[A. At this time, members of the public may address the Board on any issue within the subject matter jurisdiction of the Board that is not listed on this agenda. Members of the public may also address the Board on an agenda item before or during the Board's consideration of the item.]

YES, WE HAVE ONE CARD FOR PUBLIC COMMENT.

OKAY. THANK YOU.

THE SCCBOE STRIVES TO MAINTAIN A RESPECTFUL AND CIVIL ENVIRONMENT FOR THE CONDUCT OF ITS MEETINGS.

I ASSUME THERE'S A TWO MINUTE TIMER.

SO IF WE COULD PLEASE PRESENT THAT, THE TIMER WILL BE DISPLAYED, AND WHEN THE ALLOTTED TIME IS UP, THE BUZZER WILL SOUND.

YOU WILL BE MUTED AND YOUR TIME TO SPEAK WILL END.

SPEAKERS ARE ENCOURAGED TO AVOID REPEATING COMMENTS MADE BY OTHER SPEAKERS.

SPEAKERS MAY CHOOSE TO SIMPLY STATE THEIR AGREEMENT WITH THE PREVIOUS SPEAKER.

MODERATOR, CAN YOU PLEASE BEGIN PUBLIC COMMENT? YES, THANK YOU.

OUR ONE PUBLIC COMMENT CARD BELONGS TO HEATHER BASS.

PLEASE APPROACH THE PODIUM.

YOU MAY BEGIN SPEAKING.

[00:05:02]

IS IT ON NOW? WONDERFUL.

THANK YOU. GOOD EVENING.

MY NAME IS HEATHER BASS. I'M FROM GATEWAY SCHOOL IN GILROY.

I'M HERE TO DISCUSS A PROBLEM IN OUR SERVICE CONTINUUM FROM K THROUGH 22.

GATEWAY WAS BUILT IN THE 70S SPECIFICALLY TO ADDRESS THE NEEDS OF OUR GILROY COMMUNITY AND PROVIDE THEM WITH A FULL CONTINUATION OF SERVICES FROM THE TIME THAT THEY ENTER OUR REALLY AMAZING PROGRAMS TO THE TIME THAT THEY GRADUATE OR FINISH THE PROGRAM AT AGE 22, AND SO WE HAVE HAD THIS BEAUTIFUL FLOW THROUGH WITH FAMILIES WHERE WE CAN SUPPORT THEM AND REALLY HAVE A DEFINITELY POSITIVE OUTCOMES AT THEIR ADULT TURNOUT, BUT AT THE MOMENT WE DO NOT HAVE ANY MIDDLE SCHOOL REPRESENTED.

SO OUR STUDENTS NEED TO LEAVE THE GATEWAY CAMPUS AND DRIVE UP TO SAN JOSE, CHANGING THEIR NURSE, CHANGING THEIR PRINCIPAL, CHANGING THEIR SPEECH THERAPISTS, THEIR ENTIRE IEP TEAM FOR A THREE YEAR PERIOD TO ACCOMMODATE THE MIDDLE SCHOOL YEARS AND THEN THEY ARE BROUGHT BACK TO GILROY HIGH TO FINISH OUT AND BECOME AN ADULT AND ENTER INTO THE ADULT PROGRAM.

I WOULD JUST LIKE TO SAY WE HAVE A SPACE AVAILABLE.

WE CAN ACCOMMODATE THIS MIDDLE SCHOOL CONTINUUM AND WE CAN JUST HOPEFULLY BRING MAYBE ONE OF THE MIDDLE SCHOOL CLASSES BACK FROM THE SAN JOSE SITE TO ACCOMMODATE OUR SIX STUDENTS WHO ARE IN NEED.

YOU'VE MET MR. VITAS, THE FAMILY, AND MY YOUNG STUDENT, ALEX, WHO'S BEING TRANSPORTED UP THERE, AND HE'S BEEN OFFERED A PLACEMENT AT GILROY HIGH SCHOOL, AND I WOULD JUST LIKE TO SAY LET'S OFFER THAT TO ALL OF THOSE STUDENTS.

NOT ALL OF THOSE FAMILIES HAVE THE ABILITY TO ADVOCATE FOR THEIR CHILDREN, AS YOU HAVE SEEN DEMONSTRATED BY THE FAMILY HERE, AND I WOULD JUST LIKE TO ENCOURAGE YOU TO CONSIDER MOVING THE SCHOOL TO GILROY, ENABLING US TO CONTINUE OUR GREAT WORK WITH OUR POPULATIONS DOWN THERE WITHOUT FORCING PARENTS TO HAVE TO MAKE THE LONG DRIVE TO SAN JOSE AND CAUSES A LOT OF ABSENTEEISM BECAUSE THE DRIVE IS VERY DIFFICULT TO COME UP NORTH.

MANY DON'T UNDERSTAND IF THEY DON'T LIVE IN GILROY.

IT'S A LONG DRIVE DOWN TO GILROY, BUT I THANK YOU SO MUCH FOR YOUR TIME.

HAVE A GOOD EVENING. THIS CONCLUDES PUBLIC COMMENT.

THANK YOU.

NOW MOVING ON TO AGENDA ITEM NUMBER THREE BOARD TRAINING LEVINE ACT AND CONFLICT OF INTEREST.

DR. DEWAN, COULD YOU PLEASE INTRODUCE THIS ITEM?

[A. Board Training: Levine Act and Conflict of Interest]

THANK YOU, PRESIDENT CHON.

GOOD EVENING, EVERYONE.

THIS EVENING, WE ARE JOINED BY REPRESENTATIVES FROM THE OFFICE OF COUNTY COUNSEL WHO ARE HERE TO PRESENT A TRAINING FOR THE SANTA CLARA COUNTY BOARD OF EDUCATION REGARDING THE LEVINE ACT, WHICH TOOK EFFECT IN JANUARY OF 2023 AND RELATED CONFLICTS OF INTEREST.

JOINING US ARE SHANA HELLER, MICHAELA LEWIS AND MARCELLO QUINONES, AND THEY WILL PROVIDE AN OVERVIEW OF THE LEVINE ACT AND ITS SPECIFIC APPLICATION TO THE SANTA CLARA COUNTY BOARD OF EDUCATION.

WELCOME. THANK YOU SO MUCH FOR HAVING US.

I'M MICHAELA LEWIS. I'M AN ASSISTANT COUNTY COUNSEL FROM THE OFFICE OF THE COUNTY COUNSEL, AND I'M HERE WITH MY COLLEAGUE.

HI, I'M SHANA HELLER.

I'M A DEPUTY COUNTY COUNSEL.

WE CAN GO AHEAD TO THE NEXT SLIDE.

CAN WE PAUSE REALLY QUICKLY? I JUST WANTED TO MAKE SURE TRUSTEES, DO YOU HAVE THE PRESENTATION ON YOUR COMPUTERS? AND THEN IF ANY MEMBERS OF THE PUBLIC WOULD LIKE A PAPER COPY, WE HAVE THOSE AVAILABLE AS WELL.

