San Jose City College community questions whether Board of Trustees violated state’s open meeting law

Concerned citizens in the City College community questioned whether the San Jose City College Board of Trustees allowed the public a chance to give their input on a salary increase hastily passed in an emergency meeting that some say was not announced 72 hours in advance -db

City College Times
Commentary
May 12, 2010
By Charles Becker

An emergency closed meeting held by the Board of Trustees on April 21 to discuss a salary increase in the midst of a budget crisis appears to be a violation of the Brown Act.

The meeting broke three rules:

An agenda was not posted 72 hours in advance;
The topic did not meet criteria of an emergency meeting;

Spectators were not permitted to address their concerns before the meeting was adjourned.

“Shame on the Board of Trustees again for attempting to push through (24 hour notice) contract extensions and raises for the vice presidents of both colleges,” said Ron Thompson, senior network tech at Evergreen Community College. “Sure, they are willing to give them raises just before the classified layoffs start this month because we don’t have enough money.”

Thompson is an employee who has volunteered to retire this year to help save the jobs of his peers because of budget cuts.

The rushed meeting of April 21 violates section 54954 of the Brown Act. Any public meeting whether it is an Associated Students, Board of Trustees or other committees in any community in the state of California requires the agenda to be published 72 hours prior to the time of the meeting in an accessible area.

“It’s not fair to have the information sessions with emergency meetings because it’s not publicly announced 72 hours ahead of time,” said Merylee Shelton, a communication studies instructor at SJCC.

Only certain subjects can be covered in closed session, because the public should have access to all information except personnel issues, such as hiring, firing and the negotiation of wages. Theoretical personnel issues, such as the extension of a contract for a general position, such as the vice president of academic affairs ought to be held in public, Shelton said.

Many are disappointed with the board’s ability to communicate a genuine need for emergency meetings.

“The board needs to explain its decisions and actions completely, openly in these matters and all other pending before this district to the district community,” wrote Henry Gee, EVC academic senate president in e-mail.

It is understandable that some matters may require urgent consideration, but section 54956.5 of the Brown Act states emergency meetings can only be held if it concerns “public safety” or a “natural disaster.”

“Even if it’s unpleasant, the board should put it on a public agenda,” said Interim President Doug Treadway.

“We just do not know what are the circumstances,” Thompson said that the board did not allowing spectators to comment at the end of the April 21 closed meeting.

This was an abuse of section 54954.3 of the Brown Act, “Spectator’s Opportunity to Address the Body.”

“While the Board may be able to act in closed session, it was not open in allowing public discussion on contract extensions and salary increases,” Gee wrote. “These items would be scheduled for a regular board meeting where there would be preparation and prior discussion among the various groups for that meeting in the open session.”

“It seems that the Board was pushing these matters through quickly,” Gee added, “without discussion or involvement of campus groups.”

It is unclear what action should be taken, but some have offered suggestions.

Acting Chancellor Jeanine Hawk wrote in e-mail “the board is fully aware of the restrictions of the Brown Act.”

Some faculty feel it has violated the Brown Act.

“When an elected official fails to obey the law, especially the Brown Act,” Shelton said, “then interested parties have the right to insist the laws be applied.”

The Times staff attempted to contact board member Ron Lind who has not responded for comment.

Copyright 2010 San José City College