From the December 12, 2007 minutes:
Board President Calls For Blue Speaker Slips
- CORRESPONDENCE/COMMUNCIATIONS
This section of the agenda is provided for the public to address any item which lies within the governing board’s jurisdiction that is not on the agenda. State law prohibits the Board of Trustees from discussing any item not on the agenda.- Correspondence: None
- Public Comments:
Corinne Hackbart submitted a speaker slip to the Board, which was read aloud by President Easton. - Public Input: None
(Right-click and press Play to listen)
We have one speaker slip for public comment... submitted by Corinne Hackbart who asked to register her position and she turned in an item to read.
Dear Editor,
This is in response to the December 6 column that was written by Marsha Sutton.
I have nothing more to say than that I am apalled. I was feeling as if this new board was beginning to work in a collaborative effort, to make positive decisions that would be benefiting the Del Mar Union School District and the community.
Now I see through the paper that not only have a couple of board members, one being Linda Crawford and our superintendent Tom Bishop, been lying to all of the PTA presidents, staff and school board members, but Linda Crawford intended to spin this scenario of ill will displayed by the parents toward Tom Bishop because of his attempts to manipulate the immersion program to a school that clearly does not want it, and make the blame appear to be the board's fault.
This clearly indicates that something very wrong is going on in the district level including our superintendent Tom Bishop and board trustee Linda Crawford.
Honestly I feel this whole thing has come about because Tom and a few staff members, along with Linda, realized that there is a possibility that the district offices may be housed at Sycamore Ridge for a temporary timeframe.
Is the thought of the possibility of placing the district office at Sycamore Ridge for a temporary basis that bad? Is the thought of the district not building the Tom Mahal, aka the new district office, so upsetting to some of the board members, staff and Tom, that they will stop at nothing to get the district office built, even if it means lying to the parents and the people of this community?
This group appears so desperate to get this district office built that they are willing to attempt to ramrod this immersion program through without a budget.
That in itself is fiscally irresponsible, and those responsible should be reprimanded.
I am asking for the immediate resignation of Linda Crawford and Tom Bishop.
Signed,
Corinne Hackbart
From the February 27, 2008 Board Packet:
February 14, 2008
To: Board Members
From: Tom Bishop
Subject: 1st Reading, Revised Board Bylaw 9323, Meeting Conduct
At its meeting on lanuary 23, the Board of Trustees asked to have a future discussion regarding written statements presented to the Board on a Blue Speaker Slip by a member of the public who opt not to speak.
Attached is a copy of Board Bylaw 9323 that governs public participation as school board meetings. Under "Public Participation" in Section 3 of Board Bylaw 9323 states, "A person wishing to be heard by the Board shall first be recognized by the President. He/she shall then identify himself/herself and proceed to comment as briefly as the subject permits."
Section 3 under "Public Participation" of Board Bylaw 9323 requires that the person be recognized by the President and that the person identify himself/herself and proceed to comment. Current Board Bylaw 9323 requires that the actual person be recognized by the President and also requires that the actual person proceed with comments.
If the Board wants to modify Board Bylaw 9323 to allow persons to submit written statements and have the Board President read the statement at a public meeting, then the Board will need to modify Board Bylaw 9323.
In January, Board Member Lamborghini pointed out several risks that may be associated with allowing persons not in attendance to submit written statements and to have the Board President read the statement of the "absent" person. Board Member Lamborghini may wish to elaborate on her concern over having statements from "absent" individuals being read during the Board meeting by the Board President.
The Board may wish to consider a revision to Board Bylaw 9323 that specifically requires any person who wishes to address the board during a board meeting to be present to make his/her comments.
Board Bylaw 9323 might be revised as follows:
#8. Any person who wishes to address the board during a board meeting is required to be present to make his/her comments, and all speakers must follow Board Bylaw 9323 in order to participate.
This possible revision is noted in bold italics in Board Bylaw 9323 included herein.
The superintendent is seeking board guidance on this possible revision.
From the March 26, 2008 Board Packet:
March 19, 2008
To: Board Members
From: Janet Barnard, Interim Superintendent
Subject: 2nd Reading and Approval, Board Bylaw 9323, Meeting Conduct
Board Bylaw 9323 on Meeting Conduct is being presented to the Board this evening for a second reading and approval. No additional changes have been added since the first reading.
The administration conferred with legal counsel regarding public interaction with the Board. Specific guidance was requested on the registering of opinion and the reading of letters into the public record without the author of the letter being present.
Counsel affirmed that the law is clear that a member of the public has the right to directly address the Board. However, there is no provision for entitling a member of the public to have a written statement made part of the Board meeting's public record without addressing the Board. Additionally, there is not a provision entitling a member of the public to complete a speaker slip to register a preference or position on an agenda topic. Counsel also stated that he is unaware of any governing board that allows members of the public to enter written testimony into the record without being present nor allows expressions of support or opposition on a particular issue.
