Read at the Special Board Meeting of Sunday, August 17, 2008
This meeting is improper and possibly illegal. I would like the record to show that my husband and I believe the law requires that this meeting be rescheduled to a more appropriate time and place.
When the announcement appeared yesterday that this special meeting was to be held on a Sunday morning at the home of a Board member, my immediate reaction was: “Have they taken leave of their senses?”
While some feel the need for speed in appointing a new superintendent, I feel it is regrettable that you did not feel this need earlier in the process when expediency did not lead you to abandon good judgement.
The public’s business must be conducted in public. It must be conducted at a time when all members of the public can attend. It is your civic responsibility to hold meetings at an appropriate time.
Sunday morning does not meet that standard. The public’s business must be conducted in a place accessible to all members of the public.
Specifically, the Brown Act, as explained in the CSBA booklet, says, “All board meetings must be open and public.... and meet the requirements of the Americans with Disabilities Act “.
I invite you to demonstrate that this meeting place complies with that requirement. The California Legislature has established a presumption in favor of public access. The following section is from “The Brown Act: Open Meetings for Legislative Bodies” published in 2003 by the California Attorney General’s Office:
”A legislative body may not conduct any meeting or function in any facility.... which is inaccessible to disabled persons ... (§ 54961.) A facility is accessible if it fully satisfies the accessibility requirements of Government Code section 4450 et seq. or Health and Safety Code section 19955 et seq., as well as the federal Americans with Disabilities Act of 1990. (§ 54953.2) If a meeting facility is inaccessible, the meeting must be moved to an accessible facility. “
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