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Regular Board Meeting 06-07-22

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Beyond Fleet and then may I ask you to repeat just the reduction to my phone I'm as I was saying to go the reason to take effect on June 30th and the Education Code provides for general rules as to what is to occur when a vacancy arises for whatever reason including a resignation and the general rule in there are some exceptions in general it's in one of they can see it first or within 60 days of the vacancy has a decision decision is either we as a board will act 2 only they can see through what it's called a provisional appointment or we as a board will decide that we filled the vacancy to be filled through a special device so that's it that's the choice of support which one of the Education Code and there are some reasons of the city Charter the Education Code also addresses what happens if the reason the governing board is not accident that 6 days does not make a decision one way or the other and the general rule again with a general rule is that if a board does not make a decision Central Point or to call an election within the 60-day. Then it falls to the county superintendent of schools in the county superintendent of schools as a general rule and it has it has a duty to order especially like so that's it that's the general will now those general rules become a little bit more complex and their application when the vacancy occurs close to the end of the term that the board member is is is is it's going which it is the case here is a stamp that is a document and this this the seat with the document Ethan I didn't we talk about would be up for election in November 2022 a month because we are so close to the end of Doc McStuffins term that I think some of these sir General rules in the timeline be if the vacancy occurs too close to the end of the term and there's a prison of the code that says that there is appointment in there is no electrical just hypothetically is that if the vacancy occurs within four months of the end of the term then there is no appointment and there is no special election to just remain as they are more than four months we count backwards from the end of the term when does the term end well the term end when a successor would would would be seated in what the code says is that a term start on the second Friday in December after the election you see the fur Friday but a couple years ago change the second Friday so we count backwards from the second Friday in December. That was four months November October December August Used to Know. where it where more than 4 months so so that means that the board is empowered if it so chooses to make an appointment to fill the vacancy is it an option for the board to call a special election if the board wanted to do that because that is the general that's the choice I don't believe that that is an option that's available under the current stance is because the election is so close in time to the end of the term the general rule under the code is that if there is to be a special election it that it is to be called if you are with your mom and here it is to be called not less than not less than is there a special election called it must be held not less than 130 days after the was called the order of the election but we don't have 130 days in this case if the board were to act now I'm sorry what would depend on what it was if if there was a we have count word for 130 days in the present time so we'll see what it reads this is June July August September October I don't think we have time for a special election that I have to just check my notes on my timeline but certainly if the if there was not action taken within that 60-day window will be outside of the time to order a special election and if a special election were to be called basically we're too late to call a special election so the option essentially at this point is to either make provision appointment or not you know that's the choice board if we don't make a provisional appointment are we allowed to say the election is the November election we simply won't have a board member until that election it is my assessment that in that United and if for whatever reason the board did not take action within the 60-day when do that that is open by the vacant right so once they can see arrives at the clock starts on the 60 days if the board doesn't do anything within that 60 day time what happens if we were farther out from the end if we were farther out from a regular election then the code would require the county superintendent but because we are as close as we are next regular election date is I read all these code sections as they as they fit together we would since it would be too late for the superintendent to call a special election therefore the seat will just remain vacant until it came up for election by unicorn to the regular election cycle in November of 2022 and there will be an election and whoever gets elected November 22 will be elected for a four-year thank you I think given the discussion we should see if any board members have questions for Erin before we take public comment and then we should still take public comment. anybody have any questions to follow up okay just checking right I would like to hear public comment first I'm sorry I think I do have one question just for us to consider so we know going into this the implications of all of our options what does anybody have an idea of the cost associated with a special election I don't have that number it is speculate. I don't have that number at the Ellis County and because we do Consolidated elections because we do Consolidated elections we kind of benefit from having school numbers on the local ballot versus a separate one in the other time so like November elections board members are elected on the same ballot as city council members and even the president we don't do it separately so I'm a can we save some money there in normal times we would have to foot the bill for this entirely right as you point out the regular like to play Cycles November over six years ago has changed my number. we can't have a special deal for that take no action. I don't know if that's even something faster that's what I thought all right so I want to take public comment and then comments and questions from the board mister man here in person first 