Special Board Meeting Nov. 5, 2025

001:30 p.m. Item 1B, roll call. Miss, can you please take vote? >> Yes. Um, President Latis Garcia, >> yes, I'm here. Uh, Vice President Roberto, >> present. Uh, trustee Vatric Perez here. Trusty Jos Himenez. Guadalupe three present. Miss Jimenez and Missas are absent. >> Thank you. Uh moving on to item 1 C the pledge of allegiance. Miss, would you please lead us in the pledge? Please join us. Aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. >> State. All righty. Moving on to item 1D, adoption of the agenda. I get a motion to adopt the agenda. >> Motion. >> Second. >> Okay. Seconded by Pettis and seconded by Mr. Okano. Comments or questions? The minister

002trustee Garcia. >> Yes. >> Trustee Perez. >> Yes. >> Trusty Roberto. >> Yes. >> Motion passes. 30 with to absent. >> Thank you. Moving on to item two, public comment concerning items on the open session agenda and or non-aggenda items. Guidelines. There will be a two-minute limit for individuals and a 20-minute limit on total public comments. There is no seating of one's time to other individuals. Item A, individuals wishing to address board of trustees on open session agenda items and other items may do so at this time. Starting time is 5:32, >> no public comments. >> And closing time is also 532. Moving on to item three, study session A, governance training facilitator Elizabeth Czech Nichols Smith, attorney at law. >> Thank you, President. Um, okay. So, what we're going to go through today, the

003goal of today is to kind of do a refresher and a training on uh the current laws as well as the updates to those laws that affect the board primarily um as well as the superintendent. And so, what we're going to do is go through a board retreat presentation that I put together um and get that up on screen. The hope is to go through the legal part and then have a conversation with the superintendent um about kind of goals and kind of management of the district as a whole. So you guys know me, this is a little bit about myself. Um I do these trainings regularly with boards um to kind of give them updates on the primary laws that affect them being the Brown Act as well as the California Public Records Act.

004Huh? >> Yeah. >> Just let me know how. >> Yeah, it's on. >> I'm ready when you are. Okay. So, board's roles and responsibilities. Obviously, these come from the board bylaws that you guys have adopted and that are part of your board policies. And that's in the 900 series. And so the goal or excuse me the the primary role of any board within a school district is to set the direction for the district as a whole. You guys are also responsible for the development and overseeing of board policies and district policies, establishing budget priorities, ensuring accountability among uh the cabinet and staff, and then of course the hiring and employment of the superintendent who's in charge of kind of the operational part of the district and overseeing all of that with establishing the vision for

005the district. Um, again, the idea for the board is to have a global view of the district as a whole and highlight the desired outcomes based on feedback from your staff, from your community, um, and from the district as a whole. And so, the idea is not just to outline the goals, but also to create a strategic plan to meet those goals with benchmarks and abilities to monitor progress toward those goals. And we'll talk a little bit about that in a minute. So the organizational structure is that the board determines policies and they define the operations of the district. So some examples of that as we've mentioned are establishing budget priorities and directing collective bargaining. And so the board's role is kind of overseeing those things. The board's other primary um management feature is the

006hiring of a superintendent to then implement his policies and manage the goals that the board has set for the district. So the responsibilities of the board and the superintendent are different, but they're intended to be complimentary, right? The board focuses on the governance of the district as a whole and superintendent focuses on the day-to-day operations of the district. And so we we know that from actual studies that have been conducted that board and superintendent stability is positively correlated with student achievement. And so uh stability in leadership both again with the board and the superintendent has shown to improve student achievement within districts. And so schools operate best when there is a strong partnership between the board and the superintendent. Uh governance partnerships do not develop by chance, right? They have to be carefully cultivated. they

007have to be intentional by both the board and the superintendent. And so, um, a good school board does not run the public school, but its job is to ensure that the public school is run well. So, this is a helpful slide that kind of outlines the the difference between the roles. Remember, the roles are different but complimentary. And so, for the board, again, you're establishing the district's vision and the goals. You're hiring a superintendent. you're in charge of evaluating progress toward those goals um and developing developing policies, adopting standards for board meetings and business that you're that you're overseeing. And your job is also to promote the district within the community. By contrast, the superintendent is a little bit more in the weeds, a little bit more on the ground. They're managing the district on

008a day-to-day basis. They're implementing the board policies that the board has adopted. They're in charge of informing the board about school operations and programs, providing the board with data, right? That's how they update the board so that the board can uh determine where they're at with meeting goals that they've set. And then they make recommendations to the board for its action. And that's not just the superintendent, as we know, that also comes from cabinet. Superintendent oversees cabinet and together with cabinet makes recommendations to the board on any given issue that the district may be facing. So the individual board members versus the board as a whole. It's important that board members understand uh the distinctions between your role as a board member and staff's role particularly cabinet and the superintendent. And so it's important for

009the board to refrain at any point from performing management functions within the district because those are the responsibility of the superintendent and staff. So what does that look like practically? Right? you have a community member, an employee, a parent reaching out to you directly wanting a particular action done, right? That's a managerial function. The goal when you get those types of communication is of course to acknowledge them, thank them for the communication, and then route them back to who's in charge of managerial functions, which is the superintendent. The superintendent at that point takes lead, works with cabinet to resolve the issue, and of course the board at any point can ask for updates, can request from the superintendent, hey, where are we at with that particular issue? But it's important that the board distinguishes itself

010away from that managerial function and is always looking in the superintendent and directing managerial functions back to the superintendent and her staff. um reminder that the authority for the district rests with the board as a whole, not with any one of you individually. Um and so it's important that anytime you are kind of asserting opinions or thoughts, if you're doing so as an individual, that you're making that clear, that it's not the position of the board or of the district, but it's your own personal um assertion. The governing board also recognizes that the board is a unit of authority over the entire district. And again, it's not one particular member. And so there's um kind of a heed there to be cautious about the role that you play as a board member, right? How the

011community sees you, how employees see you, how staff sees you, and remembering that the power of the board does not rest with you specifically, but with the board as a whole. And so making sure that you're clear anytime you're interacting with um the community and staff and everything. What in what role you're interacting? interacting as a community member, not as a board member right now. Um, and so that it reminds the public that the board as a whole is the unit of authority and not the individual board member. So unless agreed to by the entire board, individual members of the board do not have authority to exercise any administrative responsibility with respect to the schools or command of the district. Again, individual board members can submit requests for updates of information to the superintendent. Um

012the board um should also refer any board related correspondence. Anything you want to submit to each other should be done through the superintendent. And so you send that correspondence to the superintendent who can then board it to the board as a whole for placement on the agenda or discussion etc. And we'll talk a little bit in a minute on the Brown Act why that's important, why that's done through the superintendent and why um you're not sending things to each other kind of in any kind of email group chat or text group chat. Board member liability. The government code is very clear that uh board members are held accountable for any violations of the Brown Act. Um and so it's important that you guys are always acting as a group because there's safety and numbers. The

013government code notes that when you are acting as a group, there is um protection for you under the law. And so um you kind of provide necessary insurance to each other when you act as a whole because while you're acting within the scope of your office or employment in accordance with the education code um the government the government code provides you that protection legally. This is an update in the law. This is AB640. It has to do with FICMAP and board members being trained uh on school finance laws on or before April 1st, 2028. The key provisions of this uh assembly bill are that thick map is responsible first and foremost for posting the training curriculum by October of next year. And then board members who have a masters in governance via CSBA or any

014other type of magic in governance are exempt from this because the idea is that you have been educated on school finance laws in that program. Um but if you are not exempt each board member who commences service on or after April 1st, um must receive the required thick training within that first year of their service as a board member. You only need to do the training once. It's not something that's required annually of you. And then uh the district should be keeping records of when you completed that training for at least 5 years after the training is completed. So that the public is able to check in and see that you completed that that training. So that's coming up, right? That's not anything that's happening right now, but we're putting it on the radar for

015our board so that they're aware that this is something that's going to affect them in the years. evaluations and goal setting. So you guys are all familiar with the LPAP, LCFA and so the idea with this portion of the presentation remind us that there should be an alignment of goals. Your board policies dictate that. Um the language is here from 0460. You're wanting to use a comprehensive datadriven plan process to identify annual goals and specific things which are aligned with the district's budget and facilitate continuous improvement of district practices. the LCAP and LCFF. You develop your LCAP and then LCFF is the funding stream that you're able to complete your LCAP goals. And so they're different pieces, but they're connected. Um, and so certain things that the LCAP requires. It's a helpful reminder slide here

