1 00:00:01,970 --> 00:00:03,510 Good evening. 2 00:00:05,810 --> 00:00:08,990 This meeting is now called to order at 5 o'clock. 3 00:00:11,460 --> 00:00:14,680 I would like to ask everyone to please silence 4 00:00:14,680 --> 00:00:22,260 all cell phones. A quorum of the board members is present in the auditorium. I am board member 5 00:00:22,260 --> 00:00:27,940 at your cologne and I will preside over tonight's meeting. I am joined by board members, Karen 6 00:00:27,940 --> 00:00:29,980 and Duffy, and Marty Gousen. 7 00:00:32,080 --> 00:00:34,800 Our first order of business is to hear from speakers 8 00:00:34,800 --> 00:00:36,280 to agenda items. 9 00:00:37,000 --> 00:00:38,840 Public comment during school board meetings 10 00:00:38,840 --> 00:00:40,080 will only be available 11 00:00:40,520 --> 00:00:43,280 to those persons who have signed up to speak prior 12 00:00:43,280 --> 00:00:46,220 to the meeting time for current protocol. 13 00:00:46,980 --> 00:00:49,120 Verbal and other disruptions by persons 14 00:00:49,120 --> 00:00:52,100 during the school board meetings are not acceptable 15 00:00:52,640 --> 00:00:56,720 as they inhibit the board's ability to conduct business 16 00:00:56,720 --> 00:00:59,700 and the public's ability to observe those processes. 17 00:01:00,460 --> 00:01:02,300 Person who participate in such behavior 18 00:01:02,300 --> 00:01:03,720 will be given one warning, 19 00:01:04,300 --> 00:01:05,580 and if the behavior is repeated, 20 00:01:06,300 --> 00:01:08,140 they will be asked to leave the meeting. 21 00:01:09,400 --> 00:01:11,000 We have four registered speakers 22 00:01:11,480 --> 00:01:14,700 who will be limited to two minutes each per board policy. 23 00:01:15,540 --> 00:01:18,520 We ask that you stay on topic and reframe 24 00:01:18,520 --> 00:01:21,920 from naming individuals, especially students. 25 00:01:23,400 --> 00:01:25,920 As their identity is protected on their law. 26 00:01:25,920 --> 00:01:28,480 But you may name your own child. 27 00:01:29,440 --> 00:01:32,140 I ask that you please respect our procedures, 28 00:01:33,040 --> 00:01:35,860 and the other speakers and your comments promptly 29 00:01:35,860 --> 00:01:40,280 when your time has expired and the timer rings. 30 00:01:41,220 --> 00:01:45,020 Speakers please come to the podium in your number order 31 00:01:45,020 --> 00:01:47,480 and stay your name and topic. 32 00:01:52,860 --> 00:01:53,500 Do we have any speakers? 33 00:01:54,060 --> 00:01:56,260 I don't believe any speakers have signed in. 34 00:01:56,580 --> 00:01:59,100 Are there any speakers who've signed up for public comment here? 35 00:02:00,320 --> 00:02:06,730 speakers going once speakers going twice which I'll proceed 36 00:02:09,770 --> 00:02:11,810 that concludes our public comment 37 00:02:11,810 --> 00:02:16,650 period we will now conduct the hearings schedule for this meeting 38 00:02:25,610 --> 00:02:27,430 the purpose of this meeting 39 00:02:27,430 --> 00:02:32,810 is to consider the recommendation of the independent hearing examiner in the matter of the 40 00:02:32,810 --> 00:02:39,350 Keisha Manifee teacher at Fondrand Middle School hearings involving complaints against district 41 00:02:39,350 --> 00:02:45,190 employees are to be held in closed session, only the employee who is the subject of the hearing 42 00:02:45,190 --> 00:02:51,950 requests and open hearing. A both parties request an open session during the hearing, the board 43 00:02:51,950 --> 00:02:57,170 may go into closed session to consult with its attorney under the terms of Texas Government code 44 00:02:57,170 --> 00:03:05,670 section 551.081. If any board member wishes to seek the advice of council, please let me know. 45 00:03:06,570 --> 00:03:11,910 For the record, James Fallon, of the law office, of James Fallon, is representing 46 00:03:11,910 --> 00:03:14,370 Laquiche of NFI, who is also present. 47 00:03:16,490 --> 00:03:17,770 Laquiche is also present. 48 00:03:18,610 --> 00:03:23,690 Ashley Yee, H.I.A. Z. Assistant General Counsel representing the administration, is present, 49 00:03:24,650 --> 00:03:28,710 and Katoshia Woods, H.I.A. Z. General Counsel, is also present. 50 00:03:29,670 --> 00:03:33,410 Ms. Manifid, do you wish to continue in open or close session? 51 00:03:38,150 --> 00:03:38,810 The 52 00:03:46,100 --> 00:03:52,360 issues before the school board are whether to accept reject or change the independent hearing 53 00:03:52,360 --> 00:03:58,880 examiners' findings of fact, conclusion of law, and proposal based on a review of the record. 54 00:03:59,680 --> 00:04:05,260 We may reject or change a finding of fact after a review on the record of the proceedings 55 00:04:05,260 --> 00:04:12,080 before the hearing examiner, we find it is not supported by substantial evidence. If we reject 56 00:04:12,080 --> 00:04:17,760 the independent hearing examiner's recommendation or make any changes, we must state the 57 00:04:17,760 --> 00:04:25,180 reason and legal basis in writing. Miss Yi, you will proceed first, you would be allowed to 58 00:04:25,180 --> 00:04:31,560 make 10 minutes presentation to the board, followed by a 10 minute presentation by Mr. Fallen. 59 00:04:32,160 --> 00:04:38,340 Ms. He, you may reserve part of your 10 minutes for rebuttal to matters presented by Mr. 60 00:04:38,540 --> 00:04:44,080 Fallen. Both sides shall be available for questions from the board after their respective presentations. 61 00:04:45,100 --> 00:04:49,200 Ms. He, how would you like to divide your time in making your presentation to the board? 62 00:04:54,310 --> 00:04:56,850 Eight minutes for the presentation to a minutes for rebuttal. 63 00:04:57,250 --> 00:04:58,150 Thank you so much. 64 00:05:00,530 --> 00:05:03,050 All right, 65 00:05:07,140 --> 00:05:14,540 good evening, board members. Joining me today, I have the key at Jackson and Ms. Jackson is the principal at fondron middle school. 66 00:05:14,840 --> 00:05:27,820 And we are here tonight asking the board to uphold the independent hearing examers recommendation to dismiss mismetives request for a chapter 21 appeal hearing for lack of jurisdiction. 67 00:05:27,820 --> 00:05:42,400 The facts here are straightforward, mismanipy had received a written notice by this board proposing the termination of her probationary contract and the letter dated January 16 of 2026. 68 00:05:43,360 --> 00:05:56,600 Now, under the Texas Education Code Section 21.2538, a teacher must file a written request for a hearing under Chapter 21, sub Chapter F, 69 00:05:56,600 --> 00:06:03,960 With the commissioner no later than the 15th day after the teacher receives written notice 70 00:06:03,960 --> 00:06:10,840 of the proposed action. Ms. Manipy claimed that she received her letter on February 12th 71 00:06:10,840 --> 00:06:17,380 of 2026 when she picked it up at the post office. So 15 days from this date would have given her 72 00:06:17,380 --> 00:06:26,260 a deadline of February 27th, 2026. But she did not request for a chapter 21 hearing by the deadline. 73 00:06:26,600 --> 00:06:35,620 It was not until April 17, 2026, approximately seven weeks after the statutory deadline has passed, 74 00:06:35,940 --> 00:06:39,560 that Ms. Menophee requested for Chapter 21 hearing. 75 00:06:41,040 --> 00:06:49,820 Now, Ms. Menophee attempts to avoid this deadline by pointing to a different filing that she had made earlier on February 19, 76 00:06:50,040 --> 00:06:54,300 which was a petition for review that she had directly filed with a commissioner 77 00:06:54,300 --> 00:07:01,490 under Texas Education Code Section 7.057, which concerned her grievance. 78 00:07:02,380 --> 00:07:07,440 But this filing did not preserve nor did it invoke her chapter 21 jurisdiction. 79 00:07:08,220 --> 00:07:12,020 It did not request the appointment of an independent hearing examiner, 80 00:07:12,460 --> 00:07:19,060 and it did not comply with the statutory procedures that govern a proposed termination under chapter 21. 81 00:07:19,060 --> 00:07:27,780 More importantly, Section 7.057, expressly, does not apply to cases governed by Chapter 21, 82 00:07:28,140 --> 00:07:28,960 Subjector G. 83 00:07:29,620 --> 00:07:36,160 And the commissioner has recognized the distinction in the filings in Hendrix E. Dallas, ISD, 84 00:07:36,400 --> 00:07:40,360 and also in Nazar B. First U.S. Bedford, ISD. 85 00:07:40,680 --> 00:07:46,560 Explained that the termination of an educator during the contract term must proceed 86 00:07:46,560 --> 00:07:50,800 through the procedures established under Chapter 21. 87 00:07:52,080 --> 00:07:55,780 Now following a telephone conference with the administrative law judge, 88 00:07:56,540 --> 00:07:59,740 concerning her section 7.057 petition, 89 00:08:00,360 --> 00:08:04,960 this meant that you had acknowledged that there is a distinction between these two 90 00:08:04,960 --> 00:08:05,520 by-lings. 91 00:08:06,220 --> 00:08:09,740 Judge butcher specifically stated that a sub-Chapter F, hearing, 92 00:08:10,120 --> 00:08:12,780 is not initiated through an amended, 93 00:08:12,780 --> 00:08:20,680 did, pleading in Section 7.057 appeal, but through a separate request for a hearing filed 94 00:08:20,680 --> 00:08:25,000 with a commissioner, and you can find the ALJ's order and exhibit G. 95 00:08:25,860 --> 00:08:33,600 Now this separate chapter 21 request, again, was not made until April 17, well after the 96 00:08:33,600 --> 00:08:40,160 February 27th, statutory deadline, and so mismancipated therefore to not use her timely 97 00:08:40,160 --> 00:08:48,900 section 7.0 by 7 filing to cure her timely, untimely, chapter 21, or plus, through an amendment. 98 00:08:49,720 --> 00:08:55,800 And even assuming that this amendment was otherwise permissible, the commissioner decisions have 99 00:08:55,800 --> 00:09:02,880 recognized that a party cannot use an amendment filed after the statutory deadline to circumvent 100 00:09:02,880 --> 00:09:06,440 the Legislature's mandatory procedural requirements. 101 00:09:07,200 --> 00:09:14,200 The Legislature has specifically created procedures and deadlines for chapter 21 hearings. 