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[00:00:02]

THIS MEETING IS CALLED TO ORDER. ROLL CALL. VOTE.

[1.01 Roll Call]

BOARD PRESIDENT MARIANA PACHECO. PRESENT. BOARD VICE PRESIDENT.

DOCTOR. DON GREEN. PRESENT. BOARD CLERK. ZURICH LEWIS WILL BE ARRIVING SHORTLY.

TRUSTEE JAMES CODY. BIRKEY PRESENT. TRUSTEE. DOCTOR.

SHIN LIU HERE. TRUSTEE. MARIANA RIOS WILL BE JOINING MOMENTARILY.

TRUSTEE. DOCTOR. SANDRA SALAZAR STUDENT TRUSTEE.

GUSTAVO SANCHEZ. PRESIDENT AND PRESIDENT. SUPERINTENDENT.

FIERRO. PRESIDENT. AND FOR THE PLEDGE OF ALLEGIANCE.

[1.02 Pledge of Allegiance]

CAN I HAVE JAMES CODY BIRKEY, PLEASE LEAD US IN THE PLEDGE.

PLEASE RISE. PLACE YOUR RIGHT HAND OVER YOUR HEART.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.

AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

PLEASE BE SEATED. ITEM 1.03. IN ITEM

[1.03 Agenda Organization]

1.03, THE BOARD OF TRUSTEES WILL DISCUSS ANY CHANGES IN ORDER IN ORDER OF THE AGENDA ITEMS PER POLICY, TO 2340. THE ORDER OF BUSINESS MAY BE CHANGED BY CONSENT OF THE BOARD OF TRUSTEES.

IT HAS BEEN BROUGHT. IT HAS COME TO THE BOARD'S ATTENTION THAT THERE IS A NEED FOR IMMEDIATE ACTION REGARDING AN ISSUE THAT CAME TO THE ATTENTION OF THE COLLEGE SUBSEQUENT TO THE AGENDA BEING POSTED. I WOULD LIKE TO ASK THE BOARD APPROVAL OF THE ADDING THE ADDING OF THE FOLLOWING ITEM IN ITEM 1.04. CONSIDERATION OF APPROVAL FOR TRUSTEE MARIANA RIOS TO PARTICIPATE REMOTELY REMOTELY IN THE NOVEMBER 5TH BOARD MEETING, IN ACCORDANCE WITH AB 2449 BROWN ACT PROVISIONS FOR JUST CAUSE OR EMERGENCY CIRCUMSTANCES. THAT'S THE ANYONE ELSE WOULD LIKE TO DO ANY AGENDA OR I CONSENT TO THAT UPDATE MOTION. I THOUGHT IT WAS JUST A CONSENT.

OKAY. OKAY. SO NOW WE'RE GOING TO MOVE ON TO ITEM 1.04 TO ADD THE ITEM.

OH, COULD I PLEASE HAVE A VOTE TO ADD THE ITEM? DO YOU NEED A SECOND. SECOND. OKAY. ALL THOSE IN FAVOR? AYE. ANY OPPOSED? OKAY. ITEM PASSES. SO THE ITEM 1.04 HAS BEEN ADDED.

[1.04 EMERGENCY ITEM: Consideration of Approval for Trustee Mariana Rios to Participate Remotely in the November 5 Board Meeting in Accordance with AB 2449 Brown Act Provisions for Just Cause or Emergency Circumstances]

EMERGENCY ITEM CONSIDERATION OF APPROVAL FOR TRUSTEE MARIANA MARIANA RIOS TO PARTICIPATE REMOTELY IN THE NOVEMBER 5TH BOARD MEETING, IN ACCORDANCE WITH AB 449. BOARD. BROWN ACT PROVISION FOR JUST CAUSE OR EMERGENCY CIRCUMSTANCES.

COULD I HAVE A VOTE? MOTION TO. COULD I GET A MOTION? WE HAVE A SECOND. OH, SECOND. ALL THOSE IN FAVOR? ANY OPPOSED? OKAY. ITEM PASSES. SO NOW WE CAN ADD MARIANNE RIOS TO TO BE ABLE TO BE ON AND VOTE ON THE FOLLOWING ITEMS REMOTELY. SO WE WILL BE ADDING HER ON RIGHT NOW.

SHE'S READY. SHE'S SHE'S SHE'S IN. OKAY. SO NOW WE'RE GOING TO MOVE ON TO ITEM 1.05 COMMENTS FROM THE AUDIENCE. DO WE HAVE ANY COMMENTS FROM THE AUDIENCE? SEEING NONE WE'RE GOING TO MOVE ON TO ITEM 1.06 REPORTS AND COMMENTS FROM THE CONSTITUENTS.

[1.06 Reports and Comments from Constituent Groups]

COULD DOCTOR. BILL. DOCTOR. WILLIAM. I'M CHANGING YOUR NAME.

DOCTOR. WILL. ON THE CALENDAR TONIGHT IS VOTE TO APPROVE OUR CONTRACT.

REOPENER. IT WAS RATIFIED OVERWHELMINGLY BY OUR MEMBERS, AND I'D ENCOURAGE YOU TO VOTE.

YES. THANK YOU. FACULTY SENATE PRESIDENT TERRENCE.

NO REPORT. OKAY. AND DO WE HAVE THERE'S ONE I DON'T.

RHONDA LOPEZ. IS SHE HERE? OKAY. SEEING. SHE'S NOT PRESENT.

WE'RE GOING TO GO AHEAD AND MOVE ON. NOW WE'RE ON TO CONSENT ITEMS.

[2. Consent Items - Office of Academic Affairs]

[3. Consent Items - Office of Business Services]

[4. Consent Items - Office of Human Resources]

2.01 TO TO 3.03.01 TO ALL THE WAY TO CONSENT. ITEM 4.12. DOES ANYONE WANT TO PULL ANY OF THE FOLLOWING ITEMS FROM

[00:05:09]

THE AGENDA? NOT TONIGHT. SEEING NONE, COULD I GET A MOTION FOR APPROVAL? MOTION TO APPROVE. CONSENT ITEM. SECOND. ALL THOSE IN FAVOR? OH. SORRY. WE NEED A ROLL CALL VOTE. SO COULD I HAVE A ROLL CALL? VOTE? OKAY, BEFORE I BEGIN THE VOTE, WE HAVE TRUSTEE RIOS JOINING US VIRTUALLY. TRUSTEE RIOS, MAY I ASK, ARE THERE ANY OTHER INDIVIDUALS 18 YEARS OF AGE OR OLDER WHO ARE PRESENT IN THE ROOM, AND WHAT IS THE GENERAL NATURE OF THE MEMBERS RELATIONSHIP? NO, THANK YOU VERY MUCH. YEAH. IT'S MUTE.

NO SHE'S NOT. MARIANA WASN'T, WHICH IS WHAT IT SAYS.

YEAH, IT SAYS, FROM WHAT I CAN SEE, SHE'S ON MUTE.

CAN YOU. OH, NOW SHE'S UNMUTED. COULD YOU REPEAT YOUR ANSWER? YES. THANK YOU. THANK YOU. I CAN HEAR YOU. AND I CAN ANSWER.

YEAH. I WAS WE WERE CHECKING OUR VOLUME. WE COULDN'T HEAR YOU.

WE WERE THE ONES. IT WAS US, NOT YOU. ALL RIGHT.

ARE YOU READY? OKAY. STUDENT TRUSTEE. SANCHEZ I TRUSTEE BIRKEY TRUSTEE GREEN.

A TRUSTEE LEWIS IS ABSENT. TRUSTEE LU I TRUSTEE PACHECO A TRUSTEE RIOS A AND TRUSTEE SALAZAR.

THE MOTION PASSES. OKAY, SO NOW WE'RE GOING TO MOVE ON TO ITEM 5.01, COLLEGE COORDINATING

[5.01 College Coordinating Committee Minutes: September 15, 2025 and October 6, 2025]

COMMITTEE MINUTES. AND THIS IS JUST FOR FILING.

CORRECT. SO ITEM .0501 FILED AND RECEIVED.

NOW WE'RE GOING TO MOVE ON TO ITEM 6.01, CONSIDERATION OF APPROVAL OF THE STUDENT EQUITY AND ACHIEVEMENT PROGRAM 2025

[6.01 Consideration of Approval of the Student Equity and Achievement Program: 2025-2028 Student Equity Plan]

2028 STUDENT EQUITY PLAN.

OKAY. THANK YOU VERY MUCH. STUDENT EQUITY PLAN IS DEVELOPED EVERY THREE YEARS ACCORDING TO THE STATE REQUIREMENTS, AND WITH EACH CYCLE, THE STATE PROVIDES US UPDATED GUIDANCE ON THE PLAN STRUCTURE AND THE IDENTIFICATION OF AT RISK POPULATIONS FOR THE CURRENT CYCLE.

THE STATE ANALYZED DATA FROM THE 2002 TO 2003 ACADEMIC YEAR AND IDENTIFIED KEY POPULATIONS ACROSS FIVE CRITICAL AREAS, AND RECOGNIZING THAT THIS DATA IS TWO YEARS OLD AND THAT CERTAIN GAPS HAVE BEEN CLOSED.

IN THE MEANTIME, WE'VE EXPANDED OUR ANALYSIS TO CONSIDER BROADER TRENDS AND SYSTEMIC SOLUTIONS.

FOR EXAMPLE, WE'RE LOOKING AT FIRST GENERATION STUDENTS THAT ARE REPRESENTED IN MULTIPLE AREAS, AND WE EXAMINE THE PROCESS IMPROVEMENTS AIMED AT MITIGATING ANY POTENTIAL KNOWLEDGE GAPS FOR THESE STUDENTS.

SO THIS EVENING, WE'RE GOING TO PRESENT THE COLLECTIVE EFFORTS OF VARIOUS COMMITTEES AND TASK FORCE AND INDIVIDUALS.

AND OVER THE PAST YEAR, STAKEHOLDERS HAVE SYSTEMATICALLY REVIEWED DATA GENERATED SOLUTIONS AND SELECTED EVIDENCE BASED PRACTICES DESIGNED TO ADVANCE THE CAMPUS COMMUNITY. AND DOCTOR LOUIE AMADOR, OUR DEAN OF STUDENT EQUITY AND SUCCESS, IS NOW GOING TO OUTLINE THE TOP TWO STRATEGIES IDENTIFIED FOR EACH OF THE FIVE MOMENTUM POINTS. THANK YOU, DOCTOR BRAMMER. GOOD EVENING TRUSTEES.

PRESIDENT PIERRO. SO IN THE UPCOMING SLIDES, YOU'LL GET AN OPPORTUNITY TO SEE JUST A SAMPLE OF THE VARIOUS STRATEGIES AND INTERVENTIONS THAT WE ARE PROPOSING TO IMPLEMENT AS PART OF THE PLAN TO ADDRESS SUCCESSFUL ENROLLMENT. THE PLAN IDENTIFIES DISPROPORTIONATE IMPACT AMONG WHITE STUDENTS AND ASIAN STUDENTS, AND PROPOSES EXPANDING ONBOARDING EFFORTS TO HIGH SCHOOLS WITH HIGHER POPULATIONS OF THESE GROUPS BY REPLICATING THE COLLEGE BOUND BUCCANEERS PROGRAM, WHICH WE'RE DOING NOW. IT ALSO CALLS FOR BEGINNING DATA SHARING WITH HIGH SCHOOLS TO RECRUIT STUDENTS FOR CERRITOS COLLEGE PROGRAMS,

[00:10:03]

SPECIFICALLY TARGETING SCHOOLS WITH MORE WHITE AND ASIAN STUDENTS AND SECURING ACCESS TO HIGH SCHOOL DATA.

FOR OUR MATH AND ENGLISH COMPLETION. OTHER STRATEGIES.

THE PLAN HIGHLIGHTS THE BENEFIT OF DUAL ENROLLMENT IN BOOSTING READINESS AND PERSISTENCE, WITH OUTREACH FOCUSED ON WHITE AND FIRST GENERATION STUDENTS.

IT RECOMMENDS INVITING STUDENTS WHO HAVE DROPPED OR FAILED MATH INTO SPECIAL SUPPORT CLASSES, NOTING THAT MATH ANXIETY PARTICULARLY AFFECTS LGBTQ PLUS AND FIRST GENERATION STUDENTS AND THAT TARGETED SUPPORT CAN IMPROVE OUTCOMES FOR THESE COMMUNITIES THE GROUP IDENTIFIED AS DISPROPORTIONATELY IMPACTED IN THIS AREA, AS I JUST STATED, ARE FIRST GENERATION WHITE AND LGBTQ PLUS STUDENTS.

FOR STUDENT PERSISTENCE, THIS INCLUDES RECOGNIZING STUDENTS ENROLLED IN NINE OR MORE UNITS BY DECEMBER 1ST TO INCREASE MOTIVATION AND RETENTION, ESPECIALLY FOR MALE, WHITE, AND FIRST GENERATION STUDENTS, AND CREATING PEER GROUPS AROUND THESE EFFORTS THROUGH THE FALCONS FINEST RECOGNITION INITIATIVE. AND SO, BEFORE I CONTINUE WE WANT TO OFFER YOU A SAMPLE AS WELL AS A GIFT THAT HIGHLIGHT THAT IS ACTUALLY THE TYPE OF PIN THAT EACH OF THE STUDENTS WOULD RECEIVE AFTER EARNING OR ACCOMPLISHING THIS, THIS MILESTONE IN THEIR ACADEMIC CAREER. CONGRATULATIONS.

THANK YOU. GOOD TO SEE OUR NEW PINS JUST CAME IN.

OH, WOW. WE WON'T TELL ANYONE. THIS IS GREAT.

THE PLAN ALSO AIMS TO INCREASE TUTORING AND GATEWAY COURSES TO IMPROVE PASS RATES FOR FIRST GENERATION BLACK AND MALE STUDENTS.

DISPROPORTIONATE IMPACT AND PERSISTENCE IS NOTED FOR FIRST GENERATION WHITE ECONOMICALLY DISADVANTAGED MALES, MALE STUDENTS OVERALL, AND BLACK AND LGBTQ PLUS STUDENTS.

TO SUPPORT COMPLETION, THE PLAN SUGGESTS IDENTIFYING STUDENTS WHO ARE CLOSE TO FINISHING THEIR DEGREES AND THE COURSES THEY NEED, WITH PREDICTABLE COURSE OFFERINGS TO ASSIST WORKING DISABLED, FIRST GENERATION AND MALE STUDENTS THROUGH SMART SCHEDULING.

IT ALSO EMPHASIZES SHARING PROGRESS DATA BY RACE, GENDER, INCOME AND DISABILITY SO FACULTY CAN USE THIS INFORMATION FOR OUTREACH AND INCLUSIVE TEACHING, WHICH IMPROVES SUCCESS FOR HISPANIC FIRST GENERATION, LOW INCOME AND DISABLED STUDENTS.

THE GROUP MOST AFFECTED BY DISPROPORTIONATE IMPACT INCOMPLETION INCLUDE MALE STUDENTS, HISPANIC ECONOMICALLY ECONOMICALLY DISADVANTAGED MALE STUDENTS, FIRST GENERATION AND DSPS MALE STUDENTS. FOR TRANSFER TO FOUR YEAR INSTITUTIONS, THE PLAN FOCUSES OUTREACH ON THE CSUS AND THE UCS, WHERE 90% OF HISPANIC STUDENTS TRANSFER.

BUILDING IDENTITY BASED COHORTS AND TAILORING MARKETING TO PROMOTE LOCAL TRANSFER PATHWAYS.

IT ALSO PROPOSES FORMING TRANSFER COHORTS FOR FIRST GENERATION MALE, HISPANIC, LGBTQ+, AND DISABLED STUDENTS, AS THESE COHORTS BOOST TRANSFER RATES BY FOSTERING A SENSE OF BELONGING.

DISPROPORTIONATE IMPACT IN TRANSFER IS SEEN AMONG, AS I JUST SAID, MALE.

ECONOMICALLY DISADVANTAGED MALE HISPANIC DSPS, LGBTQ+, AND FIRST GENERATION STUDENTS.

AND SO, BY 2028, THE PLAN AIMS FOR A 10% INCREASE IN ENROLLMENT OF DISPROPORTIONATELY IMPACTED STUDENTS.

45% COMPLETION OF TRANSFER LEVEL MATH AND ENGLISH.

90% PERSISTENCE FROM FIRST TERM TO SECOND TERM, A 50% FIVE YEAR COMPLETION RATE, AND A 20% INCREASE IN TRANSFER RATES.

THE OVERARCHING GOAL IS TO TRANSFORM CERRITOS COLLEGE INTO AN INSTITUTION WHERE EQUITY IS EMBEDDED IN EVERY POLICY, PRACTICE, AND PATHWAY, HELPING ALL STUDENTS TO THRIVE.

SO THAT'S OUR PRESENTATION. I'LL JUST SAY THAT WE ARE VERY PROUD OF OF THE WORK THAT WE'VE DONE.

IT'S TAKEN US A LOT OF MONTHS TO PULL THIS TOGETHER TALKING WITH A VARIETY OF DIFFERENT GROUPS AND STAKEHOLDERS.

AND SO WE'RE HOPING THAT YOU WILL TAKE A LOOK AT THE AND LOOK AT THE PLAN, REVIEW IT AND APPROVE IT.

DOES ANYONE HAVE ANY QUESTIONS? I THINK I HAVE A QUESTION, DOCTOR AMADOR.

HOW DO WE I THINK I DON'T QUITE UNDERSTAND HOW WE ACTUALLY DO THE OUTREACH.

WE'VE IDENTIFIED CERTAIN SEGMENTS OF POPULATION DEMOGRAPHICS, IF YOU WILL, OF FOLKS THAT ARE FALLING BEHIND AND WHERE THERE'S OPPORTUNITY TO IMPROVE.

[00:15:05]

I, I THINK WHAT I SEE THE MAP OF LIKE, OKAY, WE REACH OUT TO THEM AND THEN WE GET THEM INVOLVED IN TUTORING AND SPECIFIC KIND OF SURROUNDING SERVICES, WRAPAROUND SERVICES, IF YOU WILL.

BUT I DON'T QUITE UNDERSTAND, LIKE, HOW WE. IS IT JUST KIND OF LIKE, HEY, IF YOU CLICK YOUR WHITE MAIL, WE'RE GOING TO SEND YOU AN EMAIL THAT SAYS THERE'S MORE TUTORING.

LIKE, HOW DO WE CONNECT THE DOTS? RIGHT? ON A PRACTICAL LEVEL.

I DON'T QUITE UNDERSTAND THAT YET. I THINK WE'RE GOING TO INVOLVE QUITE A VARIETY OF DIFFERENT PROGRAMS THAT ALREADY EXIST ON CAMPUS THAT SUPPORT A LOT OF THESE GROUPS, BUT THEN WE'RE ALSO GOING TO BE WORKING WITH OUR PARTNERS IN ADMISSIONS AND RECORDS AND IN ERPG TO GET THE DATA TO ACCURATELY FIGURE OUT WHO IS ACTUALLY DISPROPORTIONATELY IMPACTED AND THEN BEGIN THE ACTUAL OUTREACH TO THEM.

AND SO, AS YOU CAN SEE, THERE'S A LOT OF FIRST GENERATION OVERLAP IN EACH OF THE AREAS.

I'M ALREADY WORKING WITH MY FOLKS, MY MANAGERS WITHIN MY DIVISION, BECAUSE WE ACTUALLY SUPPORT THAT, THAT PARTICULAR SEGMENT OF OUR POPULATION TO LOOK MORE CRITICALLY AT THE THINGS THAT WE ARE ALREADY DOING NOW, BUT WAYS THAT WE CAN CONTINUE TO IMPROVE BASED OFF OF THE INTERVENTIONS THAT THAT WE'VE IDENTIFIED FOR THESE STRATEGIES.

SO AS WE WERE DOING THIS, I WAS ALREADY HAVING CONVERSATIONS WITH THOSE MANAGERS ASKING THEM, YOU KNOW, REALLY CRITICAL QUESTIONS ABOUT WHERE ARE WE FALLING BEHIND? WHAT ARE THE THINGS THAT WE STILL HAVE NOT DONE IN OUR EFFORTS? AND ONE EXAMPLE IS WE LEARNED THAT WE DO REALLY WELL IN TERMS OF BRINGING THEM IN AND EVEN WORKING TOWARDS PERSISTENCE. WHAT WE DIDN'T NECESSARILY HAVE A LOT OF DATA AROUND WAS OUR TRANSFER RATES AND TRYING TO ENSURE THAT WE WERE HELPING THEM TO TO CROSS THE FINISH LINE, AND THAT WE WERE HELPING TO TO HANDHOLD THEM THROUGH TO THE NEXT CHAPTER OF THEIR ACADEMIC CAREERS.

