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FILED

DALLAS COUNTY
4/27/2015 11:12:03 AM
FELICIA PITRE
DISTRICT CLERK

2 CT-E-SERVE
DC-15-04625
CAUSE NO. ____________
ELIZABETH JONES, BERNADETTE
NUTALL, and JOYCE FOREMAN,
Plaintiffs,
v.
MIGUEL SOLIS, in his official capacity as
President of the Board of Trustees of the
Dallas Independent School District, and
DALLAS INDEPENDENT SCHOOL
DISTRICT,

Freeney Anita

IN THE DISTRICT COURT OF

DALLAS COUNTY, TEXAS

__________ JUDICIAL DISTRICT

Defendants.
EMERGENCY VERIFIED PETITION FOR
DECLARATORY RELIEF, APPLICATION FOR WRIT OF MANDAMUS,
AND APPLICATION FOR INJUNCTIVE RELIEF
Plaintiffs Elizabeth Jones (Trustee Jones), Bernadette Nutall (Trustee Nutall), and
Joyce Foreman (Trustee Foreman) (collectively, Plaintiffs) file this Emergency Verified
Petition for Declaratory Relief, Application for Writ Mandamus, and Application for Injunctive
Relief against Defendant Miguel Solis, in his capacity as President of the Board of Trustees
(Board) of the Dallas Independent School District, and against the Dallas Independent School
District (DISD), as follows:
I.
PRELIMINARY STATEMENT
Beginning today, April 27, 2015, the voters of the Dallas Independent School District
will be casting their ballots to determine the future of the school district. Unfortunately, due to
the obstruction of Board President Miguel Solis, many of those votes will be cast without the
benefit of an open and informed discussion of the state of the district by their elected officials.
In order to facilitate that public discussion, Plaintiffs have repeatedly requested that the Board be

permitted to review the performance of Mike Miles as Superintendent of DISD only to be denied
that opportunity by the Board President. Plaintiffs have filed this lawsuit to require President
Solis to call and provide public notice of a meeting of the Board on this important topic of public
interest.
On February 19, 2015, Trustees Nutall, Foreman, and Jones requested that a review of
Superintendent Mike Miles performance and contract be placed on the agenda for the Board
meeting to be held on March 5, 2015. Pursuant to the Boards operating procedures, the Board
President was required to perform the ministerial act of scheduling the agenda item for a meeting
occurring within 60 days of the request. President Solis refused to do so.
Indeed, on April 17, 2015, after failing to add the agenda item at any of the numerous
meetings occurring in March and April, President Solis refused to schedule a discussion of
Superintendent Miles performance for the meeting held on April 23, 2015the last meeting
before the election on May 9, 2015and instead purported to schedule the discussion for the
meeting to be held on May 14, 2015, well beyond the 60 day period called for in the Boards
operating procedures.
In an effort to overcome the Board Presidents obstruction, Trustees Nutall, Foreman, and
Jones have twice requested a special meeting of the Board to discuss Mike Miles performance
prior to the election. Unfortunately, the Board President has failed to call the meeting or post the
notices required by the Texas Open Meetings Act. Accordingly, Plaintiffs have been forced to
initiate this lawsuit to obtain a Court order requiring a meeting be held on May 1, 2015.

EMERGENCY VERIFIED PETITION FOR DECLARATORY RELIEF AND APPLICATION


FOR WRIT OF MANDAMUS, AND APPLICATION FOR INJUNCTIVE RELIEF

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II.
DISCOVERY CONTROL PLAN
1.

Plaintiffs intend to conduct discovery under Level 2 of Texas Rule of Civil

Procedure 190.3.
2.

Plaintiffs currently seek monetary relief of less than $100,000 and non-monetary

relief. Because non-monetary relief is sought, this action is not subject to Texas Rule of Civil
Procedure 169.
III.
PARTIES
A.

Plaintiffs
3.

Plaintiff Elizabeth Jones is a member of the Board representing District 1 and a

resident of the State of Texas residing at 10860 Strait Lane Circle, Dallas, Texas 75229. Trustee
Jones has been a Trustee since 2012.
4.

Plaintiff Bernadette Nutall is a member of the Board representing District 9 and a

resident of the State of Texas residing at 1409 S. Lamar, Dallas, Texas 75116. Trustee Nutall has
been a Trustee since 2009.
5.