SORRY FOR THE INTERRUPTION.

TRUSTEE. OH, IT'S ALSO ON THAT SCREEN, I BELIEVE, BUT IF I COULD JUST ASK MAYBE TO REFERENCE THE SLIDE NUMBER.

SO WE'RE ON THE CORRECT SLIDE BECAUSE WE CAN'T SEE THAT SCREEN.

OH, GOSH. YEAH, OF COURSE.

THANK YOU. WE'RE ON SLIDE TWO RIGHT NOW.

THANK YOU. SO THE LEVINE ACT IS PART OF THE POLITICAL REFORM ACT, WHICH PROVIDES KIND OF A BROAD CONFLICT OF INTEREST FRAMEWORK THAT APPLIES . I'M SORRY TO INTERRUPT ALREADY.

COULD YOU JUST PULL THE MICROPHONE A BIT CLOSER? IT'S NOT AS SENSITIVE AS YOU'D LIKE.

THANK YOU. APPRECIATE IT.

IT PROHIBITS PUBLIC OFFICERS FROM PARTICIPATING IN CERTAIN DECISIONS BASED ON CAMPAIGN CONTRIBUTIONS.

IT'S NOT A NEW LAW.

IT'S EXISTED SINCE 1982, BUT ITS EXPANSION IS RELATIVELY RECENT.

SO IT WAS ORIGINALLY JUST LIMITED TO NON-ELECTED GOVERNMENTAL BODIES, AND NOW IT'S BEEN EXPANDED TO INCLUDE LOCAL ELECTED BODIES AS WELL.

IF WE CAN GO TO THE NEXT SLIDE, WHICH WILL BE SLIDE THREE.

WHAT'S NOT A PRESENTATION FROM LAWYERS WITHOUT DISCLAIMER LANGUAGE.

SO THIS IS GOING TO PROVIDE A REALLY HIGH LEVEL OVERVIEW OF THE LEVINE ACT.

WE'LL ALSO TALK ABOUT CONFLICT OF INTEREST AS BROADLY, THIS IS A VERY TECHNICAL AREA OF LAW AND IT REQUIRES A SENSITIVE FACTUAL ANALYSIS FOR INDIVIDUAL SCENARIOS.

THE GOAL IS TO HELP CREATE SENSITIVITY FOR WHEN AN ISSUE WILL BE SPOTTED.

IF THERE ARE PARTICULAR QUESTIONS THAT RELATE TO THE ADMINISTRATION OF THE BOARD OFFICE AND WHAT'S GOING ON KIND OF IN THE PUBLIC ENTITY SPACE.

SO IT SHOULD BE DIRECTED TO THE COUNTY SUPERINTENDENT THAT CAN BE FIELDED TO US IF THERE ARE INDIVIDUAL QUESTIONS THAT RELATE TO KIND OF CAMPAIGN FINANCE, THE

[00:10:04]

BEST GUIDANCE THAT WE CAN PROVIDE IS TO SEEK OUTSIDE COUNSEL OR TO CONTACT THE FPPC THAT PROVIDES ADVICE AND GUIDANCE LETTERS AND THOSE LETTERS ARE REALLY IMPORTANT BECAUSE THEY PROVIDE IMMUNITY AS WELL.

IF WE CAN GO TO THE NEXT SLIDE.

BECAUSE THIS IS SUCH A TECHNICAL AREA OF LAW, IT'S REALLY HELPFUL TO GET GROUNDED IN WHAT ARE THE GOALS WHEN YOU'RE THINKING ABOUT CONFLICT OF INTEREST MORE BROADLY.

SO CONFLICT OF INTEREST ARE REALLY GROUNDED IN TWO PARTICULAR PRINCIPLES.

ONE, THAT GOVERNMENT OFFICIALS OWE A PARAMOUNT DUTY OF LOYALTY TO THE PUBLIC WHEN THEY'RE CONDUCTING THE PUBLIC'S BUSINESS, AND THAT PERSONAL FINANCIAL CONSIDERATIONS SHOULD NOT BE A PART OF THAT DECISION MAKING PROCESS, AND THAT MAKES SENSE.

THESE LAWS PREVENT SELF-DEALING, DIVIDED LOYALTIES FEELING COMPETED BETWEEN TWO MASTERS AS WELL AS THE APPEARANCE OF IMPROPRIETY.

CONFLICT OF INTEREST LAWS INVOLVE BOTH A DISCLOSURE REQUIREMENT, SHARING WITH THE PUBLIC WHAT SOMEONE'S FINANCIAL INTERESTS ARE, AS WELL AS DISQUALIFICATION REQUIREMENTS.

MEANING IF YOU HAVE A CONFLICT DISQUALIFYING YOURSELF FROM PARTICIPATING IN THAT DECISION MAKING PROCESS.

WE'LL GO TO THE NEXT SLIDE, WHICH WILL BE SLIDE FIVE.

SO THESE THESE ARE OUR BASIC CONFLICT OF INTEREST LAWS.

WE'LL GET INTO THE LEVINE ACT, BUT THIS IS JUST TO PROVIDE A LITTLE BIT OF A FOUNDATION.

SO ONE FUNDAMENTAL PIECE OF CONFLICT OF INTEREST IS GOVERNMENT CODE SECTION 1090, AND THIS PROHIBITS OFFICERS OR EMPLOYEES FROM BEING FINANCIALLY INTERESTED IN ANY CONTRACT THAT'S MADE BY THEM IN THEIR OFFICIAL CAPACITY, AND A CONTRACT IS MORE THAN JUST A STANDARD CONTRACT.

IT INCLUDES AMENDMENTS, IT INCLUDES PURCHASE ORDERS, IT INCLUDES GRANTS, AND IT ALSO APPLIES MORE BROADLY TO JUST EXECUTING A CONTRACT ITSELF, NOT JUST SIGNING IT. IT INVOLVES ALL OF THE ACTS THAT LEAD UP TO A CONTRACT BEING EXECUTED, AND THE BASIC PREMISE IS THAT GOVERNMENT OFFICIALS, EMPLOYEES OF THE PUBLIC ENTITY SHOULD NOT HAVE A FINANCIAL INTEREST IN CONFLICTS THAT THEY'RE DECIDING ON CONTRACTS THAT THEY'RE DECIDING IF WE CAN GO TO THE NEXT SLIDE, SLIDE SIX.

THE OTHER PIECE OF OUR CONFLICT FRAMEWORK IS THE POLITICAL REFORM ACT.

SO SECTION 1090 IS LIMITED TO JUST CONTRACTS.

