CONDUCT OF PUBLIC MEETINGS

BOARD POLICY - 9323

It is the intent of the Board of Education to provide for the reasonable and orderly transaction of business and to assure members of the public of their right to appear before the Board.

Introduction of Items Not Appearing on the Agenda:

Members of the Board of Education, Administration or members of the public may introduce subjects within the jurisdiction of the Board not listed on the agenda. However, no action shall be taken in a regular meeting on a subject not listed on the published agenda, except when:

  1. the Board, by majority vote of those members present, determines that the meeting is a special meeting to respond to an emergency situation;
  2. the Board determines, by either a 2/3 majority or if unavailable a unanimous vote of all Board members present, that the need to take immediate action arose after the posting of the agenda;
  3. the matter was properly posted for a previous meeting occurring not less than five (5) days earlier, and was continued to an adjourned meeting for the purpose of taking action.

Discussion of Agenda Items

Discussion of items on the agenda by any person other than a Board member shall be allowed upon recognition of the individual, and under the guidance of the presiding officer of the Board unless the Board by majority vote agrees to disallow such a discussion.

Request for Placing an Item on the Agenda

Any Board member or member of the public may request that a matter within the jurisdiction of the Board be placed on the agenda of a regular meeting. The request shall be submitted in writing to the Superintendent or designee with supporting documents and information, if any, at least seven (7) calendar days before any regular meeting. Items submitted less than seven (7) calendar days before the scheduled meeting date may be postponed to a later meeting in order to allow sufficient time for consideration and research of the issue.

The Board president and Superintendent shall determine whether the specific matter is within the subject matter jurisdiction of the Board and is appropriate for an open Board meeting or if the request is merely a request for information or whether the issue is covered by an existing policy or administrative regulation.

The Board president and Superintendent shall decide whether an agenda item is appropriate for discussion in open or closed session, and whether the item should be an action item subject to Board vote, an information item that does not require immediate action, or a consent item that is routine in nature and for which no discussion is anticipated.

A date for a Board meeting will be set as soon as practicable, bearing in mind such considerations as conformance to the Brown Act and Roberts Rules of Order regarding such matters, allowing sufficient time to gather pertinent information, assembling members of the staff who have sufficient knowledge of the subject, and placing the matter on the printed agenda of a Regular Board Meeting. The Superintendent shall notify the individual or group of the time and the place of the meeting of the requested item.

To be acceptable, a written request for Board consideration of a matter should include:

  1. name, address, email address and/or telephone number of the person or persons wishing to speak and the name of the organization or group represented, if any;
  2. topic title;
  3. statement of action to be requested of the Board and pertinent background information leading to the request;
  4. relevant attachments and/or additional information appropriate for consideration;
  5. requested Board meeting date.

At the discretion of the Board, limitations may be placed upon the length of time any subject may be discussed, the number of persons permitted to speak to a given subject, and the time to be allotted to each speaker.

Delegation

As a delegation, any member of the public may address topics not appearing on the agenda. The Board will not take action on any item presented under “Oral Communications,” except as agreed to by a majority of members present. The Board may consider requests made under “Oral Communication” for items to be placed on the agenda at a future date.

“Oral Communication” will be heard near the beginning and ending of all regular Board meetings.

The president may limit the time devoted to presentations. Advance notice of a delegation’s intention to appear is requested.

Rules of Conduct

  1. No person shall orally initiate charges or complaints against individual employees of the District at a public meeting of the Board. All such charges or complaints shall be presented to the Superintendent and/or the Board in writing, signed by the complainant. All such charges, if presented to the Board directly, shall be referred to the Superintendent for investigation and report.
  2. Remarks by any person addressing the Board which reflect adversely upon the racial, religious, economic, or political views, character or motives of any person on the staff, and Board, or at the meeting are out of order. Persistence in such remarks shall be grounds for summary termination, by the Board president, of the person’s privilege of address.
  3. No boisterous conduct shall be allowed at any time.
  4. All persons addressing the Board must identify themselves by name and address.
  5. There will be no smoking at public Board Meetings.

Changes in Procedures

All procedures are subject to adjustment at the discretion of the Board in order that its business may be conducted in the most constructive manner.

Legal Reference:

Education Code
78 “Governing Board” defined
35144 Special meetings
35145 Public meetings
35145.5 Agenda; public participation; regulations
35146 Closed sessions
52034(c) Reasonable opportunities for each school site council representatives to meet with governing board

Government Code
54950 Open Meetings, et. seq.

Policy Adopted: November 3, 1980
Policy Revised: February 17, 1987
Policy Revised: April 6, 2004
Policy Revised: February 16, 2016