BB 9012 — BOARD MEMBER ELECTRONIC COMMUNICATIONS

Bylaws of the Board BB 9012(a)

BOARD MEMBER ELECTRONIC COMMUNICATIONS

The Board of Education recognizes that electronic communication is an efficient and
convenient way for Board members to communicate and expedite the exchange of
information with each other, District staff, and members of the public. Board members
shall exercise caution to ensure compliance with the Brown Act, the public records act,
and other applicable laws.

(cf. 1100 - Communication with the Public)
(cf. 9000 - Role of the Board)
(cf. 9322 - Agenda/meeting Materials)

A majority of the Board shall not, outside of an authorized meeting, use a series of
electronic communications of any kind, directly or through intermediaries, to discuss,
deliberate, or take action on any item that is within the subject matter jurisdiction of the
Board. (Government Code 54952.2)

(cf. 9320 - Meetings and Notices)

Examples of permissible electronic communications concerning District business
include, but are not limited to, dissemination of Board meeting agendas and agenda
packets, reports of activities from the Superintendent, and reminders regarding meeting
times, dates, and places.

Board members may engage in separate conversations or communications with
members of the public on a social media platform to answer questions, provide
information, or solicit information regarding a matter that is within the subject matter
jurisdiction of the Board, as long as a majority of the Board does not use the platform to
discuss among themselves any business of a specific nature that is within the subject
matter jurisdiction of the Board. Additionally, Board members are prohibited from using
digital icons such as "likes" or “emojis” that express reactions to communications made
by other Board members regarding matters within the subject matter jurisdiction of the
Board. (Government Code 54952.2)

Board members shall make every effort to ensure that their electronic communications
conform to Board Bylaw 9010 - Public Statements and shall forward any complaints or
requests for information to the Superintendent in accordance with applicable Board Bylaws.

To the extent possible, electronic communications regarding any District-related business
shall be transmitted through a District-provided device or account. When any such
communication is transmitted through a Board member's personal device or account, the
Board member shall copy the communication to a District electronic storage device for
easy retrieval.
 BB 9012(b)
BOARD MEMBER ELECTRONIC COMMUNICATIONS (cont.)

This bylaw does not apply to Board member electronic communications not related to District
business or not conducted by a Board member in the Board member's official capacity.

(cf. 1340 - Access to District Records)
(cf. 3580 - District Records)

Legal Reference:
EDUCATION CODE
35140 Time and place of meetings
35145 Public meetings
35145.5 Agenda; public participation; regulations
35147 Open meeting law exceptions and applications
GOVERNMENT CODE
6250-6270 California Public Records Act
11135 State programs and activities, discrimination
54950-54963 The Ralph M. Brown Act, especially:
54952.2 Meeting, defined
54953 Meetings to be open and public; attendance
54954.2 Agenda posting requirements, board actions
COURT DECISIONS
Garnier v. Poway Unified School District, No. 17-cv-2215-W (JLB), 2019 WL 4736208
(S.D. Cal. September 26, 2019)
Knight First Amendment Institute at Columbia University v. Trump, 928 F.3d 226 (2019)
City of San Jose v. Superior Court (2017) 2 Cal.5th 608

Management Resources:
CSBA PUBLICATIONS
The Brown Act: School Boards and Open Meeting Laws, rev. 2019
Legal Alert: Tips for Governing Boards in Response to Public Records Act Ruling on
Electronic Communications, March 2017
ATTORNEY GENERAL PUBLICATIONS
The Brown Act: Open Meetings for Legislative Bodies, 2003
WEBSITES
California School Boards Association: www.csba.org
California School Boards Association, GAMUT Meetings:
www.csba.org/ProductsAndServices/AllServices/GamutMeetingsPolicy
California Attorney General's Office:oag.ca.gov

Chino Valley Unified School District
Bylaw adopted: May 7, 2009
Revised: August 17, 2017
Revised: February 4, 2021
Revised: November 21, 2024