Before Beaumont ISD’s board of trustees votes on whether to place the renaming of the district’s football stadium on the ballot Monday evening, they will meet in closed session to discuss the legal parameters with their attorney.
Some community leaders, including city councilmember Mike Getz, are questioning whether the closed portion of the meeting violates Texas open meeting laws, although BISD’s attorney says the session is all above board.
“I am not aware of any pertinent legal matters that the board could possibly discuss with regard to placing a matter on the May ballot that would allow the public to determine the name of the BISD stadium should continue as Memorial Stadium or revert back to having the Thomas name on it,” Getz said over the weekend.
Several exceptions are listed on the agenda posted Friday, including a section that allows for the private consultation between a governmental body and an attorney on certain matters.
BISD’s attorney, Sierra Fisher, said the provision allows for any discussion that would be protected by attorney-client privilege and that the discussion would be limited to the legal parameters of the provision.
“What is posted is consultation about the stadium because it is the intent of the board to consult with me and get my analysis recommendation for compliance with the law with regard to how they move forward considering the stadium’s name,” Fisher said. “Anytime they are consulting with regard to my recommendations and options that is subject to attorney-client privilege and therefore is allowed to be conducted in closed session.”
The cited codes allow for private meetings between the board and attorney to discuss active or pending litigation or settlements, and other matters where the attorney’s duty of confidentiality conflicts with the requirement for open meetings, according to a Q & A on the rule published by the Texas Association of School Boards.
Getz said the listed items don’t fall into any of those categories.
“As far as the petition to put it on the ballot, I’m all for it,” Getz said. “My only concern is (the board) getting in there behind closed doors and discussing something that is of public interest, and that I don’t see how in the world that would pertain to a legal matter.”
The special meeting was called a day after board members voted down a proposal to revert the name of the complex, currently known as Memorial Stadium, to that of a former superintendent Carrol Thomas.
A debate over the name has highlighted longstanding rifts in the community, with several board members agreeing that allowing voters to make a final decision would provide closure and an opportunity for the district to move on.
The meeting is scheduled for 5:45 p.m Monday evening.
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