Proposed Marin Community College District Policy
CCLC No. 2355
Board of Trustees
DRAFT as of 4/28/09
BP 2355
DECORUM/CONDUCT
References:
Education Code Section 72121.5;
Government Code Section 54954.3(b)
The following will be ruled out of order by the presiding officer:
 Remarks or discussion in public meetings on charges or complaints which the
Board has scheduled to consider in closed session;
 Profanity, obscenity, and other offensive language; and
 Physical violence and/or threats of physical violence directed towards any person
or property.
In the event that any meeting is willfully interrupted by the actions of one or more
persons so as to render the orderly conduct of the meeting unfeasible, the person(s)
may be removed from the meeting room.
A warning and a request that the person(s) curtail the disruptive activity will be made by
the Board President. If the behavior continues, the person(s) may be removed by a
vote of the Board of Trustees, based on a finding that the person is violating this policy,
and that such activity is intentional and has substantially impaired the conduct of the
meeting.
Speakers who engage in such conduct may be removed from the podium and denied
the opportunity to speak to the Board of Trustees for the duration of the meeting.
If order cannot be restored by the removal in accordance with these rules of individuals
who are willfully interrupting the meeting, the Board President may order the meeting
room cleared and may continue in session. Representatives of the press or other news
media, except those participating in the disturbance, shall be allowed to attend any
session held pursuant to this rule.
In all matters of procedure not otherwise indicated, Robert's Rules of Order, Revised,
governs.
Also see BP 2350 titled Speakers
NOTE: This policy 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
is recommended by the Board Policy Committee.
Date Adopted:
(This is a new policy recommended by the
League and the League’s legal counsel)
Legal Citations for BP 2355
CALIFORNIA CODES EDUCATION CODE SECTION 72121.5
72121.5. It is the intent of the Legislature that members of the
public be able to place matters directly related to community college
district business on the agenda of community college district
governing board meetings, and that members of the public be able to
address the board regarding items on the agenda as such items are
taken up. Governing boards shall adopt reasonable regulations to
insure that this intent is carried out. Such regulations may specify
reasonable procedures to insure the proper functioning of governing
board meetings.
This subdivision shall not preclude the taking of testimony at
regularly scheduled meetings on matters not on the agenda which any
member of the public may wish to bring before the board, provided
that no action is taken by the board on such matters at the same
meeting at which such testimony is taken. Nothing in this paragraph
shall be deemed to limit further discussion on the same subject
matter at a subsequent meeting.
CALIFORNIA CODES GOVERNMENT CODE SECTIONS 54954.3
54954.3. (a) Every agenda for regular meetings shall provide an
opportunity for members of the public to directly address the
legislative body on any item of interest to the public, before or
during the legislative body's consideration of the item, that is
within the subject matter jurisdiction of the legislative body,
provided that no action shall be taken on any item not appearing on
the agenda unless the action is otherwise authorized by subdivision
(b) of Section 54954.2. However, the agenda need not provide an
opportunity for members of the public to address the legislative body
on any item that has already been considered by a committee,
composed exclusively of members of the legislative body, at a public
meeting wherein all interested members of the public were afforded
the opportunity to address the committee on the item, before or
during the committee's consideration of the item, unless the item has
been substantially changed since the committee heard the item, as
determined by the legislative body. Every notice for a special
meeting shall provide an opportunity for members of the public to
directly address the legislative body concerning any item that has
been described in the notice for the meeting before or during
consideration of that item.
(b) The legislative body of a local agency may adopt reasonable
regulations to ensure that the intent of subdivision (a) is carried
out, including, but not limited to, regulations limiting the total
amount of time allocated for public testimony on particular issues
and for each individual speaker.
(c) The legislative body of a local agency shall not prohibit
public criticism of the policies, procedures, programs, or services
of the agency, or of the acts or omissions of the legislative body.
Nothing in this subdivision shall confer any privilege or protection
for expression beyond that otherwise provided by law.