[1. CALL TO ORDER]
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OKAY. GOOD EVENING, EVERYBODY.
TODAY IS WEDNESDAY, JANUARY 18, 2022, AND THE TIME IS 5:03 P.M..
SHOULD OUR MEETING EXTEND BEYOND THAT TIME.
WHEN I CALL YOUR NAME, PLEASE RESPOND ACCORDINGLY.
I KNOW TRUSTEE BERTA IS ATTEMPTING TO GET ON AT THE MOMENT SO I WILL SKIP OVER HER FOR RIGHT NOW.
PRESENT. GOOD EVENING, TRUSTEE MAH.
GOOD EVENING. AND TRUSTEE SREEKRISHNAN.
PRESENT. GOOD EVENING AND STUDENT BOARD MEMBER [INAUDIBLE].
STUDENT BOARD MEMBER [INAUDIBLE] HERE THIS EVENING? HE IS NOT ABLE TO ATTEND THIS EVENING.
AND STUDENT ALTERNATE BOARD MEMBER NEVAREZ.
GOOD EVENING. NOW I WILL ENTERTAIN A MOTION TO ACCEPT THE AGENDA.
I DID WANT TO PULL ITEMS 10I AND 10J FOR DISCUSSION.
BUT OTHER THAN THAT, I WOULD ACCEPT A MOTION TO ADOPT THE AGENDA.
AND THEN A SECOND FROM TRUSTEE ROCHA.
AT THIS TIME, I WILL ASK THE TRUSTEES TO VOTE IN BOARD DOCS.
AND PLEASE LET ME KNOW IF ANYBODY NEEDS A VERBAL.
PLEASE. THANK YOU, TRUSTEE DI SALVO.
AND AN AYE FOR ME. [INAUDIBLE] AND AN AYE FROM TRUSTEE LARI.
AND IT LOOKS LIKE I'M ALSO NOT CONNECTED, ALTHOUGH I'M LOGGED IN.
SO GRACE WOULD ALSO LIKE TO VOTE AYE PLEASE.
AND I'M NOT SEEING A PROMPT TO VOTE EITHER.
IF WE COULD JUST GIVE CARMEN A MOMENT.
SURE. I CAN DO A VERBAL AYE IN THE MEANTIME, IF YOU LIKE.
THERE WE GO. YEAH, IT SHOULD HAVE JUST POPPED UP.
OH, THOSE ALL CAME UP AS NOT PRESENT AT VOTE.
THANK YOU. AND I WANTED TO WELCOME TRUSTEE ROCHA TO YOUR FIRST MEETING.
BEFORE WE BEGIN, I WOULD LIKE TO SHARE THE FOLLOWING.
HTTPS://SCCOE .TO/SSBOEMEETINGS23. YOUR ZOOM APPLICATION MUST BE UPDATED TO THE MOST RECENT VERSION TO PROVIDE YOUR PUBLIC COMMENT.
IF YOU PREFER TO CALL IN FOR PUBLIC COMMENT, PLEASE CALL 1-669-900-6833 FOLLOWED BY THE MEETING ID NUMBER 96801847827#.
PLEASE NOTE THAT DIALED IN PHONE NUMBERS WILL BE VISIBLE AND PUBLICLY DISPLAYED.
BLOCKED NUMBERS WILL NOT BE RECOGNIZED FOR COMMENT.
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ONE PUBLIC COMMENT PER PERSON IS ALLOWED FOR EACH AGENDA ITEM.IF YOU PROVIDE PUBLIC COMMENT IN SPANISH, PLEASE NOTIFY THE MODERATOR BEFORE BEGINNING A COMMENT.
TO LISTEN TO THE SPANISH INTERPRETATION OF THE MEETING, PLEASE CALL 1-669-900-6833 FOLLOWED BY THE MEETING ID 727334810# SIGN.
THIS INFORMATION AND DIRECTIONS ARE ALSO POSTED ON THE BOARD AGENDA AND THE SCCOE WEBSITE.
[3. SPECIAL RECOGNITION]
THANK YOU SO MUCH PRESIDENT CHON I WILL LET YOU KNOW THAT TRUSTEE BERTA JUST JOINED THE MEETING AND I WILL GO ON TO AGENDA ITEM 3 TO ALLOW HER TIME TO GET SETTLED IN.TO SELECT CALIFORNIA DISTINGUISHED SCHOOLS, THE CALIFORNIA DEPARTMENT OF EDUCATION USES MULTIPLE MEASURES TO IDENTIFY ELIGIBLE SCHOOLS BASED ON THEIR PERFORMANCE ON THE STATE INDICATORS AS SPECIFIED ON THE CALIFORNIA SCHOOL DASHBOARD.
SPECIFICALLY, SCHOOLS WERE SELECTED BY ANALYZING DATA REPORTED THROUGH THE 2022 DASHBOARD, WHICH INCLUDED ASSESSMENT RESULTS, CHRONIC ABSENTEEISM, SUSPENSION RATES AND SOCIOECONOMIC DATA.
INFORMATION REGARDING THE 22 DASHBOARD IS PROVIDED ON THE CALIFORNIA SCHOOL DASHBOARD WEB PAGE.
I'D LIKE TO TAKE THIS OPPORTUNITY TO THANK AND CONGRATULATE ALL OF THOSE WHO CONTRIBUTE TO MAKING THE SCHOOLS WITHIN SANTA CLARA COUNTY SO WONDERFULLY AMAZING FOR OUR STUDENTS.
EACH OF THE HONORED SCHOOLS AND THEIR SCHOOL DISTRICT ARE RECEIVING A CERTIFICATE SIGNED BY ME AS COUNTY SUPERINTENDENT AND BY THE PRESIDENT OF THE SANTA CLARA COUNTY BOARD OF EDUCATION, PRESIDENT CHON.
I WILL NOW READ THE NAMES OF THE SANTA CLARA COUNTY DISTINGUISHED SCHOOLS.
JAMES FRANKLIN SMITH ELEMENTARY.
CHARTER SCHOOL OF MORGAN HILL.
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FOOTHILL ELEMENTARY.CARLTON ELEMENTARY AND NODDIN ELEMENTARY.
MORE INFORMATION ABOUT THE CALIFORNIA DISTINGUISHED SCHOOLS CAN BE FOUND ON OUR WEBSITE.
CONGRATULATIONS TO ALL OF THE SANTA CLARA COUNTY SCHOOLS AND THEIR DISTINGUISHED SCHOOLS HONOR.
THANK YOU, DR. DEWAN, AND CONGRATULATIONS TO ALL THE SCHOOLS WHO RECEIVED THIS DISTINCTION.
ALL RIGHT. I'M GOING TO GO BACK TO AGENDA ITEM NUMBER 2, SPECIAL RECOGNITION EMPLOYEE OF THE MONTH.
[2. EMPLOYEE OF THE MONTH]
TRUSTEE BERTA. YES.AND THANK YOU ALL FOR YOUR PATIENCE.
THE SANTA CLARA COUNTY BOARD OF EDUCATION RECOGNIZES 10 SANTA CLARA COUNTY OFFICE OF EDUCATION EMPLOYEES EACH YEAR FOR OUTSTANDING SERVICE TO STUDENTS, PARENTS, COWORKERS AND CUSTOMERS.
RUBY NEVAREZ, A STUDENT SERVICES SPECIALIST AT THE SCCOE.
SHE IS JANUARY'S EMPLOYEE OF THE MONTH.
AS A STUDENT SERVICES SPECIALIST FOR THE SPECIAL EDUCATION DEPARTMENT, RUBY PERFORMS A WIDE VARIETY OF ADMINISTRATIVE DUTIES, SUCH AS PLANNING, BUDGETING, PURCHASING, DATA MANAGEMENT AND RESEARCH AND TECHNICAL SUPPORT FUNCTIONS FOR STUDENT PROGRAMS. HAVING WORKED WITH THE SCCOE FOR 14 YEARS, RUBY HAS DEMONSTRATED HER VALUE TO THE TEAM AND ACROSS THE ORGANIZATION.
HER COMMITMENT TO PROVIDING HIGH QUALITY SUPPORT FOR HER TEAM DISTRICTS AND STUDENTS ALIGNS WITH THE GOALS AND MISSION STATEMENT OF THE OF THE SANTA CLARA COUNTY OFFICE OF EDUCATION. JENNIFER PURCELL, ASSISTANT DIRECTOR OF THE SPECIAL EDUCATION DEPARTMENT, SAID RUBY IS A HARD WORKER WHO IS DEDICATED TO ENSURING THAT THE SPECIAL EDUCATION TEAM CONSISTENTLY MEETS AND EXCEEDS THEIR PROGRAM GOALS.
IN ADDITION TO BEING A TENACIOUS AND DETAIL ORIENTED TEAM MEMBER, RUBY IS SUPER CREATIVE AND BRINGS A SENSE OF HUMOR TO THE TEAM AND WORK ENVIRONMENT AND IT'S A JOY TO WORK WITH RUBY EACH DAY.
ANNA PETERSEN, SPEECH LANGUAGE PATHOLOGIST WITHIN THE SPECIAL EDUCATION DEPARTMENT, SAID SHE ALWAYS GOES THE EXTRA MILE TO MAKE SURE WE GET THE SUPPLIES WE NEED TO TO WORK WITH OUR STUDENTS.
AS WITH ALL OUR EMPLOYEES OF THE MONTH, WE ACKNOWLEDGE RUBY FOR HER OUTSTANDING SKILLS AND ACCOMPLISHMENTS ON THE JOB, DEDICATION TO EXCEPTIONAL SERVICE TO CUSTOMERS, CONTRIBUTIONS OUTSIDE THE USUAL SCOPE OF THE JOB, AND OVERALL COMMITMENT TO EXCELLENCE.
TO SHOW OUR APPRECIATION, RUBY WILL RECEIVE A PLAQUE RECOGNIZING HER CONTRIBUTIONS TO THE SCCOE A CROSS PEN ENGRAVED WITH HER NAME AND A RESERVED PARKING SPACE.
WE GREATLY APPRECIATE YOU AND ALL THAT YOU DO.
I WOULD LIKE NOW TO MOVE ON TO PUBLIC COMMENT.
[4. PUBLIC COMMENTS OF PERSONS DESIRING TO ADDRESS THE SANTA CLARA COUNTY BOARD OF EDUCATION]
THANK YOU, TRUSTEES, FOR YOUR FLEXIBILITY IN MOVING AROUND THE BEGINNING OF OUR AGENDA.MEMBERS OF THE PUBLIC WHO WISH TO ADDRESS THE BOARD ON A TOPIC NOT LISTED ON THIS AGENDA AND WITHIN THE SUBJECT MATTER JURISDICTION OF THE COUNTY BOARD OF EDUCATION SHOULD HAVE THEIR HAND RAISED AT THIS TIME TO BE HEARD.
HANDS MUST BE RAISED BY THE TIME PUBLIC COMMENT BEGINS.
ONE PUBLIC COMMENT PER ITEM IS ALLOWED.
MODERATOR DO WE HAVE ANY PUBLIC COMMENT? YES, WE HAVE SIX PUBLIC COMMENTERS AT THIS TIME.
OKAY. IF WE HAVE SIX, THEN I WOULD LIKE US TO PRESENT THE TWO MINUTE TIMER, PLEASE.
PRESIDENT CHON IT JUST WENT UP TO EIGHT PUBLIC COMMENTERS.
THAT'S FINE. WE CAN STILL CONTINUE WITH 2 MINUTES.
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PASSE, AND JORGE ARELLENO .YOUR MICROPHONE WILL BE UNMUTED.
YOU WILL HAVE 2 MINUTES TO SPEAK.
THE TIMER WILL START ONCE YOU BEGIN SPEAKING.
COMMENTS EXTENDING PAST THE TIME ALLOTTED WILL BE MUTED AFTER TIME EXPIRES.
PLEASE CLEARLY STATE YOUR NAME AND BEGIN YOUR PUBLIC COMMENT.
ARE YOU ABLE TO HEAR ME? YES. YOU MAY BEGIN.
SURE. THIS IS SEAN [INAUDIBLE] AND I AM THE CO-CHAIR OF DENALI SUMMIT, DENALI PARENT ORGANIZATION.
IN THE MIDDLE SCHOOL, I HAVE TWO DAUGHTERS GOING TO GRADE SIX AND EIGHT.
SO WE JUST WANTED TO SHARE OUR GREAT EXPERIENCE WITH SUMMIT DENALI.
BUT RECENTLY, WE HEARD A VERY SAD NEWS THAT DUE TO THE LACK OF LCFF ON THE SB 740 FUNDING SUMMIT DENALI IS PLANNING TO CLOSE THE SCHOOL FACILITY AFTER THIS ACADEMIC YEAR.
SO WE JUST WANTED TO REPRESENT THE PARENTS ORGANIZATION HERE SHARING OUR GREAT EXPERIENCE.
SUMMIT HAS BEEN A GREAT DIVERSE ENVIRONMENT.
WE I JUST MOVED FROM INDIA LAST YEAR AND I SPENT FIVE MONTHS IN THE PUBLIC SCHOOL SYSTEM AND I THOUGHT THAT MY KIDS MAY BE NEEDING A DIFFERENT EDUCATION SYSTEM BECAUSE MY ELDER ONE HAS SOME SPECIAL NEEDS.
SO WHEN I WENT TO SUMMIT AND I COULD SEE THAT THEY HAD SOME SPECIAL PROGRAMS AND THEY WERE ABLE TO HELP, AND EVEN NOW THE ENTIRE PROGRAMS SURROUND HELPING KIDS GET EXPOSURE TOWARDS VOCATIONAL CAREER OPPORTUNITIES AFTER THE SCHOOL LIFE IS AN AWESOME THING THEY HAVE GOT, WHICH IS CALLED EXPEDITIONS.
SO I THINK WE HAVE GOT SOME [INAUDIBLE] PARENTS PUT TOGETHER, WHICH IS FIVE PERCENTAGE OF THE POPULATION OF THE ENTIRE SANTA CLARA COUNTY AND CHARTER SCHOOL POPULATION.
SO WE WANT THE SCHOOL BOARD TO SERIOUSLY CONSIDER WHATEVER ASSISTANCE YOU CAN PROVIDE.
WE DON'T KNOW THE NITTY GRITTY OF THE DETAILS BEHIND THIS LCFF AND SB [INAUDIBLE] FOR THE ISSUES, BUT WE WANTED YOU TO SERIOUSLY CONSIDER ALL THE 670 PARENTS WHO ARE GOING THROUGH OUR KIDS IN THE MIDDLE SCHOOL AND HIGH SCHOOL TO HELP US OUT BY PROVIDING SOME SUPPORT.
THANKS A LOT, TRUSTEES AND EVERYBODY, FOR THE OPPORTUNITY.
OUR NEXT PUBLIC COMMENTER IS SARAH.
HAPPY NEW YEAR. I'M SARAH GIANOCARO OCCUPATIONAL THERAPIST AND SEIU CHAPTER PRESIDENT.
SEIU WELCOMES THE NEW YEAR WITH A NEW TENTATIVE AGREEMENT SIGNED LAST FRIDAY NIGHT.
WE EXPECT OUR MEMBERS WILL RATIFY THE AGREEMENT AND ARE GRATEFUL FOR THE SUBSTANTIAL BOOST IN SALARY AND BENEFITS THAT OUR MEMBERS WILL RECEIVE AS COE FINALLY MOVES TOWARDS ENSURING OUR STAFF ARE APPROPRIATELY COMPENSATED FOR THE INCREDIBLE WORK THEY DO FOR OUR STUDENTS AND OUR COMMUNITY.
BECAUSE A STUDENT HAS AN INTELLECTUAL DISABILITY AND NO VERBAL COMMUNICATION SKILLS, DESPITE RECOGNIZING A PICTURE OF THE CUFFS AND POINTING TO THEIR WRISTS, THE STUDENT IS NOT CONSIDERED A CREDIBLE WITNESS AND BOTH THE POLICE AND SCOE ARE UNABLE TO DO ANYTHING.
THE INDIVIDUAL NOW WORKS FOR ANOTHER SCHOOL AND INTENDS TO BECOME A TEACHER.
THEY COULD BE AT MY CHILD'S SCHOOL OR ANY SCHOOL IN OUR COMMUNITY.
THAT THEY WOULD NOT HAVE HAD OPPORTUNITY IF WE HAD HIGHER STAFFING IN OUR SPECIAL EDUCATION PROGRAMS AND FOLLOWED THE DIRECTIVES GIVEN IN 2015 AFTER THE ARREST AND SUBSEQUENT CONVICTION OF ANOTHER COE STAFF MEMBER FOR INAPPROPRIATE BEHAVIOR.
WELL, THIS IS NOT A COMMON OCCURRENCE.
THIS ISN'T JUST A SEIU ISSUE OR EVEN A COE ISSUE.
WE ASK THE BOARD AND SUPERINTENDENT TO PRIORITIZE STUDENT AND STAFF SAFETY AND ADDRESS THE STAFFING IN OUR SPECIAL EDUCATION CLASSROOMS. THANK YOU. OUR NEXT PUBLIC COMMENTER IS BEAU.
BEAU YOUR MICROPHONE WILL BE UNMUTED.
I'M THE PARENT OF THREE STUDENTS OF SUMMIT DENALI, TWO OF WHOM HAVE GRADUATED AND GONE ON TO ONE IS A HUMANITIES MAJOR AT UC DAVIS, THE OTHER AN ENGINEERING MAJOR AT UCLA.
AND I HAVE A REMAINING CHILD AS A JUNIOR IN THE HIGH SCHOOL AT SUMMIT DENALI.
WE'VE HAD A FANTASTIC EXPERIENCE THERE, DESPITE A LOT OF TURMOIL IN FINDING LOCATIONS.
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ON THE SANTA LISA AREA.AND I'VE BEEN VERY HAPPY THERE.
I WENT TO THE SUNNYVALE CITY BOARD MEETINGS TO LOBBY FOR THE OPENING OF THE SCHOOL DESPITE SOME NEIGHBORHOOD OPPOSITION TO THAT, I THINK IN THE END THE NEIGHBORS ARE VERY HAPPY AND MY KIDS ARE ABLE TO WALK THERE TO SCHOOL AND BACK.
AND SADLY, ABRUPTLY AND TRAGICALLY, THE SCHOOL HAS ANNOUNCED CLOSING WITHOUT ANY RAMP DOWN.
AND SO MY FINAL CHILD, WHO'S FACING HER SENIOR YEAR, WILL HAVE A VERY DISRUPTIVE SENIOR YEAR AS WE TRY TO FIND PLACEMENT FOR HER, WHICH MAY ENTAIL LONG COMMUTES, BUT INEVITABLY A NEW LEARNING EXPERIENCE.
SO I IMPLORE THE COUNTY TO DO WHATEVER YOU CAN TO AT LEAST FIND A BETTER TRANSITION PLAN THAN THE SUDDEN AND ABRUPT CLOSURE OF SUMMIT DENALI. AND I THANK YOU FOR ALL YOUR SERVICE AND REALLY APPRECIATE EVERYTHING YOU DO.
THAT'S ALL. OUR NEXT PUBLIC COMMENTER IS HEATHER.
HEATHER, YOUR MICROPHONE HAS BEEN UNMUTED.
AS WE BEGIN THE GREAT KINDNESS CHALLENGE ON MONDAY, THE 23RD I'D KINDLY LIKE TO INVITE DR.
WE CAN MEET THE NEEDS OF BOTH SEPARATE PROGRAMS ON THIS LAND SPACE, AND THE CURRENT HEAD START PLAN WAS DEVELOPED WITHOUT ANY INPUT FROM THE GATEWAY STAFF.
GATEWAY STAFF WAS INFORMED VERY ABRUPTLY THAT THEY'RE GOING TO LOSE ALL OF THEIR FIELD LAND RESOURCES, AND THE FOOTPRINT IS PRECISELY PLACED IN THE MIDDLE USING A VERY BAD PORTION OF THE LAND AND LEAVING LOTS OF LAND UNUSED .
WITH A BETTER USE OF THE AVAILABLE SPACE THERE'S ENOUGH LAND TO ACCOMMODATE THE NEW GLENVIEW HEAD START AND MAINTAIN FIELD SPACE FOR GATEWAY THERE'S SPACE FOR BOTH A PARENT DROP OFF AND A SEPARATE BUSSING AREA.
SO PLEASE KINDLY CONSIDER OUR PLEAS AS YOUR ACT OF KINDNESS TOWARDS US AT GATEWAY.
I'M BEGGING YOU TO ALLOW US TO PRESERVE SOME SPACE FOR GATEWAY STUDENTS.
BEGGING YOU, PLEASE, AND HAVE A WONDERFUL NEW YEAR.
THANK YOU VERY MUCH FOR YOUR TIME.
OUR NEXT PUBLIC COMMENTER IS JORGE.
GOOD EVENING, SUPERINTENDENT DEWAN, BOARD PRESIDENT CHON AND TRUSTEES OF THE BOARD.
MY NAME IS JORGE ARELLENO AND I'M THE DIRECTOR OF COMMUNITY ENGAGEMENT AT ALPHA PUBLIC SCHOOLS.
I GRADUATED FROM COUNTY ALTERNATIVE EDUCATION MANY MOONS AGO.
THAT WAS ACTUALLY FORTUNATE TO RETURN AND TEACH ALONGSIDE MY OLD TEACHERS IN THE COURT SCHOOLS.
I'VE SINCE BEEN PRIVILEGED TO TEACH AND LEAD IN EAST SAN JOSE, THE COMMUNITY WHERE I GREW UP IN.
TWO OUT OF THE FOUR SCHOOLS IN THE NETWORK THAT I WORK ON ARE AUTHORIZED BY YOUR BOARD.
THANK YOU AGAIN AND CONGRATULATIONS.
HAVE A GOOD NIGHT. OUR NEXT FIVE PUBLIC COMMENTERS ARE JONATHAN BASS, ANNA L.
WILLIAMS, LEI MULRETTI, PARTHU [INAUDIBLE].
PRESIDENT CHON WE HAVE AN ADDITIONAL HAND RAISE FOR SIX ADDITIONAL SPEAKERS, AND THE LAST ONE IS RESHMA AN ADDITIONAL HAND FOR LESLIE SO THAT'S SEVEN ADDITIONAL PUBLIC SPEAKERS.
OK. YOUR MICROPHONE WILL BE UNMUTED.
YOU WILL HAVE 2 MINUTES TO SPEAK.
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THE TIMER WILL START ONCE YOU BEGINS SPEAKING.COMMENTS EXTENDING PAST THE TIME ALLOTTED WILL BE MUTED AFTER TIME EXPIRES.
PLEASE CLEARLY STATE YOUR NAME AND BEGIN YOUR PUBLIC COMMENT.
GOOD EVENING BOARD MEMBERS AND DR.
DEWAN. GOOD EVENING, BOARD MEMBERS AND DR.
DEWAN. MY NAME IS JONATHAN BASS AND I'M A COMMUNITY MEMBER OF GILROY.
I'M SPEAKING TONIGHT TO ASK THE TRUSTEES TO ASK DR.
DEWAN AND THE COUNTY OFFICE OF EDUCATION TO PLEASE REDRAW THE PLANS FOR GLENVIEW HEAD START.
