Governing Board of the Oakland Unified School District, commonly called the
Board of Education, exists under and derives its powers and duties from the
Constitution of the United States, the Constitution of the State of California,
acts of the Congress of the United States and of the state Legislature, the
Charter of the City of Oakland and various federal, state and local
NATURE AND FUNCTION
2001. The Board
of Education is the official governing and policy‑making body of the Oakland
Unified School District. It is the function of the duly elected or appointed
directors to represent the electorate in exercising the powers and duties
delegated governing boards by the legal authorities mentioned in Rule 2000.
formulation and adoption of written Board policies shall constitute the basic
method by which the Board shall exercise its leadership in the governance of the
school district. This right shall be retained solely by the Board. The study and
evaluation of reports concerning the execution of its policies shall constitute
the basic method by which the Board shall exercise its accountability for the
governance of schools.
implementation of policies is an administrative task to be performed by the
Superintendent of Schools who shall be held responsible for the effective
administration and supervision of the entire school system.
exercising the powers and duties permitted by the authorities cited in Rule
2000, the Board shall be responsible for, among other things, establishing a
long‑term vision for the district, establishing the basic organizational
structure for the district, including adoption of policies, the budget,
collective bargaining agreements, development of the school plant, fiscal
policies, general administrative policies, the curriculum, grade configurations,
and other matters, each of which shall contribute to insuring that each child
served by the District is well educated and demonstrates high academic
achievement. In addition, the Board shall provide vigorous leadership and
advocacy at the local, state and national levels on behalf of children, district
programs and public education.
2005. Any person
is eligible to be a member of the Board of Education, without further
qualifications, if he/she is 18 years of age or older, a citizen of the state, a
resident of the school district, a registered voter and not legally disqualified
from holding civil office. (Education Code Section 35107)
Notwithstanding any other provisions of
Education or Elections Code or any other law:
An appointed directorís qualifications shall be determined by the Mayor and may
include, but shall not be limited to the following: (i) a Director who is an
educator; (ii) a Director who is skilled in financial matters; and (iii) a
Director who is a student or a recent graduate of the Oakland Unified School
An employee of a
school district may not be sworn into office as an elected or appointed member
of the board unless and until he or she resigns as an employee. If the employee
does not resign, the employment will automatically terminate upon being sworn
into office. (Education Code Section 35107)
The Board of Education shall consist of ten (10) directors:
(a) seven nominated and elected by the
qualified electors of their respective districts for a term of four years; and
(b) three appointed by the Mayor of the City
of Oakland for two-year terms commencing on May 1, 2000.
The elected directors shall
be elected at the times and in the manner described in the Charter of the City
of Oakland as are provided for members of the City Council who are elected by
district and shall be required to have the same qualifications. The elected
directors districts shall have the same boundaries as the seven elected City
Council member districts.
appointed directors shall have the same powers and duties as elected directors.
appointed directors shall serve at the pleasure of the Mayor.
Effective May 1, 2004, the office of appointed director shall be abolished, and
the Board of Education shall consist of seven district school directors elected
in accordance with the provisions of the Charter of the City of Oakland.
provisions of the Education Code of the State of California shall apply as to
matters not provided for in the City Charter.
2007. Vacancies on the Board
of Education, for elected directors, are defined and shall be filled pursuant to
the provisions of the Education Code 5090 (Government Code Section 1770). An
office becomes vacant on the happening of any of the following events before the
expiration of the term:
(a) The death of
adjudication pursuant to a quo warranto proceeding declaring that the incumbent
is physically or mentally incapacitated due to disease, illness or accident and
that there is reasonable cause to believe that the incumbent will not be able to
perform the duties of his/her office for the remainder of his/her term;
removal from office;
ceasing to be an inhabitant of the district from which the officer was chosen or
appointed or within which the duties of his/her office are required to be
absence from the state without the permission required by law beyond the period
allowed by law (except for 60‑90 days if on school district business or if on
federal military deployment not exceeding six months if a member of the armed
forces of the U.S. or the California National Guard);
ceasing to discharge the duties of his/her office for the period of three
consecutive months, except when prevented by sickness or when absent from the
state with the permission required by law;
conviction of a felony or any offense involving a violation of his/her official
duties. An officer shall be deemed to have been convicted under this subdivision
when trial court judgment is entered. For the purpose of this subdivision,
"trial court judgment" means a judgment by the trial court either sentencing the
officer or otherwise upholding and implementing the plea, verdict or finding;
(i) His or her
refusal or neglect to file his/her required oath or bond within the time
(j) The decision
of a competent tribunal declaring void his/her election or appointment;
(k) The making
of an order vacating his/her office or declaring the office vacancy when the
officer fails to furnish an additional or supplemental bond;
commitment to a hospital or sanitarium by a court of competent jurisdiction as a
drug addict, dipsomaniac, inebriate or stimulant addict; in this event, the
office shall not be deemed vacant until the order of commitment has become
The Board may fill elected
member vacancies either through provisional appointment or through election
depending upon when the vacancy occurs in relation to the expiration of the
Vacancies on the Board of Education for appointed directors shall be the same as
for elected directors except that the Mayor shall fill vacancies.