Plaintiff Joyce Foreman is a member of the Board and a resident of the State of

Texas residing at 3701 Junius, Dallas, Texas 75116. Trustee Foreman has been a Trustee since
2014.
B.

Defendants
6.

Defendant Miguel Solis is the President of the DISD Board of Trustees and a

resident of the State of Texas purported to reside at 2500 Bennett Avenue, Apartment 1108,

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Dallas, Texas 75206. President Solis has been a Trustee since 2013 and was elected Board
President on June 26, 2014.
7.

Defendant Dallas Independent School District (DISD) is an independent school

district created pursuant to the Texas Education Code, maintains an office in Dallas County, and
may be served by serving its Superintendent Mike Miles, at 3700 Ross Avenue, Dallas, Texas
75204.
IV.
JURISDICTION AND VENUE
8.

Jurisdiction is proper in this Court pursuant to, inter alia, TEXAS CONST. ART. 5

8, TEX. GOV. CODE 24.011, and TEX. CIV. PRAC. & REM. CODE 65.021.
9.

The Court has personal jurisdiction over both Defendants. Defendant Solis is a

resident of Texas residing in Dallas County, Texas. DISD is a school district located in Dallas
County, Texas.
10.

Venue is proper in this Court pursuant to TEX. CIV. PRAC. & REM. CODE

15.002 and 65.023. Defendant Solis is domiciled within Dallas County, Texas, and DISD is
headquartered in Dallas County, Texas. Additionally, all or part of the events or omissions
giving rise to the causes of action occurred in Dallas County, Texas.
V.
STATEMENT OF RELEVANT FACTS
A.

DISD Board Policy Requires The Board President To Call A Special Meeting At the
Request Of Three Board Members. _________________________________________
11.

DISD is the 14th largest school district in the United States with an annual budget

in excess of $1.8 billion. Pursuant to the Texas Education Code, an independent school district is
governed by a board of trustees who, as a body corporate, oversee the management of the district
EMERGENCY VERIFIED PETITION FOR DECLARATORY RELIEF AND APPLICATION
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and ensure that the superintendent implements and monitors plans, procedures, programs, and
systems to achieve appropriate, clearly defined, and desired results in the major areas of district
operations.
12.

DISD Trustees are elected to serve on the school districts governing board, and

each Trustee represents a single member district having equal representative power (one vote).
The Superintendent reports to the Board, and it is the Boards duty to report to and be
accountable to the taxpayers and voting public.
13.

The Board has adopted Board Policy, which contains policies governing the

operations of the DISD. The Board Policy consists of, among other things, LEGAL and
LOCAL policies. LEGAL policies recite statutes and case law applicable to a topic. LOCAL
policies address local policy decisions determined by the Board to be appropriate for the district.
14.

Pursuant to Board Policy BE(LOCAL) governing Board Meetings, the purpose

of Board Meetings is to move the District towards achieving its vision consistent with its
mission, core beliefs, and commitments.
15.

Pursuant to Board Policy BE(LOCAL) governing Board Meetings, The President

of the Board shall call a special meeting at the Presidents discretion or at the written request of
three Board members. . . . The agenda shall be posted and supporting material shall be
distributed to Board members no later than 72 hours in advance of each meeting. The Order of
Business shall follow the posted notice. A copy of Board Policy BE(LOCAL) is attached
hereto as Exhibit A.

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B.

DISD Board Operating Procedures Require That The Board President Include
Items On Board Meeting Agendas At The Request Of Three Board
Members._______________________________________________________________
16.

The Board has adopted the Board of Trustee Operating Procedures (Operating

Procedures). The Operating Procedures are intended to guide and assist the Board Members in
the conduct of the Boards business. If there is a conflict or inconsistency between the Operating
Procedures and Board Policy, Board Policy takes precedence. The Board Operating Procedures
are reviewed annually in June by the Board and updated as needed as a part of Board training
and orientation.
17.

Board Briefings are scheduled on the second Thursday of each month, and

Board Meetings are scheduled on the fourth Thursday of each month, unless circumstances make
that day unavailable. The purpose of the Board Briefing is to allow each Board Member an
opportunity to express ideas and concerns about specific agenda items in order to include as
many as possible in the consent agenda at the next Board Meeting. The Board agendas are
created by the Superintendent and Board President prior to being presented to the Board
Members.
18.

Pursuant to the Operating Procedures, Three Board Members may request that a

subject be included on the agenda for a meeting. That request shall be forwarded to the
Superintendent of Schools or the Board President 10 calendar days before the Board Briefing
Meeting.
19.