016with the next one. Um, it has to include the Lapa has to include very specific goals, actions, and then related expenditures because LCFF is connected to that expenditure piece of that. And so the goals that you develop with the superintendent for your district should of course align with your LCAP goals and your funding ability under the LCF. The LCAP is your road map. It's what are your priorities? How are you going to spend money to achieve those priorities? And then as you know the LCAP requires public discussion in board meetings so that the public is also able to be a part of that conversation in analyzing the LCAP and then eventually it is publicly adopted by the board. The superintendent goals and the district's goals should align with the board's goals. And so the purpose

017of the LCAP is again to set the district the direction for the district. Um it's also there for accountability. the public is able to access your LCAP and check in with you guys and say, "Hey, this is one of your goals in the LCAP. I want to see kind of how that's being met. What steps have you taken?" So, it's also a [clears throat] measure of accountability for you. The superintendent's direction should be to achieve the established district's direction. So, again, we're seeing the board is setting the goals and the superintendent's job is to ensure that both goals are met. Superintendent evaluations. So the purpose of the superintendent evaluations, you see this sometimes in close session, is to assess the quality of the superintendent's work as well as to take stock of how your relationship

018is with the board and the superintendent. Ensure that the superintendent is clear about the district's direction. Um recognize and give credit to the superintendent. Target areas of focus for the coming years. and then plan for corrective action as necessary. The goal really is to create that open communication between you and the superintendent to make sure that everyone is on the same page, everyone is working together because as we mentioned before, the strong relationship between a board and the superintendent is correlated with student achievement. And so the superintendent's evaluation is really that juncture where the board and the superintendent get to come together and have a conversation about their partnership and whether they're meeting their goals, where they can do better, what new goals they may want to take on, etc. To the extent necessary, a

019boarding superintendent can also consider the use of an independent facilitator for that discussion. That's sometimes utilized by boards. Um, it's not necessary by any means, but it is an option that's available. This is your board policy that covers kind of the superintendent's evaluation. And again, it's primarily set to review a fair assessment of the superintendent's effectiveness in their managerial function and leading the district toward the established goals of The board shall determine with the superintendent's input for criteria, schedule, method, and instrument to be used for the superintendent's evaluation. And again, we're seeing the policy emphasize that collaboration between the board and the superintendent. And so, specifically for our fearless leader, Superintendent Anzo here, we wanted to include a slide that outlined the timeline for you guys. This is based on her contract. Um, but goal

020setting is supposed to begin no later than November 1st. Those discussions have already begun. And then there's a check-in on March 1st again to see how are we doing on our goals, how close are we to any of them, do we need to adjust any of them. There's a self evaluation that sounds we'll complete by May 1st. And then the annual evaluation happens at the end of the school year, which is June 30th. So, Superintendent Alley will talk more about that um at the later part of the training around some ideas that she has for kind of fleshing some of this out specifically for this school year. So now for the legal part. Again, these are the two primary pieces of law that touch boards the most. It's the Brown Act and the Public Records

021Act. And we're going to start with the Brown Act. Most of you are really familiar with the Brown Act. It's what governs your meetings. It's what governs your agendas. And so this is largely a refresher. And it's helpful because the Brown Act, similar to the uh government code, carries liability for boards. boards are responsible for complying with the Brown Act. And so it's necessary and important to have these refresher trainings on what the Brown Act requires of you. And so, as we know, the Brown Act requires actions and deliberations to be taken openly in meetings in front of the public. Meetings generally are public unless there's a specific uh allowance under the government code that allows you to discuss it in close session. There's specific rules around meeting agendas and packets that have to be

022made available to the public. And then of course as we know there's the agenda posting requirements which we'll talk about in a minute. So what is a meeting? A meeting does not necessarily require all of you to be in the same room together talking. It's any communication between a quorum of the board that's discussing district business. It doesn't necessarily require that an action be being taken um or that a particular decision be reached. Anytime there's a majority of the board speaking, whether it's via chat, text, social media, email, whatever it may be, that's considered a board meeting under the Brown Act. And so, because board meetings are required to be public, having a meeting uh via email, text, those types of things is not is not allowed under the because the public has no access

023to that meeting. Now, what isn't a meeting is individual contact between board members, attending public conferences together as a board, CSBA, that kind of thing. Community meetings where you're in attendance together, other local agency meetings if you're all together at a city council meeting, for example, social gatherings of course do not count. Um, and staff meetings. So, there's differentiation. It doesn't mean that never all be in the same room together ever. It just means that you have to be really careful um when you're discussing between a majority of you anything related to the district. And we're seeing more and more uh boards being held accountable for this. Right? So there's an interest by the public in holding boards accountable for making sure that all district business and information and decisions are being made at public

024meetings. So this is just again a helpful reminder for all of our board members. The type of meeting that I was describing where um there's a communication between a majority of the board via text, email, etc. is called a serial meeting and it's basically a series of communications which involves um less than a form of the legislative body but taken as a whole involves a majority of the body's members. So this can be via chain communication andor what the attorney general calls the hub and spoke version of it. But a chain of communication is an example where kind of one board member speaks to one board member. Board member A speaks to board member B. Board member B then relays board member A's opinions to board member C. Right? So at no point were you

025all together, but there's still kind of that chain of communication and chain of discussion going on between the board members. Pub and spokes um by contrast is where there's kind of one board member at the center communicating with all the different board members and then also relaying the information to all the other board members. So you could have board member A at the center communicating with BC and D and then relaying BC and D's opinions to the rest of the board. And so both of those types of communications um are considered serial meetings which are not allowed under the product again because the public doesn't have access to those types of communications. Does that make sense? Remote meetings. We saw a lot of change in the law around this based on co right before the

026traditional government code requirements around remote meetings required that you alerted the public a certain amount of time in advance. You also had to post where you would be if you weren't going to be at the boardroom with the rest of the board. it to publicly post your location and provide the public an opportunity to interact with you in that public location wherever you were remotely. So those are the traditional teleconference requirements under the Brown Act. Then uh with CO we had the adoption of AB577 which required flexible requirements for remote participation based on states of emergency. example is COVID, right? So, they uh relaxed a lot of the rules around remote participation because a lot of us were not meeting in person and so most boards were meeting via Zoom, via telephone, etc. Once we

027started coming out of CO a little bit, um we're not fully back to the traditional teleconference requirements, but we do have AB2449, which kind of splits them in the middle. It kind of says there are instances where you can uh utilize remote participation in a board meeting, but you have to have just cause or some type of stated emergency. They also put limitations on the amount of times that boards can utilize this. So, if you are a board that meets less than once a month, you can use it as a board member, you can use it up to two times per school year. And so, um, with those, if you do utilize that, you do utilize just cause or an emergency one of your two times. You don't have to list your public location and

028you don't have to provide the public with an opportunity to be where you are publicly. A lot of times, uh, board members will use this. For example, if they have a child who's sick, if they're taking care of a family member, they've had to um emergently on business kind of, you know, beyond travel, then they're able to utilize the remote participation option and they can do so from the privacy of, you know, their hotel room, their home, etc. They don't require that the public have access to that. Um, I will note that AB2449 is set to sunset at the end of this year. So, it's unclear whether in 2026 we're still going to be allowed to utilize that um remote appearance option. So, we'll have to see kind of what the legislature does with it,

029but right now it's set to expire December 31st of 2025 this >> of this year. Yeah. >> [clears throat] >> the Brown Act notice requirements, regular board meetings. Again, these are all reminders. The agenda has to be posted 72 hours in advance. Um, oftentimes, I think here we do it well before that. And so, it's usually kind of like the Friday before, so we're well within that requirement under the law. Special meetings like the one tonight has to be posted 24 hours in advance. Um, and then emergency meetings, of course, you have to have very specific circumstances under which you can hold an emergency meeting. But if you are planning an emergency meeting, there's no requirement that anything be posted in advance, but there should be an intent at least to contact the media or

030the public and alert them to the fact that an emergency meeting is happening. Posting the agenda, it's required that it beed that it be posted within the required timelines. Again, the 72 hours or 24hour requirement based on what kind of meeting you're having. And then in addition to being posted online, there also has to be a physical posting of the agenda in locations uh that are readily accessible to the public. So the district office, this building where the board meetings are held, things like that where anyone who doesn't have online access can access an actual physical copy of the board agenda itself. Public participation. A schoolboard meeting is a meeting of the board held in public, not a meeting of the public held in front of the board. And so the Brown Act allows for

