San Benito school board closes committee meetings

SAN BENITO — For years, the San Benito school board made its committee meetings open to the public.

Now, under the district’s new board of trustees, the planning meetings have become closed to the public because they don’t require a quorum of board members, so they’re no longer subject to the Texas Open Meetings Act.

“Committee meetings of the San Benito CISD board of trustees are being conducted differently during the ongoing 2023-2024 academic year,” the district’s website states.

“Said meetings no longer involve a quorum and are held in an informal setting to consider agenda items that may be placed on the agenda for the month’s board meeting,” the website states. “The routine board meeting(s) will include all agenda items and information that the board of trustees will act on, and the public will be provided with information regarding said items. It is important to note that the Texas Open Meetings Act does not apply when a quorum of school board trustees is not present and those in attendance are not conducting decision-making business.”

Interpreting the law

Meanwhile, Reid Pillifant, an Austin attorney serving the Freedom of Information Foundation of Texas, said the state law is unclear as to whether school boards’ committee meetings are subject to the Texas Open Meetings Act.

“If a committee is just making recommendations, they’re not subject to the act, but if a committee is making final decisions, or rubber-stamping, they may be subject to the act,” he said in an interview. “It’s a gray area.”

At the Freedom of Information Foundation in Austin, Executive Director Kelly Shannon said the school board could choose to open its committee meetings to the public.

“I’m not sure they can automatically say they’re closed to the public,” she said. “That’s not in the spirit of the Open Meetings Act nor is it in the spirit of public accountability.”

In Texas, school districts’ regular and special board meetings require quorums of board members, making them subject to the Open Meetings Act.

While school districts such as the Harlingen school district hold committee meetings requiring quorums, subjecting them to the Open Meetings Act, other districts such as the Raymondville school district hold committee meetings for which they do not require quorums.

Facing little opposition

Despite little local opposition to the change, Rosalinda Garcia, a real estate agent, has called on school board President Orlando Lopez to open up the meetings for such committees as the administrative, building, curriculum and finance committees.

“If committee meetings would be open as before, that would give taxpayers opportunities to speak against his actions during public comment,” she posted on Facebook, referring to Lopez. “If committee meetings would be open as before, that would benefit the taxpayer when allowed to listen to board discussions and become informed.”

Committee information presented at board meetings

After the district’s new board of trustees took office in May, the board changed the way committee meetings are conducted, based on Superintendent Theresa Servellon’s recommendation, Lopez said.

“It was her recommendation and the board members agreed,” he said in an interview. “It’s a faster, more efficient process.”

Lopez said the committee meetings’ information is presented to the full school board during its regular meetings for approval, giving residents a chance to speak up during those meetings’ public comment periods.

“That information has to come to the board, then the board can ask questions as a collective seven,” he said. “Everything’s that’s approved in the committee meetings goes on the agenda for board approval.”

‘Respective of staff time’

Meanwhile, board member Rudy Corona, who serves as chairman of the building committee, said the new meetings held at 3:30 p.m. during the first Tuesdays of the month don’t require staff to attend often lengthy night meetings after their work days.

“That’s what the school board and the district wanted to do to alleviate teachers’ time. Our staff was staying too late,” he said in an interview. “It’s being more respective of people’s time — a lot of teachers and upper administration. There were a lot of resources spent there. They seem to go a little quicker this way. We get to the point much faster.”