THE POLITICAL REFORM ACT TAKES A LITTLE BIT OF A BROADER SWIPE, AND IT LOOKS AT ANY GOVERNMENTAL DECISION AND MAKES A PROHIBITION THAT YOU SHOULD NOT PARTICIPATE OR ATTEMPT TO USE YOUR YOUR POSITION TO INFLUENCE THE OUTCOME, EVEN IF YOU'RE NOT PARTICIPATING IN THE DECISION ITSELF.

IF YOU HAVE A FINANCIAL INTEREST IN THAT GOVERNMENTAL DECISION ITSELF AND WHAT CONSTITUTES A FINANCIAL INTEREST IS ALSO QUITE BROAD.

THAT INCLUDES SOURCES OF INCOME.

IT INCLUDES VESTMENTS, PERSONAL FINANCES, GIFTS, AGGREGATING MORE THAN $50, AND THAT'S AGAIN, GOING TO INVOLVE BOTH THE DISCLOSURE REQUIREMENT AS WELL AS A DISQUALIFICATION AND NOT PARTICIPATING IN THE ACTUAL DECISIONS, AND NOW I'M GOING TO TURN IT OVER TO SHANA ON TO SLIDE SEVEN.

WHO'S GOING TO WALK THROUGH THE LEVINE ACT IN PARTICULAR? OKAY. SO MICHAELA GAVE US THE OVERVIEW OF THE POLITICAL REFORM ACT AND GENERALLY THAT AREA OF LAW.

AND SO THE LEVINE ACT IS PART OF THE POLITICAL REFORM ACT, AND AS MICHAELA MENTIONED, IT'S AN OLD LAW.

IT'S JUST VERY RECENTLY APPLIES TO BODIES SUCH AS YOURSELF.

SO LOCAL ELECTED OFFICIALS AND AS MICHAELA MENTIONED, OUR GOAL IS TO HELP SENSITIZE YOU TO THESE ISSUES SO THAT YOU CAN SEEK QUESTIONS TO DR.

DEWAN IF THIS ADDRESSES A KIND OF COUNTY AGENCY ISSUE, SEEK OUTSIDE COUNSEL OR SEEK ADVICE FROM THE FAIR POLITICAL PRACTICES COMMISSION. SO IN THE COMING SLIDES, WE'RE GOING TO WALK THROUGH EACH OF THE BOLDED SECTIONS IN THIS SORT OF OVERVIEW STATEMENT OF WHAT THE LEVINE ACT IS, BUT SO I'M GOING TO READ THAT JUST SO WE'RE ALL SORT OF ON THE SAME PAGE.

SO THE LEVINE ACT GENERALLY STATES THAT WHILE A PROCEEDING INVOLVING A LICENSE PERMIT OR OTHER ENTITLEMENT FOR USE IS PENDING, AND FOR 12 MONTHS FOLLOWING THAT DATE OF THE FINAL DECISION, AN OFFICER OF AN AGENCY SHALL NOT ACCEPT, SOLICIT OR DIRECT A CONTRIBUTION OF MORE THAN $250 FROM ANY PARTY OR PARTICIPANT.

IF THE OFFICER KNOWS OR HAS REASON TO KNOW THE PARTICIPANT HAS A FINANCIAL INTEREST, OR FROM EITHER OF THOSE TWO INDIVIDUALS OR ENTITIES.

AGENTS. I WANT TO NOTE JUST AT THE OUTSET THAT FPPC OPINION AND A BRAND NEW REGULATION SPECIFIES THAT THE LEVINE ACT DOES NOT APPLY TO OFFICIALS TO GIFTS RECEIVED OR PROCEEDINGS THAT OCCURRED PRIOR TO JANUARY 1ST OF THIS YEAR. SO REALLY THE FOCUS FOR YOU ALL IS ANY GIFTS RECEIVED OR PROCEEDINGS THAT OCCURRED AFTER JANUARY 1ST OF 2023.

[00:15:01]

NEXT SLIDE, PLEASE, WHICH IS SLIDE EIGHT.

SO FIRST, WHAT IS A PROCEEDING? THEY INVOLVE LICENSES, PERMITS OR OTHER ENTITLEMENTS FOR USE, AND AS YOU CAN SEE ON THE SLIDE, THIS APPLIES TO A LOT OF DIFFERENT THINGS.

SO ONE WAY TO THINK ABOUT WHAT PROCEEDINGS ARE IS THAT THEY'RE APPLIED FOR BY A PARTY FORMALLY OR INFORMALLY REQUESTED BY A PARTY, OR ARE A CONTRACT BETWEEN THE AGENCY AND A PARTY OTHER THAN COMPETITIVELY BID LABOR OR PERSONAL EMPLOYMENT CONTRACTS.

I'LL NOTE THAT COMPETITIVELY BID CONTRACTS ARE ONLY THOSE THAT ARE REQUIRED BY LAW TO BE AWARDED TO THE LOWEST RESPONSIBLE BIDDER.

SO A WIDE VARIETY OF CONTRACTS ARE GOING TO BE SUBJECT TO THE LEVINE ACT, AND ANOTHER WAY TO THINK ABOUT PROCEEDINGS IS THAT THERE ARE DECISIONS THAT IMPACT SPECIFIC AND IDENTIFIABLE PERSONS OR ENTITIES RATHER THAN MORE GENERAL POLICY DECISIONS THAT THE BOARD IS MAKING.

NEXT SLIDE, PLEASE, WHICH IS SLIDE NINE.

SO THEN WE'LL TALK THROUGH THE TIME PERIOD AND THE CONTRIBUTION AMOUNTS THAT YOU SHOULD BE AWARE OF, AND SO THE ACT APPLIES TO CONTRIBUTIONS OF MORE THAN $250 CUMULATIVE OVER THE 12 MONTH TIME PERIOD.

SO EITHER BEFORE THE PROCEEDING OR AFTER THE PROCEEDING OR SORT OF DURING THAT MIDDLE WINDOW, AND THE SLIDE DESCRIBES THE SPECIFIC TIMING RESTRICTIONS, BUT I WANT TO FLAG FOR YOU ALL WHAT AN OFFICER MUST DO GENERALLY IF THEY DO RECEIVE OR HAVE RECEIVED SUCH A CONTRIBUTION FOR YOUR AWARENESS BUT AS WE MENTIONED BEFORE, EACH SITUATION IS GOING TO BE REALLY FACT SPECIFIC AND IS GOING TO REQUIRE A FACT SPECIFIC ANALYSIS, BUT GENERALLY SPEAKING, IF A CONTRIBUTION IS RECEIVED IN THE 12 MONTHS PRIOR TO A PROCEEDING, AN OFFICER MUST EITHER RECUSE FROM THE PROCEEDING OR RETURN THE CONTRIBUTION WITHIN 30 DAYS FROM THE TIME THEY KNEW OR SHOULD HAVE KNOWN ABOUT THE CONTRIBUTION AND THE EXISTENCE OF A PENDING PROCEEDING, AND THEY MUST DISCLOSE THE FACT OF THE CONTRIBUTION ON THE RECORD OF THE PROCEEDING FOR CONTRIBUTIONS RECEIVED DURING THE PENDENCY OF THE PROCEEDING.

