SAN BENITO — Public comment is back on the San Benito school board’s table.
For the second time in about three years, the school board is debating setting limits on residents’ comments during meetings’ public comment periods.
Earlier this week, board members delayed action on a proposal to limit residents’ comments during special meetings’ public comment periods.
“At regular board meetings, the board shall permit public comment, regardless of whether the topic is an item on the agenda posted with notice of the meeting,” the proposed revision states. “At all other board meetings, public comment shall be limited to items on the agenda posted with notice of the meeting.”
After discussion, board members delayed their votes, requesting board attorney Steven Weller review the proposed revision.
Requesting proposals clarification
“It lacked clarity for me,” board member Frutoso Gomez, who requested the proposal be tabled during Wednesday’s meeting, said Thursday. “I tabled it for legal to review to give us his opinion. I wanted to make sure there’s no confusion for the public. I do feel strongly that we need to allow our public to voice their concerns to the school board.”
Meanwhile, board member Orlando Lopez questioned the reason the proposal was up for a vote.
“We’ve had the same majority and the same board president for over two years, as well as the attorney, and I don’t understand what the urgency is to change public comment,” he said, adding he wanted officials to review the proposal.
“I think it really needs to be looked into,” he said.
“At regular board meetings, the board shall permit public comment, regardless of whether the topic is an item on the agenda posted with notice of the meeting,” the proposed revision states. “At all other board meetings, public comment shall be limited to items on the agenda posted with notice of the meeting.”
Moreno: TASB recommends revision
The Texas Association of School Boards recommended the district revise its public comment policy, board President Ramiro Moreno stated.
“The San Benito CISD board of trustees opted to seek out advice from TASB regarding public comment in an effort to ensure more equity and productivity,” he stated. “Upon the review from TASB, they recommended the policy be revised as it is an outlier policy since other school districts do not utilize this type of public comment forum. We want to ensure we stay focused on governance issues but still provide an opportunity to our constituents to express their concerns.”
Proposal raising questions
During Wednesday’s meeting, board member Ariel Cruz questioned whether the proposed policy would allow residents a chance to speak up during the board’s committee meetings, over which board quorums preside, making them subject to the Texas Open Meetings Act.
“I think this policy also does need to delineate that regular meetings and committee meetings will be allowed public comment,” she told officials.
In response, Superintendent Theresa Servellon said TASB recommended the district’s regularly scheduled meetings, including committee meeting, allow residents to speak on topics which aren’t posted on agendas.
“What TASB is saying, if you have regularly scheduled meetings, like your regular board meeting, your committee meetings, those are subject to public comment,” she told board members. “But if you have a special meeting, like a special-called or a hearing, anything like that, that would be where you don’t have to have the public comment.”
District response
On Thursday, district officials stated the public comment policy’s proposed revision aims to give residents the chance to speak out regarding their concerns while allowing board members to conduct district business.
“Public participation has been under review and will potentially be updated so it allows for community input as well as sufficient time for addressing all district issues,” Isabel Gonzalez, the district’s spokeswoman, stated. “The district and trustees will continue to ensure our community has a voice while also guaranteeing our school board meetings focus on district business and agenda items.”
“San Benito CISD continually evaluates its processes, procedures and policies to provide a premier educational institution for the local community,” she stated. “This starts in the boardroom, where trustees work collaboratively to ensure staff and students are supported. All school board policies set the foundation for a governance platform that is productive and also enhances the educational experience for our students.”
Background
In 2019, state Rep. Terry Canales, whose district includes Hidalgo County, pushed for a new amendment to the Texas Open Meetings Act requiring governments give residents a chance to speak out on issues before they go to a vote.
After the new law went into effect Sept. 1, 2019, the past school board’s majority, which included Lopez, set a new policy restricting the district’s public comment period to topics posted on meeting agendas.
At the time, the board’s majority said the policy complied with the Open Meetings Act’s new amendment.
Before the board’s majority set the new policy, the school board had offered residents a chance to speak up on topics not posted on agendas — either at the beginning or end of meetings.
After the school district’s 2020 election shifted the board’s balance of power, the new majority, with Moreno serving as president, set the district’s current public comment policy, allowing residents to speak out on topics not posted on agendas during meetings, including regular, special and committee meetings.
