Palos Verdes Peninsula
Exhibit E 9323.2 Board Bylaws
Actions By The Board ACTIONS REQUIRING MORE THAN A MAJORITY VOTE
Note: The following exhibit lists some of the Board of Education actions that require more than a majority vote. Other such actions may exist and may be identified in the future.
Actions Requiring a Super Majority Vote of the Board: (4 out of 5)
1. Resolution declaring intention to sell or lease real property (Education Code 17466)
(cf. 3280 - Sale, Lease and Rental of District-Owned Real Property)
2. Resolution declaring intent of Board to convey or dedicate property to the state or any political subdivision for the purposes specified in Education Code 17556 (Education Code 17557)
3. Resolution authorizing and directing the Board president to execute a deed of dedication or conveyance of property to the state or a political subdivision (Education Code 17559)
4. Lease for up to three months of school property which has a residence on it and which cannot be developed for district purposes because funds are unavailable (Education Code 17481)
Note: Although a two-thirds vote and the approval of the county auditor and treasurer are required for temporary borrowing before receipt of fiscal income under Government Code 53820-53833, only a majority vote of the Board is required for temporary borrowing pursuant to Government Code 53850-53858.
5. Temporary borrowing before receipt of fiscal income, if implemented pursuant to Government Code 53820-53833 (Government Code 53821)
6. Ordering city or county zoning ordinances inapplicable to a proposed use of the property by the district (Government Code 53094)
(cf. 7131 - Relations with Local Agencies) (cf. 7150 - Site Selection and Development)
7. Resolution to transfer excess local funds from a deferred maintenance fund when state funds are insufficient to match local funds being held in the deferred maintenance fund (Education Code 17582, 17583)
Note: Items #8-#10 below are for use by districts with a community day school. Pursuant to Education Code 48661, as amended by AB 1600 (Ch. 646, Statutes of 1999), community day schools may be situated on the same site as an elementary, middle, junior high, senior high, opportunity or continuation school only when the Board, by a two-thirds vote, makes the certifications as specified below.
8. For districts with an ADA of 2,500 or less seeking to add a community day school on an existing school site, certification that satisfactory alternative facilities are not available for a community day school (Education Code 48661)
9. For K-8 districts (and no higher) seeking to add a community day school on an existing school site, certification that satisfactory alternative facilities are not available for a community day school (Education Code 48661)
10. For districts desiring to operate a community day school on an existing school site to serve grades K-6 (and no higher), certification that satisfactory alternative facilities are not available for a community day school (Education Code 48661)
(cf. 6185 - Community Day School)
11. The expenditure and transfer of necessary funds and use of district property or personnel to meet a national or local emergency created by war, military, naval or air attack or sabotage, or to provide for adequate national or local defense (Government Code 53790-53792)
(cf. 3110 - Transfer of Funds)
12. Adoption of a resolution, between July 15 and August 30, to borrow funds of up to 25% of the estimated income and revenue to be received by the district during the fiscal year from apportionments based on ADA for the preceding year (Government Code 53822-53824)
Actions Requiring a Unanimous Vote of the Board:
1. Resolution authorizing and prescribing the terms of a community lease for extraction of gas (Education Code 17510-17511)
Note: Public Contract Code 20113 specifies conditions under which the Board may waive the competitive bid process as detailed in Public Contract Code 20111.
2. Waiver of the competitive bid process when the Board determines that an emergency exists (Public Contract Code 20113)
(cf. 3311 - Bids)
Actions Requiring a Unanimous Vote of the Board Members Present at the Meeting:
1. Private sale of surplus property without advertisement in order to establish that such property is not worth more than $2,500. Disposal of surplus property in the local dump or donation to a charitable organization requires the unanimous vote of the Board members present to establish that the value of such property would not defray the cost of its sale. (Education Code 17546)
(cf. 3270 - Sale and Disposal of Books, Equipment and Supplies)
Actions Requiring a Two-Thirds Vote of the Board Members Present at the Meeting:
1. That the need to take immediate action came to the district's attention after the posting of the agenda. If less than two-thirds of the members are present at the meeting, a unanimous vote of all members present is required. (Government Code 54954.2)
Exhibit PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT version: December 11, 2000 Palos Verdes Estates, California |