I DID SEND ALL OF THE BOARD MEMBERS AN EMAIL A COUPLE OF DAYS AGO WITH THE MESSAGE OR WITH THE TOPIC RE SENDING WITH COMPLETE MESSAGE, SAVE GATEWAY SCHOOLS PLAYGROUND.
AND AS IT IS, IF THEY GO INTO THE GLENVIEW PLAYGROUND, THEY DON'T HAVE THAT PROPER CONTAINMENT.
ANOTHER CONCERN WHICH WASN'T IN THE MESSAGE IS AROUND PARKING.
I'M A MIDDLE SCHOOL TEACHER RIGHT NOW AT SOUTH VALLEY MIDDLE SCHOOL IN GILROY, AND WE HAD A PARKING SITUATION VERY SIMILAR TO WHAT I UNDERSTAND THE PARKING PLAN IS FOR GATEWAY SCHOOL AND WHAT A NIGHTMARE IT HAS BEEN FOR YEARS AT SOUTH VALLEY MIDDLE SCHOOL.
IT HALTS TRAFFIC AND IS VERY DISRUPTIVE TO THE LOCAL RESIDENTS.
AS HEATHER SAID, WITH INPUT FROM THE GATEWAY STAFF.
SO I HOPE YOU WILL TAKE THIS REQUEST SERIOUSLY AND THANK YOU FOR THE TIME.
I'M DONE. OUR NEXT PUBLIC COMMENTER IS ANNA.
YOU MAY BEGIN. HELLO, EVERYONE.
THANK YOU VERY MUCH FOR LISTENING.
I ALSO WANTED TO ASK YOU TO KEEP SUMMIT DENALI OPEN.
MY SON JOINED SUMMIT DENALI IN SEVENTH GRADE THIS YEAR, AND THIS SCHOOL HAS BEEN AMAZING.
HE HAS BEEN THROUGH FIVE SCHOOLS PRIOR TO THAT.
NONE OF THEM WORKED FOR HIM, AND THIS ONE IS WORKING.
SO WHEN I SAY IT'S AMAZING SCHOOL, I'M SPEAKING FROM EXPERIENCE.
MY SON HAS SOME SPECIFIC NEEDS.
HIS MENTOR TEACHER IS SO SUPPORTIVE.
THE WHOLE ORGANIZATION OF THE CURRICULUM AND METHODOLOGY IS TOTALLY AMAZING.
MY SON IS VERY SENSITIVE AND HE HAD BULLYING ISSUES IN PRIOR SCHOOLS.
HE DID NOT HAVE THAT IN SUMMIT, DESPITE BEING BIGGER SCHOOL THAN HE HAD IN THE PAST.
THE TEACHERS ARE HANDLING ALL THE SOCIAL SITUATIONS AMAZINGLY.
THEY'RE LIKE BRINGING THE BEST VALUES TO THE KIDS THROUGH THE METHODS THEY APPLY.
AND IN THEIR DAY TO DAY APPROACH, THEY ARE RAISING THE AMAZING MEMBERS OF COMMUNITY.
SO PLEASE, PLEASE LET THEM BE.
THE SCHOOL HAS A GREAT DIVERSITY.
WE HAVE A LOT OF SPECTRUM FROM DIFFERENT ETHNICITIES, DIFFERENT LEVELS OF INCOME.
AND DANIEL, MY SON, HAS MADE FRIENDS THROUGHOUT ALL OF THEM.
IT'S A GREAT COMMUNITY OF PARENTS, AS YOU WILL LIKE.
WE WERE TOLD THAT IT'S LACK OF FCFF AND SB 740 FUNDING THAT MADE IT.
PLEASE CONSIDER HELPING OUR SCHOOL.
THANK YOU VERY MUCH FOR THE OPPORTUNITY TO SPEAK.
OUR NEXT PUBLIC COMMENTER IS ELLE WILLIAMS. YOU MAY BEGIN. HI, THANK YOU.
I'M ALSO A DENALI PARENT, AND I HAVE HEARD THAT THIS WHOLE AREA OF NORTH SUNNYVALE IS UNDERSERVED.
SO THIS HIGH SCHOOL IS VERY MUCH NEEDED.
AND ALSO COMPARED TO A LOT OF THE OTHER SCHOOLS, AS SUNNYVALE HAS BECOME MORE GENTRIFIED, THE SCHOOL POPULATION HAS BECOME LESS AND LESS DIVERSE, AND DENALI HAS BEEN ABLE TO MAINTAIN A HIGHER DEGREE OF DIVERSITY, WHICH IS REALLY VALUABLE.
THEIR KIDS HAVE HAD DIFFICULTY IN THEIR LOCAL SCHOOLS AND THEY'VE THRIVED HERE.
SO THIS IS JUST A WONDERFUL SCHOOL FOR KIDS THAT NEED MORE SUPPORT.
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AND THERE'S JUST A WONDERFUL SENSE OF COMMUNITY AND A LOT OF ACADEMIC SUPPORT.THIS IS A MORE COLLABORATIVE, CARING, SUPPORTIVE SCHOOL WITH A SENSE OF COMMUNITY, AND THAT'S VITAL FOR TEENAGERS GOING THROUGH THIS DIFFICULT ADOLESCENT PERIOD AND WITH ALL THE STRESSES OF GETTING INTO COLLEGE.
THANK YOU. OUR NEXT PUBLIC COMMENTER IS LEI MULRETTI.
YOU MAY BEGIN. LEI YOUR MICROPHONE HAS BEEN UNMUTED. YOU MAY BEGIN.
YOUR MICROPHONE HAS BEEN UNMUTED.
YOU MAY BEGIN. WE WILL COME BACK TO YOU.
OUR NEXT PUBLIC COMMENTARY IS [INAUDIBLE].
ARE YOU WITH US? OKAY, WE WILL MOVE ON AND COME BACK.
YOUR MICROPHONE HAS BEEN UNMUTED.
YOU MAY BEGIN. THANK YOU FOR THE OPPORTUNITY.
SO I'M ONE OF THE PARENTS OF THE JUNIOR STUDENT AT DENALI.
AND I JUST WANTED TO SHARE MY PERSONAL EXPERIENCE, WHAT WE WENT THROUGH AS A FAMILY.
AND I REALLY APPRECIATE DENALI IS AN ALTERNATIVE METHOD OF TEACHING AND EDUCATION, ESPECIALLY WITH THE MENTOR, THE TECHNOLOGY BASED LEARNING, SELF-PACED LEARNING.
THIS IS A TOTALLY DIFFERENT APPROACH.
AND MY SON HAS THRIVED IN THIS ENVIRONMENT.
SO I JUST WANTED TO VOICE MINE TO GET YOUR SUPPORT AND DO WHATEVER IS POSSIBLE TO KEEP THE SCHOOL IN THIS KIND OF ENVIRONMENT. AND AS MENTIONED BEFORE, THE MENTAL HEALTH ISSUES THAT MOST OF THE KIDS ARE FACING NOWADAYS.
AND I TRULY WANT TO BELIEVE THAT YOU CAN DO SOMETHING TO GET THIS SCHOOL GOING AND IT WILL BE BETTER FOR YOU. THANK YOU.
OUR NEXT PUBLIC COMMENTER IS RESHMA.
I AM ALSO A PARENT OF A STUDENT WHO IS IN THE SUMMIT DENALI MIDDLE SCHOOL.
I CANNOT STRESS HOW TRAGIC THIS LOSS IS IF THE SCHOOL DOES CLOSE FOR LACK OF FUNDING, IF LACK OF MONEY IS CLOSING THE SCHOOL DOWN, THAT IS ABSOLUTELY TRAGIC. AND I IMPLORE THE BOARD TO DO EVERYTHING IN THEIR POWER TO PLEASE KEEP THE SCHOOL OPEN.
IT OFFERS AN OPTION WHICH TRADITIONAL HIGH SCHOOLS OR MIDDLE SCHOOLS DON'T OFFER.
AND I'M SPEAKING FROM EXPERIENCE AGAIN.
MY SON WENT TO CHERRY CHASE, WHICH IS A DISTINGUISHED CALIFORNIA SCHOOL.
SUMMIT DENALI HAS BEEN A BLESSING, A LIFESAVER, AND MY SON WANTS TO GO TO SCHOOL EVERY DAY.
HE IS WELCOME TO BRING HIS WHOLE SELF TO SCHOOL AND NOT FEEL ASHAMED, NOT FEEL BULLIED.
AND AGAIN, I IMPLORE THE BOARD TO DO EVERYTHING IN THEIR POWER TO PLEASE KEEP THE SCHOOL OPEN.
THIS IS A TRAGIC LOSS FOR THE COMMUNITY AND THOSE 600 KIDS.
THANK YOU. OUR NEXT PUBLIC COMMENTER IS LESLIE.
LESLIE, YOUR MICROPHONE HAS BEEN UNMUTED.
YOU MAY BEGIN. SORRY ABOUT THAT.
I'M LESLIE TAYLOR AND I'M ANOTHER SUMMIT PARENT.
I HAVE THREE CHILDREN WHO HAVE GONE THROUGH SUMMIT.
AND WHEN I FIRST ATTENDED, OR STARTED SUMMIT MY ELDEST WAS IN AND IT WAS JUST MY ELDEST HAD BEEN IN MIDDLE SCHOOL AND IT WAS JUST A COUPLE OF YEARS BEFORE THE END OF THE SCHOOL YEAR.
AND WE WERE TOLD THAT HE WOULD FAIL IN HIGH SCHOOL.
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SO WITHIN A COUPLE OF MONTHS, WE HAD TO FIND ANOTHER SOLUTION FOR HIM.AND IT WAS VERY EMOTIONAL, AS I'M SURE YOU CAN IMAGINE.
BUT HE FOUND A PLACE AT SUMMIT, AND HE DID REALLY DID REALLY WELL THERE.
AND IT WASN'T ACADEMICALLY A SMOOTH SAILING.
BUT NOW HE'S GRADUATED FROM SUMMIT.
HE'S NOW IN [INAUDIBLE] COLLEGE AND HE'S PLANNING ON TRANSFERRING NEXT YEAR.
BUT IT JUST WASN'T THE KIND OF EDUCATIONAL ENVIRONMENT THAT HE NEEDED.
AND SO WHAT I'M ASKING YOUR HELP FOR TODAY IS TO HELP US WITH FUNDING.
WE CURRENTLY HAVE $4,000 PER STUDENT LESS PER YEAR.
THIS IS GREATLY HIGHER THAN OTHER PEOPLE IN OUR HIGH SCHOOL DISTRICT.
OUR LAST TWO PUBLIC SPEAKERS ARE NAMISHA AND LEE.
YOUR MICROPHONE WILL BE UNMUTED.
YOU WILL HAVE 2 MINUTES TO SPEAK.
THE TIMER WILL START ONCE YOU BEGIN SPEAKING.
COMMENTS EXTENDING PAST THE TIME ALLOTTED WILL BE UNMUTED AFTER TIME EXPIRES.
PLEASE CLEARLY STATE YOUR NAME AND BEGIN YOUR COMMENT NAMISHA, YOU MAY BEGIN.
HI, MY NAME IS NAMSHA AND I'M A PARENT OF A SIXTH GRADER AT SUMMIT DENALI MIDDLE SCHOOL.
MY SON IS ENJOYING THE SCHOOL AND THE TEACHERS ARE AMAZING AND HE HAS MADE MULTIPLE FRIENDS.
AND SO FAR THE EXPERIENCE HAS BEEN GREAT.
IN HIS PRIOR SCHOOL, HE WAS HAVING DIFFICULTY.
HE HAS BEEN BULLIED MULTIPLE TIMES AND HE WASN'T BEING CHALLENGED AND THRIVING.
SO THE DENALI EXPERIENCE HAS BEEN GREAT SO FAR.
AS YOU HEAR THAT, WE WERE NOTIFIED LAST WEEK THAT THE SCHOOL IS CLOSING AT THE END OF THE SCHOOL YEAR AND THIS DECISION HAS IMPACTED AND DEVASTATED 600 PLUS CURRENT FAMILIES IN SCHOOL COMMUNITY, AND NOT TO MENTION MANY MORE PROSPECTIVE FAMILIES, AS I ALSO HAVE A THIRD GRADER AND HER FRIENDS. AND WE'RE ALSO PLANNING THEY WERE PLANNING TO ATTEND SOME OF DENALI.
EVERYONE'S DREAM HAS BEEN CRUSHED.
AFTER CAREFUL CONSIDERATION, WE SELECTED SUMMIT DENALI SCHOOL FOR ITS UNIQUE PROGRAM OFFERINGS, SUCH AS PROJECT BASED LEARNING, SMALL SCHOOL COMMUNITY STUDENTS LEARN AT THEIR OWN PACE, PROVIDES EXCELLENT RESOURCE FOR LEARNING, GOOD DIVERSITY IS CLOSE TO OUR NEIGHBORHOOD, AND IT'S A PUBLIC SCHOOL.
THERE ISN'T ANY OTHER SCHOOL IN OUR NEIGHBORHOOD THAT OFFERED THESE CHOICES.
YOUR MICROPHONE HAS BEEN UNMUTED.
LEAH, YOUR MICROPHONE HAS BEEN UNMUTED.
YOU MAY BEGIN. CAN YOU HEAR ME NOW? YES. OH, WONDERFUL.
MY NAME IS LEAH MULRETTI, AND I HAVE THREE THINGS THAT I'D LIKE TO QUICKLY ADDRESS.
ONE, MY SON IS A SIXTH GRADER.
WE DRIVE A DISTANCE TO GET TO DENALI.
MY SON WAS RELENTLESSLY BULLIED AT HIS PREVIOUS SCHOOL THROUGH ELEMENTARY SCHOOL, AND WE WERE ADVISED BY HIS THERAPIST AND PSYCHIATRIST TO FIND A SCHOOL WHERE HE COULD BE SAFE.
WE FOUND SUMMIT DENALI, AND IT HAS BEEN A LIFESAVER FOR HIM.
HE IS ALSO, IN ADDITION TO BEING EMOTIONALLY DISABLED, HE AN IEP.
THERE'S EMOTIONAL DISABILITY AND HIS ACADEMIC DISABILITY.
THEIR IEP PROGRAM IS INCREDIBLE AND HE HAS BEEN ABLE TO THRIVE ACADEMICALLY.
[00:40:04]
END UP GOING TO THEIR NEIGHBORHOOD SCHOOLS WHERE THEY WOULD NOT THRIVE AND THEY HAVE LOWER COLLEGE ENTRANCE PARDON ME, ENTRANCE NUMBERS. THE NEXT THING IS, PLEASE, WE IMPLORE YOU TO DO WHAT IT NEEDS TO BE DONE TO RELEASE THE FUNDS TO SAVE OUR SCHOOL. THANK YOU SO MUCH FOR YOUR TIME.PRESIDENT CHON WE HAVE TWO HANDS THAT WERE RAISED WITHIN THE LAST FEW MINUTES.
NOW WE CAN GO AHEAD AND TAKE THOSE, BUT THOSE WILL BE THE FINAL TWO.
THANK YOU. OUR NEXT TWO PUBLIC SPEAKERS ARE NEILA AND NANCY.
NEILA, YOUR MICROPHONE WILL BE UNMUTED.
YOU MAY BEGIN. I REALLY LIKE THIS SCHOOL AND THEY'VE BEEN GIVING ME REALLY FUN.
LIKE IT'S BEEN REALLY FUN TO STUDY.
THEY ACTUALLY MAKE LEARNING FUN AND THEY GIVE LIKE A LOT OF DETAILS ON EVERY INFORMATION.
SO WE KNOW WHAT WE'RE DOING AND THEY HAVE SUMMIT PLATFORM WHICH IS VERY LIKE FUN.
AND THE SCHOOL HAS BEEN GREAT AND IT WILL REALLY HELP ME IN THE FUTURE BY TEACHING ME ABOUT SELF-DIRECTED LEARNING MORE ABOUT MATHS AND THIS.
AT FIRST I WAS REALLY NERVOUS, BUT THEN NOW IT'S VERY FUN AND SO IT WOULD BE REALLY GREAT IF YOU'D LIKE, GIVE FUNDS TO OUR SCHOOL TO SAVE OUR SCHOOL SO WE CAN HAVE A MORE BEAUTIFUL AND ACADEMIC YEAR NEXT YEAR.
THANK YOU. OUR LAST PUBLIC COMMENTER IS NANCY.
NANCY YOUR MICROPHONE HAS BEEN UNMUTED.
MY NAME IS NANCY. MY SON IS IN 10TH GRADE AT DENALI.
WE STARTED SCHOOL WITH DENALI FROM THE BEGINNING OF MIDDLE SCHOOL.
THIS ONE. WE'RE ON OUR FIFTH SCHOOL.
IT IS COMPLETELY IMPOSSIBLE FOR ME TO WORK AND TAKE HIM TO ANOTHER SUMMIT SCHOOL.
I LITERALLY DROVE AN HOUR TO GET TO ONE OF THEM.
WE TRIED TO LOOK AT PUBLIC TRANSPORTATION.
IT WOULD HAVE TOOK TWO BUSSES AND HALF AN HOUR OF WALKING.
HE WOULD LITERALLY HAVE TO LEAVE THE HOUSE AT 6:00 OR 6:30 IN THE MORNING.
IT'S IMPOSSIBLE TO LOOK AT ALTERNATIVES BECAUSE WE TRIED THEM FROM PRIVATE, TO PUBLIC AND ALL OVER THE PLACE.
IT TOOK HIM A COUPLE OF YEARS, BUT HE'S AN ALMOST A STRAIGHT-A STUDENT.
IT WOULD JUST KILL ME IF HE REGRESSED BECAUSE OF THIS CLOSURE.
AND I WOULD REALLY APPRECIATE IF THERE'S ANYTHING YOU CAN DO.
THANK YOU. THAT CONCLUDES OUR PUBLIC COMMENTS AT THIS TIME.
THANK YOU. AND THAT CONCLUDES PUBLIC COMMENT.
NOW ONTO AGENDA ITEM NUMBER FIVE, ACTION ITEMS.
[5. ACTION ITEMS]
OUR NEXT AGENDA ITEMS ARE ACTION ITEMS. DR. DEWAN. PLEASE INTRODUCE THE FIRST ITEM.DEWAN. GOOD EVENING, PRESIDENT CHON DR.
THE ARTS, MUSIC AND INSTRUCTIONAL MATERIALS DISCRETIONARY BLOCK GRANT PROVIDES SUPPORT FOR CORE ACADEMIC PROGRAMING, INCLUDING MUSIC AND ART, IMPROVEMENTS TO SCHOOL CLIMATE, BOOK COLLECTIONS AND OTHER SUPPLIES.
TONIGHT, DIRECTOR OF SPECIAL EDUCATION, DR.
[00:45:04]
NEXT SLIDE, PLEASE.OPERATIONAL COSTS FOR PROGRAMS OR COVID 19 SUPPLIES AND UPGRADES.
NEXT SLIDE. THE ARTS, MUSIC AND INSTRUCTIONAL MATERIALS.
THE ESTIMATED VALUE OF THE ONE TIME FUNDING GRANT FOR THE SANTA CLARA COUNTY OFFICE OF EDUCATION IS IN THE AMOUNT OF $618,592 TO BE USED THROUGH 2026.
NEXT SLIDE. THE ALTERNATIVE EDUCATION DEPARTMENT INTENDS TO USE OUR PORTION OF THIS GRANT TO CONTINUE TO BUILD OUT OUR CULTURALLY RELEVANT CATALOG OF BOOKS AND OTHER MEDIA IN OUR LIBRARIES WITH A FOCUS ON MATERIALS RELATED TO CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE.
WE ARE ALSO PURCHASING SCIENCE KITS THAT FOCUS ON ENVIRONMENTAL LEARNING AND EXPERIMENTATION.
NEXT SLIDE. THE SPECIAL EDUCATION PROGRAM WILL ALLOCATE FUNDING TO SUPPORT THE MUSICAL ME CONTRACT THROUGH 2026. THIS PROGRAM PROVIDES SUPPLEMENTAL MUSIC INSTRUCTION AND ENRICHMENT FOR STUDENTS.
THE [INAUDIBLE] SCHOOL WILL ALLOCATE FUNDING TO PROVIDE SUPPLEMENTAL MATERIALS FOR CLASSROOM INSTRUCTION TO INCLUDE MOBILE MUSIC STATIONS, LIBRARY, ART SUPPLIES, AND SCIENCE KITS FOCUSED ON ENVIRONMENTAL LITERACY AND EXPERIMENTATION.
ART SUPPLIES AND ACADEMIC CORE SUPPLEMENTAL MATERIALS.
FUNDS WILL ALSO BE USED FOR THE SOON TO BE ADDED CODING CLASS, AND WE WILL ALSO PURCHASE SOCIAL AND EMOTIONAL LEARNING MATERIALS IN SCIENCE KITS FOCUSED ON ENVIRONMENTAL LITERACY AND EXPERIMENTATION.
NEXT SLIDE. NEXT STEPS FOR THE ART, MUSIC AND INSTRUCTIONAL MATERIALS DISCRETIONARY BLOCK GRANT INCLUDE APPROVAL OF THE EXPENDITURE PLAN BY THE SANTA CLARA COUNTY BOARD OF EDUCATION.
PROGRAMING WILL BEGIN IN FEBRUARY AND BE OFFERED THROUGH 2026.
NEXT SLIDE. THAT CONCLUDES OUR PRESENTATION AND WE ARE HAPPY TO ANSWER ANY QUESTIONS AT THIS TIME.
TRUSTEES ARE THERE ANY QUESTIONS? TRUSTEE MAH. AND THANK YOU, PRESIDENT CHON.
I JUST HAVE A FEW QUESTIONS IN BETWEEN AND AROUND IT ABOUT WHAT IS THE CODING CLASS.
WE HAVE WE ACTUALLY HAVE THREE THINGS IN MIND RIGHT NOW.
THE SECOND IS TO USE THE PYTHON CODE, WHICH IS USED QUITE EXTENSIVELY THROUGH VIDEO GAMES TO HELP KIDS WITH ANIMATION AND KIND OF CREATE FUN PROJECTS THAT SHOW THEM WHAT GOES INTO COMPUTER ANIMATION WORK.
AND THEN THE THIRD IS TO IS TO USE CODING TO HELP US WITH 3D PRINTING AND THE ACTUAL BUILDING OF TOOLS WE NEED FOR OUR OWN GARDENS AND AQUAPONICS PROJECTS HERE.
SO I GUESS I'M SLIGHTLY WONDERING HOW THE CODING AND SOFTWARE RELATES TO ART AND MUSIC.
WELL, ONE OF THE. OH I'M SORRY, DR.
[00:50:09]
SCIENTIFIC EXPERIMENTATION PROJECTS AND INTO INCREASING OUR FOOTPRINT IN THE AQUAPONICS WORK THAT WE'RE ALREADY DOING AT THE COMMUNITY SCHOOL, AND THE CORE SCHOOL.THANK YOU. AND I HAVE ONE MORE QUESTION, BUT MAYBE I'LL LET VICE PRESIDENT SREEKRISHNAN GO FIRST.
OKAY. I'LL COME BACK TO YOU. TRUSTEE MAH.
THANK YOU. VICE PRESIDENT SREEKRISHNAN.
THANK YOU. AND NOT A QUESTION JUST A COMMENT.