When three Board members request that a subject and item be included in the

agenda, the Operating Procedures require the following acts to occur:


(a) The Board President will consult with the Superintendent of Schools to
determine whether it is appropriate, depending on the nature and urgency of the
item or issue, to move it forward for a vote at the next regular Board meeting or to

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have the item turned over to the administration to review and bring
recommendations back to the Board for consideration at a subsequent meeting.
(b) In any event, the item will be placed on the agenda for deliberation no later
than 60 days after presentment.
(c) No item can be placed on the Agenda less than 72 hours in advance of the
meeting, unless an emergency or urgent public necessity exists.
20.
C.

A copy of the Operating Procedures are attached hereto as Exhibit B.

President Solis Failed To Comply With The Operating Procedures.


21.

On February 19, 2015, Trustee Nutall sent an email to the Board President

requesting that the following items be included in the Board Briefing on March 5, 2015:
Closed Session
551.074 To deliberate the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of a public officer or employee, or to hear a
complaint or charge against an officer or employee, including the Superintendent
of Schools, Mike Miles.
Open Session
Consider and Take Possible Action regarding the employment of Superintendent
of Schools, Mike Miles.
22.

On that same day, Trustee Foreman joined the request by sending the Board

President an email stating:


After much thought and consideration, I am asking that you put an open and
closed session on the March board briefing agenda regarding the employment,
evaluation, dismissal or discipline of the Superintendent. It is of high interest to
the taxpayers and parents that the board takes some action regarding the many
missteps that have taken place during the tenure of the Superintendent. I do not
know what the outcome will be, but we must quit burying our heads in the sand
and acting like nothing has happened.
23.

The next day, on February 20, 2015, Trustee Jones joined the request by sending

the Board President an email stating:

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I concur. Since there is already a plan in place to do a mid year evaluation, this would be
in keeping with the Boards duty and responsibility. I think it may make sense to qualify
the request accordingly.
24.

These requests were sent to the Board President more than 10 days before the

Board Briefings scheduled for March 5, 2015 and April 9, 2015, as required by the Operating
Procedures, giving the Board President ample opportunity to include the items on the agenda for
those meetings or the Board meetings scheduled for March 26, 2015 or April 23, 2015.
25.

In any event, pursuant to the Operating Procedures, the Board President was

required to place the items on the agenda for deliberation at a meeting to be held before April 21,
2015, which was 60 days after presentment of the request.
26.

However, President Solis refused to place the topics on the agenda for the

meetings within the 60 day period provided by the Operating Procedures. Instead, on April 17,
2015, President Solis stated his intent to include the requested items on the agenda for the Board
Briefing scheduled for May 14, 2015. President Solis could have placed the items on the agenda
for the meeting on April 23, 2015, but instead chose to schedule the discussion on
Superintendent Miles performance after the election on May 9, 2015. President Solis attempted
to justify this delay through a strained interpretation of the Operating Procedures, but the fact
that his interpretation was not offered until the end of the sixty day period shows a recognition
by the Board President that the time for a legal challenge needed to be limited in order for his
delay-tactics to succeed.
D.

Three Trustees Requested A Special Meeting To Discuss Superintendent Miles


Performance and Contract.________________________________________________
27.

On April 23, 2015, pursuant to Board Policy BE(LOCAL) governing Board

Meetings, Trustees Jones, Nutall, and Foreman submitted to President Solis and Superintendent

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Miles a joint Written Request For Special Meeting of the Board of Trustees, to discuss the
following:
Closed Session
551.074 To deliberate the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of a public officer or employee, or to hear a
complaint or charge against an officer or employee, including the Superintendent
of Schools, Mike Miles.
Open Session
Consider and Take Possible Action regarding the employment of Superintendent
of Schools, Mike Miles.
28.

The written request specifically requested that the special meeting be called for

Tuesday, April, 28, 2015, and that notice of the meeting be posted no later than 11:00 a.m. on
Friday, April 24, 2015. A copy of that written request (First Special Meeting Request) is
attached hereto as Exhibit C.
29.

The regularly scheduled April Board meeting was held on April 23, 2015, and the

requested agenda item to discuss Superintendents Miles performance was not on the agenda. In
frustration, Trustee Foreman made a motion to replace Solis with First Vice President Lew
Blackburn as chairman, but her motion was ruled out of order. Despite concern on the Board,
President Solis maintains that Board Policy and Operating Procedures do not require him to hold
the requested meetings.
30.