10 and then we'll take people online thank you I appreciate it thank you everyone for this opportunity to speak and thank you to the doctor mckeithen forget her service so far and will miss you here so I prepare my comments before I just heard the words from the attorney so some of this may overlap a little bit but I very much appreciate the clarification so please please for the sake of the reputation of the district and out of respect for the strong Democratic process that holds Culver City together do not move forward with the resolution that was put forward to appoint a replacement or caluag code 5091 and School Board bylaws PB 92238 Arbor for please or during election to coincide with the November General text Edwards asphalt to that as it as it would be again you know absolutely please do not get us as a community into the Fallout of what an appointment process and that go with the option Allowed by state law and by the law by our bylaws to have the election in November which is not let which is more than 130 days from now per cow leg code 5091 point to be so thank you and we will miss you. Thanks thank you I can't see the names on time for some reason I'm going to be improvising a little bit but yeah so bye bye bye what's wrong Adidas Superstar just want to thank dr. mckeithan also for her years of service on the board and just really enjoy the personal relationship that we were able to develop in your time on the board and myself as Union president plus the time we served together on partnership and just wanted to really say it was just truly appreciate everything you did and I wish I could find a way to Baby chip in and we can get you something in Culver City for the next few months and keep you here so I had that kind of money I do want to save that you know I also like the respect the Democratic process and if possible you know I think the best way to handle this is to have a special election I have a habit of the election I think I think the special election was off the table but have an election in the November ballot and we just kind of go with four board members for this time being if for some reason the board I'm does decide to go with an appointment on my question he is somehow with the board and Gage on feedback from the stakeholders are you employee groups community and everything like that if the board chooses to go that direction but again I think this term and I agree that I would hope we would hold off until the November election that we hold off till having someone on the board in the last time thank you again. Everything very greatly appreciated Mr Wong start a read the agenda like 20 minutes ago I'm so sorry to hear that we are losing losing you so good luck on your new your new adventure most important way but yes just to Echo it sounds like we are pretty close to the November election and I would think that that makes the most logistical sense and financial sense just to wait it out until then if you was a body decide that you do want someone in the interim I would assume and expect that no one who is currently announced that they are running be appointed but this that would be a very unfair and inappropriate choice so if you really need deepest body there through the end of the year that I would please ask that you choose someone who is not running will not be announced they're running that there is no intent to run that it really is just an extra person needed and will not create an unfair and unkind us experienced in the city so thank you very much and crossing my fingers thank you thank you I think it was thank you for this opportunity and want to share that for months we discussed whether enough process took over happened over a calendar decision for more than one 20 days we make sure we have one-on-one conversation focus group surveys and multiple board meetings to make sure the community was engaged and as much as I care and I'm deeply focused on that this decision is Far Cry and I asked that we do focus on process this will have greater impact in the corporations and that calendar decision just over twenty-four hours ago during one of the busiest week of the year for this community when were celebrating graduation gearing up for the end of the year we found about the found out about dr. we keep in his resignation so most of us even with that information from a lawyer we're still a little confused honestly so what take the time table this let's learn more let's really do the process so I also have concerns that if we fast track this we are setting up mazama's a very good for presidency Ricky legitimizing the Tennessee of all the everyone running in November as well we owe it to this committee to be honest to be truthful to honor the Democratic process really we spoke in a lot about this trust over the past few months and this won't end if we fast practice it will only further. Just dropped so please table this let's do the work let's Rosa Community right follow the process that we've I hate you numerous times and closing I want to thank Doctor Who season for your service you served as president probably one of the most difficult time you were president during the pandemic viewer oversaw a superintendent search and you were here for many many more difficult emotional and challenging conversations that we had to thank you so much for taking your care of your heart and your passion to this community and I wish you much that's in your future endeavors thank you Nexus ha Maria Hi how are you am I getting through banking dark machine thing for her service and good luck in the future I wanted to call him as a parent just to give my opinion begin my concern about appointing a Fifth Ward member for an egg I would take 25 or six meetings it's I think it was the best interest of the book of The District's just go with four is now a plug-and-play position where you going to put somebody in there they could be up to today up-to-date with the process that he's in and be you know really able to serve the community has served as District in the end up in a proper form plus there's not a feel strong vetting process in such a short amount of time and we're in the process of betting people running for that Pete that position and that's going to take months so I don't I don't see why we will decide something as important as feeding a pitbull with such a short amount of time left I think we all can have confidence that the remaining