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Elk Grove USD  |  BB  9320  Board Bylaws

Meetings And Notices   

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State open meeting laws define a "meeting" as any congregation of a majority of the members of the Board at the same time and place to hear, discuss or deliberate upon any item that is within the subject matter jurisdiction of the Board or district. (Government Code 54952.2)

Attendance by a majority of the Board's members at any of the following events is not subject to state open meeting laws provided that a majority of the Board members do not discuss specific district business among themselves other than as part of the scheduled program: (Government Code 54952.2)

1. A conference or similar public gathering that involves a discussion of issues of general interest to the public or to school boards.

2. An open, publicized meeting organized by a person or organization other than the district to address a topic of local community concern.

3. A purely social or ceremonial occasion.

Except for authorized video teleconferencing, any use of direct communication, personal intermediaries or technological devices by a majority of Board members to develop a collective concurrence as to an action the members will take on an item is prohibited. (Government Code 54952.2)

Individual contacts or conversations between a Board member and any other person are not subject to open meeting laws. (Government Code 54952.2)

Board meetings shall be open to the public and held within district boundaries, except as allowed by law. They shall be held in a facility that is accessible to all persons, including disabled persons, without charge. (Government Code 54954)

(cf. 9322 -Agenda/Meeting Materials)

(cf. 9323 -Meeting Conduct)

(cf. 9321 -Closed Session Purposes and Agendas)

(cf. 9321.1 -Closed Session Conduct and Reports)

Regular Meetings

The Board shall hold two regular meetings each month. Regular meetings shall be held beginning between 6:00 p.m. and 7:00 p.m. when closed sessions are necessary and at 7:00 p.m. for open sessions on the first and third Tuesdays of each month at the Education Center, 9510 Elk Grove-Florin Road.

At least 72 hours prior to a regular meeting, the agenda shall be posted at one or more locations freely accessible to members of the public. (Government Code 54954.2)

A notice of each regular meeting shall be mailed to any person who has filed with the Board a written request for such notice. The notice shall be mailed at least one week before the meeting. Requests are valid for one year from the date filed unless renewed. Renewal requests must be filed within 90 days after January 1 of each year. (Government Code 54954.1)

Persons requesting notices shall pay an annual fee as determined by the Superintendent or designee.

(cf. 1340 - Access to District Records)

Special Meetings

Special meetings of the Board may be called by the presiding officer or a majority of the Board members. (Government Code 54956)

Notice of special meetings shall be delivered either by mail or personally at least 24 hours before the meeting to all Board members, the Superintendent, and the local media who have requested such notice in writing. This notice also shall be posted at least 24 hours before the meeting in a location freely accessible to the public. The notice shall specify the time and place of the meeting and the business to be transacted or discussed; no other business shall be considered at these meetings. (Education Code 35144, Government Code 54956)

When a special meeting is called at least one week in advance, a notice of the meeting shall be mailed at least one week before the meeting to any person who has appropriately filed with the Board a written request for notice of regular meetings. (Government Code 54954.1)

Emergency Meeting

The Board may hold an emergency meeting without complying with the 24-hour notice requirement in the following cases: (Government Code 54956.5)

1. 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.

2. A crippling disaster, which severely impairs public health, safety, or both, as determined by a majority of the members of the Board.

The Board president or designee shall give notice of the emergency meeting to the local media by telephone at least one hour before the meeting. If telephone services are not functioning, the notice requirement of one hour is waived. As soon after the meeting as possible, the Board shall notify local media, which have requested notice for special meetings, describing the purpose of the meeting and any action taken by the Board. (Government Code 54956.5)

No closed session may be held during an emergency meeting. All other rules governing special meetings shall be observed, with the exception of the 24-hour notice requirement. The minutes of the meeting, a list of persons the president or designee notified or attempted to notify, a copy of the roll call vote, and any actions taken at the meeting shall be posted for at least 10 days in a public place as soon after the meeting as possible. (Government Code 54956.5)

Adjourned Meetings

A majority vote by the Board may adjourn any meeting to a later time and place which shall be specified in the order of adjournment. Within 24 hours after a meeting has been adjourned to a later time, a copy of the order of adjournment shall be posted at the meeting site.

If no members are present at any regular or adjourned regular meeting, the secretary or the clerk/vice president may declare the meeting adjourned to a later time and shall give notice in the same manner required for special meetings. (Government Code 54955)

Video Teleconferencing

The Board may use video teleconferences for Board meetings when receiving public comment or testimony and during Board deliberations. Agendas shall be posted at all video conference locations whenever they are posted elsewhere. (Government Code 54953)

All Board policies and administrative regulations shall apply equally to meetings that are video conferenced. The Superintendent or designee shall establish procedures to facilitate public participation in the meeting at each video teleconference location.

Legal Reference:

EDUCATION CODE

35140 Time and place of meetings

35143 Annual organizational meeting, date, and notice

35144 Special meeting

35145 Public meetings

35145.5 Agenda; public participation; regulations

GOVERNMENT CODE

54950-54957.9 Meetings, especially

54953 Meetings to be open and public; attendance

54954 Time and place of regular meetings; holidays; emergencies

54954.1 Mailed notices

54954.2 Agenda posting requirements, board actions 54956 Special meetings; call; notice

54956.5 Emergency meetings in emergency situations 54957.5 Agenda distribution

54961 Prohibition on use of certain facilities

Management Resources:

Open Meeting Laws, California Attorney General's Office, 1989

Bylaw ELK GROVE UNIFIED SCHOOL DISTRICT

adopted: October 1, 1984 Elk Grove, California

revised: April 3, 1989

revised: November 16, 1992

revised: June 19, 1995

revised: December 1, 2000

revised: May 2, 2005

revised: September 5, 2017