001[Music] Hello. Hey. [Music] Heat. Heat. [Music] Oh, [Music] hey. [Music] Hey. [Music] Hey. Hey. [Music] How are you doing? [Music] Heat. Heat. N. [Music] Heat. Heat. [Music] Hallelujah. [Music] Heat. Heat. [Music] Hello. [Music] Heat. [Music] Oh, [Music] hey. [Music] Hello. [Music] Hello. [Music] Oh. [Music] Hey. Hey. Hey. [Music] Heat. Heat. N. [Music] Hello. [Music] Heat. Heat. [Music] Oat. [Music] Heat. Heat. [Music] Love [Music] you. [Music] Heat. Heat. [Music] Oh, [Music] We'll start our special board meeting in approximately 1 minute. [Music] Good morning. [Music] Did you see us? [Music] Good morning and thank you all for joining us for today's special board meeting. I would like to call the meeting to order at 9:00 a.m. and move on to our uh language under public content by Evette. Thank you, Madam President. In order to help assure
002compliance with the Brown Act and in order to make our board meetings more effective and more efficient, trustees will speak only when recognized and trustees who speak on a topic other than the agenda item currently under consideration will be out of order. Board meeting protocols. The safety and decorum of a school board meetings are important to Stockton Unified School District and the community. SUSD promotes the public's right to free speech and we want to make sure that all community members, parents, and students are able to participate in a safe environment. We want to ensure all community members have a seat during the board meeting. We will have the maximum number of chairs per fire code, which is 132. We ask that members of the public do not stand along the side of walls or block
003the walkway. Anyone standing up during the meeting will be asked to take a seat. If they do not comply, they will be asked to leave. Any accredited news media representative who is standing will have a press credential clearly visible. There's a podium positioned in front of the first row of chairs. No one other than the person who is speaking may be at the podium except for a guardian, administrator, or translator. For safety, people may not line up behind the speaker to wait their turn. We want to give the person at the podium the time and respect they deserve. Each speaker will be allowed 3 minutes. Attendees are not allowed to enter the area past the podium where board members are sitting. No profanity or obscinity. During the board meeting, if there is a disruption, the
004board president or designate will give a verbal warning to the person or persons causing the disruption. If the disruption continues after the verbal warning, the individual or individuals will be asked to leave or be removed from the premises for the remainder of the board meeting. After the meeting is concluded, we ask community to clear the lobby area in a respectful manner. Back to you, Madam President. Thank you so much. Moving on to item 2.1, roll call. I'm sorry, 1.2, roll call. >> President Stevens, >> present. >> Vice President Colon, >> present. Clerk Daire, >> present. >> Trusty Perez, >> present. >> Trusty Priest, absent. Trusty Silva, >> absent. Okay, back to you, Madam President. Item 1.3, pledge of allegiance, led by Miss Sophia Cologne, board vice president. All rise. Thank you, Vice President Cologne. Item
0051.4, oral suggestions and comments from the community regarding public special public uh meeting agenda items. Abby will be the timekeeper and she will announce the number of public comments and request each person provide their public comment in the order they were received. Trustees, we do not have any public comment cards for item 1.4. Thank you. Item 2.1, Stockton Unified School District Board of Education to re to review process and procedures for filling an SUSD board trustee vacancy. And that will be facilitated by Miss Cynthia Smith from F3. Good morning, President Stevens, Vice President Cologne, Clerk Daire, Trusty Perez, and Superintendent M uh Rodriguez. I'm here today to talk about the process for filling a board vacancy. Oops. Currently, there is a vacancy in trust trustee area 2 and pursuant to education code section 5091 and
006board bylaw 9223 filling vacancies, the board has 60 days to take action to fill that vacancy. The uh options for filling that vacancy are to for the board to either make a provisional appointment to fill the vacancy or to order a special election to fill the vacancy. The vacancy occurred on September 22nd, 2025. And based on that date, the 60-day deadline to take action is November 21st, 2025. If the board does not take any action either by appointing a provisional appointee or ordering a special election, then the the superintendent of schools, county superintendent of schools is required to call a special election to fill the vacancy. This slide uh summarize summarizes the procedure regarding option one, filling the vacancy with a provisional appointment. I'm not going to read through this entire slide because it is
