAME A FEW. WITH THE BEAUTY OF OUR DIVERSITY, IT ALSO BRINGS CHALLENGES IN ENSURING PEOPLE HAVE ACCESS TO INFORMATION.

I WANT TO THANK YOU FOR EXTENDING THE TIME TO MAKE A DECISION ON THE REDISTRICTING PROCESS.

WE NEED MORE TIME FOR ENGAGEMENT SO THAT OUR COMMUNITY UNDERSTANDS THE PROCESS, UNDERSTANDS THE MAPS, AND ENSURE THERE IS REPRESENTATION.

REDISTRICTING MEETINGS WERE CONDUCTED THROUGHOUT THE MONTH OF NOVEMBER AND DECEMBER.

NOT AN IDEAL TIME, ESPECIALLY WITH THE HOLIDAYS TO ADD IN OUR COMMUNITIES OF GULFTON, SHARPSTOWN, BRAEBURN AND MIDWEST.

THERE WERE NO COMMUNITY MEETINGS HELD.

IT IS EVEN MORE CHALLENGING WHEN THESE COMMUNITIES ARE REPRESENTED BY THREE DIFFERENT DISTRICTS.

IN ADDITION, WE ASK ALL HISD MEETINGS WHETHER THE DISTRICT OR IN THE COMMUNITY TO ENSURE WE HAVE LANGUAGE, ACCESSIBILITY AND INTERPRETATION.

I WELCOME THE OPPORTUNITY TO WORK WITH YOU TO ENSURE THERE IS SUFFICIENT TIME FOR ENGAGEMENT DURING THIS REDISTRICTING PROCESS.

THANK YOU. NEXT, WE WILL HEAR FROM SPEAKERS WHO HAVE CHOSEN TO ADDRESS THE BOARD VIA ZOOM.

WE MUST SEE.

OK. MARA GILLIARD.

OK. GOOD MORNING, BOARD MEMBERS.

MY NAME IS MARA GILLIARD AND I'M THE FAMILY AND COMMUNITY ORGANIZER AT LATINOS FOR EDUCATION.

TODAY, I JOIN OTHER COMMUNITY MEMBERS TO ASK THAT YOU RESCHEDULE THE REDISTRICTING DECISION TO FEBRUARY 2ND.

I WAS RUNNING, SO THANK YOU.

I WANT TO SHARE WITH YOU THE THAT OVER THE PAST SIX MONTHS, I'VE HAD THE OPPORTUNITY TO WORK WITH MANY FAMILIES IN THE HISD DISTRICT, MANY WHO HAVE CHILDREN IN SCHOOLS LIKE J.

LONG ACADEMY, BRAEBURN, CUNNINGHAM ELEMENTARY, BENAVIDES, RODRIGUEZ, BELLAIRE HIGH SCHOOL AND OTHER SCHOOLS IN THE SOUTHWEST AREA OF HOUSTON. OUR CONVERSATIONS RANGE FROM DISCUSSING PERSONAL AND ECONOMIC AND ECONOMIC CHALLENGES, BUT OUR MOST MEANINGFUL AND POWERFUL CONVERSATIONS ARE CENTERED AROUND THE HOPES AND DREAMS THAT THEY HAVE FOR THEIR CHILDREN.

AND UNFORTUNATELY, THE CHALLENGES, THE EDUCATIONAL CHALLENGES THAT THE COMMUNITIES OF AREA, THE COMMUNITIES OF INTEREST IN THIS AREA FACE.

I ASK THAT AS YOU'RE MAKING DECISIONS THAT WILL IMPACT THE FAMILIES AND CHILDREN IN THIS AREA FOR YEARS TO COME, THAT YOU ALLOW MORE TIME FOR COMMUNITY MEMBERS IN THIS AREA TO ASSESS THE MAPS AND TO ENGAGE IN CONVERSATIONS THAT WILL IMPACT THEIR FAMILIES FOR YEARS TO COME.

THANK YOU FOR YOUR TIME.

NEXT, WE WILL HEAR FROM SPEAKERS WHO HAVE CHOSEN TO ADDRESS THE BOARD VIA ZOOM.

WE MUST SEE YOU LIVE WITH YOUR CAMERA ON AS YOU SPEAK.

IF YOU ARE WATCHING THE MEETING LIVE ON ANOTHER DEVICE, PLEASE MUTE THE MEETING AUDIO WHEN YOU ARE READY TO SPEAK TO AVOID AUDIO INTERFERENCE, TURN ON YOUR CAMERA AND BEGIN SPEAKING. MISS TRINH, PLEASE IDENTIFY AND ADMIT OUR SPEAKERS.

ANITA [INAUDIBLE] THE ANITA [INAUDIBLE].

PLEASE TURN ON YOUR CAMERA.

YOUR SPEAKER, AND YOU MAY BEGIN.

ANITA, YOU'RE ON MUTE.

YOU CAN'T HEAR ME? WE CAN HEAR YOU NOW.

OKAY. I JUST WAS WANTING TO CALL IN BECAUSE I AM TRYING TO BE MORE INVOLVED WITH WHAT'S HAPPENING IN HISD.

I HAVE TWO DAUGHTERS AT CONDIT ELEMENTARY.

MY UNDERSTANDING IS RUDIMENTARY, BUT WHAT I'M UNDERSTANDING IS THAT AND I HAVEN'T BEEN ABLE TO WATCH BECAUSE I'M IN A MEETING, I'M JUST CONCERNED THAT THIS MEETING IS TAKING PLACE WHEN A LOT OF PEOPLE ARE AT WORK.

I MYSELF, AM STEPPING OUT OF A MEETING TO DO THIS, WHICH JUST GIVEN THE GRAVITY OF WHAT IS BEING VOTED UPON, MY UNDERSTANDING IS THERE'S REDISTRICTING THAT'S BEING

[00:15:09]

IT'S SUPER DIVERSE AND I JUST WANT TO MAKE SURE THAT WE ARE NOT CARVING UP DISTRICTS AND THEN IMPACTING STUDENTS FOR YEARS TO COME BY DECIDING ON A VOTE TODAY. I'M ASKING THAT YOU DELAY WHEN YOU MAKE THIS VOTE SO YOU CAN GET MORE INPUT FROM THE COMMUNITY AT A TIME THAT IS MORE CONDUCIVE NOT AT THE VERY END OF THE SEMESTER WHEN THINGS ARE WRAPPING UP, AND THAT IS ALL I WANTED TO SAY.

I APPRECIATE YOUR TIME.

THANK YOU.

OUR NEXT SPEAKER IS TED [INAUDIBLE].

TED [INAUDIBLE], PLEASE TURN ON YOUR CAMERA, TURN ON YOUR VOLUME, AND YOU MAY BEGIN.

YOU HAVE 2 MINUTES.

HI, MY NAME IS TED [INAUDIBLE], AND I GO ON RECORD SAYING, MR. [INAUDIBLE], WE CANNOT SEE YOU. COULD YOU PLEASE TURN ON YOUR--WE CAN SEE YOU NOW.

