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Viewing Policy: BP 9323.2 – Actions By The Board



 

Board Policy 9323.2: Actions By The Board

Original Adopted Date:11/10/2016| Last Revised Date: 6/10/2021

Status: ADOPTED

 

The San Benito County Board of Education (Board) 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

 

  1. A collective commitment or promise by a majority of the Board members to make a positive or negative decision

 

  1. A vote by a majority of the Board 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

 

  1. 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 Board’s attention after the agenda was posted

 

  1. When an item appeared on the agenda of, and was continued from, a meeting that occurred not more than five days earlier

Challenging Board Actions

The district attorney’s office or any interested person may file an action in court for the purpose of:  (Government Code 54960, 54960.2)

  1. Stopping or preventing the Board’s violation or threatened violation of the Brown Act

 

  1. Determining the applicability of the Brown Act to ongoing or future threatened Board actions

 

  1. Determining the applicability of the Brown Act to a past action of the Board that is not specified in Government Code 54960.1, provided that:

 

  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.

 

  1. The action is brought within the time required by Government Code 54960.2.

 

  1. Determining the validity, under state or federal law, of any Board rule or action which penalizes any of its members or otherwise discourages their expression

 

  1. Compelling the Board to audio record its closed sessions because of a court’s finding of the Board’s violation of any applicable Government Code provision

The district attorney or any interested person may file an action in court to nullify a Board action which is alleged to be in violation of law regarding any of the following:  (Government Code 54960.1)

  1. Open meeting and teleconferencing (Government Code 54953)

 

  1. Agenda posting (Government Code 54954.2)

 

  1. Closed session item descriptions (Government Code 54954.5)

 

  1. New or increased tax assessments (Government Code 54954.6)

 

  1. Special meetings (Government Code 54956)

 

  1. Emergency meetings (Government Code 54956.5)

Prior to bringing any action to nullify a Board action, the district attorney or other interested person shall present a demand to “cure and correct” the alleged violation. The demand 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.

 

  1. Determine not to cure or correct the alleged violation and inform the demanding party in writing of its decision to not cure or correct.

 

  1. Take no action. If the Board takes no action within the 30-day period, its inaction shall be considered a decision not to cure or correct the challenged action.