E; No. O8415ui9 FILED 29 Noy SHIRLEY DEMUS TARPLEY AND IN THE DISTRICT So Ree: 42 RACHEL RHODES LEWIS a seve, Plaintiffs, ong inct en CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT ~ SCHOOL DISTRICT BOARD OF —¥-———~ ‘TRUSTEES: § : Ths v. {38M orcrasanegpice 5 8 5 Defendants. § OF DALLAS COUNTY, TEXAS ORIGINAL PETITION FOR DECLARATORY JUDGMENT ‘TO THE HONORABLE JUDGE OF SAID COURT: NOW COME SHIRLEY DEMUS TARPLEY and RACHEL RHODES LEWIS, Plaintiffs herein, Sling this Petition for Declaratory Judgment, pursuant to the Texas Uniform Declaratory Judgments Act, Chapter 37 of the Texas Civil Practice and Remedies Code, and would show the Court the following 1. DISCOVERY CONTROL PLAN LEVEL Pisitffs intend that discovery be conducted under Discovery Level 2 Il, PARTIES AND SERVICE A. Plaindff, SHIRLEY DEMUS TARPLEY brings this action individually. Plinft resides in DALLAS County, Texas. B. The last three digits of the divers license number of SHIRLEY DEMUS Page 1 of 31 PLAINTIFF'S ORIGINAL PETITION FOR DECLARATORY JUDGMENT‘TARPLEY aze 864, The last thee digits of the socal security number for SHIRLEY DEMUS ‘TARPLEY are 320 €.Plainiff; RACHEL RHODES LEWIS brings this action individually. Painsft resides in DALLAS County, Texas D. The ast three digits ofthe diver license number of RACHEL RHODES LEWIS are 665. The last thre digits of the social security number for RACHEL RHODES LEWIS are_ 880. E, Defendant CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES (hereafter refered as ISD Board of Trustees), may be served with process by serving on LYNN CHAFFIN, an Individual whois a resident of “ena, in her capacity as President ofthe C-FBISD Board of Trustees, and may be served with process af the following address: Dallas City Hall, 1500 Marla Stet, Dallas, TX 75201 Service of sid Defendant as described sbove can be effected by personal delivery F. Defendant, C-FBISD Board of Trustees, may be served with process by serving con NANCY CLINE, an Individual whois a resident of Teas, in her capacity as Vice President ofthe C-FBISD Board of Trustes, and may'be served with process at the following address: 16801 Westgrove Drive, Addison, TX 75001. Service of sad Defendant as described above can be effected by personal delivery G. Defendant, C-FBISD Bost of Trustees, may be served with process by serving con FRANK SHOR, an Individual who isa resident of Texas, in his capacity as. Seeretary of C- FBISD Board of Trastes, and may be served with process atthe following address: 1620 E Beltline Rd, Carollton, TX 75006, Service of said Defendant as described above can be effected Page? of PLAINTIFF'S ORIGINAL PETITION FOR DECLARATORY JUDGMENT,by personal delivery H. Defendant, C-FBISD Board of Trustes, may be served with process by serving on NANCY WATTEN, an Individual whois resident of Texas, in er capacity as Assistant Secretary of C-FBISD Board of Trustees, and may be served with process at the following address: 2744 Bay Meadow CL, Farmers Branch, TX 75254, Service of ssid Defendant as described above can be effected by personal delivery. 1. Defendant, C-FBISD on tehalf of C-FBISD Board of Trustees, may be served with process by serving on BOBBY BURNS, an Individual who isa resident of Texas, in his capacity as Superintendent of C-FBISD, and may be served with process at the following sxidress: 1445 N, Pemy Road, Canoon, TX 75006. Service of said Defendant as described shove canbe effected by personal delivery M1, JURISDICTION AND VENUE ‘A. The subject matter in controversy is within the jurisdietional limits of this cour. B, This court has jurisdiction over the partes because Defendants are Texas residents, C.—Venue in DALLAS County is proper inthis eause under Section 15.002(a)3) of the Texas Civil Practie and Remesies Code because this eounty isthe county ofthe principal olfce of C-FBISD Boatd of Trustees, Defendant herein. Furthermore, because venue is proper with respect to Defendant C-FBISD Board of Trustees, venue for this action with respect tall Defendants is proper under 15.005 ofthe Texas Civil Practice and Remedies Code IV. STANDING ‘Texas Education Code § 11.151 (a) reads, “The trustees of an independent Page of 31 PLAINTIFF'S ORIGINAL PETITION FOR DECLARATORY JUDGMENT,school district const @ body corporate and in the name ofthe district may acquire and hold real and personal property, sue and be sued and recsive bequests and donations or other moneys cor funds coming legally into their hands. Tex. Gov't Code Ann. § 551.002 (tsp states lente 208) ‘Texas Government Code § 551.142(a) provides, “An interested person, incuding a __momber ofthe news medi, may bring an aston by mandamus o¢ijunetion to stop, prevent oF