Proposed Marin Community College District
Procedure
CCLC No. 2320
Board of Trustees
DRAFT as of 4/28/09
AP 2320
SPECIAL AND EMERGENCY MEETINGS
References:
Education Code Sections 72023.5 and 72129;
Government Code Sections 54956 and 54956.5
Whenever a special meeting of the Board of Trustees is called, the Superintendent/
President shall cause the call and notice to be posted at least 24 hours prior to the
meeting in a location freely accessible to the public. The Superintendent/President shall
also ensure that the following notices of the meeting are delivered either personally or
by other means:
 Written notice to each member of the Board of Trustees, including the Student
Trustee.
 Written notice to each local newspaper of general circulation, and each radio or
television station that has previously requested in writing to be provided notice of
special meetings.
The written notice must be received at least 24 hours before the time of the meeting as
set out in the notice. The notice shall specify the time and place of the special meeting
and the business to be transacted or discussed. The notice may be waived by
members of the Board of Trustees in writing either prior to or at the time of the meeting.
Whenever an emergency meeting of the Board of Trustees is called, the
Superintendent/President shall cause notice to be provided by telephone at least one
hour prior to the meeting to each local newspaper of general circulation and each radio
or television station that has requested notice of special meetings. If telephone services
are not functioning, the Superintendent/President shall provide the newspapers, radio
stations, and television stations with information regarding the purpose of the meeting
and any action taken at the meeting as soon after the meeting as possible.
NOTE: This procedure is suggested as good practice. The language in red ink is recommended from
the Community College League and legal counsel (Liebert Cassidy Whitmore). The information in green
ink reflects recommended revisions by the Board Policy Committee.
Date Approved:
(This is a new procedure recommended by the
CC League and the League’s legal counsel)
Legal Citations for AP 2320
CALIFORNIA CODES EDUCATION CODE SECTIONS 72023.5 and 72129
72023.5. (a) The governing board of each community college district shall
order the inclusion within the membership of the governing board, in addition
to the number of members otherwise prescribed, of one or more nonvoting
students who are residents of California as determined pursuant to Part 41
(commencing with Section 68000).
These students shall have the right to attend each and all meetings of the
governing board, except that student members shall not have the right, or be
afforded the opportunity, to attend executive sessions of the governing
board.
The students selected to serve on the governing board, in addition to
being residents of California as determined pursuant to Part 41 (commencing
with Section 68000), shall be enrolled in a community college of the district
and shall be chosen, and shall be recalled, by the students enrolled in the
community colleges of the district in accordance with procedures prescribed
by the governing board. A student member shall be required throughout the
term of his or her appointment to be enrolled in a community college of the
district for at least five semester units, or its equivalent, and shall meet
and maintain the minimum standards of scholarship for community college
students prescribed by the community college district. The term of the
student members shall be one year commencing on June 1 of each year.
The nonvoting student members appointed pursuant to this section shall be
entitled to mileage allowance to the same extent as regular members, but are
not entitled to the compensation prescribed by Section 72425.
A nonvoting student member shall be seated with the members of the
governing board and shall be recognized as a full member of the board at the
meetings, including receiving all materials presented to the board members
and participating in the questioning of witnesses and the discussion of
issues.
The nonvoting student member shall not be included in determining the vote
required to carry any measure before the board.
The nonvoting student member shall not be liable for any acts of the
governing board.
(b) Notwithstanding subdivision (a), the student member or members
selected to serve on the governing board of a community college district
pursuant to subdivision (a) may do any of the following:
(1) Make and second motions at the discretion of the governing board.
(2) Attend closed sessions, other than closed sessions on personnel
matters or collective bargaining matters, at the discretion of the governing
board.
(3) Receive compensation, at the discretion of the governing
board, up to the amount prescribed by Section 72425.
(4) Serve a term of one year commencing on May 15 of each year, at
the discretion of the governing board.
(c) It is the intent of the Legislature that any decision or
action, including any contract entered into pursuant thereto, upon
the motion or second of a motion of a student member, shall be fully
legal and enforceable against the district or any party thereto.
