10+1, Senate Purview and Brown Act: Curriculum Committee Academic - - PowerPoint PPT Presentation
10+1, Senate Purview and Brown Act: Curriculum Committee Academic Senate By-Laws and Constution O Basic Skills and Learning Communities Standing Subcommittee of the Academic Senate is currently listed as an addition to the Senate bylaws
O Basic Skills and Learning Communities
Standing Subcommittee of the Academic Senate is currently listed as an addition to the Senate bylaws pending ratification by all faculty of its Constitution
O Senate desires to work with the
subcommittee to affirm membership, title and charge prior to Spring 2017
What is Ed. Code?
O The Laws resulting from legislation pertaining to
education,
O Changes are made through legislation (or budget
action),
O Always supersedes Title 5 regulation, O Governance was amended by AB 1725 in 1988, O http://www.leginfo.ca.gov/calaw.html
O Beginning with section 22000, codifies STRS O Title 3, Division 7: California Community Colleges
O 70900 General Provisions
O 70902
02 Ac Academic mic Senate has pri rimar ary y responsi ponsibility ty for recomme mendati ndations
ding curricu riculum um O 72000 Districts and Governing Boards O 76200 Student Records, including privacy O 84000 Finance and Budget O 84750 Apportionment and Funding
INCLUDES ITS DESIGNEES/SUBCOMMITEES, eg Curriculum and Basic Skills/LCs
What is Title 5?
O California Code of Regulations O Derived and approved by the Board of
Governors from the California Education Code
O Division 6 - applies to California Community
Colleges
O Regulation with the force of law
Title 5 and the Academic Senate:
O Section 53200 (b)
O Defines and empowers academic senates
O Section 53200 (c)
O Lists the “10+1”
O Section 53200 (d)
O Defines “consult collegially,” “primarily rely,” and
“mutually agree”
Commonly known as the "Ten Plus One‚" (as articulated in Title 5 of the Administrative Code of California, Sections 53200) the following define "Academic and Professional matters."
disciplines
annual reports
the governing board and the academic senate
O
The Board recognizes the Academic Senate as the body which represents the faculty in shared governance relating to academic and professional matters as set forth in Title 5, Section 53200 (c) (1-11). The Board acknowledges the role of the Academic Senate in consulting collegially on the above matters as set forth in Title 5, Section 53203 (a-f). The Board recognizes and endorses the rights and responsibilities assigned to the Academic Senate as delineated by state statutes regarding matters to include affirmative action, hiring, minimum qualifications, equivalencies, peer review, tenure review, dismissal, faculty service areas, administrator evaluations and administrator retreat rights and the specific rights assigned to the administration, staff, and students as delineated by the statute, notwithstanding Section 53204 of Title 5:
O
Nothing in this subchapter shall be construed to impinge upon the due process rights of SOLANO COMMUNITY COLLEGE DISTRICT faculty, nor to detract from any negotiated agreements between collective bargaining representatives and district governing boards. It is the intent of the Board of Governors to respect agreements between academic senates and collective bargaining representatives as to how they will consult, collaborate, share or delegate among themselves the responsibilities that are or may be delegated to academic senates pursuant to these regulations.
This is for Ed. Code: http://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml
O Not searchable O Table of Contents is detailed
This is for Title 5: https://govt.westlaw.com/calregs/Index?transitionType=Default& contextData=(sc.Default
O This is the California Code of Regulations. O Click on Title 5. Education O Then click on Division 6. Community Colleges
http://www.ccccurriculum.net/compliance-2/pcah/
California Community Colleges (Disciplines List) http://extranet.cccco.edu/Portals/1/AA/MinQuals/Minim umQualificationsHandbook2012_2014.pdf
“ The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know.” California Government Code §54950
Ralph M. Brown 1959 Photo courtesy The Modesto Bee
O Applies to meetings of all local legislative bodies (GC
54952) including
O The Board of Trustees O Any subcommittee or task force created by the Board with
a majority of Board members serving on the group
O Any subcommittee or task force created by the Board
which has a definite ongoing charge (either decision- making or advisory) OR has a regularly-scheduled meeting set by the Board, regardless of Board membership
O A meeting of a local legislative body (GC 54952.2)
discuss business within their charge. A majority can meet in the following provided they do not discuss any business within their charge among themselves.
O Attendance at a conference O An open meeting of some other group to address
local issues (even a Board-recognized group under the definition of “legislative bodies”)
O Social gatherings
The Brown Act also applies to meetings of all:
O Standing committees – a committee that has continuing
jurisdiction over a particular topic §54952(b) For example: Budgets, personnel, etc.
O Advisory committees that include a majority of the body and are
not standing committees
O Advisory committees that are standing committees (regardless of
the size and membership) Exception: The Brown Act does not apply to a subcommittee that is made up of less than a majority of the body, is an advisory committee AND is not a standing committee
O Serial meetings are not allowed O Serial meetings occur when a majority of the members have communicated about an issue and have developed a collective concurrence. O A collective concurrence is developed when: O Members have either directly or indirectly heard each
O Example: When Senator Bob calls Senator
Bill to talk about a resolution then Bill calls Senator John to talk about it and finally John calls Senator Fred, etc., until a majority of senators has been contacted. A majority of the senators have talked about the topic and a collective concurrence has been established.
Hub and spoke meeting:
O Example: For instance, if VPI Terri calls
Senator John and discusses a senate issue to get his opinion, then she calls Senator Robert, then calls Senator Bill, and then calls Senator Tim telling each what the other has said, eventually a majority of the senate may have indirectly discussed the topic without public notice and is therefore in violation of the Brown Act.
