2017-67357 / Court: 270

10/10/2017 5:20 PM
Chris Daniel - District Clerk Harris County
Envelope No. 19982103
By: Nelson Cuero
Filed: 10/10/2017 5:20 PM

CAUSE NO.

DAVID BUREN WILSON, TRUSTEE

v.$

Plaintiff

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IN THE DISTRICT COURT

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SYSTEMS, EVA LOREDO,

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CHAIR,

CAROLYN EVANS-SHABAZZ, VICE

CFIAIR, JOHNHANSEN, TRUSTEE
ADRIANA TAMEZ, TRUSTEE

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HOUSTON COMMLINITY COLLEGE

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ROBERT GLASER, TRUSTEE
NEEETA SANE, TRUSTEE
CI IRISTOPHER OLIVER, TRUSTEE and
ZEPTICAPO, TRUSTEE

Defendants

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JUDICIAL DISTRICT

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HARRIS COLTNTY, TEXAS

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PLAINTIF'F''S ORIGINAL PETITION

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TO TI IE HONORABLE JUDGE OF SAID COURT:

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COMES NOW, DAVID BUREN WILSON, Plaintiff in the above styled and

of

numbered cause and files this his Original Petition and respectfully shows:

Discovery may be conducted under level one.

II.

Parties and Service

DAVID WILSON is a natural person and Trustee for Houston Community

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2.

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1.

Discovery

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I.

HOUSTON COMMUNITY COLLEGE SYSTEMS is a political subdivision

Un
of

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College Systems. Service may be affect though the undersigned attorney.

and may be served by and through its chancellor, Cesar Maldonado. Service may be
affected anywhere he may be found.

4.

EVA LOREDO, TRUSTEE AND CHAIR for Houston Community College

Systems. Service may be affected anywhere she may

5.

be found.

CAROLYN EVAIIS-SHABAZZ, TRUSTEE AI\D VICE CHAIR for Houston

Community College Systems. Service may be affected anywhere she maybe found.

 6.

.JOHN HANSEN, TRUSTEE for Houston Community College Systems. Service

may be affected anywhere he may be found.

7.

ADRIANA TAMEZ, TRUSTEE for Houston Community College

Systems.

Service may be affected anywhere she may be found.

8.

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ROBERT GLASER, TRUSTEE for Houston Community CollegeSystems.

Service may be affected anywhere he may be found.

9.

NEEETA SAllE, TRUSTEE for Houston Community College Systems. Service

CHRISTOPHER OLfVER, TRUSTEE for Houston Community College

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ZFJPIdCAPO, TRUSTEE for Houston Community College Systems. Service

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be found.

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Systems. Service may be affected anywhere he may

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may be affected anywhere she may be found.

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may be affected anywhere he may be found.

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Jurisdiction and Venue

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Jurisdiction and venue are proper in Harris County,Texas.

m.

Facts

On or about January 2010, the Houston Community College Systems Board of

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of

II.

of the Board Bylaws. The Board Bylaws codiff the rules

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Trustees adopted its modification

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and regulations in which the College and the Board of Trustees conduct its business. Article

''G" of the Board By-laws governs the General Board Meeting. Article G(S) provides:

"VOTING: Each Trustee's vote, or failure to vote, shall be recorded by
name. Only Trustees present in person may vote. Absent Trustees may listen to the
proceedings by electronic media, but may not vote on the proceedings. No proxy
votes shall be allowed. Other than situations in which

a two-thirds vote

is required,

 a majority
the Board

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vote

of

the total membership of the Board

will be required in order for

to act."

Based

on

reasonable belief, Trustee Wilson/Plaintiff asserts

that all

Houston

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Community College Trustees received proper training that affirmatively interpreted affirmed

Article G(5) to prohibit absentee voting, and that only board members present in
person are eligible to vote on any matter before the board/Board.

15.

On or about September2l,2017,, Trustee

/

Vice Chair Carolyn Evans-Shabazz

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was not physically present at this Board meeting. Trustee Evan-Shabazz appeared via a

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video conference and participated in the meeting, including casting her vote on each agenda

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item. Trustee Wilson objected to her participation/voting on matters before the Board,

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and asserted that Trustee Evan-Shabazz cotld not vote on any board agenda item, as

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violated the Board's By-laws. Nevertheless, Trustee Evans-Shabazz casted her votes,

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and such votes were officially recorded tallied along with the votes of the other

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The act of a Trustee voting, and having

the vote counted is an administrative

act,

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Trustees.

The Defendants refused to take position on the interpretation

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and not a discretionary act.

of

its own By-laws.

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Defendant's conduct ratifuing Evans-Shabazz's yote is the selective enforcement, or renders

the enforcement of Article G(5) arbitrary and capricious.

It

is necessary for the Court to

interpret Article G(5), as a matter of law so that Trustee David Wilson, and other similarly
situated

will know (1) if their physical presence is required

respective Board meeting; (2) whether their vote
necessary

will

to

participate at each

be counted; (3) what actions/ notices are

for Wilson to provide Houston Community College in

advance

if

he intends to

 participate via video conference; and (4) whether Houston Community College Systems

is/ or

shall be required to accommodate his request for video conference.

18.

Alternatively,

if the Court finds that participating

by video conference in the Board

meetings violates Article G(5) then the Court should declare her vote illegal and void.

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The Court should order a recount of each agenda item for the Board meeting on
September 21,2017.

IV.

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judgment

and

Plaintiff prays that Defendants be cited to appear and upon a final hearing,

and

Trustee David Wilson hereby sues Defendants

for

declaratory

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Causes ofAction.

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injunctive relief in accordance with the allegations above.

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sues for his reasonable

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Wilson hereby

Damages

and necessary attorney fees.

Prayer

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of

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is 

V.

relief whether general or

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declare the rights and responsibilities of the parties and any other

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of

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special, legal or equitable.

The Law

State Bar No.24027357

250ParkAvenue
League City, Texas 77573

Phone: 832-932-5970
Fax:832-932-5688
attnykgross@aol.com
Attorney for Plaintiff
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