On April 24, 2015, pursuant to Board Policy BE(LOCAL) governing Board

Meetings, Trustees Jones, Nutall, and Foreman again submitted to President Solis and
Superintendent Miles a joint Written Request For Special Meeting of the Board of Trustees, to
discuss the following:
Closed Session

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551.074 To deliberate the appointment, employment, evaluation, reassignment,


duties, discipline, or dismissal of a public officer or employee, or to hear a
complaint or charge against an officer or employee, including the Superintendent
of Schools, Mike Miles.
Open Session
Consider and Take Possible Action regarding the employment of Superintendent
of Schools, Mike Miles.
31.

The written request specifically requested that the special meeting be called for

Friday, May 1, 2015 and that notice of the meeting be posted no later than 10:00 a.m. on
Monday, April 27, 2015. A copy of that written request (Second Special Meeting Request)is
attached hereto as Exhibit D.
E.

President Solis Refused To Post The Required Notice And Call The Special Meeting
32.

President Solis has repeatedly abused his position as President of the Board by

refusing to comply with Board Policy and Operating Procedures. President Solis failed to add
the discussion of Superintendent Miles performance to the agenda of a Board meeting occurring
within 60 days of the request by three Board members.
33.

President Solis has subsequently twice chosen not to call or post the public notice

required for a special meeting sought pursuant to a written request of three Board members.
34.

Because early voting for Board positions opens on Monday, April 27, 2015,

President Solis obstruction has already deprived some voters of information relevant to their
decisions. The Court should not permit President Solis obstruction to continue.
VI.
REQUEST FOR DECLARATORY RELIEF
35.

Plaintiffs repeat the preceding paragraphs as if set forth herein.

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36.

Plaintiffs request for a declaratory judgment is authorized by TEX. CIV. PRAC. &

REM. CODE 37.004.


37.

As demonstrated above, an actual, substantial and justiciable controversy exists

regarding Plaintiffs rights as members of the Board to have items included on the agenda for a
Board Meeting and to call a Special Meeting.
38.

Unless there is a judicial declaration of Plaintiffs rights under the Board

Operating Procedures and Board Policy, Defendants violations will likely continue.
39.

Accordingly, Plaintiff requests that this Court issue a declaration that: (1) Board

Operating Procedures require the Board President and Superintendent to include requested items
on the agenda for a board meeting scheduled to occur within 60 days of the presentment of the
request by three board members; and (2) Board Policy requires the Board President to call a
special meeting for the day and time contained in a request from three Board members.
VII.
APPLICATION FOR A WRIT OF MANDAMUS
40.

Plaintiffs repeat the preceding paragraphs as set forth herein.

41.

Under the TEXAS CONST. ART. 5 8 and TEX. GOV. CODE 24.011, district courts

have the authority to issue writs of mandamus to compel a public official or government agency
to perform a non-discretionary, ministerial act and to correct a clear abuse of discretion. An act
is ministerial when the law clearly spells out a duty to be performed by the official with
sufficient certainty that nothing is left to the exercise of discretion.
42.

The Board President is a public official serving the DISD.

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43.

The DISD derives its legal existence and power pursuant to the Constitution of

the State of Texas and the Texas Education Code, and employs officials tasked with posting
public notices of Board meetings.
44.

The Board adopted Operating Procedures and a Board Policy, which impose a

nondiscretionary duty on the Board President to: (1) add items to Board Meeting agendas, (2)
upon written request of three Board members, call special meetings of the Board on the
requested date and time, and (3) post public notice of meeting agendas as required by the Texas
Open Meetings Act.
45.

The Board President has a legal duty, as set forth in Board Policy, to call a special

meeting upon the written request of three Board members. The Board President and DISD have
a legal duty pursuant to the Texas Open Meetings Act to post public notice of the agenda for
meetings of the Board at least 72 hours in advance of the Board meeting.
46.

In the Second Special Meeting Request, Plaintiffs, who constitute three Board

members, requested in writing that the Board President call a special meeting of the Board at
May 1, 2015 at 4:00 p.m. in the Board Room at 3700 Ross Avenue, Dallas, Texas 75204 or other
location specified by public notice with an agenda including the following items:
Closed Session
551.074 To deliberate the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of a public officer or employee, or to hear a
complaint or charge against an officer or employee, including the Superintendent
of Schools, Mike Miles
Open Session
Consider and Take Possible Action regarding the employment of Superintendent
of Schools, Mike Miles.

