El Paso ISD trustees reviewed proposed language for board operating procedures on public comments during a Sept. 30 board workshop, emphasizing that speakers at public forum have First Amendment rights and that the presiding officer should be the board’s designated responder.

The discussion centered on how trustees may respond to statements made during the public forum portion of regular meetings and whether the operating procedures should restate limits already in policy BED local and the Texas Open Meetings Act. "The board must bear in mind that persons who speak during public forum have First Amendment rights," Susie, a staff member, said during the review. She added that the board should seek legal advice before disallowing a speaker on the basis of content.

Why it matters: The board wrestled with balancing transparency, legal limits on deliberation, and the practical need to correct factual errors during public comment without violating the Texas Open Meetings Act. Under current policy language discussed at the workshop, trustees may provide only specific factual information or recite existing policy in response to a public commenter; broader deliberation or decision‑making on unposted topics is not allowed.

Trustees asked whether the operating procedures should restate BED local’s guidance that the board "may elect" to hear up to one hour of public comment at regular meetings. "BED does say at regular meetings, the board may elect to hear for up to 1 hour, of public comment," Susie said. Several trustees pressed for clarity about whether factual corrections could be confirmed with administration in real time. Staff cautioned that while factual corrections are permissible, the safest practice is often to listen and, if appropriate, place a posted agenda item for later discussion.

The proposed operating procedures also state that only the presiding officer may respond to speakers during public forum; trustees discussed funneling requests for clarification through the presiding officer to avoid chaotic back‑and‑forth exchanges on the dais. "It may be more appropriate to funnel that through the board president," Susie said, describing the intent to avoid on‑the‑spot deliberation that could conflict with the Open Meetings Act.

No formal vote was taken at the workshop; trustees directed staff to refine the draft operating procedures and return them for placement on an upcoming agenda.