Question
: I requested that several items be put on the board agenda as emergency items such as hiring freezes, department budget cuts, stopping non-emergency overtime. Even after following Board policy, they were deemed by the president as to not meeting the definition of an emergency per Education Code, which talks about things like work stoppage, etc. Why can’t these be considered an emergency when Governor Schwarzenegger said he will declare a fiscal emergency? Can’t we as a board use the same rationale?Response: Education Code Section 35145.5 mandates the Board to adopt reasonable regulations which ensure that members of the public, including board members, can place matters directly related to school district business on the agenda of Board meetings. That code specifically states:
It is the intent of the Legislature that members of the public be able to place matters directly related to school district business on the agenda of school district governing board meetings. Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the governing board on any item of interest to the public, before or during the governing board’s consideration of the item, that is within the subject matter jurisdiction of the governing board. Governing boards shall adopt reasonable regulations to insure that this intent is carried out. The regulations may specify reasonable procedures to insure the proper functioning of governing board meetings.
This subdivision shall not preclude the taking of testimony at regular meetings on matters not on the agenda which any member of the public may wish to bring before the board, provided that, except as authorized by Section 54954.2 of the Government Code, no action is taken by the board on those matters at the same meeting at which the testimony is taken. Nothing in this paragraph shall be deemed to limit further discussion on the same subject matter at a subsequent meeting.
In following the above Education Code, districts are free to establish their own timelines for placing an item on the agenda, taking into account staff time and resources, as long as the established timeline is a reasonable one. District practice on how to place items on the agenda would be specified in each district’s approved board policy. Any board member or any member of the public may request that a matter within the jurisdiction of the board be placed on the agenda of a regular meeting. In many districts, the request must usually be in writing and submitted to the superintendent or designee with supporting documents and information, if any, at least one week before the scheduled meeting date. Again, each district’s specific board policy would outline that district’s practice.
In most districts, the board president and superintendent shall decide whether a request is within the subject matter jurisdiction of the board. Items not within the subject matter jurisdiction of the Board may not be placed on the agenda. Based on the information in your question, the same practice is in place in your district
What we cannot speak to is whether or not the decision made in your specific case to not place your requests on the agenda are appropriate or not. Normally, for those items not on the agenda, the items can be discussed during open comment sections, including when the board is able to make comments, so there is still an arena for your comments to be heard if you so desire.
Remember also that the Governor declared a fiscal emergency due to the provisions of Proposition 58 which was approved in 2004. Due to that Proposition, the Governor is authorized to declare a "fiscal emergency" when revenues are "substantially below" the level anticipated when the Budget was signed, which has recently occurred. Such a declaration triggers the Legislature into special session to address the budget crisis, at which time the Governor proposed legislation to address the Budget shortfall. The Legislature was then required to adopt the Governor’s plan or adopt an alternate plan. Lawmakers were unable to take action on any other bills until they sent the Governor legislation addressing the Budget. As you know, these actions have occurred, and thus the provisions have been met. But, this declaration of a fiscal emergency under the law does not apply to school districts the same way, unless the board was to make some type of regulation or procedure in board policy. Based on your question, that does not seem to be in place in your specific district.
3/10/08