WE WANT TO CONTINUE TO, TO OBVIOUSLY PRESS ON THAT AND, AND TRY TO DO BETTER.

JUST AN ADDITIONAL COMMENT. THIS. THIS IS A REQUIRED REPORT. BY THE CHANCELLOR'S OFFICE THAT IS BASED ON DATA THAT IS.

A FEW YEARS OLD. SO WHAT YOU'RE SEEING HERE IS LAGGING DATA THAT DOES NOT REFLECT THE CURRENT STATE OF OUR EFFORTS AND WHAT OUR STUDENTS TRULY ARE.

THE DATA ALSO SHOWS WHAT, IN MY OPINION, ARE NON-EXISTING GAPS.

IF YOU WERE TO DISAGGREGATE SOME OF THESE, WHICH IN THE REPORT ARE DISAGGREGATED, YOU SEE THAT WHAT IS CALLED A GAP IS ONE STUDENTS, TWO STUDENTS. AND STATISTICALLY, THAT DOES NOT TRANSLATE INTO AN ACTUAL GAP.

WHEN YOU LOOK AT CURRENT DATA IS ACTUALLY BETTER THAN THE LAGGING DATA.

SO FOR ALL PRACTICAL PURPOSES, WE HAVE CLOSED MOST, IF NOT ALL OF THE ACHIEVEMENT GAPS.

WHAT YOU SEE HERE IS AN EFFORT TO HAVE ABOVE AND BEYOND RESULTS.

BUT IN MY OPINION, THE CHANCELLOR'S OFFICE ARE THOSE INDIVIDUALS WHO COLLECT THESE TYPE OF REPORTS SHOULD FIND A WAY TO PROVIDE CURRENT DATA. SO THE EFFORTS OF THE DISTRICTS, INCLUDING OURS, ARE BASED ON LEADING INDICATORS RATHER THAN LAGGING INDICATORS. EVEN IF WE WERE GOING TO FOLLOW THINGS EXACTLY AS PRESCRIBED, WE WILL BE OPERATING ON DATA THAT IS A FEW YEARS OLD OF STUDENTS THAT ARE LIKELY NO LONGER WITH US.

SO I WILL BE PROVIDING SOME FEEDBACK AS WELL.

BUT FOR ALL PRACTICAL PURPOSES, MOST OF THE ACHIEVEMENT GAPS THAT WE HAD A COUPLE OF YEARS AGO HAVE BEEN CLOSED DATA TODAY WHICH IS AVAILABLE IN THE CURRENT DASHBOARDS AT THE COLLEGE.

IT'S ACTUALLY MUCH BETTER THAN, THAN OR THE DATA THAT WE HAVE TO SUBMIT TO, TO THIS PARTICULAR REPORT WHAT WE'RE HOPING HERE FOR AND WHAT YOU SEE THERE AND WHAT SUCCESS LOOKS LIKE BY 2028 IS ACTUALLY GOALS THAT ARE BIGGER THAN THE GAPS, BECAUSE WE ARE CONTINUING TO CENTER OUR PROGRESS ON THE KPIS AND OUR GOAL OF 50% ON FIVE YEARS OR LESS. I FIND IT INTERESTING THAT WE HAVE TO SPEND THE TIME WORKING WITH DATA THAT IS SO OLD THAT THE REPORTS

[00:20:08]

BECOME MORE OF A WAY TO CHECK A BOX, RATHER THAN TO MOVE FORWARD.

NOTHING TO DO, BECAUSE I KNOW YOU'RE DOING THAT, BUT I THINK YOU AND YOUR TEAM DESERVE CREDIT FOR GOING ABOVE AND BEYOND ON CURRENT DATA.

SAME THING WITH YOU AND YOUR TEAM, ROBIN. I KNOW THAT OBVIOUSLY WE'RE WORKING WITH CURRENT DATA, BUT THE REPORT DOESN'T NECESSARILY REFLECT THAT.

SO WOULD WE GET SOMETHING UPDATED WHERE IT WOULD SHOW EXACTLY WHAT WE SHOULD DO WITH CURRENT DATA SO THAT WE'RE ACTUALLY MAKING A BETTER EFFORT THAN TRYING TO WORK ON SOMETHING THAT WE ALREADY KNEW WE HAD AN ISSUE AND HAD BEEN WORKING TO IMPROVE. AND FROM LIKE DOCTOR FARROW SAID, OUR DASHBOARD SHOWS THAT WE HAVE GREATLY IMPROVED AND PRETTY MUCH MET MOST OF THESE DATA POINTS.

WE ARE THE PRESENTATION SHOULD NOT END HERE. IT SHOULD, LIKE WE SHOULD SAY, THE LAGGING DATA.

YES. SO SOMETHING LET ME LET ME WE WANT TO BACKTRACK A LITTLE BIT.

THE IT ENDS HERE BECAUSE THE REPORT ENDS THERE.

AND WE HAVE TO APPROVE THE REPORT BASED ON THE PARAMETERS THAT ARE REQUIRED THROUGH THE CHANCELLOR'S OFFICE.

BUT ON ON WHAT YOU SEE HERE ON 2028, THIS PIECE IS ON INCREASED ENROLLMENT, COMPLETION, PERSISTENCE AND SO ON.

ALL THOSE ARE CONNECTED TO THE CURRENT KPIS AND THE, THE THE BITS AND PIECES OF THE DATA SNIPPETS AND SO ON.

DID YOU RECEIVE ARE ACTUALLY CONNECTED TO ALL THIS WORK.

SO SO THIS IS NOT SEPARATE WORK. IT'S JUST SIMPLY THE DATA, THE THAT IS UTILIZED FOR THE COMPLETION OF THIS REPORT IS A FEW YEARS OLD, BASED ON THE DESIGN OF HOW THESE REPORTS HAVE TO BE PRESENTED.

FOR THE PURPOSES OF THIS MEETING, IT MAY BE HELPFUL TO HAVE THAT REPORT AND THEN ALSO A OH, OKAY. INSTEAD OF JUST HAVING YOU KIND OF LIKE BACKFILL BE LIKE WHICH IF WE HAD STOPPED THERE, THAT WOULD HAVE BEEN SAD. HOWEVER, WE DIDN'T STOP.

AND, YOU KNOW, A COUPLE YEARS AGO AND THIS IS THE PROGRESS WE MADE, I THINK THAT WOULD BE HELPFUL FOR THE NEXT TIME, SOMETHING SIMILAR. YEAH. BECAUSE THIS WAY I UNDERSTAND WE HAVE TO VOTE ON THIS AND IT IS A REQUIREMENT, BUT I AGREE WITH TRUSTEE. BIRKEY. WE WOULD, IT WOULD BE THAT THIS IS LAGGING DATA.

THIS IS WHERE WE WERE. BUT CURRENTLY THIS IS WHERE WE'RE AT AND THIS IS WHERE WE WANT TO BE.

SO I THINK THAT WOULD BE MORE BENEFIT. RIGHT.

WOULD THAT WOULD BE YEAH. THAT WOULD BE MORE BENEFICIAL BECAUSE THEN WE KNOW EXACTLY.

YOU KNOW, WHERE WHERE WE WERE WHERE WE'RE AT RIGHT NOW AND WHERE WE EXPECT TO BE MAYBE IN 2028.

WOULD IT BE POSSIBLE FOR US TO REQUEST THAT INFORMATION? SURE, SURE. WE'LL BRING THAT BACK. YEAH. SO. BUT WE STILL NEED TO VOTE ON.

YEAH, YEAH. SO THAT DOES NOT CHANGE THE REPORT.

THE REPORT HAS BEEN DONE AS REQUESTED. THE TEAM HAS A MUCH BIGGER TARGET.

THE TEAM HAD A LINE THE REQUESTS VERY MUCH TO THE WORK THAT WE ARE CURRENTLY DOING.

I JUST DON'T WANT ANYONE TO TAKE THE IMPRESSION THAT.

THAT WE'RE HITTING JUST THE ACTUAL BENCHMARK.

WE ARE GOING WELL ABOVE AND BEYOND BECAUSE WE'RE USING THIS DATA FOR REPORTING.

BUT WHAT WE ARE TRULY DOING IS ALIGNING EVERYTHING TO THE FIVE 50% GRADUATION RATE IN FIVE YEARS OR LESS.

AND THE DETAIL PIECES OF THE REPORT LEWIS THE TEAM OF WRITERS DID A GREAT JOB MAKING SURE THE, THE, THE, THE, THE AIR FORCE ARE NOT NECESSARILY JUST TO CLOSE THE 2 OR 3 STUDENTS THAT ARE IN SOME CATEGORIES.

BUT TO ACTUALLY GO TO THE POINT OF SURPASSING THOSE NUMBERS, BECAUSE WHAT WE'RE WORKING FOR IS THE, THE OVERARCHING GOAL OF THE COLLEGE. SO, SO WHEN YOU LOOK AT IT, I DON'T WANT YOU TO TAKE THE IMPRESSION THAT THERE IS STOPPING THERE.

THEY'RE ALREADY PAST THAT ON CURRENT DATA AND ARE WORKING TO MUCH HIGHER NUMBERS, AS YOU PROBABLY REMEMBER THE EMAIL THAT I SENT EARLIER THIS WEEK WITH OR SOME OF OUR CURRENT NUMBERS ON PERFORMANCE.

SO DOES ANYONE ELSE HAVE ANY QUESTIONS? TRUSTEE GREEN.

YES. SO BASED ON WHAT YOU'RE SAYING, IT SEEMS AS IF THIS IS WHAT SUCCESS LOOKS LIKE BY 2026 OR IN 2026,

[00:25:01]

WHICH IS A WONDERFUL THING. BUT I JUST WANT TO THANK THE TEAM, AND I JUST WANT TO THANK EVERYONE WHO IS INVOLVED IN THIS WORK.

I ESPECIALLY LOVE THE QUOTE THAT ENDS THIS REPORT WHERE IT SAYS WHERE EQUITY IS EMBEDDED IN EVERY POLICY, PRACTICE AND PATHWAY TO HELP ALL STUDENTS THRIVE.

AND SO WE KNOW THAT AS A BOARD, WE ARE VERY MUCH COMMITTED TO THE EQUITY AND ACCESS FOR OUR STUDENTS AND OUR COMMUNITY.

SO THANK YOU SO MUCH. YEAH. CAN I GET A MOTION? MOTION. SECOND. ROLL CALL VOTE. OKAY. BEFORE I BEGIN THE VOTE.

TRUSTEE RIOS, ARE THERE ANY OTHER INDIVIDUALS 18 YEARS OF AGE OR OLDER WHO ARE PRESENT IN THE ROOM? NO THERE AREN'T. THANK YOU. OKAY. STUDENT TRUSTEE SANCHEZ I TRUSTEE BIRKEY I TRUSTEE GREEN.

I TRUSTEE LEWIS ABSENT TRUSTEE LU I TRUSTEE PACHECO I TRUSTEE RIOS I AND TRUSTEE SALAZAR I.

MOTION PASSES. MOTION PASSES. MOVING ON TO ITEM 6.02.

[6.02 Approve Tentative Agreement between The Cerritos Community College District and The Cerritos College Faculty Federation (CCFF) Local 6215, regarding Non-Economic Reopeners.]

APPROVAL OF TENTATIVE AGREEMENT BETWEEN THE CERRITOS COLLEGE COMMUNITY CERRITOS COMMUNITY COLLEGE DISTRICT AND THE CERRITOS COLLEGE FACULTY FEDERATION LOCAL 6215 REGARDING NON-ECONOMIC REOPENINGS.

DOES ANYONE HAVE ANY QUESTIONS? SEEING NONE. CAN I GET A MOTION? MOTION TO APPROVE. SECOND. COULD I GET A ROLL CALL? VOTE? YES. TRUSTEE RIOS. ARE THERE ANY OTHER INDIVIDUALS 18 YEARS OR OLDER, PRESENT IN THE ROOM? NO THERE AREN'T. THANK YOU. STUDENT TRUSTEE. SANCHEZ I TRUSTEE BIRKEY I TRUSTEE GARIN I TRUSTEE LEWIS IS ABSENT.

TRUSTEE LU TRUSTEE PACHECO I TRUSTEE RIOS I AND TRUSTEE SALAZAR I.

MOTION PASSES. MOTION PASSES. ITEM 6.03. CONSIDERATION OF APPROVAL OF TENTATIVE AGREEMENT BETWEEN THE CERRITOS COLLEGE COMMUNITY

[6.03 Consideration of Approval of Tentative Agreement between the Cerritos Community College District and the California School Employees Association (CSEA), Chapter #161, Regarding Non-Economic Reopeners.]

COMMUNITY COLLEGE DISTRICT AND THE CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION, A CSC CHAPTER 161 REGARDING NON ECONOMIC REOPENINGS. DOES ANYONE HAVE ANY QUESTIONS? OKAY. SEEING NONE, CAN I GET A MOTION TO APPROVE? SECOND. ROLL CALL VOTE. OKAY. TRUSTEE RIOS, ARE THERE ANY INDIVIDUALS 18 YEARS OF AGE OR OLDER IN THE ROOM? NO THERE AREN'T. THANK YOU. STUDENT TRUSTEE SANCHEZ I TRUSTEE BIRKEY TRUSTEE GREEN.

TRUSTEE LEWIS IS ABSENT. TRUSTEE LIU TRUSTEE PACHECO I TRUSTEE RIOS I AND TRUSTEE SALAZAR I MOTION PASSES.

[6.04 Salary Adjustments and CDC Salary Schedule Update for CDC Office Specialist and CDC Food Service Specialist]

MOVING ON TO ITEM 6.04. SALARY ADJUSTMENT AND CDC SALARY SCHEDULE UPDATE FOR THE FOR CDC OFFICE SPECIALIST AND CDC FOOD SERVICE SPECIALIST.

THANK YOU. TRUSTEE PACHECO. SO THIS ITEM IS A.

PART OF OUR FOURTH LEVER ON INSTITUTIONAL HEALTH.

WE HAVE TAKEN THE THE JOB OF THAT LEVER VERY SERIOUSLY BECAUSE WE ALSO KNOW THAT IT'S AN IMPORTANT PART OF THE STUDENT FIRST FRAMEWORK AND AN IMPORTANT ITEM ON THE BOARD'S AGENDA.

AND WE HAVE BEEN REVISITING SOME OF OUR ENTRY LEVEL POSITIONS, THE LOWER RANKED POSITIONS ON THE PAY SCALE AND THE DISTRICT AND ENSURING THAT THOSE POSITIONS ARE COMPENSATED FAIRLY AND ABOVE WHAT WE ARE DESCRIBING AND TRYING TO FIND A DEFINITION OF WHAT IS LIVABLE WAGES WITHIN OUR REGION.

AND AS A RESULT OF OUR FIRST STUDY ON A COUPLE OF THE AREAS ON CAMPUS WHICH WE WILL BE MOVING ACROSS THE DIFFERENT AREAS OF CAMPUS AS WE DO THIS STUDY, WE FOUND A COUPLE OF POSITIONS.

THEY ARE NOT ABOVE US, THAT ARE NOT IN WHAT WE CONSIDER LIVABLE WAGES IN OUR REGION, AND WE WANT TO MAKE SURE THAT WHAT WE SAY AND IT'S IN OUR VALUES IS REFLECTED IN OUR ACTIONS.

SO WE ARE BRINGING THESE ITEMS TO YOUR ATTENTION ASKING YOU TO CONSIDER THE APPROVAL OF THE CHANGES ON PAY IN THIS PARTICULAR POSITION SO WE CAN BEGIN SETTING

[00:30:03]

PRECEDENT. THE WE ARE PRACTICING WHAT WE HOPE WE DO FOR OUR STUDENTS WHEN THEY COME TO SCHOOL, WHICH IS ENSURE THAT THEY REACH A SUSTAINABLE, LIVABLE WAGES, AT LEAST IN THE DEFINITION THAT IS IN OUR AREA.

DOES ANYONE HAVE ANY QUESTIONS? SEEING NONE. CAN I GET A MOTION? MOTION TO APPROVE. SECOND. CAN I GET A ROLL CALL? VOTE? YES. TRUSTEE. RIOS. ARE THERE ANY INDIVIDUALS 18 YEARS OF AGE OR OLDER PRESENT IN THE ROOM? NO THERE AREN'T. THANK YOU. STUDENT TRUSTEE SANCHEZ I TRUSTEE BIRKEY I TRUSTEE GREEN TRUSTEE LEWIS IS ABSENT.

TRUSTEE LIU TRUSTEE PACHECO A TRUSTEE RIOS I AND TRUSTEE SALAZAR I MOTION PASSES

[7.01 Institutional Presentation: Board Ethics Training]

ITEM 7.01 INSTITUTIONAL PRESENTATION. BOTH. WORK ETHICS TRAINING.

SO NOW WE'RE GOING TO DO OUR TRAINING. THANK YOU.

DO I NEED TO HAVE THE MIC ON? NO.

GOOD EVENING. TRUSTEES AND DOCTOR PIERRO VICE PRESIDENTS.

IT'S A PLEASURE TO BE HERE TONIGHT. MY NAME IS BARBARA GINSBURG. I'M WITH ATKINSON, ANDELSON LOYA.

RUDIN ROMO, ONE OF THE LEGAL COUNSEL FIRMS THAT HELPED TO REPRESENT CERRITOS COLLEGE.

I'VE HAD A RELATIONSHIP WITH CERRITOS COLLEGE FOR 25 YEARS NOW.

I SERVED AS PAST PRESIDENT OF THE CERRITOS COLLEGE FOUNDATION AS WELL.

I WORE MY FALCON BLUE TONIGHT IN SUPPORT. SO WE'RE REALLY THRILLED TO BE BACK HERE TODAY.

AND ON THIS IMPORTANT TOPIC OF ETHICS TRAINING.

I BROUGHT A MUCH BRIGHTER MIND THAN MY OWN, WHICH IS MY COLLEAGUE MATT BEZEMER, WHO WILL BE CONDUCTING THE TRAINING TO FOR YOU TODAY.

SO MATT COMES TO US. HE'S BEEN WITH OUR FIRM SEVERAL YEARS NOW.

HE IS A COMPLETE, DEDICATED COMMUNITY COLLEGE ADVOCATE.

HE IS AN EXPERT IN ALL AREAS RELATED TO COMMUNITY COLLEGES AND IS JUST A GREAT REPRESENTATIVE.

I KNOW YOU'LL GET A LOT OUT OF HIS PRESENTATION TODAY, AND I REALLY ENCOURAGE YOU TO ASK ANY QUESTIONS THAT YOU MIGHT HAVE ALONG ANY OF THE LINES OF THINGS THAT YOU'RE BEING TRAINED ON TODAY WITH REGARD TO ETHICS.

AND I, I HOPE YOU'LL UTILIZE OUR SERVICES IN THE FUTURE AND, AND FOLLOW THROUGH WITH MATT OR MYSELF AFTER THE PRESENTATION IN DAYS TO FOLLOW.

IF THERE'S ANYTHING ELSE THAT WE CAN SERVE YOU ON OR ANSWER ANY QUESTIONS FOR YOU.

SO WITH THAT I INTRODUCE MY COLLEAGUE MATT BEZEMER.

GOOD EVENING. TRUSTEES, PRESIDENT FIERRO, MEMBERS OF CABINET, AND A FEW MEMBERS WE HAVE IN THE AUDIENCE.

I AM THRILLED TO BE YOUR ENTERTAINMENT FOR THE NEXT TWO HOURS.

MY SLIDE SEEMS TO HAVE SKIPPED TO THE END. I HOPE YOU ENJOYED THAT.

AND WE ARE DONE. LET ME GO. WE'RE HAVING FUN.

YEAH, I'M GLAD IT WENT ALL THE WAY BACK. YEAH, I DON'T KNOW.

I MUST HAVE HIT SOMETHING. ALL RIGHT. SO WHILE WE GET THIS STRAIGHTENED OUT, DON'T LET THE SUIT AND TIE FOOL YOU.

BUT I AM A LAWYER. AND I THINK BEFORE WE START THIS TRAINING FOR BARBARA SAID, ENJOY IT.

I DON'T KNOW IF THAT'S THE RIGHT WORD, BUT IT IS TWO HOURS LONG.

AND BEFORE WE DO THAT, THOUGH, DOES ANYBODY KNOW ANY GOOD LAWYER JOKES? NO. WHAT ABOUT A LAWYER TALKING ABOUT ETHICS? WOW. MY WIFE DOESN'T THINK I'M FUNNY EITHER. BUT WE'RE HERE TODAY TO TALK ABOUT A VERY SERIOUS SUBJECT.

