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CAUSE NUMBER: 23 DCV 304053
DENETTA R. WILLIA IN THE DISTRICT COURT OF
Plaintiff/Contestant
FORT BEND COUNTY, TEXAS
SONYA JONES
Defendant/Contestee JUDICIAL COURT
FORT BEND I.S.D. TRUSTEES
SUED IN THEIR OFFICIAL
CAPACITY
JUDY DAE, DAVID HAMILTON,
SHIRLEY ROSE GILLIAM,
KRISTEN MALONE, RICK GARCIA and
ANGIE HANAN
COUNTY OF FORT BEND, TEXAS
Sued in his official capacity
JOHN OLD , Election
Administrator
Defendants.
PLAINTIFF’S/CONTESTANT SECOND AMENDED ORIGINAL
PETITION
TO THE HONORABLE JUDGE OF THIS COURT:
Plaintiff/ Contestant, Denetta R. Williams (“Williams”), files this original
Petition Asserting Election Contest and, in support hereof, would show the Court
as follows:
I. DISCOVERY PLAN
Discovery is intended to be conducted pursuant to a tailored discovery plan
under Level 3 of the Texas Rules of Civil Procedure 190.4. In the interest of justice,
Plaintiff/Contestant request the Court to enter a scheduling order providing for an
expedited discovery and trial.
The final canvassed results of the general election conducted on May 6,
2023, shows the defendan, Sonya Jones (“Jones”) as the winner of board of
trustee, position 5 with a complete and utter disregard of the fact, the term of
office of Position 5 which Williams was duly elected to serve on November 3,
2020, does not expire until November 2023.
Williams will demonstrate to the court that the order of election filed on
January 9, 2023, is in violation of the laws of the state. Tx Education Code Section
11.059 and 11.0581. She will further show the Court, the ultra vires action by the
FBISD’s Board of Trustees, under the color of law and Fort Bend County’s Election
Administrator, which subsequently resulted in Jones being declared the winner for
Position 5 on May 6, 2023, violated her rights under the 14th Amendment of the
U.S. Constitution and trespassed on the Legislature’s authority to enact laws.
Therefore, the election must be declared void.
II. PARTIES
1. Plaintiff/Contestant, Denetta R. Williams is an individual who was duly
elected to serve as a board of trustee member for Fort Bend I.S.D.
position 5.
2. Defendant/Contestee, Sonya Jones is an individual who was declared the
winner of the ultra vires election administered on May 6, 2023.
3. Defendant, Judy Dae currently serves as a FBISD school board member.
4. Defendant, Shirley Rose-Gilliam serves as a FBISD school board member.
5. Defendant, Rick Garcia serves as a FBISD school board member.
6. Defendant, David Hamilton serves as a FBISD school board member.
7. Defendant, Angie Hanan serves as a FBISD school board member.
8. Defendant, Kristen Malone serves as a FBISD school board member.
9. Defendant, John Oldham is employed by Fort Bend County as the Election
Administrator.
III. JURISDICTION AND VENUE
10. The subject matter in controversy is within the jurisdictional limits of this
court, and the Court has jurisdiction over this action pursuant to Article V,
Section 8, of the Texas Constitution and section 24.007 of the Texas
Government Code, as well as the Texas Uniform Declaratory Judgments
Act.
11. This Court has jurisdiction because all Defendants reside in Texas.
12. The Plaintiff seeks non-monetary relief.
13. Venue is proper in Fort Bend County because all the defendants reside in
Fort Bend County.
IV. BACKGROUND
14. February 14, 2020, Williams filed to run for the full term of FBISD Trustee,
Position 5 (see exh A).
15. On August 17, 2020, the board of trustees amended their election order
which articulated the school board election will consist of position 1, 4,
and 5 being on the ballot for the full term of office (see exh B).
16. On November 3, 2020, Williams was declared the winner for FBISD
Position 5.
17. On November 16, 2020, the Board of Trustees voted unanimously to
accept the election results for the November 3, 2020, general election
which declared Williams the winner (see exh C).
18. On January 9, 2023, the board of trustees, in an egregious and malicious
violation of Williams’ constitutional rights, placed position 5 on the ballot
knowing the term of office for the seat is three years (see exhibit D).
