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Los Angeles COE |  BB  9130  Board Bylaws

County Board Committees   

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By a majority vote of its members, the County Board may establish committees to consider, investigate, or develop recommendations on matters related to LACOE policy. All committees shall follow the Brown Act. (Government Code 54954).

(cf. 9130.1 - Standing Committees)

Establishment of a County Board committee shall be considered appropriate when a policy matter before the County Board requires study.

When a committee is created, the President of the County Board shall appoint the committee members and chairperson and shall, in compliance with the Brown Act, serve as an ex-officio member of the committee.

Committee membership may include County Board members, office staff, and other persons deemed appropriate by the County Board President. Non-Board members appointed to the committee shall be confirmed by a majority vote of the County Board.

(cf. 1220 - Citizen Advisory Committees)

The duties, responsibilities, anticipated term of committee activity, and the powers of the committee shall be defined by the County Board at the time of establishment of the committee. The committee shall be considered dissolved when its final report has been made, unless the County Board, by majority vote, terminates the committee's activities prior to that time.

Communication of the committee or its members with office staff shall be through the County Superintendent or designee. Communications of the committee or its members to the County Board as a whole shall be made through the committee chairperson or designee.

Open Meeting Laws

County Board committees shall provide public notice of their meetings and conduct these meetings in accordance with state open meeting laws.

Meetings of advisory committees or standing committees for which an agenda is posted at least 72 hours in advance of the meeting pursuant to Government Code 54954.2, shall be considered, for purposes of the Brown Act, as regular meetings of the County Board. (Government Code 54954)

(cf. 9320 - Meetings and Notices)

(cf. 9322 - Agenda/Meeting Materials)

County Board advisory committees, including ad hoc committees composed solely of less than a quorum of the members of the County Board are not subject to open meeting laws unless they are standing committees that have a continuing subject matter jurisdiction or a meeting schedule established by the County Board. (Government Code 54952)

Standing committees with a continuing subject matter jurisdiction include but are not limited to those responsible for providing advice on budgets, audits, policy and curriculum and instruction at the County Board's request.

When a majority of the members of the County Board attend an open and noticed meeting of a standing committee, the County Board members who are not members of the standing committee shall attend only as observers. (Government Code 54952.2)

The County Superintendent or designee may serve as an advisor to any committee at the discretion of the County Board.

When a County Board committee composed exclusively of County Board members has provided for public comment on an item at a public meeting before or during the committee's consideration of the item, the County Board is not obliged to provide for public comment on the item at a subsequent County Board meeting. Public comment shall be afforded, however, if the County Board determines that the item has been substantially changed since it was heard by the committee. (Government Code 54954.3)

Legal Reference:

EDUCATION CODE

35010 Control of district; prescription and enforcement of rules

35024 Executive committee

35160 Authority of governing boards

35160.1 Broad authority of school districts

GOVERNMENT CODE

54950-54963 The Brown Act, especially:

54952 Legislative body, definition

54952.2 Definition of meeting

54954 Time and place of regular meetings; special meetings; emergencies

54954.3 Opportunity for public to address legislative body

54957 Closed session purposes

COURT DECISIONS

Frazer v. Dixon Unified School District, (1993) 18 Cal.App.4th 781

ATTORNEY GENERAL OPINIONS

81 Ops.Cal.Atty.Gen. 156 (1998)

80 Ops.Cal.Atty.Gen. 308 (1997)

79 Ops.Cal.Atty.Gen. 69 (1996)

Management Resources:

CSBA PUBLICATIONS

The Brown Act: School Boards and Open Meeting Laws, 2009

WEB SITES

CSBA: http://www.csba.org

National School Boards Association: http://www.nsba.org

Bylaw LOS ANGELES COUNTY OFFICE OF EDUCATION

adopted: November 4, 2014 Downey, California