031limitations around public participation, around reporting and photography at meetings, and then also around disruptions. Again, anyone who's seen the news has seen that there have been an uptick and a rise in disruptions at public school board meetings, um an uprise in uh media participation in board meetings, recordings, photography, etc. Um as well as public comment. And so it's a good reminder to go through kind of the options that you guys have because there are some limitations around all of those things. And so it's reminder for you guys to know kind of what your options are if you find yourself in that position where you're facing public disruption or extended public comment on any one given issue. >> Can we stop you and ask you questions or you can at the very end? >> No, you

032can ask me questions anytime you want. >> So recording. So if people come in here and we're having a meeting, they record. Is that allowable? So, it's allowed. They're not allowed to cause disruption. So, if they're coming in with an entire camera crew, you know, that's making noise, taking up space from the public and causing a disruption to the meeting, you can limit uh the ways that they report, I guess, is the best way to say it. >> But because you are having a meeting in open session that's obviously being hosted, streamline is kind of open already. The idea is you shouldn't be able to stop one particular person from recording it for themselves. >> Okay. And will we get a hand out of this or are we gonna just >> of the presentation? Yes,

033you have copies for you. I actually have them here if you want. >> Yes, I do. I don't want to take notes on every little thing. >> No, no, no. it right now. >> And then when you said that >> the meetings were going to be recorded like why? when the public board meeting the general board meeting when they're on like YouTube I think it's what is it I think it's YouTube or you guys generally have a posting yeah that's going online >> so you said it's going to be effective that we don't have to >> record them >> no that's not going away what's when I was talking about the thing you're talking about the thing that's going to sunset December 31st >> yes >> so that's the ability that's currently the ability for

034you to participate remotely in a board meeting. Oh yeah. So again, with remote participation by the board, you as an individual board member have the opportunity to say, "Hey, I can't make it to this room for this particular board meeting. I still want to participate in the board meeting, but I'm away on business, you know, last minute. I have a child I need to take care of at home." Something like that, right? So, >> you have the ability to zoom in, for example. >> So, it's we're able to do it right now, but then it's going to stop >> at the end of 2025. It's unclear whether the legislature is going to extend the ability for board members to do that. >> Got it. >> But of course, once we get that answer, we let

035you in. Right now, there's not an answer to whether they're going to extend the ability for you guys to do that. Now, before CO, you guys still had the option to do that under the Brown Act, but it just required that you were wherever you were remotely, you were accessible to the public, right? So, you couldn't do it, and I guess you could, but I wouldn't want to do it from your home or something like that. You have to be in a public space and you have to alert the public to where you will be. So on the agenda it would have to say um you know trust will be participating remotely in the November 3rd board meeting. She will be at XYZ address the traditional teleconferencing. >> Do we have to give you notice

036two hours notice or is that an emergency thing that I can say I got sick. I'm at the house I feel like. So, under the traditional teleconferencing ones, you would have to give notice because it has to be on the agenda. Under 2449, where you get the two times a year where you get to utilize emergency and just cause, which you're describing, I'm sick or my child's sick or something like that, you don't have to give notice. You can uh because there's no requirement that the public know where you are. And so, you can kind of if you need to decide that day, you can. You just have to make sure that you're participating both via video and audio in whatever manner the district's utilizing team Microsoft Teams Zoom whatever it is but you could

037decide that day and each board member gets up to two opportunities to do that per year currently under AB2449. >> Does that make sense? >> Okay. >> Any other questions about remote participation by the board? And that goes you said every twice with the year. So that would be the school year >> starting like July 1 or >> uh so yeah. So the school year so July 1st to June 30th. >> Okay. >> Yeah. >> Um Okay. So back to public participation. >> What page are you in? >> We're on slide 34 current. which is I'm not sure what page it is. Page 12. Page 12. >> Page 12. Thank you. Okay. So, limits can be placed on public participation as I was stating before. Um, they can be placed on the length of any

038particular public comment. Currently, your board policy has a limitation of two minutes per person. We kind of read that out every meeting, right? The president reads that out letting the the public know that for public comment doesn't limit two minutes per person for a total time of 20 minutes per item. Uh the board president can obviously adjust that time in any given meeting in real time with consent of the entire board. So again, we're seeing that theme of the board's authorities within the board entirely, not just within one person. So if you have one particular item on your agenda that you know is really important to the public and you have a lot of interest in public comment in real time can extend with the consent of the entire board that 20 minute time limit.

039>> Can they um if there's two minutes >> can they say well we're going to move it because of all the speakers we want to make sure everybody gets time to speak. We're going to go to down to one minute if they say that if they're all in agreement. >> Yeah, I think that would be appropriate. I think the the better thing to do would be to just be really clear. We're extending it from 20 minutes to 30 minutes or you know whatever the the time is being clear that this is the time we have and so it may not if you have you know 100 people you're not going to get to everyone, right? >> So you want to be really clear. The important thing is being clear that the entire board is consenting

040to an extension of a particular amount of time for public comment on a particular item. >> What's the is there like a an amount of time that on average that you can extend it like 15 minutes? >> It's entirely up to the board. >> So that's why you need consent from everybody, right? Because what moment >> you need consent from everybody or you have the majority vote? >> The majority. >> Okay. the consent from the board from everybody. >> I'm sorry. I don't need consent from everybody. You need to have every board member has has an opportunity to weigh in. But yes, the vote would be >> the majority and the right. >> So three three three votes, >> right? So however many are present. So yeah. So three. >> So can you give us

041an example of how like she would present it? >> Yeah. So let's say you have a particular item and it's very clear from the audience that there's a lot of people here in support of one particular item or by contrast you've gotten a lot of public comments in advance that are written or or whatever it is and you just know that there's a lot of public interest the board can or excuse me the president can make a motion to say um you know I'd like to make a motion to extend public comment for this particular item to 30 minutes for example anyone of the board members >> I'm sorry particular item exact only only the on for example one item that we are talking at the moment >> yes >> this is one the other

042thing is my question what about when when the people wants to use the the minutes from the people behind them if they are they are online >> they can they can they can add Okay. >> So, I think I think your current instructions say that you can't seed time to another person. >> Okay. >> So, I can't say I'm going to talk for 30 seconds, give the next person my 1 minute and 30 seconds that are left over. Does that make sense? >> I get my two minutes. I get to use however much of that I want. The next person gets their two minutes. They get to use how much >> but then there's a hot topic. I have no idea who's going to come to the what they're going to talk about talk. So,

043um I'm still opening it. I mean, if everybody's in agreement or the majority are in agreement, um I'm let I'm going to let them talk, right? >> So, so you're saying they have one minute and they keep >> No, I mean I I think there was a question about if it's on that particular topic, >> there's how do I know what am I supposed to stop them or let's just say it's not me. May another four. I'm not going to be president forever. And so you have a full house. We agreed to extend it to 30 minutes. We're going to give everybody a minute. >> Mhm. >> And then they, you know, the first five talk about the the hot whatever hot topic there is. >> So I think when you're six person came comes

044up and starts talking about something else. I mean, >> yeah. I I think I think the the goal there is to be clear about which item public comments being extended for, >> but it says on open session items. I mean, it doesn't really specifically, >> but you get the but we get the green papers ahead of time, right? So, with usually by with hot topics, we get some kind of like an alert like, hey, this is going on. You're going to get all these people coming in. >> So then now we're expecting it, right? It's it's rare when we're going to get all blindsided. So then I if I have the stacks to sort them right away >> and then whoever is facilitating the meeting to say we have 20 people that want to speak

045on bringing your pet to school, >> right? That's like a hot item right now. So now we know that there's 20 people in uh that want to speak on that for two minutes. That's going to take up your time. But then we have other people that want to speak on open sessions. So we would try to then at that moment is share with the board we have this amount of people that want to speak this amount of time. >> We recommend that we extend on that topic or maybe bring it to one minute and that all speakers speak >> or we're just going to go with the first five. >> It might it might be tricky to change it from two minutes to one minute just because your board policy currently says the public gets

046two minutes. So they might there might be an argument over that. And so that's why I think it's more important to limit the total time or extend the total time and be clear on that. And whoever gets to fit in that time fits in that time. >> And so you want to be really clear about which item it is and how long you're extending public comment. >> Okay. >> And you So this is the last thing that superintendent was kind of talking about. But they don't give you the green paper and if they walk to the mic are >> no you can't speak right. Well, so you can pull the speakers because public once public comment is open, the public does get to utilize their two minutes, but if there is a particular hot topic,