19. On April 17, 2023, in a complete and total disregard for the laws of the
State, John Oldham and Fort Bend ISD executed a joint election
agreement and contract for election services knowing the County, City
nor the State of Texas was holding an election on May 6, 2023, therefore
any agreement to offer such was a flagrant violation of the law. Texas
Education Code Chapter 11 section 11.0591 (a) (1) and (2). (See exhibit
E).
20. On April 23, 2023, Williams filed a TRO with the Court to force the
Trustees to abide by the laws of the state.
21. On May 1, 2023, Williams amended her petition and emailed her fellow
trustees a copy.
22. On May 2, 2023, Williams appeared before the 434th seeking the TRO .
The board’s attorney, Jonathan Brush, appeared and announced himself
as the Attorney of Record for the defendants. Robert Scamardo appeared
and announced himself as the Counsel for the district knowing FBISD was
not listed as a party to the suit. Williams requested and subsequently
received a continuance for May 5, 2023.
23. On May 5, 2023, Williams, Pro se, appeared before the 434th , again
seeking a TRO against the ultra vires May 6, 2023, general election. The
defendants did not appear in court because they were not legally served
in accordance with the Texas Rules of Civil Procedure. However, Jonathan
Brush did appear and proceeded to falsely claim he represented the six
trustees and FBISD. Mr. Brush argued the plea to the jurisdiction knowing
he was not authorized by the board members to act in such a capacity.
Sometime soon thereafter, Brush argued against the TRO knowing the
board did not authorize him to act in such a capacity.
24. On May 8, 2023, Associate Judge Argie Brame recorded an Order of
Dismissal with prejudice knowing the case was never heard on the merits
by a competent court.
V. CAUSE OF ACTION
25. The Plaintiff incorporates the foregoing paragraphs in support of the
following causes of action.
26. The Plaintiff request declaratory relief under the Uniform Declaratory
Judgments Act (“UDJA”).
The UDJA is remedial and intended to settle and afford relief from
uncertainty and insecurity with respect to rights under state law and
must be liberally construed to achieve that purpose. Tex. Civ. Prac. &
Rem. Code Section 37.002. The UDJA waives the sovereign immunity of
the State and its officials in actions that challenge the constitutionality of
government actions and that seek equitable relief.
27. Pursuant to the UDJA, Plaintiff seeks a declaratory judgment of the May
6, 2023, school board election:
a. It is ultra vires and exceeds the board ‘s authority under the Texas
Education Code Chapter 11 Section 11.059 TERMS (a).
b. It is ultra vires and exceeds the board’s authority under the Texas
Education Code Chapter 11 Section 11.0581 JOINT ELECTION
REQUIRED (a) An election for trustees of an independent school
district shall be held on the same date as: (1) the election for the
members of the governing body of a municipality located in the
school district; and (2) the general election for state and county
officers.
VI. ARGUMENT
28. Article 7 Section 1 of the Texas Constitution granted the authority to the
legislature to create a free public education system.
29. In exercising the authority granted to the legislature to create a free
public education system, chapter 11 of the Texas Education Code was
enacted which include section 11.059 (a) TERM: A TRUSTEE OF AN
INDEPENDENT SCHOOL DISTRICT SERVES A TERM OF THREE OR FOUR
YEARS. Section 11.0581 (a) which required an election for trustees of
an independent school district to be held on the same date as the
election for the members of the governing body of a municipality
located in the school district or during the general election for state and
county officers.
30. The board of trustees is a body corporate, created by the legislature
and is constitutionally barred from enacting laws of the State.
Therefore, the board of trustees’ decision to reduce the term of office
for the Plaintiff below the statutory minimum is ultra vires and a
flagrant violation of the Plaintiff’s Constitutional Rights. Texas Education
Code Chapter 11 section 11.059 (a).
31. The UDJA is not a general waiver of sovereign immunity. Heinrich, 284
S.W. 3d at 370. Rather, the UDJA is merely a procedural device for
deciding cases already within a Court’s Jurisdiction. “Cheanult v. Phillips,
914 S.W. 2d. 140, 141 (Tex. 1996).
32. The Texas Supreme Court in deciding City of El Paso V. Heinrich, 284 S.W.
3d. 366 (Tex. 2009). Heinrich held that declaratory judgement claims
alleging “ultra vires” actions are not barred by governmental immunity,
reasoning that ultra vires claims do not seek to control the government,
but rather to reclaim control from an official allegedly acting in violation
of the law.
