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El Dorado Union HSD |  BB  9323.2  Board Bylaws

Actions By The Board   

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

(cf. 9000 - Role of the Board)

(cf. 9005 - Governance Standards)

(cf. 9200 - Limits of Board Member Authority)

An "action" by the Governing 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 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)

(cf. 9324 - Minutes and Recordings)

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 in a regular meeting on a subject not listed on the published agenda only when it publicly identifies the item to be acted upon in conjunction with one of the following circumstances conditions: (Government Code 54954.2)

1. The Board, by majority vote of its members, determines that the action responds to an emergency situation when a majority of the Board determines that an emergency situation exists, as defined for emergency meetings pursuant to Government Code 54956.5.

2. The Board determines, either by a twothirds majority vote When two-thirds of the members present at the meeting or, or if less than two-thirds of the members present, determine by a unanimous vote of all members present, that the need to take action came to the district's attention after the posting of the agenda.

3. The matter was properly posted for a previous meeting occurring when an item appeared on the agenda of, and was continued from, a meeting that occurred not more than 5 days earlier and was continued to the meeting at which action is being taken.

(cf. 9320 - Meetings and Notices)

(cf. 9322 - Agenda/Meeting Materials)

CHALLENGING BOARD ACTIONS

The district attorney's office or any interested person may file an action in court to stop or prevent the Board's violation or threats of violations of the Brown Act to determine the applicability of the Brown Act to ongoing or future threatened Board actions, to determine the validity, under California or federal law, of any Board rule or action to penalize any of its members or otherwise discourage the member's expression, or to compel the Board to audio record its closed sessions because of its violation of any applicable Government Code provision. (Government Code 54960)

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 Government Code 54954.2 (agenda posting), Government Code 54953 (open meeting and teleconferencing), Government Code 54954.5 (closed session item descriptions), Government Code 54954.6 (new or increased tax assessments), Government Code 54956 (special meetings), or Government Code 54956.5 (emergency meetings). (Government Code 54960.1)

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

Such demand shall allege a violation of any of the following: (Government Code 54960.1)

1. Regarding Open meeting and teleconferencing (Government Code 54953)

2. Agenda posting (Government Code 54954.2)

3. Regarding Closed session item descriptions (Government Code 54954.5)

4. Regarding New or increased tax assessments (Government Code 54954.6)

5. Regarding Special meetings (Government Code 54956)

6. Regarding 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. Either Cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct.

2. If the Board decides to determine not to cure or correct the challenged action alleged violation and inform the demanding party shall be informed in writing of that its decision not to 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 9 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.

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 Resolution of intention

17582-17283 District deferred maintenance fund

17583 Deferred maintenance fund; transfer of excess local funds

35140-35149 Meetings

35144 Special meeting

35145 Public meetings

35160-35178.4 Powers and duties

35164 Majority vote of all members constituting board for board action

48660-48661 Establishment of Community day schools

48661 School site restrictions for community day schools

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 Authority to render zoning ordinances inapplicable

53097 Compliance with ordinances

53097.3 Charter school ordinances

53724 Parcel tax resolution requirements

5379053792 Exceeding the budget

5382053833 Temporary borrowing

53850-53858 Temporary borrowing

54950-54963 The Ralph M. Brown Act, especially: Meetings: declaration; intent; sovereignty

54952.6 Action taken, definition

54953 Meetings to be open and public; attendance

54953.5 Right to record proceedings; conditions

54954.2 Agenda posting requirements; board actions

54954.5 Closed session item descriptions

54954.6 New or increased taxes or assessments; hearings; notice

54956 Special meetings; call; notice

54956.5 Special meetings called by local agency; emergency situations

54960 Action to prevent violations

54960.1 Challenge of governing board actions

54960.5 Costs and attorney fees

65352.2 Coordination with planning agency

PUBLIC CONTRACT CODE

3400 Bid specifications

20111 Contracts over $50,000; 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, California Attorney General's Office, 2003

LEAGUE OF CALIFORNIA CITIES ATTORNEY PUBLICATIONS

Open and Public III: A User's Guide to the Ralph M. Brown Act, 2000

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.oag.ca.gov

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

Bylaw EL DORADO UNION HIGH SCHOOL DISTRICT

adopted: September 13, 2016 Placerville, California