047as Superintendent Aldo was saying, the board president can also pull speakers to determine how many are going to be talking about a particular topic to determine whether we want to extend the time for that topic or not. But I think Trusty Pettis is asking if I haven't turned in a green paper. I haven't and I can I can't just come up to the podium and speak. >> You're talking about submitting a green paper in advance >> because that's we that's our practice. So usually they're up there at the front, they complete it, they fill it in, and then they come and turn it over to Sophia. >> We get them here and then we sort them. >> Yeah. So that's the that's the practice and that usually works really well. Um I think to the

048extent someone did not know what the practice was they wanted to speak they would be allowed to under the Brown Act and under your board policy currently. >> Okay. >> So we are allowed even after the meeting has started. So I call the meeting to order. President whoever it is calls the meeting to order. By that time people already in the audience and they're handing over the green strips to and then somebody walks in. >> Mhm. So, from the time that you as the board president open public comment, right, you give the time, say 5:32, I'm opening public comment. That's >> start with the green uh slips first, if there's an additional person, they would be allowed to speak under the Brown Act and your current board policies because you've opened public comment at that

049time. They're still limited to two minutes. They're still limited to only what's on the agenda, right? They can't come and start talking about something that's not on the agenda for the for today. Um, but they would they could be allowed to speak. Okay. And then once it's closed, they can't once it's closed, it's done. >> And then when you said they that you know they can sort. So for example, superintendent ano has a green slips, right? >> And on there it says topic. I'm going to talk about my dog and the next then I'm going to talk about person A's dog. Then you have five of them, right? An example. So, can you narrow it down to two and leave those other three >> to two people? >> Yes. And leave those other three out

050because it's the same topic. >> No. So, you you're limited your what your ability to do your ability is in the time limit. >> So, we're giving the public 30 minutes. There's eight of you that want to speak. You each get two minutes. Everyone will be able to speak, right? Because 8 * 2 is 16. plenty of time. If there's 70 of you, right, we have 30 minutes. So, the first 15 of you are going to get to comment. So, it's not by saying you, not you, you, not you. It's this is the we're limiting it by the time. >> Okay, understood. >> Responding during public comments. In response to public comments, the board has the options to briefly respond to any statements made or any questions asked or excuse me can ask for clarification

051of the speaker. Uh they can request staff to report back at a subsequent meeting or they can direct staff to place the matter on a future agenda >> for close session. This slide is a reminder of what topics can fall under the close session exemption under the Brown Act. Wait, can I just go back to that? Okay, so >> in response to the public comment, the board may briefly respond to statements made. >> These are options. >> I mean, we're silent, but >> if oneone if somebody talks to the person in front of that's very much allowed then >> if a board member speaks to a person in front of >> well like this the public comment person >> if they if they're speaking to the board. The idea is if the if the member

052of the public is stating a comment, I want to bring my dog to school, >> right? >> Uh the board has the ability, it's not required to, but it has the ability >> to comment or ask a clarifying question if they need to. Right? I'm not sure. Let's say they're talking about a I want the policy amended that allows my dog to come to school. If they need to ask a clarifying question as to what policy are you referring to or school site like something like that, you're allowed to interact limittedly with the public. >> It would be following their who have to answer directly. >> You don't have to, but if a board member wants to make a comment or question >> the president. >> No, any board member. Board anybody. >> Any board

053member? >> Yeah. Any board member can ask a question. >> Ask a question to the speaker. >> Correct. >> Can can we also like direct uh one of our staff to >> follow up >> to follow up with the speaker? >> 100%. So that's here where it says request staff to report back at a subsequent meeting. >> So that means that the staff, the cabinet and or the superintendent on that issue and then you're requesting as a board member to be given an update, right? So that requires staff to follow up with the public commenter and then provide an update to the board member that requested the update. If it's something that the entire board wants to discuss or is interested in, the board can ask the superintendent or staff to place it on a

054future agenda. Right? We'd like to have a open session discussion about this at a future board meeting and then staff is required to place it on an agenda that was [clears throat] >> So what if the person comes up and says, "Mr. Jimenez, you need to let me bring my dog to school and is waiting there for an answer from him. >> So, Mr. Jimenez is within his right to thank the speaker and leave it at that, but if Mr. is not required to to interact >> or I say please you can talk to the person in charge about that. >> I'm gonna have staff follow up >> and then and then But and but I think that that the better answers >> because the problem here in this community is when we talk to

055the people the people make a discussion. >> Mhm. And then we we we don't want to hear until 12 or 11:00 discussing disgusting because some some somebody say something and then it's bigger and bigger and bigger, >> right? >> And and then and then it's better to say if we can talk to the lady over there to fix them to stop. Yeah. >> Right. Because that goes back to the difference between the board members's role and the superintendent's role, right? The board does not have managerial authority over the district. It's the superintendent that has that. And so rerouting the person to the superintendent and cabinet is always the best way to handle that because they're the ones on the ground with the managerial function over the district. >> Yes. But if the board member wants

056to respond, the president isn't going to stop there. Right. >> If a board member wants to >> Yeah. I mean if the person's appear board member decides to communicate directly that isn't against our board policies right they have ask for permission or no >> no it says on here just what >> so I want to be clear about the >> question statements made or questions for clarification >> so you're correct that as the board president you can't necessarily stop another board member from engaging >> you could as the board president to the extent something's getting bigger and bigger call for decorum and make a decision to agendaize this at a future meeting or >> have staff follow up etc. >> A point of order. >> Correct. >> Um if a member of the public is

057directing a comment at a particular board member, the board member is not required to respond. >> Sure. >> They can if they want to. They can also simply direct the public commenter back to superintendent and staff >> and any of the board members can have a point of order or does it have to be the president? >> It should be the president. >> So if another board member, >> you're free to communicate with the board president >> at the moment. >> Okay. In other words, I'm listening and I guess I'm in a trance and then you tell me, hey, what shouldn't you be calling point of order murder or you could interrupt me or >> because I guess at the end of the day, whoever the president is might have to call point of order,

058>> right? Right. >> But the board members don't call the board point. >> The board member can suggest it. >> Suggest it. >> Yeah. And the board >> and right the board president would love to be the one to make the point of order. >> President Garcia, I think there's a point of order that needs to be done. >> If if we direct the staff to talk to somebody out in the public, >> when do you think that should take place? Should we say talk to him now or talk to him before recess or talk to him tomorrow? I mean, what makes more sense? So I think it's sometimes it's make sure that all your information is on the the green paper with so or with Sophia so that the superintendent or cabinet can follow

059up with you >> follow up because the green paper would have their >> that usually has their phone number it has a topic their full name and if not then just make sure check in with Sophia and leave your make sure your information is correct. >> Oh you think that that's what makes more sense. Make sure that you have we put your phone number on the green paper so that we can contact you. Yes. >> Talk to Sophia to make sure >> cabinet somebody from our staff will >> then there's a followup. So you don't think it's a good idea to have staff talk to them right then and there or during the break or something? >> No, I mean sometimes it's okay. I it can happen but I think it's a followup especially I

060have to do an like investigate ask more questions clarifying questions like what are you really trying to find out? What's the situation? So then I know to do >> that that works better. That makes more more sense. >> Yeah. >> Okay. [laughter] Anyway, >> okay. >> So, back to close session. Again, this slide is a reminder of all the different topics that can be housed on your close session agenda. Anything outside of these obviously should be agendaized in open session. These are the specific topics that the Brown Act allows the board to discuss in close session. And so, um, it also requires that these items, to the extent you're going to be talking about them in close session, that their agenda is properly because while the public does not have a right to know what's

061discussed in close session, they do have a right to know what is on the close session agenda. Reporting action taken, reporting out of close regarding any vote taken, and if applicable, the substance of any agreement. We've seen this before. We kind of do the readout after close session. noting what a particular vote was with the board. And it should be clear which board member voted what way. And then to the extent there's an agreement involved, there should be uh a highle summary or substance of the agreement that was voted on so that the public is aware of kind of >> so you report out you have to you have to state how it's each board member voting. >> So if it's unanimous, you can say in a unanimous vote, right? You don't have to go

062line by line, but if there is a particular board member or two who voted no, you would need to make clear to the public who voted what. >> You have to state their names. >> Correct. The public have the right to know which way to our members vote. >> Okay. But we usually don't do it because it tends to be unanimous. >> Correct. >> So for if there was a case where it wasn't unanimous, you'd have to say you have to state the name of who voted for it and the name of who voted against. >> Oh, interesting. does have a it could happen when >> it does then you know >> what about where >> someone abstains you would have to note that too. So it could be with four board me four board