THANK YOU. WELL, THE PRESSURE IS ON 2 MINUTES.

DOES THAT START NOW OR WHEN YOU TOLD ME I DID? I DON'T CARE. I LOVE PUBLIC SCHOOLS.

PUBLIC? THERE'S NO MENTION IN THE HOUSTON CHRONICLE ABOUT THE DECISION BEFORE YOU THIS MORNING ON DISTRICTING.

THIS IS A MATTER AS FUNDAMENTAL AS NO TAXATION WITHOUT REPRESENTATION.

THIS IS A RUSH TO JUDGMENT.

WHEN CAN IT BE DONE IN PRIVATE? THAT'S THE LAW.

BUT WHAT YOU'RE DOING TODAY IS ABOUT AS CLOSE TO PRIVATE AS CAN POSSIBLY BE DONE.

YOU ARE FOLLOWING THE LETTER OF THE LAW, BUT IF YOU DECIDE TODAY YOU ARE NOT FOLLOWING THE SPIRIT OF THE LAW, THIS MAY HAVE LONG TERM NEGATIVE REPERCUSSIONS, INCLUDING PEOPLE DECIDING, BY THE WAY YOU DO THINGS TO NOT VOTE FOR BONDS IN THE FUTURE.

IF YOU MAKE THE WRONG DECISION, YOU WILL CONTINUE TO EXCLUDE THOSE WHO SHOULD HAVE THE GREATEST INVOLVEMENT AND GREATEST REPRESENTATION ON THE SCHOOL BOARD.

PLEASE WAIT.

MAKE THIS A TRULY PUBLIC SCHOOL DECISION.

I THANK YOU VERY MUCH FOR LISTENING TO ME.

THANK YOU.

OUR NEXT SPEAKER IS ROSE ANGELA JUAREZ.

ROSE ANGELA, PLEASE TURN ON YOUR CAMERA, TURN ON YOUR VOLUME, AND YOU MAY BEGIN.

ROSE ANGELA JUAREZ, YOU ARE IN THE MEETING.

SEE ME? [SPANISH] OKAY. TURN ON YOUR CAMERA.

YEAH. CAN I SPEAK? [SPANISH] OKAY.

GOOD MORNING, BOARD MEMBERS.

MY NAME IS ROSE ANGELA JUAREZ.

I'M A RESIDENT OF THE AREA OF BOLTON.

I'M ALSO A MOTHER OF STUDENTS IN BENAVIDEZ ELEMENTARY.

I'M A MEMBER OF LATINOS FOR EDUCATION.

I'VE BEEN LIVING IN THE GULFTON AREA AND MORE THAN 13 YEARS.

THE PEOPLE IN MY COMMUNITY NEED

[00:20:06]

THERE WAS NO MEETING PROGRAM WITH THE COMMUNITY IN MY AREA WHERE ALL THE PARENTS IN THE COMMUNITY COULD LEARN MORE ABOUT THE PROCESS.

I ASK, WITH ALL DUE RESPECT TO THE BOARD MEMBERS THAT WE SHOULD ALSO HAVE MORE TIME TO EVALUATE THE MAPS AND ENSURE THAT THE PARENTS IN THEIR COMMUNITIES IN THEIR INTEREST COMMUNITIES STAY TOGETHER.

THIS IS MY PETITION TO THE BOARD MEMBERS AND I THANK YOU FOR THE ATTENTION THAT YOU GAVE ME.

THANK YOU.

OUR NEXT SPEAKER IS RUTH KRAVITZ.

RUTH, PLEASE TURN ON YOUR CAMERA, TURN UP YOUR VOLUME, AND YOU MAY BEGIN AS SOON AS WE SEE AND HEAR YOU.

YOU HAVE 2 MINUTES.

GOOD MORNING.

GOOD MORNING. YOU MAY BEGIN.

IT LOOKS LIKE THERE'S TWO OF ME ON HERE, BUT THAT WORKS.

ON BEHALF OF COMMUNITY VOICES FOR PUBLIC EDUCATION.

I WANT TO THANK YOU FOR YOUR WORK ON REDISTRICTING.

THIS BOARD BEGAN DISCUSSING REDISTRICTING IN JUNE.

GIVEN THAT PUBLIC INPUT WAS COMPRESSED TO A FEW WEEKS DURING THE HOLIDAY SEASON, THANK YOU FOR POSTPONING THE VOTE.

THE PUBLIC EXPECTS THE BOARD TO DELIBERATE AND VOTE AT ITS REGULARLY SCHEDULED MEETINGS.

FEW PEOPLE ARE EVEN AWARE OF THIS VOTE WAS SCHEDULED FOR TODAY.

PLANS A&D THE ONLY PLANS PRESENTED TO THE PUBLIC GIVE AN OUTSIZED REPRESENTATION TO ANGLO, MORE AFFLUENT CONSTITUENCIES.

GIVEN THAT HOUSTON IS A DEMOGRAPHICALLY DIVERSE CITY, REDISTRICTING SHOULD REFLECT THAT.

ANY PLAN FOR REDISTRICTING SHOULD COMPLY WITH SECTION TWO OF THE VOTING RIGHTS ACT, AS OF COURSE, YOU GUYS KNOW, TO AVOID DILUTING MINORITY VOTING POWER, AND I URGE YOU TO REVISIT THE MAPS, NOT JUST A AND D, BUT ALL OF THEM.

THE SOUTHWEST HOUSTON, SHARPSTOWN, GULFTON COMMUNITY IS HEAVILY IMMIGRANT AND BIPOC AND THIS COMMUNITY'S VOTING POWER IS DILUTED BECAUSE THE REGION IS SPLIT ACROSS THREE DISTRICTS FIVE, SIX AND SEVEN THAT ARE PREDOMINANTLY ANGLO IN THEIR VOTING POWER.

THE BOARD SHOULD KEEP THIS COMMUNITY WHOLE WITHIN A SINGLE DISTRICT BY EITHER USING PLAN B OR C AS ITS STARTING POINT WITH CHANGES AROUND THE EDGES, USING THE GOOD QUALITIES OF SEVERAL OF THE OTHER PLANS.

THANK YOU FOR RESCHEDULING THIS IMPORTANT VOTE TO A TIME WHEN THE PUBLIC CAN ATTEND AND HAVE THEIR VOICES HEARD.

I ALSO ASK AND THANK YOU FOR SPENDING MORE TIME ON THIS ONCE IN A DECADE VOTE.

THANK YOU. THANK YOU.

MADAM PRESIDENT, THOSE ARE ALL THE SPEAKERS THAT WE HAVE, VIRTUALLY.

THANK YOU, MS. TRINH, AND I WANT TO MAKE SURE MR. [INAUDIBLE] IS NOT ON THE ZOOM WAITING FOR US.

HE MIGHT HAVE BEEN WAITING FOR US TO TELL HIM TO COME ON, BUT SINCE THIS CONVERSATION IS POSTPONED, WE WILL HAVE THIS DISCUSSION IN JANUARY.

