Board of Education
The Governing Board has been elected by the community to provide leadership and citizen oversight of the district. The Board shall ensure that the district is responsive to the values, beliefs, and priorities of the community.
Role of the Board
The Governing Board has been elected by the community to provide leadership and citizen oversight of the district. The Board shall ensure that the district is responsive to the values, beliefs, and priorities of the community.
The Board shall work with the Superintendent to fulfill its major responsibilities, which include:
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Providing community leadership by setting the direction for the district through a process that involves the community, parents/guardians, students, and staff and is focused on student learning and achievement
(cf. 0000 - Vision)
(cf. 0100 - Philosophy)
(cf. 0200 - Goals for the School District)
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Establishing an effective and efficient organizational structure for the district by:
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Employing the Superintendent and setting policy for hiring of other personnel
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(cf. 2110 - Superintendent Responsibilities and Duties)
(cf. 2120 - Superintendent Recruitment and Selection)
(cf. 2121 - Superintendent's Contract)
(cf. 4000 - Concepts and Roles)
(cf. 4111 - Recruitment and Selection)
(cf. 4211 - Recruitment and Selection)
(cf. 4311 - Recruitment and Selection)
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Overseeing the development and adoption of policies
(cf. 9310 - Board Policies)
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Establishing academic expectations and adopting the curriculum and instructional materials
(cf. 6011 - Academic Standards)
(cf. 6141 - Curriculum Development and Evaluation)
(cf. 6146.1 - High School Graduation Requirements)
(cf. 6146.5 - Elementary/Middle School Graduation Requirements)
(cf. 6161.1 - Selection and Evaluation of Instructional Materials)
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Establishing budget priorities and adopting the budget
(cf. 3000 - Concepts and Roles)
(cf. 3100 - Budget)
(cf. 3312 - Contracts)
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Providing safe, adequate facilities that support the district's instructional program
(cf. 3517 - Facilities Inspection)
(cf. 7110 - Facilities Master Plan)
(cf. 7150 - Site Selection and Development)
(cf. 7210 - Facilities Financing)
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Setting parameters for negotiations with employee organizations and ratifying collective bargaining agreements
(cf. 4141/4241 - Collective Bargaining Agreement)
(cf. 4143/4243 - Negotiations/Consultation)
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Providing support to the Superintendent and staff as they carry out the Board's direction by:
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Establishing and adhering to standards of responsible governance
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(cf. 9005 - Governance Standards)
(cf. 9011 - Disclosure of Confidential/Privileged Information)
(cf. 9200 - Limits of Board Member Authority)
(cf. 9270 - Conflict of Interest)
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Making decisions and providing resources that support district priorities and goals
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Upholding Board policies
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Being knowledgeable about district programs and efforts in order to serve as effective spokespersons
(cf. 9240 - Board Development)
(cf. 9400 - Board Self-Evaluation)
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Ensuring accountability to the public for the performance of the district's schools by:
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Conduct regular and timely evaluations of the Superintendent based on the vision, goals, and performance of the district, and ensure that the Superintendent holds district personnel accountable
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(cf. 2140- Evaluation of the Superintendent)
(cf. 4115 - Evaluation/Supervision)
(cf. 4215 - Evaluation/Supervision)
(cf. 4315 - Evaluation/Supervision)
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Monitoring and evaluating the effectiveness of policies
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Serving as a judicial (hearing) and appeals body in accordance with law, Board policies, and negotiated agreements
(cf. 1312.1 - Complaints Concerning District Employees)
(cf. 1312.2 - Complaints Concerning Instructional Materials)
(cf. 1312.3 - Uniform Complaint Procedures)
(cf. 1312.4 - Williams Uniform Complaint Procedures)
(cf. 4030 – Nondiscrimination in Employment)
(cf. 4117.3 - Personnel Reduction)
(cf. 4118 – Dismissal/Suspension/Disciplinary Action
(cf. 4144/4244/4344 - Complaints)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
(cf. 5116.1 - Intradistrict Open Enrollment)
(cf. 5117 - Interdistrict Attendance)
(cf. 5119 - Students Expelled from Other Districts)
(cf. 5125.3 - Challenging Student Records)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 6159.1 - Procedural Safeguards and Complaints for Special Education)
(cf. 6164.6 - Identification and Education Under Section 504)
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Monitoring student achievement and program effectiveness and requiring program changes as necessary
(cf. 0500 - Accountability)
(cf. 0520.2 - Title I Program Improvement Schools)
(cf. 0520.3 - Title I Program Improvement Districts)
(cf. 6162.5 - Student Assessment)
(cf. 6162.52 - High School Exit Examination)
(cf. 6190 - Evaluation of the Instructional Program)
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Ensuring accountability, monitoring, and adjusting district finances
(cf. 3460 - Financial Reports and Accountability)
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Monitoring the collective bargaining process
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Providing community leadership and advocacy on behalf of students, the district's educational program, and public education in order to build support within the local community and at the state and national levels
