Meeting Conduct

Meeting Procedures All Governing Board meetings shall begin on time and shall be guided by an agenda prepared in accordance with Governing Board bylaws and posted and distributed in accordance with the Ralph M. Brown Act (open meeting requirements) and other applicable laws. The Governing Board president shall conduct Governing Board meetings in accordance with Governing Board bylaws and procedures that enable the Governing Board to efficiently consider issues and carry out the will of the majority. The Governing Board believes that late night meetings deter public participation, can affect the Governing Board's decision-making ability, and can be a burden to staff. Regular Governing Board meetings shall be adjourned by 10:30 p.m. unless extended to a specific time determined by a majority of the Governing Board. The meeting shall be extended no more than once and, if necessary, may subsequently be adjourned to a later date. Quorum and Abstentions The Governing Board shall act by majority vote of all of the membership constituting the Governing Board. (Education Code 35164) The Governing Board believes that when no conflict of interest requires abstention, its members have a duty to vote on issues before them. When a member abstains, his/her abstention shall not be counted for purposes of determining whether a majority of the membership of the Governing Board has taken action. Provided the Governing Board typically has five members and there are no more than two vacancies on the Governing Board, the vacant position(s) shall not be counted for purposes of determining how many members of the Governing Board constitute a majority. In addition, whenever any provisions of the Education Code require unanimous action of all or a specific number of the members, the vacant position(s) shall not be counted for purposes of determining the total membership constituting the Governing Board. (Education Code 35165) Public Participation Members of the public are encouraged to attend Governing Board meetings and to address the Governing Board concerning any item on the agenda or within the Governing Board's jurisdiction. So as not to inhibit public participation, persons attending Governing Board meetings shall not be requested to sign in, complete a questionnaire, or otherwise provide their name or other information as a condition of attending the meeting, except that if the meeting is conducted using remote public participation or with a Governing Board member attending remotely pursuant to Government Code 54953, a member of the public desiring to provide comment through the use of a third party internet website or online platform may be required to register as required by the third party provider. In order to conduct district business in an orderly and efficient manner, the Governing Board requires that public presentations to the Governing Board comply with the following procedures: - The Governing Board shall give members of the public an opportunity to address the Governing Board on any item of interest to the public that is within the subject matter jurisdiction of the Governing Board, either before or during the Governing Board's consideration of the item. (Education Code 35145.5, Government Code 54954.3) - At a time so designated on the agenda at a regular meeting, members of the public may bring before the Governing Board matters that are not listed on the agenda. The Governing Board shall take no action or discussion on any item not appearing on the posted agenda, except as authorized by law. (Education Code 35145.5, Government Code 54954.2) - Without taking action, Governing Board members or district staff members may briefly respond to statements made or questions posed by the public about items not appearing on the agenda. Additionally, on their own initiative or in response to questions posed by the public, a Governing Board or staff member may ask a question for clarification, make a brief announcement, or make a brief report on their own activities. (Government Code 54954.2) Furthermore, the Governing Board or a Governing Board member may provide a reference to staff or other resources for factual information, ask staff to report back to the Governing Board at a subsequent meeting concerning any matter, or take action directing staff to place a matter of business on a future agenda. (Government Code 54954.2) - The Governing Board need not allow the public to speak on any item that has already been considered by a committee composed exclusively of Governing Board members at a public meeting where the public had the opportunity to address the committee on that item. However, if the Governing Board determines that the item has been substantially changed since the committee heard the item, the Governing Board shall provide an opportunity for the public to speak. (Government Code 54954.3) - A person wishing to be heard by the Governing Board shall first be recognized by the president and shall then proceed to comment as briefly as the subject permits. The president may also ask a member of the public with the same viewpoint to select a few individuals to address the Governing Board on behalf of that viewpoint. The president may take a poll of speakers for or against a particular issue and may ask that additional persons speak only if they have something new to add. Individual speakers shall be allowed up to three minutes to address the Governing Board on each agenda or non-agenda item. Should 1-10 people wish to address any topic, the Governing Board may elect to allot three minutes per speaker. Should 11-20 people wish to address any topic, the Governing Board may elect to allot two minutes per speaker. Should more than 20 people wish to address any topic, the Governing Board may elect to allot one minutes per speaker. With Governing Board consent, the president may increase or decrease the time allowed for public presentation, depending on the topic and the number of persons wishing to be heard. In order to ensure that non-English speakers receive the same opportunity to directly address the Governing Board, any member of the public who utilizes a translator shall be provided at least twice the allotted time to address the Governing Board, unless simultaneous translation equipment is used to allow the Governing Board to hear the translated public testimony simultaneously. (Government Code 54954.3) - The Governing Board president may rule on the appropriateness of a topic, subject to the following conditions: If the topic would be more suitably addressed at a later time, the president may indicate the time and place when it should be presented. The Governing Board shall not prohibit public criticism of its policies, procedures, programs, services, acts, or omissions. (Government Code 54954.3) In addition, the Governing Board shall not prohibit public criticism of district employees. However, whenever a member of the public initiates specific complaints or charges against an individual employee, the Governing Board president shall inform the complainant of the appropriate complaint procedure. - The Governing Board president shall not permit any disturbance or willful interruption actual disruption of Governing Board meetings. Persistent Actual disruption by an individual or group or any conduct or statements that threaten the safety of any person(s) at the meeting shall be grounds for the president to terminate the privilege of addressing the Governing Board and remove the individual from the meeting. The Governing Board president or designee may remove an individual for actually disrupting the meeting. Prior to removal, the individual shall be warned that their behavior is disrupting the meeting and that failure to cease the disruptive behavior may result in removal. If, after being warned, the individual does not promptly cease the disruptive behavior, the Governing Board president, or designee, may then remove the individual from the meeting. (Government Code 54957.95) When an individual's behavior constitutes the use of force or a true threat of force, the individual shall be removed from a Governing Board meeting without a warning. (Government Code 54957.95) Disrupting means engaging in behavior during a Governing Board meeting that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law, or engaging in behavior that constitutes use of force or a true threat of force. (Government Code 54957.95) True threat of force means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat. (Government Code 54957.95) Additionally, the Governing Board may order the room cleared if necessary. In this case, members of the media not participating in the disturbance shall be allowed to remain, and individuals not participating in such disturbances may be allowed to remain at the discretion of the Governing Board. When the room is ordered cleared due to a disturbance, further Governing Board proceedings shall concern only matters appearing on the agenda. (Government Code 54957.9) When disruptive conduct occurs, the Governing Board may decide to recess the meeting to help restore order, or if removing the disruptive individual(s) or clearing the room is infeasible, move the meeting to another location. The Governing Board may direct the Superintendent or designee to contact local law enforcement as necessary. Recording by the Public Members of the public may record an open Governing Board meeting using an audio or video recorder, still or motion picture camera, cell phone, or other device, provided that the noise, illumination, or obstruction of view does not persistently disrupt the meeting. The Superintendent or designee shall designate locations from which members of the public may broadcast, photograph, or tape record open meetings without causing a distraction. If the Governing Board finds that noise, illumination, or obstruction of view related to these activities would persistently disrupt the proceedings, these activities shall be discontinued or restricted as determined by the Governing Board. (Government Code 54953.5, 54953.6)