THE OFFICER MUST RETURN THE CONTRIBUTION AND FOR CONTRIBUTIONS RECEIVED IN THE 12 MONTHS AFTER PROCEEDING.

AN OFFICER JUST CANNOT ACCEPT IT AT ALL IF THEY UNKNOWINGLY OR UNWILLINGLY NOT WILLFULLY ACCEPTED IT, THEY CAN CURE BY RETURNING THE CONTRIBUTION WITHIN 14 DAYS.

NEXT SLIDE. PLEASE WATCH THE SLIDE TEN.

SO NEXT, WE'RE GOING TO TURN TO THE PEOPLE OR ENTITIES THAT MAY MAKE CONTRIBUTIONS OR WOULD OTHERWISE BE PARTICIPATING THAT COULD LEAD TO DISQUALIFICATION UNDER THE ACT.

SO THOSE ARE PARTIES PARTICIPANTS AND THEIR AGENTS.

NEXT SLIDE, PLEASE.

SLIDE 11. SO FIRST, PARTIES.

PARTIES TEND TO BE THE MORE STRAIGHTFORWARD TO IDENTIFY.

A PARTY IS A PERSON OR AN ENTITY WHO FILES AN APPLICATION FOR OR A SUBJECT, THE SUBJECT OF A PROCEEDING INVOLVING A LICENSE PERMIT OR OTHER ENTITLEMENT FOR USE.

THEY'RE PRESUMED TO HAVE A FINANCIAL INTEREST IN THE PROCEEDING BY VIRTUE OF THEIR DIRECT INVOLVEMENT AS THE APPLICANT OR SUBJECT OF A PROCEEDING AND THEY DO HAVE A REQUIREMENT TO DISCLOSE ON THE RECORD THEIR CONTRIBUTION.

SO PARTIES, AS I MENTIONED, PRETTY EASY TO IDENTIFY, BUT LET'S TALK ABOUT PARTICIPANTS ON THE NEXT SLIDE, WHICH IS SLIDE 12.

SO THESE ARE GOING TO BE A LITTLE BIT HARDER TO IDENTIFY, AND SO WE WANT YOU TO BE AWARE OF HOW TO POTENTIALLY SPOT THEM, AND SO A PARTICIPANT IS A PERSON OR ENTITY WHO ACTIVELY SUPPORTS OR OPPOSES A PARTICULAR DECISION IN A PROCEEDING AND HAS A FINANCIAL INTEREST IN THE DECISION, AND SO THEY'RE ACTIVE ACTIVE SUPPORT OR OPPOSITION MEANS THAT THEY'RE LOBBYING THE OFFICERS OR EMPLOYEES OF THE AGENCY, TESTIFYING BEFORE THE AGENCY OR OTHERWISE ACTING TO INFLUENCE OFFICERS OF THE AGENCY, AND THE ACT AS IT RELATES TO PARTICIPANTS IS TRIGGERED WHEN AN OFFICER KNOWS OR HAS REASON TO KNOW THAT THE PARTICIPANT HAS A FINANCIAL INTEREST, WHICH IS EITHER BY HAVING KNOWLEDGE.

SO ABSOLUTELY KNOWING THAT THEY HAVE A FINANCIAL INTEREST OR BASED ON SORT OF THE CIRCUMSTANCES SURROUNDING THE FACTS THAT ARE REVEALED BY THE PARTICIPANTS.

SO DURING THEIR TESTIMONY, DURING OTHER ACTIVITIES IN WHICH THEY'RE SUPPORTING OR OPPOSING A PARTICULAR DECISION, AND SO UNLIKE PARTIES, THERE'S NO PROACTIVE DISCLOSURE REQUIREMENT THAT APPLIES TO PARTICIPANTS.

NEXT SLIDE, PLEASE, WHICH IS SLIDE 13, AND SO WHEN THINKING ABOUT WHETHER OR NOT A PARTICIPANT HAS A FINANCIAL INTEREST, THERE'S KIND OF A LAUNDRY LIST ON THE SLIDE HERE OF THE TYPES OF FINANCIAL INTERESTS AND THE REGULATIONS GO INTO FURTHER DETAIL ABOUT THIS BUT GENERALLY WHETHER A PARTICIPANT HAS A FINANCIAL INTEREST, LIKE ALL ASPECTS OF THE LEVINE ACT OR A FACT SPECIFIC ANALYSIS, BUT THEY INCLUDE MATERIAL FINANCIAL EFFECTS ON THE PARTICIPANT THEMSELVES, ON THEIR IMMEDIATE FAMILIES, ON CERTAIN BUSINESS INVESTMENTS THEY MAY HAVE AND THEIR PROPERTY.

NEXT SLIDE, PLEASE, WHICH IS SLIDE 14, AND SO THEN THE LAST CATEGORY OF PERSON OR ENTITY THAT MIGHT MAKE A COMMENT THAT COULD RESULT IN DISQUALIFICATION OR A LEVINE ACT VIOLATION ARE GOING TO BE AGENTS, AND SO AGENTS COME INTO PLAY WHEN THEY'RE INDIVIDUALS GENERALLY,

[00:20:10]

BUT IT CAN BE A FIRM IN CERTAIN CIRCUMSTANCES, REPRESENTS A PARTY OR A PARTICIPANT FOR COMPENSATION IN A PENDING PROCEEDING, AND THEY APPEAR BEFORE THE AGENCY OR OTHERWISE COMMUNICATE WITH THE AGENCY TO INFLUENCE THE PROCEEDING, AND I'LL NOTE IT MAYBE DOESN'T HELP NOW, BUT THERE ARE BRAND NEW LEVINE ACT REGULATIONS THAT ADDED THE SORT OF FOR COMPENSATION LANGUAGE SO MAY NOT BE FOR ALL OF YOU, BUT IT DOES HELP CLARIFY AND MAKE IT A LITTLE BIT EASIER HOPEFULLY TO IDENTIFY AGENTS , AND THEN THE LAST SLIDE, WHICH IS SLIDE 15, IS JUST CONSEQUENCES OF NON-COMPLIANCE.

SO WE FEEL LIKE WE HAVE TO SHARE WITH YOU AGAIN THAT WE WANT TO MAKE YOU AWARE OF VARIOUS CONSEQUENCES FOR NOT COMPLYING WITH THE LEVINE ACT, WHICH UNDERSCORES THE IMPORTANCE THAT THE LEGISLATURE HAS PLACED ON COMPLIANCE WITH THE ACT.