four can do the job in someone's elected I thank you thank you I do have any more hands raised so then let's close public comment and look for comments or questions from the board is Ireland Baldwin a question give me can you use your microphone please thank you he's getting like from the sorry about that Circle back to the question of if the board were so inclined is it within the ability of the board to tonight or sometime take action to actually order a special election that is not wait for the county soup not wait for the sick can the board decide we want to order a special election is no based on the city Charter Charter which also addresses Board elections has a provision that physically that no special election shall be called The Fill of a can see if it cannot be held at least 180 days before the next regular Board of Education Election so we're already on inside of that window less than 180 days out from November 2022 election so it would not be an option even for the kids to go over to take action tonight to order a special election and there is a similar language in the world by law thank you want to make sure they're okay so I have comments but as usual let me let the rest of the board go first does anybody have any comments or questions okay I'm happy to yeah I mean yeah I just I mean totally ready either but I'm happy to go first if you rather what do you want to do I will hold us to my mouth so I would much prefer a much more comfortable holding off until the regular election I mean I think the the comments spoke to the Y so I won't the commenters that articulated the wise that I they're also I feel that the resolution is even if we were to come to a majority or consensus hopefully about a process I would have many many comments about the resolution so I don't I think I can be brief and just say I really would like to wait for the general election I think it's the most in the car they move forward and that if we still as a board come to majority or consensus about passing a resolution around appointment I would want to take a much longer period of time deliberating about the contents of the resolute and so I would want this document to come back in at least one more is not two more iteration and I'll just share that the one thing that is most urgent is that the the ad code is listed improperly I suspect we may have unanimity it's not certainly anybody who wants to to suggest that we do appoint somebody please I think the I mean this is my guy. I wasn't expecting this conversation so I think this board works well with five voices and I think what makes it so rich is that we have a variety of perspectives it is I no understand that they didn't short window but I would love for someone to sit in the chair and be able to engage in in the dialogue so I mean obviously it's the will of the board and but I would prefer someone would sit in the seat I agree I'm torn it's a difficult decision because I agree that appointing someone would be it would be a process that we have to put a lot of effort and time into to make sure that we are going about it the right way and I'm speaking of when he was going to let him know that I was initially appointed and I remember the backlash from that appointment process and many people said it was rushed it wasn't Democratic I do believe that appointment can be Democratic because that's part of what is built to the role of the board there a lot of things that we vote on and there are times when we have to vote on the representation so I do think it's part of the democratic process at the same time I would definitely not one Russian for us. If you know someone to serve for 5 months I want to make sure that it's the right person so I feel like maybe a compromise if we are going to remain aboard a for which does not the Democratic to me ironically I would prefer to hold off on as many major decisions as possible so in that window of time until someone is elected we are not taking major action some things related to Personnel or a budget things that we really should have five bodies to deliberate on I remember the appointment last time if somebody came in I was there I Paula may have as well and going through the process like I feel good about going through the process and I end up running in the November election unopposed but I felt really good as someone on the other end of that I have to just say when it was time for the vote I understood it because we heard a lot of voices I think the process was we had about 20-25 applicants and then it was sort of Whittle down kind of like the superintendent process was whittled down to a smaller amount no additional questions and I felt like it was it was done really well even though I did not get appointed we got a wonderful and pointy but just as a perspective of someone who was in part of that appointment process I felt like it was done exceptionally well definitely yes so I think I have a different perspective an appointment and I want to concur with that with the public comment that is with the community is calling for a delay in appointing somebody given the short. Of time and that it is election year and I shouldn't say election-year today is June 7th it's today where OD on the primaries and I'm hoping that I'm hoping that we consider that we need to continue hearing from our community and what our community is stating is that are bored to take a pause and see what what is the best course of action the process for me for the appointment I was it was difficult for me because it was a short. Of time when the pointment When Miss McBride was appointed I did apply and I my application was late because I was I had a board appointment in Sacramento and I had feel like slide back and turned in my application and it was late still I do remember that we had a significant amount of community members and speak and I I think that that's one of the problems with the resolution that I don't see opportunity for us to have Community come and speak and give their public comment we are entering the summer and I do mean summer McBride I mean we're entering summer vacation where people are going to be leaving and departing in an iced tea like this is not very transparent and we're kind of sneaking someone in if we rush this process as is stated in the resolution of getting everything done in June I'm done definitely more open for not appointing anybody at all and letting the Democratic