007broken up in the subsequent slides that follow. So, let's jump into that. Any questions at this point? Okay. >> Oh, trusty clone. >> Oh, sorry. >> Hi. I just wanted to clarify when the 60 days started as of what date? >> The 60 days started as of September 22nd, 2025. that was the date that the uh felony conviction was uh entered, a judgment was entered into on the felony conviction. The first step is to um advertise in local media and on the district's website to solicit candidates to apply to become a provisional appointee to the seat. Uh in addition, the board should put out an application um that will allow interested individuals who reside within trustee area 2 to um complete the application, submit that application. Uh the candidate has to be qualified to to
008apply and we'll get to that in in a moment. But um in addition to those actions, the board needs to um appoint an ad hoc committee consisting a less than a quorum of the member of the trustees to ensure that when those applications are submitted that they're reviewed and that um candidates do meet the um the qualifications to apply. So with regard to the um applica or the uh qualifications that an individual must meet in order to apply um in addition to being a resident of trustee area 2, they have to be 18 years or older um be a citizen and a registered voter. In addition, the candidate cannot be cannot have been convicted of specific types of felonies, including bribery, embezzlement, theft of public funds, extortion, perjury, or having um cons uh been felony
009convicted of conspiracy to commit any of those crimes. Um even if that happened in another state, another country. So those are the um the qualifications that an individual needs to meet in order to um apply to be a provisional appointee to the seat. The fourth step once um the uh the applications are submitted and the ad hoc committee has an opportunity to um review those applications and and that process is a it's not a public process. It's literally just looking at the applications and confirming that the individuals meet the qualifications and reside within trustee area 2. And then qualified candidates are then submitted to a public process where the candidates are named and then interviewed at an open session. Um and at that meeting oral um and written public input is taken with regard to
010the candidates that have uh submitted uh applications. Uh in the in the interest of fairness, um we recommend that all of the candidates are asked the same interview questions and given the same amount of time to respond to those questions. And then at the same that same meeting, the board can uh nominate candidates to be put forward to be provisionally appointed um by majority vote. And if that occurs, that person assumes the office and the powers of duties of the office at the time they are appointed and sworn in. Once the provisional appointment is made, the board is required to post notice in three public places within the district and in um the local paper, newspaper. um that the provisional appointment has been made. And that notice has to include specific information including the appointees
011full name, the date of the vacancy and when and of the appointment itself and a statement that a petition calling for special election. Um if the sign if uh the sufficient number of signatures is submitted can be filed with the county superintendent of schools within 30 days of the date of the provisional appointment. Um if that occurs then uh or sorry the notice provides the members of the public with that information and the option that a petition can be submitted um to basically uh over overrule the provisional appointment and to make the matter go to a special election. So again that that window of opportunity is 30 days from the date of the appointment. Um the signature requirement is 1.5% of the voters of trustee area 2 or 25 voters whichever is greater. And um
012if that happens, well that um application is or uh submitted to or petition is submitted to the county superintendent of schools who has to verify that the signatures are valid and that it meets all legal requirements. And if it does, then that petition will um um terminate the provisional appointment and a special election will occur. If there is no petition, then the provisional appointee um assumes um well, they they've already been exercising full powers and duties of the position, but they remain uh in that position until the next regular election for the board, which I believe is uh November 2026. The second option is the board can decide to um to dis to submit this matter for a special election. Uh if that happens, then the election will be held at the next established election
013date, which I believe it's it'll it would be either March of 2026 or June. And I I'm thinking it would be June. um because there's already going to be election an election set for June of and then um if that is the decision then the formal notice of election is prepared by the county superintendent and will contain the date of the election and the purpose etc. for the special election, the voter pool would be uh just trustee area two. And the cost for that special election, regardless of whether the special election is is um in in any case where a special election occurs with this, the cost for the special election would be borne by the district. As far as what that cost is, we are working on getting a specific number. It's based on
