GOVERNANCE REQUIREMENTS FOR SCHOOL COUNCILS Reviewing the Ralph M. Brown Act and Greene Act Requirements for School-Based Councils August 3, 2018 Presented by: Diane Panossian, Director Leah Brackins, Sr. Parent Community Facilitator Office of Parent and Community Services
OBJECTIVES 1. Review the legal requirements of School Site Councils, Local School Leadership Councils and Governing School Councils 2. Identify the implications for school meetings 3. Understand guidelines for generating sign-in rosters, agendas, minutes and bylaws 4. Review the annual waiver requirements and procedures 5. Develop draft bylaws for the Local School Leadership Councils and Governing School Councils 2
GROUNDING ACTIVITY 1. Complete the 3-2-1 Activity Sheet. 2. Turn to a partner and share your responses. 3
CLOCK PARTNERS ACTIVITY 1. Write down the names of 4 people that you don’t know, one on each line. 2. None of the people should be seated at your table. 4
DISTRICT GOAL AND THE DECISION-MAKING PROCESS Council Meeting Goal District Goal Preserve the people’s right to 100% Graduation participate in the democratic process District Objectives Council Objectives 1. Formal Structure Proficiency for All 1. 2. Predictable Decision-making 100% Attendance 2. Process Parent and Community 3. 3. Open Public Dialogue Engagement 4. Public Access to Materials School Safety 4. 5. Official Meeting Record Solid Foundation for Early 5. 5 Learners
SCHOOL COUNCILS/COMMITTEES UNDER EACH ACT Governance, not content Understand the spirit of the law so that you can discern appropriately Greene Act Brown Act 1. Local School Leadership 1. School Site Council 2. English Learner Advisory Council Committee 2. Pilot Governing School Council 6
HISTORY AND RATIONALE 1953 Ralph M. Brown, CA State Assemblyman, writes California’s first “sunshine law,” providing public access to government meetings. The Brown Act becomes a part of the California Government Code (GC), establishing a “right to know” legal process for public meetings, requiring “legislative bodies” to publish information, promote openness, and provide stakeholders with a means to communicate opinions. 7 What constitutes a “legislative body” under the California Government Code?
LEGAL REQUIREMENTS FOR COUNCILS: GOVERNMENT CODE Chapter 9, CA Government Code This chapter shall be known as the Ralph M. Brown Act (GC § 54950.5). Applies to “legislative bodies” of local government agencies, including county, city and school districts As used in this chapter, “legislative body” means: The governing body of a local agency or any other local body created by state or federal statute. ( includes governing board of a school district ) A commission, committee, board, or other body of a local agency… created by charter, ordinance, resolution, or formal action of a legislative body (GC § 54952). ( includes any councils formed by the governing 8 board of a school district, excluding ad hoc committees )
THE BROWN ACT 1. Open Meetings A meeting is defined as “any congregation of a majority of members of legislative body at same time and location to hear, discuss, deliberate, or take action upon any item within subject matter jurisdiction.” ( Majority usually defined as 50% + 1 member ) All meetings of a legislative body must happen at a set date and time and in public view. “Serial meetings” are prohibited. Series of meetings or communications that exchange ideas among the majority, through person or technology, even though the majority never gather at the same time 9 Emails, phone conversations, text messages
SCENARIOS Have you ever unknowingly participated in a serial meeting ? Five of the 10 members of a Local School Leadership Council, operating under the Ralph M. Brown Act, email each other to discuss opinions about whether to vote to purchase an additional teacher with a budget surplus. Six of the 10 members of a Local School Leadership Council, operating under the Ralph M. Brown Act, attend a dinner together. 10
THE BROWN ACT 2. Meeting Notice and Agenda A meeting notice is a flyer that informs the public that a meeting will occur, usually including only information about the title, date, time and location of a meeting. It is not required under the Brown Act. A meeting agenda is required under the Brown Act; and it must be posted in an area accessible to the public at all times (outside of school building) at least 72 hours prior to the meeting time, or 24 hours prior to a “special meeting”. The Chairperson or majority of members can call for a “special meeting” at any time; but certain provisions must be met. 11
THE BROWN ACT “Special Meeting” A written agenda needs to be personally delivered to each member at least 24 hours in advance. The agenda needs to be provided to the local newspaper and radio, or to the local television station at least 24 hours in advance if written notice is requested by the media outlet . Also, the agenda needs to be posted on the school’s website, if the school has one, at least 24 hours in advance. What items should regular and “special” meeting agendas include? 12
THE BROWN ACT Meeting Agenda The meeting agenda must include the title, date, time and location of a meeting, as well as including the order of the topics to be discussed in the meeting. In addition, the agenda must have a brief (under 20 word) description of each business agenda item below the item. The agenda must state where the public can review the materials or obtain copies, and it should contain a statement about who to contact if accommodations are needed under the Americans with Disabilities Act. 13 This statement can be placed at the bottom of the agenda.