(cf. 0510 - School Accountability Report Card)
(cf. 1020 - Youth Services)
(cf. 1100 - Communication with the Public)
(cf. 1112 - Media Relations)
(cf. 1160 - Political Processes)
(cf. 1400 - Relations between Other Governmental Agencies and the Schools)
(cf. 1700 - Relations between Private Industry and the Schools)
(cf. 9010 - Public Statements)
The Board is authorized to establish and finance any program or activity that is not in conflict with, inconsistent with, or preempted by law. (Education Code 35160)
Legal Reference:
EDUCATION CODE
5304 Duties of governing board (re school district elections)
12400-12405 Authority to participate in federal programs
17565-17592 Board duties re property maintenance and control
33319.5 Implementation of authority of local agencies
35000 District name
35010 Control of district; prescription and enforcement of rules
35020-35046 Officers and agents
35100-35351 Governing boards, especially:
35160-35185 Powers and duties
35291 Rules
Management Resources:
CSBA PUBLICATIONS
Maximizing School Board Governance
Professional Governance Standards, November 2000
School Board Leadership: The Role and Function of California's School Boards, 1996
NATIONAL SCHOOL BOARDS ASSOCIATION PUBLICATIONS
The Key Work of School Boards, 2000
WEB SITES
CSBA: http://www.csba.org
National School Boards Association: http://www.nsba.org
Governance Standards
The Governing Board believes that its primary responsibility is to act in the best interests of every student in the district. The Board also has major commitments to parents/guardians, all members of the community, employees, the state of California, laws pertaining to public education, and established policies of the district. To maximize Board effectiveness and public confidence in district governance, Board members are expected to govern responsibly and hold themselves to the highest standards of ethical conduct.
(cf. 9000 - Role of the Board)
(cf. 9270 - Conflict of Interest)
The Board expects its members to work with each other and the Superintendent to ensure that a high-quality education is provided to each student. Each individual Board member shall:
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Keep learning and achievement for all students as the primary focus
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Value, support and advocate for public education
(cf. 9010 - Public Statements)
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Recognize and respect differences of perspective and style on the Board and among staff, students, parents and the community
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Act with dignity, and understand the implications of demeanor and behavior
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Keep confidential matters confidential
(cf. 9011 - Disclosure of Confidential/Privileged Information)
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Participate in professional development and commit the time and energy necessary to be an informed and effective leader
(cf. 9240 - Board Development)
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Understand the distinctions between Board and staff roles, and refrain from performing management functions that are the responsibility of the Superintendent and staff
(cf. 2110 - Superintendent Responsibilities and Duties)
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Understand that authority rests with the Board as a whole and not with individuals
(cf. 9200 - Limits of Board Member Authority)
Board members also shall assume collective responsibility for building unity and creating a positive organizational culture. To operate effectively, the Board shall have a unity of purpose and:
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Keep the district focused on learning and achievement for all students
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Communicate a common vision
(cf. 0000 - Vision)
(cf. 0100 - Philosophy)
(cf. 0200 - Goals for the School District)
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Operate openly, with trust and integrity
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Govern in a dignified and professional manner, treating everyone with civility and respect
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Govern within Board-adopted policies and procedures
(cf. 9310 - Board Policies)
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Take collective responsibility for the Board's performance
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Periodically evaluate its own effectiveness
(cf. 9400 - Board Self-Evaluation)
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Ensure opportunities for the diverse range of views in the community to inform Board deliberations
(cf. 1220 - Citizen Advisory Committees)
(cf. 9323 - Meeting Conduct)
Censure Policy and Procedure
Background
The Board of Education of the Merced City School District has a strong commitment to ethics. The public expects and must receive the highest standards of integrity from all of those in public service. To ensure conformance to its ethical policies, the Board of Education must have a procedure by which it can hold its own members accountable for violation of law, or its policies, regulations, or bylaws.
Purpose
This Policy and Procedure is intended to provide the mechanism by which the Board of Education, acting as a whole, can hold its own members accountable or express its dissatisfaction with any of its members who violate state or federal laws or District Board policies, regulations, or bylaws.
Policy
All Board members shall abide by federal and state laws, as well as District Board policies, regulations, and bylaws. Violation of such laws, policies, regulations, or bylaws damages the good name of the District and undermines the effectiveness of the Board.
Censure is a formal resolution of the Board of Education officially reprimanding one of its members. Censure is an appropriate punitive measure when the violation (or violations) involve serious or repeat offenses.
The Board of Education shall not censure any of its members for the exercise of his or her First Amendment rights.