YOU KNOW, I WAS JUST FOLLOWING THIS GRANT GO THROUGH THE STATE BUDGET PROCESS, AND I LEARNED ABOUT MANY ADVOCATES FIGHTING FOR ENVIRONMENTAL LITERACY TO BE AN ALLOWABLE USE.
AND IT WAS ACTUALLY IN THE LANGUAGE, THEN OUT OF THE LANGUAGE, AND IN THE LANGUAGE.
SO THEY REALLY FOUGHT HARD FOR THAT.
AND SO I WAS JUST EXCITED TO SEE THAT BE SUCH A PRIORITY FOR THIS, FOR THE FUNDING FOR OUR OFFICE.
THANK YOU, VICE PRESIDENT SREEKRISHNAN.
AND I KNOW I HAD SUBMITTED SOME OF THE QUESTIONS AHEAD OF TIME, BUT THE QUESTION I HAD WAS IN TERMS OF THE DISTRIBUTION IN THE FIVE AREAS THAT THE GRANT ALLOWS FOR EXPENDITURES.
SURE, THANK YOU SO MUCH TRUSTEE BERTA.
WE HAVE INDIRECT COSTS THAT ALWAYS ACCOMPANY A GRANT, RIGHT? AND SO WE HAVE IN OUR TEMPLATE THAT WE PROVIDED IN BOARD DOCS, WE HAVE THE INDIRECT COST FOR EACH OF THE PROGRAMS, BUT OVERALL OPERATIONAL COSTS, WE DECIDED THE DEPARTMENTS REALLY DECIDED WITH THE FEEDBACK FROM THEIR STAFF AND STUDENTS TO FOCUS ON THE INSTRUCTIONAL MATERIALS AND THE ENHANCEMENT OF MUSIC AND ART.
WE RECEIVED THE ELO GRANT TWO YEARS AGO.
WE HAVE THE E THROUGH G GRANT, SO WE HAVE OTHER WAYS OF SUPPORTING THE OTHER FACETS THAT THIS GRANT MIGHT OFFER, BUT INSTRUCTIONAL MATERIALS AND REALLY FOCUSING ON ENVIRONMENTAL LITERACY AS WELL AS THE ARTS AND MUSIC WAS HOW THEY WANTED TO ALLOCATE THIS PARTICULAR FUNDING.
THANK YOU. THANK YOU, TRUSTEE BERTA.
AND MY OTHER QUESTION HAD TO DO WITH KIND OF THE BUDGETARY ALLOCATIONS.
AND I CAN SEE IN SOME OF THE CASES HERE THAT IT'S LISTED, FOR INSTANCE, IN ALT ED AND COMMUNITY SCHOOLS, THAT THERE'S A LOT OF MATERIALS THAT THE FUNDING WILL BE SPENT ON.
I WAS WONDERING IF YOU HAVE A BREAKDOWN OF HOW MUCH STAFF WILL BE COVERED BY THIS GRANT AS FAR AS FTE FULL TIME EQUIVALENTS OF I GUESS THERE'LL BE NEW PROGRAMS, FOR INSTANCE, IN THE SPECIAL EDUCATION INSTRUCTIONAL PROGRAM.
SO I ASSUME THAT THERE'LL BE STAFF INCLUDED THERE AND SO SALARIES OF STAFF AND WHETHER THOSE WILL BE EXISTING STAFF OR WHETHER THERE WILL BE ADDITIONAL STAFF THAT EITHER CONTRACTS OR NEW HIRES.
THANK YOU FOR THE QUESTION, TRUSTEE MAH.
OKAY, SO IT'S ONE TIME FUNDING, BUT IT IS FOR FOUR YEARS.
AND SO ALL OF THE EXISTING STAFF WE HAVE NOW WILL JUST KIND OF BE REARRANGED INTO USING THIS FUNDING THEN? IT'S WELL, THE FOCUS ON THE MATERIALS WOULDN'T REQUIRE ANY ADDITIONAL STAFFING.
IT'S MORE THE ENHANCEMENT OF WHAT'S CURRENTLY HAPPENING.
BONDURIS, THAT AS MENTIONED IN THE SLIDE DECK, THE SPECIAL EDUCATION PROGRAM IS WORKING WITH MUSICAL ME, WHICH IS A CONTRACTED AGENCY WHICH IS BRINGING IN THE MUSIC PROGRAM TO THE CLASSROOM.
THANK YOU FOR YOUR QUESTIONS, TRUSTEES.
OKAY, WELL, IF THERE'S NO MORE QUESTIONS, I WILL GO FOR.
SO MOVED. I'LL TAKE THAT FROM TRUSTEE MAH AND TRUSTEE LARI.
DID YOU TRY TO? SECOND. OK YOU WILL SECOND. OKAY.
THANK YOU. SO MOVE BY TRUSTEE MAH AND SECONDED BY TRUSTEE LARI.
TRUSTEES LET ME KNOW IF YOU NEED A VERBAL.
[00:55:02]
AND THAT IS A YEA.DEWAN, CAN YOU PLEASE INTRODUCE THE NEXT ACTION ITEM? APPROVAL OF THE BUDGET REVISIONS FOR THE MONTH OF DECEMBER 2022.
YES. THANK YOU, PRESIDENT CHON.
OUR NEXT ITEM IS THE APPROVAL OF THE BUDGET REVISIONS FOR THE MONTH OF DECEMBER 2022.
THIS EVENING, PRESENTING THIS ITEM IS OUR DIRECTOR OF INTERNAL BUSINESS SERVICES, NITI SHARMA.
AND OUR CHIEF BUSINESS OFFICIAL STEPHANIE GOMEZ IS ALSO HERE.
THANK YOU, DR. DEWAN AND GOOD EVENING FOR THE MONTH OF DECEMBER 2022 BUDGET REVISION REPORT.
I WOULD LIKE TO HIGHLIGHT THE NEW FUNDING RECEIVED FOR THE $3000 FOR THE EDUCATOR WORKFORCE INVESTMENT GRANT [INAUDIBLE] COE TO SERVE AS THE REGIONAL CO LEADER FOR IMPLEMENTATION OF SUMMER OF COMPUTER SCIENCE PROGRAM.
THAT CONCLUDES THE BUDGET REVISION REPORT FOR THE MONTH OF DECEMBER 2022.
THANK YOU. I'LL BE HAPPY TO ANSWER ANY QUESTIONS.
ALL RIGHT. THANK YOU, DIRECTOR SHARMA, FOR THAT PRESENTATION.
SO MAY I GET A MOTION FOR THE APPROVAL OF THE BUDGET REVISIONS FOR THE MONTH OF DECEMBER 2022.
MOVE TO APPROVE. THANK YOU TRUSTEE DI SALVO.
SECOND. AND A SECOND FROM TRUSTEE BERTA.
TRUSTEES, PLEASE VOTE IN BOARD DOCS.
AND THAT'S A YEA FOR ME, PLEASE.
AND A YEA FROM TRUSTEE DI SALVO.
THANK YOU. AND THE AYES HAVE IT.
[6. COUNTY BOARD OF EDUCATION MEMBER REPORTS]
MOVING ON TO COUNTY BOARD OF EDUCATION MEMBER REPORTS.IN COMPLIANCE WITH THE BROWN ACT, INFORMATION SHARED DURING COUNTY BOARD OF EDUCATION MEMBER REPORTS MUST ONLY INCLUDE THOSE ACTIVITIES SPECIFICALLY RELATED TO OUR DUTIES AS TRUSTEES OF THE SANTA CLARA COUNTY BOARD OF EDUCATION.
RIGHT NOW FOR THE LIUNA PROGRAM, WE ARE ABOUT TO START OUR NEXT WEEK ON A PROGRAM TO LEARN SKILLS AND EARN INDUSTRY RECOGNIZED CERTIFICATES IN AREAS SUCH AS HAZARDOUS MATERIALS, CONCRETE WORK, AND MANY OTHER CONSTRUCTION SKILLS.
FOR THE LIBRARY WE CONTINUE TO MEET WITH OUR LIBRARIANS DURING THE WEEK TO LEARN LIBRARY SKILLS, MEDIA LITERACY, AND ARE GIVEN THE OPPORTUNITY TO CHECK OUT BOOKS GEARED TOWARD OUR INTEREST.
SOON, WE WILL BE STARTING A BOOK CLUB IN A POD.
AND WE ALREADY HAVE A BOOK CLUB AND YOU HAVE TWO.
THIS MONTH'S THEME IS CHINESE NEW YEAR.
WE DECORATED DOORS IN THE DORM WITH THE NEW YEAR FLAGS.
AND THANK YOU. THANK YOU, STUDENT BOARD MEMBER FOR YOUR REPORT.
WOULD ANY TRUSTEES LIKE TO PROVIDE A REPORT ON ACTIVITIES SPECIFICALLY RELATED TO THEIR DUTIES AS MEMBERS OF AND WITHIN THE JURISDICTION OF THE SANTA CLARA COUNTY BOARD OF EDUCATION? WE'LL START WITH VICE PRESIDENT SREEKRISHNAN.
THANK YOU. SO ON JANUARY 14TH, I ATTENDED THE SILICON VALLEY YOUTH CLIMATE ACTION, NEW YEAR'S PARTY.
MAYBE SOME OF MY COLLEAGUES ARE ALSO THERE.
AND SO GOT TO LEAD A PANEL ABOUT ENVIRONMENTAL LITERACY WITH TWO STUDENTS, ELIZABETH AND RADHIKA.
AND THEY TALKED ABOUT HOW THEY STOOD UP A SUSTAINABILITY YOUTH SUSTAINABILITY COMMISSION FOR THEIR SCHOOL DISTRICT, FREMONT UNION HIGH SCHOOL DISTRICT.
I ALSO, ON MLK DAY, WORKED WITH THE COMMUNITY SABA YOUTH ADVISORY COMMITTEE, WHO ARE VOLUNTEERS, STUDENT VOLUNTEERS, AND WE MADE CARE BAGS AND HYGIENE KITS FOR THE UNHOUSED.
ALSO ON MLK DAY AND I KNOW TRUSTEE LARI WAS THERE.
AS WELL, ATTENDED THE TREE PLANTING HOSTED BY OUR CITY FOREST.
[01:00:02]
AND OUR CITY FOREST HAS BEEN PARTNERING WITH OUR COUNTY OFFICE ON FOR TREE PLANTING AT AND NEAR SCHOOL CAMPUSES.THEN LASTLY, JUST A SAVE THE DATE FOR THIS BOARD.
AND I DON'T KNOW IF FOLKS READ OUR SUPERINTENDENTS [INAUDIBLE] PUBLISHED THIS WEEK ABOUT OUR ENVIRONMENTAL LITERACY EFFORTS, INCLUDING THE NEW REFRESHED WEB PAGE, WHICH I'D RECOMMEND FOLKS CHECK OUT.
THANK YOU, VICE PRESIDENT SREEKRISHNAN.
AND I ALSO WANTED TO THANK TRUSTEE SPEISER FROM THE LOS ALTOS SCHOOL BOARD, WHO SERVES AS SANTA CLARA COUNTY SCHOOL BOARDS ASSOCIATION VICE PRESIDENT, FOR REMINDING ME OF THE UPCOMING NEW MEMBER TRAINING, WHICH IS ON JANUARY 28TH, AND IT'S IN THE MORNING AT 8:45, HOSTED BY COUNTY OFFICE OF EDUCATION FOR ANY NEW SCHOOL BOARD MEMBERS INTERESTED IN ATTENDING.
THANK YOU. THANK YOU, TRUSTEE BERTA.
YOU. WE CAN HEAR BITS AND PIECES.
I WONDER IF YOUR MICROPHONE IS JUST COVERED.
OKAY. CAN YOU HEAR ME NOW? YES. THAT'S MUCH BETTER.
OKAY. I INTENDED [INAUDIBLE] TO CELEBRATE THE PROGRESS.
IT'S STILL A LITTLE DIFFICULT TO HEAR YOU.
ARE YOU ABLE TO JUST BE CLOSER TO YOUR MICROPHONE? OH. NO, NOT YET.
[INAUDIBLE] I'LL GO TO TRUSTEE MAH, AND THEN I'LL COME BACK TO YOU.
AND SHE CAN INCLUDE THAT IN THE MINUTES.
WITH RESPECT TO MYSELF, I ONLY HAVE TWO THINGS TO REPORT.
ONE IS THAT I ATTENDED THE CHALLENGE TEAM MEETING, WHICH IS THE KIND OF LOCAL SCHOOL DISTRICTS AND LOCAL COMMUNITIES IN MOUNTAIN VIEW AND LOS ALTOS.
A LITTLE BIT OF SUNNYVALE TO TALK ABOUT THE CHALLENGES FOR OUR YOUTH.
AND THE TOPIC OF THIS MONTH'S DISCUSSION WAS THE MENTAL HEALTH CHALLENGES AND THE IMPORTANCE OF STRESSING AND BOOSTING STUDENT WELLNESS AS MUCH AS POSSIBLE.
THIS IS MORE SO IN THE MIDDLE SCHOOL AND HIGH SCHOOLS IS WHAT WE ADDRESS.
BUT IT'S ONE OF THOSE THINGS FOR EVERYBODY, ESPECIALLY WITH THE PANDEMIC RAMIFICATIONS.
THE OTHER THING THAT I'VE DONE IS THAT I AM THE CO-CHAIR LEAD FOR THE SCCSBA LEGISLATIVE BRANCH.
SO I JUST WANTED TO REMIND EVERYONE, GIVE YOU A HEADS UP, PLEASE SAVE THE DATE, FEBRUARY 25TH.
IT WILL BE ON THAT SATURDAY IN THE MORNING FROM ABOUT NINE IN THE MORNING UNTIL NOON.
IT WILL BE BOTH AVAILABLE IN PERSON AND VIA ZOOM.
IN PERSON WE WILL HAVE THE BRUNCH AT THE STANFORD RESEARCH PARK.
IT'S CALLED THE HUB, AND WE'LL HAVE A GREAT SLATE OF PANELISTS AND SPEAKERS.
SIGNUPS ARE NOT AVAILABLE YET, BUT THEY WILL BE.
SATURDAY, FEBRUARY 25TH, FROM NINE UNTIL NOON.
AND TRUSTEE LARI YOU WANT TO CAN WE TRY AGAIN? YES. SO CAN YOU HEAR ME NOW? YES. OKAY.
[01:05:03]
THE MIGRANT CAMP.SO AS WE KNOW, INTERNET ACCESS IS AN EQUITY ISSUE AND THIS IS A GOOD STEP TOWARDS REDUCING DIGITAL SEGREGATION IN GILROY, THERE WERE MORE THAN 100 CHILDREN WHO LIVED IN THE CAMP WHO HAD SLOW OR NO INTERNET.
AND SO THIS IS A VALUABLE PROGRAM FOR THOSE STUDENTS.
AND THEN ON JANUARY 10TH, I ATTENDED THE MILPITAS UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION MEETING VIRTUALLY, WHERE THEY INTRODUCE NEWLY ELECTED TO THE COMMUNITY.
I ALSO CELEBRATED MLK DAY WITH A TRUSTEE TARA SREEKRISHNAN, BY HELPING PLANT TREES AT WATSON PARK AT AN EVENT HOSTED BY OUR CITY FOREST. MANY STUDENTS, VOLUNTEERS AND ELECTED OFFICIALS WERE THERE TO HELP.
AND THIS MORNING I VISITED THE ROCKETSHIP FUERZA SCHOOL FOR A TOUR THAT THEY INVITED ME TO LEARN ABOUT THEIR PROGRAM.
SO THAT'S ABOUT ALL. THANK YOU.
THANK YOU FOR YOUR REPORTS, TRUSTEES.
WE WILL NOW MOVE ON TO OUR ANNUAL BOARD TRAINING.
DR. DEWAN, CAN YOU PLEASE INTRODUCE THIS ITEM? YES. THANK YOU. IN COMPLIANCE WITH THE BROWN ACT.
OH, I'M SORRY. THE WRONG PAGE.
[7. BOARD TRAINING]
MY APOLOGIES. TONIGHT'S TRAINING IS THE ANNUAL TRAINING ON THE BROWN ACT AND ETHICS.WE WERE GOING TO START WITH THE BROWN ACT, UNLESS ANYONE WOULD LIKE TO START WITH ETHICS INSTEAD.
SO MAYBE IF WE COULD START AT THE TOP, THAT'D BE GREAT.
GREAT. SO JUST TO GIVE YOU A LITTLE BIT OF CONTEXT, THIS PRESENTATION ITSELF, THE BROWN ACT PRESENTATION ITSELF IS USUALLY AN HOUR TO AN HOUR AND 15 OR AN HOUR AND A HALF.
AND THEN THE ETHICS PRESENTATION IS USUALLY ABOUT THE SAME.
SO WE ARE NOT GOING TO TAKE THAT AMOUNT OF TIME TONIGHT, I PROMISE YOU.
AND IF YOU HAVE QUESTIONS, IF YOU COULD SEND THOSE THROUGH TO DR.
DEWAN, THEN WE CAN ANSWER THEM IN EMAILS LATER ON AT SOME POINT.
SO SO WITH THAT, WE'LL START OFF.
AND WE'RE HERE TONIGHT TO PROVIDE YOU THIS TRAINING.
DR. DEWAN IT'S OBVIOUSLY PART OF THE AGENDA, BUT ALSO DR.
DEWAN CAN EMAIL IT TO YOU AS WELL.
AND AGAIN, WE CAN ANSWER THEM AT A LATER POINT.
HOWEVER OKAY SO TONIGHT WE ARE GOING TO TALK ABOUT THE INTENT OF THE BROWN ACT, GENERAL RULES, RULES FOR SOCIAL MEDIA, NOTICE AND MEETING, PUBLIC PARTICIPATION, DISRUPTIVE BEHAVIOR, CLOSED SESSION, AND THEN ZOOM MEETINGS, WHETHER OR NOT THOSE ARE STILL ALLOWED.
AND WE'LL GO THROUGH THE THREE DIFFERENT WAYS YOU CAN DO THAT.
ALL RIGHT. SO THE REASON WHY I TALK ABOUT THE INTENT OF THE BROWN ACT IS TO TRY TO HELP YOU AS TRUSTEES TO KNOW WHY THE LAW EXISTS. AND SO THAT HELPS YOU HOPEFULLY THINK ABOUT IT IN A WAY THAT IF YOU HAVE QUESTIONS COME UP THAT YOU CAN HOPEFULLY BE ABLE TO ANSWER THEM.
SO THE INTENT OF THE BROWN ACT IS ACTUALLY THIS, THIS GOVERNMENT CODE SECTION, WHICH STATES THAT PUBLIC AGENCIES IN THIS STATE EXIST TO AID IN THE CONDUCT OF THE PEOPLE'S BUSINESS.
[01:10:01]
SO THAT MEANS YOU MIGHT NOT HAVE ALL THE ANSWERS BEFORE YOU VOTE, YOU MIGHT HAVE QUESTIONS, AND THAT'S ALL APPROPRIATE FOR YOU TO DO IN THE OPEN MEETING BECAUSE IT IS OPEN TO THE PUBLIC AND IS MEANT TO BE OPEN TO THE PUBLIC.AND THE PURPOSE OF THAT TRANSPARENCY IS TO FACILITATE PUBLIC PARTICIPATION AND ALSO CURB THE MISUSE OF THE DEMOCRATIC PROCESS BY SECRET LEGISLATION OR SECRET VOTE AND THAT KIND OF THING.
SO NOW IT IS A CONSTITUTIONAL LAW.
AND THAT REQUIREMENT IS THAT THE MEETINGS OF THE PUBLIC BODIES AND THE WRITINGS OF THE PUBLIC OFFICIALS, THAT IS THE PUBLIC RECORDS ACT, BE BOTH THE MEETINGS, BE OPEN TO THE PUBLIC AND THE DOCUMENTS THEMSELVES BE OPEN TO THE PUBLIC.
AND BECAUSE THIS IS NOW PART OF OUR CONSTITUTION AS A STATE, THE COURTS WILL LIBERALLY INTERPRET THAT IS GIVE THE BENEFIT OF THE DOUBT IN FAVOR OF PUBLIC PARTICIPATION, IN FAVOR OF GOVERNMENT TRANSPARENCY.
AND SO [INAUDIBLE] AND SO THE GENERAL RULE IS THAT ALL MEETINGS OF THE LEGISLATIVE BODY OF THE LOCAL AGENCY AND YOU ARE LOCAL AGENCY SHALL BE OPEN AND PUBLIC AND ALL PERSONS SHALL BE PERMITTED TO ATTEND ANY MEETING OF THE BODY OF THE LOCAL AGENCY, EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER.
SO IF THE BOARD, IN ANY KIND OF ACTION, FORMAL ACTION APPOINTS A BODY OR CREATES A SUBSIDIARY BODY, THAT BODY IS ALSO SUBJECT TO THE BROWN ACT.
AND SO INCLUDING STANDING COMMITTEES, IRRESPECTIVE OF THEIR COMPOSITION, WHICH HAVE A CONTINUING SUBJECT MATTER, JURISDICTION, ARE ALSO LEGISLATIVE BODIES FOR THE PURPOSE OF THE BROWN ACT.
THE ONLY EXCEPTION IT WOULD BE AN AD HOC COMMITTEE.
THAT MAY BE A BODY THAT'S NOT SUBJECT TO THE BROWN ACT.
OH, AND I ALSO SORT OF ALREADY DID THIS.
SO WHEN WHEN WE'RE CREATING COMMITTEES OR COMMISSIONS, ANY KIND OF FORMAL RESOLUTION OF THE BODY, THAT'S A BROWN ACT BODY. NEXT SLIDE, PLEASE.
AND THE ONLY THING THAT IS NOT A BROWN ACT BODY WOULD BE AN AD HOC COMMITTEE, AS I INDICATED.
HOWEVER, THIS CASE THAT CAME OUT IN 1993 SAYS THAT THE BOARD CANNOT IN ANY WAY INSTIGATE THE FORMATION OF THE COMMITTEE AND THE CONCEPT OF FORMAL ACTION IS BROADLY CONSTRUED AGAIN, SO THAT YOU DON'T HAVE BODIES TRYING TO CIRCUMVENT OR SUBJUGATE THE BROWN ACT BY APPOINTING ANOTHER BODY. AND I THINK MIKE'S GOING TO TAKE THE NEXT SLIDE.
SO WHEN WE TALK ABOUT THE BROWN ACT, OBVIOUSLY WE'RE TALKING ABOUT MEETINGS.
WHAT IS A MEETING? ANY CONGREGATION OF A MAJORITY OF THE MEMBERS OF A LEGISLATIVE BODY AT THE SAME TIME AND LOCATION, INCLUDING OBVIOUSLY, TELECONFERENCE LOCATION TO HEAR, DISCUSS, DELIBERATE OR TAKE ACTION ON ANY ITEM WITHIN THE SUBJECT MATTER JURISDICTION BOARD.
SO THEN WHAT'S NOT A MEETING? BECAUSE THERE ARE A LOT FALLS UNDER THAT.
SO INDIVIDUAL CONTACTS AND CONVERSATIONS BETWEEN A MEMBER OF THE BOARD ARE NOT MEETINGS.
ALTHOUGH KEEP THAT IN MIND WHEN KATHY TALKS ABOUT SOCIAL MEDIA IN A LITTLE BIT.
