[00:00:03]
OKAY. WE ARE GOING TO GET STARTED THIS AFTERNOON.[Hearings on September 12, 2024.]
HELLO, EVERYBODY.IT IS 3:01 P.M., AND WE ARE CONVENING THIS MEETING.
IF EVERYONE WILL PLEASE SILENCE YOUR CELL PHONES, THAT WOULD BE APPRECIATED.
THANK YOU. A QUORUM OF THE BOARD MEMBERS IS PRESENT IN THE BOARD AUDITORIUM.
THEY ARE FROM MY RIGHT ON THE PLATFORM.
OUR FIRST ORDER OF BUSINESS IS TO HEAR FROM SPEAKERS TO AGENDA ITEMS THIS EVENING.
PUBLIC COMMENT DURING SCHOOL BOARD MEETINGS WILL ONLY BE AVAILABLE TO THOSE PERSONS WHO HAVE SIGNED UP TO SPEAK PRIOR TO THE MEETING TIME PER CURRENT PROTOCOL, VERBAL AND OTHER DISRUPTIONS BY PERSONS DURING SCHOOL BOARD MEETINGS ARE NOT ACCEPTABLE, AS THEY INHIBIT THE BOARD'S ABILITY TO CONDUCT BUSINESS AND THE PUBLIC'S ABILITY TO OBSERVE THOSE PROCESSES. PERSONS WHO PARTICIPATE IN SUCH BEHAVIOR WILL BE GIVEN ONE MORNING, AND IF THE BEHAVIOR IS REPEATED, THEY WILL BE ASKED TO LEAVE THE MEETING, AND THIS AFTERNOON WE HAVE THREE REGISTERED SPEAKERS WHO WILL BE LIMITED TO TWO MINUTES EACH PER BOARD POLICY.
I ASK THAT YOU PLEASE RESPECT OUR PROCEDURES AND THE OTHER SPEAKERS AND END YOUR COMMENTS PROMPTLY.
WE'LL BEGIN WITH JENNIFER PERRY.
SHE HERE? OH, THERE'S MISS PERRY NOW, AND THEN OUR NEXT SPEAKER IS SERENA HOULIHAN.
HI. THANK YOU. THANK YOU FOR ALLOWING ME TO SPEAK.
I WENT TO TWO OPEN HOUSES THIS WEEK, BOTH OF WHICH WERE VERY SIMILAR IN WHAT THEY WERE STRESSING.
ONE WAS A MIDDLE SCHOOL AND ONE WAS A HIGH SCHOOL.
I SAW MUCH MORE TO BE CONCERNED WITH AT THE MIDDLE SCHOOL.
THEY ARE BOTH NON NES SCHOOLS.
ONE HAS AN 89 RATING, SO THEY HAVE AUTONOMY OF LEVEL TWO, OF WHICH I SEE NO.
OF AUTONOMY HAPPENING THERE BECAUSE THE TEACHERS AND THE DISTRICT, I MEAN THE TEACHERS AND THE ADMINISTRATIVE PERSONNEL THERE ARE SO FEARFUL OF NOT IMPLEMENTING THE NES RELATED REQUIREMENTS.
THEY DON'T KNOW HOW TO DO IT OTHERWISE.
BOTH MY KIDS HAVE A 504 THAT ALLOWS THEM EXTRA TIME AND A HALF, BUT WHEN THEY HAVE QUIZZES EVERY SINGLE DAY, THEY'RE NOT GETTING EXTRA TIME AND A HALF BECAUSE THEY CAN'T AND THERE'S A LOT OF KIDS IN THE CLASSROOM THAT HAVE ACCOMMODATIONS THAT THEY'RE NOT SUPPOSED TO HAVE ANYTHING TIMED EITHER FOR ANXIETY, DYSLEXIA, DYSGRAPHIA.
I ASKED ABOUT HOW THE ACCOMMODATIONS WERE HAPPENING IN THOSE SITUATIONS, AND THE TEACHERS DIDN'T KNOW HOW TO ACCOMMODATE THAT, BECAUSE THE DOS HAVE TO BE TIMED AND THEY HAVE TO BE GIVEN, AND THEY'RE USING AS TEST GRADES.
SOME ARE 60% OF THEIR GRADE FOR THEIR FOR THAT FOR THAT CLASS, NOT CURRICULUM MADE BY THE TEACHER AND NOT THEIR INDIVIDUAL PROGRESS STRICTLY THE DOLS OF FIVE QUESTIONS.
IT'S TO THE POINT WHERE MY DAUGHTER SAID THAT SHE HAD TO MEMORIZE THE PASSAGES IN ORDER TO KNOW WHAT TO HOW TO ANSWER THE QUESTIONS, AND BY THE TIME SHE DID QUESTION, IT WAS TIME FOR THE NEXT QUESTION, AND SHE COULDN'T CONTINUE ON.
THIS IS A VERY IMPORTANT PART OF THIS MATRIX, AND A LOT OF DIFFERENT A LOT OF DIFFERENT MATRIXES WILL ADDRESS SOMETHING LIKE THIS, AND YOU NEED TO KNOW WHAT'S HAPPENING IN THE CLASSROOM BECAUSE IT AFFECTS THE SPECIAL ED MATRIX.
OUR NEXT SPEAKER IS SERENA HOULIHAN.
I THINK WE HAVE ONE SPEAKER WHO'S SIGNED UP TO ADDRESS US BY ZOOM.
IS SHE ON ZOOM? MISS BENZON? YES, MA'AM. WE CAN SEE YOU.
IF YOUR MICROPHONE IS ON, YOU CAN GO AHEAD.
HOLD ON A SECOND. WE CAN'T HEAR YOU.
WAIT ONE SECOND. IS YOUR MICROPHONE ON? OH, MA'AM, YOUR MICROPHONE IS NOT ON.
CAN YOU TEXT HER OR SOMETHING?
[00:05:08]
MISS BENZON, CAN YOU HEAR ME? WE CANNOT HEAR YOU.CAN WE? I DON'T KNOW IF IT HELPS TO CUT THE FEED AND THEN GO BACK TO HER.
OH, SHE DIDN'T SIGN IN TO THE AUDIO PART.
MAYBE. OKAY, WELL LET'S LET HER GO, AND LET ME SEE IF MISS HOULIHAN HAS ARRIVED.
DO YOU HAVE HER NUMBER OR SOMETHING? YEAH, MAYBE BECAUSE THIS IS NOT HELPFUL.
YEAH, WE MAY COME BACK BETWEEN THE BETWEEN THE HEARINGS.
ALL RIGHT, LET'S CAN WE STOP THE FEED SO WE CAN MOVE FORWARD WITH THE HEARING? ALL RIGHT. WE WILL COME BACK TO MISS BENZON WHEN WE GET HER AUDIO FUNCTIONING.
THE NEXT ITEM ON OUR AGENDA FOR THIS AFTERNOON IS THE PROCEDURE TO CONSIDER THE DISPUTE RESOLUTION OF JAMES MATHEW WHO IS A SENIOR MANAGER IN THE PAYROLL DEPARTMENT.
UNDER THE TERMS OF THE TEXAS GOVERNMENT CODE, SECTION 551.071.
HECTOR MIRELES, SIR, IS OF TEXAS SUPPORT PERSONNEL EMPLOYEES LOCAL NUMBER ONE REPRESENTS MR. MATHEW AND BOTH ARE PRESENT AND PAUL LAMP WITH SPAULDING NICHOLS LAMP LANGLOIS, REPRESENTING THE ADMINISTRATION IS PRESENT.
CATOSHA WOODS HISD GENERAL COUNSEL IS ALSO PRESENT.
MR. MIRELES, WOULD YOU LIKE TO CONTINUE IN OPEN OR CLOSED SESSION, SIR? OPEN. OPEN.
THE ISSUES BEFORE THE SCHOOL BOARD ARE WHETHER BOARD POLICIES AND ADMINISTRATIVE PROCEDURES WERE CORRECTLY APPLIED TO THE GRIEVANT, AND WHETHER THE ADMINISTRATION HAS VIOLATED THOSE POLICIES AND PROCEDURES.
MR. MATHEW, SINCE YOU ASKED THE BOARD TO HEAR THIS MATTER, YOUR REPRESENTATIVE WILL PROCEED FIRST.
MR. MIRELES, YOU WILL BE ALLOWED TO MAKE A TEN MINUTE PRESENTATION TO THE BOARD, FOLLOWED BY A TEN MINUTE PRESENTATION BY MR. LAMP. SIR, YOU CAN RESERVE ANY PART OF YOUR TEN MINUTES FOR REBUTTAL TO MATTERS THAT ARE PRESENTED BY MR. LAMP. BOTH SIDES SHALL BE AVAILABLE FOR QUESTIONS FROM THE BOARD AFTER THEIR RESPECTIVE PRESENTATIONS, AND AFTER DELIBERATION, THE BOARD WILL RENDER ITS DECISION.