I'VE BEEN IN THE ETHICS SPACE NOW FOR ALMOST MY ENTIRE CAREER.

AFTER I GRADUATED LAW SCHOOL, I DID WHAT ANY BRAND NEW REASONABLE LAWYER WOULD DO.

I JOINED THE ARMY AND I WAS A LAWYER JAG OFFICER FOR THE ARMY.

AND WHEN I GOT TO MY FIRST DUTY ASSIGNMENT ABOUT A YEAR LATER OR SO, THEY SAID, CAPTAIN BESSEMER, WE'RE GOING TO PUT YOU IN CHARGE OF THE INSTALLATION ETHICS PROGRAM.

AND THIS WAS BEFORE SIRI. THIS WAS BEFORE JUST BEING ABLE TO ASK GOOGLE OR CHATGPT ANY OF THESE QUESTIONS.

I ACTUALLY HAD TO LEARN WHAT INSTITUTIONS OR THE ETHICS PROGRAM WAS GOING TO BE.

SO I'VE WORKED IN THE ETHICS SPACE AS A ON THE FEDERAL SIDE AS A STATE GOVERNMENT EMPLOYEE.

WHEN I WORKED FOR THE ATTORNEY GENERAL'S OFFICE UNDER KAMALA HARRIS AND JAVIER BECERRA, AND THEN AT STATE CENTER WHEN I WAS THE GENERAL COUNSEL THERE, AND THEN CERTAINLY AT RR WITH OUR CLIENTS. AND THE ETHICS TRAINING THAT WE'RE GOING TO DO TODAY IS TRAINING THAT HAS BEEN IN PLACE FOR ALL LOCAL AGENCIES SINCE 2006. SO IN 2005, THE LEGISLATURE PASSED A LAW THAT SAID THAT LOCAL AGENCIES,

[00:35:02]

STARTING IN 2006, MUST MAKE SURE THAT THEY ARE ELECTED OFFICIALS AND THEIR DESIGNATED OFFICIALS UNDERGO TWO HOURS OF ETHICS TRAINING EVERY TWO YEARS. AND THE DEFINITION OF LOCAL AGENCY LEFT OUT SCHOOL DISTRICT, COMMUNITY COLLEGE, ALL THE SCHOOLS. AND SO FOR A NUMBER OF YEARS, THERE WAS THIS BIG GAP IN THE LAW ON WHETHER OR NOT EDUCATION PROFESSIONALS WAS REQUIRED TO UNDERGO THIS ETHICS TRAINING. WELL, AB 2158 IN 2002 EXTENDED THAT REQUIREMENT TO SCHOOLS, COUNTY OFFICES OF EDUCATION, AND CHARTER SCHOOLS.

NOW, ALL ELECTED TRUSTEES AND THOSE ORGANIZATIONS AND THEIR DESIGNATED OFFICIALS ARE REQUIRED TO UNDERGO THIS ETHICS TRAINING.

SO WHEN THE LAW WAS PASSED THEY SAID SCHOOL DISTRICTS.

THEY DIDN'T SAY COMMUNITY COLLEGE DISTRICTS. SO THERE IS A QUESTION ON WHETHER OR NOT THE LEGISLATURE MEANT COMMUNITY COLLEGE DISTRICTS WHEN IT USED THE WORD SCHOOL DISTRICTS, OR WHETHER IT'S JUST SCHOOL DISTRICTS. BUT REGARDLESS, OUR ADVICE AND GUIDANCE TO OUR CLIENTS IS THAT THEY SHOULD UNDERGO THIS TRAINING IN THE EVENT THEY'RE AUDITED BY THE FPPC. THEY'RE ABLE TO SHOW PROOF OF THIS TRAINING.

AND IT ALSO HELPS TO PREVENT SOME VERY SERIOUS ETHICAL VIOLATIONS THAT WE WILL REVIEW AS WE GO THROUGH THIS PRESENTATION.

SO THAT'S WHERE THIS REQUIREMENT COMES FROM. SO WHAT IS ETHICAL BEHAVIOR.

THIS IS AN OLD QUOTE THAT I'M SURE YOU'VE ALL HEARD BEFORE, THAT ETHICAL BEHAVIOR IS DOING THE RIGHT THING, EVEN WHEN DOING THE WRONG THING IS LEGAL. DOING THE RIGHT THING WHEN NO ONE IS WATCHING.

AND THAT'S KIND OF THIS INTUITIVE SENSE OF WHERE'S YOUR INTERNAL COMPASS? WHERE'S YOUR MORAL COMPASS? YOUR ETHICAL COMPASS.

AND IT'S NOT ABOUT GETTING CAUGHT. IT'S NOT ABOUT WHO'S FINDING OUT OR WHO MIGHT FIND OUT, BUT WHAT IS THE RIGHT THING TO DO IN THIS SITUATION.

AND THAT IS A LOT OF WHAT WE'RE GOING TO BE TALKING ABOUT TODAY.

THERE'S THE GENERAL CONCEPTS OF ETHICS, ETHICAL BEHAVIOR, THE RESPONSIBILITY THAT YOU ALL HAVE LEADING A DEMOCRATIC INSTITUTION.

BECAUSE COMMUNITY COLLEGE DISTRICTS ARE INHERENTLY DEMOCRATIC INSTITUTIONS.

YOU ARE ELECTED BY THE POPULACE, BY YOUR CONSTITUENTS TO LEAD THIS ORGANIZATION, AND YOU LEAD IT IN A DEMOCRATIC VALUE THAT REQUIRES YOU TO CONDUCT BUSINESS IN A TRANSPARENT MANNER. THE BROWN ACT, THE PUBLIC RECORDS ACT, THOSE ARE ALL THINGS WE'LL TALK ABOUT IN DETAIL.

IT'S ABOUT THE IDEA THAT YOU SHOULD CONDUCT YOURSELVES IN A MANNER THAT AVOIDS EVEN THE APPEARANCE OF IMPROPRIETY, BECAUSE OFTENTIMES, AS YOU KNOW, THE APPEARANCE OF IMPROPRIETY IS JUST AS DETRIMENTAL TO YOUR ORGANIZATION AS ACTUAL IMPROPRIETY.

WHEN YOU START TO LOSE THE VALIDITY AND THE LEGITIMACY OF YOUR ROLE IN THIS ORGANIZATION OR YOUR INSTITUTION BECAUSE OF ETHICAL MISSTEPS OR THE APPEARANCE THAT YOU'RE GIVING CERTAIN TREATMENT, FAVORABLE TREATMENT TO SOME PEOPLE AND NOT OTHERS.

SO THOSE ARE ALL ETHICAL CONCEPTS AND PRINCIPLES THAT WE TALK ABOUT AS ELECTED OFFICIALS THAT LEAD THIS ORGANIZATION AS MEMBERS OF CABINET, THAT ARE EXECUTIVE LEADERS OF OF THIS ORGANIZATION.

YOU HAVE SOME BASIC RESPONSIBILITIES TO CONDUCT THE AFFAIRS OF THIS ORGANIZATION IN A RESPONSIBLE MANNER.

MAKING SURE THE BUDGET IS A BUDGET THAT IS SOMETHING THAT IS GOING TO CARRY THE ORGANIZATION FORWARD, THAT YOU'RE SPENDING MONEY IN A RESPONSIBLE MANNER.

NOW THE LEGISLATIVE BODIES AUTHORITY, GENERALLY, AS YOU KNOW, THE CALIFORNIA CONSTITUTION SAYS YOU CAN HAVE COMMUNITY COLLEGES SAY TO CALIFORNIA LEGISLATURE GO PASSED SOME LAWS THAT SAY HOW YOU'RE GOING TO DO THAT.

AND THE LEGISLATURE HAS PASSED LAWS THAT SAY COMMUNITY COLLEGES, BOARD OF TRUSTEES, THESE ARE YOUR AUTHORITY.

THIS IS HOW YOU'RE GOING TO OPERATE. AND THEN FROM THERE, WHAT DO YOU DO? WHAT DO YOU DO? TRUSTEES. YOU GO AND PASS BOARD POLICIES.

YOU PASS BOARD POLICIES AND SAY, THIS IS HOW WE'RE GOING TO OPERATE.

AND CHANCELLOR, SUPERINTENDENT, PRESIDENT, YOU ARE OUR PRIMARY EMPLOYEE THAT WE DELEGATE OUR AUTHORITY TO CARRY OUT OUR POLICIES AND OUR PROCEDURES AND TO ACHIEVE THE OBJECTIVES THAT WE VOTE ON AND APPROVE AS A BOARD.

NOW AS YOU KNOW, YOU ARE REQUIRED TO OPERATE AS A BODY OR YOU'RE ONLY ALLOWED TO OPERATE AS A COLLECTIVE WHOLE, MAKING DECISIONS AS A BOARD, AS A COLLECTIVE WHOLE.

BUT YOU ALSO HAVE INDIVIDUAL RESPONSIBILITIES, RESPONSIBILITIES TO MAKE SURE THAT YOU'RE OPERATING IN GOOD FAITH, THAT YOU'RE TAKING REASONABLE CARE AND AND YOU'RE ENGAGING IN YOUR YOUR BEHAVIORS AS TRUSTEES DEMONSTRATE YOUR INTEGRITY.

YOU'RE COMPLYING WITH THE LAWS AND THAT YOU ARE ACCOUNTABLE FOR THE DECISIONS YOU MAKE.

NOW, PART OF YOUR RESPONSIBILITIES OBVIOUSLY INVOLVE BEING INFORMED WITH THE BUSINESS OF THIS ORGANIZATION,

[00:40:03]

UNDERSTANDING HOW IT OPERATES, THE DEPARTMENTS, THE RESPECTIVE AREAS OF RESPONSIBILITY AND THE NEED TO PROTECT THE ASSETS.

SO NOW WE'VE TALKED ABOUT KIND OF THIS GENERAL BROADER IDEA OF ETHICS, ETHICAL LEADERSHIP AND WHAT IT MEANS TO BE ETHICAL INDIVIDUAL OR AN ETHICAL GOVERNMENT LEADER, OR IN THIS CASE, A COMMUNITY COLLEGE DISTRICT LEADER.

NOW, WHEN WE TALKED ABOUT THE FAIR POLITICAL, I'M SORRY, AB, THAT EXTENDED THE TRAINING REQUIREMENTS TO SCHOOLS THAT HAVE BEEN IN PLACE FOR ALMOST 20 YEARS FOR EVERYBODY ELSE. THOSE LAWS, FOR THE MOST PART, ARE ENFORCED BY THE FAIR POLITICAL PRACTICES COMMISSION.

THE FPPC. THERE'S SOME OTHER LOCAL AND STATE AGENCIES THAT ALSO ENFORCE ETHICAL LAWS AND RULES.

BUT WHAT WE'RE GOING TO START TALKING ABOUT NOW ARE SPECIFIC ETHICAL LEGAL REQUIREMENTS.

THE FAIR POLITICAL PRACTICES COMMISSION, BASED ON THE STATUTES HAVE BEEN ENACTED, HAVE PASSED REGULATIONS.

AND THOSE REGULATIONS SAY THESE ARE THE CORE SUBJECT AREAS THAT LOCAL AGENCY OFFICIALS MUST UNDERTAKE TRAINING ON EVERY TWO YEARS. AND ONE OF THOSE AREAS IS CALLED LAWS RELATED TO PERSONAL FINANCIAL GAIN.

ON THIS NEXT SLIDE HERE, I HAVE LISTED THE CORE.

THE CORE LEGAL AREAS THE FPPC HAS SAID ARE LAWS RELATED TO PERSONAL FINANCIAL GAIN, LAWS PROHIBITING BRIBERY, CONTRACTUAL CONFLICTS OF INTEREST, CONFLICTS UNDER THE POLITICAL REFORM ACT THAT INVOLVE GOVERNMENTAL DECISIONS THAT ARE DIFFERENT THAN CONTRACTS.

WE'LL TALK ABOUT THOSE IN DETAIL IN A SECOND.

CONFLICTS AND INTEREST AND CAMPAIGN CONTRIBUTIONS AND CONFLICTS OF INTEREST.

WHEN LEAVING OFFICE. SO WHEN WE'RE TALKING ABOUT LAWS RELATED TO PERSONAL FINANCIAL GAIN, THESE ARE THE CORE AREAS RIGHT HERE.

SO PROHIBITION AGAINST BRIBERY. AND I THINK FOR MOST PEOPLE THIS IS THE INTUITIVE CONFLICT OF INTEREST THAT PEOPLE THINK ABOUT, THAT YOU SHOULD NOT BE ENGAGING IN ANY TYPE OF TRANSACTION WITH ANYBODY WHERE IT APPEARS, OR IN FACT, YOU ARE BEING PAID OR GIVEN SOME TYPE OF GIFT, SOME BENEFIT OR FAVOR IN ORDER TO INDUCE YOU TO VOTE A CERTAIN WAY, TO TAKE A CERTAIN ACTION OR TO DO SOMETHING IN YOUR OFFICIAL CAPACITY.

AND UNDER THE BRIBERY LAWS, IT'S JUST CAN BE BASED ON THIS UNDERSTANDING OR AGREEMENT THAT SOMEBODY IS GIVING YOU SOMETHING OF VALUE IN EXCHANGE FOR YOU USING YOUR POSITION TO INFLUENCE A CURRENT OR EVEN A POTENTIAL FUTURE MATTER.

NOW, IF YOU DON'T ACTUALLY RECEIVE ANYTHING OF VALUE, IT'S A FINE.

IF YOU DO RECEIVE SOMETHING IN VALUE, AND THAT TRANSACTION THAT YOU RECEIVE FROM SOMEBODY ELSE WAS GIVEN WITH THE INTENT OF INFLUENCING YOU TO ACT IN A CERTAIN WAY. IT IS SOMETHING THAT IS PUNISHABLE BY IMPRISONMENT, BY FINES, AND YOU CAN BE FOREVER DISQUALIFIED FROM HOLDING ANY OFFICE, EMPLOYMENT OR APPOINTMENT IN THE STATE. NOW, BRIBERY DOESN'T REQUIRE THAT THERE'S A SPECIAL, SPECIAL OR SPECIFIC ACTION PENDING WHEN THE BRIBE WAS GIVEN.

SO IF SOMEBODY WERE TO GIVE YOU A GIFT WITH THE UNDERSTANDING THAT IN THE FUTURE SOMETHING MIGHT COME UP ON THE AGENDA, AND IF IT COMES UP ON THE AGENDA WE EXPECT YOU TO VOTE OUR WAY.

WINK, WINK. THAT COULD BE SUFFICIENT TO SUSTAIN AN ALLEGATION OF BRIBERY.

SO THAT'S BRIBERY. AND I'M TALKING FAST ON PURPOSE BECAUSE WE HAVE A LOT OF MATERIAL TO COVER.

AND I SAW SOME OF YOU ADMIRING. YES. ADMIRING THE SIZE OF THE TRAINING PACKET.

SO IT IS A LOT OF MATERIAL TO GO THROUGH. BUT I LIKE TO ENGAGE IN CONVERSATION TO THE EXTENT WE CAN.

SO IF ANYBODY HAS QUESTIONS, COMMENTS, THOUGHTS AS WE GO THROUGH THIS MATERIAL INTERRUPT ME, RAISE YOUR HAND, SHOUT OUT WHATEVER YOU WANT TO DO.

SO NOW WE'RE MOVING ON TO CONTRACTUAL CONFLICTS OF INTEREST.

AND THESE ARE CONFLICTS OF INTEREST WHEN MAKING A CONTRACT.

SO HERE IS A KNOWLEDGE CHECK. EVERY CONFLICT OF INTEREST PROBLEM CAN BE SOLVED BY THE INDIVIDUAL BOARD MEMBER RECUSING THEMSELVES FROM THE VOTE. TRUE OR FALSE.

FALSE. ALL RIGHT. SO FALSE. WHO SAYS FALSE? RAISE YOUR HAND.

WHO SAYS TRUE? COME ON. EVERY. BY THE WAY, EVERYBODY IN THIS ROOM, WE'RE ALL FRIENDS TONIGHT.

WE ALL GET TO. WE ALL WE CAN. THE NON-ATTRIBUTION POLICY, WHICH IS WE'RE NOT GOING TO ATTRIBUTE ANYBODY'S ANSWERS TO ANYBODY AFTER WE LEAVE THE ROOM, ALTHOUGH WE'RE BEING LIVE STREAMED. RIGHT.

OH, DANG. ALL RIGHT, SO THAT DOESN'T REALLY WORK. BUT THE ANSWER IS FALSE.

[00:45:02]

NOT EVERY CONFLICT CAN BE SOLVED BY RECUSAL. AND THAT INVOLVES THE ANSWER TO THAT INVOLVES CONTRACTS.

SO THE RULE IS A PUBLIC OFFICIAL SHALL NOT BE FINANCIALLY INTERESTED IN ANY CONTRACT MADE BY THEM IN THEIR OFFICIAL CAPACITY OR BY ANY BOARD ON WHICH THEY ARE MEMBERS.

SO THIS APPLIES TO ELECTED OFFICIALS AND IT APPLIES TO EMPLOYEES.

SO THIS WOULD APPLY TO APPLIES TO EVERYBODY IN THIS ORGANIZATION THAT IS EMPLOYED OR ELECTED BY BY THE THE PUBLIC OR EMPLOYED BY THIS ORGANIZATION. THEY CANNOT BE FINANCIALLY INTERESTED IN ANY CONTRACT IN WHICH THEY HAVE A FINANCIAL INTEREST.

NOW, THIS LAW IS MUCH STRICTER THAN THE NEXT LAW THAT WE'RE GOING TO BE TALKING ABOUT, CALLED THE POLITICAL REFORM ACT WITH GOVERNMENT DECISION MAKING, WITH CONTRACTS. IF ONE OF YOU BOARD MEMBERS HAS A FINANCIAL INTEREST IN A CONTRACT, THE ENTIRE BOARD IS PRECLUDED FROM ENTERING INTO THE CONTRACT.

YOU CANNOT DO IT UNLESS AN EXCEPTION APPLIES.

SO WE'RE GOING TO TALK ABOUT GENERAL RULE. AND THEN WE'RE GOING TO TALK ABOUT EXCEPTIONS.

THE GENERAL RULE IS IF A MEMBER OF THIS BOARD HAS A FINANCIAL INTEREST IN A CONTRACT, THE ENTIRE BOARD IS DISQUALIFIED FROM ENTERING INTO THE CONTRACT AND DOING BUSINESS WITH THAT THIRD PARTY.

SO THESE ARE THE KEY QUESTIONS TO ASK. AND WE'RE GOING TO GO THROUGH THESE IN THE NEXT SLIDE.

SO I'M NOT GOING TO GO THROUGH THEM ON THIS SLIDE. SO WHO'S COVERED I JUST SAID WHO'S COVERED EVERYBODY.

WHAT IS COVERED WRITTEN CONTRACTS ORAL CONTRACTS PURCHASES MADE OUTSIDE THE FORMAL CONTRACTING PROCESS.

THE TERM CONTRACT WHEN WE'RE TALKING ABOUT THESE CONFLICT OF INTERESTS IS DEFINED VERY BROADLY.

IT'S NOT THIS NARROW IDEA OF A WRITTEN PIECE OF PAPER THAT SAYS, WE'RE GOING TO WE'RE GOING TO PROVIDE THIS SERVICE.

WE'RE GOING TO GIVE YOU THIS MONEY. IT CAN BE THE PURCHASE ORDERS, IT CAN BE OTHER EXPENDITURES OF MONEY BY THIS ORGANIZATION.

SO HERE'S JUST KIND OF AN EXAMPLE. PAYMENT OF A BOARD MEMBERS EXPENSE CAN BE A CONTRACT PAYMENT OF BOARD MEMBER SPOUSE EXPENSE TO ACCOMPANY A BOARD MEMBER TO A CONFERENCE.

WELL, WE'LL TALK ABOUT THAT LATER, THAT THERE SHOULDN'T BE ANY SITUATION WHERE THE DISTRICT IS PAYING FOR A BOARD MEMBER'S SPOUSE TO ACCOMPANY A BOARD MEMBER TO A CONFERENCE. SO THAT'S A LITTLE BIT OF A TRICK, BUT WHERE IT SAYS PAYMENT OF A BOARD MEMBER'S EXPENSE, THAT'S CONSIDERED A CONTRACT. BUT YOU KNOW WHAT? THERE'S AN EXCEPTION TO THAT THAT ALLOWS THE BOARD TO ENTER INTO THAT TYPE OF CONTRACT AND APPROVE A BOARD MEMBER'S TRAVEL EXPENSE.

