BB 9323.2 — Actions By The Board

Section: 9000 - Board Bylaws
Status: Active

Adopted: 2015-03-24

Revised: 2024-10-10

Policy text

ACTIONS BY THE BOARD

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

An “action” by the Board means:

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

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.

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:

When a majority of the Board determines that an emergency situation exists, as defined for emergency meetings pursuant to Government Code 54956.5
When two-thirds of the members present, or if less than two-thirds of the members are present then by a unanimous vote of all members present, determine that the need to take immediate action came to the district’s attention after the agenda was posted
When an item appeared on the agenda of and was continued from, a meeting that occurred not more than five days earlier
Until December 31, 2025, when a Board member requests to participate by teleconference due to emergency circumstances pursuant to Government Code 54953 so long as the timing of the request did not allow for sufficient time to place it on the agenda

Challenging Board Actions

Before seeking to file a civil action to stop or prevent a Brown Act violation or to invalidate a prior action taken by the Board, the district attorney’s office or interested person shall first present a demand to “cure and correct” the alleged violation to the district. If the district receives a proper demand from the district attorney’s office or an interested person to “cure and correct” an alleged violation of the Brown Act, the Board shall consult with legal counsel on if and how to respond as provided by law. Government Code 54960-54960.5