ARE THERE ANY QUESTIONS REGARDING THE WAY THIS DISPUTE RESOLUTION HEARING WILL BE CONDUCTED? THERE'S NONE.
SIR, WOULD YOU LIKE TO DIVIDE YOUR TIME IN MAKING YOUR PRESENTATION? YES, MA'AM. SEVEN AND THREE.
YES, SIR. OKAY, AND YOU CAN BEGIN WHENEVER YOU'RE READY.
GOOD AFTERNOON, MADAM PRESIDENT.
BOARD MEMBERS, WE COME HERE TO YOU TODAY TO ARGUE HOW AN EMPLOYEE CAN LOSE ALL HIS MONEY WHILE HE'S RETIRED AND THEN ALL OF A SUDDEN ON THE RECORD SAYING THAT HE'S TERMINATED.
SO LET ME GO OVER WITH ALL THIS PAPERWORK, AND I HOPE YOU CAN FOLLOW ME AS WE GO.
IF YOU CAN CLOSELY LOOK AT EXHIBIT 12, THIS IS THE ADMINISTRATION'S OWN EXHIBIT.
IF YOU CAN TELL ME WHEN YOU HAVE IT IN FRONT OF YOU, I'D LIKE TO GO OVER THAT.
ALL RIGHT. IF YOU LOOK AT IT VERY CLOSELY, IT SAYS SENIOR MANAGER AT PAYROLL RETIREMENT.
HE RETIRED BEFORE ANY DISCIPLINARY ACTIONS WERE TAKEN AGAINST HIM.
MR. MATHEW SUBMITTED PAPERWORK FOR RETIREMENT IN EARLY JULY EARLY AUGUST.
ON OCTOBER 27TH, 2023, A FULL RETIREMENT WAS PAID OUT TO HIS BANK ACCOUNT
[00:10:11]
OF A TOTAL OF $34,493.80.SIX WEEKS LATER, THE ADMINISTRATION HISD TOOK THAT OUT OF HIS BANK ACCOUNT AND SAID, OH, WAIT A MINUTE, WE'RE NOT GOING TO ALLOW YOU TO BE RETIRED.
WE'RE GOING TO TERMINATE YOU, AND WE'RE LIKE, WAIT A MINUTE.
IT'S THE ADMINISTRATION'S OWN EXHIBIT, WHICH IS EXHIBIT 12, AND IT SHOWS THAT HE WAS RETIRED.
SO HOW CAN THEY COME BACK AND SAY, OH WAIT, WE'RE GOING TO PULL THAT AND NOW SAY, OH, WE'RE GOING TO TERMINATE YOU SIX WEEKS LATER AFTER HE'S DONE RECEIVED HIS COMPENSATION, EVERYTHING THAT HE'S ENTITLED TO OUT OF THE 26 YEARS THAT HE GAVE HISD.
HE ACCRUED OVERDRAFT BANK ACCOUNTS, BANK CHARGES.
ALL THIS BECAUSE HE FILED A GRIEVANCE BACK ON MAY OF 2023 BECAUSE OF THE DISCRIMINATION THAT WAS BEING TAKEN AGAINST HIM.
SO THE ADMINISTRATION RETALIATED AGAINST HIM AND THEY'RE ACCUSING HIM OF THE FAILURE OF THE PAYROLL DEDUCTION E XCUSE ME THE PAYROLL FAILURE FOR ALL OF THE HISD EMPLOYEES, BUT AGAIN, HOW CAN YOU BLAME MR. MATHEW IF HE WAS ON VACATION WHEN THIS OCCURRED.
IT'S LIKE A MOVIE OUT OF FRIDAY.
HOW CAN YOU GET FIRED ON YOUR DAY OFF? HOW CAN YOU GET FIRED? OR HOW CAN SOMETHING OCCUR AND YOU BE BLAMED WHILE YOU'RE ON VACATION? YOU COME BACK, YOU SUBMIT YOUR PAPERWORK FOR RETIREMENT, THEY ACCEPT IT, AND THEN, BY GOLLY, SIX WEEKS LATER, THEY SAY, OH NO, WE'RE GOING TO GO AHEAD AND TERMINATE YOU.
AFTER HE WAS ALREADY SUBMITTED HIS TRS, EVERYTHING WAS APPROVED.
THEY PAID HIM OUT, AND THEN THEY COME BACK AND SAID, OH, WE'RE GOING TO YANK THAT FROM YOU WITHOUT ANY KNOWLEDGE, NO LETTER SENT TO HIM, NO PHONE CALLS AND WHEN IT DID OCCUR, HE IMMEDIATELY CONTACTED EVERYONE THAT HE COULD.
NO ONE WOULD RETURN HIS PHONE CALL.
CURRENTLY, SINCE MR. MATHEW LEFT, HE WAS THE ONLY MAN RESPONSIBLE WITH THREE OTHER EMPLOYEES.
THEY HAVE NOW FIVE INDIVIDUALS DOING THE JOB OF WHAT MR. MATHEW DID, AND I CAN HONESTLY TELL YOU RIGHT NOW, EVERY PAY PERIOD SINCE HE'S LEFT, THE EMPLOYEES HAVE SUFFERED AND ENDURED PAIN BECAUSE THEIR CHECK HAS NOT BEEN CORRECT. AS OF TODAY, AS I'M SITTING HERE ARGUING, I'VE GOT 12 PEOPLE THAT I'M TRYING TO GET CORRECT ON THEIR PAYROLL.
THAT PAYROLL DEPARTMENT IS SO INCOMPETENT OR SO LAZY THAT EVERYONE IN THAT DEPARTMENT EXCEPT MR. OH, GOD. GOD, I FORGOT HIS NAME.
MR. MATHEW SHOULD NOT BE HELD ACCOUNTABLE FOR WHAT TOOK PLACE.
IT SHOULD BE THE PAYROLL DEPARTMENT THAT SHOULD BE HELD ACCOUNTABLE, NOT MR. MATHEW. ON VACATION, SUBMIT HIS RETIREMENT.
IT'S PAID OUT, AND THEN SIX WEEKS LATER, THEY YANK IT OUT OF HIS BANK ACCOUNT.
THE MOST IMPORTANT EXHIBIT, AND THIS IS THE ADMINISTRATION'S EXHIBIT, IS 12.
THEY SUBMITTED IT THAT HE IS RETIRED.
A HEARING SHOULD HAVE NEVER TAKEN PLACE.
MR. LAMP ARGUED WHEN WE WERE IN THE HEARING, WHAT ARE WE DOING HERE? IT SHOWS THAT MR. MATHEW IS RETIRED.
I SAID I ABSOLUTELY AGREE WITH YOU.
MR. LAMP. THANK YOU, MADAM BOARD PRESIDENT.
THIS MATTER AT ITS CORE INVOLVES THE TERMINATION OF THE AT WILL EMPLOYMENT OF MR. JAMES MATHEW, WHO WAS EMPLOYED AS THE DISTRICT'S SENIOR PAYROLL MANAGER.
HE REPORTED TO YOUR CFO, DOCTOR JAMES TERRY.
[00:15:04]
HE WAS TERMINATED IN JULY OF 2023 FOR TWO SIGNIFICANT PAYROLL ERRORS THAT HAPPENED UNDER HIS WATCH. WHAT WHAT YOU'RE NOT HEARING TODAY AND WHAT'S NOT IN HIS GRIEVANCE.HE'S NOT ASKING THAT THIS BOARD REINSTATE HIM TO HIS POSITION.
HE'S NOT ASKING AND SAYING THAT HE WAS TERMINATED IMPROPERLY, AND YOU SHOULD PUT HIM BACK TO WORK.
WHAT HE'S ASKING YOU TO DO IS REWRITE HISTORY AND CHANGE HIS PERSONNEL FILE SO THAT IT DOESN'T SAY HE WAS INVOLUNTARILY TERMINATED, BUT THAT INSTEAD.
BEFORE THAT, HE RESIGNED AND WAS IN GOOD STANDING WITH THE DISTRICT.
THAT'S ABSOLUTELY NOT THE CASE, AND IT WOULD BE INAPPROPRIATE FOR THIS BOARD TO REWRITE HISTORY AND CHANGE HIS PERSONNEL, RECORDS AND PERSONNEL FILE TO REFLECT SOMETHING THAT IS FACTUALLY AND FUNDAMENTALLY FALSE.