102 00:09:15,060 --> 00:09:18,620 So a timely filing under a different statutory procedure, 103 00:09:19,060 --> 00:09:23,280 then cannot substitute a timely chapter 21 hearing loss 104 00:09:23,280 --> 00:09:28,340 but the Legislature expressly requires allowing this amendment then 105 00:09:28,340 --> 00:09:32,040 would effectively erase that statutory deadline and create jurisdiction 106 00:09:32,040 --> 00:09:37,640 for none exists. For these reasons, the administration respectfully request that this board 107 00:09:37,640 --> 00:09:42,640 upholds it into penny hearing zamers recommendation and dismiss this amount of each chapter 21 108 00:09:42,640 --> 00:09:47,960 request for a hearing for lack of jurisdiction. Thank you and I'll reserve the rest of my time. 109 00:09:50,190 --> 00:09:56,870 Thank you. Mr. Fallon, you may thank your presentation to the board. Please remember that you have 110 00:09:56,870 --> 00:09:58,750 10 minutes. Thank you so much. 111 00:10:02,290 --> 00:10:32,270 I would like to introduce myself, my name is Dr. Location Minifee. Mr. Fallen will be representing me. I would also like to just say that I am a veteran educator. I've been an educator for 20 plus years. I've been a teacher. I've been a principal. I've worked alongside Mr. Colone as a Chief Academic Officer at the Hornet Public Schools. Prior to even working as a teacher at Fundra Middle School, I also had a grant from the Texas Education Act 112 00:10:32,270 --> 00:10:39,310 agency where I provided a after-school program at Fundrum Middle School and the students at 113 00:10:39,310 --> 00:10:43,610 Fundrum Middle School won a drawing competition, they won a second place in a drawing 114 00:10:43,610 --> 00:10:49,350 competition. I have a proven track record of success. I've also, I know that the board 115 00:10:49,350 --> 00:10:56,630 took over HISD because of certain successes at Wheatley High School and I was a dean of instruction 116 00:10:56,630 --> 00:11:01,630 in a weekly high school and we were able to achieve mathematics success at 117 00:11:01,630 --> 00:11:04,630 weekly high school. I want to say I was the first dean at 118 00:11:04,630 --> 00:11:10,310 weekly high school to allow them to win, I mean, earn, instead of money for 119 00:11:10,310 --> 00:11:15,370 their math scores. I've also served as a science coach and I've written 120 00:11:15,370 --> 00:11:20,490 curriculum for HISD, the schools that I've worked with in HISD, they've 121 00:11:20,490 --> 00:11:25,970 all received at least 20% science increase in their scores for their 122 00:11:25,970 --> 00:11:29,350 and schoolers over the time that I've worked with them. 123 00:11:29,510 --> 00:11:32,230 I have a proven shraker record of success. 124 00:11:32,870 --> 00:11:37,970 In addition to that, the rationale for the termination, 125 00:11:39,570 --> 00:11:43,350 I submitted documentation to say that those things needed 126 00:11:43,350 --> 00:11:44,390 to be evaluated. 127 00:11:45,210 --> 00:11:49,390 And in addition to the things that you have stated, 128 00:11:50,150 --> 00:11:51,990 there are certain things that were stated 129 00:11:51,990 --> 00:11:54,230 in terms of what the hearing officer stated. 130 00:11:54,230 --> 00:11:58,430 and the rationale for things that will be denied. 131 00:11:58,710 --> 00:12:01,670 I want to say that those things need to be reevaluated 132 00:12:01,670 --> 00:12:02,930 for the record. 133 00:12:02,970 --> 00:12:06,510 I want agree with everything that she stated 134 00:12:06,510 --> 00:12:09,230 that this is what the hearing officer stated. 135 00:12:09,650 --> 00:12:13,630 And I would challenge and encourage the board to go back 136 00:12:13,630 --> 00:12:20,390 and request that they examine the recordings of those meetings. 137 00:12:20,390 --> 00:12:27,570 because I cannot confirm everything that Ms. Yee just stood here and said, or the record. 138 00:12:28,090 --> 00:12:32,750 And with all of that being said, I will yield the rest of my time to Mr. Fallon. 139 00:12:33,190 --> 00:12:33,730 Thank you. 140 00:12:35,720 --> 00:12:39,160 Thank you, Dr. Manifee. Ms. Yee, Ms. Woods, members of the board. 141 00:12:40,080 --> 00:12:40,980 Thank you for your time. 142 00:12:42,300 --> 00:12:44,840 I'm James Fallon. It's good to see you this evening. 143 00:12:45,840 --> 00:12:52,100 This chapter 21 appeal is unlike other chapter 21 appeals that you will see. 144 00:12:52,100 --> 00:12:57,800 This is really an appeal based on a ruling made by the hearing examiner in the case. 145 00:12:58,300 --> 00:13:03,160 And so he issued a ruling in response to HSD's plea to the jurisdiction, 146 00:13:03,220 --> 00:13:06,460 otherwise known as a motion to dismiss for lack of jurisdiction. 147 00:13:07,340 --> 00:13:11,500 And so, you know, but before I begin that, 148 00:13:11,500 --> 00:13:16,500 you got a brief introduction to Dr. Manify based on the items in the record. 149 00:13:16,520 --> 00:13:20,100 I can tell you a couple things about her other than what you've heard. 150 00:13:20,100 --> 00:13:22,180 She's a 24-year educator. 151 00:13:22,960 --> 00:13:28,780 She's had 15 years of education in the life science classroom and she's spent nine years 152 00:13:28,780 --> 00:13:30,260 in administrative leadership. 153 00:13:31,020 --> 00:13:34,780 She's been an HSD prior to this most recent round. 154 00:13:35,120 --> 00:13:42,400 She was in from 2003 to 2012, but here recently she came back in the district under a probationary 155 00:13:42,400 --> 00:13:44,440 contract for the 2526 school year. 156 00:13:44,560 --> 00:13:45,680 So that's how we got here. 157 00:13:45,680 --> 00:13:52,660 And so she received a notice of nominal according to the record on February 12th. 158 00:13:52,860 --> 00:13:58,240 The normal procedure would be to file in a portal on the Texas Education Agency 159 00:13:58,240 --> 00:14:03,000 and make a request for a hearing examiner where the requirements are to make that request 160 00:14:03,000 --> 00:14:05,540 and to provide a copy of your notice letter. 161 00:14:06,340 --> 00:14:10,800 Dr. Manify, at the time, was not represented by a lawyer, so she filed her own appeal. 162 00:14:10,800 --> 00:14:18,060 And so, when she filed it, she filed using the portal, she attached to copy of her notice 163 00:14:18,060 --> 00:14:18,640 of nominal. 164 00:14:19,080 --> 00:14:25,920 By the way, she received on February 12th, her filing was on February 19th. 165 00:14:26,540 --> 00:14:29,460 So, filed within a time period that would have been within the 15 days. 166 00:14:29,480 --> 00:14:30,900 It was within the 15 days. 167 00:14:31,680 --> 00:14:35,800 And it was a document called an appeal for review. 168 00:14:37,020 --> 00:14:46,800 So, but Dr. Manify being a smart woman but not being a lawyer did not ask in a direct way for a chapter 21 hearing examiner. 169 00:14:48,380 --> 00:14:56,020 And so, and so our journey begins. Whenever she filed, she filed referencing 7.057 of the education code. 170 00:14:56,740 --> 00:14:59,980 And when it got to TA, it got diverted over instead of to a hearing exam. 171 00:15:01,080 --> 00:15:22,180 We call an administrative law judge, an ALJ. So even at the TAA level, you don't get away from a bunch of letters to describe everything you're doing. But we leave the IHE, they put her away from the IHE into the ALJ. And the administrative law judge had the case pending until April 17th, and they had a pretrial conference in the matter. 172 00:15:22,180 --> 00:15:26,700 And at the time that the pre-shaw accommodate occurred, it was brought to Dr. 173 00:15:26,780 --> 00:15:33,760 Menofee's attention that that that filing was not sufficient to get her a hearing 174 00:15:33,760 --> 00:15:34,340 examiner. 175 00:15:34,780 --> 00:15:40,300 So she turned around that day immediately and filed within the same portal, something 176 00:15:40,300 --> 00:15:43,460 that directly asked for an independent hearing examiner. 177 00:15:44,180 --> 00:15:50,380 So once that was filed, the T.A. granted the request for a hearing examiner and then we 178 00:15:50,380 --> 00:15:51,500 have the proceedings. 179 00:15:51,500 --> 00:15:53,060 And that's what we're here in review. 180 00:15:53,200 --> 00:15:55,280 So all that's just procedurally how we got here. 181 00:15:55,640 --> 00:15:56,780 So we've got a form in this left. 182 00:15:56,920 --> 00:15:58,440 Let me, let me, let me try to get through this quickly, 183 00:15:58,780 --> 00:16:00,160 but also efficiently. 184 00:16:01,900 --> 00:16:03,620 HST's lawyer's file, the plea to the jurisdiction, 185 00:16:03,880 --> 00:16:06,640 saying, hey, April 17th is an untimely filing. 186 00:16:07,180 --> 00:16:09,900 Our response in some is this. 187 00:16:10,400 --> 00:16:11,820 Dr. Manifu, he was pro-say. 188 00:16:12,060 --> 00:16:13,420 She didn't have the benefit of lawyer. 189 00:16:13,880 --> 00:16:16,600 She met with substantial compliance with the statute. 190 00:16:16,960 --> 00:16:18,600 She filed what she filed. 191 00:16:20,600 --> 00:16:28,440 her appeal for review within a 15 days, she attached to copy the notice letter, what should 192 00:16:28,440 --> 00:16:33,280 have happened is the T.E.A. should have sent it to a hearing examiner because it was from 193 00:16:33,280 --> 00:16:38,840 all those things together, the timing of it coupled with the attachment of the notice letter, 194 00:16:39,780 --> 00:16:44,580 should have been at least enough of an indication to them to provide it to refer to a hearing 195 00:16:44,580 --> 00:16:52,280 But they didn't do that, for whatever reason they chose to deal with it with the ALJ, and that decision delayed 196 00:16:52,280 --> 00:16:56,940 Dr. Manify from understanding that they wanted to file a different way. 197 00:16:57,840 --> 00:17:04,060 So there are, I'm here arguing that there are strong equity considerations in this case. 198 00:17:04,320 --> 00:17:08,140 That should be considered. The judge rejected those arguments. 199 00:17:08,140 --> 00:17:15,980 We wrote a brief, we had some argument, the judge rejected those arguments, and so that is what I would like for you to consider. 200 00:17:16,680 --> 00:17:22,880 Dr. Menofee just once her day in court, and she wants to have somebody look at the facts of the allegations in the case, 201 00:17:23,220 --> 00:17:29,740 and she was never able to get that because of a filing that was made by her before she was represented by an attorney. 202 00:17:29,740 --> 00:17:35,760 And so, there's many instances in the law where a pro-Said defendant is given the benefit 203 00:17:35,760 --> 00:17:37,500 of the doubt in cases. 204 00:17:38,260 --> 00:17:42,160 And so that is essentially our equity argument. 205 00:17:42,680 --> 00:17:48,700 We would like for you board members to consider those filings as my position that her original 206 00:17:48,700 --> 00:17:54,960 filing was sufficient under the law to be the kind of request that should have given her a chapter 207 00:17:56,440 --> 00:18:02,380 But that decision wasn't made until after she filed a second time in April and that's what I would like for you to consider. 208 00:18:07,090 --> 00:18:07,870 I appreciate your time. 209 00:18:08,550 --> 00:18:08,930 Thank you. 210 00:18:11,600 --> 00:18:11,880 Thank you. 211 00:18:12,820 --> 00:18:15,160 Missy, do you wish to make a rebuttal statement? 212 00:18:17,460 --> 00:18:18,000 You have to move. 213 00:18:30,500 --> 00:18:32,460 What to clarify just two points here? 214 00:18:32,960 --> 00:18:42,320 First, we are not here at this hearing to contest the material fact of her underlying reasons for termination that being in subordination and excessive absences. 215 00:18:42,320 --> 00:18:44,300 That is not why we are here today. 216 00:18:44,520 --> 00:18:48,420 That would have again gone through the chapter 21 hearing process. 217 00:18:49,240 --> 00:18:58,840 And in disagreement with Mr. Fallon, I don't believe this is a different chapter 21 request from any other request that any other teacher has filed with the TA. 218 00:18:59,180 --> 00:19:10,340 Every other teacher has filed and a request through the proper procedures within the statutory deadlines that are given to them through our notice hearings. 219 00:19:10,340 --> 00:19:16,880 And so just briefly, I like to just read the first part that we include in our board 220 00:19:16,880 --> 00:19:19,820 notices when it comes to terminations to all of our teachers. 