063members voting yes uh president Garcia abstaining the board did XYZ >> right that way everyone knows the other four board members were yes President Garcia abstained Garcia said no or whatever it is can we just just go back >> just for the the clarification I think it's important for all of us to hear that um and I'm going back just what we're having discussion right now on directing staff that the board would direct me. Correct. And then I direct the staff to do that. That's correct. >> We would direct you as superintendent. >> Yes. >> Because we have no authority over the other >> the rest. That way I know which staff member >> to make sure I give the direction. >> I have a question. What is the time when we need when we

064have to talk the the five board members? What is the thing here in open session or or how can we talk in in in close session that is not here? you know that they don't they don't have the agenda, we can talk. >> Correct. So, if it's not on the agenda, it can't be discussed by the board. If it's not something that can fit within one of the closed session lists, it has to be discussed in open. It would have to be agendaized in open session. >> In what? In what part? >> In open session. >> Open session. >> Right. So, if it's if it's an item or a subject that doesn't fit within one of the close session uh the list here, if it doesn't fit in any of those to the extent the

065board wants to address that matter, it have to be an open session. >> How do we have to we have to say we need to we need to we need to >> so you would ask the superintendent if the board has an interest in talking about a particular topic that's going to be done and open. >> Okay. you would let the superintendent know. One of you would let the superintendent know. Superintendent would like to have the discussion about XYZ and we'd like you to agendaize it at at an upcoming meeting. Superintendent Ala would then respond and say, "Okay, thank you. We've agendaized it for November 19th, December 2nd, whatever it is." >> For the close session or open session? >> For both, but we do it on the open. >> No, that can be a

066private communication between you and the superintendent. Oh, so you don't want to have a communication where all of you are discussing together like on an email or something like that, but any one of you is allowed to email the superintendent and ask for an update on a particular item, ask that a particular item be added to an agenda. Like that's all within your right to email and talk directly with the superintendent. So going back to that item that you pointed out, then it says in response to public comment, the board may request staff. >> But you're saying may request staff through the superintendent. >> Correct. >> But that's not what it says. >> Technically, >> it technically it's the superintendent that's directing what particular staff member. The reason it says staff is because sometimes depending

067on the particular issue, it's going to be clear who's going to be handling it, right? If it's clearly an HR issue, if it's a clearly a elementary school site issue, like it's going to be clear which staff or department is going to be handling it, right? If there's facilities, there's business, there's HR, there's student services. And so you would be directing Superintendent Anto with staff from HR, with staff from facilities, with staff from business to address whatever particular items. >> Okay. >> But the idea is you're pushing all managerial functions to the superintendent and her staff. >> So this Okay, I'm going to go back to something that Mr. Humanis was asking about close session or open session or when do they have time to discuss certain topics like right now is one right we

068have a study session we have a a retreat we can discuss that >> um let's say that one of them gets a call and they want a notice about from a community member with the urgent issue and they want to discuss it in open >> and it will be discussed in open or can that be as because that committee member is an employee that can that be in close session. How would that and he wants to know I'm just kind of saying he wants to know if any other trustee has gotten a call. >> Yeah. So all of that can be done through you. >> Okay. >> So super excuse me trusty Jimenez could email you and say I got this email from a community member. Has anyone else on the board received it? Hopefully,

069if anyone else had received it, they would have also emailed you and you can let trust me as a yes, two other board members also received the same issue and whatever in the superintendent's regular updates to the board. You can include in there um some some of you have expressed interest in adding XYZ to the agenda. You know, we intend to do that or you know, whatever it is. So, you can communicate with each other. that it's through the superintendent, not with each other in a form. >> We can add an item [clears throat] like on the same day of the of the meeting. >> So, if if you found out about something that you want to discuss a few days before the meeting, you have to look back at the agenda timelines. If it's

070a regular board meeting, the agenda has to be posted 72 hours or 3 days before. So if you're past that, you wouldn't be able to agendaize it for that meeting. So it would have to be at a future board meeting outside of that. >> But if it's before that, we can >> Yes. If you're Yeah. So let's say it's 5 days before the board meeting, you can ask the superintendent to place it on the agenda item or excuse me, on the agenda. Any other questions? >> Well, I do have a question about like, okay, so what if a board member calls you and gives an opinion or whatever? >> One to one. >> Yeah. But how do you know if that person doesn't go and call someone else that says the same thing? That's the

071purpose of this training. >> Because I mean >> because that creates the whole >> Yeah. But I mean at some point so people call you and they might say something about something that's coming up on the agenda >> and have a comment. >> But at no time there's a discussion about well I'm going to go call someone else. I'm going to call the other for see what happens. Nothing like that is discussed on phone or on conversation went that way and then they do. >> Is that the serial me? >> No, not yet. What she's proposing is how do I >> Right. What I'm going to do that so I would say is >> you only have control over yourself. >> Right. And so if you're having a discussion with another board member about something

072that relates to the district district business, it's your responsibility to make sure that that's where that conversation stays. >> It's on you to make sure that you're not then looping in other board members. What another board member does, you don't have control over, >> right? All you can do is hold each other accountable for following the rules, reminding each other that there's liability when you go outside of those rules, but you don't have control over each other, right? what the other what that other person is going to do is what they're going to do. So what your job is is to make sure that that conversation stays between you and that work. >> I think your next slide will actually address it. >> No, it won't. >> Violation of brown can be a crime. [laughter]

073>> Click on the next slide. >> There you go. >> That's why this is important. But again, you can only control yourself, right? It's important that you do, you know, hold each other accountable, remind each other because it's not always intentional that we violate these rules. Sometimes we forget. And so holding each other accountable is appropriate as a board because the stronger you guys are as a board, the stronger the district is, right? And so avoiding liability violations of the Brown Act, all of that isn't perfect. Any other questions about meetings, agendas, the board's role? I have a question. So, say I'm touring a school by with a superintendent >> and I want to ask questions to the staff. Am I allowed to ask questions? >> Yes. If she's walking with me, if she's with

074me? >> Yeah, you're allowed to speak to staff. I mean, if you're walking with the superintendent and it's something that's up to her, you might want to ask her. But if you're just asking staff, how does how do you guys do this at this school site? Where do you guys house this particular thing at this school? >> What if what if I ask them, oh, I mean, >> because there's a lot of staff members, correct? And you don't know >> I mean you the person is. >> Yes. >> You don't put a face to a name sometimes because we just see favors. Correct. >> Okay. So what what if we ask one of the questions is um oh so what's your position >> is that an acceptable >> what what what um role do you

075play at the site? >> Yes. >> Yeah. I don't think there's anything wrong with that question. >> Okay. >> They're a public employee. >> Yeah. >> Their role is public. >> What about in a board meeting? Is that also allowed? like say when we're commenting on the presentations. Is that something that's >> just asking them what their position is? >> I mean just questions. >> Yeah, we've done that, right? Where you have staff on a particular school site presenting and they usually tell you like I'm this is the role I play. This is my title with the school site. >> Um and then you guys always are able to ask questions of the presenters, follow questions based on the presentation, the school set generally. That's a lot. >> Okay. Are you talking about like your

076audience asking questions of the audience? >> But if the audience is the staff, I mean, >> I think she's asking kind of what the boundary might be between the board member speaking to an employee and you're allowed to you're you're the board, right? You're allowed to know what's going on at your school sites. Obviously, the superintendent is charged with making sure that you're updated with all important information, but you're allowed to ask >> what if the audience is the staff, >> making the public comment or something? >> Yes. Are we still allowed to like refer to them, speak to them? >> Yeah. You don't have to, but you can. If they're picking up and saying, "I'm a teacher at XYZ school site and this particular agenda item is important to me because of XYZ reason."