(d) The governing board of each community college district that affords
the student member or members of the board any of the privileges enumerated
in subdivision (b) shall, by May 15 of each year, adopt rules and regulations
implementing this section. These rules and regulations shall be effective
until May 15 of the following year.
72129. (a) Special meetings may be held at the call of the
president of the board or upon a call issued in writing and signed by
a majority of the members of the board.
(b) A notice of the meeting shall be posted at least 24 hours prior to the
special meeting and shall specify the time and location of the meeting and
the business to be transacted and shall be posted in a location that is
freely accessible to members of the public and district employees.
CALIFORNIA CODES GOVERNMENT CODE SECTIONS 54956 and 54956.5
54956. A special meeting may be called at any time by the presiding
officer of the legislative body of a local agency, or by a majority
of the members of the legislative body, by delivering written notice
to each member of the legislative body and to each local newspaper of
general circulation and radio or television station requesting
notice in writing. The notice shall be delivered personally or by
any other means and shall be received at least 24 hours before the
time of the meeting as specified in the notice. The call and notice
shall specify the time and place of the special meeting and the
business to be transacted or discussed. No other business shall be
considered at these meetings by the legislative body. The written
notice may be dispensed with as to any member who at or prior to the
time the meeting convenes files with the clerk or secretary of the
legislative body a written waiver of notice. The waiver may be given
by telegram. The written notice may also be dispensed with as to any member
who is actually present at the meeting at the time it convenes.
The call and notice shall be posted at least 24 hours prior to the
special meeting in a location that is freely accessible to members
of the public.
54956.5. (a) For purposes of this section, "emergency situation"
means both of the following:
(1) An emergency, which shall be defined as a work stoppage,
crippling activity, or other activity that severely impairs public
health, safety, or both, as determined by a majority of the members
of the legislative body.
(2) A dire emergency, which shall be defined as a crippling
disaster, mass destruction, terrorist act, or threatened terrorist
activity that poses peril so immediate and significant that requiring
a legislative body to provide one-hour notice before holding an
emergency meeting under this section may endanger the public health,
safety, or both, as determined by a majority of the members of the
legislative body.
(b) (1) Subject to paragraph (2), in the case of an emergency
situation involving matters upon which prompt action is necessary due
to the disruption or threatened disruption of public facilities, a
legislative body may hold an emergency meeting without complying with
either the 24-hour notice requirement or the 24-hour posting
requirement of Section 54956 or both of the notice and posting
requirements.
(2) Each local newspaper of general circulation and radio or
television station that has requested notice of special meetings
pursuant to Section 54956 shall be notified by the presiding officer
of the legislative body, or designee thereof, one hour prior to the
emergency meeting, or, in the case of a dire emergency, at or near
the time that the presiding officer or designee notifies the members
of the legislative body of the emergency meeting. This notice shall
be given by telephone and all telephone numbers provided in the most
recent request of a newspaper or station for notification of special
meetings shall be exhausted. In the event that telephone services
are not functioning, the notice requirements of this section shall be
deemed waived, and the legislative body, or designee of the
legislative body, shall notify those newspapers, radio stations, or
television stations of the fact of the holding of the emergency
meeting, the purpose of the meeting, and any action taken at the
meeting as soon after the meeting as possible.
(c) During a meeting held pursuant to this section, the
legislative body may meet in closed session pursuant to Section 54957
if agreed to by a two-thirds vote of the members of the legislative
body present, or, if less than two-thirds of the members are present,
by a unanimous vote of the members present.
(d) All special meeting requirements, as prescribed in Section
54956 shall be applicable to a meeting called pursuant to this
section, with the exception of the 24-hour notice requirement.
(e) The minutes of a meeting called pursuant to this section, a
list of persons who the presiding officer of the legislative body, or
designee of the legislative body, notified or attempted to notify, a
copy of the roll call vote, and any actions taken at the meeting
shall be posted for a minimum of 10 days in a public place as soon
after the meeting as possible.