Meeting Conduct

San Francisco Unified School District and County Office of Education

Board Rule and Procedure 9323

Meeting Conduct

 

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

 

Meeting Procedures

 

All Board of Education meetings shall begin on time and shall be guided by an agenda prepared in accordance with Board Rules and Procedures and posted and distributed in accordance with the Ralph M. Brown Act (open meeting requirements) and other applicable laws.

 

(cf. 9322 – Agenda/Meeting Materials)

 

The Board President shall conduct Board meetings in accordance with Board rules and procedures that enable the Board to efficiently consider issues and carry out the will of the majority. The Board shall rely on Robert’s Rules of Order, Newly Revised to address any question or point of order not addressed in the Board rules and procedures.

 

The Board believes that late night meetings deter public participation, can affect the Board’s decision-making ability, and can be a burden to staff.  Regular Board meetings shall be adjourned at 10:00 p.m. unless extended by general consent of a majority of the Board.

 

(cf. 9320 – Meetings and Notices)

 

Discussion by Board members or speakers shall be limited to matters which are properly before the Board. A speaker shall be ruled out of order if he/she fails to speak on the subject matter for which the privilege of the floor was granted.

 

Discussion on a motion shall be germane.

 

Board members shall indicate their desire to speak by illuminating their microphone light.  The President shall have the privilege to recognize requests to speak by other Board members.

 

Each board item where discussion is allowed will consist of one round of questions and/or comments from Board Members. Each board member shall have up to 3 minutes to discuss items being considered for action. Items which are not being considered for action are not subject to this limit. Board members may not give their time to anyone. At the end of the round, the Board President may choose to add an additional round or may move directly to a vote on the item. 

 

(cf. 9121 – President)

 

The Board may, by a two-thirds vote, limit,  close or extend its debate.

 

Quorum and Abstentions

 

The Board shall act by majority vote of all of the membership constituting the Board. (Education Code 35164)

 

(cf. 9323.2 – Actions by the Board)

 

The 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, their abstention shall not be counted for purposes of determining whether a majority of the membership of the Board has taken action.

 

(cf. 9270 – Conflict of Interest)

 

When not more than two vacancies occur on the Board, the vacant position(s) shall not be counted for purposes of determining how many members of the Board constitute a majority.  In addition, if a vacancy exists on the Board, 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 Board.  (Education Code 35165)

 

Public Participation

 

Each person requesting to address the Board on agenda items calendared for Board action or on matters other than those calendared for Board action shall be granted such requests provided an individual completes a “Speaker Card”, prior to the item being called. A person wishing to be heard by the Board shall be invited to, but not required to, provide their name before speaking.

 

In order to conduct District business in an orderly and efficient manner, the Board requires that public presentations to the Board comply with the following procedures:

 

1. The Board shall give members of the public an opportunity to address the Board on any item of interest to the public that is within the subject matter jurisdiction of the Board, either before or during the Board’s consideration of the item. (Education Code 35145.5, Government Code 54954.3)
    
2. At a time so designated on the agenda at a regular meeting, members of the public may bring before the Board matters that are not listed on the agenda.  The 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)
    
3. Without taking action, 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 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 Board or a Board member may provide a reference to staff or other resources for factual information, ask staff to report back to the 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)

 

4. The Board need not allow the public to speak on any item that has already been considered by a committee composed exclusively of Board members at a public meeting where the public had the opportunity to address the committee on that item.  However, if the Board determines that the item has been substantially changed since the committee heard the item, the Board shall provide an opportunity for the public to speak.  (Government Code 54954.3)

(cf. 9130 – Board Committees)

 

5. A person wishing to be heard by the Board shall first be recognized by the President and shall then proceed to comment as briefly as the subject permits.Any speaker requiring language translation shall be allowed time for translation.  The District will provide translation in at least Chinese and Spanish for full Board meetings and, if possible and with adequate notice, in other languages.

 

The President may increase or decrease the time allowed for public presentation.

 

Substitution of speakers will not be permitted unless a designated alternate is submitted with the request to speak.

 

6. The Board President may rule on the appropriateness of a topic.  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 Board shall not prohibit public criticism of its policies, procedures, programs, services, acts, or omissions.  (Government Code 54954.3)  In addition, the Board may not prohibit public criticism of District employees.

 

While the Board recognizes the right of the public to address matters under the jurisdiction of the Board, whenever a member of the public initiates specific complaints or charges against an employee, the Board President shall inform the complainant that in order to protect the employee’s due process rights and reputation, it is the policy and preference of the Board to hear such complaints or charges in closed session unless otherwise requested by the employee pursuant to Government Code 54957. The Board President shall also encourage the complainant to file a written complaint using the appropriate District complaint procedure.

 

(cf. 1312.1 – Complaints Concerning District Employees)

(cf. 9321 – Closed Session Purposes and Agendas)

 

7. The Board President shall not permit any disturbance or willful interruption of Board meetings.  Persistent disruption by an individual or group shall be grounds for the President to terminate the privilege of addressing the Board for that meeting.

The Board may remove disruptive individuals and 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 Board.  When the room is ordered cleared due to a disturbance, further Board proceedings shall concern only matters appearing on the agenda.  (Government Code 54957.9)

 

When such disruptive conduct occurs, the Superintendent or designee shall contact local law enforcement.
 

8. Cardboard, paper or cloth placards may be brought into the Board meeting room only if they are not larger than three feet by three feet and have no wood, metal or other type of holding device.

 

 Recording by the Public

 

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 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 Board.  (Government Code 54953.5, 54953.6)

 

Legal Reference:

EDUCATION CODE

5095   Powers of remaining board members and new appointees

32210   Willful disturbance of public school or meeting a misdemeanor

35010   Prescription and enforcement of rules

35145.5   Agenda; public participation; regulations

35163   Official actions, minutes and journal

35164   Vote requirements

35165   Effect of vacancies upon majority and unanimous votes by seven member board

GOVERNMENT CODE

54953.5   Audio or video tape recording of proceedings

54953.6   Broadcasting of proceedings

54954.2   Agenda; posting; action on other matters

54954.3   Opportunity for public to address legislative body; regulations

54957   Closed sessions

54957.9   Disorderly conduct of general public during meeting; clearing of room

PENAL CODE

403   Disruption of assembly or meeting

COURT DECISIONS

McMahon v. Albany Unified School District, (2002) 104 Cal.App.4th 1275

Rubin v. City of Burbank, (2002) 101 Cal.App.4th 1194

Baca v. Moreno Valley Unified School District, (1996) 936 F.Supp. 719

ATTORNEY GENERAL OPINIONS

76   Ops.Cal.Atty.Gen. 281 (1993)

66   Ops.Cal.Atty.Gen. 336 (1983)

63   Ops.Cal.Atty.Gen. 215 (1980)

61   Ops.Cal.Atty.Gen. 243, 253 (1978)

55   Ops.Cal.Atty.Gen. 26 (1972)

59   Ops.Cal.Atty.Gen. 532 (1976)

 

Management Resources:

CSBA PUBLICATIONS

The Brown Act: School Boards and Open Meeting Laws, rev. 2005

Board Presidents’ Handbook, rev. 2002

Maximizing School Board Governance: Boardsmanship

ATTORNEY GENERAL PUBLICATIONS

The Brown Act: Open Meetings for Legislative Bodies, 2003

WEB SITES

CSBA: http://www.csba.org

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

 

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.