DO I HAVE A MOTION TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD ON NOVEMBER 17TH, 2022?

[APPROVAL OF MINUTES FROM NOVEMBER 17, 2022]

I HAVE A MOTION BY TRUSTEE SANTOS AND A SECOND BY TRUSTEE HERNANDEZ.

PLEASE VOTE. SEVEN FOR ZERO AGAINST ZERO ABSTENTIONS.

WE'LL NOW MOVE TO THE HEARING PORTION OF OUR MEETING.

[ADJOURN TO CLOSED SESSION UNDER SECTIONS 551.004, 551.071, 551.072, 551.073, 551.074, 551.076, 551.082, 551.0821, 551.083, 551.084, AND 551.089 OF THE TEXAS GOVERNMENT CODE FOR THE PURPOSES LISTED IN THIS NOTICE]

[00:25:07]

SHOULD BOARD FINAL ACTION, VOTE OR DECISION ON ANY MATTER CONSIDERED IN THE CLOSED SESSION BE REQUIRED, SUCH FINAL ACTION, VOTE OR DECISION SHALL BE TAKEN AT THE OPEN MEETING COVERED BY THIS NOTICE UPON THE RECONVENING OF THIS PUBLIC MEETING OR AT A SUBSEQUENT PUBLIC MEETING OF THE BOARD UPON NOTICE THEREOF.

PROCEEDINGS. I WOULD ALSO LIKE TO ASK THAT ALL THOSE PRESENT SILENCE YOUR CELL PHONES BEFORE WE PROCEED WITH THE MEETING, UNLESS ANYONE OBJECTS THE PROCEDURAL BACKGROUND OF THE

[RECONVENE IN OPEN SESSION (IMMEDIATELY FOLLOWING CLOSED SESSION)]

IS THERE ANY OBJECTION? NO OBJECTIONS. THE ISSUES BEFORE THE BOARD OF EDUCATION ARE WHETHER THE POLICIES AND PROCEDURES WERE CORRECTLY APPLIED TO THE GRIEVANCE AND WHETHER THE ADMINISTRATION HAS

[CONSIDERATION AND POSSIBLE ACTION ON MATTERS DISCUSSED IN CLOSED OR EXECUTIVE SESSION]

MS. DANIELS, SINCE YOU ASKED THAT THE BOARD HEAR THIS MATTER, YOUR REPRESENTATIVE WILL PROCEED.

FIRST, YOU WILL BE ALLOWED TO MAKE A TEN MINUTE PRESENTATION TO THE BOARD, FOLLOWED BY A TEN MINUTE PRESENTATION BY MR. GROVER. MS. DANIELS, AS THE GRIEVANT IN THIS HEARING, YOU MAY RESERVE PART OF YOUR 10 MINUTES FOR REBUTTAL TO MATTERS PRESENTED BY MR. GROVER. BOTH SIDES SHALL BE AVAILABLE FOR QUESTIONS FROM THE BOARD AFTER THEIR RESPECTIVE PRESENTATIONS.

AFTER DELIBERATION, THE BOARD WILL RENDER ITS DECISION.

ARE THERE ANY QUESTIONS REGARDING THE WAY THAT THIS DISPUTE RESOLUTION HEARING WILL BE CONDUCTED? NO, MA'AM. OKAY.

MR. MIRELES, HOW WOULD YOU LIKE TO DIVIDE YOUR TIME AND MAKING YOUR PRESENTATION TO THE BOARD BASED ON THE TRANSCRIPT? 7 MINUTES AND 3 MINUTES FOR REBUTTAL.

MR. MIRELES, YOU MAY BEGIN.

GOOD MORNING, MADAM. IS IT ON? I THINK SO. GOOD MORNING, MADAM PRESIDENT.

DR. HOUSE, BOARD MEMBERS.

TODAY WE COME TO YOU TO DISCUSS THE WRONGFUL TERMINATION OF MS. [INAUDIBLE] DANIELS, WHO'S BEEN WITH THE DISTRICT FOR QUITE A FEW YEARS.

YOU KNOW, I'VE ARGUED MANY CASES IN FRONT OF YOU GUYS BEFORE, AND I'VE ASKED YOU TO PLEASE WEIGH IN ONLY IN THE DOCUMENTATION THAT HAS BEEN PRESENTED TO YOU IN THE GRIEVANCES.

NOTHING EXTRA.

IF YOU COULD PLEASE GO TO EXHIBIT FIVE, WHICH I THINK IS A VERY IMPORTANT DOCUMENT.

VERY IMPORTANT EXHIBIT.

I'VE ARGUED IT AND I'VE ARGUED IT MANY TIMES, AND I HOPE YOU TAKE THIS IN CONSIDERATION THAT THIS IS A DETERMINATION OF PAYMENT FOR UNEMPLOYMENT BENEFITS.

IF YOU ARE FULLY AWARE, IT TEXAS WORKFORCE COMMISSION IS A GOVERNMENT AGENCY HERE IN THE STATE OF TEXAS AND DETERMINES WHETHER AN EMPLOYEE HAS BEEN WRONGFULLY TERMINATED OR NOT AND WHETHER THEY WILL BE ENTITLED TO BENEFITS OR NOT, AND IF YOU LOOK AT THIS, IT WAS DATED JULY 21ST, 2021, AND I'LL READ IT TO YOU.

DECISION ISSUE, SEPARATION FROM WORK DECISION, AND IT'S VERY IMPORTANT.

IT SAYS WE CAN PAY YOU BENEFITS IF YOU MEET ALL OTHER WEEKLY REQUIREMENTS, SUCH AS BEING ABLE, AVAILABLE AND ACTIVELY SEARCHING FOR WORK, AND THE REASON FOR THEIR DECISION, AND IT'S VERY IMPORTANT.

OUR INVESTIGATION FOUND YOUR EMPLOYER FIRED YOU BECAUSE OF ABSENCES FROM WORK THAT WERE DUE TO REASONS BEYOND YOUR CONTROL.

THIS IS NOT CONSIDERED MISCONDUCT CONNECTED WITH THE WORKPLACE.

SO WHAT I DON'T UNDERSTAND, AND I HOPE I REALLY HOPE YOU TAKE THIS DOCUMENT INTO CONSIDERATION, THAT IF AN EMPLOYMENT AGENCY FINDS THAT YOU WERE UNJUSTLY TERMINATED AND YOU'RE ENTITLED TO BENEFITS.

THAT YOU REALLY WEIGH INTO THIS DOCUMENTATION.

SO IF YOU GO INTO EXHIBIT SIX, EMPLOYEE, EXHIBIT SIX.

I ARGUED AGAIN WITH THE ADMINISTRATION.

I HIGHLIGHTED IT. IF YOU LOOK AT THE SECOND PARAGRAPH SPECIFICALLY, YOU SAY THAT THE EMPLOYEE SHOULD HAVE NOT BEEN TERMINATED FOR LEAVE APPROVED IN ADVANCE.