SO WHAT DOES MAKE A CONTRACT MEAN? TO MAKE A CONTRACT IS DEFINED VERY BROADLY, AND IT INCLUDES THE INCEPTION OF THE IDEA THAT WE'RE GOING TO GO OUT AND HAVE A CONTRACT FOR SOMETHING OR SOMEBODY TO THE BOARD'S VOTE ON THE CONTRACT, APPROVING THE CONTRACT AND EVERYTHING IN BETWEEN FROM THE IDEA THAT WE'RE GOING TO HAVE A CONTRACT TO THE BOARD'S APPROVAL, THAT CONTRACT, EVERYTHING THAT HAPPENS FROM POINT A TO POINT B AND, WELL, MAYBE A TO Z RATHER. AND EVERYTHING THAT HAPPENS IN BETWEEN A AND Z, THAT IS PART OF THE MAKING OF A CONTRACT.

AND SO BOARD MEMBERS CANNOT BE USING THEIR OFFICIAL POSITION TO INFLUENCE A CONTRACT IF THEY HAVE A FINANCIAL INTEREST OR VOTING ON A CONTRACT.

IF AN EMPLOYEE HAS A FINANCIAL INTEREST IN A CONTRACT, THEY SHOULD BE DISCLOSING THAT IN WRITING TO THEIR SUPERVISOR AND NOT BEING INVOLVED AT ALL IN THE CONTRACTING PROCESS. SO OTHER GOVERNMENTAL ACTIONS, THEY DON'T INCLUDE THINGS LIKE GOVERNMENT DECISIONS, PERMITS, LICENSE, INVESTIGATIONS, REPORTS THOSE THINGS AREN'T INCLUDED IN THE IDEA OF A CONTRACT.

SO NOW THAT WE'VE TALKED ABOUT WHO DOES THIS LAW COVER? ALL EMPLOYEES IN THIS ORGANIZATION AND ELECTED TRUSTEES WHAT DOES IT APPLY TO CONTRACTS? CONTRACTS IS THIS VERY BROAD IDEA NOTION, AND IT APPLIES TO THE MAKING OF A CONTRACT WHICH INCLUDES THE INCEPTION TO THE APPROVAL.

NOW WE'RE GOING TO TALK ABOUT WHAT IS A FINANCIAL INTEREST IN A CONTRACT.

WELL, GOVERNMENT CODE SECTION 1090 DOESN'T SPECIFICALLY GIVE A DEFINITION THAT THIS IS WHAT IT MEANS TO BE FINANCIALLY INTERESTED IN A CONTRACT.

INSTEAD, THE IDEA OF A FINANCIAL INTEREST IS WHETHER OR NOT.

SORRY, BY THE WAY, I FEEL LIKE I KEEP WALKING ALL OVER YOU RIGHT HERE, SO I'M NOT BOTHERING.

FINANCIAL INTEREST IS WHETHER SOMEBODY MIGHT PROFIT FROM IT.

FOLLOW THE MONEY. LOOK AT THE MONEY COMING FROM THE DISTRICT TO SOMEBODY ELSE.

IS THERE A MONEY TRAIL THAT MIGHT LEAD TO A TRUSTEE OR AN EMPLOYEE WHO IS INVOLVED IN MAKING THE CONTRACT? SO FOLLOW THE MONEY. FINANCIAL INTERESTS MIGHT INCLUDE THINGS, OBVIOUSLY, A DIRECT CONTRACTING PARTY, IF A TRUSTEE OWNED A BUSINESS. THAT'S VERY CLEAR SITUATION WHERE THE TRUSTEE HAS A FINANCIAL INTEREST IN A CONTRACT.

[00:50:07]

WHAT'S NOT SO CLEAR ALL THE TIME IS, WELL, WHAT IF ONE OF YOU TRUSTEES IS AN EMPLOYEE OF A BUSINESS THAT THE DISTRICT'S CONTRACTING WITH? WHAT DO YOU DO IN THAT SITUATION? WE'LL TALK ABOUT THAT NEXT.

WHAT IF YOU TRUSTEE HAVE A BUSINESS SUPPLYING GOODS OR SERVICES TO SOMEBODY ELSE AND THAT'S SOMEBODY ELSE, THEN HAS DOES BUSINESS WITH THE DISTRICT? IS THAT A FINANCIAL INTEREST IN THE CONTRACT? BECAUSE BY THE BY YOU APPROVING OR BEING INVOLVED IN THE CONTRACT, YOU ARE GIVING MONEY TO THE ORGANIZATION THAT IS THEN BUYING GOODS AND SERVICES FROM YOU. SO THAT COULD BE CONSIDERED A POTENTIAL FINANCIAL INTEREST.

LANDLORD OR TENANT RELATIONSHIPS? OBVIOUSLY OWNERSHIP INTERESTS AND CORPORATIONS.

SO DIRECT AND INDIRECT FINANCIAL INTEREST WILL BE DETERMINED BY ASSESSING WHETHER OR NOT THE OFFICIAL WOULD REALIZE A GAIN AND HAVE DIVIDED LOYALTIES.

SO LET'S SEE WE'LL TALK ABOUT THIS IN A FEW EXAMPLES ON WHAT THE REACHBACK PERIOD MEANS.

BUT WE HAVE EXCEPTIONS. SO I TALKED ABOUT THE GENERAL RULE.

NOW WE'RE GOING TO TALK ABOUT THE EXCEPTIONS.

AND SO AS FRUSTRATING IT IS WHEN YOU CALL A LAWYER AND ASK FOR OPINION.

WHAT'S A LAWYER'S FAVORITE TWO WORDS. IT DEPENDS.

SO WHEN WE'RE TALKING ABOUT THESE CONFLICTS OF INTEREST WITH CONTRACTS, SAY DO WE HAVE A CONTRACT OR DO WE HAVE A CONFLICT OF INTEREST? SAY, WELL, IT DEPENDS. DO WE HAVE A REMOTE INTEREST OR A NON INTEREST IN THOSE CONTRACTS.

AND MIGHT THOSE 1 OR 2 EXCEPTIONS APPLY. WE'LL TALK ABOUT THOSE IN A SECOND.

ALL RIGHT. REMOTE INTEREST EXCEPTION. SO WHEN YOU LOOK AT GOVERNMENT CODE SECTION 1091 THEY HAVE A LONG LIST OF WHAT THE EXCEPTIONS ARE.

I'M NOT GOING TO GO THROUGH ALL OF THOSE EXCEPTIONS HERE.

BUT I WANT YOU TO FLAG IN YOUR BRAIN AND TO REMEMBER THE TUNE OF THIS MUSIC THAT THERE ARE EXCEPTIONS.

AND WE'LL TALK ABOUT SOME OF THOSE EXCEPTIONS WHEN A REMOTE INTEREST EXCEPTION APPLIES.

THE PROTOCOL SHOULD BE THAT THE BOARD MEMBER WHO HAS THE REMOTE INTEREST NEEDS TO RECUSE THEMSELVES.

ANNOUNCE IT. NOT BE INVOLVED IN THE PROCESS. IDEALLY, LEAVE THE ROOM AND WE'LL TALK ABOUT WHAT THAT MEANS IN GOVERNMENT DECISIONS.

AND NOT USE THEIR OFFICIAL POSITION SO REMOTE INTEREST BOARD CAN STILL ENTER INTO THE CONTRACT.

BUT THE BOARD MEMBER WITH THAT REMOTE INTEREST CAN'T BE INVOLVED AT ALL.

WHAT'S AN EXAMPLE OF A REMOTE INTEREST? SO THIS CAME UP WITH ONE OF MY CLIENTS AT THE BOARD MEETING, AND THE TRUSTEE WAS CONFRONTED WITH HAVING TO VOTE ON IT.

IT WAS A CONTRACT BETWEEN THE DISTRICT AND THE TRUSTEES EMPLOYER.

WE'RE LIKE, WE GOT A PROBLEM. GENERAL RULE. WE GOT A PROBLEM, FINANCIAL INTEREST.

BUT WE LOOKED AT EXCEPTION. SO IN THIS CASE, THE EXCEPTION, THE REMOTE INTEREST EXCEPTION IS THAT IF THE EMPLOYMENT RELATIONSHIP IS WITH A NONPROFIT, THE TRUSTEE WORKS FOR A NONPROFIT.

AND THAT NONPROFIT IS ENTERING INTO A CONTRACT WITH THE DISTRICT.

THEN THERE'S A REMOTE INTEREST EXCEPTION IN THAT PARTICULAR CASE.

THAT DOESN'T PRECLUDE THE BOARD FROM ENTERING INTO THE CONTRACT.

NOW, THIS IS A REALLY INTERESTING ONE HERE. AND I'LL GIVE YOU ANOTHER REAL LIFE EXAMPLE.

WHAT LEARNING MANAGEMENT PLATFORM DO YOU GUYS USE? CANVAS. ALL RIGHT. SO WE'LL GO CANVAS. SO I HAD A CLIENT AND A TRUSTEE WAS ELECTED TO THE BOARD.

AND WITHIN THE FIRST YEAR OF THE TRUSTEE BEING ELECTED TO THE BOARD, THE TRUSTEE GETS A JOB WITH CANVAS.

SO NOW THE TRUSTEE IS AN EMPLOYEE OF CANVAS. AND AS YOU CAN IMAGINE, THE CANVAS CONTRACT COMES UP FOR RENEWAL EVERY SO OFTEN.

SO THE CONTRACT WAS UP FOR RENEWAL AND THE DISTRICT NEEDED TO KNOW CAN WE VOTE ON THIS CONTRACT? AND THE ANSWER WAS NO. YOU CANNOT VOTE ON THIS CONTRACT.

WHAT ARE YOUR OPTIONS THEN? YOUR OPTIONS ARE FINDING A NEW LEARNING MANAGEMENT PLATFORM GOING AFTER THAT.

ENTERING INTO A NEW CONTRACT WITH A BRAND NEW PROVIDER.

TRAINING EVERYBODY UP. YOU KNOW, GETTING IT IMPLEMENTED, INSTALLED, DEPLOYED, GETTING EVERYBODY TRAINED UP OR THAT TRUSTEE HAS TO LEAVE.

IN THAT PARTICULAR CASE, THE TRUSTEE RESIGNED.

SO WHEN I SAID THE OTHER OPTION COULD HAVE BEEN THE TRUSTEE RESIGNED HER EMPLOYMENT.

AND NOW IN THAT CASE, WE TALK ABOUT THIS IDEA OF A REACH BACK.

THE REACH BACK APPLIES. AND I'LL EXPLAIN WHAT THAT MEANS IN A SECOND. IT'S A GOVERNMENTAL DECISION MAKING. SO WITH A CONTRACT, THE BOARD IS PRECLUDED FROM ENTERING INTO A CONTRACT WHEN A TRUSTEE HAS A FINANCIAL INTEREST.

[00:55:08]

IF THAT TRUSTEE SEVERS THAT FINANCIAL INTEREST.

THE REST OF THE BOARD CAN THEN ENTER INTO THAT CONTRACT.

BUT THAT TRUSTEE NEEDS TO RECUSE THEMSELVES. WHEN WE TALK ABOUT GOVERNMENTAL DECISION MAKING IN A SECOND.

THERE'S A REACH BACK THAT LOOKS BACK FOR DISQUALIFICATION.

YES, MA'AM. JUST THE SIZE OF THE PENALTIES BY THE STATE IS NOT INVOLVED IN THIS PARTICULAR CASE.

THE EXAMPLE, THE ILLUSTRATION I'M GIVING I'VE TWEAKED THE FACTS A LITTLE BIT TO TO, FOR PURPOSES OF CLIENT CONFIDENTIALITY AND ALL THAT.

SO THAT'S WHY I ASKED, WHAT DO YOU USE? BUT I'M USING THIS TO ILLUSTRATE THE EXAMPLE.

THE CONTRACT THAT WE'RE TALKING ABOUT WAS BETWEEN THE DISTRICT AND THE THIRD PARTY CONTRACTOR FOR A LEARNING MANAGEMENT SYSTEM PLATFORM.

SO NOW WE'RE GOING TO TALK ABOUT THIS EXCEPTION.

THERE IS AN EXCEPTION THAT COULD HAVE APPLIED.

AND THAT EXCEPTION IS IF THE CONTRACTING PARTY HAD TEN OR MORE OTHER EMPLOYEES.

AND WE'LL USE CANVAS, BY THE WAY, WHICH IS JUST THE HYPOTHETICAL WE'RE USING HERE TO GO WITH, BECAUSE THAT'S WHO YOU USE, HAS TEN OR MORE EMPLOYEES, AND IF THE OFFICER WAS AN EMPLOYER OR AGENT OF THAT CONTRACTING PARTY FOR AT LEAST THREE YEARS PRIOR TO THE OFFICER INITIALLY ACCEPTING HIS OR HER OFFICE.

SO IN THE HYPOTHETICAL EXAMPLE ILLUSTRATION I GAVE TO YOU, THE PERSON GOT THEIR JOB AFTER THEY WERE ELECTED TO OFFICE.

NOW, IT COULD HAVE BEEN DIFFERENT IF THE PERSON HAD BEEN WORKING FOR CANVAS THREE YEARS BEFORE EVER BECOMING ELECTED.

THEN THE REMOTE INTEREST EXCEPTION WOULD HAVE APPLIED.

IT WOULDN'T HAVE PRECLUDED THE BOARD FROM ENTERING INTO THAT CONTRACT.

BUT THAT TRUSTEE WOULD HAVE STILL HAD TO RECUSE THEMSELVES FROM THAT PROCESS.

AND THEN CERTAINLY THE OTHER REQUIREMENT IS THE PERSON OWNS LESS THAN 3% OF THE SHARES OF THAT STOCK, OR AND THE PERSON IS NOT AN OFFICER OR DIRECTOR OF THE CONTRACTING PARTY ORGANIZATION.

SO THE MEDIA WILL ONLY APPLY IF THE 3D OR APPLY.

I'M SORRY. SAY THAT ONE MORE TIME. SO IN THIS CASE, IN THE PREVIOUS SLIDE, YOU HAD LIKE THEY OWN THIS AND THEY ARE NOT AN OFFICER.

THEY SAY THAT THE BOARD MEMBER WAS A PROGRAMMER, NOT OFFICER, THE PROGRAMMER.

IF THEY, AS LONG AS THEY WERE EMPLOYED BY THAT ORGANIZATION THREE YEARS BEFORE BECOMING A BOARD MEMBER.

SO, SO IN ORDER FOR US TO APPLY, THE FIRST ONE HAS TO.

BE TRUE. CORRECT. ALL OF THOSE NEED TO BE THAT YOU SEE ON THE SLIDE THERE.

ALL FOUR OF THOSE CONDITIONS NEED TO BE SATISFIED.

SO HERE'S ANOTHER SITUATION THAT COMES UP FROM TIME TO TIME.

I WILL BRIEFLY JUST SAY IT THIS. AND KEEP IN MIND THAT IF ANY OF YOUR BOARD MEMBERS, ANY PERSON SITTING HERE WERE TO SUE THE DISTRICT, AND THEN YOU'RE TALKING ABOUT SETTLEMENT, THERE'S A PROBLEM.

BUT THE LAW SAYS THIS IS HOW YOU HANDLE APPROVAL, THOSE TYPE OF SETTLEMENT AGREEMENTS.

SO THAT'S ALL I'M GOING TO SAY ABOUT THAT. UNLESS YOU GUYS WANT TO TALK MORE ABOUT IT.

WELL, I THINK ONE OF THE THINGS I'M STILL TRYING TO PROCESS IS LIKE THE LEVEL OF, LIKE, THE LEVEL OF REMOTENESS, RIGHT? SO LET'S SAY YOU HAD SOMEBODY WHO WORKED AS A DOCTOR FOR A FOR A VERY LARGE HEALTHCARE PROVIDER, AND THEN WE HAVE A CONTRACT THAT ALLOWS OUR EMPLOYEES TO ALSO USE THAT SAME HEALTHCARE PROVIDER THAT HAS HUNDREDS OF THOUSANDS OF EMPLOYEES ALL ACROSS THE COUNTRY IS THAT SEEMS VERY REMOTE TO ME. BUT WOULD THAT BE A CONTRACTUAL CONTRACTOR? IN YOUR HYPOTHETICAL, IS A BOARD MEMBER IS A BOARD MEMBER, SO THE DOCTOR IS A BOARD MEMBER.

YOU'D HAVE TO GO THROUGH THAT ANALYSIS, BECAUSE IF THE DOCTOR IS IF A BOARD MEMBER IS AN EMPLOYEE OF AN AGENCY OR ORGANIZATION THAT THE DISTRICT IS APPROVING CONTRACTS WITH YOU HAVE TO GO THROUGH TO SEE WHETHER OR NOT ONE OF THE REMOTE EXCEPTIONS APPLIES BECAUSE IT IS PRESUMED THAT THAT BOARD MEMBER IS FINANCIALLY INTERESTED IN THAT CONTRACT BECAUSE WHO KNOWS WHAT'S HAPPENING AT THAT EMPLOYER, FOR EXAMPLE. OH, WE KNOW THE THE BOARD IS GETTING READY TO APPROVE OUR CONTRACT NEXT.

DOCTOR. SO. AND SO I UNDERSTAND THAT, YOU KNOW, YOU CAN'T VOTE ON IT, BUT IT WOULD SURE BE NICE IF WE GET THIS APPROVED OR IF WE GET INCREASED RATES OR WHATEVER. AND THE IDEA BEHIND WHY THE ENTIRE BOARD GETS CONFLICTED OUT WHEN ONE BOARD MEMBER HAS A FINANCIAL INTEREST IN THE CONTRACT, IS THE IDEA OF LIKE OF THE RISK OF YOU SCRATCH MY BACK, I'LL SCRATCH YOURS.

MEANING THAT, YOU KNOW, YOU KNOW TRUSTEE SO-AND-SO HAS A FINANCIAL INTEREST IN RECUSED, BUT YOU'RE GOING TO GO AHEAD AND APPROVE THAT ANYWAY,

[01:00:06]

BECAUSE WHEN YOUR CONTRACT COMES UP, YOU HAVE A FINANCIAL INTEREST.

YOU WANT THE REST OF THE BOARD TO APPROVE THAT CONTRACT FOR YOU AND ALLOW YOU TO RECUSE YOURSELF.

SO IT'S THE IDEA THAT THE RISK OF BOARD MEMBERS BEING INFLUENCED, KNOWING THAT A TRUSTEE HAS A FINANCIAL INTEREST IN THE CONTRACT.

AND IT'S KIND OF THE I SCRATCH YOUR BACK, YOU SCRATCH MINE.

IT DOESN'T EVEN HAVE TO BE A SPOKEN THING. RIGHT, RIGHT.

SO THAT WOULD JUST DEFINITELY BE THE KIND OF LIKE YEAH.

SO LIKE THE APPEARANCE OF IMPROPRIETY CONCEPT.

YEAH. SO OKAY. WE'LL TALK ABOUT THAT IN A SECOND.

WHAT WE'RE WHAT WE'RE TALKING ABOUT IS THE ISSUE OF THE ENTIRE BOARD BEING CONFLICTED OUT OF A CONTRACT.

YEAH. SO BASICALLY THEN WE WOULD NO LONGER BE ABLE TO USE THAT HEALTHCARE PROVIDER UNLESS.

YES. UNLESS BECAUSE RIGHT. REMOTE INTEREST EXCEPTIONS.

AND LIKE I SAID, THERE'S A WHOLE LONG LIST OF EXCEPTIONS.

ONE IS YOU'RE AN EMPLOYEE OF AN ORGANIZATION THAT HAS TEN OR MORE EMPLOYEES THAT YOU'VE WORKED FOR FOR THREE YEARS BEFORE ASSUMING OFFICE, THE OFFICER OF THE TRUSTEE OWNS LESS THAN 3% OF THE SHARES OF THE STOCK AND IS NOT AN OFFICER OR DIRECTOR OF THE CONTRACTING PARTY, AND DIDN'T PARTICIPATE IN FORMULATING THE BID.

THERE'S THE REMOTE INTEREST EXCEPTION REQUIREMENTS RIGHT THERE.

THERE ARE OTHER THINGS, LIKE IF YOU AND I TALKED ABOUT THE SUPPLIER OF GOODS AND SERVICES TO IF YOU'RE A TRUSTEE AND YOU HAVE A BUSINESS THAT SUPPLIES GOODS OR SERVICES TO ANOTHER PARTY, AND THAT OTHER PARTY HAS A CONTRACT WITH THE DISTRICT, THERE ARE CERTAIN CRITERIA THAT CAN BE MET THAT NEED TO BE MET TO AVOID A FINANCIAL INTEREST, TO FALL INTO THIS REMOTE INTEREST EXCEPTION CATEGORY.

