San Francisco Unified School District and County Office of Education
Board Rule and Procedure 9012
Board Member Electronic Communications
This Rule and Procedure applies to the San Francisco Unified School District and the County Office of Education.
The Board of Education recognizes that electronic communication among Board members and between Board members, District administration, and members of the public is an efficient and convenient way to communicate and expedite the exchange of information and to help keep the community informed about the goals, programs, and achievements of the District and its schools. Board members shall exercise caution so as to ensure that electronic communications are not used as a means for the Board to deliberate outside of an agendized Board meeting, circumvent the public’s right to access records regarding District business, or restrict access to a public forum.
(cf. 1100 – Communication with the Public)
(cf. 6020 – Parent Involvement)
(cf. 9000 – Role of the Board)
(cf. 9322 – Agenda/Meeting Materials)
A majority of the Board shall not, outside of an authorized meeting, use a series of electronic communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the Board. (Government Code 54952.2)
(cf. 9320 – Meetings and Notices)
Examples of permissible electronic communications concerning District business include, but are not limited to, dissemination of Board meeting agendas and agenda packets, reports of activities from the Superintendent, and reminders regarding meeting times, dates, and places.
Board members may engage in separate conversations or communications with members of the public on a social media platform to answer questions, provide information, or solicit information regarding a matter that is within the subject matter jurisdiction of the Board, as long as a majority of the Board does not use the platform to discuss among themselves any business of a specific nature that is within the subject matter jurisdiction of the Board. A Board member is prohibited from responding directly to any communication from other Board members regarding matters that are within the subject matter jurisdiction of the Board or using digital icons (e.g., “likes” or emojis) to express reactions to communications made by other Board members. (Government Code 54952.2)
Whenever a Board member uses a social media platform to interact with the public about District business or Board activities, the Board member shall not block access to a member of the public based on the viewpoint expressed by that individual.
Board members shall make every effort to ensure that their electronic communications conform to the same standards and protocols established for other forms of communication. A Board member may respond, as appropriate, to an electronic communication received from a member of the community and should make clear that their response does not necessarily reflect the views of the Board as a whole. Any complaint or request for information should be forwarded to the Superintendent or their designee in accordance with Board Rules and Procedures and protocols so that the issue may receive proper consideration and be handled through the appropriate District process. As appropriate, communication received from the press shall be forwarded to the designated District spokesperson.
(cf. 1112 – Media Relations)
(cf. 1312.1 – Complaints Concerning District Employees)
(cf. 1312.2 – Complaints Concerning Instructional Materials)
(cf. 1312.3 – Uniform Complaint Procedures)
(cf. 1312.4 – Williams Uniform Complaint Procedures)
(cf. 3320 – Claims and Actions Against the District)
(cf. 9005 – Governance Standards)
(cf. 9121 – Board President</span></span></span></span></span></span></p>
<p style=”line-height:1.38; background-color:#ffffff”><span style=”font-size:12pt; font-variant:normal; white-space:pre-wrap”><span style=”font-family:’Times New Roman'”><span style=”color:#333333″><span style=”font-weight:400″><span style=”font-style:normal”><span style=”text-decoration:none”>(cf. 9200 – Limits of Board Member Authority)
(cf. 9270 – Conflict of Interest)
In order to minimize the risk of improper disclosure, Board members shall avoid reference to confidential information and information acquired during closed session.
(cf. 4112.6/4212.6/4312.6 – Personnel Files)
(cf. 5125 – Student Records)
(cf. 9011 – Disclosure of Confidential/Privileged Information)
(cf. 9321 – Closed Session Purposes and Agendas)
To the extent possible, electronic communications regarding any District-related business shall be transmitted through a District-provided device or account. When any such communication is transmitted through a Board member’s personal device or account, the Board member shall copy the communication to a District electronic storage device, platform or account for easy retrieval. Board members may use electronic communications to discuss matters other than District business with each other, regardless of the number of members participating in the discussion.
Like other writings concerning District business, a Board member’s electronic communication may be subject to disclosure under the California Public Records Act.
(cf. 1340 – Access to District Records)
Legal Reference:
EDUCATION CODE
35140 Time and place of meetings
35145 Public meetings
35145.5 Agenda; public participation; regulations
35147 Open meeting law exceptions and applications
GOVERNMENT CODE
11135 State programs and activities, discrimination
54950-54963 The Ralph M. Brown Act, especially:
54952.2 Meeting, defined
54953 Meetings to be open and public; attendance
54954.2 Agenda posting requirements, board actions
Management Resources:
CSBA PUBLICATIONS
The Brown Act: School Boards and Open Meeting Laws, rev. 2006
ATTORNEY GENERAL PUBLICATIONS
The Brown Act: Open Meetings for Legislative Bodies, 2003
LEAGUE OF CALIFORNIA CITIES PUBLICATIONS
Open and Public IV: A Guide to the Ralph M. Brown Act, rev. 2007
WEB SITES
CSBA: http://www.csba.org
CSBA, Agenda Online: http://www.csba.org/Services/Services/GovernanceTechnology/AgendaOnline.aspx
Institute for Local Government: http://www.cacities.org/index.jsp?zone=ilsg
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.