The Board of Education
authorizes two pupil members, to be known as "Student Directors." The Board of
Education Student Directors shall be selected by a city‑wide election held by
the All City‑Council. This authorization provides an established means for
pupils of the District to be represented on the Board of Education. The term of
office for a Student Director shall be from July I through June 30.
2009. A Student
Director is invited to attend all public meetings of the Board, shall be seated
with elected Board members, and shall have all parliamentary rights except those
of official voting, making and seconding motions, and attending closed sessions.
A Student Director, however, shall have the right of preferential voting.
Preferential voting, as used herein, means a formal expression of opinion that
is recorded in the minutes and cast along with the official vote of the
governing board. A Student Director's preferential vote shall not serve in
determining the final numerical outcome of an official vote nor be solicited on
matters subject to closed session discussion.
2010. Duties of
the Student Director, among others, shall be to provide continuing input for
Board deliberations; to strengthen communications between the Board and district
students; to represent students and to facilitate the discussion of all sides of
2011. A Student
Director shall be provided with full and complete agendas and copies of any
materials received by the Board except materials covered in closed session and
materials that are otherwise confidential.
LIMITS OF BOARD MEMBERS AUTHORITY
2012. The Board
of Education being the primary authority over the District has broad but clearly
limited powers. The exercise of its authority is restricted to the functions
required or permitted by law, and then only when it acts in a legally
A Board member
has no individual authority. Individually, the Board member may not commit the
district to any policy, act or expenditure. The Board member cannot do business
with the district served, nor should the Board member have an interest in any
contract with the school district. The Board member represents and acts for the
community as a whole and does not represent any fractional segment of the
members of the Board, by virtue of holding office, shall not exercise any
administrative responsibility with respect to the schools or command the
services of any school employee, except his or her staff. Individual Board
members shall submit request for information to the Superintendent of Schools.
At his/her discretion, the Superintendent may refer the request to the entire
Board for consideration. If approved, the Superintendent or designee shall
perform any necessary research associated with the request and report to the
Board at a future meeting.
OBLIGATIONS OF BOARD MEMBERS
members shall hold the education of children and youth above any partisan
principle, group interest, or personal interest.
Members of the Board of Education shall not engage in any employment or
activity, which is inconsistent with, incompatible with, in conflict with or
inimical to the Board member's duties as an officer of the district. (Government
Code 1126). Board members and designated employees shall adhere to the
District's Conflict of Interest Code adopted pursuant to the provisions of
Government Code 87300.
members and designated employees shall not be financially interested in any
contract made by the Board. (Government Code Section 1090).
2016. A Board
member shall not be considered financially interested in a contract if any of
the exceptions set forth in Government Code Section 1091.5 apply.
2017. A Board
member shall not be deemed to be financially interested in a contract if he/she
has only a remote interest in the contract and if the remote interest is
disclosed during a Board meeting and noted in the official Board minutes. The
affected Board member shall not vote or debate on the matter or attempt to
influence any other Board member to enter into the contract. Remote interests
are specified in Government Code Section 1091 (b) they include the interest in
the earnings of a parent in the earnings of his/her minor child. (Government
Code Section 109 1).
2018. If a
Board member or designated employee determines that he/she has a financial
interest in a decision, this determination shall be disclosed and made part of
the Board's official minutes. In the case of a designated employee, the
announcement shall be made in writing and submitted to the Board (California
Code of Regulations, Title 2, Section 18700).
2019. A Board
member shall abstain from voting on personnel matters that uniquely affect a
relative of the Board member. A Board member may vote, however, on collective
bargaining agreements and personnel matters that affect a class of employees to
which the relative belongs. (Education Code 35107)
members shall not accept from any single source in any calendar year any gifts
in excess of the prevailing gift limitation specified in law. (Government Code
Section 89503) The limitations on gifts do not apply to wedding gifts and gifts
exchanged between individuals on birthdays, holidays and other similar
occasions, provided that the gifts exchanged are not substantially
disproportionate in value. (Government Code 89503)
2021. Gifts of
travel and related lodging and subsistence shall be subject to the above
limitations except as described in Government Code 89506. A gift does not
include travel provided by the District for Board members.
