The County Board recognizes that electronic communication is an efficient and convenient way for County Board members to communicate and expedite the exchange of information with members of the public. County Board members shall exercise caution so as to ensure that electronic communications are not used as a means for the County Board to deliberate outside of an agendized County Board meeting, nor to circumvent the public's right to access records regarding Board or LACOE business.
(cf. 1100 - Communication with the Public)
(cf. 9000 - Role of the Board)
(cf. 9322 - Agenda/Meeting Materials)
A majority of the County Board shall not 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.
(cf. 9320 - Meetings and Notices)
Examples of permissible electronic communications concerning Board and LACOE business include, but are not limited to, dissemination of County Board meeting agendas and agenda packets, reports of activities from the County Superintendent, and reminders regarding meeting times, dates, and places.
In addition, County Board members may use electronic communications to discuss matters that do not pertain to County Board business, regardless of the number of County Board members participating in the discussion.
County Board members shall ensure that their electronic communications conform to the same standards and protocols established for other forms of communication. Any complaint or request for information should be forwarded to the County Superintendent in accordance with County Board bylaws and protocols. As appropriate, communication received from the media shall be forwarded to the designated LACOE spokesperson.
(cf. 1112 - Media Relations)
(cf. 1312.3 - Uniform Complaint Procedures)
(cf. 1312.4 - Williams Uniform Complaint Procedures)
(cf. 3320 - Claims and Actions Against the LACOE)
(cf. 9005 - Governance Standards)
(cf. 9121 - President
(cf. 9200 - Limits of Board Member Authority)
To the extent possible, electronic communications regarding any Board-related business shall be transmitted through a Board-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 LACOE electronic storage device for easy retrieval.
(cf. 1340 - Access to LACOE Records)
(cf. 3580 - LACOE Records)
Legal Reference:
EDUCATION CODE
35140 Time and place of meetings
35145 Public meetings
35145.5 Agenda; public participation; regulations
35147 Open meeting law exceptions and applications
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 (2017) 2 Cal.5th 608
Management Resources:
CSBA PUBLICATIONS
Legal Alert: Tips for Governing Boards in Response to Public Records Act Ruling on Electronic Communications, March 2017
The Brown Act: School Boards and Open Meeting Laws, rev. 2014
ATTORNEY GENERAL PUBLICATIONS
The Brown Act: Open Meetings for Legislative Bodies, 2003
WEB SITES
CSBA: http://www.csba.org
CSBA, Agenda Online:
https://wwwcsba.org/Products And Services/All Services/AgendaOnline.aspx
California Attorney General's Office: https:oag.ca.gov
Bylaw LOS ANGELES COUNTY OFFICE OF EDUCATION
adopted: October 16, 2018 Downey, California