221 00:19:20,380 --> 00:19:25,560 And at the very second page, where is this appeal procedure, we do state that in accordance 222 00:19:25,560 --> 00:19:33,660 with Section 21.251 at seek at the Texas Education Code in H.I.S.D. policies, D.F.C.A. 223 00:19:33,900 --> 00:19:38,440 legal, D.F.D. legal, and D.F.D. local, you are hereby advised that you have the right 224 00:19:38,440 --> 00:19:42,420 to protest the proposed termination by submitting a written request 225 00:19:42,420 --> 00:19:44,540 for a hearing to the commissioner of education. 226 00:19:45,260 --> 00:19:47,620 The notice is clear, the statute is clear. 227 00:19:48,160 --> 00:19:50,880 Ms. Manavita, did not file a timely chapter 228 00:19:50,880 --> 00:19:51,820 2021 request. 229 00:19:52,240 --> 00:19:53,140 Thank you. 230 00:19:55,020 --> 00:19:59,960 Thank you, no, no, no, I'm sorry, EEE. 231 00:20:00,000 --> 00:20:02,580 Is your time? Sorry. 232 00:20:05,610 --> 00:20:09,150 The parties have completed their presentations, and it is now time for board members 233 00:20:09,150 --> 00:20:14,990 to make our decisions on the issues before us. Is there any discussion? Any questions? 234 00:20:18,950 --> 00:20:25,130 I have a quick question. What prompted the April 17th file? 235 00:20:36,400 --> 00:20:45,020 When we had the pre-here in conference with the ALJ, the question was brought up about the 236 00:20:45,020 --> 00:20:53,180 timely filing and in that conference attorney, he did make the statement, yes, Dr. 237 00:20:53,380 --> 00:20:57,260 Minifey did submit her information on time. 238 00:20:57,260 --> 00:21:04,420 Therefore, the A.L.J. gave me the opportunity to resubmit the documents. 239 00:21:05,840 --> 00:21:11,920 So attorney Yee admitted in that conference that I submitted it on time. 240 00:21:12,500 --> 00:21:19,240 So therefore, I was extremely confused how all of a sudden it wasn't submitted on time after the fact. 241 00:21:19,240 --> 00:21:27,080 That's why I initially when I stood up, I said, I encourage the board to go back and get the 242 00:21:27,080 --> 00:21:34,760 recording of that February meeting because attorney Yee did say that I submitted the information 243 00:21:34,760 --> 00:21:36,360 on time in February. 244 00:21:37,520 --> 00:21:41,620 So that's what prompted me to submit the April 17th finally. 245 00:21:43,740 --> 00:21:49,000 That's what prompted me to submit the April 5th because she did agree that I submitted it 246 00:21:50,920 --> 00:21:52,360 Thank you. 247 00:21:52,480 --> 00:21:53,500 Any other questions? 248 00:21:54,520 --> 00:21:54,920 Any other questions? 249 00:21:55,580 --> 00:21:55,920 Thank you. 250 00:21:56,520 --> 00:22:02,900 Well, the board will now resist to close session on the chapter 551 of the Texas Government 251 00:22:02,900 --> 00:22:04,580 Code, Open Meetings Act. 252 00:22:04,860 --> 00:22:10,900 Subsections 551.004 through 551.089. 253 00:22:11,600 --> 00:22:17,640 Should board final action vote or decision on any matter considered in the close? 254 00:22:17,640 --> 00:22:32,660 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. 255 00:22:32,660 --> 00:22:37,460 The board has reset to close session at 5.22. 256 00:22:38,800 --> 00:22:41,500 PM on August 27, 2020. 257 00:22:43,540 --> 00:22:48,520 Thank you, the special meeting of the school board of the Houston Independent School District 258 00:22:48,520 --> 00:22:58,410 is now reconvened in open section. The time now is 534 p.m. Do I have a motion? 259 00:22:59,250 --> 00:23:04,230 Yes, I move that we adopt the decision and recommendation of the independent hearing examiner, 260 00:23:04,530 --> 00:23:08,750 adopt the findings of fact and conclusions of law recommended by the independent hearing 261 00:23:08,750 --> 00:23:11,470 phenomena and dismiss this matter for lack of jurisdiction. 262 00:23:12,550 --> 00:23:14,050 We will have a second. 263 00:23:20,570 --> 00:23:24,730 We have a motion by board member Duffy and a second by board member Gousen. 264 00:23:25,610 --> 00:23:26,830 Is there any further discussion? 265 00:23:27,830 --> 00:23:28,470 Hearing none. 266 00:23:29,130 --> 00:23:29,710 Please vote. 267 00:23:44,880 --> 00:23:45,860 Voting has closed. 268 00:23:46,340 --> 00:23:47,460 The motion passes. 269 00:23:49,830 --> 00:23:51,390 The board has voted. 270 00:23:52,550 --> 00:23:53,310 Two four. 271 00:23:53,610 --> 00:23:55,310 Seer against one abstention. 272 00:23:58,310 --> 00:24:01,670 A letter notifying both parties of the action of the board shall be prepared. 273 00:24:01,670 --> 00:24:06,430 and signed by the Executive Director of Board Relations as soon as possible. 274 00:24:06,930 --> 00:24:11,050 This hearing is concluded at 536 p.m. 275 00:24:20,180 --> 00:24:20,940 Thank you. 276 00:24:45,310 --> 00:24:47,590 We're moving now on to the next hearing. 277 00:24:49,210 --> 00:24:54,370 The purpose of this hearing meeting is to consider the recommendation of the independent hearing examiner 278 00:24:54,370 --> 00:24:58,890 in the matter of Maria del Rosario Rodriguez, teacher, gross elementary. 279 00:25:00,000 --> 00:25:09,140 Hearings involving complaints against district employees are to be held in closed session, unless the employee who is a subject of the hearing requests and open hearing. 280 00:25:10,040 --> 00:25:23,060 If both parties request an open session during the hearing, the board may go into closed session to consult with it. It's a turning on the deterrence of the Texas government co section 551.071. 281 00:25:23,060 --> 00:25:28,700 If any board member wishes to seek the advice of Council, please let me know. 282 00:25:29,460 --> 00:25:33,300 For the record, Maria de Rosario Rodriguez is present. 283 00:25:34,960 --> 00:25:40,260 Amir Roji, HIs the Assistant General Council representing the Administration is present 284 00:25:40,260 --> 00:25:46,000 and Catosia Woods, HIs the General Council is also present. 285 00:25:46,740 --> 00:25:49,800 Mr. Rodriguez, do you wish to continue in open or close session? 286 00:25:50,640 --> 00:25:52,140 Open session, thank you so much. 287 00:25:52,140 --> 00:25:52,920 The 288 00:26:00,600 --> 00:26:05,420 issues before the school board are whether to accept reject or change the independent 289 00:26:05,420 --> 00:26:12,020 hearing examiners findings of fact, conclusions of law and proposal based on a review of 290 00:26:12,020 --> 00:26:18,560 the record. We may reject or change a finding of fact, if, after review, the record of 291 00:26:18,560 --> 00:26:24,080 the proceedings before the hearing examiner, we find it is not supported by substantial evidence. 292 00:26:24,080 --> 00:26:30,760 If we reject the independent hearing examiner's recommendation or make any changes, we must 293 00:26:30,760 --> 00:26:38,140 state the reason and the legal basis in writing. Mr. Ruhi, you will proceed first. 294 00:26:38,460 --> 00:26:44,360 You will be allowed to make a 10-minute presentation to the board, followed by a 10-minute 295 00:26:44,360 --> 00:26:51,240 presentation by Mr. Ruhi. Mr. Ruhi, you may research part of your 10 minutes for 296 00:26:51,240 --> 00:26:54,760 we bottle to matters presented by Mr. Dregas. 297 00:26:55,400 --> 00:26:58,200 Both sides shall be available for questions from the board 298 00:26:58,200 --> 00:27:01,140 after the respective presentations. 299 00:27:02,300 --> 00:27:03,840 Mr. Ruhid, do you? 300 00:27:03,900 --> 00:27:05,800 How would you like to divide your time 301 00:27:05,800 --> 00:27:10,320 in making your presentation to the board, okay? 302 00:27:10,840 --> 00:27:13,540 Eight minutes for presentation to a minute for a free bottle. 303 00:27:14,300 --> 00:27:15,180 You may begin. 304 00:27:20,480 --> 00:27:20,900 Good afternoon. 305 00:27:21,580 --> 00:27:24,500 Today, I'm joined by Tracy Hart Jackson, 306 00:27:24,640 --> 00:27:26,420 who is currently the Executive Director 307 00:27:26,420 --> 00:27:32,680 of instruction, but who at the time of this occurrence was the principal at Goose Elementary School. 308 00:27:34,480 --> 00:27:38,260 The administration is here to ask you to uphold the T.A. Independent Hearing Officers' 309 00:27:38,860 --> 00:27:43,100 recommendation to run on-renew Mr. Rodriguez's 25-26 term contract. 310 00:27:43,720 --> 00:27:48,700 Mr. Rodriguez was non-renewed for good cause solely on the basis of her excessive absences 311 00:27:48,700 --> 00:27:52,380 and her failure to follow the district's attendance policies and procedures. 312 00:27:52,380 --> 00:28:03,360 This violates multiple HIsD attendance policy, I'm sorry, by this multiple including board policy DH local exhibit 18 in your packet. 313 00:28:03,940 --> 00:28:10,360 That states that you must follow HIsD attendance policies standard 1.7 exhibit 19 in your packet. 314 00:28:10,860 --> 00:28:18,940 That states an employ must comply with written local board policies and DEC8 regulation, which is exhibit 21 in your packet. 315 00:28:18,940 --> 00:28:23,300 for applying for, to qualify for a family medical leave, 316 00:28:23,560 --> 00:28:25,540 a sought leave, temporary disability leave, 317 00:28:25,800 --> 00:28:27,380 or the supplemental sick leave bank. 318 00:28:28,460 --> 00:28:31,540 As HISD's assault and analyst Kelsey Gage explains 319 00:28:31,540 --> 00:28:34,360 on page 20 of the transcript you have before you, 320 00:28:34,680 --> 00:28:35,860 starting on 916. 321 00:28:36,440 --> 00:28:38,660 Ms. Rodriguez's doctor stated that she was approved 322 00:28:38,660 --> 00:28:42,840 to go back to work on December 22nd of 2025. 323 00:28:43,560 --> 00:28:46,380 Ms. Rodriguez then provided another doctor's note 324 00:28:46,380 --> 00:28:50,260 that allowed her to return to work on January 8th, 2026. 325 00:28:51,320 --> 00:28:54,740 Mr. Rodriguez did not return to work after either date. 326 00:28:55,500 --> 00:28:59,980 She continued to accumulate unpaid days as you can see from her absence history report 327 00:28:59,980 --> 00:29:08,100 in your packet under exhibit three. She accumulated 34 days, 24 unpaid days after she was given 328 00:29:08,100 --> 00:29:13,380 the all-clear from her doctor. Mr. Rodriguez further claim that she was injured at work 329 00:29:13,380 --> 00:29:15,480 and that it was why she did not come back to work. 330 00:29:16,420 --> 00:29:18,980 As you can see on page 25 of your transcript, 331 00:29:19,240 --> 00:29:20,860 Mr. Riddier's was denied assault leave, 332 00:29:21,200 --> 00:29:24,020 because HRSD did not receive the proper documentation 333 00:29:24,020 --> 00:29:25,580 from Mr. Riddier's. 334 00:29:25,900 --> 00:29:27,200 As you can tell from the transcript, 335 00:29:27,500 --> 00:29:30,640 HRSD tried numerous times and numerous methods 336 00:29:30,640 --> 00:29:32,540 to obtain the necessary paperwork 337 00:29:32,540 --> 00:29:36,600 to try and see if she qualified for assault leave, 338 00:29:37,360 --> 00:29:38,220 all to no avail. 339 00:29:39,160 --> 00:29:42,100 Under board policy, the EEC local and the ECH 340 00:29:42,100 --> 00:29:49,460 Teachers are a lot at five state, personally days, and five local personal days at the beginning of every school year. 341 00:29:49,840 --> 00:29:55,280 Importantly, according to the ECA Regulation, regardless of the amount of leave in an employee's lead bank, 342 00:29:55,740 --> 00:29:59,180 no employee may be absent from more than 15 days. 343 00:30:00,000 --> 00:30:12,420 Perth fiscal year. Employees may not use unpaid, may not use unpaid days, and shall be subject to disciplinary action, up to an including termination, once they exhaust all paid, leave days. 344 00:30:12,420 --> 00:30:20,760 Ms. Rodriguez accumulated 46 total absences, 36.5 of which were unpaid, and, as I mentioned 345 00:30:20,760 --> 00:30:26,100 earlier, these unpaid days were not protected by a FMLA or any other kind of protected 346 00:30:26,100 --> 00:30:26,560 leaf. 347 00:30:27,560 --> 00:30:30,720 This is the direct violation of the ECE8 regulation. 