THE ISSUE HERE, AND AS YOU KNOW, THE BOARD'S INQUIRY AT THIS LEVEL IS DID THE ADMINISTRATION VIOLATE SOME POLICY, AND IF SO, DID THE VIOLATION OF THAT POLICY MATERIALLY AFFECT THIS EMPLOYEES RIGHTS SUCH THAT THIS BOARD SHOULD PROVIDE SOME REMEDY? THERE'S NO ARGUMENT BEFORE YOU TODAY THAT HISD'S ADMINISTRATION VIOLATED ANY POLICY FOR THE IN THE FIRST PLACE.
CERTAINLY NOT ONE THAT AFFECTED HIS RIGHTS, BUT LET ME DRILL DOWN INTO THE FACTS A LITTLE BIT SO THAT YOU UNDERSTAND HOW THIS WENT DOWN IN THE SUMMER OF 2023, AND IF YOU'LL LOOK AT ADMINISTRATION, WELL, LET'S GO FIRST TO ADMINISTRATION EXHIBIT SEVEN, AND THAT IS MR. MATHEW'S JOB DESCRIPTION AS SENIOR MANAGER PAYROLL.
THERE ARE THREE IMPORTANT JOB REQUIREMENTS LISTED ON PAGE ONE IN PARAGRAPHS ONE, TWO AND FIVE.
PARAGRAPH ONE SAYS THAT HE HIS RESPONSIBILITY WAS TO ENSURE THAT THE PROPER PAYMENT OF WAGES AND SALARIES WERE MADE BY SUPERVISING THE PREPARATION OF THE DISTRICT'S BIWEEKLY AND OFF CYCLE PAYROLL PROCESSES.
THAT WAS HIS DIRECT RESPONSIBILITY.
NUMBER TWO, THAT HE WAS RESPONSIBLE FOR MONITORING AND REVIEWING THE PAYROLL SOFTWARE SYSTEM TO ASSURE THAT EMPLOYEES WERE PAID CORRECTLY AND IN ACCORDANCE WITH POLICY, AND NUMBER FIVE, THAT HE DEVELOPED, IMPLEMENTED AND MAINTAINED INTERNAL CONTROLS THAT ENSURED THE INTEGRITY OF THE PAYROLL PROCESS IN A DISTRICT AS LARGE AS THIS.
IN JULY OF 2023, AND YOU'LL SEE THIS IN THE ADMINISTRATION.
THERE WAS A PAYROLL ERROR UNDER HIS WATCH WHERE 1100 EMPLOYEES WERE NOT PAID CORRECTLY.
THEY WERE NOT PAID ON THE DAY THEY WERE SUPPOSED TO BE PAID.
SO THAT ERROR, HIS SUPERVISOR, THE COMPTROLLER, MET WITH HIM AND SHE SPOKE TO HIM ABOUT THAT, AND THAT'S ALSO A MEMO IN YOUR PACKET.
THAT'S ADMINISTRATION EXHIBIT FIVE, AND THE COMPTROLLER SPOKE WITH HIM ABOUT THAT.
SHE HAD PREVIOUSLY REMINDED HIM THAT IT WAS HIS RESPONSIBILITY TO PROACTIVELY CHECK THE PAYROLL SYSTEM, TO RUN TESTS TO ENSURE THE SOFTWARE WAS UPDATED, TO RUN ALL OF THOSE TRAPS TO ENSURE ERRORS LIKE THIS DIDN'T HAPPEN IN THE FIRST PLACE.
THE FACT THAT HE WAS ON VACATION WHEN THIS HAPPENED IS REALLY OF NO MOMENT.
THE FACT THAT YOU WEREN'T PHYSICALLY PRESENT AT WORK THAT DAY IS COMPLETELY IRRELEVANT TO HIS RESPONSIBILITY THAT THE PAYROLL, WHICH, BY THE WAY, IS SUBMITTED SEVERAL DAYS BEFORE THAT IS DONE CORRECTLY.
SO SHE MEETS WITH HIM AFTER THAT ON JULY 10TH AND JUST THE NEXT WEEK LATER, JULY 17TH, 2023, THE NEXT PAYROLL CYCLE, 1400 EMPLOYEES WERE SCHEDULED TO BE SHORTED ON THEIR PAYROLL, AND WHILE MR. MIRELES AND HIS CLIENT HAVE TAKEN THE POSITION BEFORE THAT, THAT ONLY AFFECTED RANK AND FILE EMPLOYEES OR FIRST LINE EMPLOYEES THAT AFFECTED EMPLOYEES ACROSS THIS DISTRICT, INCLUDING YOUR GENERAL COUNSEL AND OTHER PEOPLE IN THIS BUILDING RIGHT HERE.
SO THE FIX TO THAT, THE EMERGENCY FIX TO, WAS TO RUN AN ENTIRE SECOND PAYROLL SO THAT THOSE EMPLOYEES COULD GET PAID APPROPRIATELY.
[00:20:03]
EXHIBIT FOUR IN THE ADMINISTRATION'S NOTEBOOK IS AN ARTICLE FROM FOX 26 NEWS.FROM THAT VERY DAY, JULY 17TH, THE SECOND PAYROLL ERROR DAY.
WHAT'S NOTABLE ABOUT THIS FOX 26 REPORT IS THAT MR. MIRELES HIMSELF WAS QUOTED IN THIS REPORT AS TAKING ISSUE WITH THE DISTRICT'S PAYROLL SYSTEM, THAT SOMETHING HAD GONE WRONG AND MANY OF THE MEMBERS IN HIS OWN UNION WERE NOT PAID APPROPRIATELY.
IF YOU HAVE EMPLOYEES THAT HAVE BEEN WITH THE DISTRICT ALL THOSE YEARS, JUST LIKE ONE OF HIS CLIENTS, AND IT'S NEVER HAPPENED BEFORE, ALL OF A SUDDEN, TEA TAKES OVER AND WE'RE HAVING PROBLEMS WITH PEOPLE'S PAY.
HE SAID HE THOUGHT THERE WERE EASILY 6000 TO 10,000 EMPLOYEES WHO WERE NOT APPROPRIATELY PAID.
THAT'S THE REPRESENTATIVE YOU JUST HEARD FROM.
WHO'S SAYING THAT YOU NEED TO PAY HIS CLIENT A BUNCH OF MONEY? LET'S GET TO THAT ISSUE.
ON JULY 18TH, DOCTOR JAMES TERRY, YOUR CFO, CALLED MR. MATHEW INTO A MEETING AND INFORMED HIM OF HIS TERMINATION BECAUSE OF THESE PAYROLL ERRORS.
SO THAT'S JULY THE 18TH DURING THE LEVEL TWO HEARING, MR. MATHEW ACKNOWLEDGED AND ADMITTED HE WAS TERMINATED BEFORE HE EVER THOUGHT ABOUT RETIRING.
HE SAID, QUOTE, I HAD NOT RETIRED.
THIS IS PAGE 53 OF THE TRANSCRIPT.
THE PAPERWORK WAS STILL BEING PROCESSED THROUGH TRS FOR MY RETIREMENT, BUT I WAS FORCED TO RETIRE.
I WAS NOT PLANNING FOR RETIREMENT BECAUSE I WAS TERMINATED.
SO WHAT YOU JUST HEARD A FEW MINUTES AGO WAS THE OPPOSITE.
MR. MIRELES, FALSELY REPRESENTING TO YOU THAT HIS CLIENT HAD ALREADY FILLED OUT PAPERWORK SAYING, I'M RETIRING, SO HE'S ENTITLED TO A BUNCH OF MONEY, AND THEN HE WAS FIRED.
AN ABSOLUTE FALSE STATEMENT OF FACT.
THE SCREENSHOT THAT HE REFERENCED.
THIS EXHIBIT IS MERELY A SCREENSHOT FROM THE DISTRICT'S PAYROLL SYSTEM, AND WHAT IT SHOWS IS THAT AFTER HE WAS TERMINATED, HE THEN SUBMITTED HIS PAPERWORK, AND HIS OFFICIAL STATUS FROM A TRS STANDPOINT IS RETIRED, BUT AS THE HEARING OFFICER FOUND IN HER VERY WELL WRITTEN LEVEL TWO DECISION, HE WAS INVOLUNTARILY TERMINATED.
SO WHEN YOU'RE INVOLUNTARILY TERMINATED, IF YOU GO TO AN ADMINISTRATION EXHIBIT 11 BOARD POLICY DEC LOCAL, THE VERY LAST PAGE SAYS UNLESS OTHERWISE APPROVED BY THE BOARD, AN EMPLOYEE IS NOT ELIGIBLE FOR BUYBACK OF UNUSED STATE SICK LEAVE, STATE PERSONAL LEAVE AND LOCAL LEAVE IF ONE THEY ARE TERMINATED FROM EMPLOYMENT WITH THE DISTRICT, OR TO RESIGN OR RETIRE IN LIEU OF TERMINATION OR NON-RENEWAL.