Procedure
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A request for censure must be submitted by a Board member to the Board President (or Board Clerk if the Board President is the subject of the censure) in writing. The request must contain a specific factual description of the alleged conduct of the Board member at issue, a description of how that conduct constitutes a violation, and the reasons why censure is appropriate. A censure request may only be made by a member of the Board. A copy of the censure request shall also be provided to the Superintendent’s office.
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The Board President (or Board Clerk if the Board President is the subject of the censure) shall appoint an ad hoc committee of less than a quorum to review the request and the ad hoc committee may draft a censure resolution or simply place the issue on the Board’s agenda for an open session discussion. The committee may conduct any related investigation that it determines is necessary prior to making any recommendation. Any proposed censure and/or related resolution shall not be discussed by a majority of the Board prior to the public discussion to ensure compliance with the Brown Act.
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Notice of the proposed censure discussion and/or resolution shall be provided to the subject Board member at least five (5) business days prior to the board meeting at which the discussion will occur. Copies of the censure resolution and supporting documents shall be provided to all board members at least 72 hours in advance of the meeting. At the board meeting, the member of the Board subject to the proposed censure discussion/resolution shall be given the opportunity to respond and to provide the Board with relevant information and material(s).
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As a general premise, but not as a binding rule, censure shall not be imposed unless lesser forms of discipline have been attempted. For example, the Board President or other board member (or Board Clerk if the Board President is the subject of the censure) can first discuss the conduct with the board member at issue and encourage a change in behavior. In addition, an open session board discussion of the conduct can occur so the board member at issue understands the concerns of the board majority prior to the formal adoption of a censure resolution. Whether lesser forms of discipline are appropriate shall be addressed in the recommendation of the ad hoc committee and shall be left for final decision by the Board.
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Any formal censure resolution shall initially be presented to the Board, as a discussion item only, and the Board shall determine that either:
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Further investigation of the charges is required; or
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The resolution should be placed on the Board’s agenda as an action item (with or without modification); or
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The resolution shall be placed on the Board’s agenda as an action item as a written warning or reprimand; or
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No further action is required.
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If a censure resolution is placed on the Board’s agenda as an action item, it must be calendared so that the board member who is the subject of the censure has at least five (5) business days to prepare a defense.
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During public discussion on the adoption of the censure resolution, the member of the Board subject to the censure request shall be given the opportunity to respond and to provide the Board and the public information and material(s) relevant to the charge(s). The proponents of the censure may also respond to the presentation and members of the Board may ask questions. The member subject to the charge(s) may be represented at his or her own personal expense and may have the representative speak on his or her behalf.
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A formal written censure requires the approval by a majority of the Board. The censure resolution shall contain factual findings with regard to the specific charge(s) and set forth any recommended actions. The member of the Governing Board whose actions are the subject of the censure resolution shall be entitled to vote on the matter. As an alternative to a formal censure, a written warning or written reprimand may be adopted in the same manner as a censure resolution.
Legal Reference:
EDUCATION CODE
35010 Power of governing board to adopt rules for its own governance
35160 Board authority to act in any manner not conflicting with law
35164 Actions by majority vote
GOVERNMENT CODE
1090 Financial interest in contract
1098 Disclosure of confidential information
1125-1129 Incompatible activities
54950-54963 The Ralph M. Brown Act
87300-87313 Conflict of interest code
Management Resources:
CSBA PUBLICATIONS
CSBA Professional Governance Standards, 2000
Maximizing School Board Leadership: Boardsmanship, 1996
WEB SITES
CSBA: http://www.csba.org
Terms of Office
The Governing Board shall consist of five members whose terms shall be staggered so that as nearly as practicable, one half of the members shall be elected in each year in which the Board’s elections are regularly held. (Education Code 35012)
The term of office for members elected in regular elections shall be four years, commencing on the second Friday in December following their election. (Education Code 5017)
(cf. 9223 – Filling Vacancies)
(cf. 9224 – Oath or Affirmation)
(cf. 9250 – Remuneration, Reimbursement and Other Benefits)
Board members whose terms have expired shall continue to discharge the duties of office until their successors have qualified by taking the oath of office. (Government Code 1302, 1360)
If a regularly scheduled Board election date is changed due to consolidation with a statewide or municipal general election, the term of incumbent Board members shall be extended to align with the next applicable election. (Elections Code 10404.5)
Legal Reference:
EDUCATION CODE
5000-5033 Election of school district board members
35010 Control of district
35012 Board members; number, election and terms
35107 Eligibility
ELECTIONS CODE:
1302 Local elections, school district election
10400-10418 Consolidation of elections
14050-14057 California Voter Participation Rights Act
GOVERNMENT CODE
1302 Continuance in office until qualification of successor
1303 Exercising functions of office without having qualified
1360 Necessity of taking constitutional oath
Management Resources:
WEB SITES
CSBA: http//www.csba.org
President
The Governing Board shall elect a president from among its members to provide leadership on behalf of the governance team and the educational community it serves.
