(On Closed Session Agenda Items Only)
Discussion:
When authorized by law and selected and approved by the Board of Education, the governing board can make a provisional appointment to fill a vacancy, the Board shall interview the candidates at a public meeting, accept oral or written public input, and select the provisional appointee by a majority vote.
*The Brown Act requires that agendas for special meetings provide an opportunity for members of the public to address the body concerning any item listed on the agenda prior to the body's consideration of that item (Section 54954.3). Unlike regular meetings, in a special meeting the body does not have to allow public comment on any non-agenda matter.
You may participate in the meeting by submitting your written comment in lieu of providing a public comment on the Special Board Meeting topic only via email to sfehlman@conejousd.org. To give the District adequate time to provide your comments to the Board of Education, please submit your comments prior to 2:00 p.m. on the day of the meeting (Wednesday, July 14, 2021). Board members will review these written comments prior to the Board meeting.
In addition to the written comment opportunities described above, the District will also permit members of the public to address the Board through the following options:
-Via telephone. If you would like to speak on the Special Board Meeting agenda item, please advise the District by submitting your request to speak via email to sfehlman@conejousd.org or by calling the Superintendent's Office at (805) 497-9511, extension 1101, by no later than 5:00 p.m. the day before the meeting (Tuesday, July 13, 2021). Members of the public will be required to provide the District with the telephone number where they can be reached to address the Governing Board when the item is being discussed during the Governing Board special meeting.
-In person. If you would like to speak on the Special Board Meeting agenda item in person, please complete a speaker card (blue) and hand it to the recording secretary prior to the start of that agenda item. The information on the speaker cards will assist the Board President in conducting the meeting and is needed for the official minutes. The information on the cards will become public record.
When participating via teleconference, please remember that you are participating in an official meeting of the District's Governing Board. Disruptive individuals will be disconnected.
If you wish to register your opinion on the Special Board Meeting topic but not speak, please fill out a public written statement form (yellow) and hand it to the recording secretary. Board members will review these forms following the meeting.
ISSUE:
Should the Board of Education consider and approve the method by which the board member vacancy should be filled - either by special election or provisional appointment?
INFORMATION:
Former Board President, Jenny Fitzgerald resigned from the Board of Education effective Wednesday, June 30, 2021. She did so by submitting her letter of resignation, as called for, to the Ventura County Superintendent of Schools on Friday, June 25, 2021.
The first action the Board of Education must take is to select whether to call for a special election or make a provisional appointment. Education Code section 5030 allows incumbent board members to serve the remainder of their term after a transition to trustee area elections but further provides that “succeeding board members shall be nominated and/or elected” in accordance with the newly adopted election method. In this case, Ms. Fitzgerald’s seat was elected as “at-large,” but the District has since moved to trustee areas. Accordingly, and as recommended by legal counsel from two separate firms, the District will fill the vacancy with an eligible candidate from within the appropriate trustee area.
FISCAL IMPACT:
If the Board calls for a special election, or one is called in response to a petition, the costs must be paid out of District funds. The superintendent's office reached out to the Registrar of Voters On Monday, June 28, 2021. The estimate for a Trustee Area 2 election is $135,000 plus legal publication costs. The total amount is subject to change and could increase or decrease the cost, once the election has been submitted.
Respectfully submitted,
Mark W. McLaughlin, Ed.D.
Superintendent
Prepared by,
Mark W. McLaughlin, Ed.D.
Superintendent
ISSUE:
Should the Board of Education select to move forward with a provisional appointment by approving Resolution #21/22-01: Provisional Appointment to the Governing Board of the Conejo Valley Unified School District?
INFORMATION:
Based on the Education Code, the Conejo Valley Unified School District Board of Education will have 60 days to make a provisional appointment to fill the position for the remainder of former Board President Fitzgerald's term of office (until December 2022).
This proposed resolution is to be considered by the Board during the Special Board Meeting on July 14, 2021, at 6:00 p.m. This resolution calls for the Board to fill the vacancy of former Board President Fitzgerald by a provisional appointment pursuant to Education Code Sections 5091 (Vacancies) and 5030 (Elections).
Respectfully submitted,
Mark W. McLaughlin, Ed.D.
Superintendent
Prepared by,
Mark W. McLaughlin, Ed.D.
Superintendent
MWM:sf
ISSUE:
Should the Board of Education approve Resolution #21/22-01: Provisional Appointment to the Governing Board of the Conejo Valley Unified School District - Board Vacancy Application Form/Packet and Timeline, as submitted?
INFORMATION:
Current considerations: Discussion of timeline and procedures to fill the vacancy on the Board of Education, including the Board Vacancy Form/Application Form and proposed dates for the provisional appointment process, which sets forth the procedures to be followed to fill the vacancy and choose a provisional appointment.
The Board may fill the vacancy through the process outlined herein. If the Board chooses not to utilize this selection process, it must either appoint an individual by taking action at a regular or special meeting or call for a special election to fill the vacancy. The attached documents, Board Vacancy Form/Application and Timeline for the procedural steps for making the provisional appointment. The documents also include the application form/packet and the timeline for the appointment process.
Respectfully submitted,
Mark W. McLaughlin, Ed.D.
Superintendent
Prepared by,
Mark W. McLaughlin, Ed.D.
Superintendent
MWM:sf
ISSUE:
Should the Board of Education select to make a provisional appointment to fill the Board Member vacancy and select two members from the Board of Education to sit on a special committee to review that candidates meet the appropriate qualifications?
INFORMATION:
In order to make a provisional appointment, a sub-committee of the Board of Education of less than a quorum (two sitting board members) must be appointed to review applications to ensure legal eligibility to hold a seat on the Board of Education.
FISCAL IMPACT:
None.
Respectfully submitted,
Mark W. McLaughlin, Ed.D.
Superintendent
Prepared by,
Mark W. McLaughlin, Ed.D.
Superintendent
MWM:sf
ISSUE:
Should the Board of Education approve a protocol to interview candidates, solicit and/or generate candidate interview questions, and develop criteria/rubric to evaluate candidates after the interviews are complete?
INFORMATION:
When authorized by law and action taken by the Board of Education to make a provisional appointment to fill a vacancy on the Board, the Board shall interview the candidates at a public meeting, accept oral or written public input, and select the provisional appointee by a majority vote. It is important to note that discussions of potential Board Member(s) may not be held in closed session. The California Attorney General ruled that local office holders, whether elected or appointed, are excluded from the "personnel exception” (Government Code §54957) to the open meeting requirements of the Brown Act (Government Code §54950 et seq.).
Interview protocol that should be considered by the Board of Education:
FISCAL IMPACT:
None
Respectfully submitted,
Mark W. McLaughlin, Ed.D.
Superintendent
Prepared by,
Mark W. McLaughlin, Ed.D.
Superintendent
FUTURE BOARD MEETINGS
August 10, 2021
5:00 p.m. Closed Session
6:00 p.m. Open Session
Location: Conejo Valley High School (CVUSD Board Room), 1402 E. Janss Road, Thousand Oaks
For a copy of this agenda and additional information, please visit the CVUSD website.
Internet Home Page: www.conejousd.org/
Americans with Disabilities Act (ADA)
In compliance with the ADA, if you need special assistance, including assisted listening devices, to participate in this meeting or other services in conjunction with this meeting, please contact the Superintendent’s Office at (805) 497-9511 ext. 1101. Upon request, the agenda and documents in this agenda packet can be made available in appropriate alternative formats to persons with a disability. Notification at least 48 hours prior to the meeting or time when services are needed will assist our staff in assuring reasonable arrangements can be made to provide accessibility to the meeting or service.