In a city that prides itself on access to government and open public meetings, school board President Phil Kim’s recent actions in the opposite direction are surprising. Following multiple decisions that conflict with standard meeting rules, the board’s own approved policies, and California’s Ralph M. Brown Act, President Kim is introducing new rules at the Sept. 9 board meeting that give him more authority and discretion over the elected commissioners and weaken the requirement that the board president will follow board rules and procedures.
Ironically, the Kim proposal emanates from the board’s recent Sunday 9 a.m. meeting on good governance that itself conflicted with the board’s existing open meeting rules. The board announced its Sunday morning meeting late the previous Friday afternoon despite its own rule that states that “the board will, where possible, provide 72 hours notice.”
The meeting had been planned well in advance. At the meeting, the board’s General Counsel Manuel Martinez advised that the board could disregard its rule and continue the meeting because it met a separate 24-hour state law notice requirement. Seemingly ignored was another board rule requiring the board to “govern within board-adopted policies and procedures.”
The late agenda assured the public that the meeting was for “discussion” and that “No Action Be Taken.” Despite that assurance, General Counsel Martinez also triggered a potential conflict with the state’s Brown Act by leading a discussion, along with President Kim, that produced a consensus among board members about changing its governing rules. The Brown Act describes this as an “action taken”, even if it is tentative and not final. The agenda provided no notice that these activities would occur and the board provided no opportunity for the few members of the public present to comment on the proposed actions.
Especially at a time when the Trump administration tramples over the rule of law at the federal level, and an absent Congress fails to oversee the executive, faithfully carrying out governance rules for public access and accountability is more important than ever.
Especially at a time when the Trump administration tramples over the rule of law at the federal level, and an absent Congress fails to oversee the executive, faithfully carrying out governance rules for public access and accountability is more important than ever. San Francisco clearly articulated appreciation of and commitment to open government when it passed, 58–42 percent, the Sunshine Ordinance in 1999. The Sunshine Ordinance recognizes that “the right of the people to know what their government and those acting on behalf of their government are doing is fundamental to democracy.” Whether or not the city ordinance’s requirements apply to the school board — the board is in Article VIII of the City Charter — the ordinance expresses the governance values of city voters, the same ones who elect school board members.
In recent weeks, President Kim limited board discussion of the legality and wisdom of purchasing a new ethnic studies curriculum and described his effort — with the assistance of General Counsel Martinez — as a motion to approve the purchase. After later being challenged on the action, President Kim ordered a “revote” which passed at a subsequent board meeting. However, according to the upcoming Sept. 9 meeting agenda, President Kim will insist that the official minutes declare that the purchase was approved at the first meeting. If he is successful, this will record Commissioner Parag Gupta as being against the ethnic studies curriculum, a position he has explained he did not take. Like following governing rules, accurate descriptions in minutes and agendas matter.
President Kim’s solution to his and the general counsel’s difficulties with Robert’s Rules of Order — the internationally known and followed set of meeting rules — is to abandon them. According to the Sept. 9 meeting draft agenda, President Kim will propose removing Robert’s Rules and replacing them with a more limited set of rules designed for efficient school board meetings. Long Beach Unified, a school district the board often cites as a model, also has its own local rules but retains Robert’s Rules to address complicated matters. Parliamentary rules experts also recommend doing so to reduce the potential for arbitrary decisions by a board president. In addition, the Kim proposal replaces existing requirements the rules place upon the board president (e.g., “The President shall conduct board meetings in accordance with Board rules and procedures. …) with “should”, a standard much easier to comply with or avoid.
President Kim has announced he is enforcing a board rule that limits a commissioner’s questions and comments to just three minutes before he calls for a vote even if a majority of the board disagrees. In the name of simplicity and efficiency, the Kim proposal also reduces the types of motions that commissioners can make. Some commissioners are reserving judgment on the Kim proposal.
The school district continues to face both a budget crisis and challenges to improve student outcomes, retain educators and improve attendance. Success depends on public participation and trust. Ignoring existing rules that promote public participation and awareness and imposing rules that restrict full debate in the name of “efficiency” will not make the path forward any easier.