33. The City of Sugar Land, the County of Fort Bend, nor the State of Texas
held a general election for their governing bodies and or state officers on
May 6, 2023. With such being the case, Fort Bend I.S.D. was prohibited
from conducting a general election on May 6, 2023, as a matter of state
law. Tx Education Code Chapter 11 section 11.0581 (a) (1) (2).
34. Article 2 Section 1 prohibits the three branches of government from
exercising any power properly attached to the other. Considering the
authority to enact laws of the State is attached to the legislature, the
board of trustees did not have the legal authority to reduce Williams’
term in office.
35. The ballot for the November 3, 2020, joint general election did NOT state
trustee position 5 was for an UNEXPIRED term as required by the Texas
Election Code Chapter 52 section 52.069 which states: If an office to be
filled for an unexpired term is to be voted on at a general or primary
election, “unexpired term” shall be printed on the ballot following the
office title. (See exhibit F)
VII. CLAIMS FOR RELIEF
36. Contestant brings this lawsuit under Title 14, Chapter 221 of the Texas
Election Code.
37. This lawsuit arises out of provable unlawful and systemic violations of
the laws of the State by those charged with administering the election.
VIII. RELIEF REQUESTED
38. Upon trial declare the May 6, 2023, board of trustee and school bond
election VOID.
IX. DEFENDANTS RESPONSE
THE DEFENDANTS MUST FILE A RESPONSE WITHIN 10 DAYS OF BEING SERVED
THIS CITATION.
Respectfully Submitted,
/s/ Denetta R. Williams
Denetta R. Williams, Pro se
denettawilliams@aol.com
(713) 657-9371
3309 Primrose canyon Lane
Pearland, Texas 77584
CERTIFICATE OF SERVICE
This is to certify that on this 29th day of August 2023, a true and correct copy of
the above and foregoing instrument was properly served to the Defendants
through a court summons or the court’s efile system in accordance with Rule 21a
of the Texas Rules of civil Procedure.
SONYA JONES (Attorney of record via efile)
JUDY DAY (S.O.S.)
SHIRLEY ROSE-GILLIAM (S.O.S.)
DAVID HAMILTON (S.O.S.)
RICK GARCIA (S.O.S.)
ANGIE HANAN (S.O.S.)
KRISTEN MALONE (S.O.S.)
JOHN OLDMAN (S.O.S.)
/s/ Denetta R.Williams
Denetta R. Williams, Pro Se
3309 Primrose Canyon Lane
Pearland, Texas 77584
denettawilliams@aol.com
Preview
CAUSE NUMBER: 23 DCV 304053 DENETTA R. WILLIA IN THE DISTRICT COURT OF Plaintiff/Contestant FORT BEND COUNTY, TEXAS SONYA JONES Defendant/Contestee JUDICIAL COURT FORT BEND I.S.D. TRUSTEES SUED IN THEIR OFFICIAL CAPACITY JUDY DAE, DAVID HAMILTON, SHIRLEY ROSE GILLIAM, KRISTEN MALONE, RICK GARCIA and ANGIE HANAN COUNTY OF FORT BEND, TEXAS Sued in his official capacity JOHN OLD , Election Administrator Defendants. PLAINTIFF’S/CONTESTANT SECOND AMENDED ORIGINAL PETITION TO THE HONORABLE JUDGE OF THIS COURT: Plaintiff/ Contestant, Denetta R. Williams (“Williams”), files this original Petition Asserting Election Contest and, in support hereof, would show the Court as follows: I. DISCOVERY PLAN Discovery is intended to be conducted pursuant to a tailored discovery plan under Level 3 of the Texas Rules of Civil Procedure 190.4. In the interest of justice, Plaintiff/Contestant request the Court to enter a scheduling order providing for an expedited discovery and trial. The final canvassed results of the general election conducted on May 6, 2023, shows the defendan, Sonya Jones (“Jones”) as the winner of board of trustee, position 5 with a complete and utter disregard of the fact, the term of office of Position 5 which Williams was duly elected to serve on November 3, 2020, does not expire until November 2023. Williams will demonstrate to the court that the order of election filed on January 9, 2023, is in violation of the laws of the state. Tx Education Code Section 11.059 and 11.0581. She will further show the Court, the ultra vires action by the FBISD’s Board of Trustees, under the color of law and Fort Bend County’s Election Administrator, which subsequently resulted in Jones being declared the winner for Position 5 on May 6, 2023, violated her rights under the 14th Amendment of the U.S. Constitution and trespassed on the Legislature’s authority to enact laws. Therefore, the election must be declared void. II. PARTIES 1. Plaintiff/Contestant, Denetta R. Williams is an individual who was duly elected to serve as a board of trustee member for Fort Bend I.S.D. position 5. 2. Defendant/Contestee, Sonya Jones is an individual who was declared the winner of the ultra vires election administered on May 6, 2023. 