CORPUS CHRISTI, Tx – Neighbors have expressed their frustration on social media after a speaker was removed during the recent CCISD board meeting.
Michael Miller, principal at Teal Construction, was joined from Monday's regular board meeting when he discussed a bid awarded by the board to purchase printer paper. Miller signed on to discuss the agenda item, but also expressed concerns about the district's general approach to awarding and approving contracts.
While Miller briefly discussed the printer paper proposal, he turned his focus to a recent contract awarded to JR Ramon to demolish the old Carroll High School property.
“It's both about transparency with the community, but it starts at the board level and I don't think the staff is 100% transparent with their board,” Miller said. He noted that the board had limited information about why four vendors were chosen to purchase paper from a list of 13 suggestions.
When Miller began discussing the Carroll High School demolition contract, CCISD Trustee Eric Villarreal told him he could only comment on purchasing policies related to the agenda item. Miller continued, stating, “There is no price attached to the information provided to you.”
Miller also addressed the possible cost differences for the demolition contract. “I want to make a good decision as a school board member on something that could add up to $530,000 in spending,” Miller said. Following that comment, Villarreal directed CCISD officials to exclude Miller from the meeting.
MAN REMOVED FROM CCISD MEETING
In December, CCISD awarded the demolition contract to JR Ramon of San Antonio for $2,282,000. A competing offer from Coastal Bend Demolition was listed at $1,752,500.
According to documents obtained by KRIS 6, JR Ramon scored higher because he had “five or more” similar projects and had a project manager with relevant experience. Both companies performed identically in the other evaluation categories.
After the meeting, Miller posted a video of the incident on Facebook, which garnered widespread attention in the community. Villarreal responded in the comments, defending the decision to remove Miller.
I have absolutely no problem with you expressing your opinion at our meetings. That is your right. Our rules, like other boards, councils and commissions, set out exactly what you can talk about during the meeting. If you had made a general public statement rather than the specific agenda item for obtaining copy paper, you could have said anything you wanted about the demolition of Carroll. Here, too, you have chosen to speak on the wrong agenda item.
Eric Villarreal
Miller's removal raised questions about possible violations of the Open Meetings Act.
6 Investigates sought the opinion of Bill Aleshire, an attorney who specializes in Open Meetings Act issues.
Aleshire is one of several attorneys across the state who volunteer with the Freedom of Information Foundation of Texas, which answers questions about the Open Meetings and Public Information Acts.
He also served as a Travis County judge from 1987 to 1998.
Aleshire said Miller used an analogy to highlight potential problems with the awarding of a current contract, and because the points were related, he did not believe the resident was off topic.
“What struck me is the extreme reaction and the fact that he was fired and removed from the room,” he said. “I just think it was an overreaction by the CEO.”
“We must remember that the government does not belong to these board members, but to the voters,” Aleshire added. “And when you have the right attitude as an elected official, you show more patience with the people who own the government when they come in and try to express what they think is happening or not happening.”
Aleshire said the circumstances surrounding whether Miller's rights were violated are not clear, but the incident is concerning.
I think the CEO showed a lack of patience, a lack of respect for democracy and was unsure whether he was violating the gentleman's rights under the Open Meetings Act, which gives the public the right to express themselves.
Bill Aleshire, Open Meetings expert
6 investigators requested an interview with CCISD regarding this incident. Once again, CCISD “respectfully” declined this interview request and instead issued a statement.
CCISD welcomes public comments during meetings to make decisions and stay informed on matters the public wishes to bring to our attention. To this end, public school districts adopt policies and establish protocols to encourage input while ensuring a safe, respectful, and productive environment.
Since there was a request to be removed from speaking, CCISD thanks the resident who voluntarily ended his comment and voluntarily left the meeting room. We are reviewing procedures with executives who may have the ability to make decisions at the podium, including limiting motions to remove board meetings to speakers who personally attack individuals or use defamatory language or gestures. Spectators who cause disruption may also be removed.
Interview request was respectfully declined. Thank you very much.
CCISD statement
In the statement provided by CCISD, the district states that the resident voluntarily left the meeting room. However, it should be noted that Villarreal has ordered law enforcement to remove him. Miller said he was escorted out of the building by the county's police chief.
Q&A with Bill Aleshire:
6 Investigators reviewed CCISD's public participation policies following the Miller incident and had questions about three policies. KRIS 6 asked Aleshire for his expert opinion on these rules.
Ask: The second CCISD policy on public participation states: “Questions and comments must be directed to the board, not to individuals.” Is this a valid rule?
Answer: “If a board member has voted a certain way and citizens have a viewpoint they want to express about it, they are allowed to do so.”
Under Section 551.007 of the Open Meetings Act, a government agency may not prohibit public criticism of the government agency, including criticism of omissions, policies, procedures, programs, or services. The subsection does not apply to public criticism otherwise prohibited by law.
Sometimes when some board members vote one way or another, you can't criticize the board, you have to criticize those who voted a certain way that the citizen didn't like.
That's just common sense. Again: What is criticism of the body as opposed to individuals?
You can expressly refer to board member such and such. I really didn't like what you did regarding this and that. And they also have a constitutional right to protest, the so-called right of appeal. And that goes beyond the Open Meetings Act. This is a constitutional right in the Texas Constitution. And that goes beyond the statutes of the Open Meeting Act.”
Ask: CCISD Public Participation Policy No. 8 states: “Speakers or other persons who personally attack people or use offensive or defamatory language or gestures shall not be permitted and may be escorted out of the meeting room by security personnel.” That is one thing valid rule?
Answer: “Again, “abusive” is a vague term. And the rules and regulations that are vague are in reality unenforceable and risk being inconsistent in enforcement.
And what is a personal attack? If you name a person and say that you did this and that in your official capacity and I don't like that, is that a personal attack? So what is so personal about this language?
When the rules are so vague, they end up enforcing them one way when they don't care that much, rather than another. Now they have engaged in a violation of free speech based on the content of the speech.
Again, this kind of harsh control over what the public can say is borderline illegal behavior, but it also betrays a lack of fundamental acceptance and understanding of the need to hold a sensible meeting, and efficiently, but they ultimately have a responsibility to pay attention to what voters have to say.”
Ask: Number Nine of the CCISD Public Participation Statement states: “Exhibitions of hostility, including hand signs and behavior such as booing, clapping or cheering, are prohibited before the Board.” Is this a valid rule?
Answer: “Once again you run the risk of someone coming and testifying and saying, 'Chairman, you are the best public servant I have ever seen in my life,' and people clap and you don't throw that out.” I become that person expel her from the meeting or discipline her for saying it. But then someone comes and says, “Mr. Chairman, you are the worst official I have ever seen in my life,” and people clap and punish This speaker is flat middle because of their vague and unreasonable rules on violating the right to freedom Expression pursuant to the U.S. Constitution and the Texas Free Speech Provision.
Based on the content that discriminates against the position that people take and how they allow them to speak or not speak, or to try to punish them or discourage their speech in advance with such rules.
The problem with such rules is that they show a poor attitude on the part of the officer towards his responsibility to the public.”
Learn more:
What: KRIS 6 News, in collaboration with the Corpus Christi Caller-Times and the Freedom of Information Foundation of Texas, will host two workshops in February on the Open Meetings Act and the Public Information Act.
When/Where: February 3 from 5:00 p.m. to 6:30 p.m., Nueces County Commissioners Courtroom, 3rd floor of the Nueces County Courthouse, 901 Leopard Street.
Feb. 6 from 9 to 10 a.m., Robstown City Council Chambers, 101 E Main Ave.
For the latest local news updates, Click hereor download the KRIS 6 news app.