9324 BB - Minutes and Recordings

Bylaws of the Board
Board Bylaw No. 9324 
Bylaw approved:  August 22, 2019

The Governing Board recognizes that maintaining accurate minutes of Board meetings provides a record of Board actions for use by District staff and the public and help foster public trust in Board governance.

The secretary of the Governing Board shall keep minutes and record all official Board actions.  The Board’s minutes shall be public records and shall be made available to the public upon request.   (Education Code 35145, 35163)

(cf. 9323.2 - Actions by the Board)

The minutes of Board meetings shall include, but not be limited to:

1.         A notation of which Board members are present, in person or by teleconference, and whether a member is not present for part of the meeting due to late arrival and/or early departure

(cf. 9250 - Remuneration, Reimbursement and Other Benefits)

(cf. 9320 - Meetings and Notices)

2.         A brief summary of the Board's discussion on each agenda topic, rather than a verbatim record of each Board member's specific points of view during the discussion

3.         A summary of the public comments made on agendized items and unagendized topics

4.         The specific language of each motion and the names of the Board members who made and seconded the motion

5.         Any action taken by the Board, and the vote or abstention on that action of each Board member present (Education Code 35145; Government Code 54953)

Upon request by a student's parent/guardian, or by the student if age 18 or older, the minutes shall not include the student's or parent/guardian's address, telephone number, date of birth, or email address, or the student's name or other directory information as defined in Education Code 49061. The request to exclude such information shall be made in writing to the secretary or clerk of the Board. (Education Code 49073.2)

(cf. 5125.1 - Release of Directory Information)

The Superintendent or designee shall distribute a copy of the “unapproved” minutes of the previous meeting(s) with the agenda for one of the next two regular meetings.  The Board shall approve the minutes as circulated or with necessary amendments.

Official Board minutes and recordings shall be stored in a secure location.

Any minutes or recordings kept for Board meetings held in closed session shall be kept separate from the minutes or recordings of regular and special meetings.  Minutes or recordings of closed sessions are not public records.  (Government Code 54957.2) 

 (cf. 9321.1 - Closed Session Actions and Reports)

Recording or Broadcasting of Meetings

The District may tape, film, or broadcast any open Board meeting.  The presiding officer may announce that a recording or broadcasting is being made at the beginning of the meeting, and, as practicable, the recorder shall be placed in plain view of all meeting participants.

Any District recording may be erased or destroyed 30 days after the meeting, Recordings made during regular or special Board meetings are public records, and upon request, shall be made available for inspection by members of the public on a District recorder without charge.

 (Government Code 54953.5)

 

Legal Reference:

EDUCATION CODE

35145  Public meetings

35163  Official actions, minutes and journals

35164  Vote requirements

GOVERNMENT CODE

54952.2 Meeting defined

54953.5 Audio or video recording of proceedings

54953.6 Broadcasting of proceedings

54957.2 Closed sessions; clerk; minute book

54960 Violations and remedies

PENAL CODE

632 Unlawful to intentionally record a confidential communication without consent

CODE OF REGULATIONS, TITLE 5

16020-16027 Classification and retention of records

 

 

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