MR. MATHEW WAS TERMINATED ON JULY 18TH.
THERE IS NO QUESTION IN THIS RECORD BEFORE YOU THAT'S A FACT.
HE UNEQUIVOCALLY ACKNOWLEDGED AND ADMITTED DURING THE LEVEL TWO HEARING THAT HE HAD NOT DECIDED TO RETIRE AT THAT POINT, BUT ONCE HE WAS FIRED, THEN HE FELT, QUOTE, FORCED TO RETIRE.
THAT DOESN'T MEAN THAT THE DISTRICT THEN GIVES THEM SOME BIG LUMP SUM PAYMENT.
HE'S ENTITLED TO WHATEVER HE'S ENTITLED TO UNDER BOARD POLICY FOR AN EMPLOYEE WHO WAS INVOLUNTARILY TERMINATED, AND WHAT HE'S ASKING FOR YOU TO DO HERE IS REVERSE THE FACTS.
FIND THAT HE WASN'T TERMINATED, THAT INSTEAD HE RESIGNED FIRST AND RETIRED, WHICH MAKES NO SENSE.
OTHERWISE, HE WOULDN'T HAVE EVEN FILED THIS GRIEVANCE IN THE FIRST PLACE AND INSTEAD REWORKED THE HISTORY OF HIS SITUATION SO THAT HE'S SOMEHOW DESIGNATED AS A VOLUNTARY RETIREE.
HE REPEATEDLY SAID IT WAS BECAUSE OF WHISTLEBLOWER ISSUES.
THANK YOU. MR. MIRELES. SUGARCOAT EVERYTHING INSTEAD OF STICKING TO THE DOCUMENTS THAT WAS PRESENTED AT THE LEVEL TWO HEARING.
[00:25:03]
SO AGAIN, HIS IMMEDIATE SUPERVISOR WHO WE REPORTED TO WAS SHERRY ROBERTSON.SECONDLY, THE PAYROLL ANALYST THAT CURRENTLY, IF YOU THINK WHEN MR. MATHEW WAS AROUND, WAS A PROBLEM, IT'S A MAJOR PROBLEM STILL TO THIS DAY.
RIGHT NOW, THE PAYROLL ANALYST.
THEY'RE SAYING THEY'RE NOT CLOCKED IN.
SORRY, THAT'S OUTSIDE OF THE RECORD I'D LIKE TO OBJECT TO.
HOW CAN YOU OBJECT ON MY TIME? HE HAD AMPLE TIME TO DO IT.
HE DOES IT. THAT'S JUST THE CURRENT SITUATION THAT HE LOVES TO DO ALL THE TIME.
HE SHOULDN'T OBJECT ON MY TIME.
THEN YOU SHOULD ALLOW HIM TO OBJECT.
I DIDN'T INTERRUPT WHEN HE WAS SPEAKING.
HE SHOULDN'T INTERRUPT WHEN I'M SPEAKING.
CAN I JUST ASK YOU TO PLEASE STICK TO WHAT'S IN THE RECORD? BECAUSE THAT'S REALLY ALL. IT'S IN THE RECORD.
I'M IN THE RECORD. IT'S ALL ABOUT PAYROLL ANALYST IS WHAT WE'RE TALKING ABOUT.
EVERY TIME I COME IN FRONT OF YOU GUYS, YOU SIDE WITH MANAGEMENT, YOU SIDE WITH LEGAL COUNSEL.
INSTEAD OF HEARING TO WHAT EXHIBITS ARE BEING PRESENTED TO YOU, SIR.
EVERY TIME WE COME IN FRONT OF YOU.
SIR, THIS BOARD IS SITTING HERE LISTENING TO YOU VERY INTENTLY.
CLOSELY. WE HAVE REVIEWED THE PAPERS.
YOU ALLOWED HIM TO OBJECT WHEN YOU SHOULDN'T HAVE ALLOWED HIM TO OBJECT.
YOU'RE BOTH PERMITTED TO OBJECT, SIR.
ABSOLUTELY. YOU'VE BEEN IN FRONT OF THIS BODY MANY TIMES, SIR.
YOU'VE BEEN IN FRONT OF THIS BODY MANY TIMES BEFORE.
MANY TIMES. SO YOU KNOW THAT BOTH PARTIES HAVE THE RIGHT TO OBJECT.
SO I WOULD ASK YOU TO PLEASE, LET'S GO FORWARD AND COMPLETE YOUR PRESENTATION, PLEASE.
HOW CAN A GENTLEMAN WHO'S ON VACATION BE HELD ACCOUNTABLE FOR SOMETHING THAT HE HAS NO IDEA OF WHAT'S GOING ON OR WHAT'S TAKING PLACE? AGAIN, TO HAD JUST TAKEN OVER.
DID I SAY THE REMARKS THAT MR. LAMP SAID? ABSOLUTELY.
100%, BUT YOU CAN'T HOLD A GENTLEMAN ACCOUNTABLE WHEN HE'S ON VACATION, AS HE SAID.
PAYROLL IS PROCESSED AHEAD OF TIME.
A COUPLE OF DAYS HE WAS ON VACATION.
HE'S ENTITLED TO A WEEK'S VACATION.
NOT MY EXHIBIT. THE ADMINISTRATION EXHIBIT.
HE KNEW THE PAPERWORK WAS SUBMITTED.
WHY DID THE ADMINISTRATION PAY IT OUT? BECAUSE THEY WANTED TO BE NICE.
NO, BECAUSE THEY KNEW HE WAS ENTITLED TO IT.
SO HOW CAN YOU HOLD HIM ACCOUNTABLE IF HE SUBMITTED IT? HE GOT PAID, AND THEN THEY SAID SIX WEEKS LATER SAYS, OH, NO, WAIT A MINUTE, WE'RE GOING TO TAKE IT BACK.
IT'S NOT HOW THE SYSTEM WORKS.
IF YOU GUYS WANT US TO BE ON AN EVEN PLAYING FIELD, THEN WEIGH INTO THE EXHIBITS THAT WAS PRESENTED TO YOU TODAY, AND IT SHOWS THAT HE HAD RETIRED IN AMPLE TIME AND PLENTY OF TIME BEFORE HE WAS TERMINATED, BEFORE THEY RECOMMENDED TERMINATION.
THAT'S THE MOST IMPORTANT EXHIBIT IN FRONT OF YOU THAT YOU SHOULD WEIGH IN IS HOW DID THE ADMINISTRATION ALLOW HIM TO RETIRE WITH FULL BENEFITS, EVERYTHING INTACT, AND THEN SIX WEEKS LATER, YANK IT FROM HIS BANK ACCOUNT? I'M SURE IF THAT HAPPENED TO EACH ONE OF YOU, YOU WOULD BE VERY, VERY UPSET, JUST AS HE WAS.
AS MANY TIMES AS I'VE COME IN FRONT OF YOU, I'VE ASKED YOU TO WEIGH ONLY IN THE DOCUMENTATION THAT'S PRESENTED TO YOU, THE EXHIBITS THAT'S PRESENTED TO YOU IN FRONT OF YOU. THAT'S A DECISION THAT YOU HAVE TO MAKE TODAY.
I'VE ASKED YOU PLENTY OF TIMES TO WEIGH IN ONLY ON THE EXHIBITS THAT ARE IN FRONT OF YOU.
I ASK YOU TODAY ALSO TO WEIGH INTO IT, LOOK INTO IT, ASK THE QUESTIONS, THE IMPORTANT QUESTIONS THAT NEED TO BE ASKED INSTEAD OF GOING BEHIND CLOSED DOORS AND DISCUSS WHAT YOU NEED TO DISCUSS. YOU HAVE TODAY TO MAKE THINGS RIGHT BY MR. MATHEW. I ASK YOU TO CONSIDER THAT IMPORTANT DOCUMENT THAT I JUST SHOWED YOU ON HOW IT'S SAID THAT HE HAD RETIRED.
HE GOT PAID OUT, AND THEN SIX WEEKS LATER, THEY YANKED IT OUT OF HIS BANK ACCOUNT.
ARE THERE ANY QUESTIONS FROM MY COLLEAGUES FOR ANYBODY? NO. OKAY.
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 MR. MATHEW 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 HEARING MUST SUPPORT ANY ACTION WE TAKE.
THAT IS, IF THE RECORD SUPPORTS THE POSITION OF THE ADMINISTRATION OR THE POSITION OF MR.