DISCUSSING ISSUES OF GENERAL CONCERN TO THE PUBLIC IS NOT A MEETING AS WELL.
SO YOU CAN GO TO CSBA'S AEC WITH YOUR ENTIRE BOARD AND IT'S NOT A VIOLATION OF THE BROWN ACT.
IF A MAJORITY OF THE BOARD SHOWS UP TO A PTA MEETING, THAT'S ALSO NOT A VIOLATION OF THE BROWN ACT.
SAME FOR A CITY COUNCIL MEETING, ANOTHER OPEN NOTICE BODY.
YOU JUST CAN'T USE THAT OTHER MEETING TO DISCUSS BOARD BUSINESS WITH THE MAJORITY.
AND THEN ATTENDANCE AT A PURELY SOCIAL CEREMONIAL EVENT IS NOT A BROWN ACT'S VIOLATION.
[01:15:06]
WE GET QUESTIONS SOMETIMES WHEN GOING TO LUNCH THAT TYPE OF THING IS NOT A BROWN ACT ISSUE AS LONG AS YOU'RE NOT DISCUSSING BOARD BUSINESS.SERIAL MEETINGS AND I LOVE A GOOD HOMOPHONE JOKE.
SO HERE IT IS. AS A FORMER LITERACY TEACHER, THE MAJORITY OF MEMBERS OF THE LEGISLATIVE BODY SHALL NOT, OUTSIDE OF THE MEETING, AUTHORIZE WITH THIS CHAPTER USE ANY SERIES OF COMMUNICATIONS. ESSENTIALLY, THIS IS THE NEXT WAY OF SAYING WE'RE NOT GOING TO CREATE MEETINGS AND VIOLATIONS THROUGH EMAIL, TEXT, OTHER METHODS.
OKAY, SO WHAT DOES THAT MEAN IN PRACTICE? IT IS NOT OKAY FOR A FEW BOARD MEMBERS TO GO TALK TO EACH OTHER TO CREATE AN UNDERSTANDING, EVEN IF THEY'RE NOT ALL IN THE SAME ROOM.
AND THIS ONE COMES UP AS A POTENTIALLY TRICKY ONE.
IF YOU GET AN EMAIL FROM STAFF WITH ALL OF THE BOARD MEMBERS ON IT.
BE VERY CAREFUL NOT TO REPLY ALL AND SHARE YOUR THINKING ON WHATEVER ISSUE OF BOARD BUSINESS IT IS, BECAUSE THEN YOU'RE GETTING THAT SHARED UNDERSTANDING AGAIN WITH A POTENTIAL SERIAL MEETING IN VIOLATION OF THE BROWN ACT.
NEXT SLIDE, PLEASE. HOWEVER, IT'S IMPORTANT TO NOTE, ESPECIALLY FOR NEW BOARD MEMBERS, THIS COMES UP AN EMPLOYER OFFICIAL OF THE LOCAL AGENCY, MAY ENGAGE IN SEPARATE CONVERSATIONS OUTSIDE OF THE MEETING WITH BOARD MEMBERS TO ANSWER QUESTIONS OR PROVIDE INFORMATION.
YOU CAN GO TO STAFF AND ASK THEM QUESTIONS.
YOU CAN HAVE THAT BACK AND FORTH WITHOUT IT BEING A VIOLATION OF THE BROWN ACT.
SO EXACTLY THIS STAFF IS ALLOWED TO SHARE INFORMATION WITH ALL THE BOARD MEMBERS.
YOU'RE ALL RECEIVING THAT INFORMATION, BUT THAT IS NOT A MEETING OF THE NEXT SLIDE. HOWEVER, HERE IT'S ALSO OKAY AS LONG AS STAFF DOES NOT COMMUNICATE COMMENTS OR POSITIONS OF OTHER MEMBERS.
THEY CAN DO THAT WITH ALL OF THE BOARD MEMBERS INDIVIDUALLY.
BE CAREFUL ABOUT CREATING THAT SORT OF UNDERSTANDING AND CREATING A MEETING BY HAVING THAT DISCUSSION WITH MULTIPLE MEMBERS WHERE YOU ARE SHARING INFORMATION THAT THEY'VE SHARED. NEXT SLIDE, PLEASE.
YEAH. AND THAT CAUTION THAT MIKE JUST GAVE YOU, WHICH IS A GREAT ONE, INCLUDES LIKE TEXT STRINGS.
SO IF YOU HAVE A MAJORITY OF YOU ON A TEXT STRING, THAT WOULD BE A MEETING.
IF YOU HAVE A MAJORITY OF YOU ON THE GOOGLE DOC, FOR EXAMPLE, THAT WOULD BE A MEETING.
AND IN THIS LAW, WHAT THE LEGISLATURE DID WAS ALLOW OR RECOGNIZE, IF YOU WILL, SOME USE OF SOCIAL MEDIA BY BOARD MEMBERS.
AND IT SAYS THAT BOARD MEMBERS CAN ENGAGE, MAY ENGAGE IN SEPARATE COMMUNICATIONS ON INTERNET BASED SOCIAL MEDIA PLATFORM TO, FOR EXAMPLE, ANSWER QUESTIONS, PROVIDE INFORMATION TO THE PUBLIC, OR EVEN SOLICIT PUBLIC INPUT ON MATTERS WITHIN THE PARTIES JURISDICTION.
BUT A MAJORITY OF THE LEGISLATIVE BODY MAY NOT DISCUSS AMONGST THEMSELVES BUSINESS OF A SPECIFIC NATURE WITHIN THE BODY'S JURISDICTION, WHICH ENCOMPASSES COMMENTS OR USE OF DIGITAL ICONS THAT EXPRESS REACTIONS TO COMMUNICATIONS.
ANY COMMUNICATIONS POSTED OR SHARED ON SOCIAL MEDIA BETWEEN MEMBERS OF THE LEGISLATIVE BODY AND RESPONSES TO THE SAME COMMUNICATION ON SOCIAL MEDIA, SUCH AS THE USE OF EMOJIS OR THE LIKE BUTTON ON FACEBOOK, INSTAGRAM, OR RETWEETING ON TWITTER.
AND IT ALSO SAYS THAT TRUSTEES MAY NOT DIRECTLY RESPOND TO A SOCIAL MEDIA COMMUNICATION MADE POSTS OR SHARED BY ANY OTHER MEMBER OF THE SAME LEGISLATIVE BODY REGARDING A MATTER WITHIN THE LEGISLATIVE BODIES SUBJECT MATTER JURISDICTION.
SO WHAT DOES THAT MEAN? THE ONUS IS ON THE BOARD MEMBERS.
AND SO WHEN YOU ARE MONITORING SOCIAL MEDIA, IF YOU HAVE YOUR OWN PAGE, FINE.
RIGHT. BUT IF YOU ARE LOOKING AT OTHER BOARD MEMBERS PAGES, YOU DO NOT WANT TO BE COMMENTING OR EVEN USING THE LIKE BUTTON OR ANYTHING LIKE THAT ON ANY MATTER WITHIN THE SUBJECT MATTER JURISDICTION.
[01:20:02]
IF SOMEONE'S GETTING MARRIED OR SOMEONE HAS A BIRTHDAY AND THEY POST A FAMILY PHOTO, OF COURSE YOU CAN LIKE THAT.THAT'S THE SAME TYPE OF EXCEPTION THAT MIKE WAS TALKING ABOUT IN TERMS OF A SOCIAL OR CEREMONIAL EXCEPTION TO THE MEETING DEFINITION OF MEETING. NEXT SLIDE, PLEASE.
AND THEN THIS NEW CASE THAT CAME OUT HOT OFF THE PRESSES.
AND WE LIKE TO TALK ABOUT CASES AND THINGS LIKE THAT.
BUT WHAT HAPPENED IN THIS PARTICULAR CASE IS THAT SOME BOARD MEMBERS HAD A SOCIAL MEDIA PAGE, A FACEBOOK PAGE AND TWITTER PAGES THAT THEY USED TO SOLICIT INPUT FROM THE PUBLIC.
AND THEY REFER TO THEMSELVES AS TRUSTEES ON THESE PAGES AND THINGS LIKE THAT.
AND THEN AS TIME WENT ON, THERE WERE SOME PARENTS THAT WERE COMPLAINING ABOUT HOW THE TRUSTEES WERE CONDUCTING THEIR OFFICIAL DUTIES, AND THE PARENTS WOULD ACTUALLY WRITE VERY LONG COMPLAINTS AND THEN CUT AND PASTE THOSE COMPLAINTS AND REPOST THEM AND THINGS LIKE THAT REPEATEDLY.
AND IT GOT PRETTY DISTRACTING, RIGHT? SO AT SOME POINT THE BOARD MEMBERS DECIDED NOT TO USE ANY OF THE TOOLS WITH REGARD TO MONITORING, REGULATING THAT KIND OF THING.
BUT THEY BLOCKED THE TWO PARENTS.
AND SO ULTIMATELY WHAT THE COURT SAID WAS BLOCK YOU CREATED BY REFERRING TO YOURSELF AS AN OFFICIAL TRUSTEE, BY SOLICITING INPUT, BY USING THAT PAGE IN THAT WAY, YOU'VE SORT OF CREATED WHAT'S CALLED A CIVIC CENTER SPACE WHERE THE FIRST AMENDMENT RIGHTS APPLY. AND BY BLOCKING THESE PARENTS, BY NOT USING NARROWLY CONSTRUED REGULATION, LIKE I THINK THEY COULD BLOCK TERMS, THEY COULD DO OTHER THINGS WITH REGARD TO THOSE PLATFORMS. BUT BLOCKING THE PARENTS IN TOTAL ENDED UP BEING A VIOLATION OF THEIR FIRST AMENDMENT RIGHTS.
IN THIS PARTICULAR CASE, FORTUNATELY FOR THE TRUSTEES, THEY WERE ENTITLED TO QUALIFIED IMMUNITY ON A DAMAGES CLAIM BECAUSE UNTIL NOW THERE HAD BEEN NO DEFINITIVE ANSWER IN THE CALIFORNIA SUPREME COURT OR IN THE NINTH CIRCUIT FINDING THAT SOCIAL MEDIA PLATFORM COULD CREATE A PUBLIC FORUM.
BUT NOW THAT WE HAVE THIS CASE, PUBLIC OFFICIALS SHOULD BE AWARE THAT THE USE OF SOCIAL MEDIA PLATFORMS CAN CREATE A PUBLIC FORUM IN WHICH FIRST AMENDMENT PROTECTIONS APPLY, AND THAT ANY ACTION TAKEN TO LIMIT THAT MUST BE NARROWLY TAILORED TO ADDRESS THE PARTICULAR ISSUE THAT YOU'RE TRYING TO REGULATE, IF YOU WILL.
YOU'RE TRYING TO GET FEEDBACK FROM MEMBERS ON BOTH YOU HAVE COMING UP AND SHARING ITEMS. BUT ONCE YOU HAVE AN ACCOUNT WHERE YOU ARE REPRESENTING YOURSELF AS A TRUSTEE ON IT, BE VERY CAREFUL ABOUT LIMITING COMMENTS OR BLOCKING ACCOUNTS, ESPECIALLY BASED ON COMMENTS YOU DON'T LIKE THAT TYPE OF THING.
YOU ARE NOW IN SORT OF A PUBLIC FORUM AND ARE LIMITED IN HOW YOU CAN RESTRICT COMMENTS FROM OTHERS.
AND THEN AS WE MOVE INTO PUBLIC MEETING PROCEDURES, CERTAIN BOARDS MUST MEET MONTHLY AND MUST, BY RULE, FIX THE TIME AND PLACE FOR THEIR REGULAR MEETINGS.
THE COUNTY BOARD OF EDUCATION ALSO SETS THE TIME AND PLACE FOR ITS REGULAR MEETINGS.
YOU CAN AMEND THAT THROUGH THE YEAR ON A MAJORITY VOTE IF YOU WISH TO DO SO.
AND THEN I THINK MIKE HAS THE NEXT SLIDE.
OKAY. SOME OF THE BASICS BEFORE WE GET INTO THE NEW LAWS.
THIS IS, I THINK, PROBABLY GOING TO BE A REMINDER FOR ALL OF YOU, BUT AN AGENDA MUST BE CONSPICUOUSLY POSTED AT LEAST 72 HOURS PRIOR TO THE TIME OF THE REGULAR MEETING IN A LOCATION FREELY ACCESSIBLE TO MEMBERS OF THE PUBLIC.
REMINDER BOARDS CAN ONLY CONSIDER BUSINESS SPECIFIED IN THE NOTICE.
THERE'S NO REQUIREMENT FOR A GENERAL PUBLIC COMMENT SESSION.
[01:25:10]
EXECUTIVES. NEXT SLIDE, PLEASE.EMERGENCY MEETINGS, ALTHOUGH WE'VE SEEN MORE OF THESE THE LAST FEW YEARS THAN WE NORMALLY HAD.
THIS IS NOT SOMETHING THAT'S GOING TO BE USED OFTEN.
THIS IS THE MAJORITY OF THE LEGISLATIVE BODY DETERMINES THAT EMERGENCY SITUATION EXISTS.
IT CAN CALL AN EMERGENCY MEETING AGAIN BY THE PRESIDENT OR BY A MAJORITY OF THE BOARD.
BUT AN EMERGENCY HAS A PRETTY LIMITED DEFINITION.
I THINK THAT'S PROBABLY GOOD FOR THIS SLIDE.
LET'S KEEP GOING. NEXT SLIDE, PLEASE.
AND FOR THE AGENDA. ANY PERSON CAN REQUEST A COPY OF THE AGENDA OR THE DOCUMENTS IN IT.
AND UPON RECEIPT OF A WRITTEN REQUEST THE BOARD HAS TO MAKE THE REQUESTED MATERIAL AVAILABLE TO BE MAILED AT THE TIME THE AGENDA IS POSTED OR DISTRIBUTED TO EVERYONE, THE MAJORITY OF THE BOARD MEMBERS OF LEGISLATIVE BODY, WHICHEVER OCCURS FIRST.
NEXT SLIDE, PLEASE. SO WE KIND OF COVERED THIS.
THE FILING FEE CAN'T EXCEED THE COST PROVIDING THE SERVICE AND EFFECTIVE FOR NOW TEN YEARS.
SOMEHOW THE AGENDAS HAVE TO BE POSTED ONLINE.
JUST QUICKLY, IF A PUBLIC RECORD THAT RELATES TO AN AGENDA ITEM FOR AN OPEN SESSION IS DISTRIBUTED LESS THAN 72 HOURS PRIOR TO THE MEETING, THE WRITING HAS TO BE MADE AVAILABLE FOR PUBLIC INSPECTION AT THE TIME THE WRITING IS DISTRIBUTED TO ALL.
THERE IS A NEW LAW ON THIS ONE THOUGH.
AB 2647 THAT JUST WENT INTO ACCOUNT.
THERE WAS AN APPELLATE CASE THIS LAST YEAR THAT THE COURT JUST INTERPRETED THIS LITERALLY AND SAID, HEY, YOUR COUNTY OFFICE WAS CLOSED WHEN THIS INFORMATION WAS PROVIDED AND THEREFORE IT WAS NOT PROVIDED THE PUBLIC MADE AVAILABLE AT THE SAME TIME.
YOU NEED TO POST THE MATERIAL ONLINE IMMEDIATELY WHEN IT'S PROVIDED WITHIN 72 HOURS, AND THEN AS LONG AS IT'S IN THE OFFICE THE NEXT DAY IN THE MORNING, THAT IS BEING MADE AVAILABLE TO THE PUBLIC.
NEXT SLIDE, PLEASE. THINK THIS IS.
THE LOCAL AGENCY MAY ALSO POST THE WRITING ON THE LOCAL AGENCY'S INTERNET WEBSITE IN A POSITION IN A MANNER THAT MAKES IT CLEAR THAT THE WRITING RELATES TO AN AGENDA ITEM FOR AN UPCOMING MEETING.
AND THE DOCUMENTS PREPARED MUST BE MADE AVAILABLE FOR THE PUBLIC INSPECTION AT THE MEETING OR LIKE MIKE SAID, IN TERMS OF THE NEW LAW, AS LONG AS IT'S AVAILABLE THE NEXT DAY. NEXT SLIDE, PLEASE.
AND THAT IS THAT'S IN THE LAW.
SO FOR PUBLIC PARTICIPATION, EVERY REGULAR MEETING AGENDA SHALL PROVIDE AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO ADDRESS THE BOARD, JUST AS YOU DID TONIGHT ON ANY ITEM OF INTEREST WITHIN THE JURISDICTION OF THE BOARD.
OH, AND SO THEN I'M NOT GOING TO PLAY THIS DON'T WORRY, BUT AND THIS IS NOT FROM CALIFORNIA.
THIS IS ACTUALLY FROM FLORIDA.
I TRIED TO USE AN EXAMPLE OF A VERY DISRUPTIVE MEETING.
AND THIS MEETING WAS ABOUT THE MASK MANDATE, FOR EXAMPLE.
[01:30:06]
AND SO THAT LEADS TO THE NEXT SLIDE, PLEASE.WHICH IS A NEW LAW THAT WENT INTO EFFECT THIS YEAR, AND THIS NEW LAW SAYS THAT IT'S THE INTENT OF THE LEGISLATURE TO CODIFY THE AUTHORITY AND STANDARDS FOR GOVERNING PUBLIC MEETINGS IN ACCORDANCE WITH THIS CASE THAT CAME OUT IN 2013, AND I THINK IT'S IMPORTANT TO KEEP IN MIND THAT ALTHOUGH THE MEETING IS OPEN TO THE PUBLIC, IT'S NOT THE PUBLIC'S MEETING, IT IS YOUR MEETING, AND YOU MUST BE ALLOWED TO CONDUCT YOUR BUSINESS, AND SO THIS NEW LAW INDICATES THAT THE PRESIDING MEMBER OR DESIGNEE MAY REMOVE OR CAUSE THE REMOVAL OF AN INDIVIDUAL FOR DISRUPTING A MEETING.
PRIOR TO REMOVING THE INDIVIDUAL, THE PRESIDING MEMBER OR THEIR DESIGNEE SHALL WARN THE INDIVIDUAL THAT THEIR BEHAVIOR IS DISRUPTING AND THEIR FAILURE TO CEASE MAY RESULT IN REMOVAL, AND THEN THE LAW DEFINES DISRUPTING AS ENGAGING IN BEHAVIOR THAT ACTUALLY DISRUPTS, AND YOU ALWAYS GOT TO LOVE WHEN THE LEGISLATURE USES THE SAME WORD TO DEFINE ITSELF, BUT ANYWAY, ACTUALLY DISRUPTS, DISTURBS, IMPEDES OR RENDERS INFEASIBLE THE ORDERLY CONDUCT OF THE MEETING AND INCLUDES. NEXT SLIDE, PLEASE.
INCLUDES, BUT NOT LIMITED TO ONE OF THE FOLLOWING.
A FAILURE TO COMPLY WITH REASONABLE AND LAWFUL REGULATIONS ADOPTED BY THE LEGISLATIVE BODY OR ENGAGING IN BEHAVIOR THAT CONSTITUTES THE USE OF FORCE OR THREAT OR TRUE THREAT OF FORCE AND TRUE THREAT OF FORCE IS DEFINED AS MEANS A THREAT THAT HAS SUFFICIENT INDICIA OF INTENT AND SERIOUSNESS THAT A REASONABLE OBSERVER WOULD PERCEIVE IT TO BE AN ACTUAL THREAT TO USE FORCE BY THE PERSON MAKING THE THREAT.
MEETING PRACTICES, YOU HAVE TO TAKE MINUTES.
THE MINUTES ARE PUBLIC RECORD.
YOU CANNOT TAKE ACTION BY SECRET BALLOT.
WE'VE SEEN THAT IN PRACTICE ALREADY IN THIS MEETING.
I THINK THIS IS SOMETHING WE'VE ALL GOTTEN USED TO AT THIS POINT.
THESE ARE THE REASONS YOU CAN HAVE A CLOSED SESSION.
YOU CAN DISCUSS EXISTING OR ANTICIPATED LITIGATION, PUBLIC SAFETY THREATS, STUDENT MATTERS, INDIVIDUAL PERSONNEL MATTERS, CONSULTING WITH REAL PROPERTY NEGOTIATOR AND CONSULTING WITH A LABOR NEGOTIATOR.
YOU DON'T HAVE TO DESCRIBE EXACTLY WHAT IS HAPPENING IN THOSE CLOSED SESSIONS.
THE LAW ALLOWS FOR WHAT'S CALLED SAFE HARBOR AGENDA DESCRIPTIONS.
NOPE. IT'S JUST RARELY DOES THE LAW PROVIDE ACTUALLY SOME ASSISTANCE AND IN THIS CASE THEY DO PROVIDE THESE SAFE HARBOR DESCRIPTIONS, AND AS LONG AS THE DISCUSSION FITS WITHIN THE SAFE HARBOR DESCRIPTION AND YOU USE THE SAFE HARBOR DESCRIPTION ON YOUR AGENDA, THEN YOU ARE PROTECTED ACTUALLY FOR CLOSED SESSION DISCUSSION.
THAT'S NOT OPEN. THE BOARD MUST EITHER STATE ON THE AGENDA OR PUBLICLY ANNOUNCE THE MEETING THE AUTHORITY FOR THE CLOSED SESSION AND WHEN IN THE TITLE OF THE CASE . LITIGATION IS PENDING SPECIFICALLY WHEN IT'S PROCEEDING BEFORE A COURT OR ADMINISTRATIVE BODY.
WHEN BASED ON EXISTING FACTS AND CIRCUMSTANCES, THERE IS SIGNIFICANT EXPOSURE TO LITIGATION OR WHEN DECIDING WHETHER TO INITIATE LITIGATION ON BEHALF OF THE DISTRICT OR COUNTY OFFICE. NEXT SLIDE, PLEASE.
[01:35:03]
THANKS.SO WE'LL LEAVE THAT SLIDE THERE AND KEEP GOING, I THINK.
NEXT SLIDE, PLEASE. WHO CAN BE IN CLOSED SESSION.
IMPORTANTLY, PRIOR TO TAKING ANY FINAL ACTION ON SALARIES, SALARY SCHEDULES OR FRINGE BENEFITS OF THE LOCAL EXECUTIVE, THE DISTRICT HAS TO GIVE AN ORAL REPORT IN OPEN SESSION OF THE COMPENSATION PAID TO THE INDIVIDUAL.
THAT APPLIES TO THE SUPERINTENDENT, ASSISTANT AND DEPUTY SUPS, DEPARTMENT HEADS BUT NOT CLASSIFIED EMPLOYEES EMPLOYED UNDER ED CODE 45100, AND FOR THE COUNTY BOARD YOU ONLY HAVE ONE EMPLOYEE AND THAT'S THE COUNTY SUPERINTENDENT, AND YOU WOULD NOT BE MEETING IN CLOSED SESSION UNDER THE LABOR EXCEPTION EITHER, AND SO THIS REALLY, IN TERMS OF THE OTHER TITLES WOULD APPLY TO DISTRICT BOARD RATHER THAN THE COUNTY BOARD. NEXT SLIDE, PLEASE, AND THEN AFTER CLOSED SESSION, THE BOARD MUST RECONVENE IN OPEN SESSION PRIOR TO ADJOURNING THE MEETING.