REIMBURSEMENT FOR EXPENSES
members shall not accept any honorarium, which is defined in the rules under
this section ‑ Conflict of Interest ‑ which is defined as any payment made in
consideration of any speech given, article published, or attendance at any
public or private gathering. (Government Code Sections 89501, 89502)
"honorarium" does not include those items defined in Government Code Section
of the Board of Education, except a student director, may receive the maximum
monthly compensation provided by law. Any member who does not attend all
meetings held in any month shall receive as compensation an amount equal to
Seven Hundred Fifty ($750.00) Dollars divided by the number of meetings held and
multiplied by the number of meetings actually attended.
A member will be
paid for any meeting when absent if the Board or Committee by resolution duly
adopted and included in its minutes finds that at the time of the meeting the
member is performing services outside the meeting for the school district.
A member will be
paid in any calendar year for the first two meetings from which the member is
absent if the Board or committee by resolution duly adopted and included in its
minutes finds that at the time of the meeting the member is ill. A member may
not receive compensation for any meeting, from which the member is absent in
excess of the first two meetings missed, except as specified in this rule.
(Education Code Section 35120)
Director shall receive no compensation but may be reimbursed for travel expenses
in connection with meetings.
members shall be reimbursed for all expenses incurred in the performance of
duties or when making trips on official district business when authorized in
advance by the Board. Board member trips for official business shall be deemed
authorized when the member files the appropriate District conference/travel
documents in the Board Office. Reimbursements for expenses and conference
travel, if any, shall be limited by the cumulative total of such funds approved
and residing within the annually approved budget of the Board.
HEALTH AND WELFARE BENEFITS
members may participate in the health and welfare benefits program provided for
district employees. The District shall pay the cost of all premiums required for
Board members electing to participate in the district health and welfare
FOR RETIRED BOARD MEMBERS
member retiring from the Board after at least one term may continue the health
and welfare benefits program at their own expense if coverage is in effect at
the time of retirement.
BOARD BUDGET DEVELOPMENT & OTHER
2027. The Board
President, or her/his designee with the advice and consent of the Business and
Finance Committee (or successor committee) shall present a proposed Board
operating budget to the Board each spring a part of the Districtís budget
process for the following year. The amount and types of expenditures authorized
for each Director shall be itemized in the document along with other proposed
operating expenditures of the Office of the Board.
shall be appropriated an individual and equal amount, as determined through the
budget approval process, annually for capital expenditures, travel/conferences
and miscellaneous expenses related to District business. Directors shall submit
receipts and bills for such expenses to the same extent as required of District
transfer funds between their individual itemized accounts as long as the amount
transferred does not exceed the appropriation.
for the Office of the Board and/or Directors shall cumulate from year to year.
EQUIPMENT USE FOR DIRECTORS, OFFICERS
AND EMPLOYEES OF THE BOARD
Secretary shall keep a record of equipment issued for the purpose of fulfilling
and facilitating the efficiency of District business to Directors, officers and
immediate employees of the Board. The Superintendent of Schools may authorize
such equipment for an employee of his/her administration and shall be
responsible for such record.
telephone may be one of the equipment items issued. Immediate contact with or
contact of others on a 24‑hour basis or while such persons are or others are in
transit during or after the work day shall be a necessity element for the
issuance of a cellular telephone to the holder. This policy shall be
telephone shall be used only for District business, except as authorized herein.
A District cellular telephone may be used by the holder to make or receive a
non‑District business telephone call, provided such calls or call does not
exceed a cumulative value of $20.00 per month and provided the holder promptly
reimburses the District for such calls or call the month immediately following
the month in which the class or call is billed. The use of a District cellular
telephone by a holder at any time to summon needed emergency services such as
fire, medical, or police or other emergency services, when a District land‑line
telephone is not otherwise available, shall be deemed District business for the
purposes of this policy.
The holder of a
District cellular telephone shall be provided a copy of his or her cellular
telephone bill by the 10th calendar day of each month. The holder shall review
and by his or her signature authorize or dispute payment of any and all charges
on the bill. The holder of the cellular telephone shall authorize or dispute
payment of the bill and reimburse the District for any and all non‑District
business calls, if any, within ten (10) calendar days of receipt of the monthly
Any and all holders of a
District cellular telephone shall be provided a copy of this policy upon
issuance of such telephone and annually thereafter.
issued under this rule shall be solely for the conduct of District business
unless otherwise authorized herein.
