Sweetwater Union High School District. Board Meeting January 30, 2012

Transcription

1 Sweetwater Union High School District Board Meeting January 30, 2012

2 Payment of Attorney Fees is Discretionary Each Board member has the discretion to vote for or against providing funds for the criminal defense of those former and current board members when a request has been made. (Gov. Code )

3 Government Code Applies to Board Members and Employees Gov. Code provides that a public entity may provide a current or former employee with a defense for acts done in the course of employment. Gov. Code also applies to board members. The state of California will defend an action brought against a board member as well as an employee of the board in either the state and federal courts for acts done in the course of employment... (57 Op.Atty.Gen. 358.)

4 All Persons Are Presumed Innocent Fundamental justice requires that all persons are presumed innocent until proven guilty. The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law. (Coffin v. United States (1895) 156 U.S. 432, 453.)

5 Role of the Board The Board of Trustees 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. (Board Bylaw 9000(a).) The Board s major responsibilities include: Setting the direction for the District. Establishing an effective and efficient organizational structure for the District, including overseeing the development and adoption of policies, establishing budget priorities, providing safe and adequate facilities that support the District's instructional program. Making decisions and providing resources that support District priorities and goals. Ensuring accountability to the public for the performance of the District's schools. Providing community leadership and advocacy on behalf of students. The Board is authorized to establish and finance any program or activity that is not in conflict with, inconsistent with, or preempted by law. (Ed. Code )

6 Standard for Decision (Gov. Code 995.8) In order to approve a request provide funds for a criminal defense, the voting board members must find: The proceedings were initiated because of matters involving a board member acting in his/her duties as a board member; and Funding the defense would be in the best interests of the District; and The requesting board member actions were: In good faith Without actual malice; and In the apparent interests of the District.

7 Good Faith A person acts in good faith when he/she acts fairly, without fraud or deceit, and with a sincere belief that the accomplishment intended is not unlawful or harmful to another. Good faith is also found where the person acts: Without an improper motive Without a negligent disregard of the rights of others. In honest and reasonable belief that the act is rightful.

8 Scope of Employment Scope of employment refers to actions taken by the board member in his/her capacity as a board member for the District. It includes: Actions by the board member in the course of service, pursuit or transaction of the District s business as well as actions taken in furtherance of the District s interests. Actions that are of some benefit to the District and not personal to the board member. Actions taken by the board member that he/she was requested to take by the District.

9 What Should and Should Not be Considered in Making Each Decision This Board meeting is not to determine the merits of the criminal allegations/charges against each requesting person. This meeting is to allow the Board, pursuant to Gov. Code 995.8, to vote for or against providing funding for the defense of the criminal allegations.

10 Voting For or Against Payment Can Be Revisited by the Board at Any Time No contract The Board s action, voting for or against payment, can be changed by subsequent Board action for any reason at any time. Restrictions on payments If the Board votes to provide funding, there is no binding obligation on the District to provide funding indefinitely. The Board may require a board member to agree to a conditional grant of funds. The Board may impose conditions on a grant of funds.

11 Voting All Actions Require A Majority Vote. Three votes are required for the Board to act. (Ed. Code 35166; Board Bylaw 9323(a).) The board member whose request is being discussed must recuse himself/herself from the discussion and vote on the agenda item. Recusal The disqualification of a board member from a particular discussion and/or vote due to a conflict of interest. A recused board member does not vote and the recused vote is not counted. Abstention The voluntary withholding of a board member s participation in a particular discussion and/or vote where the abstaining board member has no conflict of interest. When a board member abtains, if there is no majority vote, the abstention shall count as a yes vote, and will result in the passage of the issue. (Board Bylaw 9323(a).)