Therefore, the administration does not recommend adding additional language to the policy that would support the registering of an opinion without addressing the Board. The administration also recommends that the speaker slip be modified to reflect the public comment form used in the Solana Beach, Cardiff and Encinitas School Districts included herein.
FISCAL IMPACT: None
RECOMMENDED: The Interim Superintendent recommends approval of Board Bylaw 9323, Meeting Conduct.
DEL MAR UNION SCHOOL DISTRICT
Bylaws/Administrative Regulations of the Board
Board Bylaw 9323: MEETING CONDUCT
The Governing Board desires to conduct its meetings effectively and efficiently. All Board meetings shall begin on time and shall be guided by an agenda prepared and delivered in advance to all Board members and other designated people.
Board meetings shall be conducted by the President in a manner consistent with adopted Board bylaws and parliamentary procedure.
Meeting agenda items that are discussion items, that is, not part of the approved consent calendar or a report, will follow this presentation format:
- The Board President calls for the item on the agenda.
- The District Superintendent or designee presents the item in a manner that allows for concise, accurate understanding of the item or issue.
- Board members may then ask clarifying questions of the District Superintendent or his designee.
- The Board President then calls for Public Input on the agenda item.
- At the conclusion of Public Input, the Board President calls for Board discussion of the item.
- At the conclusion of Board discussion. the Board President calls for a motion, which may then be seconded, followed by a vote or more discussion.
- Action on motions shall follow" established parliamentary procedure until the vote is cast and the item concluded.
Quorum
A majority of the members of the Board shall constitute a quorum (Education Code 5095, 35165).
Unless otherwise provided by law, affirmative votes by a majority of the Board's membership are required to approve any action under consideration, regardless of the number of members present (Education Code 35164).
Public Participation
Because the Board has a responsibility to conduct district business in an orderly and efficient manner, the following procedures shall regulate public presentations to the Board.
- The Board shall give members of the public an opportunity to address the Board either before or during the Board's consideration of each agenda item (Education Code 35145.5, Government Code 54954.3).
- At a time so designated on the agenda, members of the public also may bring before the Board matters that are not listed on the agenda of a regular meeting.
- The Board may refer such a matter to the Superintendent or designee or take it under advisement, but shall not take action at that time. The matter may be placed on the agenda of a subsequent meeting for action or discussion by the Board (Education Code 35145.5, Government Code 54954.3).
- A person wishing to be heard by the Board shall first be recognized by the President. He/she shall then identify himself/herself and proceed to comment as briefly as the subject permits.
- Individual speakers shall be allowed up to three minutes to address the Board on each agenda or non-agenda item during "public comments." A speaker's allotted time may not be increased by a donation of time from members of the Public in attendance. The Board shall limit the total time for public input on each item to 20 minutes. With Board consent, the President may increase or decrease the time allowed for individual public presentation, depending on the topic and the number of persons wishing to be heard. The president may take a poll of speakers for or against a particular issue and may ask that additional persons speak only if they have something new to add.
- With Board consent. the President may modifY the time allowed for public presentation.
- The Board President may rule on the appropriateness of a topic. If the topic would be more suitably addressed at a later time, the President may indicate the time and place when it should be presented.
The Board shall not prohibit public criticism of its policies, procedures, programs, services, acts or omissions.
Whenever a member of the public initiates specific complaints or charges against an employee, the Board president shall inform the complainant that in order to protect the employee's right to adequate notice before hearing of such complaints and charges, and also to preserve the ability of the Board to legally consider the complaints or charges in any subsequent evaluation of the employee, it is the policy of the Board to hear such complaints or charges in closed session unless otherwise requested by the employee pursuant to Government Code 54957. - In the event of willful interruption by individuals or groups so as to render the orderly conduct of any open meeting unfeasible and order cannot be restored by the removal of the individuals or groups who are willfully interrupting the meeting, the Board may order the meeting room cleared and continue the session.
Only matters appearing on the agenda may be considered in such a session. Representatives of the media, except those participating in the disturbance, shall be allowed to attend such session.
After the room is cleared, the Board shall determine on either an individual or group basis whether the individual or group shall be readmitted to the meeting. Individuals or groups not responsible for the interruption or who did not participate in the interruption shall be readmitted.
Regular Board meetings shall be adjourned no later than 10:30 p.m. unless extended to a time certain by a majority of the Board. The meeting shall be extended no more than once for a maximum of 30 minutes and may be adjourned to a later time. - Any person who wishes to address the board during a board meeting is required to be present to make his/her comments, and all speakers must follow Board Bylaw 9323 in order to participate.
|