3. Defendant, Judy Dae currently serves as a FBISD school board member. 4. Defendant, Shirley Rose-Gilliam serves as a FBISD school board member. 5. Defendant, Rick Garcia serves as a FBISD school board member. 6. Defendant, David Hamilton serves as a FBISD school board member. 7. Defendant, Angie Hanan serves as a FBISD school board member. 8. Defendant, Kristen Malone serves as a FBISD school board member. 9. Defendant, John Oldham is employed by Fort Bend County as the Election Administrator. III. JURISDICTION AND VENUE 10. The subject matter in controversy is within the jurisdictional limits of this court, and the Court has jurisdiction over this action pursuant to Article V, Section 8, of the Texas Constitution and section 24.007 of the Texas Government Code, as well as the Texas Uniform Declaratory Judgments Act. 11. This Court has jurisdiction because all Defendants reside in Texas. 12. The Plaintiff seeks non-monetary relief. 13. Venue is proper in Fort Bend County because all the defendants reside in Fort Bend County. IV. BACKGROUND 14. February 14, 2020, Williams filed to run for the full term of FBISD Trustee, Position 5 (see exh A). 15. On August 17, 2020, the board of trustees amended their election order which articulated the school board election will consist of position 1, 4, and 5 being on the ballot for the full term of office (see exh B). 16. On November 3, 2020, Williams was declared the winner for FBISD Position 5. 17. On November 16, 2020, the Board of Trustees voted unanimously to accept the election results for the November 3, 2020, general election which declared Williams the winner (see exh C). 18. On January 9, 2023, the board of trustees, in an egregious and malicious violation of Williams’ constitutional rights, placed position 5 on the ballot knowing the term of office for the seat is three years (see exhibit D). 19. On April 17, 2023, in a complete and total disregard for the laws of the State, John Oldham and Fort Bend ISD executed a joint election agreement and contract for election services knowing the County, City nor the State of Texas was holding an election on May 6, 2023, therefore any agreement to offer such was a flagrant violation of the law. Texas Education Code Chapter 11 section 11.0591 (a) (1) and (2). (See exhibit E). 20. On April 23, 2023, Williams filed a TRO with the Court to force the Trustees to abide by the laws of the state. 21. On May 1, 2023, Williams amended her petition and emailed her fellow trustees a copy. 22. On May 2, 2023, Williams appeared before the 434th seeking the TRO . The board’s attorney, Jonathan Brush, appeared and announced himself as the Attorney of Record for the defendants. Robert Scamardo appeared and announced himself as the Counsel for the district knowing FBISD was not listed as a party to the suit. Williams requested and subsequently received a continuance for May 5, 2023. 23. On May 5, 2023, Williams, Pro se, appeared before the 434th , again seeking a TRO against the ultra vires May 6, 2023, general election. The defendants did not appear in court because they were not legally served in accordance with the Texas Rules of Civil Procedure. However, Jonathan Brush did appear and proceeded to falsely claim he represented the six trustees and FBISD. Mr. Brush argued the plea to the jurisdiction knowing he was not authorized by the board members to act in such a capacity. Sometime soon thereafter, Brush argued against the TRO knowing the board did not authorize him to act in such a capacity. 24. On May 8, 2023, Associate Judge Argie Brame recorded an Order of Dismissal with prejudice knowing the case was never heard on the merits by a competent court. V. CAUSE OF ACTION 25. The Plaintiff incorporates the foregoing paragraphs in support of the following causes of action. 26. The Plaintiff request declaratory relief under the Uniform Declaratory Judgments Act (“UDJA”). The UDJA is remedial and intended to settle and afford relief from uncertainty and insecurity with respect to rights under state law and must be liberally construed to achieve that purpose. Tex. Civ. Prac. & Rem. Code Section 37.002. The UDJA waives the sovereign immunity of the State and its officials in actions that challenge the constitutionality of government actions and that seek equitable relief. 