EVERY TIME SHE TOOK TIME OFF, IT WAS APPROVED BY HER IMMEDIATE SUPERVISOR.

SO HOW CAN YOU BE PENALIZED AND BE COUNTED AGAINST BEING DOCKED FOR PAY IF YOUR SUPERVISOR APPROVED YOUR TIME TO BEING OFF? IF YOU GO ON TO EXHIBIT E8, WHICH IS REALLY IMPORTANT DOCUMENT, THIS IS MS. DANIELS' HISTORY REPORT FROM 09/01/2020 THROUGH 06/27/2021.

ALL HER TIME THAT SHE SUBMITTED WAS APPROVED, AND AGAIN, DOCUMENTATION DOES NOT LIE.

WHERE DOES IT SAY THAT SHE WAS UNPAID OR SHE DID NOT REPORT TO WORK AND SHE WAS HELD ACCOUNTABLE.

[00:30:05]

A7 THE ADMINISTRATION EXHIBIT GO TO, EXCUSE ME, I'LL HAVE TO COME BACK TO THAT ONE.

GO TO EMPLOYEES EXHIBIT E8.

AGAIN, IT DOESN'T SHOW WHERE SHE WAS HELD OR REPRIMANDED FOR MISSING WORK.

EVERYTHING HERE WAS APPROVED.

SO HOW CAN THAT EMPLOYEE BE TERMINATED FOR TAKING TIME OFF WORK, BUT APPROVED BY HER TEAM, LEAD BY HER MANAGER AND ALWAYS REMEMBER, IT HAS TO BE APPROVED BY THE IMMEDIATE SUPERVISOR WHEN IT WAS APPROVED.

THAT'S THE ARGUMENT.

IF AN EMPLOYEE HAS TIME TO TAKE OFF AND HAS DAYS TO UTILIZE IN THEIR SCHOOL BANK, THEN THEY SHOULD BE ALLOWED TO USE IT AND NOT BE HELD, AND ESPECIALLY THE PROBLEM IS IF THEY'RE GETTING PAID FOR BEING OFF, HOW ARE YOU TERMINATING THAT EMPLOYEE FOR MISSING WORK BEING LATE OR NOT REPORTING TO WORK, BUT SHE'S BEING PAID FOR THE TIME THAT SHE'S OFF.

IT'S JUST HUMANLY IMPOSSIBLE FOR AN EMPLOYEE TO BE TERMINATED IF SHE'S USING HER SICK BANK, HER VACATION TIME, HER STATE TIME, OR HER PERSONAL LEAVE TO GET PAID AT THAT TIME. THE YOUNG LADY WAS A SINGLE MOM PREGNANT, DEALING WITH MORNING SICKNESS.

SHE REPORTED TO WORK AND WITHIN AN HOUR OR TWO WITHIN HER SHIFT, SHE SAYS, HEY, I'M NOT FEELING WELL.

I NEED TO GO HOME, AND THE SUPERVISOR SAYS, WELL, YOU NEED TO FIND A REPLACEMENT BECAUSE YOU SAID YOU WERE GOING TO WORK YOUR FULL 8 HOURS.

HOW CAN YOU HOLD AN EMPLOYEE ACCOUNTABLE FOR THAT IF SHE HAS THE TIME TO SAY, HEY, I'M NOT FEELING WELL, I NEED TO GO HOME AND YOU APPROVED IT? NOW, IF THE ADMINISTRATION SHOWED THAT SHE WASN'T PAID, I WOULDN'T BE SITTING HERE ARGUING THE CASE WITH YOU IN FRONT OF YOU, BECAUSE I WOULD HAVE SAID, HEY, YOU'VE MISSED 78 DAYS AND THEY HAVEN'T BEEN PAID, BUT MISS DANIELS' TIME WAS APPROVED.

THAT'S THE ARGUMENT THAT I'VE BEEN TRYING TO ARGUE WITH THE DEPARTMENT, AND NO DISRESPECT TO THE ADMINISTRATION, BUT DR.

HOUSE, I THINK YOU REALLY NEED TO LOOK AT THAT CUSTOMER CARE DEPARTMENT BECAUSE IT IS JUST TERRIBLE.

TRY CALLING OVER THERE.

YOU'RE GOING TO GET A MACHINE TO A MACHINE TO A MACHINE.

THE INDIVIDUALS THAT HELD MS. DANIELS ACCOUNTABLE.

THE TWO EMPLOYEES ARE NO LONGER WITH THE DISTRICT.

ONE OF THEM WAS TERMINATED AND THE OTHER ONE FORCEFULLY HAD TO RESIGN, AND SO HERE'S MISS DANIELS, WHO DID NOTHING WRONG IS NOW HER JOB IS ON THE LINE WITH YOU GUYS, WHETHER YOU APPROVE IT OR DON'T APPROVE IT, OR WHETHER YOU OVERRIDE THE DECISION OF THE ADMINISTRATION AND REINSTATE MISS DANIELS, I ASK YOU TO PLEASE WEIGH IN HEAVILY ONTO THE DOCUMENTATION THAT'S PRESENTED TO YOU, BECAUSE I'VE ALWAYS ARGUED DOCUMENTATION AND EVIDENCE DOESN'T LIE , AND IF YOU WEIGH IN ONLY ON DOCUMENTATION AND NOT WHERE THE DISTRICT IS GOING TO ARGUE THAT MISS DANIELS IS AN AT-WILL EMPLOYEE.

EVERYONE IS AN EMPLOYEE, BUT THEY HAVE RIGHTS UNDER THE STATE OF TEXAS.

THEY HAVE THE RIGHT TO APPEAL IT.

THEY HAVE THE RIGHT TO FILE A GRIEVANCE PER BOARD POLICY, AND THAT'S WHAT MS. DANIELS EXERCISED TO DO.

I THANK YOU FOR YOUR TIME AND I'LL WAIT FOR MY REBUTTAL.

MR. GROVER, YOU MAY MAKE YOUR PRESENTATION TO THE BOARD BASED ON THE TRANSCRIPT 10 MINUTES OR LESS.

THANK YOU. THEY ASK THAT I USE THIS HANDHELD.

I THINK I CAN BE FAIRLY BRIEF TODAY.

MISS DANIELS WAS EMPLOYED BY HISD FOR THREE YEARS AS A DISPATCHER IN THE CUSTOMER CARE AND OPERATIONS DEPARTMENT.

SHE WAS TERMINATED IN JUNE OF 2021 FOR UNSATISFACTORY WORK PERFORMANCE AND UNACCEPTABLE ATTENDANCE.

THAT CAN BE FOUND BOTH IN THE CONFERENCE SUMMARY AND THE RECOMMENDATION THAT WAS MADE BY HER SUPERVISOR THAT WAS THE REASON FOR HER TERMINATION.

MR. MIRELES, WHEN HE FILED THIS GRIEVANCE, ACTUALLY PUT DOWN THE WRONG STANDARD.