THE REPORT CAN BE EITHER ORALLY OR IN WRITING.
SO, YES, YES, IT IS ALLOWED AT THE MOMENT.
SO THERE ARE ACTUALLY THREE DIFFERENT WAYS IN WHICH A BOARD CAN MEET VIA TELECONFERENCE.
SO THREE OF A SEVEN MEMBER BOARD, FOR EXAMPLE, TO MEET VIA REMOTE MEANS, AND I'M GOING TO GO THROUGH THOSE CONDITIONS OR AB 361, WHICH IS WHAT WE'RE CURRENTLY USING RIGHT NOW TO MEET VIA TELECONFERENCE, BECAUSE THE STATE OF EMERGENCY STILL EXISTS AS DECLARED BY THE GOVERNOR, THAT IS GOING TO EXPIRE AT THE END OF FEBRUARY OF 2023, ABSENT SOME CHANGE THAT I'M NOT AWARE OF, AND SO AFTER FEBRUARY OF 2023, UNLESS ANOTHER STATE OF EMERGENCY IS DECLARED BY THE GOVERNOR, YOU WOULD NOT BE ABLE TO USE AB 361 TO MEET VIA TELECONFERENCE.
AND THEN WE ALWAYS HAVE HAD THE TRADITIONAL TELECONFERENCE RULES, WHICH USUALLY MEANT ATTENDANCE BY PHONE, RIGHT? NOT BY ZOOM, AND SO I'LL GO THROUGH THOSE VERY BRIEFLY.
SO AB 2449, WHICH IS THE NEW ONE.
SO IT REQUIRES THAT A MAJORITY OF THE BOARD ACTUALLY BE IN PERSON FROM A SINGULAR PHYSICAL LOCATION, CLEARLY IDENTIFIED ON THE AGENDA THAT IS OPEN TO THE PUBLIC AND THAT IS WITHIN THE BOUNDARIES OF THE JURISDICTION.
ONLY IN THAT INSTANCE IF YOU HAVE ALL OF THOSE FACTORS ALREADY IN PLACE, THEN LESS THAN A MAJORITY OF THE BOARD COULD MEET VIA TELECONFERENCE.
IF THEY HAVE JUST CAUSE OR EMERGENCY CIRCUMSTANCES, AND IF THEY'RE GOING TO DO THAT, THE LOCAL AGENCY HAS TO HAVE TWO OPTIONS FOR THE PUBLIC TO REMOTELY OBSERVE THE MEETING AND PROVIDE COMMENTS.
ONE IS A TWO WAY VISUAL PLATFORM LIKE ZOOM TEAMS, THAT KIND OF THING, OR A TWO WAY TELEPHONIC SERVICE AND A LIVE WEBCASTING OF THE MEETING, AND THEN THE MINORITY MEMBERS THAT ARE ATTENDING REMOTELY, WHETHER THAT'S ONE, TWO, THREE OR ONE, TWO OR THREE OF A SEVEN MEMBER BOARD OR ONE OR TWO OF A FIVE MEMBER BOARD HAVE TO HAVE EITHER JUST CAUSE OR EMERGENCY CIRCUMSTANCES IN ORDER TO ATTEND REMOTELY.
NEXT SLIDE, PLEASE, AND THOSE ARE DEFINED AS JUST CAUSES, DEFINED AS CHILD CARE, CAREGIVING NEEDS, CONTAGIOUS ILLNESS, PHYSICAL OR MENTAL DISABILITY, AND TRAVEL WHILE ON OFFICIAL BUSINESS, NOT TRAVELING ON YOUR PERSONAL BUSINESS OR EMERGENCY CIRCUMSTANCES SUCH AS PHYSICAL OR FAMILY MEDICAL EMERGENCY THAT PREVENTS THE MEMBER FROM ATTENDING IN PERSON.
[01:40:01]
THERE ARE LIMITATIONS ON THE NUMBER OF TIMES THAT YOU CAN ATTEND REMOTELY UNDER THIS NEW LAW.SO ONE, A BOARD MEMBER CANNOT PARTICIPATE REMOTELY JUST DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES FOR MORE THAN THREE CONSECUTIVE MONTHS OR 20% OF THE REGULAR MEETINGS AND A MEMBER OF THE BODY MAY STILL PARTICIPATE REMOTELY AS LONG AS THE LEGISLATIVE BODY COMPLIES WITH THE ADDITIONAL TELECONFERENCE RULES THAT WE'RE GOING TO TALK ABOUT AT THE VERY END, AND THEN IF YOU'RE USING THE JUST CAUSE EXCEPTION, YOU CANNOT USE THAT FOR MORE THAN TWO MEETINGS PER CALENDAR YEAR.
THERE ARE ALSO AGENDA REQUIREMENTS.
SO IF YOU'RE USING JUST CAUSE, IT HAS TO BE ON THE AGENDA AND YOU HAVE TO MAKE THE REQUEST AS SOON AS POSSIBLE, AND THEN IF IT'S THE EMERGENCY CONDITION, THEN THAT HAS TO BE ADDED TO THE AGENDA, AND THERE ALSO HAS TO BE AN APPROVAL THAT THE BOARD MEMBER ATTEND VIA REMOTELY. IN ADDITION, THE MEMBER THAT'S ATTENDING REMOTELY MUST ALSO HAVE THEIR CAMERA ON AND THEY MUST ALSO IDENTIFY INDIVIDUALS THAT ARE 18 YEARS OF AGE OR OLDER AT THEIR LOCATION, AND SO IT'S OBVIOUSLY COMPLICATED, AND I THINK IT'S MEANT TO BE COMPLICATED.
AND I THINK THAT THE INTENT OF THIS LAW IS THAT THE BOARDS RETURN TO IN PERSON EXCEPT FOR THESE VERY LIMITED CIRCUMSTANCES.
NEXT SLIDE, PLEASE, AND NEXT SLIDE, PLEASE, AND THEN UNDER AB 361 YOU HAVE TO GIVE NOTICE IN THE MEETING, POST THE AGENDAS JUST AS AS YOU WOULD REGULARLY.
YOU HAVE TO PROVIDE THE DIRECT PUBLIC COMMENT VIA CALL IN OPTION OR THE INTERNET BASED OPTION.
YOU MUST PROVIDE PUBLIC COMMENT IN REAL TIME, AND NEXT SLIDE, PLEASE, AND THEN YOU MUST CONDUCT IN A MANNER, MUST CONDUCT THE MEETING THAT PROTECTS THE STATUTORY AND CONSTITUTIONAL RIGHTS OF THE ATTENDEES, AND IF THERE'S A DISRUPTION TO [INAUDIBLE], TO THE AGENCIES MEETING BROADCAST, THEN YOU HAVE TO STOP ANY ACTION UNTIL THE ACCESS IS RESTORED.
WE'RE NOT CONCERNED WITH A DISTRUPT.
WELL, THE LAW DOESN'T REQUIRE US TO STOP THE MEETING IF A PARTICIPANT HAS A DISRUPTION TO THEIR SERVICE, BUT ONLY IF WE HAVE A DISRUPTION TO OUR SERVICE.
NEXT SLIDE, PLEASE, AND THEN THE FINAL TRADITIONAL TELECONFERENCE RULES.
SO THESE HAVE ALWAYS BEEN IN EXISTENCE OR SINCE THE BROWN ACT, AND SO YOU POST AGENDAS AT EACH TELECONFERENCE LOCATION, INCLUDING IF YOU'RE TRAVELING AND YOU'RE AT A HOTEL, YOU WOULD POST THE AGENDA AT THE LOBBY AND YOU WOULD HAVE TO HAVE YOUR ROOM OPEN TO THE PUBLIC.
FOR EXAMPLE, YOU WOULD HAVE TO IDENTIFY THE TELECONFERENCE LOCATION ON THE AGENDA ITSELF.
YOU HAVE TO HAVE AT LEAST A QUORUM OF MEMBERS IN THE JURISDICTION OF THE LOCAL AGENCY, AND THEN YOU MUST ALSO PROVIDE A MEANS FOR THE PUBLIC TO ADDRESS THE BODY AT EACH TELECONFERENCE LOCATION.
SO THERE I HAVE SEEN OR I HAVE HEARD OF, I'VE HAD PEOPLE ATTENDING FROM THE FRONT LAWN OF SOMEONE'S HOME YEARS AGO, BUT I'VE ALSO LEARNED OF SOMEONE FOLLOWING A TRUSTEE TO A HOTEL ROOM AT SOME POINT AND TRYING TO ATTEND THE MEETING FROM THERE.
SO THAT'S THE TRADITIONAL TELECONFERENCE RULES AND I THINK THAT'S IT FOR THE BROWN ACTS.
IF WE GO TO THE NEXT SLIDE, IT'S QUESTIONS AND ANSWERS.
IS THERE ANY QUESTION I KNOW I DO WANT TO GET TO THE ETHICS AND CONFLICTS OF INTEREST, BUT IF THERE'S ANY QUESTIONS ON THESE SLIDES THAT YOU WOULD LIKE TO ASK NOW VERSUS ASKING US LATER VIA EMAIL AND WE CAN SEND REPLIES THROUGH DR.
CAN I ASK A REALLY FAST QUESTION? OF COURSE.
WOULD THAT BE CORRECT? SO THAT'S A REALLY GOOD QUESTION.
AND IT GOES TO THE NARROW TAILORING OF THE COMMENTS.
[01:45:07]
BUT IF YOU CAN TELL THAT IT'S SPAM, IF YOU TELL THAT IT'S NOT A PERSON, IF YOU CAN TELL THAT IT'S GIBBERISH THAT HAS NO NO VALUE, THEN I BELIEVE THAT YOU COULD APPLY THAT SORT OF NARROW, TAILORED REGULATION TO THE COMMENTS THAT ARE BEING POSTED ON SOCIAL MEDIA.GREAT. THANK YOU, AND THEN JUST ONE FOLLOW UP QUESTION IS, WOULD THERE BE RESTRICTIONS IN LIKE DELETING A SOCIAL MEDIA PAGE ALTOGETHER? LIKE, I DON'T USE THIS PLATFORM AND I JUST DON'T WANT TO USE IT ANYMORE? WOULD THAT BE ALLOWED? I DO BELIEVE THAT IS ALLOWED, YES, BUT NOT BECAUSE YOU'RE NOT SELECTIVELY LIKE NOT DELETING IT ONE DAY OPENING IT UP THE NEXT DAY. YOU KNOW WHAT I MEAN? THAT KIND OF THING. YEAH, BUT IF YOU JUST DECIDED, LOOK, I DON'T WANT TO DO THIS.
YEAH, ABSOLUTELY. YOU CAN DELETE IT.
YOU DON'T. THERE'S NO OBLIGATION FOR YOU TO HOLD THE PAGE OPEN.
YES, AND SPAM, I WAS THINKING LIKE WHAT YOU WERE SAYING.
SO THANK YOU SO MUCH, TRUSTEE LARI.
I JUST WANTED SOME CLARIFICATION.
IF A MEMBER OF THE PUBLIC ASKED US TO ADD AN ITEM TO THE AGENDA, WHAT ARE OUR OBLIGATIONS? GOOD QUESTION. SO YOU'RE GOING TO HAVE BOARD POLICIES THAT ARE GOING TO DICTATE.
FIRST OF ALL, A LOT OF YOUR IN THE NINE SERIES, 9000 SERIES, YOU'RE GOING TO HAVE A LOT OF HELPFUL INFORMATION ABOUT THESE TYPES OF THINGS AND ABOUT THE BROWN ACT. SO YOU WILL HAVE A SECTION IN YOUR BOARD POLICY THAT TALKS ABOUT WHEN SOMEONE WANTS TO SUBMIT SOMETHING FOR THE AGENDA.
IT'S TYPICALLY THEN REVIEWED BY DR.
DEWAN IS REVIEWED BY THE BOARD PRESIDENT, AND THEN THERE'S A DECISION AS TO WHETHER IT'S WITHIN THE JURISDICTION OF THE BOARD, AND IF SO, THEN AT SOME POINT IS PLACED ON THE AGENDA. SO THE BOARD POLICY YOUR BOARD POLICY IS GOING TO GIVE A MUCH BETTER DESCRIPTION OF THAT SPECIFIC SCENARIO.
THANK YOU. OKAY, IF THAT'S ALL THE QUESTIONS, THEN WE CAN MOVE ON TO ETHICS AND CONFLICTS OF INTEREST.
AWESOME. SO IT'S ME AND MIKE AGAIN.
YEAH. SO WE'RE WE'RE GOING TO BE COVERING IS ETHICAL BEHAVIOR AND DUTIES OF PUBLIC OFFICIALS.
DEWAN, AND WE I HONESTLY LOVE THESE TOPICS, SO I DO LOVE TO TALK ABOUT THEM AND LOVE TO ANSWER YOUR QUESTIONS, BUT I JUST WANT TO BE EFFICIENT WITH YOUR TIME AND NOT TAKE TOO MUCH TIME.
WE'RE GOING TO BE TALKING ABOUT THE LAW AND THERE'S THREE DIFFERENT LAWS WE TALK ABOUT WHEN WE TALK ABOUT CONFLICTS OF INTEREST, ALONG WITH A FEW OTHER ONES LIKE BRIBERY AND THAT KIND OF THING, BUT GOVERNMENT CODE SECTION 1090, WHICH RELATES TO CONTRACTS, THE POLITICAL REFORM ACT, WHICH MIKE IS GOING TO TAKE, WHICH RELATES TO USING YOUR OFFICIAL POSITION AND THEN COMMON LAW CONFLICTS OF INTEREST.
WE'RE GOING TO BE TALKING ABOUT FORM 700, WHICH IS THE STATEMENT OF ECONOMIC INTEREST DISCLOSURE, AND THEN WE'RE GOING TO BE TALKING ABOUT SOME NEW LAWS AS WELL THAT APPLY TOO IN THIS AREA. SO NEXT SLIDE, PLEASE.
IT'S ETHICAL BEHAVIOR IS DOING THE RIGHT THING WHEN NO ONE ELSE IS WATCHING, EVEN WHEN DOING THE WRONG THING IS LEGAL, AND I THINK THAT'S REALLY IMPORTANT BECAUSE YOU ARE RESPONSIBLE FOR YOUR CONDUCT.
YOU'RE RESPONSIBLE FOR MAKING SURE THAT YOU ABIDE BY WHAT YOU BELIEVE TO BE THE ETHICAL CONDUCT AND ALSO AVOIDING THE APPEARANCE OF IMPROPRIETY, WHICH WE'RE GOING TO TALK ABOUT A LITTLE BIT MORE, BUT JUST REMEMBER THAT IT'S YOU.
IT'S NO ONE CAN REALLY TELL YOU.
WHEN YOU'RE MAKING THE RIGHT DECISION, YOU HAVE TO MAKE THAT YOURSELF.
NEXT SLIDE, PLEASE. ALL RIGHT, SO JUST SOME ETHICAL PRINCIPLES, AND SO GENERAL ETHICS PRINCIPLES ENCOMPASS VALUES SURROUNDING TRUSTWORTHINESS, RESPECT, FAIRNESS, RESPONSIBILITY, AND IN GOVERNMENT, THE PUBLIC SHOULD KNOW OF THE RESPONSIBLE CONDUCT AND ACTIONS AND
[01:50:05]
PRACTICES OF THEIR LOCAL OFFICIALS.THE NOTION WE WERE TALKING ABOUT THROUGH THE BROWN ACT IS KEY TO THE PUBLIC'S ABILITY TO ENSURE THAT ITS ELECTED AND LOCAL OFFICIALS ARE ETHICAL IN THEIR PUBLIC DEALINGS, AND THEN YOU HAVE A NUMBER OF BOARD POLICIES THAT REPEAT AND UNDERSCORE THE IMPORTANCE OF THOSE ETHICAL PRINCIPLES, LIKE, FOR EXAMPLE, YOUR BOARD BYLAW 9005, WHICH TALKS ABOUT MAXIMIZING THE COUNTY BOARD'S EFFECTIVENESS AND PUBLIC CONFIDENCE IN THE GOVERNANCE AND IN THE COUNTY OFFICE OF EDUCATION'S GOVERNANCE.
SO THE COUNTY BOARD MEMBERS ARE EXPECTED TO GOVERN RESPONSIBLY AND MAINTAIN THE HIGHEST STANDARDS OF INTEGRITY AND HONESTY AND TREAT ALL MEMBERS OF THE PUBLIC AND THE EMPLOYEES WITH RESPECT, COURTESY, CONCERN AND RESPONSIVENESS.
YOUR BOARD BYLAW 9005 CONTINUES THAT YOU SHOULD CONSIDER YOUR POSITIONS AS MEMBERS OF AS A PUBLIC TRUST AND NOT USE IT FOR PRIVATE ADVANTAGE OR PERSONAL GAIN.
BOARD BYLAW 9006 TALKS ABOUT THE FACT THAT YOU SHOULD CONDUCT YOURSELF WITH LAWFUL INTEGRITY AND HIGH ETHICAL STANDARDS THAT UPHOLD THE DUTY OF ELECTED OFFICE AND BUILD TRUST AND PUBLIC CONFIDENCE AND CREDIBILITY, AND THEN ALSO 9270 TALKS ABOUT THE HIGHEST ETHICAL STANDARDS, AND SO NEXT SLIDE, PLEASE.
YES. THANK YOU, VICE PRESIDENT SREEKRISHNAN.
YOU'RE RIGHT. IT'S FALSE BECAUSE YOU'RE GOING TO SEE, AS WE GO INTO THIS A LITTLE BIT MORE DEEPLY, YOU'RE GOING TO SEE THAT THERE'S SOME LAWS THAT CAN'T BE [INAUDIBLE] SIMPLY BY RECUSING YOURSELF.
SO NEXT SLIDE, PLEASE, AND MIKE IS GOING TO TAKE US OVER FROM HERE.
SO LET'S RUN THROUGH BRIEFLY WHAT WE'RE GOING TO BE TALKING ABOUT WITH THE CONFLICT OF INTERESTS.
WE'RE GOING TO TALK A LITTLE BIT ABOUT PENAL CODE 68.
THIS DIDN'T USE TO SHOW UP IN MOST OF THE ETHICS PRESENTATIONS TO SCHOOL BOARD MEMBERS, BUT THE NEW LAW THAT KATHY'S GOING TO TALK ABOUT, IT IS LISTED AS SOMETHING THAT NEEDS TO BE IN TRAININGS. SO WE'LL JUST TOUCH ON IT REALLY BRIEFLY.
GOVERNMENT CODE 1090 IS A REALLY IMPORTANT ONE TO LEARN FOR BOARD MEMBERS AND TO UNDERSTAND.
SAME WITH THE POLITICAL REFORM ACT.
IF YOU'RE IN OFFICE, ALL OF YOU ALREADY SUBMITTED A FORM 700 AT LEAST ONCE.
THE BASICS HERE IS DON'T TAKE BRIBES.
IT'S A PRETTY EASY ONE THAT IS ASKING FOR RECEIVING OR AGREEING TO RECEIVE A BRIBE.
IT DOESN'T HAVE TO BE CONNECTED TO SOME SPECIFIC VOTE.
THERE'S NO KIND OF LOOPHOLES HERE, BUT IT SEEMS LIKE A PRETTY OBVIOUS ONE.
NEXT SLIDE, PLEASE, AND ONE MORE.
THANKS. SO, GOVERNMENT CODE 1090.
THIS IS A REALLY IMPORTANT ONE.
IT CAN FEEL COMPLICATED AT TIMES BECAUSE IT IS.
I MEAN, IT'S APPLYING TO THE FACTS.
WE GET LOTS OF QUESTIONS ON IT AND THEY'RE DIFFICULT AT TIMES.
SO THERE ARE TWO COMPONENTS TO THIS LAW.
OKAY, SO WHO'S COVERED? IT'S ALL BOARD MEMBERS, OFFICERS, EMPLOYEES AND CONSULTANTS, EVEN.
WE'RE TALKING ABOUT CONTRACTS.
SO IT INCLUDES THE NEGOTIATIONS, DISCUSSIONS, REASONING.
YOU CAN'T BE INVOLVED IN PART OF THE CONTRACT AND THEN TAKE YOURSELF OUT OF IT.
THAT'S STILL INVOLVED IN THE CONTRACT UNDER 1090.
SO WHEN ARE WE GOING TO SEE A VIOLATION? IT'S FOUND WHEN THERE'S A DIRECT OR INDIRECT CONNECTION BETWEEN THE FINANCIAL INTERESTS OF THE OFFICIAL OR THE EMPLOYEE AND THE BENEFICIARY OF THE CONTRACT AND THOSE ARE DEFINED TERMS, THE FINANCIAL INTEREST IN PARTICULAR, WE'LL GET INTO MORE.
SO AS AN EXAMPLE, YOU OWN YOUR BUSINESS.
[01:55:05]
ESSENTIALLY, THIS IS A SORT OF FAMOUS CASE ON THIS, BUT YOU HAVE A FINANCIAL INTEREST, IF YOU MIGHT, PROFIT FROM IT.FOLLOW THE MONEY AS KATHY PUT IN THE SLIDE.
SHOW ME THE MONEY. FOLLOW THE MONEY FROM THAT CASE, ACTUALLY.
SO THERE ARE TWO CATEGORIES OF EXCEPTIONS THAT APPLY WHEN WE'RE TALKING ABOUT CONTRACTS.
ONE IS REMOTE INTEREST AND THE OTHER ONE IS NON INTEREST, AND SO NEXT SLIDE, PLEASE.
SO UNDER REMOTE INTEREST, WHAT HAPPENS THERE IS THAT THE PUBLIC OFFICIAL THAT HAS THE INTEREST IN THE CONTRACT, THE AGENCY CAN STILL ENTER INTO THE CONTRACT IF THE PUBLIC OFFICIAL THAT HAS THE INTEREST DISCLOSES HIS INTEREST TO THE BOARD, HIS OR HER INTEREST TO THE BOARD.
HAS IT NOTED ANY OFFICIAL RECORDS DISQUALIFIES HIMSELF OR HERSELF FROM VOTING ON THE CONTRACT AND DOES NOT INFLUENCE OR ATTEMPT TO INFLUENCE A COLLEAGUE'S VOTE ON THE MATTER? SO EXAMPLES OF THESE REMOTE INTERESTS ARE IF YOU'RE AN EMPLOYEE OF A CONTRACTING PARTY, IF YOU'RE THE ATTORNEY AGENTS OR BROKER OF A CONTRACTING PARTY OR A SUPPLIER OF GOODS OR SERVICES, OR AN OFFICER OR AN EMPLOYEE OF A NON PROFIT CORPORATION, WHICH IS THE CONTRACTING PARTY, YOU CAN THE BOARD CAN STILL ENTER INTO THAT CONTRACT AS LONG AS THAT BOARD MEMBER WITH THAT INTEREST ANNOUNCES THE INTEREST, HAS IT NOTED AND DISQUALIFIES HIMSELF, BUT ACTUALLY REMOVE THEMSELVES FROM THE VOTE ITSELF, FROM THE ROOM.
ANOTHER EXAMPLE OF A REMOTE INTEREST IS, FOR EXAMPLE, A SETTLEMENT.
