BB 9320 — Meetings and Notices

Section: 9000 - Board Bylaws
Status: Active

Adopted: 2014-06-10

Revised: 2024-10-10

Policy text

MEETINGS AND NOTICES

Meetings of the Governing Board are conducted for the purpose of accomplishing district business. In accordance with applicable open meeting laws (Brown Act), the Board shall hold its meetings in public and shall conduct closed sessions during such meetings to discuss confidential matters only as authorized by law. To encourage community involvement in the schools, Board meetings shall provide the opportunity for members of the public to directly address the Board. All meetings shall be conducted in accordance with law and the Board’s bylaws and policies.

A Board meeting exists whenever a majority of Board members gather at the same time and place to hear, discuss, or deliberate upon any item within the subject matter jurisdiction of the Board or district.

In accordance with law and as specified in Board Bylaw 9012 - Board Member Electronic Communications, a majority of the Board shall not, outside of an authorized meeting, use a series of communications of any kind, directly or through intermediaries, including social media and other electronic communications, to discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the Board. (Government Code 54952.2)

However, the Superintendent or designee may engage in separate conversations or communications with Board members in order to answer questions or provide information regarding an item within the subject matter jurisdiction of the Board, as long as that employee or district official does not communicate the comments or position of any Board members to other Board members.

In order to help ensure participation in the meeting by disabled individuals, the Superintendent or designee shall provide appropriate disability-related accommodations or modifications upon request in accordance with the Americans with Disabilities Act. Any doubt about a request for accommodation shall be resolved in favor of accessibility.

Meeting notices and agendas shall specify that any individual who requires disability-related accommodations or modifications, including auxiliary aids and services, in order to participate in the Board meeting should contact the Superintendent or designee.

Regular Meetings

Regular meetings are usually held on Thursdays, starting at 6:00 p.m., but the weekday and start time may be adjusted and, if so, will be reflected on the posted Board Meeting Calendar and the agenda for the meeting. Meetings will be held at Thurston Middle School, Library, 2100 Park Avenue, Laguna Beach, California.

At least 72 hours prior to a regular meeting, the agenda shall be posted at one or more locations freely accessible to members of the public and on the district’s website.

Consistent with Government Code 54957.5 and Board Bylaw 9322 - Agenda/Meeting Materials, whenever agenda materials relating to an open session of a regular meeting are distributed to the Board less than 72 hours before the meeting, the Superintendent or designee shall make the materials available for public inspection at a public office or location designated for that purpose The records shall be posted on the district website at the time the materials are distributed to all or a majority of the Board.

Special Meetings

Special meetings of the Board may be called at any time by the presiding officer or a majority of the Board members on any topic within the subject matter jurisdiction of the Board unless otherwise prohibited by law or as specified in Board Bylaw 9323.2 - Actions by the Board.

At least 24 hours before the time of the meeting, written notice of special meetings shall be delivered personally or by any other means to all Board members and the local media who have requested such notice in writing. The notice shall be received at least 24 hours before the time of the meeting. The notice shall also be posted at least 24 hours before the meeting on the district’s website. and in a location freely accessible to the public. The notice shall specify the time and place of the meeting and the business to be transacted or discussed. No other business shall be considered at this meeting.

Any Board member may waive the 24-hour written notice requirement prior to the time of the meeting by filing a written waiver of notice with the clerk or secretary of the Board or by being present at the meeting at the time it convenes.

Every notice of a special meeting shall provide an opportunity for members of the public to directly address the Board concerning any item that has been described in the meeting notice, before or during the item’s consideration.

Emergency Meetings

In the case of an emergency situation for which prompt action is necessary due to the disruption or threatened disruption of public facilities, the Board may hold an emergency meeting without complying with the 24-hour notice and/or 24-hour posting requirement for special meetings pursuant to Government Code 54956. The Board shall comply with all other requirements for special meetings during an emergency meeting.

The Board may meet in closed session during emergency meetings pursuant to Government Code section 54957 so long as two-thirds of the members present at the meeting agree or, if less than two-thirds of the members are present, by unanimous vote of the members present.

The Board shall comply with all other requirements for special meetings during an emergency meeting.

Except in the case of a dire emergency, the Board president or designee shall give notice of the emergency meeting by telephone at least one hour before the meeting to the local media that have requested notice of special meetings. All telephone numbers provided by the media in the most recent request for notification must be exhausted. If telephone services are not functioning, the notice requirement of one hour is waived, and as soon after the meeting as possible, the Board shall notify those media representatives of the meeting and shall describe the purpose of the meeting and any action taken by the Board. In the case of a dire emergency, the Board president or designee shall give such notice at or near the time he/she notifies the other members of the Board.

The minutes of the meeting, a list of persons the Board president or designee notified or attempted to notify, a copy of the roll call vote, and any actions taken at the meeting shall be posted for at least 10 days in a public place as soon after the meeting as possible.

An emergency situation means a work stoppage, crippling activity, or other activity that severely impairs public health and/or safety as determined by a majority of the members of the Board.