SO GENERAL RULE, FINANCIAL INTERESTS DISQUALIFYING FOR THE BOARD UNLESS WE FIT INTO THE REMOTE INTEREST EXCEPTION.

THE NON-INTEREST EXCEPTION THAT WE'LL TALK ABOUT.

AND THEN ALSO FINALLY THE RULE OF NECESSITY, WHICH RARELY APPLIES.

AND WE'LL TALK ABOUT THAT IN A SECOND. SO NOW WE'RE GOING TO TALK ABOUT GOING THE WRONG WAY.

WITH NONINTEREST EXCEPTIONS. SO THIS IS ANOTHER EXCEPTION TO THE FINANCIAL INTEREST, WHERE IT'S DEEMED TO BE A QUOTE UNQUOTE NON-INTEREST EXCEPTION.

AND UNLIKE THE REMOTE INTEREST THAT WE JUST TALKED ABOUT, A NON-INTEREST, WHEN A NON-INTEREST EXCEPTION APPLIES, DOES NOT REQUIRE EXCEPTION, THE BOARD MEMBER CAN STILL VOTE ON A CONTRACT.

AND I'LL USE MICROSOFT, FOR EXAMPLE. SO LET'S SAY YOU HAVE A CONTRACT COMING UP FOR YOU TO APPROVE OFFICE 365 OR SOME OTHER MICROSOFT PRODUCTS. YOUR VOTE ON THAT CONTRACT IS PROBABLY NOT GOING TO MOVE THE NEEDLE ON MICROSOFT'S STOCK AT ALL. SO IT'S DEEMED TO BE A NON INTEREST AS LONG AS THE TRUSTEE OWNS LESS THAN THREE SHARES OF THE CORPORATION AND THEIR INCOME. AND THAT ANOTHER PERCENT.

I'M SORRY, 3% OF THE SHARES. THANK YOU. OF A CORPORATION.

AND THE OFFICIALS INCOME FROM THAT SOURCE DOESN'T EXCEED 5% OF THE OFFICIALS TOTAL ANNUAL INCOME.

SO THE IDEA THERE IS, YOU MIGHT HAVE YOU MIGHT OWN SOME SHARES IN MICROSOFT, AND YOU'RE NOT GOING TO BE DISQUALIFIED FROM VOTING ON A CONTRACT WITH MICROSOFT IF YOUR ONLY INTEREST IS THOSE SHARES.

NOW, IF YOU OWNED MORE THAN 3% OR MORE OF THE SHARES OF MICROSOFT, YOU'RE GOING TO BE DOING PRETTY WELL FOR YOURSELF.

IF YOU DO, 2.5% PROBABLY WOULDN'T BE ENOUGH. AND SO ANOTHER NONINTEREST EXCEPTION THAT WE TALKED ABOUT IS BEING REIMBURSED FOR ACTUAL OR NECESSARY EXPENSES IN THE PERFORMANCE OF OFFICIAL DUTY AND THAT OF A SPOUSE OR OFFICER IN THE IN THE SPOUSE'S EMPLOYMENT OR OFFICE HOLDING, AS LONG AS THAT EMPLOYMENT EXISTED FOR AT LEAST ONE YEAR PRIOR TO THE ELECTION OR APPOINTMENT.

AND WE'LL TALK ABOUT SPOUSE SITUATIONS IN A SECOND.

SO THE GENERAL RULE IS THAT AFTER YOU ARE, IF YOU ARE ELECTED TO THE BOARD AND YOUR SPOUSE OR PARTNER HAS EMPLOYMENT WITH THE DISTRICT, THAT'S FINE.

BUT AFTER YOU'RE ELECTED, YOUR SPOUSE PARTNER CAN NEVER BE PROMOTED BECAUSE THE ENTIRE BOARD NOW IS DISQUALIFIED FROM APPROVING THE CONTRACTS OR THE EMPLOYMENT OR THE HIRING SITUATION, OR THE PROMOTION OF YOUR SPOUSE. SO YOUR SPOUSE IS EMPLOYED BEFORE YOU TOOK THE BOARD, BEFORE YOU GOT ON THE BOARD.

STATUS QUO IS FINE. YOUR SPOUSE IS A MEMBER OF A BARGAINING UNIT.

THAT'S FINE FOR YOU TO VOTE ON THE BARGAINING AGREEMENT TO APPROVE THAT.

BUT THE GENERAL RULE IS AFTER YOU'RE ELECTED.

STATUS QUO MUST PREVAIL FOR YOUR SPOUSE'S EMPLOYMENT WITH THE DISTRICT IF YOU HAVE A SPOUSE EMPLOYED.

[01:05:06]

THE RULE OF NECESSITY. NOW, THIS RARELY, RARELY EVER APPLIES.

THE RULE OF NECESSITY ALLOWS THE BOARD TO ENTER INTO A CONTRACT DESPITE A FINANCIAL INTEREST, WHEN THERE LITERALLY ARE NO OTHER OPTIONS AVAILABLE.

WHEN I SAY NO OTHER OPTIONS, I MEAN NO OTHER OPTIONS.

JUST BECAUSE IT'S INCONVENIENT. JUST BECAUSE IT'S A LOT MORE EXPENSIVE.

THOSE TWO THINGS WILL NOT TRIGGER THE RULE OF NECESSITY.

AN EXAMPLE I THINK THIS COMES UP AND AGAIN THESE LAWS DON'T JUST APPLY TO COMMUNITY COLLEGES.

THEY APPLY TO ALL LOCAL AGENCIES. SO YOU MIGHT HAVE A VERY RURAL TOWN IN CORPORATE OR COUNTY WHERE TRASH SERVICE IS VERY HARD TO COME BY, AND MAYBE THERE LITERALLY IS NO OTHER OPTION IN THE VERY RURAL PART OF CALIFORNIA.

SO, LIKE I SAID, RULE OF NECESSITY RARELY APPLIES AND THERE HAS TO BE NO OTHER OPTION.

SO WHEN WE'RE TALKING ABOUT THE IDEA OF RULE OF NECESSITY, NO OTHER OPTION.

IT'S ALSO IMPORTANT TO POINT OUT THAT WHEN IT COMES TO CONTRACT CONFLICTS OF INTEREST, IT DOESN'T MATTER IF THE CONTRACT IS A REALLY GOOD DEAL FOR THE DISTRICT, AND WE HEAR THOSE THINGS COME UP FROM TIME TO TIME, WHETHER IT'S A TRUSTEE OR AN EMPLOYEE WHO HAS A SPOUSE THAT HAS A CATERING BUSINESS, FOR EXAMPLE, OR SOMETHING AND WANTS TO CATER A DISTRICT EVENT, AND THAT CATERING BUSINESS IS OFFERING TO CATER FOR 50% LESS THAN THE COMPETITION.

IT DOESN'T MATTER THAT IT'S A REALLY GOOD DEAL IF THAT EMPLOYEE HAS A FINANCIAL INTEREST IN THAT CONTRACT OR THAT PURCHASE OR WHATEVER, THAT EMPLOYEE CAN'T BE USING THEIR OFFICIAL POSITION TO INFLUENCE THAT PROCESS.

THEY HAVE TO STAY OUT OF IT IF IT'S A BOARD MEMBER, AND UNLESS ONE OF THE EXCEPTIONS APPLIES, THEN THE BOARD CAN'T VOTE ON THAT CONTRACT WITH THE CATERER, FOR EXAMPLE.

SO JUST KEEP IN MIND, JUST BECAUSE IT MIGHT BE A REALLY GOOD DEAL FOR THE DISTRICT DOES NOT CURE THE PROBLEMS. SO PENALTIES FOR VIOLATIONS CAN BE REALLY SIGNIFICANT.

THEY CAN BE FINES, IMPRISONMENT. THEY CAN BE VOIDING CONTRACTS.

THERE CAN BE FINANCIAL OBLIGATIONS TO HAVE TO REIMBURSE THE DISTRICT.

SO KEEP IN MIND THAT THE PENALTY FOR VIOLATIONS ARE VERY SIGNIFICANT.

OKAY. CONFLICT OF INTEREST UNDER THE POLITICAL REFORM ACT.

SO THIS ENTIRE TIME WE'VE BEEN TALKING ABOUT CONTRACTS, NOT THE ENTIRE TIME, BUT THE LAST SECTION CONTRACTS.

NOW WE'RE GOING TO TRANSITION INTO GOVERNMENTAL DECISION MAKING, WHICH IS MUCH BROADER THAN CONTRACTS.

AND UNDER THE POLITICAL REFORM ACT, NO ELECTED OFFICIAL, NO EMPLOYEE CAN HAVE AN ECONOMIC INTEREST OR FINANCIAL INTEREST IN A GOVERNMENTAL DECISION. SO WHO DOES THIS APPLY TO? EVERY MEMBER, OFFICER, EMPLOYEE OR CONSULTANT OF A LOCAL AGENCY.

SO THIS APPLIES TO EVERYBODY. SOME PEOPLE THINK, OH, IT ONLY APPLIES TO TRUSTEES WHO ARE ELECTED OR IT ONLY APPLIES TO FORM 705.

NO, THIS APPLIES TO EVERY EMPLOYEE. IF AN EMPLOYEE, NO MATTER WHAT THE LEVEL IS, HAS A FINANCIAL INTEREST IN A GOVERNMENT DECISION, THAT EMPLOYEE SHOULDN'T BE INVOLVED IN THE MAKING OF THE GOVERNMENTAL DECISION OR INFLUENCING THAT GOVERNMENTAL DECISION.

AND WHAT DO WE MEAN NOW? WE USE THESE TERMS FINANCIAL INTERESTS AND ECONOMIC INTERESTS INTERCHANGEABLY.

BUT IN THIS CONTEXT, THERE IS A SPECIFIC DEFINITION ON WHAT AN ECONOMIC INTEREST IS, AND THERE IS AN ECONOMIC INTEREST.

IF IT'S REASONABLE THAT THE DECISION WILL HAVE A MATERIAL FINANCIAL EFFECT.

THAT'S DISTINGUISHED FROM THE EFFECT ON THE GENERAL PUBLIC, ON THE OFFICIAL OR A MEMBER OF HIS OR HER IMMEDIATE FAMILY AND IMMEDIATE FAMILY MEANS SPOUSE AND DEPENDENT CHILDREN. SO LET'S TALK ABOUT WHAT IT MEANS, WHAT A GOVERNMENT DECISION IS, AND I'LL USE THAT AS AN EXAMPLE. SO LET'S SAY THAT YOU ARE GETTING READY TO DECIDE OR IT'S COMING UP FOR A VOTE AS PART OF YOUR STRATEGIC OR FACILITIES PLAN THAT YOU WANT TO BUILD OUT A NEW CAMPUS OR A NEW CENTER SOMEWHERE, AND YOU HAVE A COUPLE DIFFERENT SPOTS IN YOUR DISTRICT AREA THAT YOU'RE CONSIDERING AND WHERE TO PUT THE NEW CAMPUS OR THE NEW CENTER, THE NEW BUILDING. AND YOU REALIZE THAT, WELL I OWN A BUSINESS.

I OWN A CONVENIENCE STORE RIGHT ACROSS THE STREET FROM THIS LOCATION.

AND IF WE PUT A NEW CAMPUS THERE, I THINK IT COULD SIGNIFICANTLY DRIVE UP MY BUSINESS.

OR MAYBE YOU HAVE A RENTAL PROPERTY THAT YOU RENT OUT TO PEOPLE, AND YOU SAY THAT IF WE GET A BUNCH OF STUDENTS HERE I'M GOING TO BE ABLE TO INCREASE THE AMOUNT I CHARGE FOR RENT. SO THAT COULD BE AN EXAMPLE OF A GOVERNMENTAL DECISION WHERE TO PUT THE NEW CAMPUS.

[01:10:08]

AND IF YOU HAD A FINANCIAL INTEREST AND INVESTMENT IN REAL ESTATE A BUSINESS ENTITY THAT YOU HAD A FINANCIAL INTEREST IN, A SOURCE OF INCOME, THEN YOU WOULD POTENTIALLY HAVE A DISQUALIFYING ECONOMIC INTEREST.

NOW, I THINK IT'S IMPORTANT TO REITERATE, IF I HAVEN'T ALREADY CONFIRMED OR MADE THIS POINT CLEAR, THAT WITH THE CONTRACTS, ENTIRE BOARD CAN'T DO IT WITH GOVERNMENT DECISIONS.

THE INTERESTED TRUSTEE OR THE CONFLICTED TRUSTEE RECUSES THEMSELVES, AND THE REST OF THE BOARD CAN STILL MAKE THE GOVERNMENT DECISION.

THAT IS THE BIG DIFFERENCE BETWEEN CONTRACTS AND GOVERNMENTAL DECISION CONTRACTS.

IF THERE'S A DISQUALIFYING FINANCIAL INTEREST, THE ENTIRE BOARD CAN'T ENTER INTO IT.

IF IT'S A GOVERNMENTAL DECISION, ONLY THE PERSON JUST NEEDS TO RECUSE THEMSELVES AND THE REST OF THE BOARD CAN ENTER INTO THAT GOVERNMENTAL DECISION.

NOW, DISQUALIFICATION VERSUS ABSTENTION. JUST KIND OF A SEMANTICS, BUT THIS IS A SUBSTANTIVE DIFFERENCE.

DISQUALIFICATION MEANS YOU LEGALLY CANNOT BE INVOLVED IN A VOTE.

ABSTENTION MEANS THAT YOU ARE DECIDING VOLUNTARILY OUT OF CONCERN, PERCEPTION OR YOUR ABILITY TO MAKE A FAIR DECISION.

YOU WANT TO ABSTAIN. SO PEOPLE USE THE TERMS INTERCHANGEABLY.

BUT NO DISQUALIFICATION MEANS YOU LEGALLY CANNOT PARTICIPATE IN A VOTE AS A BOARD MEMBER, AS OPPOSED TO A BOARD MEMBER JUST ABSTAINING.

SO CONFLICTS OF INTEREST WHEN LEAVING OFFICE.

SO BEFORE LEAVING OFFICE YOU HAVE TO BE CAREFUL.

AND THIS APPLIES TO ALL ALL EMPLOYEES, ALL CABINET MEMBERS THAT THEY NEED TO BE CAREFUL THAT THEY ARE NOT INFLUENCING GOVERNMENT DECISIONS IN WHICH THEY MIGHT BE INVOLVED WITH APPLYING FOR EMPLOYMENT OR NEGOTIATING FOR EMPLOYMENT WITH AN OUTSIDE AGENCY.

NOW, AFTER YOU LEAVE OFFICE THERE IS A RESTRICTION ON FOR ONE YEAR ON BEING ABLE TO COME BACK AND REPRESENT A THIRD PARTY BACK TO YOUR ORGANIZATION AFTER YOU LEAVE OFFICE. SO HERE ARE SOME SLIDE ON ENFORCEMENT.

ATTORNEY GENERAL, THE FPPC DISTRICT ATTORNEY'S PRIVATE CITIZENS CAN ALL ENFORCE POLITICAL REFORM ACT, CRIMINAL SANCTIONS OR CIVIL LIABILITY. CIVIL PENALTIES.

YOU CAN THEY CAN VOID GOVERNMENT DECISIONS. AND I WANT TO PAUSE REALLY QUICK BECAUSE THIS IS DEVELOPING NEWS THAT I JUST READ LAST WEEK.

HAS ANYBODY READ THE NEWS ABOUT THE MAYOR OF COACHELLA? YEAH.

SO AGAIN, I ONLY I ONLY KNOW WHAT I READ IN THE NEWS AND THEN ASK CHATGPT TO TRY TO FILL ME IN ON THE DETAILS.

YEAH, BUT HE'S IN AGAIN. I ALL I KNOW IS WHAT I READ IN THE NEWS, AND OBVIOUSLY EVERYBODY'S PRESUMED INNOCENT UNTIL THEY'RE FOUND GUILTY.

BUT BASED ON THE CRIMINAL CHARGES, HE'S IN SOME HOT WATER, AND IT INVOLVES APPROVING CONTRACTS, MAKING GOVERNMENT DECISIONS. AND THAT IMPACTED PROPERTY HE OWNED AND ALL THESE OTHER SORTS OF THINGS.

AND SO THE CRIMINAL INDICTMENT IS VERY, VERY LONG.

AND IF YOU'RE AT ALL INTERESTED, GO READ IT. IT IS A SIGNIFICANT ISSUE.

SO WHEN WE TALK ABOUT ALL THESE ISSUES, SOME PEOPLE ARE LIKE, OH, MAN, THIS STUFF DOESN'T HAPPEN.

YOU KNOW WHAT? NO, IT HAPPENS ALL THE TIME, BELIEVE IT OR NOT.

AND YOU READ THE NEWS AND IF YOU KNOW, ONCE YOU START, I USE GOOGLE NEWS.

AND AS YOU KNOW, ALL THESE ALGORITHMS WORK, YOU START READING A COUPLE ARTICLES. AND SO I GET THE ARTICLES NOW ALL THE TIME IN MY GOOGLE NEWS FEED ABOUT CONFLICTS OF INTEREST.

AND PEOPLE GET IN TROUBLE FOR THIS STUFF, YOU KNOW, BROWN ACT VIOLATIONS PUBLIC RECORDS ACT VIOLATIONS, ALL THESE OTHER KIND OF THINGS. SO WHEN YOU TALK, WHEN WE TALK ABOUT THIS, SOME PEOPLE SAY, OH, THIS NEVER HAPPENS. AND WE'LL GET TO THE FORM 700 IN A SECOND.

BUT SOMEBODY SAID, MAN, YOU KNOW, NOBODY'S EVER ASKED FOR FORM 700.

I SAID, YOU KNOW, WHEN THEY ASK, WHEN DO YOU THINK PEOPLE START ASKING FOR FORM 700? NO, THEY START ASKING FOR FORM 700 RIGHT AROUND THE TIME THAT THEY'RE DECLARING FOR ELECTION AND SOMEBODY WANTS TO SEE YOU, THEY'RE GOING TO ASK YOUR FORM 700. THEY'RE GOING TO ASK FOR ALL YOUR EXPENSE REIMBURSEMENTS, ALL THESE OTHER KINDS OF THINGS. SO YOU KNOW, BE THESE AREN'T JUST LITTLE CHECK THE BOX THINGS YOU GOT TO DO.

YOU GOT TO MAKE SURE YOU'RE FILLING THESE THINGS OUT COMPLETELY. YOU'RE COMPLYING WITH YOUR OBLIGATIONS BECAUSE YOU DON'T WANT THEM TO COME BACK TO HAUNT YOU FOR NOT DOING THINGS THE RIGHT WAY. WE TALKED ABOUT THE ENFORCEMENT CAMPAIGN CONTRIBUTIONS.

SO THE LAW CHANGED IN 2023 TO NOW SAY THAT THERE ARE CERTAIN RESTRICTIONS ON YOUR ABILITY TO APPROVE CONTRACTS OR MAKE OTHER DECISIONS WHEN YOU'VE RECEIVED A CAMPAIGN CONTRIBUTION.

INITIALLY, THE AMOUNT WAS $250 FROM A PARTY IN THE 12 MONTHS BEFORE DECISION OR 12 MONTHS AFTER A DECISION, BUT THAT AMOUNT HAS GONE UP TO $500. SO ON CERTAIN TYPES OF CONTRACTS OR DECISIONS, IF YOU'VE RECEIVED A CAMPAIGN CONTRIBUTION

[01:15:06]

YOU'RE PRECLUDED FROM VOTING ON THAT PARTICULAR ISSUE.

IF IT FROM THE DONOR. NOW THEY INVOLVE A PARTY OR A PARTICIPANT IN A CONTRACT, A LICENSE OR PERMIT OR OTHER ENTITLEMENT FOR USE OR PROCEEDING. SO YOU GUYS DON'T REALLY USE LICENSES OR PERMITS OR ENTITLEMENTS FOR USE LIKE CITIES AND COUNTIES, BUT IT COULD BE A CONTRACT. A CONTRACT COULD COME UP.

SO YOU HAVE TO BE COGNIZANT OF THE LIMITATION ON VOTING ON SOMETHING IN WHICH YOU'VE RECEIVED A CAMPAIGN CONTRIBUTION IN EXCESS OF $500 IN THE LAST 12 MONTHS. AND THEN IF YOU VOTED ON SOMETHING NOT TO ACCEPT A CAMPAIGN CONTRIBUTION FROM THAT PARTY FOR THE NEXT 12 MONTHS.

AND THAT INCLUDES UNIONS, RIGHT? CORRECT. LABOR UNIONS.

YES. SO HERE ARE SOME EXCEPTIONS RIGHT HERE. LABOR CONTRACTS RIGHT THERE.