§5492.2(b): Except as authorized pursuant to §54953, any use of direct communication, personal intermediaries, or techno chnolog logical ical devic vices that is employed by a majority of the members of the legislative body to develop a collective concurrence as to action to be taken on an item by the members of the legislative body is prohibited The attorney general has issued an opinion stating that this section of the act applies to email.
O In 2001 the CA Attorney General issued an opinion regarding the use of email. (Opinion #00-906, 2001) O The opinion concluded: A majority of the board members of a local public agency may not e-mail each other to develop a collective concurrence as to action to be taken by the board without violating the Ralph M. Brown Act. O Even if the emails are made public they would still be a violation of the Act because the board would be depriving the pubic of the deliberative process. O The opinion also states, “The term ‘deliberation’ has been broadly construed to connote ‘not only collective discussion, but the collective acquisition and exchange of facts preliminary to the ultimate decision.’ [Citation.]” (Rowen v. Santa Clara Unified School
O You can find the opinion at: http://ag.ca.gov/opinions/published/00-906.pdf
O Incl
clud ude e meeti ting ng time me and locat cation,
cluding ng address ress
O Post
st agend nda a in a 24/7 publicl licly y access cessible ble area a 72 hours s before
meeting eting (physi ysical ally ly and virtually) ually)
O Speci
ecial al meeti tings ngs requi uire e 24 hour urs s notice
mited ed to agend enda a item ems
O Senat
nates es do not
ll emer ergen ency cy meet eting ngs s (which ch do not
uire 24 hour r noti
ce) – public lic safety ty is not
der senat nate e juri risdiction! tion!
O Allo
low for r publi blic c comm mments ents before
ring ng disc scuss ussion
nda a item ems
O Incl
clud ude e all ll acti tion
ems s on the agend nda, a, with th a brief ef descri script ption
O Can change
ange order er of agen enda
O Exception: Action may be taken on a non-
agenda item, BUT this requires:
O That the need for immediate action was
discovered after the agenda was posted, and
O A vote of 2/3 of members present if more
than 2/3 of the total membership are present, or a unanimous vote if less than 2/3
O
Meetings must be held within your senate’s jurisdiction
O
Closed sessions are for
O
litigation (for instance, the senate is or will be sued)
O
personnel matters (such as, the senate has responsibility for evaluating a senate employee)
O
negotiating with a bargaining agent (which the senate does not do).
O
All votes are open!
O
No secret ballots…even for elections (if they are conducted during senate meetings).
O
It is now required that all ayes, nays and abstentions on motions be attributed to member casting a vote!
O Members may respond to public comments
but not take action
O All items distributed by the Senate before or
during meetings must be available to the public at the meeting (reasonable fees may be charged for duplication).
O Bring extra copies of documents O If other items are brought for distribution, offer to
send copies later to those requesting them in writing
O Be careful what is distributed at meetings – it
becomes public document
O Set time limits for discussion, particularly for public
comments
O Keep discussion within the scope of the agenda item
54953(b)(1) permits the use of teleconferencing. Requirements for teleconferences include:
O Teleconferences must comply with the rest of the Act O All votes taken during a teleconference must be taken by roll call. O Agendas must be posted at all teleconference locations. O Each teleconference location must be identified in the agenda. O Each teleconference location must be accessible to the public. O At least a quorum of the board must participate from locations within the district boundaries. O The agenda must provide for public comment at each teleconference location.
O Demand to cure or correct O Threat to sue O Lawsuit
O
Local al Senates es Handbook
htt ttp:// ://www.a .asc sccc.o .org/c rg/com
nities/l ies/local-sena enates/ es/hand ndbook book
O
Robert’s Rules Website: htt ttp:// ://www.r .rober bertsr srules.c ules.com
default.ht ult.html
O
Robert’s Rules Online http:/ ://www.rules .rulesonlin
e.com
index.htm .html
O
The Parliam liamen entar tary Procedur edure e Instruct ructional ional Materials rials Center er http tp:// ://pzen en.nor .northwes est.n t.net/in /inde dex.p .php?m ?main in_p _page= e=inde dex
O
Toastm tmas aster ers http tp:// ://wes ests tsid idetoa
ers.c s.com/r
esourc rces/rober es/roberts_r ts_rules/ ules/toc
.html
O
CA Attorn
eral Guide de (2003):
http:// ://oag ag.c .ca.g a.gov
/sit ites es/a /all/ ll/files iles/a /agwe web/p /pdfs/p /pub ublicati lication
/brown rownAc Act2003.pd t2003.pdf?
O
Leagu gue e of Calif ifornia
es 2010 Brow
t Guide: de:
http:// ://www.c w.cac acit ities ies.org .org/Upload
edFiles iles/Leag /League ueInt Inter ernet/ et/86/ 6/86f 6f7562 75625-b7d 7df-4f 4fc8-ab ab60 60-de57 e5776 7631e 31ef1e.pd 1e.pdf
including the Curriculum committee
O Commitment to
O Openness O Transparency O Public access to
information
O Beach, Randy and Michelle Grimes-Hillman.
“Keeping It Legal: Brown Act.” 2015 ASCCC Faculty Leadership Institute. 12 June 2015.
O Davison, Dolores and Ginni May. “Where Is It
Written: Ed. Code, Title 5 and Local Senates.” 2015 ASCCC Faculty Leadership Institute. 11 June 2015.