SO THEY'RE UP HERE, BUT GENERALLY, ANY PERSON WHO KNOWINGLY OR WILLFULLY VIOLATES ANY PROVISION OF THE POLITICAL REFORM ACT GENERALLY, WHICH THE LEVINE ACT IS A PART OF, CAN BE GUILTY OF A MISDEMEANOR AND SUBJECT TO FINES AMOUNTING TO $5,000 PER DAY PER VIOLATION, AND SO WE JUST WANT TO AGAIN REITERATE THAT THE ONLY PROTECTION, THE ONLY STATUTORY IMMUNITY THAT ANY OFFICIAL CAN GET AS IT RELATES TO A POTENTIAL VIOLATION OF THE LEVINE ACT IS BY SEEKING A FORMAL OPINION FROM THE FAIR POLITICAL PRACTICES COMMISSION, AND THEY YOU SEEK THAT AND THEN THEY SEND A LETTER SORT OF PROVIDING YOU THEIR ADVICE AND SO THAT YOU TEND TO SEEK THAT IDEALLY BEFORE ENTERING ANY OF THOSE ACTIONS, AND THEN IF YOU FOLLOW THEIR ADVICE, YOU HAVE STATUTORY IMMUNITY.

IF A COURT OR ANOTHER ENTITY OR THE FAIR POLITICAL PRACTICES COMMISSION FINDS A VIOLATION , AND THAT'S IT FOR OUR FORMAL PRESENTATION, WE'RE HAPPY TO ANSWER ANY QUESTIONS. THANK YOU, COUNCIL, FOR THE TRAINING TRUSTEES.

DO YOU HAVE ANY QUESTIONS? TRUSTEE MAH.

THANK YOU, PRESIDENT CHON.

ON SLIDE 11, WHERE YOU DESCRIBE CONTRIBUTORS WHO ARE A PARTY AND A PARTY IS A PERSON WHO FILES APPLICATION, BLAH BLAH, BUT THEN THE SECOND BULLET SAYS A PARTY MUST DISCLOSE ON RECORD CONTRIBUTIONS OF MORE THAN $250.

SO WHERE ARE THEY SUPPOSED TO RECORD THAT OR WHERE IS THAT TRACKED? YEAH. SO THE FOR CONTRIBUTIONS MADE AT ANY STAGE DURING THE PRECEDING, THE DISCLOSURE MUST BE MADE NO LATER THAN 30 DAYS AFTER THE CONTRIBUTION IS MADE AND IT INCLUDES THE NAME OF THE PARTY OR ANY AGENT, THE NAME OF THE RECIPIENT, THE AMOUNT OF THE CONTRIBUTION AND THE DATE, AND SO WE'D HAVE TO LOOK AT THAT MORE SPECIFICALLY, BUT TYPICALLY IT WOULD BE, YOU KNOW, AS THEY'RE MAKING THEIR FILING, IF THEY'RE FILING FOR A PERMIT OF SOME SORT, AT THAT POINT IN TIME, THEY WOULD BE MAKING THAT DISCLOSURE, AND SO THAT WOULD BE A SEPARATE JUST LETTER THAT SAYS DISCLOSURE.

THE LEVINE ACT DOES NOT SPECIFICALLY ADDRESS KIND OF WHAT IT LOOKS LIKE MORE THAT IT'S REQUIRED.

OKAY. THANK YOU.

TRUSTEE ROCHA.

THANK YOU FOR THE PRESENTATION AND ALSO WANT TO ACKNOWLEDGE AND THANK TRUSTEE, I THINK IT WAS MAH, THAT MADE THE RECOMMENDATION TO CONTINUE THIS ITEM TO THIS MEETING.

A LITTLE MORE TIME FOR THAT OR WAS THAT TRUSTEE DI SALVO.

SO THANK YOU, EITHER WAY.

I HAD A QUESTION ON THAT PARTICULAR TOPIC.

I WANT TO FOLLOW UP ON THAT.

SO IF THIS IS A STATE LAW AND THE RECORDING OF THIS CONTRIBUTION BY THE SO CALLED AGENT OR REPRESENTATIVE IS WITH NOT THE STATE, IT'S WITH THAT LOCAL JURISDICTION.

THEORETICALLY, YES.

THE STATE LAW APPLIES TO THE BOARD AND TO LOCAL ELECTED OFFICIALS.

SO THEN USING THIS BOARD AS AN EXAMPLE, HYPOTHETICALLY, YOU HAD A CONTRACT IN FRONT OF US.

I'M NOT SURE IF THAT'S THE CASE, BUT THEY WOULD RECORD THAT WITH OUR CLERK, OR GENERAL COUNSEL, OR WHERE WOULD THAT, WOULD IT BE INCLUDED IN THE PACKET OF THE SUBMITTAL FOR THE BID OR, I MEAN, HOW WOULD THAT WORK? YEAH, THE LAW IS NOT SPECIFIC ABOUT HOW AND KIND OF WHERE OR WHAT THAT LOOKS LIKE, BUT WE'RE HAPPY TO KIND OF PROVIDE MORE GUIDANCE TO DR.

DEWAN TO SHARE WITH YOU ALL ON SOME POTENTIALLY RECOMMENDATIONS ABOUT HOW TO ACCEPT THAT OR REQUIRE THAT'S WHERE I WAS GOING WITH THIS WAS GENERALLY HAVE WE, AS THE COUNTY OFFICE OF EDUCATION, HAD THAT DISCUSSION ABOUT HOW TO HANDLE THESE SHOULD THAT ARISE.

SO THANK YOU. I'LL GO BACK TO THE BEGINNING.

SO LET'S SAY A ENTITY DOES PROVIDE A CONTRIBUTION OVER 250 AND THEN KNOWINGLY THAT THEY'RE

[00:25:04]

GOING TO APPLY FOR, LET'S SAY, A LAND USE PERMIT OR AN ENTITLEMENT, AND THEN NOW THEY DID.

SO THAT ELECTED OFFICIAL NOW HAS TO ABSTAIN.

EVEN THOUGH THEY DID NOT KNOW THAT OR MAYBE THE AGENT DID NOT KNOW THAT THEY WERE GOING TO PURCHASE THIS PROPERTY AND THEN SUBMIT A REQUEST TO REZONE IT AS AN EXAMPLE. YEAH.

SO I MENTIONED THIS BEFORE, ON SLIDE NINE DOESN'T HAVE THIS THE SPECIFICS, BUT SO FOR A CONTRIBUTION THAT'S RECEIVED IN THE 12 MONTHS PRIOR AND SO YOU WOULDN'T KNOW OR THE CONTRACTOR WOULDN'T KNOW THAT THEY'LL BE SUBMITTING, THE OFFICER WHO RECEIVED THE CONTRIBUTION MUST EITHER RECUSE FROM THE PROCEEDING OR RETURN THE CONTRIBUTION WITHIN 30 DAYS OF THE TIME.

THEY KNEW OR SHOULD HAVE KNOWN ABOUT THE CONTRIBUTION AND THE EXISTENCE OF THE PROCEEDING.

