Sunday, August 4, 2013

Analysis and Commentary of Wednesday, July 31, 2013

Dissecting the post of Wednesday, July 31, 2013:

The analysis and commentary regarding the July 31st post(1) will be rather limited due to the availability of information.  The posted information appears to have originated from a closed session agenda item not readily available to the general public.   A closed session is legally allowed when an entity needs to discuss personal matters, talk with their attorney or discuss land purchases/sales.

"Why is Myers deliberately publishing information or even general knowledge learned in closed session?"

Legally there is not a penalty to do so, but is not recommended  "..it is possible that such a discussion could waive the governing body's claim of attorney-client privilege if a member revealed attorney-client communications that occurred during a closed meeting".(2)

So by possibly publishing what may have been discussed in closed session, Myers may have irrevocably harmed the school district from it's attorney-client privilege.(2)

Myers Statement:  Myers has a very interesting opening in this post:  "A resident of Allen, who pays taxes to the ISD, should be aware that the law states that a Trustee who sits on the board is actually only a state official when in session. Anytime before, or after, the Trustee is just a taxpaying citizen like everyone else. We receive no pay, or benefits, for sitting on the board, and thus we maintain regular jobs as the normal citizen would. We aren't some tyrannical team of miscreants that stand upon their high post and preach their needs first. If we are then we need to go. We in fact are just citizens who were elected by you to represent and protect your needs when it comes to the ISD and its expenditures. I can assure you that all of the board members I sit with exhibit a great deal of care when it comes to administering the duties of the office. But we are just humans as well, and humans are easily influenced, especially when in unfamiliar surroundings...and most particularly with the scrutinization of 100's of millions of dollars of taxpayer money. Such responsibilities will intimidate anyone -- if it doesn't then that individual may not be suited for the job."

Response:  Interesting statement from someone who berated the school board for the last two years.  He does appear to "preach his needs first" by wanting the service center moved away from his residence.  

Given Myers has been wrong 55% of the time(3) with simple numbers that are easily to obtain, should we really believe much of what he claims?

Myers Statement:  ."I will continue to follow the rules and stand up when I know something is wrong.."

Response:  Interesting statement from someone who ran a campaign by breaking the rules (raising money without a treasurer on file), it may not seem like a big deal, except it is a Class A Misdemeanor.(4,5,6)

Final Analysis:  

"Why is Myers deliberately publishing information or even general knowledge learned in closed session?"  

The general conclusion may be any of the following:

  • He is intentionally trying to harm the district by revealing this information.
  • He is intentionally trying to harm one or individuals by revealing this information.
  • He is attempting to justify his voting record.
  • He doesn't understand the implications his actions may have on the district.

What do you think?

Source Documents:
  1. Myers Blog http://allentxisd.blogspot.com/2013/07/allen-isd-and-my-recent-board.html
  2. 2012 Open Meetings Act Made Easy, page 28, pdf page35, Question 88.  https://www.oag.state.tx.us/AG_Publications/pdfs/openmeetings_easy.pdf
  3. Myers Fact Check  http://myersfactcheck.blogspot.com/2013/08/analysis-and-commentary-of-october-2.html
  4. Allen American, April 25, 2013  http://www.scntx.com/articles/2013/04/25/allen_american/news/496.txt
  5. Allen ISD Campaign Documents via FOIA  
  6. Texas Election Code 253.031  http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.253.htm#253.031



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