Law Chambers

JAMES M. MURPHY 

December 26, 2006

 Dr. Michael Hinojosa
General Superintendent                                BY COURIER & CERTIFIED MAIL
Dallas Independent School District
3700 Ross Avenue
Dallas, Texas  75204

RE:  The Matter of Sherri Brokaw

Dear Dr. Hinojosa:

Please be advised that I represent Ms. Sherri Brokaw in connection with her present employment situation with the Dallas Independent School District.  As you know, Ms. Brokaw holds a contract position with the DISD as Director of Financial Control and Activity Funds.  Further, as you know, on July 18, 2006, you placed Ms. Brokaw on administrative leave with pay, ?based upon allegations of potential misconduct.?  DISD maintains that ?this action does not imply guilt or any wrongdoing? by Ms. Brokaw, and that it does not ?indicate any disciplinary action on the part of the District.?

Unfortunately, however, DISD Associate Superintendent Celso Martinez publicly impugned Ms. Brokaw?s integrity, reputation, and competence, and implicitly accused Ms. Brokaw of wrongdoing, misconduct and guilt in connection with the ?credit card investigation? in a Dallas Morning News article dated July 20, 2006.  Mr. Martinez falsely reported to the News that Ms. Brokaw was suspended with pay.  Mr. Martinez further stated that Ms. Brokaw was one of ?the ones that floated up to the surface pretty quickly? in an investigation into district credit card spending.  He also stated that ?[T]here are questions of competence.  She [Ms. Brokaw] should have caught? problems with the credit card program. 

In addition, DISD officials have directed that Ms. Brokaw refrain from talking to the media about the credit card investigation, and from publicly answering the charges made public by Mr. Martinez in the referenced article.

Ms. Brokaw contends that DISD and Martinez have deprived her of substantive due process by invading her constitutionally protected liberty interests when they caused to be made public, in an official and/or intentional way, false and stigmatizing allegations against Ms. Brokaw.  This deprivation of rights is further exacerbated by DISD?s instruction that Ms. Brokaw not speak to the media, or otherwise publicly answer the false allegations publicly made by Mr. Martinez, in contravention of Ms. Brokaw?s First Amendment right of free speech, and a chance to clear her name of these false and stigmatizing allegations against her.  This, Ms. Brokaw contends, is arbitrary, capricious, and malicious state action.

Thus, since Ms. Brokaw?s position with DISD remains in limbo, yet the stigma from Mr. Martinez?s statements is ongoing, Ms. Brokaw hereby demands a due process hearing so that she may have a proper forum within which to clear her good name. See Codd v. Velger, 429 U.S. 624, 627, 97 S.Ct. 624, 626-627, 51 L.Ed.2d 92, 95-96 (1977); accord Board of Regents v. Roth, 408 U.S. 564, 573, 92 S.Ct. 2701, 2707, 33 L.Ed.2d 548, 558 (1972).  Ms. Brokaw also demands that you, as General Superintendent of DISD, issue a direct order that rescinds any prohibition against Ms. Brokaw speaking publicly, including to the media, about the allegations that Mr. Martinez has publicly made against Ms. Brokaw.  Finally, as a matter of due process, Ms. Brokaw demands of DISD written notice of any allegations against Ms. Brokaw that deal with her competence in her position with DISD; written notice of allegations and/or facts that would support Mr. Martinez?s factual assertion that Ms. Brokaw ?should have caught? problems with the credit card program; and detail what problems in the credit card program Mr. Martinez refers to in his ?press conference? with the media.

Any action taken herein by DISD in retaliation for Ms. Brokaw?s assertion of her constitutional rights, such as termination before the expiration of her contract with DISD, will be considered a further deprivation of Ms. Brokaw?s state and federal constitutional rights, giving rise to actions under 42 U.S.C. ? 1983, et. seq.

Please provide due notice of the allegations and accusations against Ms. Brokaw which keep her in her current leave status, and to which Mr. Martinez refers in his ?press conference? on or about July 20, 2006.  Further, please advise me of the date, time and place of the due process, name-clearing hearing.  I request that neither you, nor any other DISD representative, contact Ms. Brokaw about this demand. Any communication regarding the matters addressed above should be directed to me.

If you have any questions, or desire additional information in this regard, please do not hesitate to contact me at the above address and/or phone number.

                                                                        Very truly yours,

                                                                        /s/ James M. Murphy

                                                                        James M. Murphy

JMM/jm