HE SAID THAT HER TERMINATION SHOULD BE REVERSED BECAUSE WE DIDN'T PROVE THAT SHE VIOLATED ANY POLICY, BUT THAT'S NOT THE STANDARD.

MISS DANIELS IS AN AT-WILL EMPLOYEE, AND THE STANDARD IS THAT SHE CAN BE FIRED FOR ANY REASON OR NO REASON, AS LONG AS

[00:35:08]

INSTEAD, SHE SIMPLY DISPUTES THE REASONS GIVEN FOR HER TERMINATION, AND THERE WERE GOOD REASONS FOR HER TERMINATION, AND IT'S IN THE RECORD.

IF YOU LOOK IN THE RECORD, YOU CAN SEE THAT IN JUNE OF 2021, MS. DANIELS WAS REPRIMANDED FOR NOT FOLLOWING PROCEDURES FOR SHIFT CHANGE.

AS DISPATCHERS, THEY'RE ALL ON SHIFTS WHEN SOMEONE DOESN'T REPORT FOR THEIR SHIFT.

IT CAUSES UNDERSTAFFING IN THE DEPARTMENT, AND IN ADDITION TO THAT, ON THREE PRIOR OCCASIONS BEFORE JUNE OF 2021, ON THREE PRIOR OCCASIONS, MS. DANIELS WAS WRITTEN UP FOR TARDINESS IN ABSENTEEISM, AND I'LL JUST POINT OUT RIGHT NOW, MR. MIRELES SAID THAT ALL OF HER LEAVE WAS APPROVED.

WELL, ONE OF THE DEALS IS THAT SHE WASN'T GETTING PRE-APPROVAL, WHICH WAS CAUSING PROBLEMS WITH THE SHIFT SCHEDULE, BUT WHAT HE SAID IS EVEN TRUE IF WE LOOK AT WHAT'S MARKED AS EXHIBIT 7, IF YOU LOOK I'M SORRY. LET ME GET THE RIGHT EXHIBIT.

WE LOOK AT WHAT'S MARKED AS HISD EXHIBIT SIX.

IF YOU LOOK AT WHAT BATES STAMPED AS HISD 12 AT THE BOTTOM RIGHT HAND BOTTOM OF THE PAGE UNDER EXHIBIT SIX, WE SEE THAT SHE HAD AT THAT TIME 50 HOURS OF UNPAID LEAVE.

SO THAT WAS 50 HOURS OF WORK IN WHICH SHE WAS UNPAID BECAUSE IT HAD NOT BEEN PRE-APPROVED.

SO THE NOTION THAT ALL OF HER LEAVE WAS APPROVED IS NOT BORNE OUT BY THE RECORDS.

SO SHE HAD THE WRITE UP FOR THE SHIFT CHANGE.

SHE HAD A WRITE UP PRIOR TO THAT ON THREE OCCASIONS FOR TARDINESS AND ABSENTEEISM.

SHE ALSO HAD A WRITE UP FOR FAILING TO FOLLOW PROCEDURES ON AN EMERGENCY INCIDENT WHEN SHE WAS WORKING AS A DISPATCHER, AND HER FAILURE TO FOLLOW THAT HAD CONSEQUENCES.

ONE WAS THAT THE STUDENTS AT THE CAMPUS WHERE THE EMERGENCY WAS WERE DELAYED IN RETURNING TO SCHOOL THE NEXT DAY, AND THERE WAS FOOD SPOLIATION IN THE WALK IN FREEZER OF THAT CAMPUS BECAUSE SHE DIDN'T FOLLOW THE RIGHT PROCEDURES AND SHE WAS WRITTEN UP FOR THAT.

SHE WAS ALSO WRITTEN UP FOR DRESS CODE VIOLATIONS.

SO THERE WERE LEGITIMATE REASONS FOR HER SUPERVISOR TO RECOMMEND HER TERMINATION.

I'LL ADDRESS MR. MIRELES' ARGUMENT ABOUT THE TEXAS WORKFORCE COMMISSION.

THEY DON'T MAKE FINDINGS THAT TERMINATIONS ARE UNJUST.

TWC IS ABOUT UNEMPLOYMENT BENEFITS AND IT'S AN ENTIRELY DIFFERENT STANDARD.

THEY HAVE TO FIND AN ACT OF MISCONDUCT.

THAT DOESN'T MEAN THAT A TERMINATION HAS BEEN WRONGFUL.

IT'S A COMPLETELY DIFFERENT STANDARD.

THE STANDARD FOR US TODAY AND AT THE TIME OF HER TERMINATION WAS THAT DID HER TERMINATION VIOLATE ANY BOARD POLICY? WAS IT MOTIVATED BY AN ILLEGAL REASON? SHE HAS NOT EVEN ALLEGED THAT IN THIS GRIEVANCE HEARING.

IN CONCLUSION, MS. DANIELS WAS AN AT WILL EMPLOYEE THAT COULD BE FIRED FOR ANY REASON OR NO REASON.

HER SUPERVISORS BELIEVE THAT SHE HAD UNSATISFACTORY WORK PERFORMANCE AND UNACCEPTABLE ATTENDANCE.

SHE'S ASKING THAT YOU GO BACK A YEAR AND A HALF AND DECIDE THAT HER SUPERVISOR'S OPINIONS OF HER WORK PERFORMANCE WAS INCORRECT, AND SUBSTITUTE YOUR OWN OPINION FOR THAT BASED ON THIS RECORD AND REINSTATE HER AND PAY HER BACKPAY.

I WOULD ARGUE THAT IS NOT SUPPORTED BY THE RECORD EVIDENCE AND THAT BASED ON THE LEVEL ONE AND LEVEL TWO DECISION IN THE RECORD

[00:40:05]

THANK YOU. MR. MIRELES, DO YOU WISH TO MAKE A REBUTTAL STATEMENT? YES, MA'AM. YOU HAVE 3 MINUTES REMAINING.

THANK YOU. SO LET'S GO TO ADMINISTRATION EXHIBIT A1.

WE ARGUED IN OUR GRIEVANCE, WE WILL INTRODUCE EVIDENCE THAT THE MEMBER HAS NOT VIOLATED ANY BOARD POLICY TO HAVE HER TERMINATED.

AS YOU ARE AWARE, WHEN THE ADMINISTRATION TERMINATES AN EMPLOYEE, THEY HAVE TO PUT WHAT POLICY THE BOARD MEMBER VIOLATED TO WARRANT HER TERMINATION.

THEY DIDN'T DO IT.

THEY'RE GOING OFF OF WHAT THEY'RE SAYING AND WHAT THE MANAGEMENT TEAM IS SAYING.

SECONDLY, IF YOU GO ON TO LOOK AT EXHIBIT A6, YOU LOOK AT THE SECOND PAGE WHERE I WAS TRYING TO FIND IT EARLIER AND I APOLOGIZE. ON MAY 3RD, 2021, MS. DANIELS AGREED ACCEPTED FULL RESPONSIBILITY TO WORK THE FOLLOWING SHIFTS.