process B Park take president and then I'm would consider a resolution that takes on more participation of Community as Mr long stated that we need to have stakeholder participation we need to have parent participation student participation and teachers in our students and our staff and our parents are going to be gone in the summer and so I think for me this is where I'm at and and I do want to say that this is a very very uncomfortable meeting to be at given that for example right now 8th grade awards are happening while we're discussing such anime he's being such a critical pivotal point for the board and all the middle school or you know it's great awards are are happening right now so I just want us to really take a pause and think about where our community is out and how we continue to 2 we said we're going to be more and we need to continue doing that in every aspect of our of our bodies you know I'm starting from the school board such as the superintendent hiring and so on you know hiring dr. Smith we need to continue to have that participation okay sorry so Masala Missoula and I needed I just have to apologize I tried to give enough notice to the board as possible so we can have the amount of time to discuss this topic so I just submit my resignation recently and that's why this board meeting is happening and I just wanted to just let her go on record and I'm not going to get emotional on this meeting I'll wait till the last minute but Azrael Angel should have briefly discussed I love this this community I love this service to this community unfortunately through my landlord actually I'm renting a townhouse and I'm has decided to raise my rent 58% which is not tenable for me and I did try to something in Culver because that's one of the reasons why we that's one of the conditions of this appointment and I could not do that I'm so I'm moving outside of Culver they did buy that but I just wanted to say just wanted to let people know that I am not walking away from this it's not a decision. I I sort of just out of the blue it's it's something that I cannot help so apologies on that and on that front but I just wanted to let people know as soon as I knew and then I couldn't be here tendered my resignation sample so appreciate that and I was going was planning to make sure that that information opportunity say that I want to speak a little bit about the the resolution of me the options from my perspective my biggest concern about this is that should we go through a process however include and perfect to appoint somebody it will none-the-less inevitably enter into the politics of the election we're very close to the election and for example my understanding is that all four of the other board members have already endorsed at least one candidate what that means is your sort of damned if you do and damned if you don't if if you if that candidate applies and you wind up selecting that candidate then they're going to be people who said say you made up your mind before you ever saw the others if you don't select that candidate there going to be people who say you're not even willing to appoint him why you endorsing if I can't believe doesn't apply then they're going to be people who say well why didn't they apply if it's a no-win there's bound to affect the politics politics should be our concerned but what that means is is going to affect the credibility of the of the board and the school district likewise we would like a longer process to do the appoint been a month I perfectly understand you know the doctor gave us as much notice as she was able to give us and furthermore we would have been required to start doing something about it right away anyway if we were to take longer than a month or so what that means is the appointment would be for an even shorter duration and so we'd be taking somebody brand new into the board learning how to work with that person for a few months and then having an election and having a whole new board Arrangement so this is sort of a no-win situation because I agree that operating with four board members is not ideal but my feeling is that's pretty clearly the least damaging alternative we'll do the best we can to operate with four board members I'm sure I'm sure that if you know if to the vote goes the other way and we appoint somebody I have faith in this board that people you know we would come up with the best process we can do and do the best we can to navigate the waters but my feeling is we're better off taking no action letting the public decide in November who the board members are and living with the fact that that means we're going to have four voices on the board a few months this summer and early fall rather than the 5 that would do a better job and it's 22 what happened I'm sorry if there is a four-person board in there is a 22 boat what is the effect and the fact is there's no action taken and the reason for that is that there is a provision of the Education Code that requires that every governing board take action by a majority of its membership not a majority of those present a majority of those phony but a majority of the membership and so you know but a 22 V wouldn't wouldn't pass that threshold it's clearly not ideal to have before member School Board adjust thing it's not as bad as having the school board in the middle of The Fray for the next several months going into the election you know that but the other Reserve related scenario that the first me is supposed to be for for whatever reason one of the four board members is not able to be present to participate in the meeting 3 of them which would that would be sufficient to take an action but a two-to-one vote there would be no out there also would be no action taken in that scenario so while we have you we have another complication for this meeting although it may not affect anything or Amezola is sick and their first aid of course since you've heard is on Zoom but we weren't able to follow the brown act provisions of allowing somebody free sample to participate from her home if they wanted to because she's not well so can you guide us as to what we are allowed and not allowed to do in these circumstances I sure so unfortunately I don't think that there would a wafer board member a Missoula to vote in this particular meeting reason being it as board president mentioned the brown act does require to the traditional pre-pandemic right back if