BB 9323 — MEETING CONDUCT

Bylaws of the Board
BB 9323(a)
MEETING CONDUCT

Meeting Procedures

All Board of Education meetings shall begin on time and shall be guided by an agenda
prepared in accordance with Board bylaws and posted and distributed in accordance with
the Ralph M. Brown Act (open meeting requirements) and other applicable laws.

(cf. 9322 - Agenda/Meeting Materials)

The Board president, or the Board member chairing the meeting at the time if the Board
President is absent, shall conduct Board meetings in accordance with Board bylaws and
procedures that enable the Board to efficiently consider issues and carry out the will of
the majority.
(cf. 9121 - President)

The Board believes that late night meetings deter public participation, affect the Board’s
decision-making ability, and be a burden to staff. Regular Board meetings shall be
adjourned at 9:00 p.m. unless extended to a specific time determined by a majority of the
Board. The meeting shall be extended no more than once and, if necessary, may
subsequently be adjourned to a later date.

When any Board member requests the removal of an item from the consent agenda, the
item shall be given individual consideration for action as a separate agenda item.

Quorum and Abstentions

The Board shall act by majority vote of all of the membership constituting the Board.
(Education Code 35164)

(cf. 9323.2 - Actions by the Board)

Except when prohibited by law, the Board expects its members to vote on all issues before
them. When a member abstains, the abstention shall not be counted for purposes of
determining whether a majority of the membership of the Board has taken action.
(cf. 9270 - Conflict of Interest)

Public Participation

Members of the public are encouraged to attend Board meetings and to address the
Board concerning any item on the agenda or within the Board's jurisdiction. So as not to
inhibit public participation, persons attending Board meetings shall not be requested to
sign in, complete a questionnaire, or otherwise provide their name or other information as
 BB 9323(b)
MEETING CONDUCT (cont.)

a condition of attending the meeting, except that if the meeting is conducted using remote
public participation or with a Board member attending remotely pursuant to Government
Code 54953, a member of the public desiring to provide comment through the use of a
third-party internet website or online platform may be required to register as required by
the third-party provider.

To facilitate public comment, the Board may request that members of the public who wish
to give public comment provide their names or other identifying information to determine
speaking order.

In order to conduct District business in an orderly and efficient manner, the Board requires
that public comments to the Board comply with the following procedures:

1. The Board shall give members of the public an opportunity to address the Board
on any item on the agenda either before or during the Board's consideration of the
item. (Education Code 35145.5, Government Code 54954.3)

2. At a time so designated on the agenda at a regular meeting, members of the public
may bring before the Board matters of interest that are not listed on the agenda
but are within the subject matter jurisdiction of the Board. The Board shall take no
action or discussion on any item not appearing on the posted agenda, except as
authorized by law. (Education Code 35145.5, Government Code 54954.2)

3. The designated opportunities listed in paragraphs 1 and 2 above shall be
consolidated into a single public comment session for each open session meeting
and will be listed on each agenda.

4. Without taking action Board members or District staff members may briefly
respond to statements made or questions posed by the public about items not
appearing on the agenda. Additionally, on their own initiative or in response to
questions posed by the public, a Board or staff member may ask a question for
clarification, make a brief announcement, or make a brief report on his/her own
activities. (Government Code 54954.2)

Furthermore, the Board or a Board member may provide a reference to staff or
other resources for factual information, ask staff to report back to the Board at a
subsequent meeting concerning any matter, or take action directing staff to place
a matter of business on a future agenda. (Government Code 54954.2)

5. The Board need not allow the public to speak on any item that has already been
considered by a committee composed exclusively of Board members at a public
meeting where the public had the opportunity to address the committee on that
item. However, if the Board determines that the item has been substantially
changed since the committee heard the item the Board shall provide an opportunity
for the public to speak. (Government Code 54954.3)
 BB 9323(c)
MEETING CONDUCT (cont.)
(cf. 9130 - Board Committees)

6. A person wishing to be heard by the Board shall first be recognized by the
president and shall then proceed to comment as briefly as the subject permits.

In general, individual speakers will be allowed up to three minutes to address the
Board. The total time for public input is 60 minutes. A speaker may not use their
time for purposes other than addressing the Board directly. If there are no further
comments, a speaker will be considered to have relinquished his or her allotted
time. Speakers are not permitted to cede their unused time to another speaker.

However, in exceptional circumstances when necessary to ensure full opportunity
for public input, the Board president may, with Board consent, adjust the amount
of time allowed for public input and/or the time allotted for each speaker. For
example, time could be adjusted by the following ranges: 3-minutes per speaker
for up to 18 speakers; 2-minutes per speaker for 19 – 30 speakers; and 1-minute
per speaker for 31 plus speakers.

In order to ensure that non-English speakers receive the same opportunity to
directly address the Board, any member of the public who utilizes a translator shall
be provided at least twice the allotted time to address the Board, unless
simultaneous translation equipment is used to allow the Board to hear the
translated public testimony simultaneously. (Government Code 54954.3)

7. The Board President shall determine whether an individual’s public comment is
within the scope of the public comment period, subject to the following conditions:

a) If the topic would be more suitably addressed at a later time, the Board
president may indicate the time and place when it should be presented;

b) The Board shall not prohibit public criticism of the Board, individual Board
members, the District, its policies, procedures, programs, services, acts, or
omissions (Government Code 54954.3);

c) The Board shall not prohibit public criticism of District employees. However,
whenever a member of the public initiates specific complaints or charges
against an individual employee, the Board President shall inform the
complainant of the appropriate complaint procedure.