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47.

The Board Presidents ministerial duty to call the requested special meeting is a

legal duty to perform a non-discretionary act. The Board Presidents and DISDs ministerial
duty to post public notice of the agenda of meetings of the Board at least 72 hours in advance of
the Board meeting is a legal duty to perform a non-discretionary act.
48.

Plaintiffs have repeatedly demanded that Defendants include the requested items

on an agenda of a Board meeting, including two requests for special meetings of the Board.
49.

President Solis has not called the special meeting requested for May 1, 2015, and

Defendants have not posted public notice of an agenda containing the requested items. Based on
Defendants repeated refusal to comply with Board Policy and Operating Procedures, Plaintiffs
believe President Solis and Defendants have or will refuse to call the special meeting for May 1,
2015 or post the required notice.
50.

Because Defendants have refused to perform nondiscretionary acts required by

legal duty, Plaintiffs request that the Court issue a writ of mandamus requiring Defendants to
perform their duties.
51.

Specifically, Plaintiffs request that the Court enter an order and issue a writ of

mandamus requiring:
(a)

President Solis to call a special meeting of the Board on May 1, 2015, at 4:00 p.m.
in the Board Room at 3700 Ross Avenue, Dallas, Texas 75204 or other location
specified by public notice with an agenda including the following items:
Closed Session
551.074 To deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or
employee, or to hear a complaint or charge against an officer or
employee, including the Superintendent of Schools, Mike Miles
Open Session

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Consider and Take Possible Action regarding the employment of


Superintendent of Schools, Mike Miles.
(b)

President Solis and the agents of DISD responsible for posting Board meeting
notices to post public notice of the foregoing special meeting of the Board at least
72 hours in advance of the foregoing special meeting.

52.

The requested relief should be granted on an expedited, emergency basis because,

in the absence of relief, the Board will not be able to meet to discuss an issue of public
importance prior to the election scheduled to occur on May 9, 2015. The absence of such a
meeting of the Board, and the accompanying public discussion, will prevent the voters from
obtaining information that would likely be relevant to their votes. If emergency relief is not
granted, Plaintiffs and the public will be without adequate remedy at law.

VIII.
APPLICATION FOR INJUNCTIVE RELIEF
53.

Plaintiffs repeat the preceding paragraphs as set forth herein.

54.

Plaintiffs request injunctive relief against President Solis and Defendants pursuant

to TEX. CIV. PRAC. & REM. CODE 37.011.


55.

The Board President has a legal duty, as set forth in Board Policy, to call a special

meeting upon the written request of three Board members. The Board President and DISD have
a legal duty pursuant to the Texas Open Meetings Act to post public notice of the agenda for
meetings of the Board at least 72 hours in advance of the Board meeting.
56.

In the Second Special Meeting Request, Plaintiffs, who constitute three Board

members, requested in writing that the Board President call a special meeting of the Board at

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May 1, 2015 at 4:00 p.m. in the Board Room at 3700 Ross Avenue, Dallas, Texas 75204 or other
location specified by public notice with an agenda including the following items:
Closed Session
551.074 To deliberate the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of a public officer or employee, or to hear a
complaint or charge against an officer or employee, including the Superintendent
of Schools, Mike Miles
Open Session
Consider and Take Possible Action regarding the employment of Superintendent
of Schools, Mike Miles.
57.

President Solis has not called the special meeting requested for May 1, 2015, and

Defendants have not posted public notice of an agenda containing the requested items. Based on
Defendants repeated refusal to comply with Board Policy and Operating Procedures, Plaintiffs
believe President Solis and Defendants have or will refuse to call the special meeting for May 1,
2015 and post the required notice.
58.

Plaintiffs are likely to obtain and are entitled to a declaration that: (1) Board

Operating Procedures require the Board President and Superintendent to include requested items
on the agenda for a board meeting scheduled to occur within 60 days of the presentment of the
request by three board members; and (2) Board Policy requires the Board President to call a
special meeting for the day and time contained in a request from three Board members.
59.