A dire emergency means a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring the Board to provide one-hour notice before holding an emergency meeting may endanger the public health and/or safety as determined by a majority of the members of the Board.

Adjourned/Continued Meetings

The Board may adjourn/continue any regular or special meeting to a later time and location that shall be specified in the order of adjournment. Less than a quorum of the Board may adjourn/continue such a meeting. If no Board members are present, the secretary or the clerk may declare the meeting adjourned/continued to a later time and location and shall give notice in the same manner required for special meetings.

Within 24 hours after the time of adjournment, a copy of the order or notice of adjournment/continuance shall be conspicuously posted on or near the door of the place where the meeting was held.

Study Sessions, Retreats, Public Forums, and Discussion Meetings

The Board may convene a study session or public forum to study an issue in more detail or to receive information from staff or feedback from members of the public.

The Board may also convene a retreat or discussion meeting to discuss Board roles and relationships. Any such meeting, regardless of title or topic, shall be held as a regular or special meeting, as appropriate, and shall comply with all other requirements for regular or special meetings.

Other Gatherings

Attendance by a majority of Board members at any of the following events is not subject to the Brown Act provided that a majority of the Board members do not discuss specific district business among themselves other than as part of the scheduled program:

A conference or similar public gathering open to the public that involves a discussion of issues of general interest to the public or to school board members
An open, publicized meeting organized by a person or organization other than the district to address a topic of local community concern
An open and noticed meeting of another body of the district
An open and noticed meeting of a legislative body of another local agency
A purely social or ceremonial occasion
An open and noticed meeting of a standing committee of the Board established pursuant to Board Bylaw 9130 - Board Committees provided that the Board members who are not members of the standing committee attend only as observer(s)
Individual contacts or conversations between a Board member and any other person that are not part of a series of communications prohibited by the Brown Act are permitted.

Location of Meetings

Meetings shall not be held in a facility that prohibits the admittance of any person on the basis of ancestry or any characteristic listed in

Unless the Board is holding a teleconference meeting during a proclaimed state of emergency, all meetings shall be held within district boundaries, except to do any of the following:

Comply with state or federal law or court order or attend a judicial or administrative proceeding to which the district is a party
Inspect real or personal property that cannot conveniently be brought into the district, provided that the topic of the meeting is limited to items directly related to the property
Participate in meetings or discussions of multiagency significance, provided these meetings are held within one of the other agencies’ boundaries, with all participating agencies giving the notice required by law
Meet in the closest meeting facility if the district has no meeting facility within its boundaries or if its principal office is located outside the district
Meet with elected or appointed state or federal officials when a local meeting would be impractical, solely to discuss legislative or regulatory issues affecting the district over which the state or federal officials have jurisdiction
Meet in or near a facility owned by the district but located outside the district, provided the meeting agenda is limited to items directly related to that facility
Visit the office of the district’s legal counsel for a closed session on pending litigation, when doing so would reduce legal fees or costs
Attend conferences on non-adversarial collective bargaining techniques
Interview residents of another district regarding the Board’s potential employment of an applicant for Superintendent of the district
Interview a potential employee from another district

All meetings, regardless of location, shall comply with the applicable notice and open meeting requirements Additionally, no such meeting may be held in a facility that prohibits the admittance of any person on the basis of ancestry or any characteristics, or where members of the public must make a payment or purchase in order to be admitted.

If a fire, flood, earthquake, or other emergency renders the posted regular or special meeting location unsafe, and the deadline for posting the location has passed, the meeting shall be held at a location designated by the Board president or designee, who shall so inform all news media who have requested notice of meetings by the most rapid available means of communication.

Traditional Teleconferencing

The Board may use teleconferences for meetings within its subject matter jurisdiction, whereby one or more members are in different locations, subject to the following requirements:

All votes taken during the meeting must be by rollcall
The meeting is conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the Board.
The location(s) of the Board member(s) participating by teleconference is open and accessible to the public during the meeting, except during closed session, such that members of the public may observe in person the Board member(s) participating by teleconference, may hear/listen to the meeting to the same extent as the Board member(s) participating by teleconference, and may make public comment during the same portion of the agenda as other members of the public from the same location(s) as the Board member(s) participating by teleconference.
The location(s) of the Board member(s) participating by teleconference is noted in the agenda and the agenda is posted at the location(s) of the Board member(s) participating by teleconference in advance of the meeting as statutorily required based on the type of meeting.
During the teleconference, at least a quorum of the members are within district boundaries.

Teleconferencing by an Individual Board Member Due to Just Cause

Until January 1, 2026, when there is “just cause” preventing a Board Member from attending in person that Board member may participate in that meeting by teleconferencing without:

Including the location of the Board member participating by teleconference in the agenda.
Making the location of the Board member participating by teleconference open and accessible to the public
Posting the agenda at the location of the Board member participating by teleconference

A Board member needing to participate by teleconference for just cause shall notify the Board at the earliest possible opportunity, including at the start of a regular meeting, of the need to do so and include a general description of the circumstances relating to the need to appear by teleconference at the given meeting.

