Actions By The Board

San Francisco Unified School District and County Office of Education 

Board Rule and Procedure 9323.2

Actions By The Board

 

This Rule and Procedure applies to the San Francisco Unified School District and the County Office of Education.

 

The Board of Education shall act by a majority vote of all of the membership constituting the Board, unless otherwise required by law.  (Education Code 35164)

 

An “action” by the Board means:  (Government Code 54952.6)

1. A collective decision by a majority of the Board members
2. A collective commitment or promise by a majority of the members to make a positive or negative decision
3. A vote by a majority of the members when sitting as the Board upon a motion, proposal, resolution, order, or ordinance

The Board shall not take action by secret ballot, whether preliminary or final.  (Government Code 54953)

 

Actions taken by the Board in open session shall be recorded in the Board minutes.  (Education Code 35145)

 

Action on Non-Agenda Items

 

After publicly identifying the item, the Board may take action on a subject not appearing on the posted meeting agenda under any of the following conditions: (Government Code 54954.2)

 

1. When a majority of the Board determines that an emergency situation exists, as defined for emergency meetings pursuant to Government Code 54956.5
    
2. When two-thirds of the members present, or if less than two-thirds of the members are present then by a unanimous vote of all members present, determine that the need to take immediate action came to the district’s attention after the agenda was posted
    
3. When an item appeared on the agenda of, and was continued from, a meeting that occurred not more than five days earlier

 

(cf. 9320 – Meetings and Notices)

(cf. 9322 – Agenda/Meeting Materials)

 

Challenging Board Actions

 

Any interested person or the district attorney’s office may present a demand that the Board cure and correct a Board action which he/she alleges is in violation of any of the following (Government Code 54960.1):

1. Open meeting and teleconferencing (Government Code 54953)
2. Agenda posting (Government Code 54954.2)
3. Closed session item descriptions (Government Code 54954.5)
4. New or increased tax assessments (Government Code 54954.6)
5. Special meetings (Government Code 54956)
6. Emergency meetings (Government Code 54956.5)

Any demand to “cure and correct” an alleged violation shall clearly describe the challenged action and the nature of the alleged violation and shall be presented to the Board in writing within 90 days of the date when the action was taken.  If the alleged violation concerns action taken in an open session but in violation of Government Code 54954.2 (agenda posting), the written demand must be made within 30 days of the date when the alleged action took place.  (Government Code 54960.1)

 

Within 30 days of receiving the demand, the Board shall do one of the following: (Government Code 54960.1)

1. Cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct.
2. Determine not to cure or correct the alleged violation and inform the demanding party in writing of its decision to not cure or correct.
3. Take no action. If the Board takes no action within the 30-day review period, its inaction shall be considered a decision not to cure or correct the action.

In addition, the district attorney’s office or any interested party may file an action in court to determine the applicability of the Brown Act to any past Board action not specified in Government Code 54960.1, if the following conditions are met: (Government Code 54960.2)

1. Within nine months of the alleged violation, a cease and desist letter is submitted to the Board, clearly describing the past Board action and the nature of the alleged violation.
2. The time for the Board to respond has expired and the Board has not provided an unconditional commitment to cease and desist from and not repeat the past action alleged to have violated the Brown Act.

Action to Approve Employment Contracts for Management Employees

 

The Board may deliberate about terms of an employment contract with a management employee in closed session at a regular meeting.  However, discussions regarding the salary, salary schedule, or other compensation may occur in the closed session of a regular meeting only between the Board and its designated representative(s), as permitted under Government Code 54957.6 (the “labor exception”), for the purpose of reviewing the Board’s position and/or instructing the designated representative(s) prior to or during bona fide negotiations with the current or prospective Superintendent. Such deliberations shall not be held during a special meeting. (Government Code 54956, 54957, 54957.6)

 

The Board may consult with district legal counsel prior to holding a closed session with the designated representative(s) to discuss compensation to be paid to the current or prospective Superintendent.