348 00:30:31,600 --> 00:30:35,660 Ms. Rodriguez has given multiple opportunities to apply for the various leaves and protections 349 00:30:35,660 --> 00:30:36,880 that HIsD offers. 350 00:30:36,880 --> 00:30:39,100 When she didn't provide the correct paperwork, 351 00:30:39,340 --> 00:30:41,500 HRSD reached out to get the paperwork. 352 00:30:42,160 --> 00:30:43,860 HRSD didn't receive anything, 353 00:30:43,900 --> 00:30:45,860 no matter how many times we asked for it, 354 00:30:45,860 --> 00:30:48,020 in any way that we asked for it. 355 00:30:48,520 --> 00:30:50,400 It should be noted that the independent hearing officer 356 00:30:50,400 --> 00:30:54,160 found in her conclusions of law that HRSD correctly identified 357 00:30:54,160 --> 00:30:57,320 that Ms. Rodriguez was ineligible for FMLA, 358 00:30:57,480 --> 00:30:59,440 assault leave, or temporary disability. 359 00:31:00,500 --> 00:31:02,040 I should also point out that Ms. Rodriguez 360 00:31:02,040 --> 00:31:05,380 knows the process to apply for and get FMLA 361 00:31:05,380 --> 00:31:09,160 because she had been approved for said leave the previous year. 362 00:31:10,060 --> 00:31:12,080 The independent hearing officer found that the district 363 00:31:12,080 --> 00:31:14,600 men had spurned a non-renewed Mr. Rodriguez's contract 364 00:31:14,600 --> 00:31:18,180 and found that the district proved by the hundreds of the evidence 365 00:31:18,180 --> 00:31:20,960 that Mr. Rodriguez violated HIs' deep policies 366 00:31:20,960 --> 00:31:23,180 and had good cause to terminate. 367 00:31:23,420 --> 00:31:26,360 Mr. Rodriguez's term contract pursuant to section 13 368 00:31:26,360 --> 00:31:31,940 of a term contract in the Texas Education Code section 21.211. 369 00:31:31,940 --> 00:31:37,460 Therefore, the administration would ask this board to uphold the hearing examiner's findings of that 370 00:31:37,940 --> 00:31:40,140 conclusions of law. Thank you. 371 00:31:43,810 --> 00:31:48,350 Thank you. Mr. Rodriguez, you may make your presentation to the board. 372 00:31:49,050 --> 00:31:50,450 Please remember, you have 10 minutes. 373 00:32:01,580 --> 00:32:05,480 Good evening. More members of you doing well today, Mr. Ronny. 374 00:32:06,200 --> 00:32:10,560 Happy to see you again. And to tell you a little bit about myself, 375 00:32:10,560 --> 00:32:15,900 I've been with HIV for close to 25 years. 376 00:32:16,960 --> 00:32:20,280 I started when I was very as a teacher assistant, 377 00:32:20,800 --> 00:32:23,840 and became a special education teacher. 378 00:32:25,020 --> 00:32:28,860 Okay. Throughout my years in history with HIV, 379 00:32:29,840 --> 00:32:31,100 I have numerous accomplishments. 380 00:32:31,100 --> 00:32:40,520 at when I was at when I obtained my first teaching position was at Wayne Roy 381 00:32:40,520 --> 00:32:44,620 Nell Elementary as a special education teacher. At that time I had 382 00:32:44,620 --> 00:32:49,700 Grace of Sex with students and teachers and with parents. I then moved 383 00:32:49,700 --> 00:32:54,420 on to Native Middle School. With it, when I started a West 384 00:32:54,420 --> 00:32:57,220 experience at the University of Houston's special education, I 385 00:32:57,220 --> 00:33:01,980 So kids come in in lacking something, lacking the understanding 386 00:33:01,980 --> 00:33:08,720 of how to obtain the tools needed to be a fantastic citizen 387 00:33:08,720 --> 00:33:09,840 for this country. 388 00:33:10,420 --> 00:33:11,520 So I said, let me look. 389 00:33:11,780 --> 00:33:14,740 So I started looking, my first position was elementary. 390 00:33:15,480 --> 00:33:18,220 And I said, no, these teachers are very concerned with them. 391 00:33:19,040 --> 00:33:19,680 Let me move. 392 00:33:20,000 --> 00:33:24,220 I went to the middle school as a co-teacher and research teacher. 393 00:33:24,220 --> 00:33:36,280 Well, I was there, my students, not only pass the start test in math English, some of them even pass the start test on math English science and social studies. 394 00:33:37,280 --> 00:33:39,660 They did 100% 360 turnaround. 395 00:33:41,480 --> 00:33:46,380 Also, during attending, a couple of my students exit the special education program. 396 00:33:47,460 --> 00:33:49,720 Everyone wondered how this happened. 397 00:33:50,920 --> 00:33:55,740 It wasn't in the myself, of course, it was a whole team working together to get the students 398 00:33:55,740 --> 00:33:58,180 to go and do what they needed to do. 399 00:34:01,380 --> 00:34:03,320 COVID came, and guess what? 400 00:34:04,040 --> 00:34:05,120 We came back, 401 00:34:07,150 --> 00:34:11,750 tell me, wish to them pass the start test with flying colors. 402 00:34:12,590 --> 00:34:17,010 My students, master in math. 403 00:34:19,100 --> 00:34:20,860 Do you think that did you like me? 404 00:34:21,280 --> 00:34:22,820 Would do something like that? 405 00:34:22,820 --> 00:34:39,140 Not only that, fine, I went to, right now on just, I went to the other school after that. 406 00:34:39,620 --> 00:34:41,680 After DD, I went to Patrick Hendry. 407 00:34:42,660 --> 00:34:48,380 Patrick Hendry, I didn't stay the whole year because I was already retiring. 408 00:34:49,240 --> 00:34:52,400 So at that time, I did retire in January first. 409 00:34:52,400 --> 00:34:58,580 And during my return, during the factory Henry. 410 00:35:03,180 --> 00:35:15,920 This is the last stroke. We are going into attorneys. We need to see what we can do with this student. Two months, this case 411 00:35:15,920 --> 00:35:18,180 have been dragging for three years. 412 00:35:23,490 --> 00:35:28,770 A set of the table with Mr. Basel and her team and their attorneys. 413 00:35:28,770 --> 00:35:33,950 attorneys at the desk, guess what happened during that time? 414 00:35:35,470 --> 00:35:39,690 I say, HIV from having a lawsuit. 415 00:35:40,870 --> 00:35:45,050 I say them two months, and I proved that this shall 416 00:35:45,050 --> 00:35:48,210 could do what nobody thought that he could do. 417 00:35:50,180 --> 00:35:51,600 That's what I did. 418 00:35:53,340 --> 00:35:54,620 From there, 419 00:35:57,540 --> 00:35:58,340 that's when I retire. 420 00:35:58,340 --> 00:36:08,780 then the state of Texas says, we need teachers, they contact me. I can. And I thought by 421 00:36:08,780 --> 00:36:18,380 them back I started October 17 of 2021. And I thought, okay, I retired and state of Texas 422 00:36:18,380 --> 00:36:24,960 is coming back. I said yes. They weren't going to pay me both. My retirement and my salary. 423 00:36:24,960 --> 00:36:33,580 you quoted it wrong. I didn't get no money. I got my salary, but I didn't get my retirement, 424 00:36:34,260 --> 00:36:40,120 but did I say anything? No, I continue working because I knew the state needed it. 425 00:36:42,240 --> 00:36:43,180 Not only that, 426 00:36:43,640 --> 00:36:50,040 I went and got hired. I went right elementary. I say teacher of record. 427 00:36:52,420 --> 00:36:53,820 Start test. 428 00:36:53,820 --> 00:37:02,220 To point out with a written component first year after COVID, guess how my students did. 429 00:37:03,400 --> 00:37:05,920 And I got sick at the end. 430 00:37:06,200 --> 00:37:09,020 As a matter of fact, I had surgery in June of that year. 431 00:37:14,370 --> 00:37:17,290 District level 7.5. 432 00:37:18,430 --> 00:37:21,230 Do you think I wanted to be absent? 433 00:37:24,790 --> 00:37:28,190 I just wanted the time to be able to recoup. 434 00:37:28,190 --> 00:37:34,730 and be able to do what I've done every single year for H.I.s.ing. 435 00:37:35,650 --> 00:37:45,150 It was in a game from you guys. Nothing, nothing for that was 436 00:37:47,260 --> 00:37:47,820 across. 437 00:37:49,020 --> 00:37:51,660 I was tired, I say, life skills teacher. 438 00:37:53,240 --> 00:38:03,220 You would think that the classroom will have computers, will have laptops, will have the tools that are needed. 439 00:38:03,220 --> 00:38:07,000 It was, no, nothing for we to teach the students' skills. 440 00:38:08,460 --> 00:38:13,780 There was no blender, no microwave, no dishes, no manipulative. 441 00:38:15,580 --> 00:38:15,960 Nothing. 442 00:38:17,280 --> 00:38:23,060 And then you have a classroom of those three buildings, one window, two bathrooms, 443 00:38:23,820 --> 00:38:25,220 no exhaust system. 444 00:38:25,220 --> 00:38:32,300 The conditions were improbable for Alaska's classroom. 445 00:38:33,580 --> 00:38:35,500 I have no equipment 446 00:38:37,580 --> 00:38:43,460 to take home and work because the only computer that was there was 447 00:38:43,460 --> 00:38:49,300 for me for the system that was on count right there. 448 00:38:49,300 --> 00:38:58,800 I had non-verbal students, kindergarten, I did not have a curriculum given to me in order 449 00:38:58,800 --> 00:39:00,140 to do my work, 450 00:39:02,720 --> 00:39:08,480 I had nothing, but what do you guys want to do, non-verbal students, 451 00:39:09,420 --> 00:39:12,380 when I were because of my disability unfortunately, 452 00:39:14,400 --> 00:39:18,100 what happened, they were able to write 453 00:39:18,100 --> 00:39:22,200 their names, they were able to act, one digit, 454 00:39:24,560 --> 00:39:26,460 they were able to advocate, even if they 455 00:39:26,460 --> 00:39:27,600 were not able to talk, 456 00:39:29,870 --> 00:39:36,140 they wanted to learn. And when I was saying, well, I was 457 00:39:36,140 --> 00:39:43,980 sending information in. And here I am, I have no curriculum, one more later, a month 458 00:39:43,980 --> 00:39:45,420 later, I got unique. 459 00:39:47,700 --> 00:39:55,230 Take it, I have not done unique since, what, 28, 28. So I have no idea 460 00:39:55,230 --> 00:39:59,050 I had my new field in it, my work with the system. 461 00:40:00,460 --> 00:40:08,560 Not only is it a game, it's a wrong system, because it was supposed to be initial and not intermediate. 462 00:40:10,200 --> 00:40:11,180 You have to be in a slot. 463 00:40:13,520 --> 00:40:14,420 That's what happened. 464 00:40:16,400 --> 00:40:20,580 I got injured. I had no assistant in the classroom. 465 00:40:23,030 --> 00:40:25,450 The only one that was so what happened was kids. 466 00:40:26,930 --> 00:40:34,130 I think my best, and unfortunately, when I was a Tanglewood, what happened? I got injured. 467 00:40:35,030 --> 00:40:37,490 I was attacked from behind. 468 00:40:39,310 --> 00:40:44,050 In the doctor's data, I needed to be out of the system, or I needed to be someone there at all times. 469 00:40:44,510 --> 00:40:45,730 What do I have? Nothing. 470 00:40:47,630 --> 00:40:50,530 Did I want it to be out? No, I did. 471 00:40:51,110 --> 00:40:53,470 I was diagnosed unfortunately with PTSD. 472 00:40:55,740 --> 00:40:58,520 It's an injury that is not under the work of Stanford, 473 00:40:58,580 --> 00:41:01,920 especially for HSV, which I understand. 