Update: District Attorney will not file charges against School Board members

Trevor Nichols, News Editor

The Fort Bend District Attorney’s office has announced that it will not file charges against Katy Independent School District and members of the Katy ISD Board of Trustees based on alleged violations of the Texas Open Meetings Act.

“Fort Bend County District Attorney John Healey has determined that no criminal charges will be filed based on a complaint brought to his office in February 2012 by Mr. William Proctor, a current trustee on the School Board of Katy ISD,” Healey said in a statement released by the Fort Bend District Attorney’s office. “This decision was based on careful consideration of the law regarding the Texas Open Meetings Act and factual information obtained by an investigator with the District Attorney’s Office.”

As previously reported, prior to the announcement Healey’s office was investigating a claim filed by Board member Dr. Bill Proctor against Board President Rebecca Fox. The claim stated that Fox and other Board members had violated the Texas Open Meetings Act by allegedly holding a “rolling quorum” in a series of phone calls during May 2011, prior to the election of new officials to the Board.

“I appreciate Mr. Healy’s attention, thorough investigation, and quick resolution of this matter,” Fox said in an official statement. “With this issue behind us, I look forward to continuing this year’s work on district goals and community engagement, as well as our ongoing work to ensure that every student’s academic journey is the best that we can provide.

Healey’s office found that there was not “proof beyond a reasonable doubt” to prosecute Fox or the other Board members.

“Going forward, the District Attorney’s Office is hopeful that the current and future board members, after consultation with the District’s legal counsel, will consider revising the manner in which the issue of officer selections on the Board is first approached, and that prior to a public meeting, members will go into less detail about who might be interested in filling the roles of various offices on the Board,” Healey said. “If this occurs, the spirit and letter of the law relating to the Open Meetings Act will be served.”

Proctor was elected to the School Board in May 2011. Fox was originally elected as a Board trustee in 2004.