014the number of voters that uh are within trustee area 2. Um it could be anywhere between a a superintendent's prior experience where it was about $40,000. The last matter I worked on with regard to this, it was estimated to be about $135,000. So there is there is a cost for sure associated with the special election process. Next steps is for the board to discuss and approve either special election or proceeding with a provisional appointment. And I am happy to answer any other questions that might have come up. Are there questions for Miss Smith in option one? Step number step number four. >> Huh? >> Oh, I'm looking at uh page number four. Page four, step four. >> Yes. >> Public. This happens at a public meeting, right? >> Correct. >> Got it. Okay. That's what
015I need to know if it was public or not. >> The screening of the of the applications that come in by the ad hoc committee. That is that's not public. That's that's just a basically a paper review process, but then the candidates that qualify are submitted to the public open meeting process to be interviewed. >> Got it. Okay. Okay. Uh what would >> what would constitute um as a conflict of interest during the selection process for current trustees? >> I think that would depend on the individual. Oh, you you mean for the trustees sitting up here? I'm not sure what >> as far as personal financial personal relationships, that sort of thing during that selection process. >> Well, those would be governed by the regular, you know, government code section 1090, whether there's a financial
016interest um uh financial interest. Uh also there's other things about um common law conflicts of interest where uh uh due to relationships that might look like there may not be a decision being where a decision may not be um being made within the full interest of the district but potentially within the interests of um a trustee. And that would have to be determined on a case-by-case basis as far as what the specific facts of a potential conflict might be. And then are there legal limitations as far as how we can engage with the public as far as who can apply or encourage people to apply? >> Well, if we go through that process, >> right? I mean we would want the uh process to be as free from bias or influence as possible. So to
017the extent that um trustees want certain people to apply that that might give the appearance that that was going to influence the decision that's ultimate ultimately being made. So I wouldn't I don't know that I would recommend trustees seeking out certain people to apply. um that that might create an appearance of bias for that particular candidate if that makes sense. >> I have questions for members. >> I have a um for the ad hoc committee who chooses that committee? >> Um the board how what the the process that the board typically f follows for appointing ado committee members. It comes from the board president for ad hoc committee and also subcommittees. Thank you. >> Yes. Yeah. So I'll have her touch on the brown act. So it's a special meeting. So any comments would have
018come from the same process that we normally have it. >> Something Sophia Colon asked. It's just a date. That's all we wanted clarification. I thought I heard her say 22nd and on the slide it says the 21st. That's all we wanted to know. >> It should be 22nd. September 22nd, November. Yeah. Yeah. The date that the judgment was entered was the 22nd uh September 2025. >> Yeah. The the vacancy occurred on September 22nd, 2025. The deadline to fill the vacancy is November 21st, 2025. So 60 days from the date the vacancy occurred. Uh they're they're referring to uh page number two, slide one, and then slide number two >> where it says 60-day deadline, November 21st, 2025. That's the deadline that the act that the vacancy needs to be filled by. >> Got it. Yeah.
019>> Okay. Any other questions? >> Oh, Trusty Cologne. um when the uh when the board makes the um nominations. So that would be step five. Is this would that be a special meeting or is that a done at a regular meeting? >> It can be either. Um and it's recommended that everything sort of be done all at the same time. So the the candidates are put forth, they are interviewed, public uh input is taken and then at that same meeting the board can nominate candidates to be appointed and approved. And I just had a few questions just about the um if the vote if the appointee is challenged through the voter challenge. >> Yes. >> So um just wanting to better understand step number seven. This is uh voters may petition for a special election
020requires 1.5% of trustee area 2 voters or 25 voters. And I was just wondering is that the number of people who voted or is that the number of registered voters? I believe it's registered voters. If the appointed person, so the provisional appointment, if that ends up being challenged, any decisions that that person might have made, does that make those votes? What happens to those decisions? it those decisions stay because they are embied with the powers and duties of the office at the time they're appointed and sworn in. So they act until if if there is a petition that's submitted. Once that petition is submitted and verified to be compliant with the law, then the provisional appointment is terminated. But up until that point, they they are acting within the powers and duties of that office.