474 00:41:03,020 --> 00:41:06,340 But even today, because of the injury that I suffered, 475 00:41:07,080 --> 00:41:10,240 I'm HSV, three-meter mirror. 476 00:41:10,380 --> 00:41:13,320 I was the pack once. 477 00:41:13,920 --> 00:41:16,640 I was hurt again, and then I was attacked again. 478 00:41:17,220 --> 00:41:19,160 I only needed time to group. 479 00:41:19,740 --> 00:41:21,000 And do what I do best. 480 00:41:21,520 --> 00:41:22,160 My job. 481 00:41:22,160 --> 00:41:31,080 I hope you take that into consideration and let me know, because to be honest with you, I 482 00:41:31,080 --> 00:41:32,020 do not know. 483 00:41:32,300 --> 00:41:32,740 I'm humble. 484 00:41:33,460 --> 00:41:39,920 Thank you for listening to me, thank you for giving me the opportunity to be here with 485 00:41:39,920 --> 00:41:40,260 HIV. 486 00:41:41,040 --> 00:41:47,540 And I hope you are not, but I've done for this school and not kids. 487 00:41:48,480 --> 00:41:49,000 Thank you. 488 00:41:49,580 --> 00:41:50,240 Thank you. 489 00:41:51,040 --> 00:41:53,780 Mr. Rui, do you wish to be in a brutal statement? 490 00:41:54,440 --> 00:41:55,680 You have to move it. 491 00:41:59,820 --> 00:42:00,140 Thank you. 492 00:42:00,440 --> 00:42:04,800 So we're not here because of the various things that Mr. Rui has talked about, we're 493 00:42:04,800 --> 00:42:09,580 here because of absences and at the end of the day, HRSD gave her ample opportunities 494 00:42:09,580 --> 00:42:14,120 to apply for the various leaves and protections that HRSD provides all of our employees. 495 00:42:14,680 --> 00:42:17,420 She did not take advantage of those opportunities. 496 00:42:17,420 --> 00:42:27,580 I should also point out the reason she didn't, she didn't, she didn't get FML this year was 497 00:42:27,580 --> 00:42:32,060 because she had gotten FML last year because we do give it when it is actually appropriate. 498 00:42:32,940 --> 00:42:36,600 And again, and I want to make it clear that Ms. Hart Jackson made the termination recommendation 499 00:42:36,600 --> 00:42:43,140 because of attendance because of her performance but because of attendance which we made clear already 500 00:42:43,140 --> 00:42:49,100 We obviously gave our numerous opportunities to take advantage of the various leaves and protections 501 00:42:49,100 --> 00:42:53,260 that HRST has at their disposal of the employees. 502 00:42:54,180 --> 00:42:57,120 I should also point out just really quickly in terms of if we're not having an assistant, 503 00:42:57,300 --> 00:43:02,120 she did have an assistant, they have a 30 minute lunch, which is the only time that she wouldn't be without an assistant, 504 00:43:02,340 --> 00:43:08,840 and even then our principal sent in someone there about 10 minutes into the assistant's lunch. 505 00:43:08,840 --> 00:43:11,740 If you have any questions, I'm more than happy to answer them. 506 00:43:11,980 --> 00:43:22,660 But at the end of the day, Mr. Theta has just terminated because of her absences, no matter how much we try to give her the opportunity to take advantage of the protections that HISD provides. 507 00:43:23,920 --> 00:43:24,240 Thank you. 508 00:43:24,380 --> 00:43:25,100 Thank you. 509 00:43:26,880 --> 00:43:29,560 No, you used all of your 10 minutes. 510 00:43:30,880 --> 00:43:32,600 No, you used all of your time. 511 00:43:32,880 --> 00:43:34,520 You used all of your time of life. 512 00:43:36,400 --> 00:43:37,140 Sorry, thank you. 513 00:43:37,140 --> 00:43:44,340 The parties have completed their presentations, and it is now time for board members to make our decision on the issues before us. 514 00:43:44,620 --> 00:43:47,260 Is there any discussion, any further questions? 515 00:43:49,200 --> 00:43:49,300 No? 516 00:43:49,960 --> 00:43:50,180 Okay. 517 00:43:51,540 --> 00:43:54,340 There is no need to go into closed session. 518 00:43:54,780 --> 00:43:55,700 So do I have a motion? 519 00:44:00,450 --> 00:44:01,030 I have a motion. 520 00:44:02,170 --> 00:44:06,170 I move that we adopt the decision of recommendation of the independent hearing examiner. 521 00:44:06,170 --> 00:44:10,850 adopt the findings of the fact and conclusions of law by the independent hearing examiner 522 00:44:10,850 --> 00:44:15,690 and improve the administration's proposal to terminate Maria Del Rosario by the Registres 523 00:44:15,690 --> 00:44:16,990 determined appointment. 524 00:44:18,150 --> 00:44:18,410 Thank you. 525 00:44:18,630 --> 00:44:19,150 Is there a second? 526 00:44:22,890 --> 00:44:23,790 Thank you. 527 00:44:26,620 --> 00:44:32,960 We have a motion by Board Member Gousin and a second by Board Member Duffy. 528 00:44:33,660 --> 00:44:34,800 Is there any further discussion? 529 00:44:36,100 --> 00:44:37,560 Hearing none, please vote. 530 00:44:47,320 --> 00:44:51,000 Boding has now closed the motion passes. 531 00:44:51,260 --> 00:44:55,580 The board has voted three, four, and zero against the motion. 532 00:45:00,000 --> 00:45:08,760 We find both parties of the action of the board shall be prepared and signed by the executive director of board relations as soon as possible. 533 00:45:09,380 --> 00:45:13,480 This hearing has concluded at 5.57 p.m. 534 00:45:29,470 --> 00:45:30,270 Thank you. 535 00:45:43,570 --> 00:45:46,270 We will now proceed with our next hearing. 536 00:46:07,740 --> 00:46:15,940 The purpose of this meeting is to consider the dispute filed by Karaya, Washington, former curriculum designer, office of academics. 537 00:46:16,940 --> 00:46:21,640 Hereings involving complaints against district employees are to be held in closed session 538 00:46:21,640 --> 00:46:26,360 on the employee who is a subject of the hearing, requests and open hearing. 539 00:46:27,140 --> 00:46:32,860 If both parties request an open session during the course of the hearing, the board may go 540 00:46:32,860 --> 00:46:37,520 into closed session to consult with its attorney on the terms of the Texas Government Code 541 00:46:37,520 --> 00:46:46,260 section 551.071. If any board member wishes to seek the advice of council, please let me know. 542 00:46:47,580 --> 00:46:53,580 For the record, Kimbal or Rutia, Houston Federation of Features, is representing 543 00:46:53,580 --> 00:46:57,760 Cairo Washington. That correct? Thank you. 544 00:46:58,500 --> 00:47:02,560 And, May is Washington is also present. Thank you. 545 00:47:02,560 --> 00:47:09,160 Daniel Ramirez with Monty and Ramirez L.P. representing the administration is present and so is 546 00:47:09,160 --> 00:47:12,060 Katasha Woods, H.I.A. Z. General Counsel. 547 00:47:15,020 --> 00:47:18,120 Mr. Urrudya, do you wish to continue in open or close 548 00:47:18,120 --> 00:47:18,660 session? 549 00:47:21,440 --> 00:47:22,660 Close session. 550 00:47:26,190 --> 00:47:31,570 As you may remember at the beginning of the meeting, I call for public speakers. 551 00:47:31,570 --> 00:47:39,890 It is my understanding that those speakers are here now, so we are going to allow them to speak. 552 00:47:40,830 --> 00:47:50,810 Public comment during school board meetings, we only be available to those persons who have signed up to speak prior to the meeting time for current puricle. 553 00:47:51,790 --> 00:47:56,270 Verbal and other disruptions by persons during the school board meetings are not acceptable, 554 00:47:56,270 --> 00:48:02,490 as they inhibit the board's ability to conduct business and the public's ability to observe those processes. 555 00:48:03,530 --> 00:48:11,310 The person who participate in such behavior will be given one warning and if the behavior is repeated, they will be asked to leave the meeting. 556 00:48:12,070 --> 00:48:19,470 My understanding is that we have two registered speakers who will be limited to two minutes each per board policy. 557 00:48:19,470 --> 00:48:30,590 We ask that you stay on topic and refrain from naming individuals, especially students, as their identity is protected on the law, where you may name your own child. 558 00:48:31,390 --> 00:48:33,330 I ask that you please respect our procedures, 559 00:48:35,450 --> 00:48:41,650 and the other speakers, and end your comments promptly when your time has expired and the time remains. 560 00:48:42,670 --> 00:48:48,050 speaker's please come to the podium in the number order and say your name and topic. 561 00:48:48,690 --> 00:48:50,730 Please, may I say if you can call our first speaker? 562 00:48:52,470 --> 00:48:55,550 Cassidy, OCOB, followed by Alan Tizer, and 563 00:49:07,420 --> 00:49:07,760 afternoon. 564 00:49:08,240 --> 00:49:10,920 So I'm here to discuss the case for Mr. Donald Taylor. 565 00:49:12,920 --> 00:49:17,160 I want it to start off to say that HSD has now cleared. 566 00:49:17,680 --> 00:49:21,940 Mr. Taylor has now made clear that Mr. Taylor's termination is not based on any wrong 567 00:49:21,940 --> 00:49:26,300 doing the following student incident that originally caused him to be removed from duty. 568 00:49:27,340 --> 00:49:31,800 The district investigated that incident, and at the last hearing HIZ stated that the basis 569 00:49:31,800 --> 00:49:36,620 for termination was solely, Mr. Taylor's alleged failure to participate in an investigation. 570 00:49:37,780 --> 00:49:42,840 Think about what that means. HIZ essentially saying that Mr. Taylor did nothing wrong in 571 00:49:42,840 --> 00:49:47,640 the underlining incident, yet he should still lose his job because of what was and most 572 00:49:47,640 --> 00:49:58,400 breakdown and communication. That raises a very important question. Why would an employee who knew he had done nothing wrong intentionally refused to participate in an investigation that could clear his name? 573 00:50:00,000 --> 00:50:11,780 Mr. Taylor did attempt to participate. He attempted to contact Mr. Bonda, his supervisor, and that there is a significant difference between refusing to cooperate in failure and communication. 574 00:50:12,980 --> 00:50:23,240 Mr. Taylor should not lose his livelihood over miscommunication, especially when HIV is no longer alleging that he committed any wrongdoing in the very incident that triggered the investigation. 575 00:50:25,300 --> 00:50:26,260 Thank you. 576 00:50:27,360 --> 00:50:28,640 Thank you. 577 00:50:43,300 --> 00:50:52,580 Good evening members of the HISD School Board. My name is Alan Tizer and I'm here this evening representing transportation employees of HISD. 578 00:50:53,060 --> 00:50:59,640 I've been driving a school bus from HISD out of the Butler terminal for the past 24 years. 579 00:50:59,980 --> 00:51:07,580 Previously we chose our bus route each year from a seniority list based on our years of service. 580 00:51:07,580 --> 00:51:12,520 This year, however, the district has gone to what they call a metric system, which puts 581 00:51:12,520 --> 00:51:15,200 the majority as the last consideration. 582 00:51:16,160 --> 00:51:19,380 We are given 30 hours of school year paid time off. 583 00:51:19,620 --> 00:51:24,140 This is primarily time to use for illness or personal business during school time. 584 00:51:24,680 --> 00:51:31,480 The current metric system counts 40% for attendance, 30% for preventable accidents or disciplinary 585 00:51:31,480 --> 00:51:41,220 actions 10% for mid-year evaluation and 10% education and lastly 10% based on seniority. 