In order to ensure compliance with the Courts declaration, Plaintiffs request that

the Court enter an injunction requiring:


(a)

the Board President and DISD to include requested items on the agenda for a

board meeting scheduled to occur within 60 days of the presentment of a request by three
board members;

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(b)

the Board President to call a special meeting for the day and time contained in a

request from three Board members;


(c)

President Solis to call a special meeting of the Board at May 1, 2015, at 4:00 p.m.

in the Board Room at 3700 Ross Avenue, Dallas, Texas 75204 or other location specified
by public notice with an agenda including the following items:
Closed Session
551.074 To deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or
employee, or to hear a complaint or charge against an officer or
employee, including the Superintendent of Schools, Mike Miles
Open Session
Consider and Take Possible Action regarding the employment of
Superintendent of Schools, Mike Miles.
(d)

President Solis and the agents of DISD responsible for posting Board meeting

notices to post public notice of the foregoing special meeting of the Board at least 72
hours in advance of the foregoing special meeting.
60.

In the absence of injunctive relief, violations of Board Policy and Operating

Procedures are likely to continue and the Board will not be able to meet to discuss an issue of
public importance prior to the election scheduled to occur on May 9, 2015. The absence of such
a meeting of the Board and the accompanying public discussion will prevent the voters from
obtaining information that would likely be of relevance to their decision. If emergency relief is
not granted, Plaintiffs and the public will suffer irreparable harm and will be without adequate
remedy at law.

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61.

The benefit to Plaintiffs and the public of open and transparent government

outweighs the interest of President Solis and DISD in hiding information from the public until
after the election on May 9, 2015.
62.

The public interest in open and transparent government supports the issuance of

an injunction.
IX.
REQUEST FOR RELIEF
WHEREFORE, Plaintiffs respectfully request that the Court award Plaintiffs the
following relief:
a)

A writ of mandamus requiring:


(1) President Solis to call a special meeting of the Board on May 1, 2015
at 4:00 p.m. in the Board Room at 3700 Ross Avenue, Dallas, Texas
75204 or other location specified by public notice with an agenda
including the following items:
Closed Session
551.074
To deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or
employee, or to hear a complaint or charge against an officer or employee,
including the Superintendent of Schools, Mike Miles
Open Session
Consider and Take Possible Action regarding the employment of
Superintendent of Schools, Mike Miles.
(2) President Solis and the agents of DISD responsible for posting Board
meeting notices to post public notice of the foregoing special meeting of
the Board at least 72 hours in advance of the foregoing special meeting.

b)

An injunction requiring:
(1)
the Board President and DISD to include requested items on the
agenda for a board meeting scheduled to occur within 60 days of the
presentment of a request by three board members;

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(2)
the Board President to call a special meeting for the day and time
contained in a request from three Board members;
(3)
President Solis to call a special meeting of the Board at May 1,
2015 at 4:00 p.m. in the Board Room at 3700 Ross Avenue, Dallas, Texas
75204 or other location specified by public notice with an agenda
including the following items:
Closed Session
551.074
To deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or
employee, or to hear a complaint or charge against an officer or employee,
including the Superintendent of Schools, Mike Miles
Open Session
Consider and Take Possible Action regarding the employment of
Superintendent of Schools, Mike Miles.
(4)
President Solis and the agents of DISD responsible for posting
Board meeting notices to post public notice of the foregoing special
meeting of the Board at least 72 hours in advance of the foregoing special
meeting.
c)

A Judgment declaring that Board Policy and Operating Procedures require


the inclusion of properly requested agenda items to Board meeting
agendas scheduled to occur within 60 days of the presentment of the
request by three Board members;

d)

A Judgment declaring that Board Policy and Operating Procedures require


the Board President to call a special meeting for the day and time
requested by three Board members;

e)

A Judgment awarding Plaintiffs Attorneys fees and costs incurred in


connection with this suit pursuant to Tex. Civ. Prac & Rem. Code
37.009; and

f)

All other appropriate relief to which Plaintiff is entitled.

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Respectfully submitted,
BICKEL & BREWER STOREFRONT, P.L.L.C.
By:

/s/ Jack G. B. Ternan__________________


William A. Brewer III
State Bar No. 02967035
wab@bickelbrewer.com
Jack G. B. Ternan
State Bar No. 24060707
jgt@bickelbrewer.com
Anthony Begon
State Bar No. 24092109
axb@bickelbrewer.com
1717 Main Street, Suite 4800
Dallas, Texas 75201
Telephone: (214) 653-4000
Facsimile: (214) 653-1015
ATTORNEYS FOR PLAINTIFFS

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