ANNUAL ORGANIZATIONAL MEETING
2029. The Board
of Education shall hold an annual organizational meeting to elect a president
and vice president from its membership as its elected officers. The Board by
this rule designates its appointed officers as follows: The Superintendent of
Schools shall serve as Secretary of the Board. The Deputy Superintendent and the
Executive Assistant to the Board, each, shall serve as a Deputy Secretary of the
Board. The Executive Assistant to the Board shall serve as Parliamentarian of
the Board. The General Counsel of the District shall be the Counsel of the
officer's term shall be for one year from the date of the annual organizational
meeting of the Board and until his/her successor has been elected. In the event
of a vacancy in an elected officer position, the Board shall immediately elect a
successor to fill the unexpired officer term. In the event of a vacancy in an
appointed office, the Board may appoint an acting officer until it appoints a
At the annual
organizational meeting, after 1997, the Board shall also authorize signatures,
adopt a schedule of regular meetings for the year, appoint the Board's official
representatives to other governmental agencies, community organizations and
other entities, and adopt goals and objectives for the year.
meeting shall be held at 11 a.m. the first Monday following January 1.
In any year in
which a new or a re-elected board member is sworn into office, the annual
meeting shall be held concurrently with that of the City Council during the City
of Oakland's Official Inaugural Ceremony at the place and site of such ceremony.
In other years, the annual meeting shall be held in the Board Room of the
Appointed members shall be required to take
the oath of office, same as for elected members, upon their appointment by the
President shall preside at all Governing Board meetings. He or she shall:
(a) Call the
meeting to order at the appointed time or as soon thereafter as the meeting may
be lawfully convened;
the business to come before the Board in its proper order;
(c) Enforce the
Board's policies relating to the order of business and the conduct of meetings;
persons who desire to speak, and protect the speaker who has the floor from
disturbance or interference;
(e) Explain what
the effect of a motion would be if it is not clear to every member;
discussion to the question when a motion is before the Board;
(g) Rule on
(h) Put motions
to a vote, and state clearly the results of the vote.
shall also perform other duties as directed by law, regulation and
by the Board
(i) Signing all
instruments, acts and orders including contracts, leases and other official
documents approved by the Board;
with the Secretary or designee on the preparation of the Board's agendas;
all committees of the Board, whose appointments are not otherwise provided for;
(1) Serving as
the immediately superior, between Board meetings, of all employees appointed by
the Board, subject to the will of the Board;
(m) Calling such
meetings of the Board, as he/she deems necessary, giving notice as prescribed by
with the employees appointed by the Board or their designees on crucial matters,
which may occur between Board meetings;
responsible for the orderly conduct of all Board meetings;
informational mail and other items with other Board members;
(q) Issuing all
official statements of the Board when speaking for the body;
any other powers and duties assigned by the Board from time to time.
President shall have the rights of any member of the Board, including the right
to move, second, discuss and vote on all questions before the Board without
vacating the chair.
2032. In the
absence of the President from a Board meeting or from the District, the
vice‑president shall become Acting President. The Acting President shall assume
the president's powers and duties. In the absence of the president and vice
president from a Board meeting or from the District, the Board member next in
greater and continuous length of service on the Board shall become Acting
duties of the Secretary shall include the following:
(a) To keep an
accurate account of the proceeding's of the Board;
(b) To have
custody of all of the Board's books, contracts, and other official documents;
(c) To post
agendas for meetings of the Board in accordance with requirements of the
(d) To notify
all members of the Board of all special and adjourned and emergency meetings;
(e) To maintain
an up‑to‑date file of the policies of the Board;
(f) To issue
all adopted orders of the Board;
(g) To sign and
execute all warrants, contracts, and other official papers of the Board;
(h) To certify
or attest to actions, concurrently with the President, taken by the Board
whenever such certification or attestation is required for any purpose; and
(i) To perform
such other duties as the Board may require from time to time.
Secretary, upon consultation with the Secretary, may exercise any duty required
of the Secretary.
2034. The duties
of the Parliamentarian shall be to advise the President, committee chairs, the
Secretary, any member of the Board and the Board on procedural matters
pertaining to the business of the Board under law and the adopted parliamentary
authority. The advice may be given at any time. The parliamentarian may review
and conform board and committee agendas to the format required by board rules.
In addition, the parliamentarian may make recommendations to the above
pertaining to rules, regulations and operating procedures of the Board. The
parliamentarian may also perform other duties as assigned by the President, the
committee chairs following consultation with the President, and/or the Board.
The parliamentarian shall also serve as the principal liaison to the Rules and
Ethics Committee of the Board.
meetings of the Board of Education shall be held two Wednesdays of each month at
5:30 p.m., pursuant to a scheduled determined during the annual organizational
meeting pursuant to Rule 2029, except as noted herein. Unless otherwise
designated, meetings shall be held in the Board Room, the Paul Robeson Building,
1025 Second Avenue, Oakland, California 94606. Regular Board meetings shall not
be held during Thanksgiving week, winter recess, spring recess or the month of
July. Regular meeting agenda shall be noticed and posted at least 5 days in
advance of each meeting.