[00:30:03]
MATHEW, WE MAY FIND ACCORDINGLY.IS THERE ANY DISCUSSION BY THE BOARD MEMBERS? NO. OKAY. THE BOARD WILL NOW RECESS TO CLOSED SESSION UNDER CHAPTER 551 OF TEXAS GOVERNMENT CODE OPEN MEETINGS ACT SUBSECTIONS 551.004 THROUGH 551.089. 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.
THE BOARD HAS RECESSED TO CLOSED SESSION AT 3:31 ON SEPTEMBER 12TH, 2024.
OKAY, WE ARE BACK IN OPEN SESSION AT 3:46 P.M..
ARE THERE ANY OTHER OR ARE THERE ANY QUESTIONS OR DISCUSSION ITEMS FROM THE BOARD BEFORE WE MOVE ON? OKAY. DO WE HAVE A MOTION? YES. I MOVE THAT THE BOARD DENY THE GRIEVANCE AND UPHOLD THE DECISION OF THE LEVEL TWO HEARING OFFICER.
OKAY, I HAVE A MOTION BY MISS LINDNER AND A SECOND BY MR. CAMPO. PLEASE VOTE.
THIS HEARING HAS CONCLUDED AT 3:47 P.M..
THANK YOU. WE ARE GOING TO ADMIT MISS BENZON OR DOCTOR BENZON.
I THINK HER AUDIO IS NOW FUNCTIONING, SO LET'S ADMIT HER AND HEAR FROM HER, PLEASE.
THE HOST HAS NOT STARTED? OKAY. THANK YOU. YES, MA'AM.
SO MUCH FOR THE OPPORTUNITY TO SPEAK, AND THANK YOU FOR YOUR PATIENCE AS I'M NAVIGATING TECHNOLOGY.
SO AGAIN, MY NAME IS DOCTOR MARIA BENZON, AND I'M HERE IN SUPPORT OF HISD'S GRIEVANCE, URGING THE REVERSAL OF HISD'S OPEN DOOR POLICY, WHICH REQUIRES CLASSROOM DOORS TO REMAIN OPEN AND UNLOCKED.
FIRST, IT INCREASES SECURITY RISKS.
LEAVING CLASSROOM DOORS UNLOCKED MAKES IT EASIER FOR UNAUTHORIZED INDIVIDUALS, INCLUDING POTENTIAL INTRUDERS, TO ACCESS CLASSROOMS. IN AN ERA WHERE SCHOOL SHOOTINGS ARE TRAGICALLY ON THE RISE, GUN VIOLENCE IN SCHOOLS HAS INCREASED BY 31% IN THE 23 TO 24 SCHOOL YEAR ALONE. UNLOCKED DOORS MAKE STUDENTS VULNERABLE WHEN SECURED.
LOCKED DOORS ARE OFTEN THE FIRST AND MOST EFFECTIVE BARRIER IN PROTECTING LIVES DURING EMERGENCIES.
SECOND, THIS POLICY ADDS TO THE PSYCHOLOGICAL STRESS OF BOTH STUDENTS AND STAFF.
WITH AN OPEN, UNLOCKED DOOR, THE CONSTANT WORRY OF A POTENTIAL THREAT IS ALWAYS PRESENT.
FINALLY, THE OPEN DOOR POLICY CONTRADICTS STANDARD SAFETY PROTOCOLS.
MOST SCHOOLS PRACTICE LOCKDOWN DRILLS WHERE THE FIRST STEP IS TO SECURE AND LOCK THE DOORS.
THE POLICY ELIMINATES A BASIC BUT CRITICAL SAFETY MEASURE THAT COULD SAVE LIVES.
THIS BALANCES SAFETY WITH OVERSIGHT.
I URGE YOU TO PRIORITIZE SECURITY AND SUPPORT HISD'S GRIEVANCE BY REVERSING THIS DANGEROUS POLICY.
OUR NEXT. I THINK THAT'S IT FOR OUR SPEAKERS.
IF THE FOLKS WHO ARE HERE FOR THAT WOULDN'T MIND COMING FORWARD.
THANK YOU, AND, SIR, WHAT IS YOUR NAME? WAYNE LANGE OKAY, AND STEPHANIE HAMM.
THE PURPOSE OF THIS MEETING IS TO CONSIDER THE DISPUTE FILED BY THE HOUSTON FEDERATION OF TEACHERS, OR HFT, ON BEHALF OF AFFECTED MEMBERS AT ALL NEW EDUCATION SYSTEM, OR NES AND NES/A SCHOOLS.
[00:35:06]
IF BOTH PARTIES REQUEST AN OPEN SESSION DURING THIS HEARING, THE BOARD MAY GO INTO CLOSED SESSION TO CONSULT WITH ITS ATTORNEY UNDER THE TERMS OF THE TEXAS GOVERNMENT CODE, SECTION 541.071.IF ANY BOARD MEMBER WISHES TO SEEK THE ADVICE OF COUNSEL, PLEASE MAKE THIS REQUEST KNOWN TO ME.
FOR THE RECORD, WAYNE LANGE OF THE HFT REPRESENTING HFT IS PRESENT.
YES, SIR, AND STEPHANIE HAMM WITH THOMPSON AND HORTON LLP REPRESENTING THE ADMINISTRATION, IS PRESENT ALONG WITH CATOSHA WOODS HISD GENERAL COUNSEL, AND MR. LANGE, DO YOU WANT TO CONTINUE IN OPEN OR CLOSED SESSION? YES, SIR. THE ISSUES BEFORE THE SCHOOL BOARD ARE WHETHER BOARD POLICIES AND ADMINISTRATIVE PROCEDURES WERE CORRECTLY APPLIED TO THE GRIEVANT, AND WHETHER THE ADMINISTRATION HAS VIOLATED THOSE POLICIES AND PROCEDURES.
MR. LANGE, SINCE THE HFT ASKED THAT THE BOARD HEAR THIS MATTER, YOU WILL PROCEED FIRST AND YOU WILL BE ALLOWED TO MAKE A TEN MINUTE PRESENTATION TO THE BOARD, FOLLOWED BY A TEN MINUTE PRESENTATION BY MISS HAMM.
MR. LANGE, YOU MAY RESERVE ANY PART OF YOUR TEN MINUTES FOR REBUTTAL TO MATTERS THAT ARE PRESENTED BY MISS BY MISS HAMM, AND BOTH SIDES SHALL BE AVAILABLE FOR QUESTIONS FROM THE BOARD AFTER THEY MAKE THEIR PRESENTATION, AND THEN THE BOARD WILL RENDER ITS DECISION.
ARE THERE ANY QUESTIONS ABOUT THE WAY THAT THE HEARING WILL BE CONDUCTED? NO. NO.
OKAY. MR. LANGE, WOULD YOU LIKE TO SPLIT UP YOUR TIME IN ANY WAY? CAN I JUST RESERVE THE TIME? IF I GO TOO FAST? ABSOLUTELY SURE.
OKAY. YOU CAN BEGIN WHEN YOU'D LIKE.
GOOD AFTERNOON. MY NAME IS WAYNE LANGE.
I'M A STAFF REP WITH HOUSTON FEDERATION OF TEACHERS.
THE QUESTION BEFORE US TODAY IS ABOUT THESE DOORS AND THE FACT THAT MR. MILES WANTED THEM OPEN.
IT WASN'T A QUESTION SO MUCH OF WHETHER THE DOOR SHOULD BE OPEN OR NOT.
BECAUSE WITH THE AC NOT WORKING IN HALF OF THE BUILDINGS, THE DOOR PROBABLY COULD HAVE BEEN OPENED JUST TO CHANGE THE AIR, BUT THE WINDOWS DON'T OPEN EITHER, SO THERE'S NO CROSS FLOW. I GET THAT, HOWEVER, IN LIGHT OF WHAT MS. BENZON WAS TALKING ABOUT, THE LOCAL SCHOOL SHOOTINGS THAT ARE GOING ON ALL OVER THE COUNTRY AND IN DIFFERENT PLACES, AND CAN'T SAY TEXAS IS UNIQUE IN NOT GOING TO HAVE THAT, BECAUSE SANTA FE HAD ONE A COUPLE OF YEARS AGO, UVALDE HAD ANOTHER ONE JUST RECENTLY, AND LAST WEEK LAREDO HAD TO SHUT THE WHOLE DISTRICT DOWN BECAUSE TWO YOUNG LADIES THREATENED TO SHOOT UP THE DISTRICT. SO THERE'S LOTS OF REASONS WHY THEY SHOULD.
