HOW LONG DOES THE BOARD HAVE TO “DELIBERATE” AFTER A NONRENEWAL HEARING?

The school board in Sinton ISD conducted a hearing to consider the possible nonrenewal of teacher Mark Kellogg. After four hours of testimony and the introduction of 500 pages of exhibits (!), the board went behind closed doors to consider the matter. A mere 20 minutes later, they came out into open session and voted to nonrenew Mr. Kellogg’s contract.

Mr. Kellogg appealed to T.E.A., arguing, among other things, that the decision was “arbitrary and capricious” because the board spent such a short time in deliberations. After all, 20 minutes is barely enough time for the board members to eat the cookies and cake that are waiting for them in closed session.

But the Commissioner ruled in favor of the district, wasting few words disposing of Mr. Kellogg’s argument: “The amount of deliberation does not show that the board’s decision was arbitrary and capricious.” Appeal denied.

This decision makes sense. If the decision had gone the other way, we would all have to try to figure out how long the board has to deliberate to get past the “arbitrary and capricious” concern. Board members would decide the case, and then sit there for an hour or so telling jokes. Not good. And the longer you are in closed session, the more likely you are to violate the Open Meetings Act. So it’s a good thing that the Commissioner was OK with the board getting its work done efficiently.

The case is Kellogg v. Sinton ISD, Dkt. No. 077-R1-07-2014. It was decided by the Commissioner on August 29, 2014.

DAWG BONES: AFTER FOUR HOURS OF TESTIMONY, YOU PROBABLY HAVE YOUR MIND MADE UP.