If, however, a
regular meeting date falls on a Board declared or a legal holiday, the Board
shall meet on the following business day, Saturday and Sunday excepted, at the
same hour and place unless specifically ordered otherwise by the Board.
meetings of the Board of Education may be called when necessary by either the
president or a majority of the members. Such meetings shall be called by written
notice given each member at least 24 hours before the meeting, unless a Board
member has waived written notice. It shall also be the policy of the Board to
notify, in writing at least 24 hours before the meeting, each local newspaper of
general circulation, radio or television station requesting notice in writing.
No business shall be transacted at a special meeting except that for which the
meeting has been noticed and called.
meetings of the Board may be called to deal with an "emergency situation" as
defined below without complying with either the 24‑hour notice requirement or
the 24‑hour posting requirement of Government Code Section 54956 or both of the
notice and posting requirements of Rule 2047.
For purposes of
this rule "Emergency Situation" means any of the following:
(a) A work
stoppage or other activity which severely impairs public health, safety, or
both, as determined by a majority of the members of the Board
(b) A crippling
disaster which severely impairs public health, safety, or both, as determined by
a majority of the members of the Board.
each local newspaper of general circulation and radio or television station
which has requested notice of special meetings pursuant to Government Code
Section 54956 shall be notified by the president or designee, one hour prior to
the emergency meeting by telephone. All telephone numbers provided in the most
recent request of such newspaper or station for notification of special meetings
shall be exhausted. In the event that telephone services are not functioning,
the notice requirements of this rule shall be deemed waived, and the Board, or
designee of the Board, shall notify those newspapers, radio stations, or
television stations of the fact of the holding of the emergency meeting, the
purpose of the meeting, and any action taken at the meeting as soon after the
meeting as possible.
pursuant to Education Code Section 54956.5, shall not hold a closed session
during a meeting called pursuant to this rule.
meeting notice requirements, as prescribed in Rule 2036 shall be applicable to
an emergency meeting called pursuant to this rule, with the exception of the
24‑hour notice requirement.
The minutes of
an emergency meeting, a list of the persons whom the president, or designee of
the Board, notified or attempted to notify, a copy of the roll call vote, and
any actions taken at the meeting shall be posted for a minimum of 10 days in a
public place as soon after the meeting as possible. (Government Code Section
2038. The Board
may adjourn (continue) any meeting to a later time and place as permitted by
law. A copy of the order of adjournment shall be posted at the meeting site.
If no member of the Board is present at any regular or adjourned regular meeting of the Board,
the Secretary may declare the meeting adjourned to a later time and shall give
notice in the same manner required by this rule.
meetings of the Board of Education and all committee meetings of the Board shall
be open to the public except closed sessions. The public shall have the right to
speak, pursuant to the rules herein, on any item on the agenda or under
2040, The Board
may use video teleconferences for Board meetings when receiving public comment
or testimony and during Board deliberations on issues provided agenda are posted
at all video conference locations whenever they are posted elsewhere.
sessions of the Board or of a committee maybe called, upon lawful notice during
a regular or special meeting. No closed session may be held before, during, or
following an emergency meeting. The keeping of separate minutes of Closed
Sessions shall be optional since the Brown Act mandates that items finalized in
Closed Session shall be immediately reported out in public meetings or
thereafter. Such minutes if keep shall be kept and labeled "confidential" except
as to actions required to be disclosed by law.
2042. The Board
or a committee may hold a closed session only on those topics or matters
expressly authorized by law' including the following:
To consider the
appointment, employment, evaluation of performance, discipline or dismissal of
an employee, or to hear complaints or charges against an employee. If the Board
is to the latter, notice shall be provided to the employee as required by law.
Government Code Section 54957.
related to employee appointments and employment shall state the title of the
position to be filled. Agenda items related to performance evaluations shall
specify the tile of the employee being reviewed. Agenda items related to
employee discipline, dismissal or release, other than the statement of the
subject matter, require no additional information.
The Board and
standing committees are exempt, pursuant to the Rodda Act, from notice and
posting meetings regarding labor negotiations and related matters including but
not limited to instruction or direction to labor negotiators, mediation or
impasse procedures, contractual arbitration hearings.
Related to Students
The Board shall
meet in closed session to consider disciplinary or other action related to a
specifically identified pupil if a public hearing on the matter would violated
that pupil or any other pupil's privacy rights.
related to student matters shall generally describe the reason for the closed
session in general terms such as "Expulsion Hearing", "Grade Change Hearing", "Interdistrict
Attendance Request:, etc.
Related to Security.
