Agenda
Transcript
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[0:07]
This meeting will come to order on September 23, 2026 at 536 p.m. RSD provided notice of this meeting in accordance with the Texas Open Meeting Act. A quorum is present. Today, we will hear a grievance to consider the appeal of the Level 2 grievance decision filed under Board Policy GF Local by Ms. Susan Hertzfeld. For purposes of distinguishing today's second hearing,
[0:37]
Starting from the others, followed by the grievance, the grievance will be referenced as grievance number 13.
[0:45]
Ms. Hersfeld's grievance has been brought against employees and trustees of the school district.
[0:50]
These individuals have not consented to this hearing being conducted in open session.
[0:55]
And therefore the hearing will be conducted in closed session, pursuant to Texas government code section 551.074.
[1:04]
Okay,
[1:10]
and the
[1:15]
other party has requested closed so it will be enclosed me
[1:28]
as one of the names
[1:30]
on it's right on 13 though right now yeah we're gonna we'll do 12 after this after we've
[1:38]
finished with 13 that's what what the request was that we do 13 first yeah so we're starting
[1:44]
13. Okay, so I'll request open to that. Okay, whilst we are a member of the all right
[1:53]
feelings who are
[2:05]
Yes, and I will be recusing myself from the deliberation and the subsequent vote
[2:10]
But I will just manage the hearing per script and how we've done it in the past
[2:17]
Since we're in open right now go ahead and use your microphones and make sure those are turned on
[2:24]
Dead try that one there sure,
[2:29]
and you've got that hearing aid that they
[2:31]
provided as well.
[2:36]
Okay. Sure.
[2:43]
Well,
[2:46]
a severe lack of administrative symmetry. Yes.
[2:51]
An equal protection under the board policy GF local. The district has packed this one with
[2:56]
the panel of staff purported to be witnesses. However, I've been explicitly barred from calling
[3:02]
witnesses are introducing corresponding testimony. Furthermore, if there's an observer who is sitting
[3:10]
the panel under the title of witness. Well, direct first hand knowledge of the issues.
[3:17]
It is a bad faith intimidation tactic designed to tilt this quasi judicial tribunal.
[3:26]
All right. I demand that either the district unilaterally,
[3:33]
the district unilateral witnesses be removed from the proceeding or that the board grant me an
[3:39]
equal opportunity to bring forth my own witnesses.
[3:43]
Well, and thank you for that point of order.
[3:46]
We're going to, when you have your chance to proceed
[3:48]
with your level three grievance,
[3:50]
you can bring those up as well during that time.
[3:52]
You'll have that time here a minute.
[3:54]
My grievance, he happened to be presenting for me,
[3:57]
but this is my grievance.
[3:59]
Yes, yes, and you'll have a chance for your 10 minutes
[4:03]
here in a few minutes to cover all of that as well.
[4:05]
Well, if it's ruled, the witnesses would need to be.
[4:14]
If I may explain, I mean, from a previous level three hearing, there were folks from
[4:19]
the district who were brought into the conversation around the facts that play in the grievance
[4:24]
itself.
[4:25]
And so what Mr. Hussfeld is trying to say is that those folks should be removed from the
[4:29]
room in case there's going to be a calling, and if they're not, then we should be able
[4:32]
to, in our presentation, call folks who can speak to the facts of the issue.
[4:35]
We weren't given the opportunity.
[4:37]
Yeah.
[4:54]
Well, as per council has counseled, you do not have that ability to call them at this point in the grievance.
[5:03]
We do if we need some facts on this and so that's what happened that you're referencing before.
[5:09]
So we're going to proceed with the grievance as was laid out in our structure.
[5:18]
I'm going to continue.
[5:22]
At this time, members of the public, which we don't have any present, would exit the conference room.
[5:28]
We're now going to go to closed session and I'll take a minute for that to our technical support to get us there.
[5:39]
So do we have a ruling on the closed session?
[5:41]
We are going to do a closed session.
[5:43]
Even our request to be open.
[5:44]
Yes, but we did not agree for that.
[5:48]
What was the reasoning for that?
[5:50]
We just didn't consent to it.
[5:53]
That's all.
[5:54]
I recommend you can tell council because that's not a valid injection.
[5:58]
I have to give them.
[6:03]
Under the Texas Open Meeting Act, any employee or official about that is actually named in the grievance or who the grievance is about must actually state in writing that they want it to be an open session or they consent in open session before it's held in open session.
[6:20]
My knowledge, the individual or official against whom the grievance was filed or who is named in the grievance and whose conduct is an issue has not done so in writing and is actually asked for this to be in closed session.
[6:33]
Therefore, it is permissible in closed session under the Texas open meeting.
[6:37]
But to be clear, then we're saying that the president of the school board being the official is covered under the closure of the meeting as an employee and official.
[6:46]
I've not heard the end-official wording before in that statute, but that's the unhappy two acquies.
[6:51]
In both their individual, this is not agreements against the position of President of the Board of
[6:58]
Trustees and would not be a ruling that applies to every president in the future, a providing officer,
[7:04]
is against an individual who made a decision. Please talk of the microphone for me.
[7:09]
But regardless, the rule is the same whether it's an employee or an official, regardless of
[7:15]
than their individual or official capacity.
[7:19]
This won't work.
[7:27]
Since we don't have consent by those individuals,
[7:31]
we will proceed in closed session.
[7:33]
Thanks, sir.
[7:39]
Very good.
[7:43]
All right, the board has returned from closed session
[7:47]
in a reconvening into open session at 7.06 pm.
[7:53]
No action was taken in closed session.
[7:56]
Board, are there any additional questions
[7:58]
for the grievance or the administration.
[8:04]
Seeing none, is there a motion regarding this grievance?
[8:11]
Yes.
[8:12]
Okay, Ms. McGowan, go ahead.
[8:13]
Based on information in the record before us in this grievance,
[8:17]
I move that the board denies Ms. Hertzville's grievance.
[8:23]
Okay, thank you for the motion.
[8:25]
Is there a second?
[8:26]
Second.
[8:28]
Ms. Pacheco.
[8:30]
Any discussion by the board at this point?
[8:34]
Yes, Ms. Bernie.
[8:35]
Mrs.
[8:40]
Hertzfeld, as for the team of eight training, I can understand the need to be a bit
[8:47]
more descriptive and we will look into that.
[8:55]
Any other comments or questions?
[8:58]
Okay.
[8:59]
Okay.
[9:00]
All in favor of the motion, please raise your hand.
[9:04]
That motion passes four to zero.
[9:15]
We can, we can discuss that after the, we close out this motion, this grievance, we can have further discussion about that because there's probably a lot of ideas on what that looks like and it may be immature at this point.
[9:28]
We just, they just voted on this.
[9:32]
I'm not sure what you're asking.
[9:34]
Let's finish this out and then we, you can discuss the public vote shall serve as a verbal notice of the Board's decision.
[9:41]
RISD's General Counsel will follow up with written documentation of the board's decision to the
[9:47]
grievement. Grievements 13 is concluded. The called board meeting is adjourned at 7.08 p.m.