School board votes behind closed doors

By JOE SOUTHERN
news@journal-spectator.com

 

When the Wharton ISD Board of Trustees did its annual reorganization after canvassing the votes from the May 6 election, it did so behind closed doors in apparent violation of open meetings laws.

According to Sherrell Speer, who is the longest tenured member of the board and who was voted board president, the trustees voted for officers in secret at their May 15 special meeting.

Speer provided the Wharton Journal-Spectator with a copy of the minutes from the meeting – which have not been approved yet by the board – backing his claim that the votes to select the board president, vice president, and secretary were held during executive session and announced in open session.

The special meeting was held May 15 to canvass the votes, swear in the winners, and to reorganize the board. According to Speer and the minutes he provided, the board opened the meeting and then-President Curtis Evans read the election results, and the winners – Speer, Evans, and Marie Ward – were sworn in by Susie Ballejo, the secretary to the superintendent.

The board then went into a closed meeting at 6:41 p.m. for the purpose of “Personnel Matters and Duties and responsibilities of the Board” and “Personnel Matters.”

When the board reconvened at 7:19 p.m. in open session, “The Board announced Sherrell Speer as the Board President, Miguel Santes as the Vice President and Phillip Henderson Sr. as the Board Secretary.” Superintendent Michael O’Guin “introduced Mr. Tony Runnels as the new Assistant Superintendent of Secondary Schools.”

The meeting was concluded with the reading of the social contract, public comments (none were recorded in the minutes), and a budget workshop with Lisa Makenna.

Santes, who was selected vice president, said he was surprised that he was chosen, but confirmed the vote was during executive session.

“Closed session, that’s where those are done,” he said.

In an email exchange with the Journal-Spectator, O’Guin, who is on vacation, said he thought the vote was held in open session but could not say for sure and deferred to Speer for comment.

Speer said he does not believe the vote was conducted properly and is looking into it.

A review of the Texas open meeting laws on the state attorney general’s website does not show that board reorganization is a reason allowed for a board to go into executive session. The law also prohibits votes behind closed doors. Boards may deliberate certain things in secret, but any actions must be taken in open session.

Trustee Ann Witt said she does not recall if the vote was in open or closed session and said she is not well versed in open meeting law.

“Transparency is key and we don’t have it,” she said.

The Wharton Journal-Spectator is seeking comment from the Texas Press Association, and has also reached out to each trustee with no other response by press time.