THE BROWN ACT Meeting Agenda Discussion or action cannot occur during the meeting on any item not listed on the agenda. Exception: Need for immediate action, discovered after posted agenda, requires 2/3 vote Exception: “Emergency situation” (GC § 54956.5) determined by majority vote and defined as a work stoppage, an activity that severely impairs public health or safety, or a dire emergency like a crippling disaster or the threat of a terrorist attack 14
THE BROWN ACT T eleconferencing Address of teleconferencing location in top left corner with phone number for call-in access Agenda with teleconferencing information must be posted at the teleconferencing location either 72 or 24 hours before the meeting is held Teleconferencing location must be open and accessible to the public for the duration of the meeting (no car) People teleconferencing are considered present at a meeting and can vote 15
THE BROWN ACT 3. Public Participation The public can provide comments on any agenda item before or during the consideration of the item. People can video and audio record if it’s not disruptive. Reasonable regulations should be set and communicated on the agenda describing the “time, place and manner” of public comments. A registration sheet should be provided at the meeting. Beneath the Public Comment item listed early on the agenda, identify how many speakers will be allowed and for how many 16 minutes each.
REVIEW Agenda T emplate AGENDA A Sample Agenda A What do you notice about Agenda A? ITEMS TO NOTE: o Public Comment listing (III) o Placement of Roll Call item (VI) o Business item description (VIII) o Action items identification (XI) 17 o Description at bottom
SCENARIOS Is it posted accurately or not? Happy High School posts Agenda B on the wall behind the front door five days before the meeting. Is this a proper posting for the public? How can Agenda B be improved? Excellent Elementary School posts Agenda C on the school’s fence three days before the meeting. Is this a proper posting for the public? How can Agenda C be improved? Magnificent Middle School posts Agenda D in the main office 48 hours before the meeting, since budgets were just released and decisions need to be made. Is this a proper posting for the 18 public? How can Agenda D be improved?
DEVELOP BREAK: Agenda T emplate Activity Create the agenda for your first Local School Leadership or Governing School Council meeting. 19
THE BROWN ACT Penalties City District Attorney can file an injunction to stop violations. Actions of legislative body can be voided Civil suit can be filed by anyone, including the District Attorney City District Attorney usually warns a legislative body of violations before prosecuting for a violation. Compliance is the goal. 20
THE BROWN ACT Penalties Violations can warrant a criminal penalty leading to a misdemeanor. Charges can be filed against any “member of a body at a meeting where action is taken in violation, and the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled.” ALL MEETINGS OF LEGISLATIVE BODIES, INCLUDING THE LOCAL SCHOOL LEADERSHIP COUNCILS (LSLC), MUST BE CONDUCTED UNDER BROWN 21 ACT REGULATIONS, UNLESS THE BODIES ARE PROVIDED AN EXCEPTION…
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