586 00:51:41,780 --> 00:51:46,600 The metric system penalizes an employee who uses their pay-time off, which is provided, 587 00:51:47,060 --> 00:51:51,360 to compensate them when ill or when they need to be off for personal reasons. 588 00:51:51,960 --> 00:51:58,280 Because the district counts 40% for attendance, they are indirectly encouraging their drivers 589 00:51:58,280 --> 00:52:00,720 and attendance to come to work when ill. 590 00:52:01,380 --> 00:52:04,560 If safety is the district's primary concern, 591 00:52:05,300 --> 00:52:09,020 then in my opinion, attendance should not represent 40%. 592 00:52:09,020 --> 00:52:11,940 This leaves employees with the unfavorable option 593 00:52:11,940 --> 00:52:15,900 to come to work ill, which is contradictory to that concern. 594 00:52:16,580 --> 00:52:19,400 As a devoted 24-year HISD employee, 595 00:52:19,480 --> 00:52:23,500 I'm asking the school board to give my devoted coworkers in B. 596 00:52:23,780 --> 00:52:27,540 Our seniority back is it has been in the previous years. 597 00:52:27,540 --> 00:52:30,560 Thank you for taking time to hear our concerns. 598 00:52:31,920 --> 00:52:32,480 Thank you. 599 00:52:37,280 --> 00:52:39,520 We're now going to proceed with our next hearing. 600 00:52:39,680 --> 00:52:43,660 The purpose of this meeting is to consider the dispute file by Donald Taylor, 601 00:52:44,060 --> 00:52:46,420 both attend and transportation department. 602 00:52:47,280 --> 00:52:52,220 Hearings involving complaints against district employees are to be held in closed session 603 00:52:52,220 --> 00:52:57,300 on as the employee who is the subject of the hearing requests and open hearing. 604 00:52:57,300 --> 00:53:10,300 If both parties request an open session during the course of the hearing, the board may go into closed session to consult with its attorney on the terms of Texas Government Code Section 551.071. 605 00:53:11,120 --> 00:53:15,440 If any board member wishes to seek the advice of Council, please let me know. 606 00:53:16,900 --> 00:53:24,980 For the record, Cecilia Edwards with People's Choice Association Union representing Dollar Taylor, Donald Taylor is present. 607 00:53:26,120 --> 00:53:28,380 Donald Taylor is also present. 608 00:53:29,220 --> 00:53:34,340 Daniel Ramirez with Monti and Ramirez L.P. representing the administration is present. 609 00:53:35,220 --> 00:53:38,520 Katosia Woods, H.I.S. E. General Counsel is also present. 610 00:53:39,740 --> 00:53:43,140 Ms. Edwards, do you wish to continue in open or close session? 611 00:53:45,000 --> 00:53:46,040 Open, thank you. 612 00:53:48,510 --> 00:53:53,510 The issues before the school board are whether board policies and administrative procedures 613 00:53:53,510 --> 00:54:00,030 where correctly applied to the grievance and whether the administration has violated those policies and procedures. 614 00:54:01,610 --> 00:54:08,150 Mr. Taylor, you would proceed first. Your representative would be allowed to make a ten-minute presentation to the board, 615 00:54:08,470 --> 00:54:11,490 followed by a ten-minute presentation by Mr. Ramirez. 616 00:54:12,590 --> 00:54:19,510 Ms. Edwards, you may reserve part of your ten minutes for rebuttal to matters presented by Mr. Ramirez. 617 00:54:19,510 --> 00:54:25,210 Both sides shall be available for questions from the board after the respective presentations. 618 00:54:25,990 --> 00:54:31,150 Miss Edwards, how would you like to divide your time in making your presentation to the board? 619 00:54:32,750 --> 00:54:32,930 10? 620 00:54:34,170 --> 00:54:34,790 Total of 10. 621 00:54:45,280 --> 00:54:46,010 4 and 6. 622 00:54:49,130 --> 00:54:50,110 Miss Edwards, you may begin. 623 00:54:53,520 --> 00:54:54,060 You may begin. 624 00:54:55,320 --> 00:54:55,740 I'm sorry. 625 00:54:58,000 --> 00:54:58,260 Okay. 626 00:55:09,040 --> 00:55:14,960 Okay, thank you for allowing me the opportunity to provide this statement regarding the termination of Mr. Donald Taylor. 627 00:55:16,000 --> 00:55:25,380 After a previous decision and the evidence presented, we respectfully disagree with the conclusion that Mr. Taylor failed to cooperate with the investigation, and that his termination was justified. 628 00:55:26,340 --> 00:55:32,960 First and foremost, Mr. Taylor did not refuse to cooperate with HIC. He was willing to participate in the investigation. 629 00:55:32,960 --> 00:55:38,480 He requested union representation before participating in an investigative meeting because he 630 00:55:38,480 --> 00:55:43,160 believed he had the right to have a representative present, a representative present. 631 00:55:43,560 --> 00:55:48,200 Mr. Taylor also attempts to contact Mr. Rowle Bonda, the executive director of transportation 632 00:55:48,200 --> 00:55:52,940 who was handling the investigation, Mr. Taylor made a call, but Mr. Bonda did not return 633 00:55:52,940 --> 00:55:53,660 his call. 634 00:55:53,980 --> 00:55:58,620 Therefore, it is not accurate to characterize Mr. Taylor as simply refusing to cooperate 635 00:55:58,620 --> 00:55:59,660 with an investigation. 636 00:56:00,280 --> 00:56:07,320 The evidence show shows that Mr. Taylor tempted to communicate and was willing to address the matter or also requesting representation. 637 00:56:08,200 --> 00:56:14,080 Mr. Taylor did not receive a text. He did not receive a miss call and he tried continually to contact Mr. Bonda. 638 00:56:14,580 --> 00:56:21,800 It is also important to note that in the level two hearing, if stated that Mr. Bonda attempted two texts, Mr. Taylor, 639 00:56:21,800 --> 00:56:31,320 and in the level to hearing, we present a documentation showing that he never received any text message throughout the entire summer for Mr. Bondo. 640 00:56:32,280 --> 00:56:36,040 We also dispute the way the underlying incident involving the student has been characterized. 641 00:56:36,760 --> 00:56:49,260 Mr. Taylor's position is that the only thing he said to the child concerning the issue was, if you want to write the bus, you must keep your clothes on. Stop taking your clothes off or you will not be allowed to write this bus. 642 00:56:50,140 --> 00:56:54,840 That statement was made in the context of an inappropriate behavior on a school bus. 643 00:56:55,200 --> 00:57:01,160 Mr. Taylor was addressing the child's behavior and explained that the child needed to remain properly clothed in order to wrap the bus. 644 00:57:01,720 --> 00:57:06,060 Mr. Taylor did not make a sexual statement to the child, nor did he intend anything inappropriate. 645 00:57:06,540 --> 00:57:15,200 The fact that the child's parents became upset about the statement does not by itself establish that Mr. Taylor's, that Mr. Taylor engaged in any misconduct. 646 00:57:16,140 --> 00:57:18,660 The complete circumstances need to be considered. 647 00:57:19,440 --> 00:57:23,100 We have also submitted documentation that caused into question the factual basis of the 648 00:57:23,100 --> 00:57:27,460 allegation, including documentation concerning whether the student was actually on Mr. Taylor's 649 00:57:27,460 --> 00:57:31,140 bus, which was route 1628 during the relevant circumstances. 650 00:57:32,300 --> 00:57:34,400 That evidence cannot simply be disregarded. 651 00:57:35,040 --> 00:57:39,380 If evidence submitted by the employee contradicts the administration's characterization of the incident, 652 00:57:39,740 --> 00:57:44,220 the evidence must be carefully examined before a person's employment and reputation are taken away. 653 00:57:44,840 --> 00:57:49,960 There's also serious concern regarding some of the photographic evidence presented by administration. 654 00:57:50,920 --> 00:58:00,380 We dispute the authenticity, sorry, and an accuracy of the photograph that appeared to contain words, statements, or annotations that were added to the images. 655 00:58:01,140 --> 00:58:05,460 Those words, not necessarily what appears in the original surveillance reporting. 656 00:58:06,140 --> 00:58:10,500 A selected or altered photograph should not be used as a substitute for the original video. 657 00:58:10,500 --> 00:58:16,300 We therefore request the HIsD produce and review the complete original unedited surveillance video, 658 00:58:16,400 --> 00:58:19,340 including the portion before during and after the alleged incident. 659 00:58:20,080 --> 00:58:24,540 If the district maintains that its photographs accurately represent what occurred, 660 00:58:25,140 --> 00:58:28,800 then the district should be able to identify the original source of each photograph, 661 00:58:29,340 --> 00:58:35,140 explain who created or annotated it, and show where the corresponding statement or conduct appears in the original recording. 662 00:58:35,900 --> 00:58:37,680 The original video should speak for itself. 663 00:58:37,680 --> 00:58:41,980 Another important issue is the district's confusion that Mr. Taylor failed to cooperate. 664 00:58:42,740 --> 00:58:47,300 There is this significant difference between an employee refusing to cooperate and an employee who is willing to participate, 665 00:58:48,040 --> 00:58:51,720 but only request representation in attempts to communicate with the investigator. 666 00:58:52,340 --> 00:58:59,100 Mr. Taylor did not say that he would never participate. He wanted his representative person and he attempted to contact Mr. Bondo. 667 00:58:59,820 --> 00:59:05,640 The district also needs to distinguish between an allegation and investigation and actual proof of misconduct. 668 00:59:08,780 --> 00:59:09,820 Thank you. 669 00:59:09,980 --> 00:59:10,760 Thank you. 670 00:59:14,190 --> 00:59:16,710 Mr. Ramirez, do you make your presentation to the board? 671 00:59:17,270 --> 00:59:18,510 Please remember, you have ten minutes. 672 00:59:19,530 --> 00:59:19,870 Thank you. 673 00:59:19,870 --> 00:59:21,610 I have a presentation for the board. 674 00:59:28,340 --> 00:59:29,600 Good evening members of the board. 675 00:59:30,280 --> 00:59:38,400 I'm here on behalf of the HSD to demonstrate that there is evidence that Mr. Taylor was properly terminated. 676 00:59:39,300 --> 00:59:42,540 Based on an investigation that was attempted by the district, 677 00:59:42,540 --> 00:59:47,660 but Mr. Taylor simply did not cooperate or interact with the district. 678 00:59:53,160 --> 00:59:56,500 When the presentation goes up, I'm going to show you snapshots of the bus interaction. 679 00:59:56,820 --> 00:59:59,760 And they're telling us that it's not relevant for the purpose of the termination. 