SUNDAY, JUNE 20TH, FROM 1 TO 10:00.

SO SHE'S NOT TRYING TO SAY, I'M TRYING TO AVOID WORK.

I WANT TO WORK BECAUSE I'M A SINGLE MOM AND I NEED TO WORK.

ONE HOUR INTO HER SHIFT, MS. DANIELS CALLED STATING SHE WAS IN PAIN AND UNABLE TO STAY.

SO SHE WAS HELD ACCOUNTABLE BECAUSE SHE CAME TO WORK AND ALL OF A SUDDEN, SHE'S, YOU KNOW, AGAIN, SHE WAS PREGNANT, FEELING SICK.

SHE WAS TOLD THEREFORE, THIS LEFT ONLY ONE EMPLOYEE TO COVER THE 1 TO 10 SHIFT.

SO NOW THE MANAGEMENT IS TELLING HER, WELL, YOU NEED TO FIND A REPLACEMENT.

HOW IS THAT HER RESPONSIBILITY, IF SHE HAS MANAGERS AND TEAM LEADS THAT SHE HAS TO ADDRESS WHEN THERE'S ILLNESS GOING ON? SECONDLY, WHEN THE ADMINISTRATION ARGUED THAT THERE WAS 50 HOURS OF UNPAID, THAT'S BECAUSE SHE HAD PUT IN FOR COVID LEAVE.

AS YOU ARE AWARE, YOU HAVE TO WAIT FOR HISD TO APPROVE THAT.

THEY CAN'T JUST PAY YOU.

50 HOURS THAT SHE PUT IN BECAUSE SHE HAD COVID.

SHE WAS TRYING TO ARGUE AND SAID, HEY, I GOT COVID.

I CANNOT REPORT TO WORK.

I DON'T WANT TO GET MY COLLEAGUES ILL OR SICK.

SO SHE HAD TO STAY HOME, BUT WHERE HAS THE ADMINISTRATION SHOWED TO YOU THAT SHE WAS TREMENDOUSLY ABSENT, THAT SHE MISSED WORK AND THAT SHE DIDN'T HAVE TIME TO USE AS UNPAID LEAVE? THAT'S THE ARGUMENT.

HOW CAN YOU FIRE AND TERMINATE AN EMPLOYEE WHO HAD ABILITY AND TIME TO USE AT HER WILL TO SAY, HEY, YOU KNOW, I'M NOT FEELING WELL.

I'M GOING TO TAKE A SICK DAY, I'M GOING TO USE MY STATE DAYS, I'M GOING TO USE MY PERSONAL LEAVE DAYS.

IMAGINE YOU IN THAT PLACE AND YOU'RE BEING HELD ACCOUNTABLE BECAUSE YOU USED YOUR TIME THAT YOU HAD WITH YOUR EMPLOYER.

I THANK YOU, AND I ASK YOU AGAIN TO PLEASE WEIGH IN ONLY TO THE EVIDENCE THAT WAS PRESENTED TO YOU AND THAT THE ADMINISTRATION DID NOT ARGUE WHAT THEY ARGUED TODAY.

THANK YOU. ARE THERE ANY QUESTIONS FROM MY COLLEAGUES? THE PARTIES HAVE COMPLETED THEIR PRESENTATIONS AND IT IS NOW TIME FOR THE BOARD TO MAKE OUR DECISION ON THE ISSUE BEFORE US.

WE MUST APPLY ONLY THE FACTS PRESENTED IN THE TRANSCRIPT TO THE APPLICABLE POLICY OR LAW AND MAKE A DECISION IF THERE IS ANY DISPUTE BETWEEN MS. DANIELS AND THE ADMINISTRATION AS TO WHAT THE POLICIES AND OR PROCEDURES MEAN.

THEN IT IS THE BOARD'S RESPONSIBILITY TO DETERMINE THE MEANING OR APPLICATION OF THE POLICIES AND PROCEDURES.

THE RECORD OF THE LEVEL TWO HEARINGS MUST SUPPORT ANY ACTION WE TAKE.

THAT IS, IF THE RECORD SUPPORTS THE POSITION OF THE ADMINISTRATION OR THE POSITION OF MS. DANIELS, WE MAY FIND ACCORDINGLY.

IS THERE ANY DISCUSSION? MADAM PRESIDENT.

TRUSTEE BAKER. I HAVE A QUESTION FOR CLARITY.

SIR, DID YOU SAY 15 OR 50 HOURS OF COVID? 50. I'M SORRY.

I'M SORRY. 50. I'M SORRY.

IT WAS 50 HOURS OF COVID LEAVE THAT SHE WAS WAITING FOR HIM FOR THE ADMINISTRATION TO APPROVE IT.

COULD YOU CLARIFY THE PROCEDURE ON REQUESTING THAT? SO HISD JUST CHANGED THEIR POLICY BACK WHEN IT WAS THE SECOND YEAR ROUND WITH COVID.

EXCUSE ME IF THE COVID LEAVE POLICY ISN'T IN THE RECORD, WE CAN ONLY DELIBERATE ON WHAT'S IN THE RECORD.

SO IF THERE IS AN EXHIBIT THAT OUTLINES THE COVID LEAVE POLICY, CERTAINLY REPRESENTATIVES CAN CAN POINT THOSE OUT TO YOU AS A BOARD AND THEN WALK YOU THROUGH THAT

[00:45:04]

IF YOU LOOK AT IT ON THE EXHIBITS THAT WE PRESENT--CAN YOU SHOW US IN THE RECORD WHERE IT IS? IF YOU GO TO EMPLOYEE EXHIBIT, I BELIEVE IT'S EXHIBIT EIGHT , AND I HAVE ANOTHER QUESTION, PLEASE.

I WANT TO JUST CLARIFY WHAT YOU SAID WITH REGARDS TO EMPLOYEE EXHIBIT ONE.

COULD YOU CLARIFY WHAT YOU SAID ABOUT THE CALL ON JUNE 20TH? IS IT CUSTOMARY FOR THE EMPLOYEES WHO CALL TO FIND THEIR OWN REPLACEMENT? NO, SIR WHAT THEY ARE REPORTED TO DO IS WHEN THEY'RE GOING IF THEY REPORT TO WORK AND THEY FEEL ILL, THEY'VE GOT TO REPORT TO THEIR TEAM, LEAD AND IMMEDIATELY NOTIFY THEIR TEAM LEAD, HEY, I'M ILL FOR THE REST OF THE DAY.

I'M NOT GOING TO BE ABLE TO MAKE IT.

SO THEN THE TEAM LEAD'S RESPONSIBILITY IS TO CONTACT HER BOSS, WHICH WOULD BE THE NEXT PERSON IN CHARGE, AND IF THEY DON'T HAVE ANY COVERAGE, IT'S THAT INDIVIDUAL TO EITHER CALL HER BOSS AND TRY TO GET COVERAGE, AND IF NOT, THEN IT'S THE TEAM LEAD RESPONSIBILITY TO TAKE OVER THAT SHIFT AND WORK IT UNTIL THEY CAN FIND A PLACEMENT.