SO THERE'S AN EXCEPTION RIGHT THERE. LABOR WAS ABLE TO GET THAT EXCEPTION IN THE BILL.

I MEAN, IT'S THE TRUTH. CONTRACTS EVALUATED UNDER $50,000, COMPETITIVELY BID CONTRACTS.

SO WHAT DID I SAY? LAWYERS. FAVORITE WORD? IT DEPENDS.

IS THERE A CONFLICT? I'M GUESSING YOU'RE A LAWYER. I AM A LAWYER.

I SMELLED YOU THE MINUTE YOU WALKED IN THE ROOM.

A GOOD SMELL, RIGHT? YES, OF COURSE, OF COURSE.

SO WE TALKED ABOUT, LIKE WE SAID FROM THE BEGINNING, A GENERAL RULE PAY TO PLAY CONFLICT.

DON'T DO IT. BUT THEN LOOK AT TO SEE WHETHER AN EXCEPTION APPLIES.

AND THERE ARE A NUMBER OF EXCEPTIONS. SO PERCOCETS OR PERKS OF OFFICE.

NOW AGAIN, LIKE WE TALKED ABOUT WHEN WE HAD LAWS RELATING TO PERSONAL FINANCIAL GAIN, THERE'S ONE OVERARCHING CATEGORY THE FTC SAYS YOU ALL NEED TO BE TRAINED ON. AND NOW IT SAYS YOU NEED TO BE TRAINED ON THE NEXT CATEGORY.

LAWS RELATING TO CLAIMING PERKS OF OFFICE. AND THESE ARE THE LAWS THAT THE FTC SAYS THAT YOU SHOULD KNOW ABOUT.

SO LIKE I DID IN THE LAST SLIDE, THEY'RE ALL SUMMARIZED HERE FOR YOU SO THAT IF YOU HAVE ANY QUESTIONS, YOU CAN GO AND LOOK THEM UP YOURSELF. AND NOW WE'LL TALK ABOUT THEM IN MORE DETAIL.

SO WHAT DO WE MEAN ABOUT PERK OF OFFICE? WELL, THE PERK OF OFFICE CAN BE THIS JUST KIND OF GENERAL NOTION THAT YOU'RE AN ELECTED OFFICIAL, OR MAYBE YOU'RE A MEMBER OF CABINET OR SOME OTHER EMPLOYEE, AND YOU THINK THERE'S CERTAIN PERKS THAT COME WITH THE JOB, LIKE, YOU KNOW, MAYBE YOU HAVE AN OFFICIAL DISTRICT VEHICLES, OR YOU THINK THAT THE CHANCELLOR THINKS YOU CAN HAVE PEOPLE START DRIVING THEM AROUND ON SATURDAYS TO HIS APPOINTMENTS AND, YOU KNOW, AND OR THE TRUSTEES MAKING USE OF CARS, RECEIVING SPECIAL TREATMENTS AROUND TOWN, STUFF LIKE THAT. AND SO THOSE ARE KIND OF WHAT WE TALK ABOUT.

AND WE THINK OF PERKS OF OFFICE. AND THOSE CAN EXTEND TO OFFICIAL THINGS THAT WE'LL TALK ABOUT IN A SECOND.

SO OBVIOUSLY USE OF PUBLIC RESOURCES FOR CAMPAIGN PURPOSES, YOU KNOW, YOU CAN'T DO THAT.

YOU CAN'T USE PUBLIC RESOURCES FOR CAMPAIGN PURPOSES.

AGENT AGENCY CREDIT CARD FOR PERSONAL EXPENSES.

CAN'T DO IT. THERE WAS A CLIENT WHERE A TRUSTEE WAS DOING THAT.

THEN CLAIMED THAT THE ROOMMATE STOLE HIS CREDIT CARD.

SO DON'T USE YOUR CREDIT CARD FOR PERSONAL EXPENSES.

AND ALONG THAT LINE, DO YOU ALL HAVE DISTRICT ISSUED CREDIT CARDS? ALL RIGHT, SO I'LL STOP TALKING ABOUT THAT USE OF STAFF.

TIME FOR FIRST. SO THAT'S GOOD. THAT'S GOOD. IT'S BETTER THAT WAY.

IT KEEPS EVERYBODY OUT OF TROUBLE. USE OF STAFF SOUNDS GREAT.

HEY, YOU GUYS ARE OBVIOUSLY DOING THINGS WRONG.

USE OF STAFF, TIME FOR PERSONAL USE OR PUBLIC.

SO IT'S NOT JUST PUBLIC RESOURCES, NOT EQUIPMENT, NOT JUST EQUIPMENT, PROPERTY, MONEY.

IT'S ALSO EMPLOYEE TIME. CAN'T USE TIME FOR ANYTHING OTHER THAN AN OFFICIAL DISTRICT BUSINESS.

SO, GIFTS. WE HAVE A WHOLE SECTION ON GIFTS THAT WE'LL COVER.

GIFT IS ALMOST ANYTHING OF VALUE, AND IT IS NOT AGAINST THE LAW TO RECEIVE GIFTS, SO THAT MIGHT BE A PERK OF OFFICE.

OUR FIRM HOSTS CLIENT APPRECIATION EVENTS ALL THE TIME.

THERE IS NOTHING ILLEGAL ABOUT DOING THAT. IN FACT I WORK IN THE FRESNO OFFICE AND WE JUST HAD OUR ANNUAL CLIENT APPRECIATION FRESNO STATE TAILGATE, WHERE WE HAVE A BIG TAILGATE PARTY. IT'S CATERED, IT'S DRINKS.

WE GOT TICKETS TO THE GAME. YOU CAN SAY IT'S A PERK OF OFFICE.

THERE'S NOTHING WRONG WITH ACCEPTING THAT GIFT AS LONG AS TWO THINGS HAPPEN.

ONE, YOU REPORT IT. IF YOU RECEIVED $50 OR MORE FROM THAT SOURCE THROUGHOUT THE YEAR.

AND TWO, YOU DON'T EXCEED THE GIFT LIMIT. AND WE'LL TALK ABOUT THOSE IN DETAIL.

BUT IT'S IMPORTANT TO UNDERSTAND THAT YOU CAN ACCEPT GIFTS AS LONG AS YOU COMPLY WITH THE REPORTING OBLIGATIONS AND YOU DON'T GO OVER THE LIMIT.

AND THOSE TWO ARE THE BIG TWO THINGS. AND PEOPLE VIOLATE THEM ALL THE TIME.

AND THEN THEY GET CAUGHT AND THEY GET IN TROUBLE.

[01:20:02]

HONORARIA. HONORARIA IS YOU CAN'T ACCEPT HONORARIA AS A GENERAL RULE.

AND THAT WOULD BE SOMEBODY OFFERING TO PAY YOU TO SPEAK OR TO WRITE AN ARTICLE IN FOR A PARTICULAR PURPOSE RELATING TO YOUR ROLE AS A TRUSTEE OR A MEMBER OF CABINET. SO THESE ARE THE SPECIFIC DETAILS HERE.

SO PAYMENT FOR ANY SPEECH, ARTICLE PUBLISHED, ATTENDANCE AT A CONFERENCE, MEAL OR EVENT.

IF YOU IF THAT HAPPENS, GIVE IT BACK. THERE ARE PENALTIES IF YOU DON'T.

NOW EXCEPTIONS. SO MAYBE YOU'RE HIRED TO WRITE A BOOK, PLAY OR SCREENPLAY.

MAYBE YOU'VE BEEN INVITED TO GIVE A SPEECH AT A CONFERENCE, AND ALL YOU'RE GETTING IS A TRAVEL, FOOD AND LODGING CONNECTION. WITH THAT, YOU'RE NOT GETTING AN ADDITIONAL PAYMENT. IT IS LITERALLY JUST YOUR EXPENSES FOR THAT CONFERENCE OR EARNED INCOME FROM A BONA FIDE BUSINESS OR PROFESSION THAT YOU MIGHT HAVE.

MAYBE YOU GIVE SPEECHES, YOU WRITE ARTICLES, MAYBE THAT'S WHAT YOU DO.

AND AS PART OF YOUR BONA FIDE PROFESSION OR BUSINESS YOU ARE ALLOWED TO ACCEPT INCOME FROM THAT.

USE OF PUBLIC RESOURCES. WE ALREADY TALKED ABOUT THIS.

I HAVE SUMMARIZED THE SOME OF THE APPLICABLE EDUCATION CODE SECTIONS HERE.

AND I HAVE TWO SLIDES FOR THIS. AND I DID THIS BECAUSE WE'RE COVERING SO MUCH INFORMATION.

AND YOU MIGHT HAVE THIS IDEA AFTER TODAY'S TRAINING OR SOMETHING.

OH MAN. LIKE I WANT TO GO LOOK THIS UP. WELL I'VE INCLUDED PREVIOUSLY A LOT OF CODE SECTIONS HERE.

SO HERE ARE THE CODE SECTIONS THAT TALK ABOUT PUBLIC RESOURCES AND POLITICAL ACTIVITIES AND WHAT IS PROHIBITED AND THEN WHAT IS ALLOWED.

SO AS A GENERAL RULE, YOU CAN'T USE FUNDS, SUPPLY, SERVICE OR EQUIPMENT TO SUPPORT OR URGE THE DEFEAT OF A BALLOT MEASURE OR CANDIDATE.

NOW, LET ME ASK YOU THIS. HOW MANY OF YOU I DON'T KNOW IF YOU GUYS DID OR NOT? HOW MANY OF YOU HEARD ABOUT OTHER LOCAL AGENCIES PASSING RESOLUTIONS SAYING PROP 50 IS A GOOD THING, OR PROP 50 IS A BAD THING THAT HAPPENS. IT'S OKAY.

DO YOU PRACTICE PUBLIC AGENCY LAW BY ANY CHANCE? NO. OKAY. OKAY, GOOD. SO IF YOU DO A RESOLUTION LIKE THAT, IT'S OKAY.

BUT YOU HAVE TO DO IT THE RIGHT WAY. YOU HAVE TO.

IT HAS TO BE WORDED THE RIGHT WAY. IT CAN'T BE USING PUBLIC RESOURCES TO URGE THE SUPPORT OR DEFEAT OF THAT BALLOT MEASURE.

BUT YOU ARE A POLITICAL ORGANIZATION COLLECTED BODY.

AND IF YOU DO A RESOLUTION THE RIGHT WAY, IT DOESN'T VIOLATE THE LAW.

BUT AGAIN, THE KEY IS THE RIGHT WAY. THE DIFFERENCE BETWEEN WRONG AND RIGHT IN THIS CASE, OR IN SOME CASES, IS HOW YOU GO ABOUT DOING IT. A LOT OF TIMES, AND THE WORDS YOU USE.

SO THAT IS AN EXAMPLE OF A POLITICAL ACTIVITY.

NOW CERTAINLY IF YOU HAVE A BOND, YOU GUYS ARE YOU GOING OUT FOR A BOND? SO. OH, YOU DID WHAT? OKAY. SO YOU PROBABLY ALL FAMILIAR WITH OKAY, TO GIVE OUT NEUTRAL INFORMATION TO EVERYBODY? YOU CAN'T URGE THE SUPPORT OR DEFEAT. IMPARTIAL, FACTUAL INFORMATION IS FINE.

CERTAINLY OFF DUTY POLITICAL ACTIVITIES. FINE.

AND IN FACT, EMPLOYEES ARE PROTECTED. YOU CAN'T TAKE ACTION AGAINST AN EMPLOYEE BECAUSE OF AN OFF DUTY POLITICAL ACTIVITY, AND THEN CERTAINLY FORM AVAILABILITY FOR POLITICAL ACTIVITIES THAT YOUR DISTRICT HAS A CIVIC CENTER, THAT YOU ALLOW OTHER PEOPLE TO COME ON TO USE PROPERTY, CHARGE THEM FOR CERTAIN EXPENSES, AND THEN YOU CAN'T DISCRIMINATE AGAINST THEM BASED ON THE USE OF THAT FACILITY IN TERMS OF THE CONTENT OF SPEECH.

SO WE TALKED ABOUT THE EDUCATION CODE THAT I JUST SAID.

HERE ARE THE CODE SECTIONS APPLY. WELL GUESS WHAT? CALIFORNIA HAS MADE IT REALLY COMPLICATED BECAUSE NOT ONLY DO THEY SAY HERE ARE THE EDUCATION CODE SECTIONS, BUT YOU CAN'T STOP THERE, THEN YOU HAVE TO GO OVER TO THE GOVERNMENT CODE AND SAY, ARE THERE GOVERNMENT CODE SECTIONS THAT APPLY TO THIS PARTICULAR SITUATION? AND SO HERE ARE SOME GOVERNMENT CODE SECTIONS THAT MIGHT APPLY A GIFT OF PUBLIC FUNDS.

NOW, AS PUBLIC OFFICIALS, YOU SHOULD BE CAUTIOUS THAT YOU ARE ENTRUSTED WITH SPENDING AND APPROVING EXPENDITURES OF PUBLIC RESOURCES.

AND YOU HAVE TO MAKE SURE THAT YOU ARE ONLY APPROVING EXPENDITURES.

THAT PROVIDES A BENEFIT TO THE PUBLIC. IF AN EXPENDITURE DOES NOT PROVIDE A BENEFIT TO THE PUBLIC, IT CAN BE CONSTRUED AS A GIFT OF PUBLIC FUNDS.

THE TEST IS WHETHER OR NOT THERE'S A VALID PUBLIC PURPOSE JUSTIFYING THE EXPENDITURE, SO TRAVEL FOR PAYMENT OF EXPENSES FOR ELECTED SPOUSES. OFFICIALS PROBABLY GIVE THE PUBLIC FUNDS BECAUSE THERE IS NO DIRECT PUBLIC PURPOSE OR BENEFIT BEHIND PAYING FOR THE EXPENSES OF A SPOUSE.

AND WE SAY THAT BECAUSE THIS COMES UP FROM TIME TO TIME, CHARITABLE DONATIONS.

NOW, I IMAGINE IF YOU'RE LIKE MOST DISTRICTS, YOU HAVE EXPENDITURES THAT YOU APPROVE DONATING TO A NONPROFIT.

SO I RECOMMEND THAT BEFORE YOU DO APPROVE THOSE DONATIONS OR EXPENDITURES, YOU IDENTIFY THE PUBLIC PURPOSE BEHIND DOING SO.

AND THEY'RE VERY WELL LIKELY IS OR COULD BE A PUBLIC PURPOSE.

BUT YOU REALLY SHOULD BE TYING WHY ARE WE GIVING MONEY TO THIS ORGANIZATION? HOW IS THAT CONNECTED TO HOW IT BENEFITS THE PUBLIC AND US?

[01:25:04]

AND MOST OF THE TIME, IF YOU ARE SPONSORING A TABLE AT AN ORGANIZATION OR EVENT THAT'S TRYING TO ELEVATE THE IMAGE OF CERRITOS COLLEGE, GET INFORMATION OUT ABOUT CERRITOS COLLEGE, LET STUDENTS KNOW ABOUT CERRITOS COLLEGE.

THERE'S PROBABLY A PUBLIC BENEFIT FOR SOME OF THESE THINGS, BUT BE CAREFUL.

YOU KNOW, MAYBE DONATING TO SAINT JUDE'S CHILDREN HOSPITAL.

IT MIGHT BE HARD TO CONNECT THAT TO A PUBLIC PURPOSE THAT'S REALLY CONNECTED TO YOUR ORGANIZATION OR MISSION.

SO DON'T PRESUME THAT IT'S JUST OKAY TO APPROVE DONATIONS TO CHARITABLE ORGANIZATIONS.

THEY COULD BE CONSTRUED AS A GIFT OF PUBLIC FUNDS.

IT'S IMPORTANT THAT YOU HAVE A GOOD POLICY THAT OUTLINES REIMBURSEMENT OF OFFICEHOLDER EXPENSES.

EXPENSES SHOULD ONLY BE REIMBURSED WHEN THEY ARE NECESSARY.

AND THE ATTORNEY GENERAL SAID THAT NECESSARY MEANS THAT IT'S PRACTICAL NEED BASED ON PREVAILING BUSINESS PRACTICES.

AND CERTAINLY ATTENDING A CONFERENCE IS A NECESSARY EXPENSE.

IT'S IMPORTANT THAT YOU DO THAT FOR YOUR OWN EDUCATION, FOR NETWORKING, FOR PURPOSES OF HELPING TO CONNECT THE COLLEGE TO OTHER RESOURCES.

AND SO THERE IS A PROPER MUNICIPAL PURPOSE THERE.

NOW WOULD THERE BE A IS IT NECESSARY TO FLY Y'ALL FIRST CLASS AND PUT YOU UP IN A FIVE STAR HOTEL AND THEN, YOU KNOW, PRESIDENTIAL SUITE? PROBABLY NOT. I MEAN, IT WOULDN'T BE GREAT.

GREAT PERK OF OFFICE THERE, RIGHT? PROBABLY NOT NECESSARY FOR THAT TYPE OF EXPENSE.

MASS MAILINGS. SO BE CAREFUL THAT THE GOVERNMENT CODE PROHIBITS A MASS MAILING OF 200 OR MORE IDENTICAL PIECES IN A GIVEN MONTH. THAT FEATURE AN ELECTED OFFICIAL.

THE NAME, THEIR PHOTOGRAPH ON THERE. THAT CAN GET YOU INTO TROUBLE.

THERE ARE SOME EXCEPTIONS. LETTERHEADS, MEETING ANNOUNCEMENTS THAT COME OUT. THAT'S OKAY TO HAVE YOUR NAMES.

BUT BE CAREFUL THAT YOU'RE NOT USING PUBLIC FUNDS TO SEND OUT MASS MAILINGS.

AND WHY DO YOU THINK THE LAW EXISTS? ANYBODY WANT TO HAZARD A GUESS? WHAT'S SO IMPORTANT IN POLITICS AND ELECTIONS? NAME RECOGNITION. AND GUESS WHAT? MAN, WOULDN'T IT BE GREAT IF YOU COULD USE THOSE PUBLIC FUNDS TO GET YOUR NAME OUT THERE AND GET SOME FREE NAME RECOGNITION? AND SO THE LAW APPLIES. IT SAYS YOU GOT TO BE CAREFUL AND YOU CAN'T DO THAT.

OBVIOUSLY THERE ARE EXCEPTIONS TO THAT. LIKE WE SAID, CERTAIN LETTERHEADS, MEETING ANNOUNCEMENTS.

SO BE CAREFUL THAT IN THAT SITUATION AGAIN, THIS COULD BE A BIG FINE YOU KNOW, OBVIOUSLY NOT ONLY DOES IT COME WITH FINES, BUT THEN YOU LOSE SOME LEGITIMACY. AS AN ORGANIZATION, IF YOU'RE VIOLATING SOME OF THESE LAWS, YOU CAN'T ACCEPT FREE OR DISCOUNTED TRAVEL. THAT'S ACTUALLY IN THE CALIFORNIA CONSTITUTION.

CALIFORNIA CONSTITUTION SAYS PUBLIC OFFICERS MAY NOT RECEIVE FREE OR DISCOUNTED TRAVEL FROM TRANSPORTATION COMPANIES, WHETHER PERSONAL OR BUSINESS TRAVEL. OKAY. SO INCOMPATIBLE ACTIVITIES.

I'M ONLY GOING TO SPEND 15 SECONDS ON THIS. INCOMPATIBLE ACTIVITIES APPLY.

DON'T APPLY TO ELECTED OFFICIALS. THEY APPLY TO EMPLOYEES. IF YOU HAVE A POLICY, SOME PEOPLE CALL IT THE MOONLIGHTING POLICY TO MAKE SURE THAT EMPLOYEES AREN'T USING THEIR OFFICIAL POSITION FOR PRIVATE GAIN, OR ENGAGING IN OUTSIDE EMPLOYMENT OR OTHER ACTIVITIES THAT MIGHT CONFLICT HAVE SOME KIND OF PROBLEM WITH THEIR EMPLOYMENT.

BUT IT APPLIES ONLY IF YOU HAVE A POLICY AND YOU SHOULD HAVE A POLICY TRANSPARENCY LOSS.

HOW ARE WE DOING ON TIME? I THINK IT'S BEEN AN HOUR.

RIGHT. ALL RIGHT. HEY, I TOLD YOU WE'RE GOING TO HAVE FUN FOR THE NEXT TWO HOURS.

RIGHT. SAYS THE KID. SAYS THE KID IN THE TWO HOUR MATH CLASS.

I WANT SOME. TRANSPARENCY LAWS. ALL RIGHT. SO AGAIN FVC SAYS CATEGORY OF INFORMATION. YOU HAVE TO LEARN LAWS RELATING TO GOVERNMENT TRANSPARENCY.