SO WE LOOK AT THE TEXAS EDUCATION CODE, CHAPTER 61, AND IT SAYS THAT THE DOORS, IF THEY'RE OPEN, SHOULD BE ACTIVELY MONITORED BY AN ADULT WHO CAN VISIBLY REVIEW THE STUDENT VISITORS OR VISITORS THAT ARE COMING IN THE CLASSROOMS ARE OVERCROWDED.
AS THE LADY TESTIFIED EARLIER, HER SPED STUDENTS ARE IN THAT CLASS AS WELL, BUT MR. MILES IS WHAT DO YOU CALL IT? MAINSTREAMING OF SPECIAL ED.
SOMETIMES YOU DON'T HAVE THE AIDE IN THERE WITH THAT TEACHER.
SO YOU HAVE A TEACHER WITH 30 PLUS KIDS, SOME OF WHICH ARE SPECIAL ED.
THEY MAY HAVE DIFFERENT IEPS THAT ARE NOT BEING MET BECAUSE THEY HAVE RESTRICTIONS OR THEY HAVE ACCOMMODATIONS THAT ARE NECESSARY FOR THEM TO CONTINUE WITH THEIR EDUCATION. TIME FACTOR FOR DOLS BEING ONLY ONE PART OF IT.
YEAH. OH, PRINCIPALS CAN COME IN, BUT THAT IS A DISRUPTION OF THE EDUCATION PROCESS.
WHEN AN ADMINISTRATOR WALKS IN THE ROOM, THE KID WANTS TO SEE WHO'S IN TROUBLE.
THEY'RE NOT LOOKING TO SAY, OH, THEY'RE IN HERE TO COACH MY TEACHER WHO'S IN TROUBLE.
IT'S AN OH, AND IT'S A GOTCHA.
IT'S A DISRUPTION NO MATTER HOW YOU PUT IT, AND WITH THEM CONSTANTLY COMING IN THREE, FOUR TIMES A WEEK, IN SOME CASES THREE, FOUR TIMES A DAY, THIS IS A SERIOUS DISRUPTION TO THE EDUCATION PROCESS.
THAT'S THE ONE PART THAT WE'RE GOING THROUGH.
NEXT THING 200 PLUS RELATED SCHOOL SHOOTINGS JUST IN 2023, WALTRIP, CHAVEZ, MADISON, BELLAIRE, WESTBRIAR ALL HAD WEAPONS RELATED INCIDENTS IN THE LAST YEAR ALONE REPORTED TO THE PRESS, PROBABLY NOT COVERED UP.
HALF THE TEACHING STAFF DIDN'T KNOW WHY THEY WEREN'T LOCKED DOWN WHEN THEY WENT TO LOCKDOWN.
ALTHOUGH NOT RELATED TO THE TWO SHOOTINGS THAT CAME FROM INSIDE OF THE, CAME FROM INSIDE OF THE CAMPUS SANTA FE HIGH SCHOOL, AND THE GEORGIA SHOOTING FROM A COUPLE OF WEEKS AGO.
BOTH WERE STUDENTS OF THE SCHOOL DISTRICT.
WELL, ONE LEFT THE CAMPUS, CAME BACK WITH HIS GEAR AND SHOT UP THE CAMPUS.
THE YOUNG GENTLEMAN FROM LAST WEEK ASKED TO GO TO THE RESTROOM.
THAT WAS IT. LET ME GO TO THE RESTROOM.
HE WENT TO THE RESTROOM. HE CAME BACK.
THE KIDS ALL FLIPPED DESKS AND HID BEHIND A DESK.
THAT CLASSROOM WAS NOT SHOT UP.
THE ONE NEXT DOOR THAT HAD THIS DOOR OPEN OR LET HIM IN?
[00:40:01]
YEAH, TEACHER'S DEAD.THREE OTHER STUDENTS AND NINE PEOPLE WERE INJURED.
SCHOOL WAS JOYFUL BEFORE WE HAD PEOPLE COMING IN AND INTERRUPTING THE CLASS EVERY DAY.
SCHOOL WAS JOYFUL WHEN THE KIDS HAD THEIR IEPS BEING MET.
SCHOOL WAS JOYFUL WHEN THE KIDS DIDN'T HAVE TO CARRY A CONE TO THE BATHROOM.
SCHOOL WAS JOYFUL WHEN THE KIDS ACTUALLY GOT TO SOCIALIZE, TALK WITH EACH OTHER, AND BE KIDS.
HOW MANY OF YOU WENT TO HIGH SCHOOL CAN REMEMBER FOND MEMORIES OF BEING IN HIGH SCHOOL? NOT BEING IN A CLASSROOM WHERE YOU DON'T KNOW WHO'S GOING TO COME IN AND SAY, OH, YOUR TEACHER IS BEING BAD RIGHT NOW, RIGHT IN FRONT OF THE WHOLE CLASS, YOU'RE NOT DOING THIS RIGHT. REAL TIME COACHING IS AN ISSUE THAT WE'LL TALK AT ANOTHER TIME.
UVALDE HAD A UNIQUE SITUATION.
THIS IS FROM THE TEXAS REPORT ON WHAT HAPPENED THERE.
THE TEACHERS WERE COMPLACENT ABOUT LOCKDOWNS.
THE STUDENT OR THE KID FOUND THE OPEN DOOR AND WENT INTO THE SCHOOL EXTERIOR OPEN DOOR.
THE KID JUMPED THE FOUR FOOT FENCE BECAUSE IT WASN'T SIX FOOT AS THE REGULATION CALLS FOR.
HE CAME IN THROUGH A DOOR WITH A BROKEN LOCK.
FOUND THE OPEN CLASSROOM WITH AN ADJACENT CLASSROOM, AND THEN HE WENT ON TO KILL 21 PEOPLE.
THIS IS WHAT WE'RE TALKING ABOUT.
YOU LIVE IN A GATED COMMUNITY.
DO YOU LOCK YOUR DOOR WHEN YOU GO TO SLEEP AT NIGHT? OR DO YOU LEAVE IT OPEN BECAUSE YOUR EXTERIOR IS SECURED? THIS IS CRAZY.
NASHVILLE TRANSPERSON WENT UP TO THE SCHOOL, SHOT THE DOOR DOWN BECAUSE IT WAS LOCKED.
WENT IN, SHOT THE PRINCIPAL WHO CAME OUT TO GREET THE PERSON.
HOWEVER, PRINCIPAL DID HIT THE ALARM BEFORE THE POLICE HAD TO GO AND LOOK TO FIND THE KIDS THAT THEY DID FIND BECAUSE THEY WERE ALL INDOORS, LOCKED WITH THE LIGHTS OFF. THE ONLY PEOPLE WHO GOT SHOT OUTSIDE, THE PRINCIPAL SUBSTITUTE WHO DOESN'T HAVE KEYS TO DOORS WAS IN THE BATHROOM WITH THREE BABIES.
NEED I SAY MORE? Y'ALL GOT YOUR OWN THINGS ABOUT THOSE GUYS? GOING BACK DOWN TO [INAUDIBLE] CK2 HAS CHANGED TWICE.
2009 CK2 SAID THAT THE DOORS WAS UP TO THE PRINCIPAL SOMEWHERE BACK.
I THINK I HAD IT DOWN. HERE IT IS IN AUGUST OF 2022.
WE CHANGED THE POLICY TO ALL DOORS WILL BE LOCKED AT ALL TIMES.
THAT WAS IN RESPONSE TO THE GOVERNOR, THE SENATORS, NATIONAL SENATORS AND LOCAL SENATORS ALL SAYING WE HAVE TO SECURE THE SCHOOLS SINGLE POINT OF ENTRY, SINGLE POINT OF ENTRY WITH PEOPLE WITH BADGES HAVE TO COME THROUGH.
MR. MILES COMES IN AND AS HE PUT IT, ADDITIONAL SECURITY STEPS AGAINST KEEPING AN INTERNAL ENVIRONMENT THAT IS JOYFUL AND SUPPORTS THE MAIN EDUCATIONAL MISSION PROVIDING HIGH QUALITY INSTRUCTION.
THUS, THE DOORS SHALL REMAIN OPEN.
NOW WE TALKED ABOUT THE FIRE CODE IN THE GRIEVANCE.
THE DOORS ARE FIRE RATED FROM CEILING TO FLOOR.
THE DOORS PROVIDE A BARRIER TO KEEP FIRES CONTAINED SHOULD ONE BREAK OUT.
THEY ALSO INHIBIT SMOKE FROM GOING FROM PLACE TO PLACE.
THOSE ARE JUST SOME OF THE MAIN REASONS WHY YOU HAVE FIRE RATED DOORS.
THOSE DOORS ARE ALSO BULLETPROOF.
THOSE SHOTS DON'T GO THROUGH THE DOORS TWO INCHES THICK, SOLID.
