In the 1990s, the Tyler ISD planned to have a bond election to build new schools.  It was going to be an enormous bond election to build all new facilities at one time.  It was opposed by the Smith County Taxpayer Association.  During the run up to the election, JoAnn Fleming held a press conference on the steps of the Smith County Courthouse accusing the board of the Tyler ISD of violating the Texas Open Meetings Act.  She maintained that they violated the criminal portions of the statute and demanded that the District Attorney submit the matter to the Smith County Grand Jury sitting at the time.  Ultimately, the matter was submitted to the grand jury and the board was “no billed” which means that the grand jury found nothing to go forward on.  Ms. Fleming issued a press release stating that although no technical violation of the law may have occurred, the board no longer had the trust of the people.  The bond election failed, the Superintendent was forced to leave and his career ended early.  He was trying his best to do what he thought was right for the children of Smith County and was attacked for it by Ms. Fleming.

Fast forward to 2008 and Ms. Fleming and another are accused of violating the Texas Open Meetings Act.  No criminal complaint is alleged.  A civil suit is filed to determine if she made a mistake and to instruct her not to do it again.  Ms. Fleming and the other official filed a motion for summary judgment saying there was nothing to go to the jury (almost like a “no bill”), but the motion was denied.  The case went to trial.  The jury was asked to make the determination and the jury found that there were no violations of the Texas Open Meetings Act.  The plaintiff issued a statement honoring the jury for its service to the community.   

Over the next few days we will hear much about the 2008 incident and later trial and nothing about the earlier incident.  Interesting.  It almost seems like Ms. Fleming and the plaintiff in the most recent case are using the same playbook or that things that Ms. Fleming has done in the past are being done to her in a better more improved fashion.  Are any of these things good for Smith County?  Absolutely not.  But it appears that until all sides are willing to cooperate and work together without these under handed tactics and without things being done in secret, we may have these tactics arise in the future from time to time first by Ms. Fleming and then by someone else it appears.

Now that Ms. Fleming has left office, she has started a new Grass Roots Group.  It appears that we may be taking a step back in time to the 1990s.  Hopefully, the next time that Ms. Fleming decides to accuse good elected officials of committing crimes, she will recall the process that she went through and will have more compassion.  We will see, we will remember and we will report.