The Board may
meet in Closed Session with law enforcement officials, as permitted by law, on
matters threatening to the security of public buildings or to the public's right
of access to public services or public facilities.
related to security matters shall specify the name of the law enforcement agency
and the title of the officer with whom the Board will meet.
With Real Property Negotiator
The Board may
meet in closed session with its real property negotiator prior to the purchase,
sale, exchange or lease of real property to give its negotiator instructions
regarding the price and terms of payment for the purchase, sale, exchange, or
lease of property.
related to real property shall specify the name of the negotiating parties and
the street address, the parcel number or other unique reference of the real
property under discussion.
The Board may
hold a closed session to confer with its legal counsel regarding pending
litigation when a discussion of the matter in open session would prejudice the
Board's position in the case. Pending litigation is as defined by Government
Code Section 54956.9.
related to pending litigation shall be described as a conference with legal
counsel regarding "Existing Litigation" or "Anticipated Litigation and listed as
required by Government Code Section 54954.5.
CLOSED SESSION ACTIONS AND REPORTS
2043. No matters
other than those announced in open session shall be discussed or acted upon in
The Board shall
comply with any and all statutory requirements for the required reporting out of
items acted upon in closed session.
2044. If a
meeting of the Board or a committee is "willfully disrupted" and "order cannot
be restored by removing disruptive individuals, the Board or committee may clear
the meeting room and hold a closed session. However, only matters on the agenda
may be considered, and representatives of the news media who are not disruptive
may not be excluded. An individual or individuals not responsible for willfully
interrupting the meeting also may be readmitted to the meeting. (Government Code
MEETINGS OUTSIDE OF THE DISTRICT
2045, The Board
or a committee, subject to the posting and notice requirements of Rules 2035,
2036, 2037 and 2050, may hold meetings outside of the District only under those
conditions permitted by law:
necessary to comply with state or federal law or court order or to attend a
judicial or administrative proceedings to which the District is a party.
b. To inspect
real or personal property which cannot conveniently be brought into the
District, provided the topic of the meeting is limited to items directly related
to the property.
participate in meetings or discussions of multiagency significance, provided the
meetings are held within one of the other agencies boundaries, with all
participating agencies giving the notice required by law.
d. To meet in
the closest meeting facility if the does not have a meeting facility within the
boundaries or if its principal office is located outside the district.
e. To meet with
state or federal officials when a local meeting would be impractical, solely to
discuss legislative or regulatory issues affecting the district over which the
state or federal officials have jurisdiction.
f. To meet in or
near a facility owned by the district but located outside of the district,
provided the meeting is limited to items directly related to that facility.
g. To visit the
office of the district attorney for a closed session or pending litigation, when
doing so would reduce legal fees or costs.
h. To attend
conferences on nonadversarial collective bargaining techniques.
i. To interview
residents of another district regarding the Board's potential employment of that
j. To interview
a potential employee from another district.
members shall constitute a quorum for the transaction of business at all
meetings of the Board. A majority of the members shall constitute a quorum
for the transaction of business at a meeting of the committee. If a quorum
is not present within fifteen minutes after the hour set for any public meeting,
except when the Board or committee is in Closed Session, the president or chair
may adjourn the public meeting to the next half‑hour. Should a quorum fail to be
present at the expiration of the latter half‑hour, the president or chair may
adjourn the meeting to a specified time and date. If no member of the Board or
committee is present, after 45 minutes, the Secretary may adjourn the meeting
pursuant to Rule 2038.
AGENDAS ‑ POSTING AND NOTICE
2047.All meetings of the Board
and of its committees shall have an advance noticed and posted agenda, except as
permitted under Rule 2037. The agenda of a regular Board and of a committee
meeting shall be noticed and posted five (5) days in advance of a meeting.
Agendas of a special Board and of a committee meeting shall be noticed and
posted 24‑hours in advance of the meeting. Agendas of an emergency meeting of
the Board or a committee shall be noticed and posted pursuant to Rule 2037.
The agenda for a
Board meeting and of a committee, whether in open or closed session, shall
contain a brief general description of each item of business to be discussed or
transacted at the meeting. The brief description shall convey to the public or
member (if closed session) or to both the essence of the item to be discussed or
The agenda shall
specify the time and location of the meeting and shall be posted in a location
that is freely accessible to members of the public. No action shall be taken on
any item not appearing on the posted agenda, except as herein specified in Rule
for special meetings of the Board or a committee shall conform to the
requirements of Rule 2036.
for emergency meetings of the Board or a committee shall conform to the
requirements of Rule 2037.