THESE ARE PROTECTION FACTORS FOR HAVING A SAFE ENVIRONMENT FOR YOUR KIDS TO LEARN.
WAIT, I'M SKIPPING OVER SOMETHING HERE.
ALSO IN THE MEETING JUMPED OVER.
ATTORNEY HAMM ARGUED THAT DJA, THE DISTRICT POLICY SAYS THAT MR. MILES CAN MAKE CHANGES TO THE POLICY AS HE SEES FIT.
YOU GOT A PERSON NOT CERTIFIED SINCE 2018 MAKING RULES ABOUT OUR CHILDREN'S SAFETY.
MR. MILES CONTRACT SAYS THAT HE WILL SEEK CERTIFICATION.
HE HAS SAID IN PUBLIC HE DOES NOT INTEND TO.
WHY IS HE STILL TERRORIZING OUR TEACHERS?
[00:45:01]
OH, YES.A CERTIFICATE OR PERMIT IS NOT CONSIDERED EXPIRED IF THE EMPLOYEE HAS COMPLETED THE REQUIREMENTS TO RENEW THE CERTIFICATE. THE EMPLOYEE MAY SUBMIT A REQUEST FOR RENEWAL BEFORE THE EXPIRATION DATE AND OR THE DATE THAT THE CERTIFICATE OR PERMIT WOULD HAVE EXPIRED BEFORE THE SBAC CAN TAKE ACTION TO APPROVE OR RENEW THE CERTIFICATE.
THERE'S WAYS HE COULD HAVE DONE THIS.
WHY HAS HE NOT? NOW COMING UP ON THE LAST PART HERE.
IF A PERSON PRACTICES MEDICINE, HE DOESN'T HAVE A LICENSE.
OR DO WE CALL THAT IMPERSONATING A PHYSICIAN? IF WE HAVE A PERSON WHO IMPERSONATES A LAWYER AND HE DOESN'T HAVE A BAR EXAM CERTIFICATE, WHAT DO YOU CALL THAT? IS THAT AN OBSTRUCTION OF JUSTICE OR IS IT A PERSON WHO IS COMMITTING A CRIME? WHY, THEN, IS NO ONE SAYING SOMETHING ABOUT AN EDUCATOR WHO IS IMPERSONATING AN EDUCATOR? YOU MUST HAVE A CERTIFICATE TO HOLD THE POSITION.
YOU MUST HAVE A CERTIFICATE TO HOLD A PRINCIPAL CERTIFICATE POSITION.
YOU MUST HAVE A CERTIFICATE TO HOLD A TEACHING POSITION.
TITLE ONE SAYS HIGHLY EFFECTIVE CERTIFIED TEACHERS AND ADMINISTRATORS AS THE BOARD.
WE BROUGHT UP SEVERAL TIMES THAT FILED GRIEVANCES THIS YEAR, THOUGH WAS NOT RESOLVED.
WE TRIED TO USE THE CONSULTATION PROCESS, BUT 19 MONTHS SINCE WE HAD THAT MONTHLY CONSULTATION MEETING, 19 MONTHS, ALL THE POLICIES THAT HAVE CHANGED, NO CONTRIBUTION FROM THE ELECTED ORGANIZATION TO REPRESENT THE TEACHERS IN THIS DISTRICT.
WE WANTED TO SUGGEST THAT WE HAVE TO KIND OF RESOLVE THIS AND IF WE WILL GO BACK TO THE CK2 PRIOR TO THE CHANGE. [INAUDIBLE] THANK YOU, MISS HAMM.
THANK YOU. GOOD AFTERNOON, MADAM PRESIDENT.
MEMBERS OF THE BOARD STEPHANIE HAMM WITH THOMPSON AND HORTON.
ON BEHALF OF THE ADMINISTRATION.
HE LEFT OUT THE SECOND SENTENCE THAT SAYS THAT CERTIFICATION REQUIREMENT MAY BE WAIVED.
SO YES, THEY'RE ENTITLED TO DISAGREE WITH IT.
THEY ARE ENTITLED TO MAKE THEIR DISAGREEMENTS WITH SUPERINTENDENT MILES KNOWN, BUT THEY ARE NOT ENTITLED TO FILE A GRIEVANCE AGAINST THE SUPERINTENDENT, CLAIMING THAT HE'S VIOLATED DISTRICT POLICY, THAT HE'S VIOLATED STATE LAW, THAT HE'S VIOLATED FIRE CODES WHEN HE, IN FACT, HAS DONE NONE OF THOSE THINGS, AND THAT'S THE ISSUE BEFORE YOU TODAY.
DOES THE OPEN DOOR POLICY VIOLATE DISTRICT POLICY, STATE LAW, OR ANY FEDERAL FIRE CODES? AND ON THAT ISSUE, WHICH IS THE ONLY ISSUE, THIS SHOULD BE ONE OF THE MOST STRAIGHTFORWARD GRIEVANCES YOU'LL EVER BE ASKED TO CONSIDER.
BECAUSE IF YOU GO THROUGH THE RECORD, EVERY PAGE, EVERY LINE, EVERY WORD, YOU'RE NOT GOING TO FIND A SINGLE THING IN THE RECORD THAT SUGGESTS THAT ANY POLICY HAS BEEN VIOLATED, THAT ANY LAW HAS BEEN VIOLATED, OR THAT ANY FIRE CODE HAS BEEN VIOLATED.
THEY DON'T REQUIRE INTERIOR CLASSROOM DOORS TO BE CLOSED.
THEY DON'T REQUIRE INTERIOR CLASSROOM DOORS TO BE LOCKED, AND YOU DON'T NEED TO TAKE MY WORD FOR IT.
YOU CAN CONFIRM THAT FOR YOURSELVES BY REVIEWING THE ADMINISTRATION'S EXHIBITS 12 THROUGH 16, BECAUSE WHAT THOSE EXHIBITS SHOW IS THAT INTERIOR CLASSROOM DOORS ARE PERMITTED TO BE CLOSED.
THERE IS NO REQUIREMENT THAT INTERIOR CLASSROOM DOORS BE CLOSED OR LOCKED, AND IN FACT, THE LAW PROVIDES THAT UNLESS THEY HAVE THE APPROPRIATE SAFETY FEATURES, THEY CAN'T BE LOCKED, AND THERE IS NOTHING IN THE RECORD THAT EVEN COMES CLOSE TO SUGGESTING THAT EVERY INTERIOR CLASSROOM DOOR IN HISD IS EQUIPPED WITH THE APPROPRIATE MECHANISMS TO SAFELY TO ALLOW PEOPLE INSIDE THE CLASSROOM TO SAFELY LEAVE IN AN EMERGENCY IF THEY DON'T HAVE A KEY, AND NOW THE REASON I AM EMPHASIZING INTERIOR CLASSROOM DOORS IS BECAUSE THAT'S THE FOCUS OF THIS GRIEVANCE.
[00:50:05]
EVERYONE AGREES THAT EXTERIOR DOORS SHOULD BE CLOSED AND LOCKED.SUPERINTENDENT MILES AGREES WITH THAT.
IF YOU LOOK AT ADMINISTRATION EXHIBITS FIVE AND SIX, YOU CAN COMPARE THE DIFFERENT VERSIONS, BUT LONG STORY SHORT, THE OLD VERSION, WHICH IS EXHIBIT FIVE, STATED THAT ALL CLASSROOM DOORS SHALL BE LOCKED AT ALL TIMES, PROVIDED THE LOCKING MECHANISM DOES NOT REQUIRE UNLOCKING ACTION FOR EXITING THE ROOM.
THE NEW VERSION, EXHIBIT SIX, WHICH WAS ISSUED ON SEPTEMBER 28TH OF 2023 AND IS CURRENTLY IN EFFECT, SAYS SOMETHING DIFFERENT BECAUSE MIKE MILES EXERCISED HIS AUTHORITY TO CHANGE IT.
NOW, AS MR. LANGE POINTED OUT, THE POLICY SAYS THAT THE DISTRICT MUST WEIGH ADDITIONAL SECURITY STEPS AGAINST KEEPING AN INTERNAL ENVIRONMENT THAT IS JOYFUL AND THAT SUPPORTS OUR MAIN EDUCATIONAL MISSION PROVIDING HIGH QUALITY INSTRUCTION.
THUS, CLASSROOM DOORS SHALL REMAIN OPEN, BUT THE LOCK MECHANISM ON THE DOOR SHALL BE ENGAGED.
