An agenda for each meeting shall be prepared and posted by the Superintendent/President at least seventy-two (72) hours in advance of the meeting, except in the case of special meetings, the agenda shall be noticed, posted and delivered (by mail or personal delivery) not less than twenty-four (24) hours prior to the meeting.
The agenda mailed and delivered as prescribed above shall be accompanied by such other material as is necessary to assist the Board in arriving at decisions. The President of the Board, however, may re-arrange the agenda during the meeting of the Board, except for scheduled public hearings, if there is no objection from a majority of the Board.
The agenda for both regular and special meetings shall include a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. The agenda shall specify the time and location of the meeting and be posted in a location freely accessible to members of the public and employees.
No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that Board members may briefly respond to statements made or questions posed by persons exercising their public testimony rights. Further, Board members, on their own initiative, or in response to questions posed by the public, may ask questions for clarification, provide a reference to staff or other resources for factual information, or request staff to report back to the Board at a subsequent meeting concerning any matter. Further, a member, or the Board itself, may direct staff to place a matter of business on a future agenda.
No action shall be taken on any item not appearing on the agenda except under the conditions stated below. Prior to discussing any item pursuant to this provision, the Board shall publicly identify the item.
1. Upon a determination by a majority vote of the Board that an emergency situation exists. "Emergency" means:
a. Work stoppage or other activity which severely impairs public health, safety or both;
b. Crippling disaster which severely impairs public health, safety or both.
2. Upon a determination by a two-thirds vote of the Board, or, if less than two-thirds of the members are present, a unanimous vote of those members present that there is a need to take immediate action and that the need for action came to the attention of the District subsequent to the agenda being posted.
3. The item was posted for a prior regular meeting of the Board occurring not more than five calendar days prior to the date action is to be taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.
Every agenda for regular meetings shall provide an opportunity for the public to address directly the Board on items of interest to the public that are within the subject matter jurisdiction of the District. The public may also address the Board on items on the agenda as the items are taken up.
Every agenda for special meetings at which action is proposed to be taken on an item on the agenda shall also provide an opportunity for the public to address the Board directly concerning that item prior to action on the item.
Public criticism shall not be prohibited of the policies, procedures, programs or services of the District or of the acts or omissions of the Board.
Requests by the public to place matters on the agenda directly related to District business may be made by submitting in writing to the Superintendent/President such requests no later than 10:00 a.m. fourteen (14) working days preceding any meeting. The public may at any meeting, however, request that items be placed on future agendas if related to District business.
Although the agenda shall include an opportunity for the public to address the Board on any item of business or other issue related to District business in the case of regular meetings, an opportunity to address an item noticed on the agenda on which action is proposed in the case of special meetings, the Board does not oblige itself to act upon any request unless submitted in writing to the Superintendent/President at least fourteen (14) working days prior to the scheduled date of the meeting, and such item is included on the agenda.
Education Code 72121, 72121.5, 72129;
Government Code 54954.2, 54954.3, 54956, 54956.5
Revised and Adopted: 1-2-90, 7-2-91, 11-3-92, 4-4-95