021Any other questions, guys? No. Oh, we're good. Yeah, sure. Okay, sounds good. No more questions. Thank you so much, Miss Smith. >> Thank you. All right, moving on to item 2.2, approval of procedure to fill uh trustee area 2 vacancy either by special election or provisional appointment. Is there a motion? >> Making a motion. Somebody question >> or question or motion? >> Question. >> Oh, question. Oh, motion. >> Question. >> Okay, we need a motion first. Yeah, we need a motion. >> I have a question. >> Got to have a motion. >> We have to have a motion first before we could do questions. >> Okay, I'll make the motion to Let me read this language here. >> So, I will make the motion to um fill trustee area 2 vacancy by special election. Is
022there a second? >> Yeah. All right. I'll second. Stevens discussion. >> Trusty Perez, you had a question. Right now, we're deciding if we're going to do special election or appointment. Yeah. So, Trustee uh Cologne just made a motion for special election and now the floor is open to questions. I gave her a second. So, now we can do questions on either or. >> Okay. Are we going to >> Are we going to Okay. >> Go ahead, Trusty Perez. Um, are we going to vote on a provisional appointment as well or we're just deciding if we're doing a special election? >> So, the motion was for a special, but she just stated >> I I made my own mistake. >> She made a mistake. Yeah, >> my own motion. I just realized I was trying to
023read it off and I just >> So her motion is actually she wants provisional. >> Yeah. And I'm going to amend it right now. >> We're an ad hoc. Yes. >> Okay. >> So I apologize. I apologize because I am trying to read trying to read this off and I >> made my own mistake. So, I'd like to amend my motion to state um I'd like to um I motion to fill trustee area 2 vacancy by provisional appointment. >> Okay, there we go. Now, is there a second? >> I second. All right. Second by now, uh trustes mayor, you had a question. >> Oh, my question has been answered. Thank you. >> All right. Other questions? All right. Hearing none, roll call vote. President Stevens, >> yes. >> Vice President Cologne, >> yes. >> Clerk
024Daire, >> yes. >> Trustee Perez, >> yes. >> Trustee Priest, >> yes. >> And Trusty Silva is absent. >> Motion passes. 5. I'm sorry, I didn't hear. Can you repeat that? I'm sorry. Yes. Motion passes. 50. Got it. Thank you. Thank you so much. >> You're welcome. >> Okay. Item 2.3, approval of procedures for a provisional appointment to fill trustee area 2 vacancy include in appointing an ad hoc committee, timeline, application, and interview questions. Is there a motion? And the timeline is uh one of the items on the agenda. If you can open up the items, you guys have your computers. I motion to approve. Okay, >> I'll second. Stevens discussion. >> Can you please put up on the screen the timeline, please? It's on board docs. Can you make it just a little bit
025bigger so that the audience can read it? Here you go. Can you all see that? Okay. Okay. Thank you. Can you bring up the provisional the questions for uh the interviews? May I make a suggestion with regard to the interview questions, please? >> Yes, go ahead. >> So, in the past, the last time the district did a provisional appointment, they selected six interview questions and each trustee was assigned a specific question. The number we have 11 proposed. So, if I don't know if the board wants to discuss um narrowing down to six specific questions assigned to each trustee. So, the questions you guys want to keep the 11 are one per uh trustee. I think all of the questions are really good. So, yeah, all of them are really good. Go ahead. I'm sorry. No,
026I was just going to say I could I could agree either way whether we narrow it down or keep all 11. I think another thing to consider is the time. If we do decide to to keep them all, which they are all good questions. I think we can garner a lot from a person by asking all of them, then we might consider a special meeting. Um because it, you know, is it twominut answer, three minute answer, five minute answer, you know, what are we going to do? Um or how are we going to try to get however many applicants we might have? You know, those are just some of the thoughts I had on that. >> Yeah. And just another thought that I had too when looking at the question is one, we don't ask
027them about background, right? About personal um background, about the person themselves. So that's one of the questions I would like to ask as well. >> You have a question. Trusty Daire question. >> Um I think so what I've seen before is that they ask like your background, what do you do for a living? Um do you talk about your role in your current trustee area? So I've seen those two questions. Um and I think they're on for SUSD. So there are two of the questions when this process happened previously that they were actually asked. So, what's your background? Um, connections or commitments you have to your current trustee area, the area where you live. Also, what do you do for uh a living and are you connected to any outside organiza organizations um or support
