Purpose

This handy guide, in the form of a booklet, is intended for the use of the Trustees and members of the public to assist them in making sure that the public participation in Board meetings is as effective and constructive as possible. It is aimed at soliciting feedback and comments from the Board's varied constituencies within the communities it serves. This guide does not replace or alter policy and administrative regulations upon which it is based.

Public Participation At Public Board Meetings

The First Amendment rights of free expression are embraced by Mendocino College. As indicated below, the public's rights to comment at the meetings of the Board of Trustees (BOT) are subject to some minimal constraints.

While most issues coming before the BOT are subject to discussion and action in open session, the Brown Act authorizes certain topics to be addressed within closed session. Such issues include personnel, litigation, real estate negotiations, student issues, and collective bargaining. In its position as public trustee, the BOT shall address these issues appropriately in conformance with the Brown Act.

Board Policy 901 and its accompanying Administrative Regulation establish the basic regulations for public participation in BOT meetings. The public may attend, observe, and is encouraged to participate according to policy and administrative regulations guidelines. The agenda for each of the BOT meetings provides a specific place for public comments; open session and prior to any closed session. During the public comments section, the public is encouraged to address only those issues or subjects of relevance to the college. If the subject matter is not on the agenda, except in certain prescribed circumstances [see Government Code Section 54954.2 (b) (1) (2) (3)], the BOT may not take action, nor discuss the item, except to clarify. The BOT and staff are not obligated to comment on any item not on the agenda.
The BOT 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 BOT determines that the item has been substantially changed since the committee heard it, the BOT shall provide an opportunity for the public to speak in accordance with the law.

Placing Matters on Meeting Agenda

Members of the public, including those who are among the constituencies within the college, also have the right to place matters directly related to district business on the agenda of the BOT's public meetings. To place an item on the agenda of a future meeting, members of the public may submit a request, either in open session of the BOT, or by written request to the Chair or Secretary of the BOT. A reasonable amount of time will be set aside to permit the Board to review the matter, and, in some cases, to consult legal counsel. If the BOT determines the request is pertinent to the BOT's business and appropriate for discussion at an open session, the matter will be placed on a future agenda.

Rules Covering Public Participation Each participant is:

• Asked to be recognized by the chair before speaking, and to direct their comments to the chair.
• Requested to give name, place of residence and affiliation, if any.
• Limited to five minutes for a statement, unless the BOT otherwise directs at the time. The Chair, with the permission of the BOT, may modify these time limits. If time permits, an individual my speak again on the same topic. The Chair may limit the total time spent on any one topic.
• Limited to one statement per subject as long as others wish to address the meeting on this subject.
• Asked to address the Chair only. The Chair may call on others to clarify an issue. The Chair may or may not decide to respond to the comments. A response may be delegated.

Those members of the public making statements involving personnel are reminded that the employees of the district have a right to privacy and confidentially. The BOT will act properly, giving full consideration to the law and to the individual's rights. Members of the public are asked to refer to Administrative Regulation 901.1, Section 9, prior to making a complaint against an employee or student in an open session of the BOT.

The BOT will hear and not prohibit comments which criticize policies, procedures, programs, or services of the college, or acts or omissions by the Board. The Chair retains the right to express caution concerning remarks which identify staff or students, and/or which are vitriolic, abusive, or profane. The Chair may also request that persons who are not observing reasonable decorum and courtesy, to the extent that the meeting is disrupted, leave the meeting. The Chair is also responsible for reminding the BOT of its trusteeship obligations, particularly with respect to those matters mentioned above, which the BOT discusses only in closed session.

Willful Disruption of Meeting

The Brown Act provides that the Chair may, under circumstances of willful interruptions, disturbances, and disorderly conduct, clear the meeting room with the exception of non-offending members of the press or other news media.

Guidelines for Board Members During Meetings Open to the Public

1. Actively participate.
2. Provide input and direction.
3. Be objective. Deal with fact as much as possible.
4. Interact with other members of the board in order to accomplish the stated business as outlined in the agenda. Extended freewheeling discussion that go beyond the stated items in the agenda are to be avoided. Items not on the agenda should be referred to committee or staff if additional information and/or action is needed.
5. Ask questions to get relevant information.
6. Present inquiries so as not to appear negative.
7. Actively listen to others; listen to what is said as well as what is not said.
8. Respect other's views.
9. Consider issues, not personalities.
10. Clarify the pros and cons, --of all alternatives.
11. After listening to all sides, advocate for a position based upon thorough study and objective reflection.
12. Help the chair by ceasing debate when all sides have been explored.
13. If information is insufficient, seek to table or postpone an item, so as to avoid making a decision under time constraints.
14. Abstain from voting when there is a possible conflict of interest. Be alert and seek legal advice in order to be informed ahead of time.
15. Don't abstain just to avoid offending a fellow board members or member of the public.
16. At all times recognize and respect that the Board acts only as a body. Individual members have no individual authority or control over matters within the Board's jurisdiction.
17. Other than for clarification, normally refrain from discussing items which are not on the agenda.

REFERENCES

POLICY NO. 901 Revised September 2, 1998
Public Participation in Board Meetings

GOVERNMENT CODE, THE BROWN ACT, VIZ.
54954.2 Agenda requirements; Regular meetings
54954.3 Public's right to testify at meetings
54957.9 Disruption of meeting

CALIFORNIA EDUCATION CODES
Sections 72121, 72122, & 72129

THE 1997 TRUSTEE HANDBOOK BY CCLC
Page 3-15 At Board Meetings

MISCELLANEOUS COMMENTS FROM ATTORNEY AND CCLC STAFF

CHAPTER V EXCERPTS

The Ed. Code sections and district policies are available and may be obtained by contacting the President's Office at Mendocino College, or by writing that office at Box 3000, Ukiah CA 95482.

The Guide Was Compiled By The Board Of Trustees With The Assistance Of College Staff And Has Gone Through The College's Shared Governance Process

Created: April 02, 2002 @ 12:00 AM
Last Modified: December 16, 2005 @ 09:22 AM