The details
Trustees voted 4-3 to approve the additional legal expenditures during the board’s Oct. 15 meeting. Trustees Martina Lemond Dixon, Robert Sitton and Marques Holmes cast the dissenting votes.
With the increase, district officials have now approved $650,000 for Walsh Gallegos for the 2024-25 school year, district documents show. During the 2023-24 school year, Walsh Gallegos received around $1.15 million after trustees approved several rounds of additional funds to the law firm throughout the year.
While some trustees said the additional spending is needed to deal with pending legal matters, several questioned the amount of money that has been awarded to the law firm since the beginning of the 2023-24 school year.
Some context
In April, trustees authorized Walsh Gallegos to assist the district in a series of Title IX investigations stemming from a complaint filed against former HISD Athletic Director Troy Kite in early 2023.
Kite, who retired from the district in April, married HISD Superintendent Elizabeth Fagen in 2023 after disclosing their relationship to the board in March 2022. Fagen has previously said she recused herself from the investigation.
In May, Trustees voted to place Fagen on paid administrative leave before voting to propose the termination of her contract in July.
Fagen, who is still on paid administrative leave, appealed the board’s decision to the Texas Education Agency, district officials confirmed in mid-October.
A closer look
During the Oct. 15 meeting, Sitton raised concern over being asked to approve an additional spending increase to Walsh Gallegos.
“How in the world are we continuing to justify giving them more and more money every time we turn around,” Sitton said. “We’re getting close to $2 million at this point to one firm.”
Holmes said he would be more comfortable approving additional expenditures to the law firm if he had a clearer understanding of how the money was being used.
“I know at one point, we were getting itemized invoices, and I know it stopped,” Holmes said. “I don't have a problem if we need to increase it. I just would like to know why.”
Trustee Robert Scarfo said itemized invoices have been available in the past, noting trustees should be able to review that information upon request.
Scarfo also said he believed it was disingenuous to suggest all the money is being paid to Walsh Gallegos, noting the law firm’s agreement with the district allows for Walsh Gallegos to hire its own vendors to assist in the investigation.
“The payments for all the other law firms have gone through them,” Scarfo said. “Hopefully there will be a detail as to the expenses that will be available so that everyone will be able to see what makes up all those pieces—all the different Title IX investigations, [public information] requests, hearings, all those things.”
Following the discussion, acting Superintendent Roger Brown said invoices would be made available to trustees before they consider approving additional funds to the law firm in the future.
What's next
Following Fagen's appeal of the board's decision to propose the termination of her contract, HISD officials said a TEA-appointed hearing examiner will review the case and provide a recommendation to HISD trustees. Board members will then consider making a final determination regarding the proposed termination of Fagen’s contract.
