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Los Angeles COE |  BB  9323  Board Bylaws

Meeting Conduct   

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Meeting Procedures

All County Board meetings shall begin on time and shall be guided by an agenda prepared in accordance with County Board bylaws and posted and distributed in accordance the Ralph M. Brown Act (open meeting requirements) and other applicable laws.

(cf. 9322 - Agenda/Meeting Materials)

The County Board President shall conduct County Board meetings in accordance with County Board bylaws and procedures that enable the County Board to efficiently consider issues and carry out recommendations and motions approved by the County Board.

(cf. 9121 - President)

In the conduct of its business at all regular and special meetings, and when existing Board policies do not prescribe the procedure, the County Board shall be governed by the parliamentary procedures set forth in Robert's Rules of Order.

(cf. 9320 - Meetings and Notices)

In conducting agendized Board business, County Board members are permitted to ask questions and deliberate respectfully, taking care to allow all members to participate.

Quorum and Abstentions

The County Board shall act by majority vote of all of the membership constituting the County Board.

(cf. 9323.2 - Actions by the Board)

The County Board believes that when no conflict of interest requires abstention, its members have a duty to vote on issues before them. When a County Board member abstains, the abstention shall not be counted for purposes of determining whether a majority of the membership of the County Board has taken action.

(cf. 9270 - Conflict of Interest)

Public Participation

Members of the public may attend County Board meetings and address the County Board concerning any item on the agenda or within the County Board's jurisdiction. So as not to inhibit public participation, persons attending Board meetings shall not be requested to sign in, complete a questionnaire, or otherwise provide their name or other information as a condition of attending the meeting.

In order to conduct Los Angeles County Board of Education business in an orderly and efficient manner, the County Board requires that public presentations to the County Board comply with the following procedures:

1. The County Board is required to conduct the official business of the Office in accordance with the applicable legal requirements of the County of Los Angeles and the State of California. In discharging its legal responsibilities, the County Board is interested in hearing the views of individuals who wish to appear before it to present their views.

All official meetings, as required by law, are public meetings of the County Board; however, they are not meetings of the general public. Participation by the public is provided for on the County Board agenda, and anyone is welcome to address the County Board on any item within its jurisdiction. If a matter is on the agenda, the speaker must speak to the item at that time. However, when an item is not on the agenda the speaker must speak during the designated public comment time. In instances when an item is not on the agenda the County Board may only listen or ask for clarification. Discussion and decision must be referred to a later meeting to allow for public notice and equal access of all interested people.

At the outset of the meeting the County Board President will remind public speakers of their opportunity to address the County Board as follows:

* If you would like to provide public comment on a matter on the County Board's agenda, you may do so when the item is called.

* If you wish to speak on any matter within the County Board's jurisdiction, but not on the agenda, you must address the County Board during public comment.

2. In order to promote constructive citizen and employee participation at County Board meetings, to assure equal and fair treatment to all individuals and groups, and to enable the County Board to make maximum use of the limited time available at meetings, the following procedures shall be observed.

During public comment, three minutes may be allocated to each speaker and a maximum of twenty minutes to each subject. No speaker may relinquish a time allotment to another speaker. Exceptions to these time limits shall be made only by a majority vote of the County Board members present.

The County Board President retains the responsibility and authority to maintain order, and shall have the right to terminate a speaker's privilege of address to maintain order.

Exceptions to the procedures set forth above shall be made only by a majority vote of the County Board members present, and shall be applicable only to the individuals or groups, and for the specific time, identified in the motion to grant an exception.

In order to ensure that non-English speakers receive the same opportunity to directly address the Board, any member of the public who utilizes an interpreter shall be provided at least twice the allotted time to address the Board, unless simultaneous interpretation equipment is used to allow the Board to hear the interpreted public testimony simultaneously. (Government Code 54954.3)

(cf. 9130 - Board Committees)

3. The County Board President may rule on the appropriateness of a topic. If the topic would be more suitably addressed at a later time, the County Board President may indicate the time and place when it should be presented.

The County Board shall not prohibit public criticism of its policies, procedures, programs, services, acts, or omissions. (Government Code 54954.3)

(cf. 9321 - Closed Session Purposes and Agendas)

4. The County Board President shall not permit any disturbance or willful interruption of County Board meetings. Persistent disruption or interference with the proceedings of a meeting by an individual or group shall be grounds for the County Board President to remove disruptive individuals and order the room cleared if necessary. In this case, members of the media not participating in the disturbance shall be allowed to remain, and individuals not participating in such disturbances shall be allowed to remain at the discretion of the County Board. When the room is ordered cleared due to a disturbance, further County Board proceedings shall concern only matters appearing on the agenda.

When such disruptive conduct occurs, the County Superintendent or designee shall contact local law enforcement.

Recording by the Public

The County Board President or designee shall designate locations from which members of the public may broadcast, photograph, or tape record open meetings without causing a distraction.

Members of the public may record an open Board meeting using an audio or video recorder, still or motion picture camera, cell phone, or other device, provided that the noise, illumination, or obstruction of view does not persistently disrupt the meeting. The Superintendent or designee may designate locations from which members of the public may make such recordings without causing a distraction.

(cf. 9324 - Board Minutes and Recordings)

If the County Board finds that noise, illumination, or obstruction of view related to these activities would persistently disrupt the proceedings, these activities shall be discontinued or restricted as determined by the County Board. (Government Code 54953.5, 54953.6)

Legal Reference:

EDUCATION CODE

5095 Powers of remaining board members and new appointees

32210 Willful disturbance of public school or meeting a misdemeanor

35010 Prescription and enforcement of rules

35145.5 Agenda; public participation; regulations

35163 Official actions, minutes and journal

35164 Vote requirements

35165 Effect of vacancies upon majority and unanimous votes by seven member board

GOVERNMENT CODE

54953.5 Audio or video tape recording of proceedings

54953.6 Broadcasting of proceedings

54954.2 Agenda; posting; action on other matters

54954.3 Opportunity for public to address legislative body; regulations

54957 Closed sessions

54957.9 Disorderly conduct of general public during meeting; clearing of room

PENAL CODE

403 Disruption of assembly or meeting

COURT DECISIONS

McMahon v. Albany Unified School District, (2002) 104 Cal.App.4th 1275

Rubin v. City of Burbank, (2002) 101 Cal.App.4th 1194

Baca v. Moreno Valley Unified School District, (1996) 936 F.Supp. 719

ATTORNEY GENERAL OPINIONS

76 Ops.Cal.Atty.Gen. 281 (1993)

66 Ops.Cal.Atty.Gen. 336 (1983)

63 Ops.Cal.Atty.Gen. 215 (1980)

61 Ops.Cal.Atty.Gen. 243, 253 (1978)

55 Ops.Cal.Atty.Gen. 26 (1972)

59 Ops.Cal.Atty.Gen. 532 (1976)

Management Resources:

CSBA PUBLICATIONS

The Brown Act: School Boards and Open Meeting Laws, rev. 2005

Board Presidents' Handbook, rev. 2002

Maximizing School Board Governance: Boardsmanship

ATTORNEY GENERAL PUBLICATIONS

The Brown Act: Open Meetings for Legislative Bodies, 2003

WEB SITES

CSBA: http://www.csba.org

California Attorney General's Office: http://www.caag.state.ca.us

Bylaw LOS ANGELES COUNTY OFFICE OF EDUCATION

adopted: April 21, 2020 Downey, California