077You can ask them kind of what their role is at the school site. You're allowed to ask them questions. You don't you don't have to, but you can. >> I think what we want to avoid is the board directing employees or staff to do things, right? That goes in with the superintendent. >> When we when we talk from here to them, >> yes, >> them are the community, right? All the community. It's the district community, parents, employees, anyone who comes to the public meeting. >> We are the board, they are the community, >> right? >> That's it. Well, I know they're the community, but you can still I mean, because they stand up with whoever's speaking that day sometimes. So, >> Oh, to like when there's two people at the comment. >> Yeah. Like if

078I'm going to come up as a community member, I'm a mom and there's two other moms with me. But I'm speaking I guess the that so he's saying that basically whoever's in the audience is the community >> and I am telling him yes but we distinguish. Why? Because >> a lot of the people that sit there are >> the community is made up of different roles, right? There's employees, there's parents, there's students, there's the public, right? They're all part of the community. Yeah. >> And to your point, they all have different roles. They may be speaking from a particular role. You may have an employee who's speaking from the perspective of a parent. I have a child in the district. I'm speaking to you as a mom. I Yes, I work here, but I'm speaking

079to you as a mom. >> Yes. >> Right. Vice versa, you may have someone that says, "My child goes here, XYZ, but I'm speaking to you as a teacher." >> Right. And so, to the extent you're wanting to know what perspective they're coming from, that's a fair question to ask. Um but it's not required right >> is I think I think the culture has been not to engage the community at all that has kind of been I think the culture I don't think >> so I guess for clarification >> you're saying it's okay like to ask a question or two but don't get into some long conversation you know >> what I would say is to the extent it's necessary >> okay >> if you if you feel as the board that you have to

080ask a particular question before you know whether you want to direct it to the superintendent or not or something like that and there's a need for the question or need for clarification. >> So it probably would not be a very common occurrence. >> Correct. But I'm sorry Monica you're going to say >> so I I guess I'm just trying to like think >> trying to understand. Yeah. >> So I'll give you an example. >> Okay. So, you know, we're on the board, we're having a meeting and example, nothing negative. It's teachers day. Okay. I'm going to ask, oh, who in the room is a teacher? >> Before even saying why I'm asking who's the teacher, right? Because I know it's teachers day. But I haven't said oh I want to congratulate you on your day

081xyz right so can I ask that question who in the audience is a teacher >> is that an acceptable question that I direct myself to the community or the people that are out there sitting down >> yeah for the purpose that you're describing which is teachers day that's an appropriate question we're not going to force anyone who's a teacher who doesn't want to raise their hand to do so. >> Right? You're you're simply asking a question of if you feel comfortable, identify yourself as a teacher. We want to congratulate you for teachers day. Whatever it is, right? That's that's appropriate. That's not that's not a managerial function. >> Okay? >> Right? Managerial function is I'm directing teachers from here on out to do XYZ or you have a a teacher who's coming forward with some

082particular issue and you say, "Okay, uh I want you to talk to the principal and I want the principal to do." Now you're kind of getting involved in the functions and that's not the role. >> No, no, no. >> That's the that's the role of the super. >> I'm being dramatic, but yes, that's that's where you kind of move more towards managerial function and that's what you want to stay away from because that's the charge of the superintendent. Yeah. But something like, hey, it's teachers day. I want to congratulate all the teachers in the room. I think that's >> so I think it I think the question to ask yourself is like, are you directing someone to do something? Right? Because your your direction a should come from all of you as a board. Not

083you particularly like not not one individual board member. The direction should come from the board >> and the person that the board directs is the superintendent. The superintendent then directs staff. >> What if so when you're interacting with an employee with a parent with a community member the question to ask yourself is am I directing them to do something? What if I direct if they can stand up so we can give them a round of applause? >> Is that I mean I'm asking them to do something. >> No, I hear you. >> For employees, are you asking are you directing them to do their job in a particular way? >> No. Right. >> Correct. So asking them to stand out to be congratulated for teachers day is not >> not. >> I see your point

084though. >> Yes. >> Good distinction. So, it feels like maybe at the beginning there was something you said is the a uh weird we do the public's business in public or what something >> the a board meeting is is held in public so because it's the public's business something >> I know >> yeah but I I hear because I think that was something that happened to us right and it wasn't necess I mean I didn't stop it and I didn't see it inapprop appropriate and I thought okay >> so it's slide 33 >> but what about what about what about in this I ask who are the teachers in the audience and they say me okay and then we are talking about the something about the the weight the wage of >> negotiation >> is

085that negotiation And in that we talk I talk about that in favor of the [clears throat] >> so that that's >> I'm trying to get to sorry Mr. Himenez but I understand what you're what and I think I remember that time that you guys are you're referring to >> slide you're asking for is slide 33 >> 33. So >> but a schoolboard meeting is a meeting of the board held in public not a meeting of the public held in front of the board. >> Okay. And so then Mr. Himemenz gave the example. It's almost the same but different in the sense of those two things can be what's the word I'm looking for? They can be it's it's a blurry line sometimes for the public, right? where then now I'm expecting you to if I'm

086at in the public and I'm mad because of your a decision you're making and I say well you know Tristy Trist from back there Tristy man how about the whatever the the salary and now they're like we're trying that there is that we're trying to avoid is not engaging where and there could it could be that all of you who are teachers in the room so I still want to congratulate the teachers But instead of saying teachers stand up and I'm engaging them with them, I can say something more like for all of you who are teachers in the room, congratulations for for teachers day, >> which is little different but the same. >> I just think that that's the whole blurry line between what they're both saying of there's a different purpose here than

087what she's doing. But it could become blur. like for the public because they're the they don't understand why are you why is one trusty engaging with us and why doesn't the other one want to engage with us? >> If she did it how he's not doing it. So that's why so what I'm describing to you in answering your questions is what's legally allowed not allowed those. Then there's the culture of the district and your common practices. That's a different thing. And as long as those are within the bounds of the law, you're free to create your own culture and your own practices. To your point, each board member should remember that they're acting as part of a body >> and should therefore have consensus among yourselves around how you're going to handle things so that

088you do not give the board or excuse me the public an opportunity to say you're handling it different from you I like how you handle it not you right that's where then they can start creating division among board members division in the board division with the superintendent like that's where those types of things can happen and so it's important to remember that when you're acting as a board member you're acting as a member of a whole a brand new board member would not know the culture of the board. So what Miss Betty Bes did was not something against the our regulations but I think with learning right we're learning as we go on like okay we don't really engage we don't if the person I mean we have asked questions of people before when they

089come to the podium >> for clarification and stuff so I mean because in the agenda there is spotlight >> correct >> yes >> so [clears throat] I'm a positive person. >> Mhm. >> I don't like to I mean the world is already negative. Why do we want to add to it? To me, I like to bring out the positive in the district and recognize it's been said, it's been asked in the board meetings, oh, you know, we should do more recognitions, etc., etc. And even before they said that, that's me in my daily life, you know. So yes, it was me, the one that directed to the audience. I don't think I did anything wrong. And I'll leave it at that. And I just that was my question. I just wanted to make sure that

090it is okay. I wasn't going to point fingers at anybody. I was just going to acknowledge. And that's what I did. Acknowledge and, you know, say that the help is here. This district has come a long ways to have a lot of services for the community. >> Yeah. And so I think again boards have a culture, the district has a culture, the community has a culture, right? And so anytime you become part of a new group, a new culture, right? It's a little bit about learning that culture. >> And so it's not about whether you did something. It's not about whether a particular board member did something right or wrong. In fact, that's under the law, right? That you do something illegal or not. Now, like whether you did something that generally aligns with the

091general practices of the board is a different question, right? And there's nothing requiring you to adhere to those practices. But again, you want to make sure that the board is operating similarly as a whole, presenting as a united front on behalf of the district. And so those are conversations that can be had between two board members, you know. >> So like me, I felt that it was my moment to speak because we all get our moment, correct? And everybody does what they want to say, >> what they have to say, you know, if they want to express themselves or not. So, I thought it was my moment and I expressed myself and I wanted to bring something out that was positive. So, I just wanted to clarify with this slide that what I did Yeah.

092that what I did was okay. >> Thank you. [clears throat] Any other questions on agendas, meetings, public participation? Difference between the board and superintendent. Okay. [clears throat] So, let's wrap up because I want to give superintendent time with brief comment on the public records act. This is not something that the board deals with necessarily directly, but um I deal with the public records act on a day-to-day and we're seeing a very big uptick in public records act requests coming to districts asking for very specific information, very specific records. Um I know that the district is dealing with a big one right now. And so it's important just for the board to be aware of what the public records act requires of your district so that to the extent you're hearing about any requests that are

093coming out or hearing about any records that were released, you kind of have an understanding of where that's coming from. So the public records act big picture overview. It comes from the government code. It's also in our California constitution and it's basically the constitutional right of access to information for the public. Right? people get to know um should be informed about the people's business is essentially the right and how do they get information or how do they learn about the people's business is usually by reviewing written records and written information. So under the public records act a public record is any writing containing information relating to the conduct of public's business regardless of physical forms. So that could be a voicemail, that could be a video, that could be an email. Um, it could be

094a note, written note, doesn't matter. It's form as long as it's a writing and it has information about the public's business on it that is prepared, owned, used, or retained by the district. So if there's a record that has public business information on it, but you don't have it, the district does not have it, there's nothing to to respond to with the public records act. has to be used, owned, or obtained by the district itself. The biggest way that this affects the board is in 2017, the California Supreme Court issued what we call the San Jose decision. And essentially what the court decided in this decision is that because of the growing use of technology by this case the court extended the public's arm to reach public information and it extended the public's arm into