AND THEY GIVE THREE TOPICS THAT COME INTO THAT PUBLIC RECORDS ACT THE BROWN ACT, ECONOMIC INTEREST DISCLOSURE UNDER THE POLITICAL REFORM ACT.

PURPOSE OF THE TRANSPARENCY LAWS. I WILL SKIP THAT SLIDE BECAUSE I LIKE THIS BETTER.

SO I LIKE THIS STATEMENT IN THE CALIFORNIA PUBLIC RECORDS ACT HERE.

IT'S A LEGISLATIVE DECLARATION THAT SAYS THE LEGISLATURE IS MINDFUL OF THE RIGHT OF INDIVIDUALS TO PRIVACY, FINDS AND DECLARES THAT ACCESS TO INFORMATION CONCERNING THE CONDUCT OF THE PEOPLE'S BUSINESS IS A FUNDAMENTAL AND NECESSARY RIGHT OF EVERY PERSON IN THIS STATE. SO WE TALKED ABOUT AT THE BEGINNING THAT SOME OF THESE ETHICS LAWS ARE ALL DESIGNED AROUND THESE NOTIONS OF OF DEMOCRACY AND BEING A DEMOCRATIC INSTITUTION. AND YOU CAN'T REALLY HAVE AN EFFECTIVE DEMOCRATIC INSTITUTION WITHOUT ADHERING TO THESE PRIVACY,

[01:30:08]

PRIVACY, TRANSPARENCY LAWS THAT ALLOW THE PUBLIC TO UNDERSTAND WHAT IS TAKING PLACE IN THIS ORGANIZATION.

SO I REALLY LIKE THAT THEIR STATEMENT HERE IS A FUNDAMENTAL RIGHT OF EVERY PERSON IN THE STATE.

AND THAT'S THE CALIFORNIA PUBLIC RECORDS ACT.

SO THE GENERAL RULE AND I'M GOING TO GO OFF OF THESE SLIDES HERE AND JUST TALK MORE GENERALLY ON SOME OF THIS STUFF.

SO WHEN WE AND WHEN WE TALK ABOUT IS THAT DOCUMENT A PUBLIC RECORD? WELL, LET ME TELL YOU WHAT. ALMOST EVERY DOCUMENT THAT IS CREATED, MAINTAINED OR OWNED BY THIS ORGANIZATION IS A PUBLIC RECORD, IS A PUBLIC RECORD IF IT RELATES TO THE PUBLIC'S BUSINESS.

SO WHEN PEOPLE TALK ABOUT DOCUMENTS IN THIS ORGANIZATION, IS THAT A PUBLIC RECORD? WHAT THEY REALLY MEAN TO SAY OFTENTIMES IS, IS THAT DOCUMENT EXEMPT FROM DISCLOSURE BECAUSE IT MOST LIKELY IS A PUBLIC RECORD, WHICH IS YOU CAN SEE THIS VERY, VERY BROAD DEFINITION HERE. SO A PUBLIC RECORD IS OBVIOUSLY ANYTHING IN THE DISTRICT'S FILES, ANYTHING THAT IS IN THE HARD COPY FILES, THE SERVERS, THE DISTRICT OWN, ELECTRONIC DEVICES, THE COMPUTERS ALL THOSE THINGS, IF IT RELATES TO THE PUBLIC BUSINESS, ARE GOING TO BE PUBLIC RECORDS.

BUT GUESS WHAT IS ALSO A PUBLIC RECORDS. THAT'S NOT IN THE DISTRICT'S FILES, SYSTEMS OR COMPUTERS.

THERE ARE THINGS ON YOUR PERSON, YOUR THOUGHTS.

YES. YOUR THOUGHTS. WHAT IS THAT LIKE THE MINORITY REPORT AND MOVIE? BUT NO. ON YOUR PERSONAL DEVICES. SO A FEW YEARS AGO, MAYBE TEN YEARS ALREADY THE SUPREME COURT HAS SAID, LOOK, GUYS, WE KNOW WHAT YOU GUYS ARE TRYING TO DO WHEN YOU'RE USING YOUR GMAIL ACCOUNTS AND YOUR PERSONAL CELL PHONES AND TEXT MESSAGES, BUT YOU CAN'T SHIELD THE PUBLIC'S FUNDAMENTAL RIGHTS FROM KNOWING ABOUT THE PUBLIC'S BUSINESS BY USING YOUR PERSONAL DEVICE, YOUR PERSONAL EMAIL ACCOUNT. SO IF YOU ARE USING YOUR PERSONAL EMAIL OR A PERSONAL DEVICE AND IT RELATES TO THE PUBLIC BUSINESS, THAT IS A PUBLIC RECORD. SO WHAT HAPPENS WHEN YOU GET A PUBLIC RECORDS ACT REQUEST THAT SAYS, I WANT ALL THE TEXT EMAILS AND ALL THE EMAILS AND ALL THE PERSONAL ACCOUNTS THAT RELATE TO CERRITOS COLLEGE BUSINESS FOR ALL THE TRUSTEES.

WELL, HOW DO YOU GO ABOUT DOING THAT? WHAT THE WHAT THE SUPREME COURT HAS SAID IS MORE OR LESS YOU GOT TO ASK THE TRUSTEES TO TURN OVER THOSE DOCUMENTS.

WE DON'T THE ORGANIZATION CAN'T GO AND SEARCH YOUR PRIVATE EMAIL ACCOUNT OR YOUR PRIVATE PERSONAL PHONE.

BUT YOU GOT TO ASK TO TURN IT OVER. THERE'S SOME BEST PRACTICES ON HOW TO MAKE THAT HAPPEN.

IN TERMS OF ASKING THE TRUSTEE TO CERTIFY OR FILL AN AFFIDAVIT DECLARATION SAYING I SEARCHED MY PERSONAL EMAIL ACCOUNT AND MY PERSONAL DEVICES, AND I DIDN'T FIND ANY RESPONSIVE EMAILS, TEXT MESSAGES, DOCUMENTS OR WHATEVER.

THAT IS ONE WAY TO DO IT. NOW, WE TALKED ABOUT THE MAYOR IN COACHELLA.

DID ANYBODY FOLLOW THE CITY COUNCIL MEMBER IN PASO ROBLES UP ON THE CENTRAL COAST? ALL RIGHT, SO YOU GOOGLE CITY COUNCIL MEMBER PASO ROBLES, AND YOU WILL SEE HOW THIS CITY COUNCIL MEMBER REFUSED TO TURN OVER STUFF IN HIS PERSONAL ACCOUNT COSTING THE CITY HUNDREDS OF THOUSANDS OF DOLLARS IN LEGAL FEES THAT THE CITY ENDED UP HAVING TO PAY TO THE REQUESTERS ATTORNEYS AND THEN TO DEFEND THE DISTRICT AND THE LAWSUIT. SO THESE SITUATIONS, IF YOU'RE NOT COMPLYING WITH THEM, CAN END UP BEING VERY COSTLY.

SO GO AHEAD. WHEN YOU ARE HAVING TROUBLE SLEEPING AT NIGHT OR WHATEVER, GOOGLE CITY, PASO ROBLES CITY COUNCIL, CPRA AND YOU CAN READ ALL THE ARTICLES ABOUT THAT.

SO OBVIOUSLY THERE ARE EXCEPTIONS. THEY'RE NOT BLANKET EXCEPTIONS.

WHEN YOU DO GET A CPRA REQUEST I DON'T KNOW HOW THIS DISTRICT OR COLLEGE DOES IT.

YOU MIGHT HAVE SOME FOLKS THAT ARE VERY ADEPT AT HANDLING THESE INTERNALLY, OR YOU MIGHT CONSULT WITH LEGAL COUNSEL BUT WITH CERTAIN TYPES OF DOCUMENTS, THERE COULD BE EXEMPTIONS PRIVACY INTERESTS. IT'S NOT BLANKET.

IT'S CALLED A BALANCING TEST. SO WHAT'S THE PUBLIC'S INTEREST IN IN HAVING THAT DOCUMENT DISCLOSED VERSUS THE EMPLOYEES INTEREST IN PRIVACY? OBVIOUSLY ATTORNEY CLIENT PRIVILEGE DOCUMENTS AND OTHER THINGS THAT MIGHT END UP BEING EXEMPT FROM DISCLOSURE.

SO, LIKE WE'VE TALKED ABOUT, THE THEME OF THIS EVENING IS THE RULE IS DISCLOSE IT.

UNLESS AN EXCEPTION APPLIES, THE EXCEPTION COULD APPLY.

IT DOESN'T MATTER WHO THE IDENTITY OF THE REQUESTER IS, IT DOESN'T MATTER WHY THEY'RE REQUESTING THE DOCUMENT.

I MEAN, THIS IS KIND OF FUN. I'M SURE YOU'VE SEEN THIS BEFORE. ARE WE ALONE?

[01:35:04]

YEAH. YES. IF YOU'RE GOING TO CALL ME OUT, I'M GOING TO YOU UP.

THE UNFILTERED CONVERSATION CAUGHT ON CAMERA WEDNESDAY NIGHT AMONG THE BOARD OF TRUSTEES WITH THE OAKLEY UNION ELEMENTARY SCHOOL DISTRICT.

THEY DON'T KNOW WHAT WE DO BEHIND THE SCENES, AND IT'S REALLY UNFORTUNATE THAT THEY WANT TO PICK ON US BECAUSE THEY WANT THEIR BABYSITTERS BACK. RIGHT. RIGHT. ONE MOMENT. GOT BIG LAUGHS AFTER A MEMBER SPOKE ABOUT PARENTS USING MARIJUANA.

MY BROTHER HAD A DELIVERY SERVICE FOR MEDICAL MARIJUANA.

THE CLIENTELE WERE PARENTS WITH THEIR KIDS IN SCHOOL.

THE CANDID DISCUSSION THAT LASTED SEVERAL MINUTES ABRUPTLY CUTS OFF WHEN THEY REALIZE THEY HAD AN AUDIENCE.

OH, WE HAVE THE MEETING OPEN TO THE PUBLIC RIGHT NOW.

NOT SOMEONE NOT ONLY TUNED IN, BUT RECORDED THE MEETING AND UPLOADED IT TO YOUTUBE.

THE BOARD PRESIDENT, LISA BRIZENDINE, CAN BE HEARD APOLOGIZING AT THE END OF THE MEETING.

WE WERE HAVING A PRIVATE CONVERSATION BECAUSE WE WERE WE WERE REALLY STRUGGLING AT THAT MOMENT WITH ALL OF THE BOARD COMMENTS THAT WERE COMING IN, BECAUSE WE WANT WHAT'S BEST FOR KIDS SO BADLY.

OUTRAGED PARENTS QUICKLY FIRED BACK, EVEN STARTING AN ONLINE PETITION DEMANDING THE MEMBERS STEP DOWN.

MY HEART RATE WENT SKY HIGH. I COULDN'T BELIEVE THAT THE COMMENTS THEY WERE MAKING.

AND OVERNIGHT, THE PARENTS GOT WHAT THEY WISHED FOR WHEN EVERY MEMBER OF THE SCHOOL BOARD RESIGNED.

THEY ISSUED A STATEMENT THAT READ IN PART, THIS WAS A DIFFICULT DECISION, BUT WE HEAR THE COMMUNITY'S CONCERNS.

I WILL NOT MAKE EXCUSES FOR WHAT HAPPENED OR WHY IT HAPPENED.

I AM THE SUPERINTENDENT. I AM RESPONSIBLE AND ACCOUNTABLE, AND I'M TRULY SORRY FOR WHAT TOOK PLACE AHEAD OF THESE LATEST AND AHEAD OF THESE LATEST DEVELOPMENTS. OAKLEY PARENTS SAY THAT THEY WERE PLANNING ON PROTESTING LATER ON TODAY.

AND WHILE THEY SAY THEY ARE PLEASED WITH THE RESIGNATIONS, THE GROUP SAYS THEY WILL STILL BE OUT THERE TODAY DEMANDING IN PERSON LEARNING FIVE DAYS A WEEK, AS WELL AS A RETURN OF YOUTH AND SPORTS ACTIVITIES.

KRISTIN. PETER. ALL RIGHT. SO WHY DO PEOPLE SUBMIT PUBLIC RECORDS ACT REQUESTS UNDER THE LAW? IT'S REALLY NOT RELEVANT. BUT KNOW THAT YOU GOT PEOPLE OUT THERE DOING GENUINE, LEGITIMATE RESEARCH.

WE SEE THOSE ALL THE TIME, AND AND SOME OF THEM ARE BIG PAINS TO PROVIDE A BUNCH OF INFORMATION, BUT SOME PEOPLE ARE DOING STUDIES AND RESEARCH.

THEN THERE ARE PEOPLE WHO WANT TO HOLD THE ORGANIZATION ACCOUNTABLE, WHETHER IT'S THEIR PERCEPTION OF SOMETHING'S GONE WRONG OR NOT.

THERE'S SOME CONTROVERSY. THERE'S SOMETHING THEY'RE UNHAPPY ABOUT.

THEY KNOW THAT BEARING AN ORGANIZATION AND PUBLIC RECORDS ACT REQUEST IS A PAIN.

SO THERE'S A NUMBER OF REASONS WHY PEOPLE REQUEST DOCUMENTS.

NOW THERE'S A PROCEDURE TO FOLLOW. I WON'T BORE YOU WITH ALL THOSE DETAILS.

BUT CERTAINLY CONSULT WITH LEGAL COUNSEL IF YOU HAVE QUESTIONS ABOUT THE PROPER PROCEDURE.

THIS WAS A CASE I TALKED ABOUT EARLIER RIGHT HERE, WHERE THE SUPREME COURT SAID THAT THE PUBLIC RECORDS ACT REQUEST PUBLIC RECORDS ACT STATUTE EXTENDS TO ELECTRONIC COMMUNICATION ON PERSONAL DEVICES THAT RELATE TO THE PUBLIC'S BUSINESS RIGHT HERE.

THERE ARE DIFFERENT TECHNIQUES AND THAT WE USE THAT AGENCIES USE TO COMPLY WITH REQUESTS.

AGAIN, CONSULT LEGAL COUNSEL ON THAT. YOU KNOW, THERE'S A DUTY TO ASSIST THE REQUESTER.

IF THE REQUESTERS REQUEST IS NOT CLEAR, YOU HAVE TO FIGURE OUT HOW TO WORK WITH THEM.

NOT DOING THAT IS A VIOLATION. AND YOU KNOW, SOMETIMES PUBLIC RECORDS ACT REQUESTS, VIOLATIONS ARE INADVERTENT.

THEY ONE FALLS THROUGH THE CRACKS. SOMEBODY DOESN'T GET A RESPONSE OUT ON TIME.

AND THEY RESULT IN LITIGATION. AND I AM DEALING WITH THE CASE RIGHT NOW WITH A CLIENT WHERE ONE FELL THROUGH THE CRACKS, AND THEN THE PERSON IN PRO PERS FILING A LAWSUIT AGAINST THE DISTRICT, AND IT'S, YOU KNOW, THEY'VE NOW SINCE COME INTO COMPLIANCE, BUT THEY'VE STILL GOT TO DEAL WITH THE LAWSUIT, AND THEY GOT TO GO THROUGH THE WHOLE PROCESS, AND IT COSTS MONEY. AND THE PROPER IS JUST IS DOING WHAT THE PRO PRO IS DOING. SO IT'S IMPORTANT THAT YOU COMPLY WITH THAT PROCEDURE SO YOU DON'T GET HIT WITH LITIGATION BECAUSE IT IS TIME CONSUMING.

IT'S A DISTRACTION AND IT IS EXPENSIVE. IF I COULD ASK A QUESTION REAL QUICK, HOW MUCH HOW MUCH CAN YOU CHARGE SOMEONE FOR THOSE PUBLIC RECORDS FOR WHAT'S THE FORMULA FOR HOW MUCH YOU CAN CHARGE SOMEBODY? YOU CAN CHARGE THE ACTUAL EXPENSE OF WHAT IT COSTS TO PROVIDE THOSE RECORDS.

AND SO IT USED TO BE YOU'D CHARGE THE COPIES OF, OF MAKING THE COPY OF WHAT IT COSTS.

BUT THESE, THIS DAY AND AGE MOST PEOPLE AREN'T ASKING FOR HARD COPIES.

[01:40:01]

THEY WANT THE, YOU KNOW, A THUMB DRIVE OR THEY WANT SOMETHING.

AND SO THERE ARE SOME EXPENSES YOU CAN CHARGE.

YOU SHOULD HAVE A PUBLISHED RATE IF YOU'RE GOING TO CHARGE SO PEOPLE KNOW ON WHAT IT'S GOING TO BE CHARGED.

BUT THERE ARE LIMITATIONS ON HOW MUCH YOU CAN CHARGE AND WHAT YOU CAN CHARGE FOR WHEN YOU'RE COMPLYING WITH THE PUBLIC RECORDS ACT REQUEST.

SOMETIMES THAT CAN BE THAT'S NOT IN OUR DISTRICT FOR THAT FOR MANY OTHER THINGS.

YEAH. YES. YEAH. AND YOU HAVE TO BE ABLE TO OBVIOUSLY JUSTIFY THAT OR ELSE YOU'LL, YOU KNOW, IN COMPLIANCE WITH LAW. SO IF YOU WANT, YOU CAN HAVE A PUBLISHED SCHEDULE OF WHAT YOU CHARGE TO COMPLY WITH PUBLIC RECORDS ACT REQUESTS.

AND SO THAT MAKES IT EASY. IF YOU HAVE A POLICY THAT SAYS THIS IS WHAT YOU CHARGE FOR, HOW MUCH YOU CHARGE FOR IT.

SO THEN WHEN YOU GET A REQUEST IN, YOU CAN TELL THE REQUESTER BASED ON A POLICY.

THIS IS WHAT IT'S GOING TO COST TO COMPLY WITH YOUR REQUEST.

SO A CHART IS MORE BEST PRACTICE THAN STATUTORILY REQUIRED.

I WOULD SAY YES, THAT IS BEST PRACTICE. OKAY.

THE BROWN ACT. OKAY. SO LIKE I DID WITH THE CPRA I'M GOING TO TALK ABOUT THE LEGISLATIVE DECLARATION, AND THIS IS THE LEGISLATIVE DECLARATION THAT ACCOMPANIED THE ENACTMENT OF THE BROWN ACT.

AND I'M GOING TO LOOK AT TWO SENTENCES HERE. BOTH SENTENCES ARE THE LAST ONES IN EACH PARAGRAPH.

IT IS THE INTENT OF THE LAW THAT THEIR ACTIONS BE TAKEN OPENLY AND THAT THEIR DELIBERATIONS BE CONDUCTED OPENLY.

AND SO WHEN THEY TALK ABOUT THEIR DELIBERATIONS, THAT'S YOU ALL AS TRUSTEES.

AND THEN THE SECOND PARAGRAPH HIGHLIGHTS THE LAST TWO SENTENCES.

THE PEOPLE IN DELEGATING AUTHORITY, WHICH THEY'VE ALL DELEGATED TO YOU WHEN THEY ELECTED YOU, DO NOT GIVE THEIR PUBLIC SERVANTS THE RIGHT TO DECIDE WHAT IS GOOD FOR THE PEOPLE TO KNOW AND WHAT IS NOT GOOD FOR THEM TO KNOW.

THE PEOPLE INSIST ON REMAINING INFORMED SO THAT THEY MAY RETAIN CONTROL OVER THE INSTRUMENTS THEY HAVE CREATED.

AND AGAIN, THIS IS INHERENT TO THE DEMOCRATIC NATURE OF YOUR INSTITUTION.

SO WHAT IS THE BROWN ACT APPLY TO? THE BROWN ACT APPLIES TO, QUOTE UNQUOTE, LEGISLATIVE BODIES.

WHAT IS A LEGISLATIVE BODY? WELL THE THE STATUTE DEFINES CERTAIN STATUTORY LEGISLATIVE BODIES, LIKE A GOVERNING BOARD OF AN AGENCY OR AGENCY CREATED BY LAW.

OBVIOUSLY, YOU ARE A LEGISLATIVE BODY, BUT OTHER ORGANIZATIONS OR BODIES OF THIS DISTRICT COLLEGE ARE ALSO BROWN ACT LEGISLATIVE BODIES. YOUR ACADEMIC SENATE IS A BROWN ACT LEGISLATIVE BODY.

YOUR OR STUDENT SENATE OR STUDENT GOVERNMENT.

WHAT YOU GUYS CALL IT HERE? ASG, SCC, BROWN ACT.

IF YOU WERE TO CREATE A STANDING COMMITTEE WHEN I SAY STANDING COMMITTEE, LIKE SOME DISTRICTS MIGHT HAVE, LIKE THE FINANCE COMMITTEE AND THE FINANCE COMMITTEE MEETS ON A REGULAR BASIS.