SO IF ONE OF THE BOARD MEMBERS IN A SCHOOL DISTRICT HAD A STUDENT THAT WAS ATTENDING, HAD A CHILD AND THAT WAS A STUDENT OF THE SCHOOL DISTRICT THAT THEY WERE A BOARD MEMBER OF, AND FOR SOME REASON, THE BOARD MEMBER AND THE DISTRICT WANT TO ENTER A SETTLEMENT AGREEMENT ABOUT THAT STUDENT.
THEY CAN STILL ACTUALLY DO THAT, EVEN THOUGH THE BOARD MEMBER IS OBVIOUSLY INTERESTED RIGHT IN THAT CONTRACT, BECAUSE THE SETTLEMENT IS A CONTRACT, BUT ONLY IF THE BOARD IS REPRESENTED BY LEGAL COUNSEL AND THERE'S A REVIEW OF THE MERITS AND OTHER FACTS AND CIRCUMSTANCES BY THE COURT OF COMPETENT JURISDICTION AND THE INTERESTED MEMBER RECUSES HIMSELF OR HERSELF FROM PARTICIPATING IN MAKING THE AGREEMENT.
SO THERE'S ABOUT A LIST OF I THINK IT'S TEN, 12 OR 14 DIFFERENT REMOTE INTEREST EXCEPTIONS, AND THEY ALL HAVE THESE SORT OF CONDITIONS THAT YOU HAVE TO FOLLOW. NEXT SLIDE, PLEASE.
WHAT'S INTERESTING ABOUT NON INTEREST EXCEPTIONS IS THAT THE LEGISLATURE HAS DETERMINED THAT THIS LIST UNDER 1091.5 IS STATUTORILY NOT AN INTEREST, AND SO IT DOESN'T REQUIRE ABSTENTION FROM ANY OF THE INTERESTED BOARD MEMBERS AND THE BOARD ITSELF CAN ENTER INTO THE CONTRACT.
SO AN EXAMPLE OF THAT IS FOR LET'S SAY YOU TRAVEL TO THE CSBA, AND I KNOW MIKE SAID AEC, AND I THINK EVERYONE ELSE TALKS ABOUT JUST THE CSBA CONFERENCE. IT'S THE ANNUAL EDUCATION CONFERENCE THAT WE KNOW IT AS, BUT IF YOU TRAVEL TO THE CSBA CONFERENCE, FOR EXAMPLE, AND YOU WANT YOUR EXPENSES TO BE REIMBURSED BECAUSE THAT IS SOMETHING THAT YOU ARE GOING THERE AS A PERFORMANCE OF YOUR OFFICIAL DUTY WHEN THAT REIMBURSEMENT COMES ONTO YOUR BOARD AGENDA, TECHNICALLY, THAT IS A CONTRACT.
YOU HAVE AN INTEREST, RIGHT, IN HAVING YOUR EXPENSES BE REIMBURSED TO YOU, BUT BECAUSE OF THIS STATUTORY EXCEPTION, YOU DO NOT HAVE TO RECUSE YOURSELF FROM THAT VOTE.
ANOTHER EXAMPLE OF A NON INTEREST IS IF YOU HAVE A SPOUSE OF AN OFFICER OR EMPLOYEE IN HIS OR HER SPOUSE'S EMPLOYMENT OR OFFICE HOLDING, IF THE EMPLOYMENT OR OFFICE HOLDING EXISTED FOR AT LEAST ONE YEAR PRIOR TO THE ELECTION OR APPOINTMENT, AND SO IF YOU GO TO THE NEXT SLIDE, THIS DOVETAILS THAT A LITTLE BIT MORE, WHICH IS THAT.
SO IF YOU'RE A BOARD MEMBER AND YOUR SPOUSE WORKS FOR THE DISTRICT, AS LONG AS YOUR SPOUSE WORKED FOR THE DISTRICT FOR AT LEAST ONE YEAR PRIOR TO YOUR APPOINTMENT AS A BOARD MEMBER, THAT'S OKAY, THAT'S NOT AN INTEREST, BUT YOU CAN'T HAVE YOUR SPOUSE BE HIRED BY THE DISTRICT AFTER YOU'VE BECOME A BOARD MEMBER AND YOUR SPOUSE CANNOT RECEIVE A PROMOTION OR ANY KIND OF CHANGE IN THEIR EMPLOYMENT AFTER YOU BECOME A BOARD MEMBER.
BECAUSE AS MIKE SAID, YOU STILL HAVE AN INTEREST IN YOUR SPOUSE'S FINANCIAL
[02:00:04]
INTEREST. SO YOU HAVE 50% OF THAT I'M SORRY, 50% OF THE COMMUNITY PROPERTY THAT COMES INTO THE HOUSEHOLD IS YOURS UNDER THE COMMUNITY PROPERTY LAW OF CALIFORNIA.SO YOU HAVE AN INTEREST, A FINANCIAL INTEREST IN YOUR SPOUSE'S EARNINGS, AND SO YOUR SPOUSE, AFTER YOU BECOME A BOARD MEMBER, IF YOUR SPOUSE WORKS FOR THE DISTRICT, YOU CANNOT THE SPOUSE CANNOT BE PROMOTED OR YOU CAN'T ENRICH YOUR HOUSEHOLD THROUGH THAT PROMOTION OR THROUGH A CHANGE IN THE EMPLOYMENT AND MIKE, I DON'T KNOW IF YOU WANTED TO ADD ANYTHING MORE TO THAT. NO, JUST THAT IT COMES UP A LOT, ESPECIALLY IN SOME OF THE DISTRICTS AROUND CALIFORNIA.
SO ANYWAY, SO NEXT SLIDE, PLEASE.
THERE IS ALSO THIS EXCEPTION ABOUT THE RULE OF NECESSITY, WHICH MAY ALLOW THE BOARD TO ENTER THE CONTRACT, BUT THE RULE OF NECESSITY RARELY APPLIES, AND OBVIOUSLY YOU'RE GOING TO BE RECEIVING LEGAL OPINION IF YOU'RE TALKING ABOUT THAT.
THE PENALTY FOR VIOLATIONS IS $1,000 FINE OR IMPRISONMENT IN STATE PRISON, AND INDIVIDUALS CAN BE FOREVER DISQUALIFIED FROM HOLDING PUBLIC OFFICE JUST AS WHAT HAPPENED TO MR. HOENIG IN THAT CASE WE WERE TALKING ABOUT WHERE WE TALKED ABOUT FOLLOW THE MONEY.
I THINK THAT'S YOU, MIKE. SO WHEN WE TALK 1090, WE'RE TALKING ABOUT BOARD MEMBERS OR EMPLOYEES INTEREST IN A CONTRACT AND THE CONSEQUENCES ARE PRETTY STEEP.
THERE IT IS AT TIMES I THINK, KIND OF A SCARY LAW.
POLITICAL REFORM ACT IS BOTH NOT AS INTENSE BUT BROADER, IF THAT MAKES SENSE.
SO NO PUBLIC OFFICIAL AT ANY LEVEL OF STATE OR LOCAL GOVERNMENT SHALL MAKE PARTICIPATE IN MAKING OR IN ANY WAY ATTEMPT TO USE THEIR OFFICIAL POSITION TO INFLUENCE A GOVERNMENT DECISION IN WHICH THEY KNOW OR HAVE REASON TO KNOW THAT THEY HAVE A FINANCIAL INTEREST.
YOU HAVE TO FILE PUBLIC DISCLOSURE STATEMENTS.
THAT'S YOUR FORM 700 AND DESIGNATED EMPLOYEES ALSO HAVE TO FILL THEM OUT.
SO THAT INCLUDES SPOUSES AND DEPENDENT CHILDREN.
NEXT SLIDE, PLEASE. QUESTIONS TO ASK.
IS IT REASONABLY FORESEEABLE THAT THE DECISION WILL HAVE A FINANCIAL EFFECT ON ANY OF THE PUBLIC OFFICIAL'S FINANCIAL INTERESTS? WILL THE REASONABLY FORESEEABLE EFFECT BE MATERIAL? AND CAN THE PUBLIC OFFICIAL DEMONSTRATE THAT THE MATERIAL FINANCIAL EFFECT IS THE SAME AS THE EFFECT ON THE PUBLIC GENERALLY? SO IF IT'S I DON'T EVEN HAVE A GOOD EXAMPLE IN MY MIND, BUT IF IT'S A TAX THAT'S GOING TO APPLY TO EVERYONE EQUALLY, IT'S NOT SOMETHING THAT YOU NEED TO WORRY ABOUT UNDER THE POLITICAL REFORM ACT.
KATHY, IF YOU HAD A BETTER ONE, PLEASE FEEL FREE.
OH, I WAS GOING TO SAY SO FOR CITY COUNCIL, IF YOU'RE APPROVING GARBAGE RATES, FOR EXAMPLE, THAT IS SOMETHING THAT'S GOING TO HAVE A MATERIAL MAY HAVE A MATERIAL EFFECT ON YOUR HOUSEHOLD, BUT IT'S GOING TO BE THE SAME AS IT APPLIES TO THE PUBLIC GENERALLY.
SO THAT ISN'T SOMETHING THAT YOU NEED TO RECUSE YOURSELF FROM.
SO WHEN WE TALK ABOUT ECONOMIC INTERESTS, IT'S A TERM THAT SEEMS HARD TO DEFINE AND HARD TO LIMIT TO SOME EXTENT, BUT THE FPPC DOES HAVE REGULATIONS THAT PROVIDE HELPFUL DEFINITIONS HERE.
[02:05:03]
TO WHAT ARE WE, 590 NOW? YEAH. SO THE GIFT LIMIT GOES UP EVERY COUPLE OF YEARS.IT MAKES SENSE THAT IT'S MAKING A BIGGER JUMP WITH INFLATION INTEREST IN A BUSINESS ENTITY FOR WHICH THE PUBLIC OFFICIAL IS AN OFFICER, DIRECTOR OR EMPLOYEE, IRRESPECTIVE OF INCOME, AND THEN INTERESTS IN PERSONAL FINANCES OF THOSE OF HIS OR HER IMMEDIATE FAMILY, SPOUSE OR DEPENDENT CHILDREN.
NEXT SLIDE, PLEASE. SO YOUR PROHIBITED INTEREST DOES NOT BAR THE BOARD FROM ACTING, THOUGH, AND THIS IS AN IMPORTANT DISTINCTION BETWEEN 1090 WHEN YOU HAVE AN INTEREST IN A CONTRACT AND THE POLITICAL REFORM ACT, THE BOARD CAN STILL ACT EVEN IF YOU HAVE A FINANCIAL INTEREST IN THE GOVERNMENT DECISION BUT YOU HAVE TO BE YOU CAN'T BE INVOLVED IN THE MAKING THAT DECISION.
THAT'S TRUE FOR AN EMPLOYEE AS WELL.
THE FACT OF DISQUALIFICATION NEEDS TO BE MADE PUBLIC.
SO YOU ANNOUNCE THE FINANCIAL INTEREST THAT CREATES A CONFLICT.
YOU LEAVE THE ROOM UNTIL AFTER THE DISCUSSION AND VOTE AND ANY OTHER DISPOSITION OF THE MATTER IS CONCLUDED AND THE PUBLIC OFFICIAL CAN SPEAK ON THE ISSUE FROM THE FLOOR, NOT FROM THE DAIS WHEN THE GENERAL PUBLIC SPEAKS ON IT.
SO REALLY, THIS IS LIKE WE'RE PUTTING BARRIERS IN PLACE TO BOTH ENSURE THAT YOU DON'T IMPACT THAT GOVERNMENT DECISION IN WHICH YOU HAVE A MATERIAL FINANCIAL INTEREST, AND TO GIVE THE PUBLIC THIS SENSE THAT THIS BOARD MEMBER, THIS IS THEIR CONFLICT, THEY'RE NOW SEPARATED FROM IT AND DON'T GET TO PARTICIPATE IN THIS DECISION.
YEAH, AND SO THIS IS ONE OF THE NEW LAWS THAT WE'RE GOING TO BE TALKING ABOUT TONIGHT.
WE HAVE TWO NEW LAWS IN THIS AREA, AND SO THIS ONE IS AB 1439, WHICH IS REFERRED TO AS PAY TO PLAY, AND SO WHAT THIS LAW SAYS IS THAT BEGINNING JANUARY 1ST OF 2023, THE POLITICAL REFORM ACT WILL REQUIRE WHILE A PROCEEDING IS PENDING, AND FOR 12 MONTHS FOLLOWING THE DATE OF THE FINAL DECISION, A LOCAL OFFICIAL MAY NOT ACCEPT, SOLICIT OR DIRECT A CONTRIBUTION OF MORE THAN $240 FROM A PARTY OR PARTICIPANT.
IF THE LOCAL OFFICIAL KNOWS OR HAS REASON TO KNOW THAT THE PARTICIPANT HAS A FINANCIAL INTEREST IN THAT DECISION, THE PROHIBITION APPLIES REGARDLESS OF WHETHER THE OFFICIAL ACCEPTS, SOLICITS OR DIRECTS THE CONTRIBUTION OF THE PARTY'S BEHALF.
ANY LOCAL OFFICIAL WHO RECEIVED A CONTRIBUTION OF MORE THAN $250 DURING THE PRECEDING 12 MONTHS FROM A PARTY TO A CONTRACT OR ITS AGENTS OR FROM THE PARTICIPANT WHO IS INVOLVED WITH THE CONTRACT MUST DISCLOSE THAT FACT PRIOR TO RENDERING ANY DECISION IN THAT PROCEEDING.
A LOCAL OFFICIAL SHALL NOT MAKE PARTICIPATE IN MAKING OR ATTEMPT TO INFLUENCE A DECISION IF THE OFFICER KNOWS I'M SORRY IF THE OFFICER KNOWINGLY OR WILLFULLY RECEIVED A CONTRIBUTION OF MORE THAN $250 IN THE PRECEDING 12 MONTHS.
IF THE LOCAL OFFICIAL RECEIVES A DISQUALIFYING CONTRIBUTION AND RETURNS THE CONTRIBUTION WITHIN 30 DAYS FROM THE TIME THE OFFICIAL KNOWS OR SHOULD HAVE KNOWN OF THE CONTRIBUTION, THE OFFICIAL WILL BE PERMITTED TO PROCEED TO PARTICIPATE IN THE PROCEEDINGS.
IF THE LOCAL OFFICIAL ACCEPTS, SOLICITS OR DIRECTS THE CONTRIBUTION OF MORE THAN $250 IN THE 12 MONTHS, AND I SHOULD HAVE SAID ON THE FIRST SLIDE IT SHOULD BE 250 NOT TO 40, BUT $250.
IF A LOCAL OFFICIAL ACCEPTS, SOLICITS OR DIRECTS A CONTRIBUTION OF MORE THAN $250 IN THE 12 MONTHS FOLLOWING THE CONCLUSION OF THE PROCEEDING, THE OFFICIAL MAKE CURE THE VIOLATION BY RETURNING THE CONTRIBUTION WITHIN 14 DAYS OF ACCEPTING, SOLICITING OR DIRECTING THE CONTRIBUTION, SO LONG AS THE OFFICIAL DID NOT KNOWINGLY OR AND WILLFULLY ACCEPT, SOLICIT OR DIRECT THE PROHIBITION, THE PROHIBITED CONTRIBUTION.
A PARTY TO A PROCEEDING BEFORE AN AGENCY SHALL DISCLOSE ON THE RECORD OF THE PROCEEDING ANY CONTRIBUTION GREATER THAN $250 MADE WITHIN THE PRECEDING 12 MONTHS BY THE PARTY OR THE PARTY'S AGENCY.
SO A PARTY TO A CONTRACT PENDING BEFORE AN AGENCY SHALL NOT MAKE A CONTRIBUTION OF MORE THAN $250 TO A LOCAL OFFICIAL DURING THE PROCEEDING, AND FOR THE 12 MONTHS FOLLOWING THE FINAL DECISION OF THE PROCEEDING, AND APPLIES ONLY TO CONTRIBUTIONS MADE OR RECEIVED AFTER THE LAW BECAME EFFECTIVE IN JANUARY ONE OF 2023, AND SO NEXT SLIDE, PLEASE.
SO FOR DECADES, THE COURTS HAVE REFUSED TO DEEM DULY REPORTED CAMPAIGN CONTRIBUTIONS A CONFLICT OF INTEREST BASED ON THE RATIONALE THAT POLITICAL CONTRIBUTIONS WERE AN EXERCISE OF FUNDAMENTAL CONSTITUTIONAL FREEDOMS. HOWEVER, NOW AB 1439 REPRESENTS AN EFFORT TO PROTECT PUBLIC INTEREST BY ADDRESSING WHAT THE LEGISLATURE DETERMINED WAS
[02:10:01]
A LONG STANDING, WELL DOCUMENTED AND REAL PROBLEM OF PAY TO PLAY POLITICAL PRACTICES.SO A VERSION OF THIS LAW DID APPLY PRIOR TO JANUARY ONE OF 2023 TO APPOINTED OFFICIALS AND SO SOMEONE'S LIKE THE PLANNING COMMISSION OF A LOCAL AGENCY, FOR EXAMPLE, THOSE PLANNING COMMISSIONERS ARE APPOINTED BY THE LOCAL AGENCY, AND SO APPOINTED OFFICIALS HAD TO COMPLY WITH THIS LAW, BUT IT WAS ONLY A THREE MONTH WINDOW WHILE A DECISION WAS BEFORE A DECISION WAS MADE AND AFTER THE DECISION WAS FINAL, BUT NOW THIS LAW EXTENDS THAT FROM THREE MONTHS TO 12 MONTHS, AND NOW IT APPLIES TO NOT ONLY APPOINTED OFFICIALS, BUT ELECTED OFFICIALS.
SO THIS IS A BIG CHANGE, AND WE WANTED EVERYONE TO MAKE SURE THAT THEY WERE AWARE OF IT.
THE FPPC HAS DECIDED THAT THIS LAW WOULD BE EFFECTIVE MOVING FORWARD.
SO NOT LOOKING AT CONTRIBUTIONS IN THE PAST, BUT THE LAW DOESN'T DO THAT.
THE FPPC, WHICH IS THE AGENCY THAT IS TASKED WITH MONITORING OR REGULATING THIS NEW LAW, HAS DECIDED THAT IT WILL BE CONTRIBUTIONS STARTING JANUARY ONE AND GOING FORWARD.
NEXT SLIDE, PLEASE. ALL RIGHT, AND SO IN TERMS OF ENFORCEMENT FOR THE POLITICAL REFORM ACT VIOLATIONS, IT'S THE ATTORNEY GENERAL, THE FPPC, WHICH IS THE FAIR POLITICAL PRACTICES COMMISSION AND DISTRICT ATTORNEYS ARE AUTHORIZED TO INFORM ENFORCE THE POLITICAL REFORM ACT THROUGH CRIMINAL SANCTIONS, CIVIL LIABILITY AND CIVIL PENALTIES, A FINE OF UP TO GREATER THAN 1000 OR THREE TIMES THE AMOUNT OF THE BENEFIT, THE AMOUNT OF THE PERSON FAILED TO REPORT OR UNLAWFULLY CONTRIBUTED, EXPENDED OR GAVE OR RECEIVED MAY BE IMPOSED UPON CONVICTION AND THE FPPC, AS WE SAY AT THE END, THEY DO HAVE ADVICE.
YOU CAN ASK FOR A FORMAL WRITTEN OPINION.
IF YOU DO GET A FORMAL WRITTEN OPINION IN YOUR FAVOR, IT WILL CONFER IMMUNITY FROM A LIABILITY UNDER POLITICAL REFORM ACT, WHICH IS VERY NICE AS WELL, AND THEN NEXT SLIDE, PLEASE.
THE LAST LAW, IF YOU WILL, THAT WE TALK ABOUT IS, UNDER COMMON LAW, CONFLICTS OF INTEREST, WHICH THE BASIC PRINCIPLE IS THAT PUBLIC OFFICIALS ARE OBLIGATED WHEN ACTING IN THEIR OFFICIAL CAPACITY TO DISCHARGE THEIR RESPONSIBILITIES WITH INTEGRITY AND FIDELITY, AND THAT MEANS NOT SERVING TWO MASTERS AT ONCE.
THAT'S A COMMON STATEMENT, AND SO THIS IS AN EXAMPLE HERE.
SO IT'S NOT ACTUALLY A POLITICAL REFORM ACT PROBLEM BECAUSE HE DOESN'T OWN THE PROPERTY AT ALL.
HE LEASES THE PROPERTY, AND WHAT HAPPENED WAS THERE WAS A DEVELOPMENT PROJECT RIGHT OUTSIDE OF HIS LEASED RESIDENCE AND HE VOTED AGAINST THE DEVELOPMENT PROJECT BECAUSE IT WOULD ADVERSELY AFFECT THE VIEW OF HIS LEASED RESIDENCE AND I BELIEVE THAT WHILE HE WAS VOTING, HE WAS SAYING WHY HE WAS VOTING, WHICH WAS THAT IT WAS GOING TO AFFECT HIS VIEW, AND SO HE DENIED THE PROJECTS, AND SO GUESS WHAT? THEY GOT SUED AND THE COURT FOUND THAT THERE WAS A COMMON LAW CONFLICT OF INTEREST BECAUSE HE WAS SERVING HIS OWN INTEREST WHEN HE VOTED TO DENY THE DEVELOPMENT, NOT THE INTEREST OF THE PUBLIC AGENCY, AND SO THIS IS SORT OF THE CATCH ALL PHRASE AT THE END OR CATCH ALL LAW, IF YOU WILL, AT THE END, THAT IF YOU'RE NOT VOTING PURELY IN THE INTEREST OF THE PUBLIC AGENCY, THEN YOU MIGHT WANT TO CONSIDER RECUSING YOURSELF OR ABSTAINING.
NEXT SLIDE, PLEASE, AND I THINK THAT'S BACK TO MIKE.
I THINK AS LAWYERS, WHEN WE GIVE THIS PRESENTATION, YOU KNOW, SOMETIMES WE TRY TO SOUND A LITTLE DOOM AND GLOOM TO NAVIGATE THE SERIOUSNESS OF THIS, AND SOMETIMES IT'S HARD TO FIND THE RIGHT EQUILIBRIUM.
ECONOMIC INTEREST DISCLOSURE, YOUR FORM 700 STARTS LIKE THIS.
THE SUPERINTENDENT, BOARD MEMBER ACCEPTED INVITATIONS.
GET ON THE BUS, GO TO A NICE DINNER SPONSORED BY A SCHOOL VENDOR.
[02:15:08]
NEXT SLIDE, PLEASE.GIFTS, WHY DO WE CARE? SO THERE ARE LEGAL LIMITS ON GIFTS AND CONSEQUENCES FOR VIOLATIONS UNDER THE POLITICAL REFORM ACT.
THERE IS THE RISK FOR POTENTIAL CONFLICTS OF INTERESTS.
THE GIFTS HAVE TO BE TRACKED AND REPORTED, AND THEN THERE'S THE APPEARANCE OF IMPROPRIETY.
GENERALLY, AS BOARD MEMBERS, YOU CAN ACCEPT GIFTS.