THANK YOU, AND I HAVE A QUESTION FOR THE ADMINISTRATION.

I JUST WANT TO CLARIFY WHAT YOU SAID WITH REGARDS TO THE TEXAS WORKFORCE.

THE TEXAS WORKFORCE HAS DIFFERENT STANDARDS.

THEY'RE NOT MAKING DETERMINATIONS AS TO WHETHER SOMEONE WAS UNJUSTLY TERMINATED.

THEY'RE MAKING DETERMINATIONS AS TO WHETHER AN EMPLOYEE IS ENTITLED TO UNEMPLOYMENT BENEFITS, AND SO THAT'S A DIFFERENT STANDARD THAN WHAT THE BOARD HAS TO DETERMINE TODAY. THE STANDARD FOR THE BOARD IS WHETHER THE DISTRICT VIOLATED SOME HISD BOARD POLICY OR WHETHER THE DISTRICT WAS ILLEGALLY DISCRIMINATING AGAINST MS. DANIELS WHEN SHE WAS TERMINATED, AND JUST TO GO BACK TO YOUR PRIOR QUESTION ABOUT THE COVID LEAVE AND LOOKING AT THE EXHIBIT THAT MR. MIRELES POINTED YOU TO EMPLOYEE E8, IF YOU LOOK AT THE ABSENCE TYPES THAT ARE ON THAT DOCUMENT, IT SHOWS WHAT THE WHAT THE LEAVES ARE FOR AND IT DOES SHOW COVID LEAVE.

THAT'S NOT PART OF THE 50 HOURS THAT I POINTED OUT THAT WHERE IT SAYS UNPAID, THAT'S UNPAID LEAVE AND THAT'S WHERE THE 50 HOURS COME FROM, AND JUST ANOTHER QUESTION OF CLARITY WITH REGARDS TO WORKFORCE.

IS IT ALSO A FACT THAT THEY REHEAR THE SAME FACTS REGARDING THE CASE? THEY GET A COMPLAINT OR AN APPLICATION FOR UNEMPLOYMENT BENEFITS, THEY SEND OUT NOTICE OF THAT TO THE EMPLOYER, AND THE EMPLOYER CAN PROVIDE INFORMATION PRIOR TO THE TWC HEARING OFFICER MAKING A DECISION.

OKAY. ALL RIGHT.

THANK YOU. MR. BAKER, CAN I FOLLOW UP ON THAT? ALSO TAKING CONSIDERATION THAT THE ADMINISTRATION APPEALED HER DECISION TO TO GET IT, AND THEY ARGUED AGAIN AND ALSO FAILED ON THE APPEAL PROCESS.

THANK YOU. TRUSTEE DEIGAARD.

THANK YOU. YOU KNOW, THESE ARE ALWAYS INTERESTING THINGS BECAUSE WE'RE NOT HERE TO EVALUATE THE MERITS OF HER EMPLOYMENT.

WE'RE HERE TO EVALUATE WHETHER OR NOT THE ADMINISTRATION ACTED OUTSIDE OF BOARD POLICY.

SO, MR. MIRELES, IF YOU COULD, PLEASE, THIS IS PRETTY MUCH MY STANDARD QUESTION FOR EVERY HEARING.

COULD YOU PLEASE SHARE WITH ME IN THE EXHIBIT WHERE YOU BELIEVE THE ADMINISTRATION DID NOT COMPLY WITH DISTRICT POLICY, WITH BOARD POLICY? DHGBA LOCAL POLICY STATES.

CAN YOU TELL ME WHICH EXHIBIT, PLEASE? OH, IT'S NOT IN THE EXHIBIT.

IT'S. WELL, THEN, IF IT'S NOT IN THE EXHIBIT, I CAN'T CONSIDER IT.

ALL RIGHT, SO IN OUR GRIEVANCE, WE PUT THAT [INAUDIBLE] SO IF IT'S NOT IN THIS DOCUMENT, I

[00:50:10]

IT'S IN THE FIRST PAGE, THEN THAT'S WHAT I ASK, BECAUSE YOU [INAUDIBLE] THE FIRST PAGE WE BASICALLY FILED, IT SAYS WE WILL INTRODUCE EVIDENCE THAT SHE HAS NOT VIOLATED ANY HISD BOARD POLICY.

IT'S THE BURDEN ON THE ADMINISTRATION TO SHOW WHICH POLICY THEY VIOLATED.

EXCUSE ME. MY QUESTION IS, WHERE IN THIS EXHIBIT CAN YOU DEMONSTRATE THAT THE ADMINISTRATION DID NOT COMPLY WITH BOARD POLICY? THAT'S MY QUESTION.

ALL RIGHT, THANK YOU. TRUSTEE ALLEN.

OKAY. ONE OF MY QUESTIONS IS, ALONG WITH TRUSTEE DIEGAARD'S QUESTION BECAUSE IT'S NOT OUR JOB TO DETERMINE WHETHER OR NOT WE FEEL EMOTIONALLY THAT SHE WAS RELEASED FOR ANY SPECIFIC REASON, AND IN THE LEVEL TWO HEARING, IT WAS DETERMINED THAT THE ADMINISTRATION DID NOT VIOLATE ANY HISD POLICY AND AS ALWAYS, WE DON'T LOOK TO SEE IF SOCIAL SECURITY WAS DONE ANYTHING RIGHT, BECAUSE RIGHT HERE, YOU GET 10 MINUTES TO TALK TO US, 10 MINUTES FOR THEM TO TALK TO US, 45 MINUTES, AND ALL OF THE LENGTH OF TIME THAT YOU HAVE AT THE OTHER HEARINGS.

SO THE ONLY THING WE CAN CONSIDER IS WHETHER OR NOT POLICY WAS VIOLATED, AND ACCORDING TO LEVEL TWO, THE POLICY WAS NOT VIOLATED.

SO I KNOW YOU STARTED TO SAY A POLICY, BUT YOU GOT CUT OFF.

SO CAN YOU TELL US WHICH POLICY DHGBA LOCAL.

WHICH SAYS WHAT? THAT IF AN EMPLOYEE VIOLATES ANY BOARD POLICY, IT'S UP TO REPRIMAND OR UP TO TERMINATION IN MY ARGUMENT WAS WHAT BOARD POLICY DID SHE VIOLATE? SO WE CAN ARGUE THAT AT THE LEVEL ONE AND AT THE LEVEL TWO.

OKAY, BUT IT'S NOT DETERMINED WHETHER OR NOT SHE VIOLATES POLICY, WHAT WE'RE DETERMINING IS WHETHER OR NOT THE ADMINISTRATION--NORMALLY IT'S THE BOARD.

I MEAN, EXCUSE ME IT'S THE MINISTRATIONS RESPONSIBILITY TO PUT ON WHAT POLICY SHE'S VIOLATED.