680 01:00:00,000 --> 01:00:28,920 But they talk about it and it is relevant to some extent. But here, the interaction between the student and Mr. Taylor was the triggering event. They are right. That's not the basis for the underlying termination. But when HSD attempted to investigate that complaint and that student interaction, Mr. Taylor simply just did not respond and cooperate, just like any other employees should have in that situation. So that is the crux and basis of the termination. Here's a photo and that's Mr. Taylor in the back. 681 01:00:29,480 --> 01:00:35,960 There's some discussion with some kids. He's leaning over, talking to some kids. He 682 01:00:35,960 --> 01:00:41,560 lets some kids pass and you'll notice if you look at this, there's three boys in 683 01:00:41,560 --> 01:00:47,300 the back. He lets two boys pass. Then he's hovering over one kid over a sea. 684 01:00:49,800 --> 01:00:49,880 And 685 01:00:49,880 --> 01:00:54,540 he's hovering over the kid where the kid is leaning back. And eventually he lets 686 01:00:54,540 --> 01:00:59,320 the kid go. This is what triggered the situation. We know that they disagree 687 01:00:59,320 --> 01:01:03,740 allegedly that there's another video or this is not the kid, it's somewhat of a red 688 01:01:03,740 --> 01:01:08,860 hearing. This triggered the investigation that led to his termination. There's 689 01:01:08,860 --> 01:01:13,980 also allegations that we might hear in response that Mr. Taylor was unaware of 690 01:01:13,980 --> 01:01:18,400 this investigation and that's simply inaccurate. The record shows that the day 691 01:01:18,400 --> 01:01:24,140 after the incident, Mr. Taylor's supervisor spoke with him. The day after 692 01:01:24,140 --> 01:01:28,200 the incident, he was put on clear notice about this incident and he submitted 693 01:01:28,200 --> 01:01:29,920 the statement to it. 694 01:01:31,160 --> 01:01:35,180 Thereafter, the district appointed Mr. Bonda, who's sitting here today, to investigate 695 01:01:35,180 --> 01:01:42,440 the matter, and he did try to investigate, and let's look at what he did. 696 01:01:42,820 --> 01:01:47,860 He also looked at the video, he determined there could be some make-miss conduct, but that's 697 01:01:47,860 --> 01:01:52,020 why he wanted to give Mr. Taylor a chance to respond, he wanted to interview Mr. Taylor 698 01:01:52,020 --> 01:01:56,700 to identify what if any conduct occurred and give Mr. Taylor a chance. 699 01:01:56,700 --> 01:01:59,840 that was his opportunity that he felt to cooperate with. 700 01:02:02,270 --> 01:02:04,350 There's testimony or evidence in the record 701 01:02:04,350 --> 01:02:07,470 where Mr. Bonda at the level two stated he observed. 702 01:02:08,530 --> 01:02:11,470 The video prompted him to call Mr. Taylor 703 01:02:11,470 --> 01:02:13,550 and question him about the incident. 704 01:02:16,310 --> 01:02:18,210 Whether there's any allegation, whether the school 705 01:02:18,210 --> 01:02:21,510 contacted him or not, the evidence is just outright clear. 706 01:02:21,710 --> 01:02:24,810 Mr. Taylor provided his own cell records for call records 707 01:02:25,410 --> 01:02:29,390 and on July 16th is the day that Mr. Bonda called Mr. Taylor 708 01:02:29,390 --> 01:02:34,190 shown in a cell record, and he talked to him that day, and he had prized him about the 709 01:02:34,190 --> 01:02:42,040 investigation and the need to interview him. Mr. Taylor, Mr. Taylor himself in the level 710 01:02:42,040 --> 01:02:49,240 two hearing said, yes, Mr. Bond called me on July 16th. And when he called me, he said, 711 01:02:49,540 --> 01:02:54,440 I need you to come in to give a statement about what happened. Clear notice once again, not 712 01:02:54,440 --> 01:03:01,480 simply the day after, but during the investigation being told to come in. Mr. Bond has testimony 713 01:03:01,480 --> 01:03:08,860 corroborates that. He says I told him that for him to call me back and so we could set up an appointment 714 01:03:08,860 --> 01:03:14,440 for him to come in in person so we can go ahead and proceed with investigation. So I make these 715 01:03:14,440 --> 01:03:21,040 points because at the end of the day it's very clear that Mr. Taylor had noticed of some issue 716 01:03:21,040 --> 01:03:26,440 that occurred on the bus, the Triggered Investigation, where his supervisor talked to him the next day, 717 01:03:26,780 --> 01:03:31,460 and Mr. Bondo was assigned an investigator and spoke to him by phone, asked the Mr. Taylor to come in 718 01:03:31,460 --> 01:03:34,380 person to conduct an interview to find out what happened. 719 01:03:36,300 --> 01:03:39,380 After that call, Mr. Bonda did text them. 720 01:03:40,000 --> 01:03:43,260 They stated that there's no record or they submitted record to show no texting. 721 01:03:43,540 --> 01:03:44,060 We disagree. 722 01:03:44,500 --> 01:03:48,200 What they provided in the level two was a call log of calls. 723 01:03:48,800 --> 01:03:51,360 And I showed you a record when Mr. Bonda called him. 724 01:03:51,360 --> 01:03:56,020 What they didn't provide is a log showing texts which is different. 725 01:03:56,960 --> 01:04:00,160 Regardless, if they agree to disagree, that's a separate issue. 726 01:04:00,160 --> 01:04:02,000 but regardless after that college, 727 01:04:02,220 --> 01:04:04,360 July 16th, on July 18th, 2025, 728 01:04:04,640 --> 01:04:07,260 Mr. Bonda sent this letter to Certified Mail 729 01:04:07,260 --> 01:04:10,280 and by email to Mr. Taylor's address. 730 01:04:10,900 --> 01:04:12,680 What we've not heard yet what we're gonna hear in her 731 01:04:12,680 --> 01:04:15,900 buttle is that, oh, the district sent it to the wrong address. 732 01:04:16,280 --> 01:04:18,160 That's my old address, I had moved. 733 01:04:18,520 --> 01:04:20,280 That's what we're gonna hear in her buttle, 734 01:04:20,860 --> 01:04:22,120 but that's beside the point 735 01:04:22,120 --> 01:04:24,100 and that's Mr. Taylor's responsibility. 736 01:04:24,920 --> 01:04:26,640 Persuant to the district's policy, 737 01:04:27,300 --> 01:04:30,120 We know that we have over 20,000 employees. 738 01:04:30,460 --> 01:04:33,200 We can't chase every employee to ask them to update their addresses. 739 01:04:33,420 --> 01:04:36,920 This is the employees obligation pursuant to the policy is shown here. 740 01:04:37,220 --> 01:04:42,120 If an employee has a different address, it is their sole obligation to update the district. 741 01:04:42,640 --> 01:04:43,560 Not vice versa. 742 01:04:43,720 --> 01:04:46,900 So if you hear any argument that we sent it to the wrong address, it's simply because 743 01:04:46,900 --> 01:04:49,560 a Mr. Taylor's failure to update his records. 744 01:04:50,920 --> 01:04:54,200 So let's look at a snapshot in relation to the investigation. 745 01:04:55,720 --> 01:04:58,500 Mr. Taylor failed to reply to Mr. Bonda. 746 01:04:58,720 --> 01:04:59,960 And let me go back to the letter... 747 01:05:00,000 --> 01:05:14,700 One thing I did not focus on, if you look at the last sentence, it's a tie-light. It says, please contact my office at this number by a deadline, August 4th, 2025 to schedule a meeting so we can proceed to close the case. 748 01:05:15,200 --> 01:05:21,480 That day passed and he never contacted him. That was the deadline that was given to Mr. Taylor and he never responded. 749 01:05:22,140 --> 01:05:27,540 because of his failure, Mr. Bond had decided to issue a conference summary in relation to what 750 01:05:27,540 --> 01:05:33,380 transpired and notified him that you did not participate in investigation. You're going to hear 751 01:05:33,380 --> 01:05:38,380 test our argument that we never got the letter. We had a wrong address. We've already talked about that. 752 01:05:38,420 --> 01:05:45,860 But what I find very curious is Mr. Taylor received a letter on September 19th and the termination 753 01:05:45,860 --> 01:05:50,940 notice on September 20th, but for some reason he's saying he never received the prior letter 754 01:05:50,940 --> 01:05:52,800 asking him to show up in person. 755 01:05:56,040 --> 01:05:59,240 We heard some argument in relation to obligations that this 756 01:05:59,240 --> 01:06:05,000 was not intentional that he wanted to cooperate or whatever that argument is. The policy of the 757 01:06:05,000 --> 01:06:10,540 district doesn't require for Mr. Taylor to intentionally avoid investigation. If you read the 758 01:06:10,540 --> 01:06:16,140 policy, it says any employee who fails to cooperate with such an investigation or provide complete 759 01:06:16,140 --> 01:06:20,560 information may be subject to termination. That's what happened here. There was an investigation. 760 01:06:21,300 --> 01:06:27,520 He felt to cooperate and he did not provide the information that we're seeking. It's as simple 761 01:06:27,520 --> 01:06:31,860 as that. And there is an obligation when the district conducts an investigation for an employed 762 01:06:31,860 --> 01:06:37,240 to cooperate and order for the district to give Mr. Taylor a fair chance and find out what if 763 01:06:37,240 --> 01:06:42,880 anything happened and he did not cooperate. So he forced the district's hand to lead that to termination. 764 01:06:44,300 --> 01:06:49,900 And in relation to Mr. Taylor's knowledge of the policy, he testified that he knew about 765 01:06:49,900 --> 01:06:54,760 this policy, he signed the handbook, so there's clear knowledge that he had to comply with 766 01:06:54,760 --> 01:06:55,660 it. 767 01:06:56,080 --> 01:07:03,760 So in conclusion, 24 hours after this incident, Mr. Taylor knew about the bus incident with 768 01:07:03,760 --> 01:07:10,340 the student, and we could argue all day about what transpired or not, he submitted a statement 769 01:07:10,340 --> 01:07:15,280 the supervisor told him that triggered Mr. Bondek to conduct an investigation. He talked to him 770 01:07:15,280 --> 01:07:20,120 by a phone, he texted him, he sent him a certified letter asking him to show up for an interview 771 01:07:20,120 --> 01:07:24,600 and Mr. Taylor for whatever reason just didn't do it. But at the end of the day, the district 772 01:07:24,600 --> 01:07:30,040 has a responsibility to conduct investigations and require employees to cooperate and comply 773 01:07:30,040 --> 01:07:34,380 with that policy. And that didn't happen here and that led to the termination. 774 01:07:36,460 --> 01:07:38,200 I'll mention this briefly. 775 01:07:38,600 --> 01:07:39,880 I don't want to focus on it wholly, 776 01:07:40,460 --> 01:07:42,160 but the whole address situation 777 01:07:42,160 --> 01:07:45,060 was Mr. Taylor's responsibility to update his address. 778 01:07:45,700 --> 01:07:47,080 We complied with our requirements. 779 01:07:47,520 --> 01:07:48,120 At the end of the day, 780 01:07:48,280 --> 01:07:50,180 he did receive two out of the three letters, 781 01:07:50,700 --> 01:07:52,440 even if went to the wrong address. 782 01:07:53,820 --> 01:07:55,740 So HSD is requesting this board 783 01:07:55,740 --> 01:07:58,320 to deny all requests of relief of Mr. Taylor 784 01:07:58,320 --> 01:08:00,240 and uphold a level two decision. 785 01:08:02,800 --> 01:08:03,760 Thank you. 786 01:08:03,760 --> 01:08:11,300 It means, Edwards, the U.S. to make a rebuttal statement, you have, I believe, six minutes. 787 01:08:14,030 --> 01:08:19,410 In fact, that a complaint was made does not automatically establish the complaint was true. 788 01:08:20,130 --> 01:08:29,450 An investigation being opened does not establish misconduct, and an employee request for representation should not automatically be treated as refusal to cooperate. 789 01:08:29,450 --> 01:08:32,830 The evidence must establish what actually happened. 790 01:08:33,650 --> 01:08:37,930 We also asked that the district position concerning Mr. Taylor's unemployment claim be considered 791 01:08:37,930 --> 01:08:41,250 in a constant connection with the overall record. 