YOU JUST CAN'T ACCEPT THEM WITHIN A CALENDAR YEAR OR A 12 MONTH PERIOD OVER THE GIFT LIMIT, AND I THINK IN OUR GENERAL LIVES, WE DON'T USUALLY ASK SOMEONE HOW MUCH THE GIFT THEY GOT US WAS AS BOARD MEMBERS.
IT'S ABSOLUTELY SOMETHING YOU SHOULD BE DOING.
A GOOD PRACTICE AND SOMETHING THAT OUR FIRM DOES AND WE DO IT IS PROVIDE THEM WITH A RECEIPT.
IT'S ABSOLUTELY A GOOD AND EFFECTIVE PRACTICE.
IT'S ACTUALLY PRETTY GOOD. IT'S SIMPLE, BUT IT'S WELL DONE.
ALL SORTS OF THINGS FALL UNDER GIFTS.
SO YOU DON'T NEED TO REPORT EVERYONE'S CHRISTMAS GIFTS IN THAT WAY.
IF YOU GET FOUR $15 GIFTS, YOU STILL THEN NEED TO REPORT THAT IF YOU ONLY GOT $30 WORTH OF GIFTS.
THE FPPC IS NOT WORRIED ABOUT THAT.
YOU DON'T HAVE TO REPORT. YOU CANNOT RIGHT NOW ACCEPT GIFTS WITHIN FROM ONE SOURCE WORTH MORE THAN $520 IN A SINGLE CALENDAR YEAR.
LITTLE EXCEPTION FOR WEDDING GIFTS.
THEY CAN EXCEED THE ANNUAL GIFT VALUE AND YOU REPORT THEM AT HALF THEIR VALUE, AND AS WE STATED EARLIER, SO THIS WAS THE GIFT LIMIT FOR JANUARY 20TH, 2021 TO DECEMBER 31ST, 2022, AND IT'S A GIFT LIMIT THAT'S SET EVERY TWO YEARS AND IT'S ADJUSTED PER THE CONSUMER PRICE INDEX AND SO FOR THIS YEAR, STARTING IN JANUARY 2023, GOING TO DECEMBER OF 2024, IT'S $590.
SO IT JUMPED UP FROM $520 TO $590.
SO GIFTS ARE NOT CAMPAIGN CONTRIBUTIONS.
IT'S ALSO NOT ADMISSION, FOOD OR MINIMAL ITEMS WHEN YOU'RE MAKING A SPEECH.
A FEW MORE. IT'S NOT HOME HOSPITALITY.
IF YOU STAY AT A FRIEND'S HOUSE, YOU DON'T HAVE TO REPORT THAT.
ACTS OF NEIGHBORLINESS OR HUMAN COMPASSION ARE NOT GIFTS.
YOU DON'T NEED TO START REPORTING EVERY GIFT YOU'VE GOTTEN IN THE PAST ONCE YOU BECOME A TRUSTEE.
DATING RELATIONSHIPS, WEDDING ATTENDANCE AND CERTAIN TRAVEL AND LODGING.
STILL ME? NO, IT'S ME. SO THERE ARE EXCEPTIONS.
DIFFERENT WITH THE PAY TO PLAY.
AGAIN, THAT'S FORWARD LOOKING, BUT ANYWAY, THERE'S NO YOU DON'T HAVE TO REPORT A GIFT.
IF YOU RETURN THE GIFT TO THE DONOR WITHIN 30 DAYS, YOU DON'T HAVE TO REPORT A GIFT.
IF YOU GIFT THE GIFT TO 501(C)(3) CHARITY WITHIN 30 DAYS.
SO, FOR EXAMPLE, YOU COULD GIVE THE GIFT TO THE CSBA FOUNDATION PART OF IT, OR
[02:20:07]
A FOUNDATION, BUT YOU OR YOUR FAMILY MEMBER CAN'T HOLD A POSITION WITHIN THE WITH THE CHARITY, AND YOU ALSO DON'T HAVE TO REPORT THE GIFT IF YOU REIMBURSE THE DONOR.LET'S SAY IT'S SOMETHING YOU REALLY LIKE AND YOU WANT TO KEEP AND STUFF LIKE THAT, BUT YOU HAVE TO YOU JUST HAVE TO REIMBURSE THE DONOR WITHIN 30 DAYS IF YOU WANT TO KEEP THE GIFT. NEXT SLIDE, PLEASE, AND NOT REPORT IT.
AN OFFICIAL WHO DROPS IN AND CONSUMES MINIMAL APPETIZERS AND DRINKS, AND I THINK IN THE REGULATIONS, THEY TALK ABOUT LIKE THREE SHRIMP AND A GLASS OF WINE, FOR EXAMPLE, THAT WOULD NOT BE CONSIDERED A GIFT, AND ALSO THE COST OF ENTERTAINMENT, IF IT'S JUST SORT OF BACKGROUND MUSIC IS NOT CONSIDERED PART OF THE GIFT.
IF IT'S A TICKET TO AN EVENT, YOU'RE LOOKING AT THE FACE VALUE OF THE TICKET AND ONLY IF YOU USE IT OR YOU TRANSFER IT, MEANING THAT YOU GIVE IT TO SOMEONE ELSE TO USE, THEN IT'S A GIFT TO YOU.
NEXT SLIDE, PLEASE. SO THE FORM SEVEN--OH, NO.
JUST REALLY QUICKLY, FORM 700 REQUIRES DISCLOSURE OF PERSONAL FINANCIAL INTERESTS, INCLUDING INCOME.
YOU DO SIGN IT UNDER PENALTY OF PERJURY.
IF YOU HAVEN'T ALREADY, ALTHOUGH I THINK ALL OF YOU HAVE.
THE FPPC WEBSITE IS A GREAT PLACE TO GET IT.
YOU CAN FIND AMENDMENTS IF YOU MAKE A MISTAKE AND YOU JUST NEED TO FILE THE AMENDED PART.
I THINK THIS IS STILL ME. SO ACCEPTANCE OF GIFTS ABOVE THE GIFT LIMIT DURING THE 12 MONTH PERIOD DISQUALIFIES AN OFFICIAL FROM PARTICIPATING IN DECISIONS INVOLVING THE SOURCE OF THE GIFT, AND THEN THERE'S A ROLLING 12 MONTH PERIOD MEASURED FROM THE DECISION INVOLVING THE SOURCE OF THE GIFT.
THESE ARE MORE COMPLICATED ONES HONORARIA, MASS MAILINGS, [INAUDIBLE] PAYMENTS AND TRAVEL THAT WE'RE NOT GOING TO GO INTO DETAIL HERE, BUT IF YOU HAVE QUESTIONS, SOMETHING TO ASK YOUR LEGAL COUNSEL ON.
YOU MIGHT RECALL, AB 1234 TRAINING THAT IS PROVIDED FOR, REQUIRED FOR CITY COUNCIL MEMBERS, FOR EXAMPLE, A COUNTY BOARD OF SUPERVISORS.
THAT CAME INTO EFFECT IN 2005, WHICH WAS LIKE YESTERDAY TO ME, BUT ONE OF THE THINGS THAT SCHOOL BOARD MEMBERS AND COUNTY OFFICE OF EDUCATION BOARD MEMBERS WERE EXEMPTED FROM THAT CHARTER SCHOOL BOARD MEMBERS AS WELL, I THINK BECAUSE THE STATE DIDN'T WANT TO BE RESPONSIBLE FOR HAVING TO PAY FOR THE COST OF THE TRAINING, BUT ACTUALLY SO NOW UNDER AB 2158, THE AB 1234 TRAINING HAS BEEN EXPANDED TO INCLUDE SCHOOL BOARD MEMBERS, COUNTY OFFICE OF EDUCATION, BOARD MEMBERS AND CHARTER SCHOOLS AND YOU MIGHT ASK, WILL THIS TRAINING BE SUFFICIENT? ACTUALLY, NO, AND I'LL TALK ABOUT THAT IN JUST ONE MOMENT.
THE NEW LAW REQUIRES COMPLETION OF ETHICS TRAINING BY DISTRICT, COUNTY OFFICE AND CHARTER SCHOOL BOARD MEMBERS, REGARDLESS OF WHETHER THEY RECEIVE COMPENSATION OR EXPENSE REIMBURSEMENT, AND IT APPLIES TO EMPLOYEES DESIGNATED BY A LOCAL AGENCY AS WELL.
THAT'S WHY THIS ONE DOESN'T QUALIFY, BUT IT'S OAY, LET ME EXPLAIN THAT.
[02:25:05]
NEXT SLIDE, PLEASE.SO IT APPLIES TO GOVERNING BOARD MEMBERS SERVING AS OF JANUARY 1ST OF 2025.
THOSE GOVERNING BOARD MEMBERS MUST RECEIVE THE 2 HOURS OF TRAINING BY JANUARY ONE OF 2026.
IT DOES NOT APPLY TO MEMBERS WHOSE TERM ENDS AS OF JANUARY ONE OF 2026, AND THERE IS A REQUIRES A COURSE PROVIDER TO PROVIDE PROOF OF PARTICIPATION, A CERTIFICATE FOR HAVING TAKEN THE TRAINING.
SO YOU HAVE SOME TIME, BUT YOU ARE NOW BEING ADDED TO THE AB 1234 TRAINING FOR ETHICS FROM HERE ON OUT. NEXT SLIDE, PLEASE, AND SO THIS IS OUR LAST SLIDE.
THEY ALSO HAVE THIS CONFIDENTIAL HOTLINE, LIKE I SAID.
SO ARE THERE ANY QUESTIONS ON THIS HIGH LEVEL OVERVIEW OF THE ETHICS OR CONFLICTS OF INTEREST? NO. OKAY, THANK YOU.
NO ONE ELSE HAD ANY QUESTIONS.
I FIGURED I MIGHT AS WELL ASK ONE.
WITH RESPECT TO GIFTS, WHAT ABOUT IF WE WERE GIVEN A SEAT AT AN EVENT? SO I'M THINKING OF, YOU KNOW, SOME OF THESE BREAKFASTS OR LUNCHEONS THAT WE GET INVITED TO AS ELECTED OFFICERS, BUT THROUGH KIND OF A SOCIAL CONNECTION, YOU KNOW, FOR INSTANCE, AND SO ARE THOSE KINDS OF EVENTS CONSIDERED A GIFT? I'LL LET YOU ANSWER THAT FIRST.
OKAY, MIKE, DO YOU WANT TO TAKE THAT ONE? SO THIS IS YOU'RE GETTING AN INVITATION, YOU FEEL LIKE BECAUSE YOU'RE A PUBLIC OFFICIAL OR AS A FRIEND ? IT'S COMPLICATED. YEAH, IT'S COMPLICATED.
I MEAN, YOU KNOW, I'VE MADE A LOT OF FRIENDS BECAUSE I'M A PUBLIC OFFICIAL, SO, YOU KNOW.
YEAH, AND I THINK IT HIGHLIGHTS SOMETHING THAT THERE'S SORT OF GRAY AREAS AT TIMES.
I WOULD ERR ON THE SIDE OF REPORTING IF SOMEONE'S PAYING FOR THAT LUNCH AND IT'S OVER $50 THAT I WOULD INCLUDE THAT ON MY FORM 700.
THE ONLY DIFFERENCE IS IF YOU HAVE AN OFFICIAL ROLE LIKE YOU'RE CUTTING A RIBBON OR YOU'RE GIVING A SPEECH, THEN YOU DON'T HAVE TO REPORT IT BECAUSE IT'S NOT A GIFT, IT'S AN OFFICIAL. IT'S SOMETHING YOU'RE DOING AS PART OF YOUR OFFICIAL TRUSTEE DUTIES.
SO IT'S THAT DICHOTOMY BETWEEN THE TWO, I THINK.
RIGHT, SO JUST AS AN EVEN MORE SPECIFIC EXAMPLE, IF A LOCAL LEGISLATOR HAS ONE OF THOSE HONORING SOME KIND OF SOMETHING OR ANOTHER EVENT AND I GET INVITED FOR ESSENTIALLY A FREE MEAL, THEN IS THAT CONSIDERED A GIFT? HOW DO I TELL HOW MUCH THE TICKET OR WORTH OF THE MEAL IS IF I'M JUST INVITED AND I, YOU KNOW, DON'T EVEN HAVE TO PAY A TICKET OR THERE ISN'T ANY TICKET INVOLVED.
SO IF IT'S NOT ON THE TICKET ITSELF OR IF IT'S NOT ON THE ADVERTISEMENT OF THE EVENT, THEN WHAT YOU NEED TO DO IS JUST ASK WHAT IS THE VALUE OF THIS OF THE PRO RATA SHARE OF YOUR FOOD, AND SO IF IT'S UNDER $50, IT WOULD NOT BE CONSIDERED A GIFT.
UNLESS YOU GET MULTIPLE INVITATIONS BY THAT SINGLE SOURCE, THEN YOU THEN YOU WOULD AGGREGATE IT.
SO LET'S SAY THERE'S 12 SPONSORS, AND SO THE VALUE OF EACH SPONSORS COST FOR THE FOOD THAT YOU'RE EATING IS UNDER $50, THEN YOU WOULDN'T IT'S NOT A GIFT.
THE WHOLE POINT ON THIS LAW IS THAT YOU CAN'T ENRICH YOURSELF SIMPLY BECAUSE YOU ARE A TRUSTEE AND BECAUSE YOU'RE ELECTED TO DO OFFICIAL DUTY OF PUBLIC.
[02:30:10]
BY THESE OTHER SOURCES OR OUTSIDE YOUR PUBLIC OFFICIAL DUTIES SIMPLY BECAUSE OF BEING A TRUSTEE.THAT'S THE WHOLE POINT OF THE LAW, AND THERE ARE TIMES WHERE THAT FEELS A LITTLE SILLY, ALMOST LIKE THIS IS NOT WHAT THEY'RE WORRIED ABOUT, BUT ERRING ON THE SIDE OF REPORTING IS ALWAYS A GOOD WAY TO GO.
YEAH, AND THAT ONE NEWSPAPER REPORTING THAT WE TALKED ABOUT WITH REGARD TO THOSE TRUSTEES, WHAT HAPPENED THERE WAS THAT MY UNDERSTANDING IS THAT I BELIEVE THE FPPC ISSUED A SUBPOENA FOR THE EXPENSE REPORTS OF ALL FOR THE COMPANY THAT WAS SPONSORING THE EVENT, AND SO THEY WERE EXPENSING, RIGHT.
THE NUMBER OF PEOPLE THAT THEY HAD INVITED TO THE EVENT, AND THEN THEY COMPARED THOSE OFFICIALS WITH THEIR FORM 700 AND THE EXPENSE REPORTS THAT WERE BEING PAID FOR THESE EVENTS THAT WERE BEING PAID FOR FOR THE OFFICIAL AND SO THAT'S HOW THEY FOUND THE LARGE EVENT AND THE NUMBER OF PEOPLE THAT DIDN'T REPORT THOSE GIFTS, EVEN THOUGH IT'S A MEAL, IT'S A GIFT. THANK YOU.
SURE. ARE THERE ANY OTHER QUESTIONS, TRUSTEES? OKAY, THANK YOU FOR THE INFORMATION.
ANNUAL TRAINING IS AN IMPORTANT PART OF OUR DUTIES AS TRUSTEES, AND I APPRECIATED THE PRESENTATION.
SO THANK YOU FOR THE OPPORTUNITY.
HAPPY NEW YEAR. OKAY, THANK YOU.
[8. CLOSED SESSION]
WE WILL NOW TRANSITION TO OUR CLOSED SESSION.THE BOARD IS ABOUT TO ENTER INTO CLOSED SESSION.
CLOSED SESSION INVOLVES CONFIDENTIAL INFORMATION.
ONCE IN CLOSED SESSION, I WILL CALL THE CLOSED SESSION TO ORDER AND REQUEST THAT EACH TRUSTEE STATE THEIR NAME TO RECORD WHO IS IN ATTENDANCE TO AFFIRM AN UNDERSTANDING OF THE PARAMETERS FOR THE CONDUCT OF BUSINESS IN THE CLOSED SESSION.
EACH TRUSTEE IN OUR RESPECTIVE LOCATIONS SHALL ENSURE PRIVACY.
OUR CLOSED SESSION AGENDA ITEM INCLUDES TWO ITEMS. ONE, CONFERENCE WITH COUNTY SUPERINTENDENT OF SCHOOLS THREAT TO PUBLIC SERVICES OR FACILITIES.
GOVERNMENT CODE SECTION 54957(A) AND TWO, CONFERENCE WITH LEGAL COUNSEL.
ANTICIPATED LITIGATION INITIATION OF LITIGATION PURSUANT TO PARAGRAPH FOUR OF SUBDIVISION D OF GOVERNMENT CODE SECTION 54956.91 CASE.
THE BOARD WILL NOW ENTER INTO CLOSED SESSION.
WE WILL RETURN IN ABOUT 40 MINUTES.
SO APPROXIMATELY OR AFTER 8:20 P.M..
OKAY, GREAT. ALL RIGHT, THANK YOU, EVERYBODY.
[9. OPEN SESSION (Immediately Following Closed Session)]
THERE IS ONE REPORTABLE ACTION ON THE FIRST AGENDA ITEM.WE WANTED TO ANNOUNCE THAT THE BOARD WILL RETURN TO IN-PERSON MEETINGS BEGINNING OUR FEBRUARY 1ST MEETING, AND FOR THE SECOND AGENDA ITEM, THERE ARE NO REPORTABLE ACTIONS.
[10. CONSENT ACTION ITEMS]
H. SO MOVED.SO A MOTION MADE BY TRUSTEE DI SALVO AND A SECOND BY TRUSTEE ROCHA, AND THAT'S REMOVING TWO OF THE ITEMS THAT YOU REQUESTED, CORRECT? CORRECT. YES, I PULLED THOSE.
THANK YOU. TRUSTEES GO AHEAD AND VOTE IN BOARD DOCS.
PLEASE LET ME KNOW IF YOU NEED A VERBAL PLEASE.
VERBAL AYE FROM TRUSTEE DI SALVO.
THANK YOU. THANK YOU, AND THAT PASSES WITH SEVEN AYES.
THANK YOU. NOW TO BRING OUR NEXT ACTION ITEM, WHICH IS ACTION ITEM
[I. Request Adoption of Resolution Recognizing Korean American Day]
10I. THANK YOU.WHICH IS THE RESOLUTION RECOGNIZING KOREAN-AMERICAN DAY.
TRUSTEE MAH, DID YOU WANT TO SPEAK ON IT OR? ACTUALLY, I WANT TO JUST MAKE A COMMENT ON THE CONSENT ITEMS THAT WE ALREADY PASSED AND APPROVED.
OH, SURE. JUST A LITTLE COMMENT WITH REGARDS TO THE MINUTES.
THE MINUTES, AS STATED ARE CORRECT, BUT I WANTED TO JUST TAKE NOTE THAT THE ONLINE VIDEO OF
[02:35:03]
OUR DECEMBER 15TH MEETING ACTUALLY HAS AN ERROR IN THE DOCUMENTATION OF WHAT HAPPENED IN THE MEETING, AND SO THE MINUTES AS DESCRIBED WITH THE VIDEO ARE NOT COMPLETE AS IN THERE'S ONE ITEM THAT'S KIND OF OFF.SO I CAN SEND A SEPARATE NOTE TO CARMEN PERHAPS ON THAT.
TO CORRECT THAT? YEAH, TO CORRECT THAT.
OKAY, THANK YOU. OKAY, THANK YOU, TRUSTEE MAH.
CARMEN, WILL THAT WORK? OKAY, AND SOMETHING IN THE MINUTES DOESN'T MATCH THE VIDEO.
SO TRUSTEE MAH WILL SEND YOU AN EMAIL TOO FOR THE CORRECTION.
IF I COULD REQUEST THE TRUSTEE MAH SEND IT TO ME.
TRUSTEE MAH, DOES THAT SOUND GOOD? OKAY, THANK YOU.
THANK YOU. THANK YOU. OKAY, THANK YOU.
OKAY, MOVING ON TO AGENDA ITEM 10A, THE ADOPTION OF RESOLUTION RECOGNIZING KOREAN AMERICAN DAY.
KOREAN AMERICAN DAY WAS THIS PAST MONDAY.
FOR THOSE OF YOU THAT DO OR DO NOT KNOW, I AM KOREAN AND A KOREAN-AMERICAN.
I WAS BORN HERE AND MY GRANDPARENTS AND PARENTS IMMIGRATED HERE MANY YEARS AGO.
WHEN I WENT TO ELEMENTARY SCHOOL, I COULD PROBABLY COUNT THE KOREAN STUDENTS ON ONE OR TWO HANDS, AND I GREW UP WITH MANY OF MY CLASSMATES NOT EVEN KNOWING WHAT KOREA WAS, NOT EVEN KNOWING IT WAS A COUNTRY AND, YOU KNOW, JUST GETTING GROUPED IN AS AN ASIAN STUDENT, AND NOW KOREAN CULTURE HAS BEEN SO POPULARIZED WITH OUR FOOD, OUR OUR OUR MUSIC, OUR DRAMA, AND IT'S JUST SO HEARTWARMING TO SEE THAT THE LOVE OF OUR CULTURE JUST BEING SHARED AROUND OUR COUNTY AND IN SCHOOLS AND ALSO JUST HAVING A DAY TO COMMEMORATE THIS, AND THIS WAS COMMEMORATED IN 2003, BUT IT'S SOMETHING THAT I JUST HOPE WE CAN CONTINUALLY TALK ABOUT, JUST ANY WAY THAT WE CAN HIGHLIGHT A STUDENT'S CULTURES, YOU KNOW, ANOTHER WAY TO JUST MAKE THEM PROUD AND ULTIMATELY JUST CONTINUALLY SUPPORTING A SAFE ENVIRONMENT FOR ALL OF OUR STUDENTS AND BEING PROUD OF WHO THEY ARE.
IF THERE'S ANY OTHER COMMENTS.
TRUSTEE MAH, YOUR HAND'S UP, BUT I DON'T KNOW IF THAT'S UP FROM EARLIER.
OKAY, THANK YOU. SO I WOULD APPRECIATE THE SUPPORT FROM OUR BOARD TO PASS THIS RESOLUTION.
I WILL GO AHEAD AND MAKE THE MOTION TO PASS OR ACCEPT THE RESOLUTION, IF I CAN HAVE A SECOND.
SECOND. THANK YOU, TRUSTEE LARI.
ALL RIGHT, THANK YOU, TRUSTEE DI SALVO.
I DON'T HAVE MY BOARD DOC, EITHER.
GOT IT. THANK YOU, TRUSTEE MAH . THAT PASSES WITH SEVEN AYES.
THANK YOU, AND MOVING ON TO ITEM 10J THE ADOPTION OF THE RESOLUTION HONORING LUNAR NEW YEAR.
[J. Request Adoption of Resolution Honoring Lunar New Year]
I ALSO PULLED THIS RESOLUTION, BUT I WANTED TO HIGHLIGHT THE GREAT STRIDES WE'RE MAKING AS A STATE.IF YOU DID NOT KNOW AB 2596--I HAD TO LOOK THIS UP EARLIER--COMMEMORATES LUNAR NEW YEAR NOW AS A STATE HOLIDAY, AND SO THAT HAS JUST PASSED THIS PAST OCTOBER.