SO IF YOU KNEW OF THE CONTRIBUTION AND THEN THE PROCEEDING IS JUST STARTING AT THE START OF THE PROCEEDING OR WHEN YOU KNOW OF THE PROCEEDING HAPPENING, AT THAT POINT, YOU WOULD RETURN THE CONTRIBUTION AND DISCLOSE IT ON THE RECORD.

SO IT MIGHT BE AT A BOARD MEETING, IT MIGHT BE IF THERE'S ANOTHER TYPE OF PROCEEDING THAT'S OCCURRING WHERE THAT IS BEING CONSIDERED.

THANK YOU. SO I GUESS THE TERM RECUSE AND ABSTAIN, IS THAT ONE AND THE SAME FROM THE LAW'S POINT OF VIEW? YEAH, THE LEVINE ACT USES THE LANGUAGE RECUSE, BUT I WOULD SAY GENERALLY THAT'S HOW I WOULD INTERPRET THEM.

SO I JUST WANTED TO BE CLEAR ON THE LANGUAGE USED OR TO BE USED AND THEN EMPLOYEE BARGAINING UNITS, HOW DOES THAT AFFECT IF I MISSED THAT IN THE PRESENTATION, FORGIVE ME. YEAH, AND SO THE LEVINE SPECIFICALLY, IT APPLIES TO CONTRACTS, BUT NOT TO LABOR CONTRACTS OR PERSONAL EMPLOYMENT CONTRACTS.

I DIDN'T KNOW WHAT EXACTLY.

SO THAT ENCOMPASSES ALL CONTRACTS WITH LABOR UNIONS, AND THEN SO INDIVIDUAL EMPLOYEES OF AN AGENCY COULD CONTRIBUTE ABOVE THE $250, AND THAT EVEN THOUGH THAT I'M VOTING ON A CONTRACT FOR THEIR EMPLOYMENT, THEY'RE NOT BOUND BY THIS.

I'M GOING TO SAY, BASED ON WHAT WE HAVE HERE, BUT AND BASED ON THE PLAIN READING BUT IT WOULD BE, YOU KNOW, THAT'S SOMETHING THAT WE WOULD WANT TO LOOK INTO MORE SPECIFICALLY JUST TO CONFIRM, BUT BASED ON THE READING OF THE LANGUAGE OF THE ACT, YOU KNOW, THAT WOULD SEEM RIGHT.

OKAY. THANK YOU, AND THEN THE FINANCIAL INTEREST KNOWLEDGE IS BORNE BY WHOM? RIGHT? BECAUSE IT COULD BE AN INDIVIDUAL THAT JUST HAS A FINANCIAL INTEREST IN SOME COMPANY, BUT THEY'RE NOT AN AGENT.

THEY'RE NOT A REPRESENTATIVE. THEY WERE NOT INVOLVED IN THE LOBBYING.

THEY WERE NOT INVOLVED IN THE APPLICATION PROCESS.

THEY JUST HAVE A VESTED INTEREST IN THE COMPANY.

SO THAT KNOWLEDGE IS BORNE BY THE ELECTED OFFICIAL OR BY THAT INDIVIDUAL OR BY BOTH.

IT'S DEFINITELY BORNE BY THE INDIVIDUAL, AND THEN IT'S IF THE ELECTED OFFICIAL KNOWS OR HAS REASON TO KNOW OR IF BASED ON AND THE REASON TO KNOW IS BASED ON THE SPECIFICS OF THE SITUATION.

SO POTENTIALLY, IF THAT PERSON IS TESTIFYING IN SUPPORT AND THEY'RE REVEALING SOMETHING IN THEIR TESTIMONY ABOUT THEIR INVESTMENT IN THAT COMPANY, THAT MIGHT BE THAT. THAT IS [INAUDIBLE] BECAUSE I CAN IMAGINE HAVING AN INTEREST AS A BUSINESS OWNER IN DIFFERENT INVESTMENTS.

NOW I'VE GOT TO TRACK EACH AND EVERY CONTRIBUTION I'VE MADE AND EACH AND EVERY JURISDICTION THAT I MADE IT TO AND EACH AND EVERY ITEM THAT COMES BEFORE THEM.

THAT IS SIGNIFICANT, AND THEN THE FINE THAT WAS LISTED AS THAT TO THE STATE, AND IS IT THE ATTORNEY GENERAL THAT OVERSEES THIS OR IS IT LOCAL COUNTY DA? IT'S THE FPPC, WHICH IS THE ENFORCEMENT AGENCY.

OKAY. SO THEN BUT THE FINE AND FINDING THAT SOMEONE'S GUILTY OF IT, IS THAT THE LOCAL DA OR IS THAT THE ATTORNEY GENERAL? I MEAN, THE STATE. WELL, THE POLITICAL REFORM ACT IS NOT A CRIMINAL LAW SECTION 1090 IS, BUT THE POLITICAL REFORM ACT IS ENFORCED BY THE FPPC IN PARTICULAR.

OKAY. SO THEY HAVE THE ABILITY TO FINE, BUT IT'S A CIVIL FINE.

IT'S NOT A CRIMINAL FINE.

OKAY, AND AGAIN, FORGIVE ME IF I MISSED THIS ONE.

NONPROFITS. I DIDN'T SEE IF THEY WERE CALLED OUT OR SPECIFIED AS HOW THIS APPLIES.

IT VERY WELL COULD APPLY TO NON-PROFITS.

SO, FOR EXAMPLE, IF IT'S A CONTRACT THAT BY LAW DOESN'T REQUIRE THE BOARD TO SELECT THE LOWEST BIDDER.

SO THE COUNTY HAS A LOT OF THOSE CONTRACTS THAT CAN APPLY A VARIETY OF FACTORS IN SELECTING THE CONTRACT THROUGH A REQUEST FOR PROPOSAL PROCESS.

FOR EXAMPLE, THE NONPROFIT WOULD BE SUBJECT TO THE LEVINE ACT OR THAT PROCEEDING RELATING TO A NONPROFIT WOULD FALL UNDER THE LEVINE ACT AND THEN OTHER GOVERNMENT AGENCIES THAT DO HAVE CONTRACTS WITH EACH OTHER TO PROVIDE SERVICES.

I THINK THAT'S SOMETHING THAT WE'D HAVE TO LOOK INTO.

OKAY. THANK YOU, AND I THINK THAT WAS IT.

I'M SORRY. THANK YOU TO MY FELLOW TRUSTEES FOR INDULGING ME.

THANK YOU. TRUSTEE ROCHA.

TRUSTEES ARE THERE ANY OTHER QUESTIONS? I HAVE ONE QUESTION.

SO I THINK TRUSTEE ROCHA'S QUESTIONS KIND OF GOT MINE GOING.