 

(cf. 9320 – Meetings and Notices)

(cf. 9321 – Closed Session Purposes and Agendas)

(cf. 9321.1 – Closed Session Actions and Reports)

 

Terms of the contract shall remain confidential until the ratification process commences.

 

(cf. 9011 – Disclosure of Confidential/Privileged Information)

 

The Board shall take final action on the employment contract during an open session of a regularly scheduled Board meeting, and that action shall be reflected in the Board’s minutes. At that meeting, prior to taking action, the Board shall orally report a summary of the recommendation for the final action on the employment contract. (Government Code 3511.1, 53262, 54953)

 

Copies of the contract shall be available to the public upon request.  (Government Code 53262, 54953, 54957.6)

 

(cf. 1340 – Access to District Records)

(cf. 3580 – District Records)

 

 

Legal Reference:

 

EDUCATION CODE

15266   School construction bonds

17466   Declaration of intent to sell or lease real property

17481   Lease of property with residence for nondistrict purposes

17510-17511   Resolution requiring unanimous vote of all members constituting board

17546   Private sale of personal property

17556-17561   Dedication of real property

17582-17583   District deferred maintenance fund

35140-35149   Meetings

35160-35178.4   Powers and duties

48660-48661   Community day schools establishment and restrictions

CODE OF CIVIL PROCEDURE

425.16   Special motion to strike in connection with a public issue

1245.240   Eminent domain vote requirements

1245.245   Eminent domain, resolution adopting different use

GOVERNMENT CODE

53090-53097.5   Regulation of local agencies by counties and cities

53724   Parcel tax resolution requirements

53790-53792   Exceeding the budget

53820-53833   Temporary borrowing

53850-53858   Temporary borrowing

54950-54963   The Ralph M. Brown Act, especially:

54952.6   Action taken, definition

54953   Meetings to be open and public; attendance; secret ballots

54960   Action to prevent violations

65352.2   Coordination with planning agency

GOVERNMENT CODE

3511.1-3511.2   Local agency executives

6250-6270   California Public Records Act

53243-53243.4   Abuse of office

53260-53264   Employment contracts

54953   Oral summary of recommended salary and benefits of superintendent

54954   Time and place of regular meetings

54956   Special meetings

54957   Closed session personnel matters

54957.1   Closed session, public report of action taken

54957.6   Closed sessions regarding employee matters

UNITED STATES CODE, TITLE 26

105   Self-insured medical reimbursement plan; definition of highly compensated individual

UNITED STATES CODE, TITLE 42

300gg-16  Group health plan; nondiscrimination in favor of highly compensated individuals

CODE OF FEDERAL REGULATIONS

1.105-11   Self-insured medical reimbursement plan

COURT DECISIONS

San Diego Union v. City Council, (1983) 146 Cal.App.3d 947

ATTORNEY GENERAL OPINIONS

57   Ops. Cal. Atty. Gen. 209 (1974)

 

PUBLIC CONTRACT CODE

3400   Bid specifications

20111   Contracts over ,000; contracts for construction; award to lowest responsible bidder

20113   Emergencies, award of contracts without bids

COURT DECISIONS

Los Angeles Times Communications LLC v. Los Angeles County Board of Supervisors, (2003) 112 Cal.App.4th 1313

McKee v. Orange Unified School District, (2003) 110 Cal.App.4th 1310

Bell v. Vista Unified School District, (2002) 82 Cal.App.4th 672

Boyle v. City of Redondo Beach, (1999) 70 Cal.App.4th 1109

 

Management Resources:

CSBA PUBLICATIONS

The Brown Act: School Boards and Open Meeting Laws, 2009

ATTORNEY GENERAL PUBLICATIONS

The Brown Act: Open Meetings for Local Legislative Bodies, 2003

LEAGUE OF CALIFORNIA CITIES PUBLICATIONS

Open and Public IV: A Guide to the Ralph M. Brown Act, 2007

WEB SITES

CSBA: http://www.csba.org

California Attorney General’s Office: http://www.caag.state.ca.us

Institute of Local Government: http://www.ca-ilg.org

 

 

Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.