SO I THINK THAT IS AMAZING AND I'M REALLY HAPPY TO SEE THAT, AND JUST AGAIN, HONORING DIFFERENT CULTURES, ESPECIALLY OF OUR ASIAN STUDENTS, AND SO I JUST WANTED TO BRING THAT FORWARD AND JUST SAY I'M SO PROUD OF US FOR DOING THAT, JUST REALLY REPRESENTING THE STUDENTS IN OUR COUNTY, AND IF YOU DID NOT KNOW, LUNAR NEW YEAR IS THIS WEEKEND. SO HAPPY NEW YEAR, EARLY NEW YEAR TO ALL OF THOSE WHO DO CELEBRATE AND IF YOU DON'T, I STILL HOPE YOU ENJOY SEEING ALL THE CELEBRATIONS THROUGHOUT OUR COUNTY.
I ALWAYS HEAR THE FIREWORKS GOING OFF, AND SO I JUST WANTED TO SAY HAPPY LUNAR NEW YEAR, AND WITH THAT, I WILL GO AHEAD AND MOVE THIS ITEM FOR APPROVAL.
[02:40:08]
, AND A VERBAL AYE FROM TRUSTEE DI SALVO.TRUSTEE MAH, DO YOU SEE THE--OH, I THINK TRUSTEE MAH'S ACTUALLY DROPPED FROM OUR MEETING.
I DON'T SEE TRUSTEE MAH IN OUR MEETING ANYMORE.
I DON'T SEE HER EITHER, AND I ALSO DON'T SEE HER TRYING TO LOG BACK IN.
SHE MAY HAVE LOST INTERNET CONNECTION.
BECAUSE SHE MAY HAVE LOST INTERNET, WHICH MEANS SHE WOULDN'T BE ABLE TO VOTE IN BOARD DOCS EITHER.
I'LL KEEP AN EYE OUT, SEE IF SHE LOGS BACK IN.
OKAY, AND THEN THAT'S SIX AYES AND ONE NOT PRESENT AT VOTE.
WE WILL NOW MOVE ON TO AGENDA ITEM NUMBER 11 INFORMATION ITEMS.
[11. INFORMATION ITEMS]
OUR INFORMATION ITEM THIS EVENING IS THE CHARTER SCHOOLS UPDATE.DR. DEWAN, PLEASE INTRODUCE THE ITEM.
THANK YOU. GOOD EVENING, PRESIDENT CHON, TRUSTEES, SUPERINTENDENT DEWAN, STAFF AND COMMUNITY.
TONIGHT, I HAVE TWO ITEMS TO SHARE WITH YOU.
FIRST IS DOWNTOWN COLLEGE PREP.
AS PREVIOUSLY SHARED WITH YOU TO CCBOE, AUTHORIZED CHARTER SCHOOLS REQUESTED AN EXTENSION TO SUBMIT THEIR 2021-22 FISCAL AUDITS.
DOWNTOWN COLLEGE PREP ALUM ROCK IS ONE OF THE SCHOOLS REQUESTING AN EXTENSION.
ON NOVEMBER 21ST, 2022, DCP INFORMED SCCOE THAT ITS AUDIT FIRM, I THINK, IS PRONOUNCED [INAUDIBLE] BAILEY REQUESTED AN EXTENSION TO FILE DCPS 21-22 FINANCIAL AUDIT ON FEBRUARY 28TH, 2023.
SCCOE GRANTED THE EXTENSION WITH TWO CONDITIONS.
FIRST, DCP'S BOARD WAS TO ADOPT A RESOLUTION TO APPROVE THE AUDIT EXTENSION ON OR BEFORE DECEMBER 15TH, WHICH IS THE DEADLINE FOR FILING AUDITS , AND THEN SECOND, DCP WAS TO SUBMIT, ALONG WITH THE SIGNED RESOLUTION A COPY OF THE MINUTES FROM THE MEETING AT WHICH THE DCP BOARD ADOPTED THE RESOLUTION. AFTER THE DCP BOARD MEETING ON NOVEMBER 29, THE CEO NOTIFIED SCCOE THAT THE SCHOOL DCP ALUM ROCK WOULD PROVIDE MINUTES FOR THE MEETING AFTER THEY WERE APPROVED AT THE NEXT BOARD MEETING, WHICH TAKES WHICH WILL TAKE PLACE ON JANUARY 28TH.
AS OF TODAY, DCP HAS SUBMITTED DRAFT MINUTES FOR THEIR NOVEMBER 29TH MEETING AND HAS STATED A RESOLUTION WILL BE PRESENTED TO THE DCP BOARD AT ITS JANUARY 28TH MEETING AND SCCOE IS EXPECTING TO RECEIVE BOTH THE APPROVED MINUTES FOR THE NOVEMBER 29TH MEETING, AS WELL AS A RESOLUTION SIGNED BY THE DCP BOARD PRESIDENT AND SECRETARY WITHIN THREE DAYS OF THE MEETING.
WE APPRECIATE THEIR EFFORTS TO DATE, AND THEN FINALLY, THERE ARE TWO ITEMS I WANT TO UPDATE YOU ON IN TERMS OF SUMMIT PUBLIC SCHOOLS.
THE FIRST ITEM IS RELATED TO PERB CHARGES, PUBLIC EMPLOYEE REVIEW BOARD, I BELIEVE.
SO, ON JANUARY 18TH, WHICH WAS EARLIER TODAY, SUMMIT PUBLIC SCHOOLS PROVIDED A STATUS REPORT ON THE THREE REMAINING CHARGES PENDING BEFORE PERB, WHICH HAVE BEEN IN ABEYANCE SINCE OCTOBER 21ST, OCTOBER 2021, I SHOULD SAY.
THE UPDATE THEY STARTED OFF WITH A NUMBER OF PERB ISSUES AND THEY'VE DWINDLED THEM DOWN TO THREE AND FROM OCTOBER 2021 THROUGH NOW, I GUESS THEY'VE BEEN WORKING ON SETTLING THEM, AND SO HERE IS THE UPDATE ON THE THREE CHARGES.
SO ONE WAS AN UNFAIR PRACTICE CHARGE.
NUMBER SFCO854, WHICH WAS FILED BY SUMMIT PUBLIC SCHOOLS, WHICH IS THE HOME OFFICE OR THE CHARTER MANAGEMENT ORGANIZATION, AND IT WAS FILED AGAINST UNITE SUMMIT, CALIFORNIA TEACHERS ASSOCIATION AND THE NATIONAL EDUCATION ASSOCIATION.
[02:45:04]
SO ESSENTIALLY AGAINST THE UNION, IT WAS FILED ON AUGUST 25TH, 2020 FOR THREE REASONS: ONE, BAD FAITH BARGAINING, TWO, UNLAWFUL PRESSURE TACTICS AND REFUSAL TO BARGAIN, AND THREE, CONDITIONAL BARGAINING AND REFUSAL TO BARGAIN.THAT CHARGE HAS BEEN WITHDRAWN AND DISMISSED BY PERB.
THE SECOND UNFAIR PRACTICE CHARGE, WHICH WAS SFCE3353 WAS FILED BY UNITE SUMMIT CTA AND NEA AGAINST THE HOME OFFICE ON JUNE 17TH, 2019, FOR WRONGFUL TERMINATION OF DENALI TEACHERS AND HAS HAD A PROPOSED ORDER ISSUED BY THE ADMINISTRATIVE LAW JUDGE, AND THE ORDER WILL BECOME FINAL IF NEITHER PARTY APPEALS THE DECISION AND FINALLY, UNFAIR PRACTICE CHARGE NUMBER SFCE3415, WHICH WAS FILED AGAIN BY THE UNION AGAINST THE HOME OFFICE ON SEPTEMBER 21ST, 2022 FOR BAD FAITH BARGAINING HAS BEEN WITHDRAWN AND DISMISSED BY PERB , AND SO THAT WRAPS UP ALL OF THE PERB ISSUES THAT WERE OUTSTANDING FOR SUMMIT AND SUMMIT UNITE.
SO ON JANUARY 6TH, 2022, SUMMIT, PUBLIC SCHOOLS INFORMED SCCOE OF SERIOUS FINANCIAL CONCERNS FOR SUMMIT DENALI THAT ARE LIKELY TO RESULT IN THE VOLUNTARY CLOSURE OF THE SCHOOL AT THE END OF THIS CURRENT SCHOOL YEAR.
SUMMIT REPORTED THAT DENALI HAS LOW ENROLLMENT AND THE SUMMIT CHARTER MANAGEMENT ORGANIZATION OR HOME OFFICE HAS BEEN AND WOULD NEED TO CONTINUE PROVIDING SUBSTANTIAL FISCAL SUPPORT TO DENALI TO KEEP THE SCHOOL OPERATING.
SUMMIT HAS REPORTED IT WILL LIKELY BE COST PROHIBITIVE TO KEEP DENALI OPEN AFTER THIS YEAR, AS DENALI IS ANTICIPATED TO NEED A $4.5 MILLION INVESTMENT FOR NEXT YEAR ALONE.
THE SUMMIT TEAM HAS BEEN UNABLE TO FIND A SUSTAINABLE WAY FORWARD, AND HERE I WANT TO NOTE THAT PUBLIC FUNDING FOR DENALI IS DETERMINED, CONTROLLED AND PROVIDED BY THE STATE OF CALIFORNIA THROUGH THE LOCAL CONTROL FUNDING FORMULA AND CHARTER SCHOOL FACILITIES GRANTS FUNDING PROGRAMS NOT BY THE SANTA CLARA COUNTY BOARD OF EDUCATION, THE COUNTY SUPERINTENDENT OR THE COUNTY OFFICE OF EDUCATION.
LAST WEEK, DENALI MET WITH STAKEHOLDER GROUPS, FAMILY, STAFF AND SERVICE PROVIDERS TO MAKE THEM AWARE OF THE CONCERNS SO THAT THEY COULD BE PREPARED AND PLAN ACCORDINGLY.
SUMMIT HAS REPORTED THE SAME FINANCIAL CONCERNS DO NOT AFFECT ITS OTHER SCHOOLS, INCLUDING SUMMIT TAHOMA, WHICH IS ALSO AUTHORIZED BY THE SANTA CLARA COUNTY BOARD OF EDUCATION.
THE SUMMIT BOARD WILL MAKE THE DECISION OF HOW TO PROCEED, INCLUDING WHETHER TO CLOSE DENALI.
SUMMIT IS HOLDING A SPECIAL BOARD MEETING ABOUT DENALI ON MONDAY, JANUARY 23RD, AND THE CHARTER SCHOOLS DEPARTMENT STAFF WILL CONTINUE TO MONITOR THE MONITOR THE SITUATION AND PROVIDE UPDATES TO THE SCCBOE, AND THAT CONCLUDES MY REPORT FOR THIS EVENING.
THANK YOU, DIRECTOR FAIRLEY, FOR THAT UPDATE.
THANK YOU. OKAY, MOVING ON TO AGENDA ITEM NUMBER 12, BOARD MEMBER, COMMITTEE REPORTS.
[12. BOARD MEMBER COMMITTEE REPORTS]
AT THIS TIME, WE WILL HEAR COMMITTEE REPORTS FROM COMMITTEES THAT HAVE MET SINCE OUR LAST MEETING.THREE COMMITTEES HAVE MET STRONG START BUDGET STUDY AND HEAD START POLICY COUNCIL.
TRUSTEE LARI, WOULD YOU START US OFF WITH SHARING ABOUT THE STRONG START COALITION? YES. I'D BE HAPPY TO.
SO THE STRONG START COALITION MET VIA ZOOM ON TUESDAY, JANUARY 10TH, AND WE HEARD A PRESENTATION FROM VERONICA GARZA, ASSISTANT DIRECTOR IN SCCOE'S EARLY CARE AND EDUCATION INITIATIVES DEPARTMENT ON EARLY LEARNING PROGRAM ENROLLMENT RESOURCES DEVELOPED BY THE STEPS TO SUCCESS INITIATIVE, THE STRONG START INCLUSIVE, COLLABORATIVE AND RESOURCE AND REFERRAL DEPARTMENT.
WE ALSO HEARD FROM ANGIE GARLING, NATIONAL EARLY CARE AND EDUCATION DIRECTOR, LOW INCOME INVESTMENT FUND, ON THE NEED TO ADDRESS CLIMATE VULNERABILITIES IN EARLY CARE, EDUCATION, INFRASTRUCTURE AND LOW INCOME INVESTMENT FUNDS.
INITIAL EFFORTS IN THIS FIELD.
[02:50:02]
YESTERDAY, I ATTENDED THE HEAD START POLICY COUNCIL MEETING.IT WAS GOOD TO SEE HOW INVOLVED PARENTS ARE AND THEY ARE BASICALLY ALSO, I WAS VERY IMPRESSED BY THE PROVISION OF MENTAL HEALTH AND EDUCATION, MEDICAL AND DENTAL SERVICES FOR THE STUDENTS IN EARLY HEAD START AND HEAD START, AND TODAY I ATTENDED THE BUDGET COMMITTEE MEETING ALSO.
SO THOSE ARE THE THREE COMMITTEES I'VE ATTENDED SO FAR.
DR. DEWAN, WOULD YOU PLEASE SHARE REGARDING THE BUDGET STUDY COMMITTEE? YES, THE BUDGET STUDY COMMITTEE MET TODAY.
WE ADDRESSED THREE MAIN TOPICS AS PART OF THE AGENDA.
THE FIRST WAS AN OVERVIEW OF THE GOVERNOR'S JANUARY BUDGET PROPOSAL, WHICH WAS RELEASED LAST WEEK.
ONE OF THE HIGHLIGHTS IN THAT PRESENTATION IS THAT THE DESPITE THE STATE'S FINANCIAL SITUATION, THE GOVERNOR IS PROPOSING RELATIVELY FLAT FUNDING FOR SCHOOLS AND HAS NOT RECOMMENDED ANY PROP 98 FUNDING REDUCTIONS.
WE ALSO PROVIDED AN OVERVIEW OF THE BUDGET DEVELOPMENT PROCESS AND THE PROPERTY TAX CYCLE EXPLAINING ABOUT OUR EXCESS PROPERTY TAX CIRCUMSTANCE AND THE CYCLE ON WHICH THE AMOUNT OF FUNDING WERE REQUIRED TO RETURN TO THE STATE IS DETERMINED AND WHEN THAT AMOUNT IS PAID.
THANK YOU. ARE THERE ANY OTHER COMMITTEE REPORTS I MAY HAVE MISSED? TRUSTEE MAH. SORRY I COULDN'T FIND MY RAISE HAND BUTTON.
I DID NOT HAVE A MEETING WITH THE SILICON VALLEY READS, BUT WE DO HAVE OUR KICKOFF EVENT COMING UP JANUARY 26TH, AND EVERYONE IS CERTAINLY INVITED.
I HAVE HEARD FROM REID MYERS, THE PERSON DIRECTING THE PROGRAM, THAT IT IS ALMOST SOLD OUT.
IT SHOULD BE A REAL INTERESTING EVENING WITH ALL OF THE AUTHORS THERE AND BOOK SIGNING.
IF YOU WANT TO BRING YOUR COPIES OF THE BOOK FOR A SIGNING, THAT'LL BE GREAT.
OKAY, THANKS. THANK YOU, TRUSTEE MAH.
OKAY, NEXT, WE WILL MOVE TO THE NEXT AGENDA ITEM, THE SUPERINTENDENT'S REPORT.
[13. SUPERINTENDENT'S REPORT]
DR. DEWAN? THANK YOU VERY MUCH.ON DECEMBER 15TH, I PARTICIPATED IN AN INTERVIEW WITH KCBS RADIO ON THEIR SHOW CALLED IN DEPTH.
THE PURPOSE OF THE INTERVIEW WAS TO DISCUSS OPIOID USE AMONGST YOUNG PEOPLE AND THE COUNTY OFFICE'S PLAN OF PROVIDING NARCAN AND NALOXONE ON SCHOOL CAMPUSES.
ON DECEMBER 19TH, I PARTICIPATED IN AN EVENT AT THE ARTURO OCHOA MIGRANT EDUCATION CAMP, WHERE WE OFFICIALLY LAUNCHED THE COMPLETION OF OUR PROJECT TO PROVIDE BROADBAND SERVICE TO THE CAMP.
THIS WAS AN EVENT SERVING AS AN INFORMATIONAL BRIEFING PRIMARILY FOR LEGISLATIVE STAFF CONVENED BY THE CALIFORNIA COUNTY SUPERINTENDENTS.
WE DESCRIBED WHOLE CHILD INITIATIVES, THE EQUITY IMPERATIVE TO CONTINUE SUPPORTING THEM.
THERE ARE A COUPLE OF RECOGNITIONS THAT I'D LIKE TO SHARE THIS EVENING.
THE FIRST IS THAT THE COUNTY OFFICE OF EDUCATION IS GOING TO BE RECOGNIZED BY THE CALIFORNIA DEPARTMENT OF EDUCATION FOR ITS LEADERSHIP IN BUILDING, IMPLEMENTING AND FOSTERING EQUITABLE CIVIC EDUCATION AND ENGAGEMENT WITHIN OUR ALTERNATIVE EDUCATION OPPORTUNITY, YOUTH AND SPECIAL EDUCATION PROGRAMS. THE RECOGNITION WILL BE DONE IN A REPORT TO THE STATE BOARD OF EDUCATION ON THE PROGRESS OF THE IMPLEMENTATION OF LOCAL CRITERIA FOR STUDENTS EARNING THE CALIFORNIA STATE SEAL OF CIVIC ENGAGEMENT.
[02:55:09]
CRITERIA TO EARN THE STATE SEAL FOR THE '22-23 SCHOOL YEAR.THE COUNTY OFFICE AND THE COUNTY BOARD WILL ALSO BE RECOGNIZED FOR ITS LEADERSHIP AMONG COUNTY OFFICES OF EDUCATION FOR ITS IMPLEMENTATION AND INCLUSION OF STUDENT BOARD MEMBERS.
THE MONTH OF JANUARY PROVIDES AN OPPORTUNITY TO ACKNOWLEDGE ELECTED OFFICIALS IN EDUCATION.
THE RECOGNITION IS PART OF A NATIONAL EFFORT CO-SPONSORED BY THE CALIFORNIA SCHOOL BOARDS ASSOCIATION, INCLUSIVE OF THE COUNTY BOARD OF EDUCATION, CCBE AND THE NATIONAL SCHOOL BOARD ASSOCIATION, TO BUILD AWARENESS AND EXPRESS GRATITUDE TO THOSE WHO SERVE ON COMMUNITY SCHOOL BOARDS AND COUNTY BOARDS OF EDUCATION.
THE TOKENS OF APPRECIATION HAVE BEEN PREPARED BY STUDENTS AND OUR OPPORTUNITY YOUTH ACADEMY, ALTERNATIVE EDUCATION PROGRAM AND OUR EARLY LEARNING PROGRAM, AND THERE'S ALSO A SMALL BIT OF HONEY TO THANK YOU ALL FOR THE SWEETNESS THAT YOU PROVIDE FOR PUBLIC EDUCATION.
SO THOSE WERE SENT IN THE MAIL AND YOU SHOULD RECEIVE THEM AT YOUR HOMES.
THANK YOU SO MUCH FOR YOUR SERVICE TO PUBLIC EDUCATION.
THERE ARE A FEW UPCOMING EVENTS THAT I'D LIKE TO SHARE WITH THE BOARD.
THANK YOU, TRUSTEE MAH FOR MENTIONING THE SILICON VALLEY READS KICKOFF.
IT IS JANUARY 26TH AT 7:00 PM AT DE ANZA.
WE DO NEED REGISTRATIONS BECAUSE WE HAVE LIMITED SEATING.
WE DO HAVE NEW BOARD MEMBER ORIENTATION THAT THE COUNTY OFFICE OF EDUCATION AND THE SANTA CLARA COUNTY SCHOOL BOARDS ASSOCIATION IS PROVIDING FOR ANY INTERESTED NEW COUNTY BOARD OR SCHOOL BOARD MEMBER.
IT WILL BE HERE AT THE COUNTY OFFICE OF EDUCATION AND OUR EDUCATOR RESOURCE CENTER.
IT WILL BE PRIMARILY FOCUSED ON SCHOOL BOARD MEMBER RELATED CONTENT, AND IT'S SCHEDULED FOR 9 A.M.
TO 11:30 ON JANUARY 31ST AT 4 P.M.
I WILL BE PRESENTING THE STATE OF EDUCATION IN SANTA CLARA COUNTY.
OUR ANNUAL REPORT TO THE COMMUNITY.
WE'LL LEARN MORE ABOUT HOW WE MET AND ACHIEVED GOALS AND HOW WE WILL CONTINUE OUR MISSION AND VISION TO SERVE AND INSPIRE, AS WELL AS TRANSFORM EDUCATION THROUGH LEADERSHIP, SERVICE AND ADVOCACY.
WE WILL HAVE OUR STEP INTO TEACHING EVENT.
THIS WILL AGAIN BE A VIRTUAL AFFAIR SATURDAY, FEBRUARY 11TH, FROM 9 A.M.
I INVITE THE TRUSTEES TO HELP SPREAD THE WORD ABOUT STEP INTO TEACHING.
IT'S A GREAT EVENT TO HELP ANYONE INTERESTED IN COMING INTO THE FIELD OF EDUCATION.
LEARN ABOUT THE PROCESS FOR EARNING A CREDENTIAL AND THE DIFFERENT PATHWAYS TO COME INTO TEACHING WHETHER YOUR SOON TO BE GRADUATING HIGH SCHOOL STUDENT, SOMEONE WHO'S ALREADY IN COLLEGE, A CAREER CHANGER, RETIREE OR OTHERS.
MORE INFORMATION IS AVAILABLE IN OUR WEBSITE AND REGISTRATION IS REQUIRED.
[03:00:03]
AT THE SANTA CLARA COUNTY CONVENTION CENTER.IT IS OR THE CITY OF SANTA CLARA CONVENTION CENTER.
THIS EVENT IS RETURNING TO IN-PERSON THIS YEAR.
WE HAVE PURCHASED A TABLE AND ONE OF OUR PROGRAMS IS GOING TO BE HONORED AT THE BREAKFAST.
THAT SAME DAY, IMMEDIATELY FOLLOWING THE ASSET CHAMPIONS BREAKFAST WILL BE THE 2023 CHILDREN'S SUMMIT WILL BEGIN AROUND 10 A.M, AND WILL CONTINUE TO ABOUT 3:00 PM.
INFORMATION WILL BE IN THE WEEKLY AND I ALSO INVITE ALL OF THE TRUSTEES TO ATTEND, AND TRUSTEE MAH ALREADY MENTIONED THE LEGISLATIVE BRANCH ON FEBRUARY 25TH, AND I HOPE TO SEE MANY OF YOU THERE AS WELL, AND PRESIDENT CHON, THAT CONCLUDES MY REPORT.
THANK YOU, DR. DEWAN, AND THAT BRINGS US TO ADJOURNMENT.
THE NEXT SANTA CLARA COUNTY BOARD OF EDUCATION REGULAR MEETING IS SCHEDULED FOR FEBRUARY 1ST, 2023.
MAY I HAVE A MOTION TO ADJOURN? SO MOVED. THANK YOU, TRUSTEE DI SALVO.
SECOND? SECOND. SECOND BY TRUSTEE LARI.
THANK YOU. WE ARE NOW ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.