[00:30:04]

IF WE HAD LIKE A CONCERN, LIKE, OKAY, THIS COULD POSSIBLY BE, YOU KNOW, THIS GROUP, I'LL JUST SAY GROUP IS GOING TO BE POSSIBLY SOMEBODY THAT COULD COME INTO THE LIVING ACT.

WHAT WOULD BE THE BEST WAY TO SAY, YOU KNOW, WHO DO WE ASK? DO WE CALL THE FPPC? DO WE ASK DR.

DEWAN, IS THIS PARTICULAR GROUP GOING TO BE OF CONSIDERATION FOR ANYTHING IN THE, YOU KNOW, IN THE NEXT 12 MONTHS? I UNDERSTAND IF IT COMES UP AND WE DON'T KNOW, BUT IF WE KNOW THAT THIS IS POSSIBLY SOMETHING, WHO WOULD BE THE BEST RESOURCE TO SEE JUST JUST TO GET AN ANSWER AHEAD OF TIME? YEAH. SO I THINK DEFINITELY QUESTIONS THAT RELATE TO THE ADMINISTRATION OF BUSINESS FOR THE PUBLIC ENTITY.

I THINK THAT MAKES SENSE TO TOUCH BASE WITH DR.

DEWAN FOR INDIVIDUAL ISSUES, YOU'D WANT TO TOUCH BASE WITH THE FPPC OR CAMPAIGN FINANCE ATTORNEYS TO GET GUIDANCE. OKAY.

ALL RIGHT. THANK YOU.

OKAY. I DON'T THINK THERE'S ANY MORE QUESTIONS.

SO THANK YOU FOR YOUR TIME THIS EVENING.

THANK YOU FOR THE PRESENTATION.

THANK YOU FOR HAVING US.

ALL RIGHT. NOW WE WILL MOVE ON TO AGENDA ITEM NUMBER FOUR, CLOSED SESSION.

[4. CLOSED SESSION]

THE BOARD IS NOW 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 AND TO AFFIRM AND UNDERSTANDING OF THE PARAMETERS FOR THE CONDUCT OF BUSINESS.

IN THIS CLOSED SESSION, WE HAVE FOR CLOSED SESSION AGENDA ITEMS FOR A INTER-DISTRICT TRANSFER.

I'M SORRY INTER-DISTRICT ATTENDANCE APPEAL FILED ON BEHALF OF STUDENT RESIDENT DISTRICT OAK GROVE SCHOOL DISTRICT DESIRED DISTRICT SAN JOSE UNIFIED SCHOOL DISTRICT.

ITEM 4B INTER-DISTRICT ATTENDANCE APPEAL FILED ON BEHALF OF STUDENTS.

RESIDENT DISTRICT SANTA CLARA UNIFIED SCHOOL DISTRICT DESIRED DISTRICT, CUPERTINO UNION SCHOOL DISTRICT FOUR C EXPULSION APPEAL FILED ON BEHALF OF STUDENT RESIDENT DISTRICT CAMPBELL UNION SCHOOL DISTRICT 4D CONFERENCE WITH LEGAL COUNSEL.

ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(2) ONE CASE.

CLOSED SESSION SHOULD TAKE APPROXIMATELY 2.5 HOURS.

THANK YOU. ALL RIGHT.

GOOD EVENING, EVERYBODY.

WE HAVE A QUORUM, SO I'M GOING TO GO AHEAD AND JUST KEEP PUSHING US THROUGH.

OKAY SO WELCOME BACK.

IN REGARD TO CLOSED SESSION ITEM 4A INTER-DISTRICT TRANSFER APPEAL FILED ON BEHALF OF STUDENT RESIDENT DISTRICT OAK GROVE SCHOOL DISTRICT DESIRED DISTRICT, SAN JOSE UNIFIED

[A. Report of Actions Taken in Closed Session]

SCHOOL DISTRICT. A MOTION WAS MADE BY TRUSTEE DI SALVO AND SECONDED BY MYSELF PRESIDENT CHON TO APPROVE THE APPEAL BASED ON FACTOR 12 THROUGH EIGHTH GRADE, WITH A VOTE OF SIX AYES, ZERO NOES, AND ONE ABSTENTION FROM TRUSTEE LARI IN REGARD TO CLOSED SESSION ITEM 4B INTERDISTRICT TRANSFER APPEAL FILED ON BEHALF OF STUDENTS RESIDENT DISTRICT SANTA CLARA UNIFIED SCHOOL DISTRICT DESIRED UNIT CUPERTINO UNION SCHOOL DISTRICT.

A MOTION WAS MADE BY VICE PRESIDENT SREEKRISHNAN AND SECONDED BY TRUSTEE DI SALVO TO APPROVE THE APPEAL BASED ON FACTOR FIVE THROUGH GRADE EIGHT WITH A VOTE OF SEVEN AYES ZERO NO ZERO ABSTENTIONS IN REGARD TO CLOSED SESSION ITEM 4C THE EXPULSION APPEAL FILED ON BEHALF OF STUDENT RESIDENT DISTRICT CAMPBELL UNION SCHOOL DISTRICT.

A MOTION WAS MADE BY TRUSTEE ROCHA AND SECONDED BY TRUSTEE BERTA TO CONTINUE THE HEARING TO MONDAY, AUGUST 7TH, 2023, AT 5 P.M.

. ON ITEM 4B, THERE ARE NO REPORTABLE ACTIONS.

MOVING ON TO ITEM SIX CONSENT ACTION ITEMS.

[6. CONSENT ACTION ITEMS]

I WILL ENTERTAIN A MOTION TO APPROVE CONSENT ACTION ITEM 6A THROUGH H AND THEN 6I WAS PULLED FOR DISCUSSION.

SO MOVED. SO MOVED BY TRUSTEE BERTA, AND OKAY, SECONDED BY TRUSTEE MAH.

TRUSTEES. WE PROBABLY HAVE TO LOG BACK INTO BOARD DOCS, BUT PLEASE VOTE IN BOARD DOCS.

[INAUDIBLE] OKAY. VERBAL.

A VERBAL FROM TRUSTEE MAH.

AYE. THANK YOU.

ARE YOU MISSING ANY OTHER TRUSTEES? OH, THANK YOU, AND THAT MOTION PASSES WITH SIX AYES AND ONE NOT PRESENT AT VOTE.

[00:35:03]

MOVING ON TO 6I.

[I. Request Adoption of Resolution in Support of Ethnic Studies]

THAT IS THE RESOLUTION ON ETHNIC STUDIES.

TRUSTEE DI SALVO DID PULL THIS ITEM, BUT HE'S NO LONGER HERE, BUT I WILL PUT IT OUT FOR DISCUSSION FOR ANY OF OUR TRUSTEES.

YES. OH, OKAY.

DO YOU WANT TO SPEAK TO IT? YEAH, GO AHEAD, TRUSTEE LARI. SO I THINK WE JUST WANTED TO REVISE IT BECAUSE IT IS MORE INCLUSIVE TO INCLUDE.