095private devices of board members and employees of a public agency. So, no longer can a board member or employee say, "Well, yes, I have information related to my decision or my opinion on this district business, but it's on my personal phone." So, it's not on public device, and so no one gets it. The court said in San Jose, if there's public business being discussed, doesn't matter that it's on the personal device of said board member or employee, the public has a right to know. And so district staff to the extent they get a request for information can issue a request to you as a board member or to any employee saying we need you to search your personal devices for any uh information related to this particular topic whatever the request is for and you'll

096be required to conduct that search andor sign under Philadelphia perjury that you don't use your personal device for district business. Right. The main thing about this case is that um no longer can city or public employees or board members hide behind their personal device when it comes to protection of records. And so that was a big deal in 2017 and we're still seeing it a lot right now. So that that the biggest way that comes up a big request for example I want to see any document record email related to the newest board policy XYZ thing that means any document any email any record right so to the extent the board is having discussions about that policy update to the extent staff is creating training manuals to implement that policy update etc the public has

097a right to those total of records. Uh this is why we have the handy board bylaw 9012 that asks that to the extent possible all electronic communications regarding district business do not happen on personal devices or to the extent that it does happen on a personal device that you're forwarding that communication to a district account so that staff has access to it to the extent they get a request for that information. Any questions about that piece? This is the piece of the public records act that affects you you guys the most. >> Well, I don't get like um I'm not using a district. Okay. Some of my board members have a district. I guess it's paid by the district, but I choosing not because I don't want to carry two phones. Um I understand that

098if anything any business information I guess for the board is on my phone or text messages or whatever >> district related business >> district related >> might be something that >> you might have to turn over. But how do you turn something like that? >> So that's a good question. You can have staff do it or you can do it yourself. >> Download the conversation. >> So if it's emails for example, you would forward it to the superintendent for example. their text messages, you would take screen take screenshots and send them to the superintendent that way. Um, and then you would have to sign up for saying I conducted the search and I did everything that was responsive to the superintendent. >> But phone conversations, I mean, not really tapping my phone. So, >> you

099mean um like telephone conversations? >> Yeah, conversations. >> It's any it's any record that's retained. >> So, videos, voice recordings, emails, text messages. um chat room messages to send in. I'm still doing that. Any other questions about that piece? Okay, so that's it for me. Any questions about anything we've discussed thus far or at the beginning of the presentation? Any questions from the beginning? >> Yeah, from any part of the presentation. >> I don't think these are >> I apologize. cuz I didn't make that clear that you can interrupt me at any point. Any presentation I do, I always welcome a conversation. I don't I don't ever intend to make people just listen to me drone on any >> board roles and responsibilities and go set >> superintendent evaluation. >> So that's that's a full

100year. >> Mhm. or a calendar >> every school year. So her her the superintendent's eval will have an at the school year around June 30th. >> Okay. >> Because every school year kind of doing an evaluation of how close we are to our goals >> and we as a board have to set the date to give her an evaluation or does >> So currently it's said under her contract. If you look at slide 23, her cont her contract currently dictates that goal setting needs to start no later than the 1st. You guys have a check-in with her no later than March 1st. She completes a self eval no later than May 1st and then her actual full evaluation is completed no later than June 30th. Okay. But as is noted in the presentation, it's up

101to the board to determine with the superintendent the criteria under which she will be evaluated. And so that's kind of the next part of this discussion is for the superintendent to share her goals, share her ideas for the evaluation. Um because again, we're talking about strong partnership between the superintendent and the board. the board overseeing the vision and goals of the district and the superintendent fulfilling the managerial function of implementing and fulfilling those goals for the district. >> And is that an open session? >> Superintendent evaluation is in close session. >> Okay. >> Is there other questions? Sorry. >> Any other questions? >> I know we forgot at the beginning of the presentation that we could ask questions. There's no other ones. Chair over. >> I think that was a good question from Trusty Pettis.

102if they noted or noticed on the agenda on the post session agenda it had superintendent evaluation on there for and it's probably going to stay there for the rest of the school year is because that's the opportunity for us to have more than anything is to start building that partnership through those those goals that we agree on think having um especially those of you who work with Mr. Cornic for the six years he was superintendent is we all have different leadership style. So he had his own style and I and I have mine, right? We're maybe similar visions or or but again the leadership style is a little different. So getting used to me as um as a leader and also is that new partnership that we're forming is my partnership with the board and

103as part of the of the governance team. I think there was one thing that um Alise said when she talked when she was she referred to a functioning board as when you hear when you see the outcomes but I think she also said a strong partnership between the superintendent and the board the student student outcomes and achievement will increase because now we're focused on on something we're on the same page. So that's important to me. That's important to me as a leader is to be [clears throat] on the same page as the board because then we have the same the same goals, right? We we can the presentations, the information we are bringing in that's then that doesn't become a distraction of student achievement. And so for me, setting the goals is you you'll learn

104my leadership style. um making sure that I'm communicating with you closely, making sure that staff is um understanding the goals that I'm setting so they understand where I'm coming from as as well and why we're setting those goals and that it's not it's not just me driving it, but at the beginning of the pres presentation, it said the board sets the vision and um right the board sets direction, they have the vision, the super the superintendent implements that. And so we think that's why I've been pushing like, hey, we're we need to set our goals. We need to set our goals. And hopefully now that this conversation has happened and this training is that we move forward. I appreciate the LCAP and the policies that have been cited in throughout the presentation based on the

105LCAP and how to align the goals because the LCAP is a lot of work. It's a lot of the good work where we get input from everybody. It's the dis it's it's a plan that sets direction for the district. So, it's a plan that we shouldn't just be doing for compliance, but really making sure that it's it's working right and that you as a board have the opportunities when we come to present the LCAP is to give ask for questions, give feedback. As you know, when it becomes LCAP season, it shouldn't just be about the season when we're we're updating or writing the LCAP. It should be a document that we talk about all year long. It's it's what drives what we do for the for the students. So I wanted to make sure that

106I had that opportunity today to just add that piece of I'm learning you as a board as a unit. There's a a personality and a characteristic and a style of way you do as a unit. I'm trying to learn you as individuals. Then I think in turn is you have to learn also who I am as a leader. Right? Um we don't work to the dayto-day. We see each other during the board meetings. Some of you contact me. I try to send you the weekly updates so that you understand what's happening in the district. I I give you information, but having that [clears throat] the setting those goals will create a stronger partnership and understanding where we're going and I keep giving you information in my weekly reports based on my goals. >> The other

107thing I will say that goes along with the idea of a strong partnership between a board and superintendent is you hired the superintendent for a reason. Right? There has to be a certain level of trust placed in the superintendent to run the district. Right? And so because there should be that level of trust, that is why you should feel confident directing anyone back to her, trusting that she will handle it and that she will provide you updates as necessary or as requested. Right? So there's a reminder there that you're not alone. There's an entire board and there's a capable superintendent with a capable staff >> very capable >> who's ready and willing to handle any districts that or excuse me any issues that arise, >> right? And it's and I think at least I know

108I'm experienc it now and you experience it probably all the time is people are calling you with concerns all the time, right? So if I'm getting concerns from parents, oh this principal, this, that principal, that, I I will listen, but then I redirect it to the principal because the principal is there dayto day, right? And then I'll follow up with the person or follow up with the the the principal what's happening. Give me an update, but they're the ones there with the dayto-day. >> I can I [clears throat] can try and solve a problem. it's going to take a little longer. But then now I'm now I'm not being consistent on how that principal is managing their building and the parents and the students there, the staff. So I think redirecting to me again, you're

109going to get the calls and you want to solve things right away, but redirecting to me then I know, hey, we need to redirect it to HR. We need to talk to Mr. Bossy about that. then I know who to send that to and and make sure that the problem is taken care of. >> Yeah, I think I think the the followup is important. >> That's very important to what happened because if not solved, you know, that's important. >> I don't know if you actually would do the followup or or maybe Sophia would do the followup. I mean, I don't know how that would work. It it would depend. >> Yeah, it would depend what it is [clears throat] >> because I might have, you know, I might say, "Mr. Diaz, can you make sure

110that you follow up with the the board on this or I can direct them to our next um our next board meeting? I want to give I want to make sure you give a a quick presentation on the hiring process or something because then that I know that's a consistent issue that's coming up and it's just some information that's missing and how do we do that? When we want to add an item on the gender on time, we have to doubt the superintendent. Yes, the request would go to the superintendent >> and then this is and she can to choose in close session session or we can say no we need to talk in closer. So neither one of you decides. The Brown Act decides, right? So depending on what the issue is, we'll tell