028groups? >> Just to point out one uh fact is that those questions are also addressed on the application itself. Madame President, I have a question. >> Oh, go ahead. >> Um, I'm wondering one of the um requirements is that the candidate must reside in trustee area 2. Who exactly is responsible for verifying that? >> The ad hoc committee. Can we ask that you show now the um application attachment also on board docs? That's what we're looking at now. Just to compare what's on the application um and compare that to the questions that we'll ask them. I'd like to ask a question going back to what Trusty Priest asked about conflict of interest. Um and that's something that the ad hoc committee would be um looking at this information here the application their questions and the
029answer was for the conflict of interest. Uh my note is um similar to you know what the form 700 right what they're right isn't that the conflict of interest form um where a person is like uh stating you know their businesses in investments things like that so at but they won't fill that out as part of this application process. So, how will the ad hoc committee know that there is a potential conflict of interest >> for a candidate? >> Mhm. >> I think a there's the potential for conflicts of interest for for probably most people that would potentially be interested in in applying. And and I think I mean the there's there's qualifications that people have to meet in order to be able to be eligible. And if they meet those qualifications, they're eligible. We
030don't typically vet out like all of their relationships and things like that. I mean, there is an issue with like current employees, right? If a current employee wants to apply and be on the board, then they would the law says they will need to resign from employment in order to take that that role. So, as far as like getting into the nitty-gritty of well, this person owns this business that may or may not have a a cont a contract with the district, for example, that would be dealt with. That wouldn't disqualify them from from being on the board. They just wouldn't be able to participate in decisions related to that, right? like that. So the ability to apply is sort of separate from conflict of interest if that makes sense. What I heard Trusty Priest's
031question was more of conflicts for the folks sitting already on the board in approving somebody who may raise some sort of conflict for one of you if that makes sense. Yeah. So I think for me I just wrestle with like this the concept of conflict of interest right because on conflict of interest means that there's like this piece of financial gain um that's connected. Most of us work in spaces where we probably know every community organization. We know every nonprofit. We probably know a ton of people in every business sector. like we know people um not just because of this work but because of work that we do outside of being elected trustees. So can you just really define what a conflict of interest mean because I think we're we're utilizing um a word that
032is maybe not in its right capacity or definition because because we know somebody doesn't make it a conflict of interest. It's the gain that we have from that relationship whether it's monetary building status that makes it a conflict of interest but I don't think we're talking about it in that correct form or just to me not what I'm hearing correct and just to I'll address that part of your question or that question but first again just want to emphasize that the right to be elected to a position or to be appointed to a position is considered to be a fundamental right actually and so the the Um the qualifications are like I said that you know you have to be 18 years of older resident registered to vote and only certain felonies will disqualify you
033from being able to be considered and that's it. So it doesn't we don't get into the conflicts of interest for um people being uh qualified to be considered to be appointed or to be specially elected to the position. Now, conflict of interest. Um, there are different types of conflict of interest. The two main ones deal with financial relationships. So, not even really getting into what you were bringing up is more of just like you know a lot of people. You're politically connected and all those things, but where where the law cares about conflict of interest is a few things. The two that have to do with um financial conflicts of interest, right? like if you or your spouse works for a certain company that the district enters into contracts to to to um make a
034decision that uh influences that decision has a has a financial impact on you. So you are supposed to recuse yourself from that and you're supposed to disclose um those relationships, those interests you might have in the form 700. That's the political reform act part of it. And then there's this also this um what we call the common law conflict of interest that gets to not so much the the financial things but the things where um where you I'm going to pick on trustee priest for example she has a student who attends the district a district school. So the question might be, well, is is decisions that she would make that specifically impact that school free from bias? Or or is there is there anything about the decisions that you are making regardless of what your