OH, I'M SORRY. ACTUALLY, I'M GOING TO HAVE DR.

DEWAN MAKE A QUICK COMMENT ON ITEM 6I FIRST, AND THEN IT WILL BE RELEVANT TO WHAT YOU JUST SAID, DR.

DEWAN. YES.

THANK YOU. SO WE JUST WANTED TO POINT OUT AND ITEM 6I THERE ARE TWO COPIES OF THE RESOLUTION, THE ORIGINAL RESOLUTION THAT WAS POSTED ON FRIDAY, AND THEN A REVISED RESOLUTION THAT REFLECTS MORE INCLUSIVE LANGUAGE THAT WAS PROVIDED BY TRUSTEE LARI AND TRUSTEE BERTA FOR INCLUSION AND TRUSTEE DI SALVO WAS IN SUPPORT.

I'M SPEAKING ON HIS BEHALF, WAS IN SUPPORT OF THE REVISED LANGUAGE, AND SO THE DISCUSSION IS FOR THE BOARD TO CONSIDER WHEN MAKING THE MOTION.

THE VERSION THAT SAYS REVISED 8TH AUGUST SECOND 23 RESOLUTION, AND PERHAPS THE TRUSTEES WANT TO SPEAK TO THE INCLUSIVE LANGUAGE.

YES, AND SO TRUSTEE LARI, IF YOU WANTED TO SPEAK TO THAT.

I THINK TRUSTEE BERTA SHOULD.

OKAY. TRUSTEE BERTA.

SURE. SO THE WHEREAS CLAUSE I CAN JUST READ IT THE PROPOSED LANGUAGE.

SO WHEREAS ETHNIC STUDIES CURRICULA BENEFITS ALL STUDENTS BY EXPOSING THEM TO ACCURATE, UNBIASED INFORMATION THAT SHOULD BE FREE OF ALL FORMS OF BIGOTRY, INCLUDING, BUT NOT LIMITED TO RACISM, SEXISM, CLASSISM, ABLEISM, AGEISM, ANTI-SEMITISM, ISLAMOPHOBIA, HOMOPHOBIA AND XENOPHOBIA, AND THEN THE RESOLUTION CONTINUES. I JUST WANTED TO POINT OUT THE SPECIFIC CLAUSE THAT WE WERE DISCUSSING.

SO AGAIN, THE INTENT IS JUST TO MAKE THE LANGUAGE MORE INCLUSIVE OF THE MANY GROUPS THAT WE CONSIDER.

YEAH. THANK YOU.

TRUSTEE DI SALVO WOULD YOU LIKE TO SPEAK ON THIS? I KNOW YOU PULLED THIS ITEM AND WE WENT A LITTLE FAST.

I LIKE THE CHANGES. I LIKE THE ADDITIONS.

I'M GLAD IT'S BEING BROUGHT BACK.

I APPRECIATE YOU BRINGING IT BACK, AND I CERTAINLY MOVE TO APPROVE THE 6I.

THANK YOU. I WILL SECOND THAT MOTION AND THANK YOU.

TRUSTEE DI SALVO FOR BRINGING THIS FORWARD AS A GREAT REMINDER OF THE DIVERSE COMMUNITY WE HAVE IN SANTA CLARA COUNTY , AND THAT MOTION CARRIES WITH SEVEN YESES UNANIMOUSLY.

THANK YOU, TRUSTEES.

NOW MOVING ON TO ACTION, ITEM NUMBER 7A, WE HAVE TWO ACTION ITEMS THIS EVENING.

DR. DEWAN, COULD YOU PLEASE INTRODUCE THE FIRST ITEM? YES. THANK YOU. PRESIDENT CHON.

[A. Request Adoption of Resolution Authorizing and Delegating Authority to the Superintendent or Designee to Issue to Bullis Charter School/ The Bullis-Purissima Elementary School a Reaffirmation(s) of the May 21, 2021, Notice in Accordance with Education Code Section 47607(e)]

AS IS NOTED IN THE BOARD, AGENDA ITEM FOR 7A, THIS IS A RECOMMENDATION FOR THE BOARD TO ADOPT A RESOLUTION.

THIS WOULD BE AUTHORIZING AND DELEGATING AUTHORITY TO THE COUNTY SUPERINTENDENT TO ISSUE TO BULLIS CHARTER SCHOOL, THE BULLIS PRISMA ELEMENTARY SCHOOL.

A REAFFIRMATION OF THE MAY 21ST, 2021 NOTICE IN ACCORDANCE WITH EDUCATION CODE SECTION 47607(E) THE REASON THAT THIS ITEM IS BEING BROUGHT FORWARD AS A REAFFIRMATION IS THAT TWICE DURING, ONCE DURING COVID AND RECENTLY BY ACTION OF THE STATE LEGISLATURE AND THE BUDGET TRAILER BILL, THE TIMELINE FOR RENEWALS HAVE BEEN EXTENDED FOR CHARTER SCHOOLS AND THE PURPOSE OF THIS NOTICE IS TO REFLECT UPDATED DATA AND TO AFFIRM THAT ALTHOUGH THE RENEWAL EXTENSION HAS OCCURRED AND THIS CHARTER SCHOOL WILL NOT COME FOR RENEWAL AS ON THE TIMELINE ORIGINALLY THOUGHT, THERE IS STILL A NEED FOR BULLIS CHARTER SCHOOL TO UNDERSTAND THE BOARD'S EXPECTATIONS RELATED TO ITS RESPONSIBILITY TO SERVE ALL PEOPLES, AND IT IS OUR RECOMMENDATION THAT THE BOARD ADOPT THIS RESOLUTION.

THANK YOU DR. DEWAN.

[00:40:01]

BEFORE WE MOVE TO QUESTIONS FROM THE TRUSTEES, I WANTED TO SEE.

MODERATOR ARE THERE ANY PUBLIC COMMENTS ON THIS ITEM? YES, THERE IS ONE CARD.

THANK YOU. THE SCCBOE STRIVES TO MAINTAIN A RESPECTFUL AND CIVIL ENVIRONMENT FOR THE CONDUCT OF ITS MEETINGS.

COULD WE PLEASE PRESENT THE TWO MINUTE TIMER? A TIMER WILL BE DISPLAYED AND WHEN THE ALLOTTED TIME IS UP, THE BUZZER WILL SOUND, YOU WILL BE MUTED AND YOUR TIME TO SPEAK WILL END.

SPEAKERS ARE ENCOURAGED TO AVOID REPEATING COMMENTS MADE BY OTHER SPEAKERS, AND SPEAKERS MAY CHOOSE TO SIMPLY STATE THEIR AGREEMENT WITH THE PREVIOUS SPEAKER.

MODERATOR CAN YOU PLEASE BEGIN PUBLIC COMMENT? YES, THANK YOU.

AS YOU HEAR YOUR NAME.