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Stanislaus COE |  BB  9012  Board Bylaws

Board Member Electronic Communications   

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The Stanislaus County Board of Education recognizes that electronic communication provides an efficient and convenient way to communicate and expedite the exchange of information and to help keep the public informed about the goals, programs, and achievements of the Stanislaus County Board of Education. County Board members shall exercise caution so as to ensure that electronic communications are not used as a means for deliberating outside of an agendized County Board meeting.

County Board members shall not, outside of an authorized meeting, use a series of electronic communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the County Board. (Government Code 54952.2)

County Board members should use county office of education (COE) email accounts and servers for communications related to County Board business. County Board members may use electronic communications to discuss matters that are outside the jurisdiction of the County Board, regardless of the number of members participating in the discussion, however COE email accounts and servers should not be used for these communications.

Examples of permissible electronic communications concerning County Board business include, but are not limited to, dissemination of County Board meeting agendas and agenda packets, reports of activities from the County Superintendent of Schools, and reminders regarding meeting times, dates, and places.

County Board members shall ensure that their electronic communications conform to the same standards and protocols established for other forms of communication. A County Board member may respond, as appropriate, to an electronic communication received from a member of the community and should make clear that his/her response does not necessarily reflect the views of the County Board as a whole. As appropriate, complaints or requests for information may be forwarded to the County Superintendent so that the issue may receive proper consideration and be handled through the appropriate COE process. Communication received from the media shall be forwarded to the County Board president and the County Superintendent.

In order to minimize the risk of improper disclosure, County Board members shall not disclose confidential information or confidential information acquired during closed session.

Like other writings concerning County Board business, a County Board member's electronic communication may be subject to disclosure under the California Public Records Act.

To the extent possible, electronic communications regarding any district-related business

shall be transmitted through a district-provided device or account. When any such communication is transmitted through a Board member's personal device or account, he/she shall copy the communication to a district electronic storage device for easy retrieval.

(cf. 1340 - Access to District Records)

(cf. 3580 - District Records)

Legal Reference:

EDUCATION CODE

1011 Time and place of meetings

GOVERNMENT CODE

6250-6270 California Public Records Act

11135 State programs and activities, discrimination

54950-54963 The Ralph M. Brown Act, especially:

54952.2 Meeting, defined

54953 Meetings to be open and public; attendance

54954.2 Agenda posting requirements, board actions

COURT DECISIONS

City of San Jose v. Superior Court, (2014) 225 Cal.App.4th 75

Management Resources:

CSBA PUBLICATIONS

The Brown Act: School Boards and Open Meeting Laws, rev. 2014

ATTORNEY GENERAL PUBLICATIONS

The Brown Act: Open Meetings for Legislative Bodies, 2003

LEAGUE OF CALIFORNIA CITIES PUBLICATIONS

Open and Public IV: A Guide to the Ralph M. Brown Act, rev. 2007

WEB SITES

CSBA: http://www.csba.org

CSBA, Agenda Online: https://www.csba.org/ProductsAndServices/AllServices/AgendaOnline.aspx

Attorney General's Office: https://oag.ca.gov

Institute for Local Government: http://wwwca-ilg.org

League of California Cities: http://www.cacities.org

Bylaw STANISLAUS COUNTY OFFICE OF EDUCATION

adopted: August 20, 2009 Modesto, California

revised: August 21, 2018