111you whether it can go in open or closed. >> So it depends on what the topic is. >> So it's a personnel issue. Like it's something a concern with with an employee, a concern with me, a concern with somebody that works for the district, then that position. program. If it's something on the budget, if it's an update on a a board policy that was recently, you know, uh adopted or something, that's in any other questions >> questions relating to >> to either one or my comment. Yeah. Uh have we do we have the evaluation instrument? Is it already uh deed available >> for the superintendent? >> Yes. >> No. So so you have a new superintendent. So the board has to update that evaluation that criteria and all of that. Right now all you have

112set are the dates. >> Okay. So is there a function today to start setting the criteria or is that for another meeting or >> you can start that discussion today? It's my understanding there will be follow-up discussion in the board meetings that are coming up >> and and because it's part of my evaluation it has to be done in close session >> but this is an open session >> so we can't talk about h >> we can just on not go into too much like the details >> we wouldn't make decisions yeah >> can you can you uh >> this might be a dumb question no >> but can you define criteria >> simple explanation of criteria >> definition simple Definition of criteria is the idea of criteria is what are you measuring her success

113based on? >> I'm sorry. >> What are you measuring her success based on? Right. What are you what are you looking to >> criteria would same as goals >> sort of it's what you're looking at to determine whether she's meeting the goals. >> Okay. >> Right. So one of our goals is student achievement in this particular in math. Right. >> Okay. What? [laughter] >> What criteria? What are what factors are you going to look at that help you decide yes, we're meeting that goal or no? >> What's the measure? For example, >> we say there will be an improvement data >> at 5%, >> right? But are you going to look at data? Are you going to look at parent um feedback, the process in adopting the new curriculum that I use? >> So, it's

114kind of a the measure plus what are you backing it up with? >> Correct. the measure by which you're you're saying. >> So you have to identify both >> but you're right that they're they're connected to the goals, right? That's ultimately you guys are deciding on goals together. >> And it's her job to to make sure that those goals are being met, >> right? >> Sounds a little it's a little bit >> Yeah. But it gives it gives a thought >> for sure. >> Yeah. It's a big responsibility. >> Yeah. You guys are leading a district. Yeah. >> So, Mr. Kick, we um I think we used the capsules or what did we use the capsules >> like a What did you use for goal setting? >> I think it was them. So, it was

115based on a a capsule. >> Yep. We added a little bit of stuff to it and the attorney helped us find several, right? Didn't we look at several evaluations from Mr. >> We did decided on one of them. >> I don't know. It seems [clears throat] see I seem to remember the discussion surrounding criteria and how you measure criteria. I don't think we got into that too deep. I don't think I think it was more just evaluation or am I wrong? >> I don't know. I wasn't that's >> well my memory anyway but you know >> yeah I think the first step is going to be determining your goals following that it's coming up with like you said the criteria to figure out whether we're meeting those goals and I'm happy to give you guys

116examples of um how criteria is set or examples of evaluations and stuff once we get >> you think first we have to start with goals >> once we pick our goals and we we look at that criteria >> yeah and I think that's fair I mean I would not evaluate anyone without setting goals. It's not I mean how do you what are you going to evaluate? >> So the capsules are very broad. >> What is a capsule? >> So a capsule is a standard for an administrator. >> A standard. >> So just like teachers have standards for uh teaching and delivering instruction and professional development, right? >> They're called capsules. >> Uhhuh. So there's the California uh administrator standards. So there's there's six and then each standard has a substandard in it. >> Okay. >>

117So they're just they're they're on topics. So out of that topic is what do you when we set goals that are more specific and they're measurable and so what is a goal for example if we're interested in see an increase uh in and I'm just kind of bringing some of the topics that we've talked about here is in parent engagement or in uh uh bilingual education academics then specifically to math increase in scores increase in reading early literacy. So that is why we when Elise was presenting the LCAP, if we look at the LCAP, the very first goal for the LCAP is academics. It includes professional development, it includes math, it includes reading for um it includes it's just the academics. The second goal is for English learners. The third goal is for the well-being

118of a student. So it'll include the PBIS, it'll include mental health, it'll include um just the whole other other than than academics. The fourth goal is building capacity of our staff. And then the fifth goal is actually very specific to early literacy aligned with the stated initiative of making sure all students are reading by third grade. >> So those are the ELP goals and it's just very broad. Then each one has actions and if you look at the the capsules there it's aligned to the capsules because the cap first capsule is on instruction and I can't remember there's a capsule on how do you engage the families there's a capsule on how the um the politics and board policy right so we can look at the capsules but then if think if you want to

119get specific photos then and I can bring uh samples And then whatever Elise has, we can show you this is how we can set some goals so that we can keep measuring. And then it's easier when we bring you data and then you know what you're looking for. Even when you go visit a school, you talk with the principal, you talk to the parent or you talk to any other staff member is how are we doing with this, >> right? So it just gives you more of a focus. >> That sounds like a like another meeting. I mean because goals >> uh it's going to take a while. I don't think we can just say just stop. >> We don't have a timeline that because we said November 1st we'd be setting goals. November 1st.

120Is that what setting goals? >> So today's the >> so we have to do it sooner than later so that she knows what the goals are and that she can move forward and we have all those data points. the setting goal session with some kind of structure to help us to facilitate it. You know, maybe maybe your suggestion might you know capsules general goals and then we within that we we we put together more specific goals. So I can bring a recommendation and then um for our next the November 19th meeting and then based on as a board on what we see I think that same day on the 19th we're going to be presenting the California dashboard should become public and um before the 19th. So we're we're going to bring a presentation on

121the California dashboard so you can look at those academics and then how do we uh go from there. So I can bring all that data or send it before just so that you have some time to look at it and and that way you come prepared for that 19th we have the close session and we can start that conversation. It doesn't have to be finished on the 19th but at least we're talking about it. And if this is like the first time we're doing it, it's going to take a little longer. >> Next year we can bring them these what this is what these are the goals we set last time. this is what we meant. Do we keep them? Do we adjust them? What do we do? >> So we we as you know

122five of us, we might have different we probably will we probably will have different goals. >> I don't know how we decide which ones we how we reach a cons is consensus the right word consensus going to be conscious >> for consensus reaching possible. >> Yeah. And we'll walk the board through that whole process. And so in the meantime, if the board would like, I think just so we're all on the same page when we say capsules, we're talking about the California professional standards for education leaders, leaders or leadership. Um, and so perhaps in the interim, the superintendent can send um that to the board. It comes from the CTC. That way you guys just have an idea of what those big six umbrellas are and how your LCAP. >> We also have the evaluation

123from last year from Mr. Coleman. Yeah. We have that too >> and we have the capsules actually it's uh one of the tools that we use for evaluation for our own administrators already in in the evaluation format. So we can send you that one. >> Are you suggesting that maybe that they use the one we use for Mr. >> We could look at both of them. The council is very broad. Okay. >> But I'll send you that tool. We have a tool an internal tool we use for um the district. that we use for our summits evaluation for our um administrators and it's all it's just the capsules but then with the rubric and we we can send you that so you can see that because if not I'll what I'd be sending you is

124just a copy of the capsules but I'll send you the actual form that we use internally with our um with our principles and our directors we're talking about a second meeting in December December 1st or sometime around December >> that you want another study session. >> Well, I mean how I mean to reach to reach consensus on goals. I I you think we need one or not? >> Well, I think it have to happen in close session, right? >> So, I think the the point for tonight is that these conversations will continue starting with the 19th, right? We're going to hear more on the 19th >> um in open session about the dashboard and like all of that is more information to help you form your goals. >> And so we'll continue this discussion on

125the 19th >> and then from there you know at every juncture decide what our next step is. >> Maybe during post sessions we continue the conversations. >> Okay. >> Sure. >> Sounds good. Okay. >> Any other questions? >> No. >> The last thing I'll say is that at the end of the presentation, you'll see um there's a link that I'm including. >> Yeah. To our Brown Act handbook. It's just kind of a helpful resource tool for boards that our firm puts out every year. So if you have a quick question about is this a close session agenda item? Let me look at the handbook. Oh, what's the agenda language we need for XYZ? It's just a helpful resource to kind of look at an easy breakdown of what the Brown app requires and all that

126good stuff. So it's available to you guys through that link. >> We can send this talk. We'll send you. Thank you. >> There are no other questions. >> Okay. So, we're moving on to item four, future meeting dates, November 19th, regular board meeting. Board B, December 10th, annual organization and regular board meeting. And item five, adjournment. I will adjourn this meeting 6 p.m. Have a good night, everybody. >> Good night. Thanks everybody.