reverse violation or threatened violation ofthis chapter by members of governmental body.” Tex, Gov't Code Ann, §$51.142(Vemon 2008) The standing conferred by Texas Govemment Code § 551.142 is broader than tax payer standing, and its citizens do not need to prove en interest diferent fom the general public “because the interest protected in the Open Meetings [Act isin the interest of the general publ” Hays County Water Planning P'ship ». Hays County, 1 SW.38 174, 177-8 Tex. App-—Austin 2001, pt. Denied. An indvidval entled to seek ® srt of mandamas or injunction may also seek a decariory judgment pursuant to the Unifm Desertory Judgment Act chapter 37 ofthe Texas Civil Practice and Remedies Code, Cor Enters, 679 S.W2486 (Tex.. App-—Teaekana 1984) (recognizing news mecia’s right to bring declarstony judgment ation to determine fhe board hd violated the as) See alo Cip af Fort Worth: Groves, 746 S.W.24 907 Tex. APP— Fort Worth 1998, no writ) (esident of Attington had. standing to bring sit for declaratory judgment and injunction against te city fora violation ofthe Texas Open Mectings Act) Plant, SHIRLEY DEMUS TARPLEY, isa cesiden living within the tx district for the Carolton-Famers Branch Independent School District hereafter called “C-FBISD" she sa retired C-FBISD teacher; she began to work in the C-FBISD in 1969; and she is a former City of Page 4 of 31 PLAINTIFF'S ORIGINAL PETITION FOR DECLARATORY JUDGMENTCarrollton City Council member. SHIRLEY DEMUS TARPLEY strongly believes that the C- FBISD Board of Trustees’ actions result in «harm to the children ofthe district for which she cares so much about. Plaintiff, RACHEL RHODES LEWIS, is a resident living within the tax district for the (C-FBISD, has been a resident of Carrollton since 1971; she taught in C-FBISD for 11 years and “then retired as 2 reading specialists and she is currently serving on the Historic Preservation Advisory Committe for the city of Carrollton, RACHEL RHODES LEWIS strongly believes that the C-FBISD Board of Trustees’ actions result in a harm to the children of the district for ‘which she cares so much about. V. STATEMENT ON THE COMPLEXITY OF THIS SUIT ‘This isa complex case dealing with the Texas Open Meetings Act (also called “the Act”) ‘There are numerous facts to this case and there are numerous statutes and case laws that apply to this ease. A memorandum of law will be filed after the filing of this Petition and Defendant's Answer to supplement Plaintiff's ease; however, Plaintiffs requests oral argument to state their case infront of this Court ‘While this case mentions another case referred to as the Fleming Case, the purpose ofthis suit is not to discuss the merits ofthe Fleming case but rather the actions ofthe C-FBISD Board of Trustees in relation tothe Fleming case. It should be noted thatthe facts of Fleming case are cextrinscally intertwined with this ease. Page 5 of 31 PLAINTIFF'S ORIGINAL PETITION FOR DECLARATORY JUDGMENT,VI. SUMMARY OF PEOPLE DISCUSSED IN THE FACTS AND THE FACTS 1, Summary of People Discussed in the Statement of Fact Hon, Judge Molberg—95" District Court Judge for Dallas County, Texas whom rendered {judgement inthe Fleming case. Mr. Darrell Colman, Esq—Artomey for Plaintif, Mr. Richard Fleming, in Cause No. 09-07085 filed in the 95" District Court of Dallas County, Texas and Attorney for Appellee, Mr. Richard Fleming, in the Texas Court of Appeals, Dallas Division case assigned Cause No, 05-09-01166. a Mr. Bob Luna, Esq—Purported Attomey for Defendant, C-FBISD Board of Trustees and Lyn Chaffin, in Cause No, 09-07085 filed in the 95" District Court of Dallas County, Texas and Attomey'for Appellant, C-FBISD Board of Trustees and Lynn Chaffin, in the Texas Court of “Appeals, Dallas Division case assigned Cause No. 05-09-01166-CV. Ms. Lynn Chaffin—President for C-FBISD Board of Trustees; presiding officer of the canvassing board for the C-FBISD Board of Trustees, Ms, Nancy Cline—Vie President of C-FBISD Board of Trustees Mr. Frank Shor-—Secretary of C-FBISD Board of Trustees Ms, Nancy Watten-—Assistant Secretary of C-FBISD Board of Trustees Mr. James Goode—member of C-FBISD Board of Trustees Ms, Karin Webb—member of C-FBISD Board of Trustess Mr. Richard Fleming—member of C-FBISD Board of Trustees Dr. Bobby Burns—Superintendent of C-EBISD Mr, Mark Gommesen—a concemmed resident living inthe C-FBISD with ¢ child attending a C- FBISD school Mr. Matt Peterson—Reporter forthe Dallas Moraing News reporting on C-FBISD and the C- FBISD Board of Trustees Mr. Steve Blow—Columist for the Dallas Morning News writing on C-FBISD and the C- FBISD Board of Trustees, Page 6 0f31 PLAINTIFF'S ORIGINAL PETITION FOR DECLARATORY JUDGMENT,