The El Paso ISD School Board voted unanimously late Tuesday night to appeal Texas Agency Education Commissioner Michael William's decision to appoint a five member board of managers to oversee them, effectively stripping them of their power.  The decision is pending pre-clearance by the U.S. Department of Justice which is expected to take 60 to 90 days, probably late February or March. 

Now, the school board members are asking for a review of Williams's decision. They are also pursuing their legal options to submit to the Department of Justice in hopes of preventing the five member board of managers from assuming the authority currently held by the school board. 

School board members cited voter's rights for the primary reason for their decision. They said they felt it nullifies and "silences" the votes of their constituents who elected them to the school board. 

Earlier in the night, City Rep. Susie Byrd asked the board to step down "gracefully." Many board members cited Byrd's comment and said that would not be representative of what the people in the community want.

"I want to send a message to the commissioner that we want to continue to run this district," said board member Russell Wiggs.

Rocio Benedictio said the commissioner played a "game, a political game" with his decision.

School board members expressed frustration, feeling as though they have met all the guidelines put forth to them by the TEA. There is also an election slated for May 2013 in which four board members are up for re-election. Board members felt Williams's decision effectively nullifies the upcoming election for voters. They believe he essentially made the decision for the voters without them getting a chance to go to the ballot boxes.

"If they don't want to re-elect me that's their right, but they should get the chance to at least vote," said board member Fred Barrajo.

Williams did mention in his announcement that there would continue to be elections for the school board. But if the board of managers is approved, then the elected school board member will be rendered powerless. 

"It silences the voters," said Benedictio. 

In addition, the school board has worked closely with Dr. Jude Castleberry, the TEA monitor assigned to oversee the district. Last week, Williams also elevated Castleberry to the position of conservator. This gives her the sole authority to overturn the board's decision. She also has the authority to direct the superintendent and to place items on the agenda or remove items from the agenda.

Some members of the public expressed their support of the commissioner's decision. There has been a sense of frustration among some who feel the board did not respond quickly enough in the wake of the cheating scandal brought about by former EPISD superintendent Lorenzo Garcia, who is now serving three years in prison for his actions. 

However, others attended the meeting in support of the school board. Many feel they elected the members of the board and want to see them continue to hold those seats. Others voiced skepticism over the five member board of managers since they are appointed and not elected.

The school board has until Dec. 16 to submit their response to the commissioner's decision. 

Earlier in the meeting, the board took turn reciting their code of ethics.

The board also received the findings from their 2012 financial audit which found that the board is in "sound financial shape." Board members hailed the audit as proof of fiscal accountability and said the findings are in direct contrast to a perception in the community that the school district is "mismanaged." The board celebrated the audit as "good news" which shows the district moving in a positive direction.