CASTRO'S BISD CENSURE CARRIES NO LEGAL IMPLICATIONS; CAN HE BE ADMONISHED FOR POLICIES ADOPTED AFTER THE FACT?

Brownsville Herald

After meeting behind closed doors for nearly three hours Monday night, the Brownsville Independent School District Board of Trustees voted to place the proposed censure of trustee Erasmo Castro on the agenda for the board’s next meeting.

The vote was 6-1, with Castro voting against the measure. Castro attended Monday night’s meeting but was not present during the closed-door session. The meeting where his proposed censure will be on the agenda is scheduled for 5:30 p.m. Oct. 29 in the board room of the BISD administration building at 1900 Price Road.

Castro said he would ask the board to discuss the proposal to censure him in open session.

Monday night, the board reconvened in open session after meeting in closed session for about two hours and 45 minutes. During the closed session, Brownsville attorney Star Jones represented Castro.

Before voting to place the proposed censure on the Oct. 29 agenda, board member Drue Brown read this statement: “The BISD Board of Trustees does not approve of nor support the behavior of inappropriate postings on Facebook and alleged intoxication by Mr. Erasmo Castro. His behavior, as alleged in a parent’s complaint, is inconsistent with the BISD board’s strong commitment to the safety and education of the students served by the Brownsville Independent School District.”

She also said the statement would be provided to Castro, as per sanctions approved by the board when it recently updated its Board Standard Operating Procedures Manual to include guidelines for board members visiting schools.

Board action against Castro appears to stem from complaints filed by a parent about his behavior, Castro’s arrest Sept. 2 on charges of driving while intoxicated in Brownsville and reports of Castro allegedly being intoxicated in public.

The parent’s complaint appeared to be about Castro taking pictures with students at schools and posting them on his Facebook page.

The board on Oct. 8 refined its policy on access to school facilities to clearly state that board members are included and need permission just like anyone else to visit a school, and that not following guidelines for access constitutes trespassing.

(1) the member is convicted of a felony or misdemeanor, other than a misdemeanor punishable by fine only,or is determined by the board to have violated a policy adopted by the board; and

(2) the board acts in compliance with procedures that meet the requirements specified by this section.

(b) The procedures followed by the board must include the following components:
(1) proceedings are conducted in compliance with Chapter 551, Government Code;

(2) the board member subject to censure is:

(A) provided with written notice in accordance with Subsection (c) of the basis on which the board proposes to censure the member;

(B) given the opportunity for a public hearing on the issues presented in the notice required by

Paragraph (A) at which the member and the board may present and cross-examine witnesses;

(C) permitted to present and cross-examine witnesses during a closed meeting, to the extent that deliberation of an issue presented in the notice required by Paragraph (A) occurs in a closed meeting authorized by Chapter 551, Government Code; and

(D) permitted to be represented by counsel, provided that the member bears the cost of the representation, subject to potential reimbursement of attorney's fees associated with an appeal to district court, as provided by Subsection (e); and

(3) the decision to censure the member must be adopted at a regular board meeting by an affirmative vote of two-thirds of the members of the board in an open meeting.
(c) The board must provide the notice described by Subsection (b)(2)(A) not later than the date of the regular board meeting that immediately precedes the regular board meeting at which the board may vote on whether to censure the member.

(d) A member of the board who is censured may appeal the censure by trial de novo to the district court of the county in which the school district's central administrative office is located.
(e) If an appeal is brought under Subsection (d), the court shall award court costs and reasonable attorney's fees to the prevailing party.