you well with your still in effect rules were and remain that board members May participate telephonically but in order for them to do so in order for them for board members to vote telephonically it would have been included in the electronic music on Zoom the location from which the board members participating must be posted on the agenda and the location from which the board members participating must be open to the public which is not the case for for the agenda that we have this evening so boring around Missoula unfortunately kin might have that would not be able boat under those those rules now the as board members over call there was a change in the law to allow for virtual board meetings you know in the pandemic by executive order than that there was a statue a lot of statutes but in order for the under under the revised provisions of the brown actual our virtual meeting there is a requirement to makes her findings and to renew those findings with you know every 30 days did that that is a consideration of those findings is not on the agenda for this meeting so I would not advise is the board to make the findings it would be necessary to resume virtual meetings at this at this particular meeting that could be taken up a meeting but it's not on the agenda for this meeting so I think it's a moot point anyway because Amazon indicated her preference for not passing the resolution I just wanted to make sure we were clear on what we have as of June 6th 14394. A+ covid cases occurred in LA county and I am given the situation that were discussing today that the board may be functioning with four board members I believe that we should be considering the solution again and reinstating it until the end of until the fifth board member comes on we need to be I understand dr. Levin we were not emergency however we are still very much an dependent and I don't think we can discuss it down cuz it's not on the agenda but on the agenda for the next meeting sounds fine to me why don't we can discuss that at 6 to if we don't appoint someone so strongly that we need to develop a system so that we can continue to do our job and it is done in the most democratic way with a four-person board because it's not the summer months that concern me it's when we return in the fall not knowing what to expect concerning any number of things Safety and Security the covid-19 and we will be responsible for bringing back all of the students and staff on the campus and make some really tough decisions and we can't afford to have really important votes died because we're split so my suggestion would be and I agree with you that that makes sense that my suggestion would be we both down this resolution and we put on the next board meeting and probably the following board meetings for several to come I just got how are we going to operate with for board members and we it would be great to have those discussions while. Can we keep him still on the board get her input and we can just take the the heart and you know spend our time on it so that by the time we're operating with four board members we've walked around it kicked the tires thought about all the things that can go wrong and all the things we need to do differently does that mean since you may I add to that that we invite dr. Gorman to facilitate those conversations brief as they need to be or lengthy as they need to be so that we can get some of that expertise on how people might go about navigating such a situation I think this would fall in her one we talked about that at the first one of those meetings right okay are we ready to vote on this all those in favor say aye all those opposed say nay nay so that's one eye and 3 days most doesn't pass I think that's our entire agenda when we double-check boat repair and because it would be a split vote I decided to vote against it I don't want to do that again I want to point out nobody here is saying this is a easy straightforward decision you have to do it this way and that it's wrong to participate I think it's just a difficult situation and we did the best we can and it's not surprising that you know by smart people of different opinions I think it's important to just be really a what we may be getting ourselves into we have had several split bowls over the past year or 12 degrees more so than in my first two years on the board so this may become more reality than we are acted to be and I just want us to really be mindful of that okay can I add two boots with Jordan but we do I just want to finalize these plants we talked about about the meeting so is it correct that we're going to adjourn and then talk about you for me well I think my understanding of our process is the superintendent in the board president can put things on the agenda without needing a motor I think if there's something you want to discuss the needs to go on the agenda that we haven't already talked about where you want to make sure how it goes on the agenda you could do that now or after the adjournment I just always like to State it back one and so I'm just hearing that we want the Resolute the meeting resolution meaning the hybrid or not hybrid meeting resolution to come back and that we want us agenda item on how we will function as a poor person body part is the state of emergency that we want to bring back discuss initial wording would be the exact same wording we've used in the past and then one of the things we can discuss this with her there's any change needed in the wording right now so like if there are boards that I've been in same situation and they've had to function with an even number for. Of time if we can have some input on the I don't know if I actually doing the pandemic there was a great deal members of the board unable to function because of the pandemic and they were at home and in places they were out for months into the war we just hit the best the board could have done in many many jurisdiction mean board across the whole state if not the whole country but just the fact that some time we we were at the earlier part of our about pandemic there's there's no way for board members to participate without creating race other members of the community so we just have to do the best we can we just have to do the best we can with the four-member board who will look into what those practices were by some of those other boards meetings over

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