27. Pursuant to the UDJA, Plaintiff seeks a declaratory judgment of the May 6, 2023, school board election: a. It is ultra vires and exceeds the board ‘s authority under the Texas Education Code Chapter 11 Section 11.059 TERMS (a). b. It is ultra vires and exceeds the board’s authority under the Texas Education Code Chapter 11 Section 11.0581 JOINT ELECTION REQUIRED (a) An election for trustees of an independent school district shall be held on the same date as: (1) the election for the members of the governing body of a municipality located in the school district; and (2) the general election for state and county officers. VI. ARGUMENT 28. Article 7 Section 1 of the Texas Constitution granted the authority to the legislature to create a free public education system. 29. In exercising the authority granted to the legislature to create a free public education system, chapter 11 of the Texas Education Code was enacted which include section 11.059 (a) TERM: A TRUSTEE OF AN INDEPENDENT SCHOOL DISTRICT SERVES A TERM OF THREE OR FOUR YEARS. Section 11.0581 (a) which required an election for trustees of an independent school district to be held on the same date as the election for the members of the governing body of a municipality located in the school district or during the general election for state and county officers. 30. The board of trustees is a body corporate, created by the legislature and is constitutionally barred from enacting laws of the State. Therefore, the board of trustees’ decision to reduce the term of office for the Plaintiff below the statutory minimum is ultra vires and a flagrant violation of the Plaintiff’s Constitutional Rights. Texas Education Code Chapter 11 section 11.059 (a). 31. The UDJA is not a general waiver of sovereign immunity. Heinrich, 284 S.W. 3d at 370. Rather, the UDJA is merely a procedural device for deciding cases already within a Court’s Jurisdiction. “Cheanult v. Phillips, 914 S.W. 2d. 140, 141 (Tex. 1996). 32. The Texas Supreme Court in deciding City of El Paso V. Heinrich, 284 S.W. 3d. 366 (Tex. 2009). Heinrich held that declaratory judgement claims alleging “ultra vires” actions are not barred by governmental immunity, reasoning that ultra vires claims do not seek to control the government, but rather to reclaim control from an official allegedly acting in violation of the law. 33. The City of Sugar Land, the County of Fort Bend, nor the State of Texas held a general election for their governing bodies and or state officers on May 6, 2023. With such being the case, Fort Bend I.S.D. was prohibited from conducting a general election on May 6, 2023, as a matter of state law. Tx Education Code Chapter 11 section 11.0581 (a) (1) (2). 34. Article 2 Section 1 prohibits the three branches of government from exercising any power properly attached to the other. Considering the authority to enact laws of the State is attached to the legislature, the board of trustees did not have the legal authority to reduce Williams’ term in office. 35. The ballot for the November 3, 2020, joint general election did NOT state trustee position 5 was for an UNEXPIRED term as required by the Texas Election Code Chapter 52 section 52.069 which states: If an office to be filled for an unexpired term is to be voted on at a general or primary election, “unexpired term” shall be printed on the ballot following the office title. (See exhibit F) VII. CLAIMS FOR RELIEF 36. Contestant brings this lawsuit under Title 14, Chapter 221 of the Texas Election Code. 37. This lawsuit arises out of provable unlawful and systemic violations of the laws of the State by those charged with administering the election. VIII. RELIEF REQUESTED 38. Upon trial declare the May 6, 2023, board of trustee and school bond election VOID. IX. DEFENDANTS RESPONSE THE DEFENDANTS MUST FILE A RESPONSE WITHIN 10 DAYS OF BEING SERVED THIS CITATION. Respectfully Submitted, /s/ Denetta R. Williams Denetta R. Williams, Pro se denettawilliams@aol.com (713) 657-9371 3309 Primrose canyon Lane Pearland, Texas 77584 CERTIFICATE OF SERVICE This is to certify that on this 29th day of August 2023, a true and correct copy of the above and foregoing instrument was properly served to the Defendants through a court summons or the court’s efile system in accordance with Rule 21a of the Texas Rules of civil Procedure. SONYA JONES (Attorney of record via efile) JUDY DAY (S.O.S.) SHIRLEY ROSE-GILLIAM (S.O.S.) DAVID HAMILTON (S.O.S.) RICK GARCIA (S.O.S.) ANGIE HANAN (S.O.S.) KRISTEN MALONE (S.O.S.) JOHN OLDMAN (S.O.S.) /s/ Denetta R.Williams Denetta R. Williams, Pro Se 3309 Primrose Canyon Lane Pearland, Texas 77584 denettawilliams@aol.com