(cf. 1312.1 - Complaints Concerning District Employees)
(cf. 9321 - Closed Session Purposes and Agendas)
 BB 9323(d)
MEETING CONDUCT (cont.)

Disruptions

The Board President shall not permit an individual(s) to actually disrupt a Board meetings.
Actual disruption by an individual or group or any conduct or statements that threaten the
safety of any persons(s) at the meeting shall be grounds for the President to terminate
the privilege of addressing the Board and remove the individual from the meeting.

The Board President or designee may remove an individual for actually disrupting the
meeting. Prior to removal, the individual shall be warned that their behavior is disrupting
the meeting and that failure to cease the disruptive behavior may result in removal. If,
after being warned, the individual does not promptly cease the disruptive behavior, the
Board President, or designee, may then remove the individual from the meeting.
(Government Code 54957.9)

When an individual’s behavior constitutes the use of force or a true threat of force, the
individual shall be removed from a Board meeting without a warning. (Government Code
54957.95)

Disrupting means engaging in behavior during a Board meeting that actually disrupts,
disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes,
but is not limited to, a failure to comply with reasonable and lawful regulations adopted
by a legislative body pursuant to section 54954.3 or any other law, or engaging in behavior
that constitutes use of force or a true threat of force. (Government Code 54957.95)

True threat of force means a threat that has sufficient indiciation of intent and seriousness,
that a reasonable observer would perceive it to be an actual threat to use force by the
person making the threat. (Government Code 54957.95)

Additionally, the Board may order the room cleared if necessary. In this case, members
of the media not participating in the disturbance shall be allowed to remain, and
individuals not participating in such disturbances may be allowed to remain at the
discretion of the Board. When the room is ordered cleared due to a disturbance, further
Board proceedings shall concern only matters appearing on the agenda. (Government
Code 54957.9)

When disruptive conduct occurs, the Board may decide to recess the meeting to help
restore order, or if removing the disruptive individual(s) or clearing the room is infeasible,
move the meeting to another location. The Board may direct the Superintendent or
designee to contact local law enforcement as necessary.
 BB 9323(e)
MEETING CONDUCT (cont.)

Recording by the Public

Members of the public may record an open Board meeting using an audio or video
recorder, still or motion picture camera, cell phone, or other device, provided that the
noise, illumination, or obstruction of view does not persistently disrupt the meeting. The
Superintendent or designee may designate locations from which members of the public
may make such recordings without causing a distraction.

(cf. 9324 - Board Minutes and Recordings)

If the Board finds that noise, illumination or obstruction of view related to these activities
would persistently disrupt the proceedings; these activities shall be discontinued or
restricted as determined by the Board. (Government Code 54953.5, 54953.6)

Legal Reference:
EDUCATION CODE
5095 Powers of remaining board members and new appointees
32210 Willful disturbance of public school or meeting a misdemeanor
35010 Prescription and enforcement of rules
35145.5 Agenda; public participation; regulations
35163 Official actions, minutes and journal
35164 Vote requirements
35165 Effect of vacancies upon majority and unanimous votes by seven-member board
CODE OF CIVIL PROCEDURE
527.8 Workplace Violence Safety Act
GOVERNMENT CODE
54953.3 Prohibition against conditions for attending a board meeting
54953.5 Audio or video recording of proceedings
54953.6 Broadcasting of proceedings
54954.2 Agenda; posting; action on other matters
54954.3 Opportunity for public to address legislative body; regulations
54957 Closed sessions
54957.9 Disorderly conduct of general public during meeting; clearing of room
PENAL CODE
403 Disruption of assembly or meeting
COURT DECISIONS
City of San Jose v. Garbett (2010) 190 Cal.App.4th 526
Norse v. City of Santa Cruz (9th Cir. 2010) 629 F3d 966
McMahon v. Albany Unified School District (2002) 104 Cal.App.4th 1275
Rubin v. City of Burbank (2002) 101 Cal.App.4th 1194
Baca v. Moreno Valley Unified School District (1996) 936 F.Supp. 719
ATTORNEY GENERAL OPINIONS
90 Ops.Cal.Atty.Gen. 47 (2007)
76 Ops.Cal.Atty.Gen. 281 (1993)
66 Ops.Cal.Atty.Gen. 336 (1983)
63 Ops.Cal.Atty.Gen. 215 (1980)
61 Ops.Cal.Atty.Gen. 243, 253 (1978)
59 Ops.Cal.Atty.Gen. 532 (1976)
55 Ops.Cal.Atty.Gen. 26 (1972)
 BB 9323(f)
MEETING CONDUCT (cont.)

Management Resources:
CSBA PUBLICATIONS
Call to Order: A Blueprint for Great Board Meetings, 2015
The Brown Act: School Boards and Open Meeting Laws, rev. 2014
ATTORNEY GENERAL PUBLICATIONS
The Brown Act: Open Meetings for Local Legislative Bodies, 2003
WEBSITES
California School Boards Association: www.csba.org
California Attorney General's Office: http://oag.ca.gov

Chino Valley Unified School District
Bylaw adopted: February 1, 1996
Revised: January 20, 2000
Revised: April 17, 2003
Revised: March 1, 2012
Revised: May 4, 2017
Revised: November 21, 2019
Revised: February 16, 2023
Revised: September 7, 2023
Revised: November 7, 2024
Revised: May 7, 2026