MORE GRIEVANCES COMING UP DOWN THE LINE THAT'S GOING TO COME EVENTUALLY TO YOU AND HAVE COME EVENTUALLY TO YOU AND IF YOU'VE NOTICED IN THE PAST IT HAS IN THEIR POLICY WHAT THEY VIOLATED, WHETHER IT'S DIA, WHETHER IT'S DBA, WHATEVER POLICY THE EMPLOYEE HAS VIOLATED, THE ADMINISTRATION HAS OUTLINED IT AND THAT'S WHAT IS MY ARGUMENT, IS THAT THE ADMINISTRATION DID NOT POSE WHAT POLICY MISS DANIELS VIOLATED.

THAT IS THE ARGUMENT THAT IF IT'S THE BURDEN ON THE ADMINISTRATION TO PROVE WHETHER SHE VIOLATED THE DIA, DGBA, DHA, WHATEVER POLICY SHE VIOLATED, IT'S THE RESPONSIBILITY OF THE ADMINISTRATION, WHICH IS AT THE LEVEL ONE AT THE CONFERENCE WITH THE RECORD AND AT THE LEVEL TWO.

OKAY, BUT MY THOUGHT ON THIS IS BECAUSE YOU CAN BE RELEASED.

SHE DOESN'T HAVE TO VIOLATE POLICY.

SHE CAN BE RELEASED FOR NO POLICY, WHATEVER REASON, SHE CAN BE RELEASED.

SO WHAT WE'RE TRYING TO FIND OUT IS IF THE ADMINISTRATION VIOLATED ANY POLICY, SHE DOESN'T HAVE TO VIOLATE POLICY.

YOU'RE SAYING SHE DID NOT [INAUDIBLE] VIOLATED POLICY BY NOT POSTED ON THE CONFERENCE OR THE RECORD AT THE LEVEL ONE OR AT THE LEVEL TWO, WHENEVER THE ADMINISTRATION POSTS IS WHAT THE EMPLOYEE VIOLATED THAT WARRANTS, WHETHER THE EMPLOYEE HAS THE RIGHT TO FILE A GRIEVANCE OR NOT FILE A GRIEVANCE.

OKAY, THANK YOU. TO ME, WHETHER I ACCEPT THE CASE OR I WON'T ACCEPT THAT BECAUSE IF I KNOW THEY VIOLATED, SAY, FOR THEFT, THERE'S NO SENSE EVEN COMING IN FRONT OF YOU TO ARGUE THAT BECAUSE YOU CANNOT WIN THAT NO MATTER WHAT.

SO THAT'S THE RESPONSIBILITY OF THE ADMINISTRATION.

EVERY TIME IN A CONFERENCE FOR THE RECORD ON LEVEL ONE AND A LEVEL TWO.

WHY DO YOU THINK THE OTHER YOUNG LADY WHO HAD THE CONFERENCE RECORD END UP FORCEFULLY FORCED TO RESIGN? AND WHAT DO YOU THINK THE OTHER TEAM LEAD WHO RECOMMENDED HER TERMINATION ALSO WAS TERMINATED FOR MISCONDUCT.

I'LL OBJECT THAT THOSE FACTS ARE OUTSIDE OF THE RECORD, BUT [INAUDIBLE].

THANK YOU, MR. MIRELES.

TRUSTEE BAKER.

IF I COULD JUST BRIEFLY RESPOND TO THOSE ISSUES THAT THE BOARD POLICY THAT IS IN PLAY HERE IS BOARD POLICY LOCAL, WHICH IS THE EMPLOYMENT PRACTICES FOR AT-WILL EMPLOYEES, AND IT'S--I'LL OBJECT TO THAT BECAUSE IT WASN'T ENTERED AT THE CONFERENCE OF THE RECORD LEVEL ONE OR THE LEVEL TWO. IT WAS NEVER PRESENTED AT THE LEVEL TWO.

SHOW US IN THE EXHIBIT. IT'S ADMINISTRATION EXHIBIT 12.

[00:55:06]

I WOULD ALSO POINT OUT THAT IN ADMINISTRATION A 3, IT WAS THE LETTER THAT MS. DANIELS RECEIVED FROM HR ABOUT HER TERMINATION, AND IN THAT LETTER IT SPECIFICALLY CITES DH LOCAL IS PART OF THE BASIS FOR HER TERMINATION, WHICH IS RECOGNIZING THAT EMPLOYMENT IS NOT GUARANTEED BUT IS DEPENDENT ON PERFORMANCE, AMONG OTHER THINGS , AND THAT WAS WHAT WAS CITED IN THE RECOMMENDATION AND CONFERENCE SUMMARY WAS THAT HER SUPERVISORS HAD FOUND THAT HER WORK PERFORMANCE WAS UNSATISFACTORY.

THANK YOU. TRUSTEE BAKER.

HE CLARIFIED MY QUESTION.

DO I HAVE A MOTION? SO MOVED, TRUSTEE WADE.

I MOVE THAT WE DENY OUR REQUEST RELIEF REMEDIES NOT PREVIOUSLY GRANTED BY THE LEVEL TWO HEARING OFFICER AND HOLD THIS DECISION OF THE LEVEL TWO HEARING OFFICER. SECOND, HERNANDEZ.

THE MOTION BY TRUSTEE WADE AND A SECOND BY TRUSTEE HERNANDEZ, PLEASE VOTE.

FIVE FOR ONE AGAINST, ZERO ABSTENTIONS.

THE BOARD HAS VOTED.

OH, I ALREADY WROTE THAT. OKAY.

A LETTER NOTIFYING BOTH PARTIES OF THE ACTION OF THE BOARD SHALL BE PREPARED AND SIGNED BY THE DIRECTOR OF BOARD SERVICES AS SOON AS IT IS PRACTICAL.

THIS HEARING IS CONCLUDED AT 10:01 A.M..

TRUSTEES, WE JUST NEED TO GO INTO CLOSED SESSION BRIEFLY FOR A COUPLE OF THINGS WE DIDN'T FINISH LAST WEEK.

[CLOSED SESSION AUTHORIZATION DURING MEETING]

SHOULD BOARD FINAL ACTION, VOTE OR DECISION ON ANY MATTER CONSIDERED IN THE CLOSED SESSION BE REQUIRED, SUCH FINAL ACTION VOTER DECISION SHALL BE TAKEN AT THE OPEN MEETING COVERED BY THIS NOTICE UPON THE RECONVENING OF THIS PUBLIC MEETING OR AT A SUBSEQUENT PUBLIC MEETING OF THE BOARD UPON NOTICE THEREOF.

THE BOARD IS ADJOURNED TO CLOSE SESSION AT 10:01 A.M..

10:55 A.M.

WITH NO FURTHER BUSINESS TO DISCUSS, THIS MEETING OF THE BOARD IS ADJOURNED.

THE TIME IS 10:55 A.M.

ON DECEMBER 15, 2022.

BUENOS DIAS.

* This transcript was compiled from uncorrected Closed Captioning.