To ensure that Board meetings are conducted in an efficient, transparent, and orderly manner, the president shall :
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Call such meetings of the Board as he/she may deem necessary, giving notice as required by law
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Consult with the Superintendent or designee on the preparation of Board meeting agendas
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Call the meeting to order at the appointed time and preside over the meeting
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Announce the business to come before the Board in its proper order
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Enforce the Board's policies relating to the conduct of meetings and help ensure compliance with applicable requirements of the Brown Act
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Recognize persons who desire to speak and protect the speaker who has the floor from disturbance or interference
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Facilitate the Board's effective deliberation, ensuring that each Board member has an opportunity to participate in the deliberation and that the discussion remains focused
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Rule on issues of parliamentary procedure
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Put motions to a vote and clearly state the results of the vote
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Be responsible for the orderly conduct of all Board meetings
The president shall have the same rights as other members of the Board, including the right to discuss and vote on all matters before the Board.
The president shall perform other duties in accordance with law and Board policy including, but not limited to:
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Signing all instruments, acts, orders, and resolutions necessary to comply with legal requirements and carry out the will of the Board
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Consulting with the Superintendent or designee on the preparation of the Board's agendas
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Working with the Superintendent or designee to ensure that Board members have necessary materials and information
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Subject to Board approval, appointing and dissolving all committees
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Leading the Board's advocacy efforts to build support within the local community and at the state and national levels
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Representing the district as governance spokesperson in conjunction with the Superintendent
The president shall participate in the California School Boards Association's Board President's Workshop and other professional development opportunities to enhance his/her leadership skills.
When the president resigns or is absent, the clerk shall perform the president's duties. When both the president and clerk are absent, the Board shall choose a president pro tempore to perform the president's duties.
State
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Description
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Ed. Code 35022
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President of the board
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Ed. Code 35143
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Annual organizational meetings; date and notice
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Gov. Code 54950-54963
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The Ralph M. Brown Act
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Management Resources
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Description
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CSBA Publication
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Call to Order: A Blueprint for Great Board Meetings, 2018
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CSBA Publication
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Professional Governance Standards
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CSBA Publication
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Board Presidents' Handbook, revised 2002
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Website
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Website
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Cross References
Secretary
The Governing Board shall appoint the Superintendent to serve as secretary to the Board. The secretary to the Board shall be responsible for maintaining an accurate and complete record of all Board proceedings and shall:
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Prepare, distribute and maintain the Board agenda
(cf. 9322 - Agenda/Meeting Materials)
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Record, distribute and maintain the Board minutes
(cf. 9324 - Minutes and Recordings)
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Maintain Board records and documents
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Conduct official correspondence for the Board
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As directed by the Board, sign and execute official papers
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Perform other duties as assigned by the Board
(cf. 2111 - Superintendent Governance Standards)
Legal Reference:
EDUCATION CODE
35025 Secretary and bookkeeper
35143 Annual organizational meetings; dates and notice
35250 Duty to keep certain records and reports
GOVERNMENT CODE
54950-54963 Ralph M. Brown Act
Management Resources:
CSBA PUBLICATIONS
CSBA Professional Governance Standards, 2000
Maximizing School Board Leadership: Boardsmanship, 1996
WEB SITES
CSBA: http://www.csba.org
Clerk
At the annual organizational meeting, the Governing Board shall elect a clerk from its own membership. (Education Code 35143)
(cf. 9100 - Organization)
The duties of the clerk shall be to:
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Certify or attest to actions taken by the Board when require
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Maintain such other records or reports as required by law
(cf. 9324 - Minutes and Recordings)
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Sign documents on behalf of the district as directed by the Board
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Serve as presiding officer in the absence of the president and vice president
(cf. 9121 - President)
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Notify Board members and members-elect of the date and time for the annual organizational meeting.
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Perform any other duties assigned by the Board
Legal Reference:
EDUCATION CODE
17593 Repair and supervision of property (duty of district clerk)
35038 Appointment of clerk by county superintendent of schools
35039 Dismissal of clerk
35121 Appointment of clerk in certain city and high school districts
35143 Annual organizational meetings
35250 Duty to keep certain records and reports
38113 Duty of clerk (re provision of school supplies)
GOVERNMENT CODE
54950-54963 Ralph M. Brown Act
Management Resources:
CSBA PUBLICATIONS
CSBA Professional Governance Standards, 2000
Maximizing School Board Leadership: Boardsmanship, 1996
WEB SITES
CSBA: http://www.csba.org