792 01:08:42,070 --> 01:08:47,790 If the district representative that Mr. Taylor committed misconduct, that those representations 793 01:08:47,790 --> 01:08:53,770 should be consistent with the evidence presented in this grievance, we are not asking that 794 01:08:53,770 --> 01:08:58,910 Mr. Taylor be treated differently simply because he is a veteran or because he has good 795 01:08:58,910 --> 01:09:03,490 reputation and great reputation. We're asking that the district considered the whole person, 796 01:09:03,550 --> 01:09:09,290 misceersious, of the termination of his employment basis on upon dispute allegations. 797 01:09:10,130 --> 01:09:15,090 Mr. Taylor is a military veteran who retired with honors. He is a respected number of the 798 01:09:15,090 --> 01:09:20,730 his community and our stand-in gentleman who has spent his life serving others. His honorable 799 01:09:20,730 --> 01:09:26,270 service is not place him above the rules, but his record of character and history are relevant 800 01:09:26,270 --> 01:09:31,170 when considering whether the extreme PILITY of a termination is appropriate, especially when 801 01:09:31,170 --> 01:09:37,090 the factual evidence support and the termination remains distributed. It is deeply concerning 802 01:09:37,090 --> 01:09:42,330 that an aggregation of the nature could cause a result of destruction of a person employment 803 01:09:42,330 --> 01:09:49,090 reputation, livelihood, when there is questions concerning the underlying facts that completeness 804 01:09:49,090 --> 01:09:54,970 of the investigation, the photographic evidence, and the request for the union representation 805 01:09:54,970 --> 01:09:57,710 and the employees' attempts to communicate with the investigator. 806 01:09:58,770 --> 01:09:59,950 We respectfully ask the district... 807 01:10:00,180 --> 01:10:06,560 Not to allow an allegation to become a finding of simple because it was repeated during an investigation. 808 01:10:07,320 --> 01:10:13,080 We asked that the original evidence be reviewed, the complete video be examined, the distributed 809 01:10:13,080 --> 01:10:19,660 photographs are authenticated and documentation concerning the student presence on 1628. 810 01:10:20,480 --> 01:10:26,520 Be considerate and Mr. Taylor attempts to cooperate and obtain representation, be fully evaluated. 811 01:10:26,520 --> 01:10:30,560 Most importantly, we asked that the district look at the evidence fairly and objectively. 812 01:10:31,320 --> 01:10:36,600 Mr. Taylor deserves an opportunity to have the facts heard, not merely the allegation of against him. 813 01:10:37,020 --> 01:10:40,920 For those reasons, we respectfully ask that H.H. has a reverse determination. 814 01:10:41,480 --> 01:10:45,400 We invite Mr. Donald Taylor to his position as a bus attendant and equipment position. 815 01:10:45,620 --> 01:10:53,760 We store his back pay, benefits, and correct or remove this mayor's records that are based upon any accurate and unsupported funding, basically. 816 01:10:53,760 --> 01:10:58,940 We are further requests to complete review of all conduct investigation, including the 817 01:10:58,940 --> 01:11:01,320 Helen of Mr. Tate's request for you, your representation. 818 01:11:02,180 --> 01:11:07,560 His attempt to contact Mr. Band and concerns regarding authentic authenticity and 819 01:11:07,560 --> 01:11:10,300 completeness of the evidence relieved upon their administration. 820 01:11:11,020 --> 01:11:13,580 This is not simply about employee losing the job. 821 01:11:14,160 --> 01:11:18,260 It's about whether in person, career, reputation, and livelihoods should be taken away 822 01:11:18,260 --> 01:11:21,660 without reliable evidence and fair opportunity to defend himself. 823 01:11:21,660 --> 01:11:26,500 Mr. Taylor was served his country earnably, he has served his community, he has been 824 01:11:26,500 --> 01:11:31,160 outstanding gentlemen, and he deserves nothing less than a fair and complete review of the 825 01:11:31,160 --> 01:11:34,100 facts before such a serious decision is allowed to stay in. 826 01:11:34,900 --> 01:11:40,200 Well, he did try to contact Mr. Bounder. Mr. Bounder is not the fourth coming, he's not truthful. 827 01:11:41,360 --> 01:11:45,760 We gave him the phone record, to prove that he'd never called him back, he refused to return to 828 01:11:45,760 --> 01:11:49,740 call. He actually sent that document to the wrong dress on purpose, like he said. He had to 829 01:11:50,340 --> 01:11:55,120 If you go back and look in their evidence, they never submitted his statement because that's untrue. 830 01:11:55,720 --> 01:11:59,820 You know, they didn't do their job digitally to investigate. 831 01:12:00,640 --> 01:12:03,420 They solely said in the unaparmate hearing that he, 832 01:12:03,660 --> 01:12:06,920 Mollary, they determined him because he didn't participate in the hearing, which is untrue. 833 01:12:07,880 --> 01:12:09,420 The child, nothing happened to the child. 834 01:12:09,640 --> 01:12:11,960 The child was told to keep his clothes on. 835 01:12:12,300 --> 01:12:13,840 That's merely why we hear today. 836 01:12:14,260 --> 01:12:17,020 Even in the hearing, they said they didn't even know why he was sent home. 837 01:12:17,020 --> 01:12:22,800 But they said he refused investigation. Mr. Bander was, I don't know if you know that he was 838 01:12:22,800 --> 01:12:28,740 demoted and it was some, I'm sure some part of what's going on now. So he, so administration 839 01:12:28,740 --> 01:12:35,460 did take corrective action. We're asking you to reconsider Mr. Taylor's position and give him 840 01:12:35,460 --> 01:12:41,720 a opportunity and even if you say we're going to wait and we're going to look and listen, 841 01:12:41,980 --> 01:12:46,240 you could do that without even making a decision today until you really ask them for the 842 01:12:46,240 --> 01:12:50,180 to prove, because right now they wrote their own words on it. 843 01:12:50,340 --> 01:12:52,460 It's not even what was said in the surveillance cameras. 844 01:12:53,480 --> 01:12:55,500 They just wrote a statement on it. 845 01:12:55,800 --> 01:12:57,120 But they have actual video. 846 01:12:57,440 --> 01:12:59,320 You can go back and look at the view. 847 01:12:59,800 --> 01:13:01,900 Mr. Banda, if you ask him, he interviewed the driver. 848 01:13:02,260 --> 01:13:04,300 The driver said he saw nothing. 849 01:13:04,300 --> 01:13:05,020 Nothing that was inappropriate. 850 01:13:06,460 --> 01:13:08,420 That's why he didn't ask the driver to write a statement. 851 01:13:08,700 --> 01:13:11,480 Because he knew we asked that in that meeting with the driver. 852 01:13:12,200 --> 01:13:13,960 And so he didn't even use the driver statement. 853 01:13:13,960 --> 01:13:20,220 because he's on this return about recommending termination from Mr. Taylor is unlawful and wrongfully. 854 01:13:20,960 --> 01:13:22,580 Thank you for your consideration. 855 01:13:23,280 --> 01:13:23,960 Thank you. 856 01:13:37,920 --> 01:13:39,620 I believe your time is up. 857 01:13:39,900 --> 01:13:42,680 We have like 30 seconds. 858 01:13:44,880 --> 01:13:45,480 Okay, 859 01:13:48,580 --> 01:13:49,780 go ahead two minutes. 860 01:13:50,420 --> 01:13:51,140 Thank you. 861 01:13:51,700 --> 01:13:53,640 I just wanted to make a few points. 862 01:13:54,040 --> 01:13:55,860 I know the representative for the district. 863 01:13:56,640 --> 01:14:10,280 made a few arguments, one saying that he wasn't cooperative with investigation, but that he also showed a display or a slideshow of photos that don't really tell the story of what transpired that day. 864 01:14:10,520 --> 01:14:19,480 To show photos and just create a scenario with no evidence is improper and it's not just, it's not justified and it doesn't allow justice for Mr. Donald Taylor. 865 01:14:20,660 --> 01:14:25,740 Mr. Second of all, Mr. Taylor never stated he was not aware. That's completely false. 866 01:14:26,100 --> 01:14:33,980 He was aware of this investigation. He wasn't contact with Mr. Bonda. He never said that he wouldn't be a part of it, and that's just plain and simple. 867 01:14:34,540 --> 01:14:41,520 To argue miscommunication whether someone got a call, he's here today, months three, four, five, however many months has been later. 868 01:14:41,940 --> 01:14:44,460 Clearly, he wants his job and willing to participate. 869 01:14:45,080 --> 01:14:49,780 This person that you explained, that you describe who would not participate in investigation 870 01:14:49,780 --> 01:14:53,980 would not be seen before asking for his job back. 871 01:14:54,300 --> 01:14:55,160 That's two. 872 01:14:56,420 --> 01:14:59,800 My third point is that the Rebson of the District State is that we did not submit. 873 01:15:00,050 --> 01:15:25,150 A text message. Logs that show the text messages. In exhibit F of the exhibit F we submitted phone call records and we also submitted text message records. For the month of June July, almost, yeah, the month of June July and a little bit of May. But you can see that there was never an incoming text message for any number associated with Mr. Bondo or with HISD. 874 01:15:25,850 --> 01:15:32,770 There were many fabrications in this entire representation to 875 01:15:34,980 --> 01:15:36,980 state that he was not cooperative 876 01:15:36,980 --> 01:15:41,240 to also state that Mr. Bonda called him and texted him with no proof and we've given 877 01:15:41,240 --> 01:15:42,080 proof that he hasn't. 878 01:15:42,240 --> 01:15:49,660 It says a lot and he shouldn't have been terminated and thank you for listening to me. 879 01:15:49,840 --> 01:15:50,300 Thank you. 880 01:15:50,580 --> 01:15:51,480 Thank you. 881 01:15:52,780 --> 01:15:54,780 Are there any questions from my colleagues? 882 01:15:59,300 --> 01:16:06,620 The parties have completed their presentations and it is now time for board members to make our decisions on the issues before us. 883 01:16:07,060 --> 01:16:09,320 Is there any further discussion? 884 01:16:10,260 --> 01:16:11,300 Is there any development on? 885 01:16:12,060 --> 01:16:12,220 No. 886 01:16:12,720 --> 01:16:13,220 Can we proceed? 887 01:16:14,380 --> 01:16:14,460 Okay. 888 01:16:17,550 --> 01:16:17,770 Okay. 889 01:16:18,490 --> 01:16:19,770 So do I have a motion? 890 01:16:26,460 --> 01:16:31,860 I move that we tonight are requested relief not previously granted by the level two hearing officer and 891 01:16:31,860 --> 01:16:34,520 the discretion at the level two hearing officer. 892 01:16:35,180 --> 01:16:35,460 Thank you. 893 01:16:35,580 --> 01:16:36,700 We have a second. 894 01:16:47,120 --> 01:16:49,840 We have a motion by Board Member Duffy. 895 01:16:50,680 --> 01:16:53,600 And a second by Board Member Gusen. 896 01:16:54,380 --> 01:16:55,960 Is there any further discussion? 897 01:16:56,900 --> 01:16:58,340 Hearing none, please vote. 898 01:17:11,250 --> 01:17:12,530 Boating has now closed. 899 01:17:12,890 --> 01:17:13,990 Demotion passes. 900 01:17:15,430 --> 01:17:18,790 The board has voted three, four, and zero against 901 01:17:18,790 --> 01:17:19,890 Demotion. 902 01:17:21,620 --> 01:17:28,360 A letter notifying both parties of the action of the Board shall be prepared and signed by the 903 01:17:28,360 --> 01:17:31,960 Executive Director of Board Relations as soon as possible. 904 01:17:32,580 --> 01:17:37,020 This hearing is concluded at 7.9 p.m. 905 01:17:43,520 --> 01:17:47,680 We'd now further business to discuss this meeting of the Board is adjourned. 906 01:17:47,720 --> 01:17:54,400 The time is 7.20 p.m. on August 27, 2026. 907 01:17:54,400 --> 01:17:55,840 Thank you everybody for coming.