035situations that would be influenced by something other than the best interests of the district? Does that does that make sense? >> Thank you for uh clarifying that. I just wanted to make sure we were able to get that on public record for our public perception. Thank you. >> Um, so what I will also do is I'll provide you the PowerPoint that all the managers receive from our legal counsel from CSBA that really delineates out the three types of conflict of interest. I'm happy to send that your way so that you have that as well. >> Yeah, thank you. That's it's a big piece, right? cuz I think we know everybody. You don't get to sit in these seats and and not know a ton of people. Um so that makes it really tough because it
036is true like public procession. What what were they talking about? What were they saying? Were they um trying to create something and it's not always a thing. Some we just we just know people, you know, and and that is um okay too. It doesn't make us have make it doesn't create a conflict of interest for us to know people or to operate in different environments. Okay. Any other questions regarding this item? We were still on the point of questions that we want to keep the 11. Uh or was it the will of the board to um reduce some of those questions? >> Just waiting to hear from the board. Thoughts? a consensus. >> Yeah, a consensus if you wanted to do 11 R six consensus 11. >> Yeah, >> I'm sorry. My left, not to
037my right. Okay, >> that's okay. I'm fine with keeping the 11 questions. >> Um, so then with the 11, would we like to put Oh, sorry. >> Six. Okay. They can hear you on the mic. Tracy Perez, >> I said um I feel like 11 questions is a lot of questions and some of the same questions are in the application just worded differently. So maybe bring it down to six eliminate those >> or eliminate the ones that are redundant. And I think also capping the time that they're actually allowed to speak as well would be helpful. Um, not for the interviews to go past a particular time period would be helpful because a lot of people Yeah. We don't know how many people we're going to get. If we get a ton, then >> it's
038uh Yeah. Right. >> Say something. Yeah. Okay. >> Okay. All right. Any other questions? Okay. I'll go ahead and >> Oh, >> I have another question. >> Yes. >> Um it's regarding the application. It asks um number of years residing in the district. I'm wondering are they uh referring to the district as a whole or just the area to boundary. >> It should be the boundary. >> Okay. >> Yeah, the boundary. And then for that, um, I was looking up myself how folks could find public information about the boundary map. Um, there is a map on the website from research and accountability. It might be outdated cuz there's some old names, but I was just wondering where folks can find the map for area 2. >> No, good question. I would have thought to go
039to the same place, look at the one in the district website. Um, is that the one you're looking at? Are you looking at the register of voters? >> I'm looking at uh research and accountability department's trustee area map. >> That would be the correct one. >> Okay. >> It needs to be updated. >> Yeah. So, it does need to be updated. Yeah. How soon can we >> um I'll talk to Dr. Murphy today. >> Okay. Also, if uh is it possible for uh for there to be an update go out with the application so that the people applying can actually see it there um just in case they don't know how to find it under the district website. Okay. >> Yes, we could include a link in the application and we could include an image
040of it as well. >> Okay, sounds good. Thank you. So it looks like for the ad hoc committee since we are uh a board of six we're looking at two people for quorum since we don't have seven. >> The ad hoc can be um three or less. So it can be two or three. I'm I'm not I'm not sure what you mean by add by a quorum >> because we're no longer a seven. So what it states in the slide that it is one less in the quorum technically we're six. >> So um it would be two on the quorum. >> Yes, that makes sense. >> Okay, got it. Okay, so I'll go ahead and make two appointments. Are there folks who would be interested? Perez, you interested? Oh, Shauna interested. Yeah, Shauna. No. Okay.
041Trusty Priest, I'll put on the committee. Oh, sorry. >> Uh, can you email it to me? So, we'll do the October 24th buy if it can go to board president for the email for application. And then trustee cologne ad hoc. >> Okay, we'll put trusty priest. Trusty priest. I was looking at you. Trusty priest and trusty cologne for ad hoc committee. >> It'll be two cuz that's the quorum. It says quorum one less than quorum. So two, not three, right? >> Because we're we're a board of six. So, just to remind the board that there's still a pending motion on the on the items of the >> questions, timeline, and application, >> right? Because it's one, we wanted to get it together so that the vote goes with everything combined together. >> Perfect. Just didn't
042want to lose sight. Thank you. >> Yeah. So, there's a motion and a second. Any other questions before we go into roll call vote? The timeline we did the application. Yeah. Yeah. All right. Roll call vote. President Stevens, >> yes. >> Vice President Colon, >> yes. >> Clerk Daire, >> yes. >> Trusty Perez, >> yes. >> Trusty Priest, >> yes. >> Motion passes. 5-0. All right. Moving on to item 3.1. I would like to adjourn the board meeting at 9:45. [Applause]