For the Board member to participate by teleconference under this section, all of the following are required:

All votes taken during the meeting are by rollcall
At least a quorum of the Board participates in person from a singular location clearly identified on the agenda
The Board member participating by teleconference utilizes both audio and visual technology to participate in the meeting
The Board member participating by teleconference publicly discloses, before any action is taken, whether an individual 18 years of age or older is present at the Board member’s location and the general nature of the member’s relationship with each such individual
The public is able to access the meeting via a two-way audiovisual platform or a two-way audio service and a live webcast, with real-time public comment being allowed via the platform or service in addition to the public comment being available in person. The platform or service may require members of the public to register in order to make public comments so long as the platform service is not controlled by the district.
The agenda for the meeting includes information describing how members of the public can access the platform or service.

If the platform or service is disrupted such that the public cannot access the meeting or give real-time public comment, the meeting may continue, but the Board may not take action on any agenda item until the disruption is resolved.

A Board member may be permitted to participate by teleconference for just cause for no more than two meetings per calendar year.

For purposes of this section, “Just cause” may exist for any of the following:

A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a Board member to participate remotely
A contagious illness prevents a Board member from attending in person
A Board member has a need related to a physical or mental disability not otherwise reasonably accommodated
A Board member is traveling while on official business of the Board or another state or local agency

Teleconferencing by Individual Board Member Due to Emergency Circumstances

Until January 1, 2026, when a physical or family medical emergency would prevent a Board member from attending a Board meeting in person, that Board member may request to participate in such meeting by teleconference. The Board member requesting to appear remotely shall submit the request as soon as possible and include a concise general description of the emergency that necessitated the request. The Board member shall not be required to disclose any disability, medical diagnosis, or personal medical information exempt under existing law. (Government Code 54953)

If the request is received timely, it shall be added to the agenda as the first item of business at the meeting, even before any closed-session items. If the request is not received timely, it shall be taken up by the Board before the first item of business at the meeting. The request shall only be granted upon a vote by the majority of the Board.

If the request is granted by the Board, the Board member may participate by teleconference without:

Including the location of the Board member participating by teleconference in the agenda
Making the location of the Board member participating by teleconference open and
accessible to the public
Posting the agenda at the location of the Board member participating by teleconference

For the Board member to participate by teleconference due to emergency circumstances, all of the following are required:

All votes taken during the meeting are by rollcall
At least a quorum of the Board participates in person from a singular physical location
clearly identified on the agenda
The Board member participating by teleconference utilizes both audio and visual technology to participate in the meeting
The Board member participating by teleconference publicly discloses, before any action is taken, whether any individual 18 years of age or older is present at the Board member’s location and the general nature of the member’s relationship with each such individual
The public is able to access the meeting via a two-way audiovisual platform or a two-way audio service and a live webcast, with real-time public comment being allowed via the platform or service, in addition to public comment being available in person The platform or service may require members of the public to register in order to make public comments so long as the platform or service is not controlled by the district.
The agenda for the meeting includes information describing how members of the public can access the platform or service

If the platform or service is disrupted such that the public cannot access the meeting or give real-time public comment, the meeting may continue, but the Board shall not take action on any agenda item until the disruption is resolved.

In total, a Board member may not participate by teleconference due to emergency circumstances alone, or together with teleconference due to just cause, as specified above, for more than 20 percent of the Board’s regular meetings or for more than three consecutive months. If the Board meets less than 10 times in a calendar year, a Board member may not appear remotely due to emergency circumstances for more than two meetings.

Teleconference Meetings During a Proclaimed State of Emergency

The Board may conduct a Board meeting entirely by teleconference during a proclaimed state of emergency pursuant to Government Code 8625-8629 in any of the following circumstances:

For the purpose of determining whether meeting in person would present imminent risks to the health or safety of attendees due to the emergency

When the Board has determined, pursuant to Item #1 above, that meeting in person would present imminent risks to the health or safety of attendees due to the emergency

The Board may hold a meeting by teleconference during a proclaimed state of emergency without:

Including the location of the Board members in the agenda
Making the locations of Board members open and accessible to the public
Posting the agenda at the locations of Board members

For the Board to hold such a meeting, all of the following are required:

All votes taken during the meeting are by rollcall
The public is able to access the meeting via a call-in service or an internet-based platform or service, with real-time public comment being allowed via the platform or service. If an internet-based platform or service is utilized, it may require members of the public to register in order to make public comments so long as the platform or service is not controlled by the district.
The agenda for the meeting includes information describing how members of the public can access the platform or service

For any public comment period with a time limit, the Board may not close that public comment period or the opportunity to register until the full time for public comment has elapsed. For any other public comment period, the Board shall allow a reasonable amount of time to allow members of the public to provide public comment and to register to do so.

The Board may continue to conduct all meetings by teleconference throughout one or more 45-day periods so long as, prior to the beginning of each 45-day period, the Board has reconsidered the circumstances of the state of emergency and determines that it continues to directly impact the ability of the Board to meet safely in person.