IF A CLASSROOM DOOR REQUIRES AN UNLOCKING ACTION FOR EXITING THE CLASSROOM, THE DOOR SHALL REMAIN UNLOCKED WHILE OCCUPIED, AND THAT'S THE THAT'S THE FIRE CODE REQUIREMENT. PRINCIPALS MAY MAKE AN EXCEPTION IN SPECIFIC CASES, SUCH AS DOORS TO CLASSROOMS WITH STUDENTS WITH SPECIAL NEEDS WHO ARE PRONE TO LEAVE THE CLASSROOM UNEXPECTEDLY, OR DOORS TO CLASSROOMS THAT ARE SIGNIFICANTLY IMPACTED BY NOISE FROM THE CAFETERIA, GYMNASIUM, OR CHOIR.
NO DOOR SHOULD BE FORCED OPEN WITH THE USE OF A WEDGE OR OTHER TEMPORARY DEVICE PLACED BENEATH THE DOOR TO PREVENT IT FROM CLOSING, AND AGAIN, THAT'S A FIRE CODE REQUIREMENT, AND A DOOR THAT OPENS TO THE EXTERIOR OF THE BUILDING, INCLUDING CLASSROOMS AND PORTABLE BUILDING, SHALL BE CLOSED AND LOCKED AT ALL TIMES. SO HFT DOESN'T LIKE THIS POLICY, AND THAT'S FINE.
I'M NOT HERE TO TELL ANYONE THAT THEY CAN'T HAVE THEIR OPINIONS ON THE POLICY, BUT I AM GOING TO SAY THAT YOU CAN'T ARGUE THAT SUPERINTENDENT MILES LACKED THE AUTHORITY TO CHANGE REGULATION CK2, BECAUSE HE DID.
EXHIBIT FOUR SAYS THAT IT'S THE SUPERINTENDENT WHO IS RESPONSIBLE FOR DEVELOPING, IMPLEMENTING AND PROMOTING COMPREHENSIVE SAFETY PROGRAMS. BOARD POLICY BJA LEGAL, WHICH IS EXHIBIT EIGHT, PROVIDES THAT AS THE DISTRICT'S CHIEF EXECUTIVE OFFICER, THE SUPERINTENDENT'S DUTIES INCLUDE DEVELOPING OR CAUSING TO BE DEVELOPED APPROPRIATE ADMINISTRATIVE REGULATIONS TO IMPLEMENT POLICIES ESTABLISHED BY THE BOARD, AND THAT SAME DUTY IS ECHOED IN YET ANOTHER POLICY BOARD POLICY, BP LEGAL, WHICH SPECIFICALLY RELATES TO ADMINISTRATIVE REGULATIONS AND BOARD POLICY.
BP LEGAL IS EXHIBIT NINE, AND SO WHEN IT COMES TO ADMINISTRATIVE REGULATIONS SUCH AS REGULATION CK2.
FIRST, IT CONFIRMS THAT SUPERINTENDENT MILES HAS THE AUTHORITY AND THE OBLIGATION TO DEVELOP AND ENFORCE ADMINISTRATIVE REGULATIONS, AND SECOND, IT SAYS THAT ADMINISTRATIVE REGULATIONS ARE AVAILABLE FOR BOARD REVIEW BUT SHALL NOT BE ADOPTED BY THE BOARD.
SO, ABSENT A FINDING THAT SUPERINTENDENT MILES VIOLATED A POLICY OR VIOLATED A LAW, HE GETS TO MAKE THESE TYPES OF DECISIONS.
THAT'S HIS JOB, AND IT'S A JOB THAT HE TAKES SERIOUSLY, EVEN IF AND EVEN WHEN PEOPLE MIGHT DISAGREE.
ACCOUNTABILITY IS NOT HARASSMENT, AND LIKE ALL OF YOU, I WISH THERE WAS A SIMPLE SOLUTION TO GUN VIOLENCE IN THIS COUNTRY, ESPECIALLY IN OUR SCHOOLS.
I HAVE CHILDREN IN PUBLIC SCHOOLS AND THIS IS SOMETHING I WORRY ABOUT CONSTANTLY, BUT LET'S NOT FALL INTO THE TRAP OF BLAMING EVERYTHING EXCEPT THE MOST OBVIOUS PROBLEM, AND I'M NOT SAYING ANYTHING TO BE POLITICAL, I'M JUST SAYING LET'S NOT LOSE FOCUS UNDER THE QUOTE UNQUOTE OPEN DOOR
[00:55:07]
POLICY. ALL EXTERIOR DOORS ARE STILL CLOSED AND LOCKED.EVERY OTHER SECURITY PLAN AND PROGRAM THAT THIS DISTRICT HAS IS STILL IN EFFECT, AND SO WHEN IT COMES TO PEOPLE COMING IN FROM THE OUTSIDE, WHETHER IT'S A FRONT DOOR, A BACK DOOR, A SIDE DOOR, A PORTABLE BUILDING, ALL OF THOSE DOORS ARE STILL CLOSED AND LOCKED, AND WHEN IT COMES TO INTERIOR CLASSROOM DOORS, THOSE DOORS STILL CAN BE LOCKED IF THE SITUATION WARRANTS, WHETHER IT'S BECAUSE OF NOISE OR WHETHER IT'S BECAUSE A STUDENT IS PERHAPS A FLIGHT RISK.
OR PERHAPS THERE'S A SITUATION THAT THREATENS THE SAFETY OF STUDENTS.
THOSE INTERIOR DOORS CAN BE CLOSED AND LOCKED, AND I HEARD MR. LANGE SAY IN ONE OF HIS EXAMPLES ABOUT A SCHOOL SHOOTING, ABOUT SOMEONE COMING IN AND SHOOTING DOWN A DOOR.
AGAIN, I WISH IT WAS THAT EASY TO SAY, LET'S JUST CLOSE THE DOORS AND WE'LL NEVER HAVE AN ISSUE LIKE THIS AGAIN, BUT WE KNOW JUST FROM MR. LANGE ALONE THAT'S NOT NECESSARILY GOING TO SOLVE ALL OF OUR PROBLEMS AND I'M NOT AWARE OF ANYTHING IN THE RECORD THAT SUGGESTS THAT EVERY INTERIOR CLASSROOM DOOR AT HISD IS BULLETPROOF, AS MR. LANGE SAID DURING HIS REMARKS.
SO THERE ARE NUMEROUS SCENARIOS WHERE INTERIOR CLASSROOM DOORS STILL CAN BE CLOSED AND LOCKED.
THEY JUST CAN'T BE CLOSED AND LOCKED BECAUSE A TEACHER WANTS TO AVOID ACCOUNTABILITY, OR JUST ONCE FOR ANY OTHER REASON TO HAVE THEM CLOSE, AND NOTHING ABOUT THAT POLICY VIOLATES THE LAW OR ANYTHING ELSE, AND SO THE ADMINISTRATION REQUESTS THAT YOU UPHOLD THE LEVEL TWO DECISION DENYING GRIEVANCE IN FULL.
THANK YOU. ARE THERE ANY QUESTIONS FROM MY COLLEAGUES FOR ANYBODY? OKAY. THE PARTIES HAVE COMPLETED THEIR PRESENTATIONS AND IT IS NOW TIME FOR BOARD MEMBERS TO MAKE OUR DECISION ON THE ISSUES BEFORE US.
IF THERE IS ANY DISPUTE BETWEEN MR. LANGE 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 HEARING MUST SUPPORT ANY ACTION WE TAKE.
IS THERE ANY DISCUSSION BASED ON THAT? OKAY. THE BOARD WILL NOW RECESS TO CLOSED SESSION UNDER CHAPTER 551 OF TEXAS GOVERNMENT CODE OPEN MEETINGS ACT, SUBSECTIONS 551.004 THROUGH 551.089.
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.
THE BOARD HAS RECESSED TO CLOSED SESSION AT 4:13 P.M.
WE'RE RECONVENING THE MEETING AT 4:56 P.M..
DO WE HAVE A MOTION? I HAVE A MOTION BY MR. MARTINEZ. SIR, WHAT'S YOUR MOTION? THANK YOU. MADAM PRESIDENT, LET ME FIRST SAY THAT AS A BOARD, WE RECOGNIZE THAT THERE IS SENSITIVITY AROUND THIS ISSUE TODAY.
THE ISSUES BEFORE THE SCHOOL BOARD ARE OR WHETHER BOARD POLICIES AND ADMINISTRATIVE PROCEDURES WERE CORRECTLY APPLIED TO THE GRIEVANCE AND WHETHER THE ADMINISTRATION HAS VIOLATED THOSE PROCEDURES.
I HAVE A MOTION FROM MR. MARTINEZ AND A SECOND BY MR. CAMPO. IS THERE ANY FURTHER DISCUSSION? PLEASE VOTE.
THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.