OF THE AGENDA POSTING RULE ‑ REGULAR MEETINGS
2050. Additions to the posted agenda
of the regular meetings of the Board or of a committee, commonly called
"Suspension of the Agenda Rule" shall only be done pursuant to Government Code
Section 54954.2, under any of the following conditions:
(a) Upon a
determination by a majority of the Board or committee that an emergency
situation exists pursuant to Rule 2037.
(b) Upon a
determination by a two‑thirds vote of the Board or committee, or if less than
two‑thirds of the members are present, a unanimous vote of those members
present, that the need to take action arose subsequent to the agenda being
posted pursuant to Rule 2035.
(c) The item was
posted pursuant to Rule 2035 for a prior meeting of the Board or committee
occurring not more than five calendar days prior to the date action is taken on
the item, and at the prior meeting item was continued to the meeting at which
action is being taken.
If the agenda is
"suspended" under this rule, the new subject matter or motion to be considered,
following the move and second but before the vote is taken, shall provide the
public an opportunity to speak on the subject matter or motion without the
necessity of complying with Rule 2075(a).
S USPENSION OF THE AGENDA POSTING RULE
‑ SPECIAL MEETING
Suspension of the agenda item‑posting rule may not be made at a special meeting
of the Board or of a committee.
SUSPENSION OF THE AGENDA POSTING RULE
‑ EMERGENCY MEETING
of the agenda posting rule may not be made at an emergency meeting of the Board
or of a committee,
ACTION OR ACTION TAKEN
2053. Action or
"action taken" means a collective decision made by a majority of the members of
the Board or of a committee, a collective commitment or promise by a majority of
the members of the Board or of a committee to make a positive or negative
decision, or an actual vote by a majority of the members of the Board or of a
committee while sitting as a body or entity, upon a motion, proposal,
resolution, order or ordinance or other subject matter. (Government Code Section
LIMITS ON DEBATE IN A BOARD MEETING
OR IN COMMITTEE
2054. No member
of the Board shall speak for more than five (5) minutes on any subject matter
pending before the Board or in committee without the consent of the president or
of the chair of a committee or of a majority of the Board or committee
membership. If additional time is granted any member, additional equal time
shall be granted to any other member desiring it. A member may not yield any
unexpired portion of time to another member or reserve any portion of the time
for a later time. If a member yields to another member for a question, the time
consumed by the question shall be charged to the member who has yield.
No member shall
speak twice or more on the same subject matter, at a Board meeting or in a
committee meeting, except when all members desiring to speak have spoken at
least once. The second or more round of speaking on the subject matter shall be
limited to a maximum of five minutes per member unless such time is extended by
the president or the chair of the committee or the majority of the Board or
AGENDA ‑ ORDER OF BUSINESS
2055. The Board
shall conduct business at every regular meeting.
The order of
business shall be:
A. Call to Order
B. Roll Call
Statement Disclosing Item(s) To Be Discussed In Closed Session
Session Items (Listed pursuant to law):
E. Recess to
F. Reconvene to
Public Session Fl.
Pledge of Allegiance
G. Second Roll
Statement of Reportable Action Taken In Closed Session and the Vote
Abstention of Members Present, If Any.
I. Modifications to the Agenda
[ All speaker cards would have to be
received by this point in the agenda in order to be recognized during the course
of the meeting. Board members would also need to pull items by this point in
the agenda to have that item discussed during the course of the meeting. ]
J. Special Recognition and Presentations
K. Public Presentations to Board
L. Adoption of
the General Consent Agenda
M. Old Business
N. New Business
O. Adoption of
the Pupil Discipline Consent Calendar
P. Report of
Student Board Members
Presentations to the Board
R. Report of the
Superintendent of Schools
S. Report of
of New Matter
may be constructed in a similar fashion.
OF THE ORDER OF BUSINESS
2056. The order
of business in Rule 2055 may be suspended by the President or a committee chair
or with the consent of the quorum of the respective body.
ADOPTION OF THE GENERAL CONSENT
of the General Consent Agenda" means that all items appearing on the agenda under this topic
are approved in one motion unless a board member requests that an item be
removed and voted on separately or otherwise acted upon. Generally, these items
are affirmative recommendations from standing committees, or otherwise routine
in nature, and are acted upon in one motion to conserve time and permit focus on
other‑than‑routine items on the agenda. An item on the General Consent Agenda
which a member has requested be removed, shall be removed, without debate for
separate consideration and vote or other disposition. All items remaining on the
General Consent Agenda, thereafter, shall be adopted in a single motion.
OF NEW BUSINESS
members, except a Student Director, desiring to have a motion, resolution,
order, or other subject matter scheduled for action by the Board shall announce
the subject nature of the intended matter at a regular meeting. If the majority
does not object, the President shall assign the subject matter to the
appropriate standing or special committee for consideration of its programmatic,
financial and/or other consideration.
