Bylaw 9323.2 - Actions by the Board

Actions by the Board

The Board of Education shall act by a majority vote of all of the membership constituting the Board, unless otherwise required by law.

An "action" by the Board of Education means:

1. A collective decision by a majority of the Board members
2. A collective commitment or promise by a majority of the members to make a positive or negative decision
3. A vote by a majority of the members when sitting as the Board upon a motion, proposal, resolution, order or ordinance.

Action on Non-Agenda Items

After publicly identifying the item, the Board may take action on a subject not appearing on the posted meeting agenda under any of the following conditions:

The Board may take action in a regular meeting on a subject not listed on the published agenda only when it publicly identifies the item to be acted upon in conjunction with one of the following conditions:

1. When a majority of the Board determines that an emergency situation exists as defined for emergency meetings pursuant to Government Code 54956.5 (a work stoppage, crippling disaster, or other activity which severely impairs public health or safety).
2. The Board determines either by a two-thirds majority of its members present at the meeting or, if less than two-thirds of the members are present by the unanimous vote of all members present, that the need to take immediate action came to the District's attention after the posting of the agenda.
3. The matter was properly posted for a previous meeting occurring not more than five days earlier and was continued to the meeting at which action is being taken.

The Board shall not take action by secret ballot, whether preliminary or final. Actions taken by the Board in open session shall be recorded in the Board minutes.

Challenging Board Actions

Any interested person or the district attorney’s office may present a demand that the Board cure and correct a Board action which he/she alleges is in violation of Government Code 54954.2 (agenda posting), Government Code 54953 (open meeting and teleconferencing), Government Code 54954.5 (closed session item descriptions), Government Code 54954.6 (new or increased tax assessments), Government Code 54956 (special meetings), or Government Code 54956.5 (emergency meetings).

If the alleged violation concerns action taken in an open session but in violation of Government Code 54954.2 (agenda posting), the written demand must be made within 30 days of the date when the alleged action took place.

Any demand to "cure and correct" an alleged violation shall clearly describe the challenged action and the nature of the alleged violation.

Within 30 days of receiving the demand, the Board shall do one of the following:

1. Cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct.
2. Determine not to cure or correct the alleged violation and inform the demanding party in writing of its decision to not cure or correct.
3. Take no action. If the Board takes no action within the 30-day review period, its inaction shall be considered a decision to not cure or correct the action.