5/24/2018 6:07 PM Chris Daniel - District Clerk Harris County 2018-35037 Court: 165 Filed: CAUSE NO. DAVID B. WILSON, TRUSTEE IN THE DISRICT COURT Plaintiff v. DISTRICT COURT HOUSTON COMMUNITY COLLEGE SYSTEMS, CAROLYN EVANS- SHABAZZ. CHAIR, and PRETTA VANDIBLE STALLWORTH, VICE CHAIR a TEXAS Defendants ORIGINAL NV TO THE HONORABLE JUDGE OF SAID COURT: 0 COMES NOW David B. Wilson, Trustee ?les this Plaintiff?s Original 0 Petition for and respectfully shows: QJO I. @covery ?l 1. Plaintiff requests that discovery?conducted under level three. QQDI Parties AS 2. PLAINTIFF, B. WILSON is a natural person and Trustee for Houston Systems. Service may be affected through the undersigned (258% 3. HOUSTON COMMUNITY COLLEGE SYSTEMS is a politic?l?hbdivision and may be served by and through its chancellor, Cesar Maldonado. Service may be accomplished per Rule 21(a). Defendant is an interested party. 4. DEFENDANT, CAROLYN EVANS-SHABAZZ, TRUSTEE AND CHAIR Envelope No. 24850512 By: Walter Eldridge 5/24/2018 6:07 PM In accordance with the HCC Board of Trustees Bylaws (Article A. Ethics, Section 5. Prohibited Communications/Political Contributions, as amended, and solicitations posted on the HCC Procurement Operations website are currently under the Blackout Period and subject to the Board of Trustees Bylaws regarding prohibited communi??ons The communications political contributions prohibioti@speriod shall begin on the date that the IFB, RFQ, or RFP or ot?} solicitation is issued, published or posted. The HCC (V ive Director of Purchasing will email noti?cation of the begi. 'ng and ending of the prohibited communications period to eacho?mstee and Senior Staff Member. The prohibition shall terminate thirty days after the contracx?'gs executed by the Chancellor or his or her designee or, when a ?g?nina?on is made that the contract will not be awarded.? (Q) Article A, Section 4 @e of Conduct Provides: The Board adopt?he following Code of Conduct for Trustees and . Senlor Staff: (DR h. KER from any attempt to in?uence any operational decision, includin @ut not limited to individual admissions, personnel, or purch?hg decisions, except when the decision is an agenda topic at an @621 board meeting. Section 5: Prohibited Communications/ Political Contributions. a. Except as provided below, political contributions and the following communications Whether written, oral, electronic, or otherwise, regarding a particular invitation for bid (IFB), request for proposal (RFP), request for quali?cation (RFQ), employment application or other solicitation are prohibited: 1. Communications between a potential vendor, subcontractor, service provider, bidder, broker, offeror, lobbyist or consultant and any Trustee, Senior Staff, or any member of the select% or evaluation committee; 11. On August 31, 2016, Trustee Wilson ?led a compl?that alleged Trustees Zeph Capo, Christopher Oliver, and Adriana Tamez @ated HCC code of Ethics Article A, Section 5 in June 2016 by commuxoiggang with a potential vendor: Bracewell, LLP The complaint was deliverthhe CHAIR, ADRIANA TAMEZ, and VICE CHAIR, ROBERT Subsequently, CAROLYN EVANS- SHABAZZ became CHAIR and TA VANDIBLE STALLWORTH, became 63) 29% 12. HCC Bylaws Arti?$1 (Mechanisms for Enforcement) requires Trustees to VICE CHAIR. report ethics code viol?? to the Board Counsel, and provides that ?the Chair, Vice Chair, or Chaggdi, as appropriate, will undertake a process to resolve the complaintz?k??ifle of the above undertook a process to resolve Trustee Wilson?s The acts and omissions of Defendants have undermined the HCC Bylaws and Code of Ethics. 13. On May 17, 2018 the HCC Board of Trustee conducted a regularly scheduled meeting. Three days prior to the meeting the Trustees were provided a packet which included the various agenda items to be voted on. At the beginning of the meeting, Wilson objected to going forward with the meeting by raising a point of order. Wilson indicated that HCC Bylaws required the Trustees should have received the agenda packet no later than ?ve calendar days prior to the meeting, and that going forward would violate HCC Bylaws. 14. The Board went forward with the meeting and voted on the/53 rticular items contrary to Bylaws. The Board did not otherwise vote to?9ku?pend the Bylaws, or take any other action that justi?ed their failure to compl y%?th Bylaws. Causes of Action Cause of Action No. 1: ?Ki? 15. Trustee, David Wilson hereby suggkfendants for declaratory judgment. Wilson requests the Court determiri?ggig rights and responsibilities under HCC Bylaws and determine 1) if Arti<@9 Section 11 is enforceable as written; (2) what . . K9 . . . process, if any must be 1mp1?ented to resolve ethics complalnts; (3) if any part of Article A is unenforcea then declare the duties, if any imposed on Trustees to report ethical violaths. Cause of Actio?o. 2: 16. W?f Mandamus: If the Court ?nds that HCC Bylaws require HCC Chair Vice @Qu or Chancellor to employ a process to resolve ethical complaints, then grant mandamus relief, and order Defendants to comply with said process and resolve Trustee?s complaint in accordance with it Bylaws. Cause of Action No. 3 17. Declaratory Relief: Trustee Wilson requests the Court determine the rights and responsibilities of Houston Community College to comply with Articles: H2(i), G8. 132(0). Thereafter, should the Court ?nd that Bylaws were violated. The Court should declare conduct illegal and enjoin the sf enforcement of all agenda items. VII. Capable of Repetition RL 18. The above causes of action are capable of repetition??it still evading review. Conditions Prece o@ 19. All conditions precedent necessary for Tg@t\ee Wilson to bring this lawsuit 0 has either been performed, or has occurred. N9 20. Wilson hereby sues for hi??easonable and necessary attorney?s fees. - LI Prayer "0 Plaintiff pra?g Defendants be cited to appear and upon a ?nal hearing, declare the rigloitvi?nd responsibilities of the parties and any other relief, whether general or @al, legal or equitable, award Wilson his reasonable and necessary ?3 attorne? . The Law ffi e-of Keith A. Gross By: eith A Eross Keith A. Gross State Bar No. 24027357 250 Park Avenue League City, Texas 77573 Phone: 832-932-5970 Fax: 832-932-5688 Attorney for Plaintiff