2059. All Board
committees shall be appointed by the president, subject to advice and consent of
the Board. The president shall designate the chairperson of the committee. The
vice‑chairperson of the committee shall be the senior member in continuous
service on the committee. If two or more members began service on the committee
concurrently, service seniority on the Board shall determine seniority on the
FUNCTIONS OF STANDING COMMITTEES
2060. It shall
be the primary function of each standing committee of the Board:
undertake and complete such inquiries, investigations and studies as the
President or Board may assign to any such committees for the purpose of
presenting communications, recommendations, report, motions and other subject
matter to the Board.
(b) To initiate
and pursue such inquiries, investigations and studies respecting matters within
the province of the committee concerned as may be approved by a majority
thereof, for the purpose of eventually directing appropriate communications,
recommendations and reports to the Board; provided, however, that no such
committee project shall be initiated without informing the Board respecting the
general objective and plan of such proposed inquiry, investigation or study,
either by statement made by the committee chairperson at open meeting of the
Board and recorded in the minutes or by memorandum in writing signed by a
majority of said committee and filed with the Board.
(c) To process
and present to the Board, communications, recommendations, reports and other
matters submitted by the superintendent of Schools to the Board through the
(d) To review
motions initiated by Board members and propose amendments as needed, prior to
action by the Board.
(e) To review
all budget, legislative and administrative matters relating to the functions of
said committee and made recommendations to the Board.
(f) To perform
such other duties as may properly be assigned from time to time to any such
committee by the Board.
meetings shall be held at least monthly at a fixed hour, date, and place. The
annual calendar of a committee's meetings shall be adopted not later than the
second meeting of the committee following the annual organization meeting of the
Board. Committee meetings shall be called and noticed pursuant to Rule 2035,
2036, 2037 and 2047.
Superintendent, upon consultation of the Committee Chair by the President and
with the President's approval, shall assign senior staff members of the
Administration to assist a particular committee of the Board with its work. It
shall be the responsibility of the Superintendent and staff so assigned to
facilitate and meet the timelines set by the committee for consideration, action
and the reporting of committee recommendations to the Board.
2063. The President of the Board shall appoint the following standing
committees, each consisting of less than a majority of the full Board, but
not less than three, within thirty days following the annual meeting:
A. Rules and Ethics ‑ This committee shall review
and/or propose policy recommendations designed to promote, improve and expedite
the business and procedures of the Board and of the committees thereof, and to
offer to the Board any amendments to the Rules deemed necessary to accomplish
such purposes. The committee shall also propose rules of ethics and amendments
thereof for members of the Board and designated members of the administration.
The committee shall also review all recommendations from the Pupil Disciplinary
Hearing Panel (PDHP) to the Board including but not limited to the
proposed expulsion, suspended expulsion, reinstatement, readmission of a
District pupil, or admission of an expelled pupil from another district, and
make recommendations thereon to the Board. The committee also shall handle other
B. Finance and Human Resources ‑ This committee
shall review and/or propose the District's annual budget, modifications thereto,
policies governing the fiscal integrity of the District, and the handling of
bids and contracts for non-instructional technology and services, except
facilities and instructional services. The committee also shall be responsible
for proposing and reviewing purchasing policies. The committee shall also
review and/or propose policies for the hiring, promotion, retention, training
and evaluation of employees. The committee shall also be responsible for
reviewing and proposing policies regarding collective bargaining issues
including reviewing and making recommendations on collective bargaining
contracts and other labor‑management related issues. The committee also shall
handle other matters assigned.
C. Teaching and Learning ‑ This committee shall
review and/or propose policies on curriculum, instructional programs and related
support services as well as well as handle bids and contracts for instructional
related services, including but not limited to supplementary academic programs
and instructional technology for the District. The committee also shall review
student services issues and programs, including but not limited to school
safety, student truancy and related programs except pupil discipline issues
assigned to the Rules and Ethics Committee. The committee also shall handle
other matters assigned.
D. Intergovernmental Relations ‑ This committee
shall review and/or propose policies fostering inter‑agency collaboration with
city, local, state and federal agencies, individuals, public and private groups
and corporations; recommend positions to be taken through the legislative
process ‑federal, state, local ‑ on behalf of the District. The committee also
shall handle other matters assigned. The members of this committee, by virtue of
their appointment, shall also serve as the Districtís representatives on the
City-Schools Education Partnership or successor Committee.
E. Facilities - This committee shall review
and/or propose policies governing development and maintenance of the physical
facilities and physical infrastructure of the District, the handling of bids and
contracts for facilities development, renovation and construction, including but
not limited to facilities technology and the sale or lease of real surplus
property. The committee also shall handle other maters assigned. (Revised
January 6, 2003)