By Mitch Lehman
San Marino Tribune
The San Marino Unified School District Board of Education held a special meeting last Thursday at the Huntington Library.
The strategic planning session was held with the assistance of Jon Pearl, an attorney who works with the district and advises the board on matters pertaining to the Brown Act, which is California’s law requiring local government business to be conducted at open and public meetings, except in special situations.
“There are new provisions,” said Pearl, who mentioned that there are also new regulations to requests for electronic information under the California Public Records Act.
“The Brown Act upholds the power of the people,” said Pearl. “There are significant limitations of what can and can’t be done. It’s difficult, but the board does the best they can to comply. The Brown Act is about self-
discipline. The Brown Act is about the collective authority of the board.”
Pearl mentioned that any committees that the board appoints are also subject to the Brown Act.
“If the board establishes a committee, it is subject to the Brown Act,” Pearl said, adding that two board members should be on each committee that are selected by the board.
Pearl also advised the board that a “meeting” can be as simple as a couple of people chatting about some board action.
“What is a meeting?” Pearl asked. “Any congregation of a majority of the board at the same time and place. There need not be action taken or planned for a meeting to occur.”
Pearl then bought up the complicated and fluid subject of social media use by school board members.
The Brown Act allows for school board members to answer questions and provide information online “from the public, but there can be no discussion among board members,” Pearl said.
Board members may use social media but may not directly respond to any communication from other board members.
The board also asked Pearl how much ability, if any, members have to limit complaints from the public.
“The public has a right to complain,” said Pearl. “They cannot threaten you, but I always say ‘just take it.’ … You have to have a high tolerance.”