AND THEY'RE STANDING COMMITTEE WITH WHAT'S CALLED CONTINUING JURISDICTION. THAT WOULD BE ANOTHER LEGISLATIVE BODY THAT IS SUBJECT TO THE BROWN ACT.

AND OBVIOUSLY CERTAIN OTHER BODIES OF PRIVATE CORPORATIONS AND LLCS.

I'D HAVE AN AUXILIARY FOUNDATION. AUXILIARY FOUNDATIONS HATE THIS, BUT THEY ARE ALSO BROWN ACT LEGISLATIVE BODIES.

AND AS A LEGISLATIVE BODY, YOU MUST HAVE YOUR MEETINGS, MUST BE OPEN TO THE PUBLIC AND MUST BE CONVENED UPON PROPERLY POSTED NOTICE AND AGENDA. THOSE ARE THE TWO BASIC REQUIREMENTS FOR A PROPER MEETING, OPEN TO THE PUBLIC, CONVENED UPON PROBABLY POST NOTICE AND AGENDA.

SO WHAT IS A MEETING? WELL, DANG, MEETING IS DEFINED VERY BROADLY.

SOME PEOPLE THINK, WELL, WE DIDN'T HAVE A MEETING BECAUSE WE DIDN'T HAVE AN AGENDA. NO NO NO NO, THAT'S NOT HOW THE LAW DEFINES A MEETING.

A MEETING IS DEFINED AS ANY TIME A QUORUM OF YOU CONGREGATE AT THE SAME TIME AND LOCATION TO HEAR, DISCUSS, DELIBERATE, OR TAKE ACTION ON ANY ITEM THAT IS WITHIN THE SUBJECT MATTER JURISDICTION OF THE LEGISLATIVE BODY.

OKAY, THOSE ARE A WHOLE LOT OF WORDS HERE, BUT WHAT I WANT TO FOCUS ON IS THE PART THAT SAYS TO HEAR, BECAUSE I THINK IT'S PRETTY OBVIOUS FOR MOST PEOPLE THAT CONGREGATING AT THE SAME TIME AND LOCATION TO DISCUSS DISTRICT BUSINESS.

OKAY, MEETING. WE CAN'T DO THAT TO DELIBERATE ON DISTRICT BUSINESS.

OKAY. MEETING. WE CAN'T DO THAT OR TAKE ACTION.

WE CAN'T DO THAT. UNLESS, OF COURSE, IT'S PURSUANT TO A PROPERLY NOTICED AGENDA IN AN OPEN MEETING.

WHAT? THE ATTORNEY GENERAL HAS RECENTLY SAID THE ATTORNEY GENERAL DEALT WITH THIS ISSUE OF WHAT IT MEANS TO HEAR.

AND THEY ISSUED AN OPINION LAST YEAR IN 2024.

AND THE ATTORNEY GENERAL SAYS THE WORD TO HEAR OR THE MEANING OF TO HEAR COULD HAVE A COUPLE DIFFERENT MEANINGS.

IT CAN MEAN LIKE TO HEAR AN EMPLOYEE DISCIPLINARY APPEAL WHERE YOU'RE OPERATING AS A FACT FINDER,

[01:45:07]

YOU'RE ADJUDICATING THE ALLEGATIONS AND THE APPROPRIATENESS OF THE DISCIPLINE.

OR TO HEAR CAN SIMPLY MEAN TO LISTEN TO IT WITH ATTENTION OR UNDERSTANDING.

SO, ACCORDING TO THE ATTORNEY GENERAL'S OPINION A LITTLE OVER A YEAR AGO, CONGREGATING AT THE SAME TIME AND LOCATION TO HEAR INFORMATION WITHIN THE SUBJECT MATTER JURISDICTION OF THE BODY CAN BE A MEETING. BUT GUESS WHAT THE THEME OF THE EVENING IS, LADIES AND GENTLEMEN.

IT DEPENDS. AND THERE CAN BE SOME EXCEPTIONS.

SO MEETING EXCEPTIONS, INDIVIDUAL COMMUNICATIONS THAT ARE NOT SERIAL MEETINGS.

AND WE'LL TALK ABOUT SERIAL MEETINGS, CONFERENCES IN THE SAME FIELD OPEN TO THE PUBLIC.

HOW MANY OF YOU ARE GOING TO CLC IN A COUPLE OF WEEKS? COUPLE OF YOU. ALL RIGHT, SO CONFERENCE IN THE SAME FIELD.

CLC CHECKS THAT BOX. IT'S OPEN TO THE PUBLIC.

PEOPLE CAN REGISTER AND GO AND PAY. THE LAW DOESN'T SAY THAT THEY NEED TO BE ABLE TO ATTEND FOR FREE.

SO IT'S PERFECTLY FINE FOR ALL OF YOU TO GO TO CLC AND ATTEND THE CONFERENCE.

PARTICIPATE IN THE CONFERENCE PARTICIPATE IN THE AGENDA AS LONG AS YOU DON'T DISCUSS OFFICIAL DISTRICT BUSINESS AMONGST YOURSELVES.

SO YOU CAN'T GO THERE, CORNER OFF TO THE SIDE AND TALK ABOUT HOW THE MATERIAL IMPACTS THIS DISTRICT, THIS COLLEGE. BUT IT'S FINE FOR YOU ALL TO ATTEND THE SAME CONFERENCE, COMMUNITY MEETINGS OPEN TO THE PUBLIC.

SO YOU HAVE A COMMUNITY ORGANIZATION THAT'S OPEN TO THE PUBLIC HOLDING A MEETING YOU CAN ATTEND THAT ATTENDING ANOTHER LEGISLATIVE BODIES BROWN ACT COMPLIANT MEETING, CITY COUNCIL MEETING, BOARD OF SUPERVISORS MEETING, ANY DISTRICT MEETING OR STANDING COMMITTEE MEETING.

THAT'S FINE TO ATTEND PURELY SOCIAL OR CEREMONIAL EVENTS.

AGAIN, 5 TO 10. WELL, YOU KNOW, YOU'RE CELEBRATING A BIRTHDAY, A WEDDING, SOME SOME TYPE OF SOCIAL EVENT OR CEREMONIAL EVENT.

THAT'S FINE. BUT AGAIN, IN ALL THOSE EXCEPTIONS, YOU CAN'T ALL TALK ABOUT BUSINESS AMONGST YOURSELVES BECAUSE THAT WOULD BE AN IMPROPER BROWN ACT MEETING. BROWN ACT SOCIAL MEDIA. SO THIS IS WITHIN THE LAST COUPLE YEARS, RELATIVELY NEW.

I DON'T KNOW, I CAN'T KEEP TRACK OF TIME THESE DAYS, 3 OR 4 YEARS OLD.

BUT UNTIL RELATIVELY RECENTLY, THE LAW WAS SILENT ON WHAT ABOUT SOCIAL MEDIA? BECAUSE AS ELECTED OFFICIALS, YOU ALL HAVE SOCIAL MEDIA ACCOUNTS AND YOU POST STUFF ON YOUR SOCIAL MEDIA.

WELL, IF YOU POST SOMETHING AND YOUR OTHER TRUSTEES READ IT IS THAT KIND OF LIKE THE OTHER TRUSTEES? THEN KNOW WHERE YOU ARE ON A PARTICULAR ISSUE OR TOPIC? AND THE LEGISLATURE CLARIFIED AND SAID, LOOK, THAT'S FINE.

YOU CAN PROVIDE INFORMATION TO THE PUBLIC. YOU CAN SOLICIT INFORMATION TO THE PUBLIC.

BUT YOUR SOCIAL MEDIA PLATFORM MUST BE FREE, OPEN AND ACCESSIBLE TO THE PUBLIC.

YOU CAN'T BLOCK MEMBERS OF THE PUBLIC ON YOUR SOCIAL MEDIA PLATFORM.

AND OH, BY THE WAY, THAT HAS A WHOLE DIFFERENT SET OF FIRST AMENDMENT IMPLICATIONS.

I'D LOVE TO TALK ABOUT THAT, BUT THAT'S NOT WHAT THIS TRAINING IS FOR.

BUT THEY HAVE VERY INTERESTING FIRST AMENDMENT IMPLICATIONS. YOU CAN'T BLOCK MEMBERS OF THE PUBLIC, EXCEPT OBVIOUSLY IF THE PLATFORM BLOCKS IT. SO IF THAT PLATFORM INDEPENDENTLY BLOCKS THE PERSON BECAUSE THEY'RE VIOLATING PLATFORM RULES.

DIFFERENT SITUATION. YOU CAN'T RESPOND TO EACH OTHER'S POSTS ABOUT DISTRICT BUSINESS.

AND THAT INCLUDES THINGS LIKE THUMBS UP HIGH FIVE SMILEY FACE EMOJIS OR CRYING EMOJIS, WHATEVER.

SO IF A TRUSTEE POSTS SOMETHING ABOUT OFFICIAL DISTRICT BUSINESS ON SOCIAL MEDIA, YOU CAN'T RESPOND TO EACH OTHER OR INCLUDING USING EMOJIS. SWAGIT ACCOUNT AND SO YES YOU CAN.

AND THAT'S IMPORTANT FOR FIRST AMENDMENT PURPOSES TO DISTINGUISH BETWEEN YOUR PRIVATE ACCOUNT AND YOUR PUBLIC ACCOUNT.

SO YOU NEED TO MAKE SURE OBVIOUSLY THE LINE IS CLEAR ON YOU KNOW, THIS IS YOU KNOW, PURELY PRIVATE ONE.

AND AND I THINK IT'S ESPECIALLY FOR THE FIRST AMENDMENT THAT YOU MAKE IT VERY CLEAR THAT THIS IS PRIVATE.

MY FRIENDS, MY FAMILY DISCONNECTED FROM MY ROLE AS A TRUSTEE FROM THE OFFICIAL BUSINESS OF THE DISTRICT, BECAUSE YOU MIGHT NOT WANT EVERYBODY IN THERE YOUR MOM, FRIENDS, GRANDMA, EVERYBODY TO BE FRIENDS WITH YOU ON YOUR PRIVATE ACCOUNT.

AND YOU MIGHT WANT TO BLOCK PEOPLE IF SOMEBODY BECOMES A FRIEND OR WHATEVER. SO YEAH, BE CAREFUL IN HOW YOU DELINEATE THAT.

BUT YOU CAN'T HAVE A PRIVATE ACCOUNT. SO WHAT IS A SERIAL MEETING? I'M SURE YOU'VE ALL HEARD THIS BEFORE. THERE'S THE HUB AND SPOKE AND DAISY CHAIN.

SO THIS IS AN EXAMPLE OF A DAISY CHAIN WHERE YOU HAVE A FIVE MEMBER BOARD AND YOU HAVE DISCUSSIONS BETWEEN THREE TRUSTEES, AND YOU HAVE ONE TRUSTEE THAT IS OPERATING AS THE HUB AND RELAYING THE INFORMATION.

SO THAT WOULD BE A SERIAL MEETING IN THIS SITUATION.

THIS IS A SITUATION OF A HUB AND SPOKE WHERE THE SUPERINTENDENT MIGHT SEND OUT INFORMATION TO THE

[01:50:01]

BOARD. THAT'S FINE TO DO ONE WAY COMMUNICATION IS FINE TO DO, BUT ONE TRUSTEE HAPPENS TO HIT REPLY.

ALL SAYS, I THINK THAT'S A HORRIBLE IDEA. WHAT ARE YOU DOING? PRESIDENT. WE CAN'T BE DOING THIS, OR I WANT YOU TO BE DOING THIS OR WHATEVER.

AND NOW EVERYBODY KNOWS THAT WHAT? THAT PARTICULAR TRUSTEE'S POSITION IS ON IT.

AND THERE'S NOW COMMUNICATION CHAIN ON A PARTICULAR SUBJECT AMONG A QUORUM OF BOARD MEMBERS.

THAT WOULD BE AN IMPROPER HUB AND SPOKE OR HUB AND SPOKE MEETING IN THAT PARTICULAR CASE.

SO YOU GUYS USE THE BCC OR YOU BLIND COPY ALL THE TRUSTEES TO AVOID THE REPLY ALL.

YEAH, MOST PEOPLE DO THAT NOW. WHAT IS NOT A SERIAL MEETING? ONE WAY COMMUNICATIONS WHERE THE PERSON YOU'RE COMMUNICATING WITH DOES NOT RELAY THAT INFORMATION TO ANY OTHER TRUSTEE.

SO PEOPLE CAN DO IT INADVERTENTLY. MEMBERS OF THE PUBLIC COME UP TO YOU.

WE TALKED ABOUT TO YOU ABOUT ONE THING, AND THEN THEY GO OVER TO YOU AND SAY, WELL, TRUSTEE, YOU KNOW, SAID THIS TO ME. WELL, YOU KNOW, YOU HAVE TO BE CAREFUL ABOUT.

SO THIS IS PERFECTLY FINE ONE WAY COMMUNICATION FROM THE SUPERINTENDENT TO EACH OF THE TRUSTEE.

AND THIS IS PERFECTLY FINE COMMUNICATION BACK AND FORTH BETWEEN THE TRUSTEES AND THE SUPERINTENDENT.

AND THAT'S FINE AS LONG AS THE SUPERINTENDENT DOESN'T COMMUNICATE THE COMMENTS OR POSITION OF THE OTHER MEMBERS.

SO BROWNBACK HOSTING CLOSED SESSION. I CAN ALREADY TELL FROM LISTENING TO ANDREA, SHE'S ON TOP OF THIS STUFF.

SO I DON'T KNOW THAT WE REALLY GOT TO FOLLOW THIS. I WAS LIKE, DANG, I GOT TO TAKE SOME NOTES HERE BECAUSE THE WAY SHE HANDLED THE REMOTE TRUSTEE, THAT WAS REALLY GOOD. SO JUST REALLY JUST JUST KIDDING.

YEAH. SO OBVIOUSLY MAKE SURE THE AGENDAS ARE POSTED IN A TIMELY MANNER.

MAKE SURE YOU'RE NOT GOING INTO CLOSED SESSION UNLESS IT'S EXPLICITLY AUTHORIZED BY STATUTE JUST BECAUSE YOU THINK LIKE, OH, WELL, WE DON'T REALLY WANT TO TALK ABOUT THIS IN PUBLIC. WELL, THAT DOESN'T MEAN THAT YOU CAN GO INTO CLOSED SESSION AND TALK ABOUT IT.

YOU HAVE TO HAVE A SPECIFIC STATUTE THAT SAYS YOU CAN GO TO CLOSED SESSION AND TALK ABOUT SOMETHING.

MUST GIVE THE AGENDA PACKET DOCUMENT. SO THE AGENDA IS THE THING THAT REALLY SAYS THIS IS THE BUSINESS THAT WE'RE GOING TO TALK ABOUT THE PACKET AND ALL THE OTHER DETAIL.

WHAT WHAT ELECTRONIC PLATFORM DO YOU USE FOR YOUR AGENDA BOARD DOCS.

SO YOU PUT ALL THE EXTRA STUFF IN BOARD DOCS.

THAT'S NOT REALLY PART OF THE THAT'S NOT THE AGENDA.

THE AGENDA IS ACTUALLY LIKE THE TITLES. BUT ALL THAT INFORMATION THAT YOU PUT IN THERE IS GOOD.

AND CERTAINLY MEMBERS OF THE PUBLIC HAVE A RIGHT TO HAVE ACCESS TO THE AGENDA PACKET AND OTHER INFORMATION THAT'S DISTRIBUTED TO THE BOARD.

THE PUBLIC HAS A RIGHT TO RECORD THE MEETING.

AND IF YOU'RE RECORDING THE MEETING ARE WE RECORDING THE MEETING? SO THIS IS GOING TO LIVE ON FOR A WHILE WONDERFUL.

THEY HAVE A RIGHT TO REQUEST THE RECORDING FOR AS LONG AS YOU KEEP IT FOR AT LEAST 30 DAYS.

AND VIDEOTAPE. MAN. GOOD. ALL RIGHT. ARE YOU GLAD YOU DRESSED UP? I'M GLAD I DRESSED UP. WHAT'S THAT? AND IT'S LIVE.

I LOVE IT. HOW MANY? HOW MANY PEOPLE DO WE HAVE ON TONIGHT? YOU KNOW, IT COULD BE MORE THAN WE HAVE IN THE AUDIENCE, EVEN.

YEAH. SO THE CONSEQUENCES OF A BROWN ACT VIOLATION VOIDING THE DECISION.

PENALTIES IF IT'S INTENTIONAL, IT CAN BE FINES AND IT CAN BE A MISDEMEANOR.

FORM 700 AND GIFTS. ALL RIGHT. SO FORM 700. I'VE DONE THIS TRAINING BEFORE AT CONFERENCES. I SAY, OKAY, SO WHO IN HERE IS A FORM 700 FILER? WHO IS NOT A FORM 700 FILER WHO DOESN'T KNOW WHETHER THEY'RE A FORM SEVEN? ALL RIGHT, ALL RIGHT, ALL RIGHT. SO MY GUESS IS AND AND I'M SORRY, OBVIOUSLY, I DON'T KNOW WHAT'S YOUR ROLE IN THE ORGANIZATION.

PROBABLY SENATE PRESIDENT. FACULTY, SENATE PRESIDENT. YEAH. YOU YOU WOULDN'T BE A DESIGNATED POSITION FOR 700. BUT SOMETIMES I SAY THAT IF YOU DON'T KNOW, WE'RE WE GOT WE GOT SOME TRAINING TO DO HERE, BUT FORM 700 STATEMENT OF ECONOMIC INTEREST.

SO THE ACTUAL STATEMENT IS CALLED A STATEMENT OF ECONOMIC INTEREST AND IT'S FORM 700.

SO FOR SHORT WE SAY FORM 700 AND IT REQUIRES DESIGNATED INDIVIDUALS, COVERED OFFICIALS TO FILL OUT A FORM 700 DURING CERTAIN TRIGGERING EVENTS OR CERTAIN PERIODIC INTERVALS.

AND WE'LL TALK ABOUT THAT. SO BY STATUTE, THERE ARE CERTAIN POSITIONS THAT MUST FILL OUT THE FORM 700 BEYOND THOSE POSITIONS THAT MUST FILL OUT A FORM 700. A LOCAL AGENCY HAS A DISCRETION TO DESIGNATE WHICH POSITIONS AT THAT AGENCY MUST FILL OUT A FORM 700, AND WHAT DISCLOSURE CATEGORY THEY FALL INTO. WHEN WE TALK ABOUT DISCLOSURE CATEGORY, WE'RE TALKING ABOUT HOW MUCH STUFF THEY GOT TO PUT ON THEIR

[01:55:10]

FORM 700. SO ELECTED TRUSTEES AT CVO, THE PRESIDENT SUPERINTENDENT WOULD BE AT THE HIGHEST DISCLOSURE CATEGORY, HAVING DISCLOSED ALMOST EVERYTHING. AND THEN YOU MIGHT HAVE PEOPLE THAT MIGHT HAVE A LOWER DISCLOSURE CATEGORY BECAUSE THE GOVERNMENT DECISIONS THEY MIGHT INFLUENCE OR BE INVOLVED OR PARTICIPATE IN MAKING ARE MORE NARROW.

SO THEY MIGHT ONLY HAVE TO DISCLOSE CERTAIN FINANCIAL INTERESTS OR CERTAIN INTERESTS.

SO CERTAIN OFFICIALS ARE DESIGNATED REQUIRED BY STATUTE AND OTHER ONES ARE DESIGNATED WHAT'S CALLED A CONFLICT OF INTEREST CODE.

AND THAT CAN BE UPDATED WITH YOUR COUNTY ALTHOUGH YOU GENERATED IT HAS TO GO THROUGH A COUNTY PROCESS, AND THEN YOU HAVE THE COUNTY CONFLICT OF INTEREST CODE ON WHO? SORRY, YOUR CONFLICT OF INTEREST CODE ON WHO MUST DISCLOSE WHAT ON THEIR FORM 700.

SO WHERE DO YOU GET THIS? WELL, YOU CAN GET IT ON THE FPPC WEBSITE.

I'M SURE THAT YOU HAVE COPIES, BUT WHEN ARE YOU REQUIRED TO DO A FORM 700? YOU'RE REQUIRED TO FILL ONE OUT WITHIN 30 DAYS OF TAKING OFFICE, WITHIN 30 DAYS OF LEAVING OFFICE, AND ON AN ANNUAL BASIS POSTMARKED BY APRIL 1ST OF EVERY YEAR.

WHERE DO YOU FILE IT? COUNTY BOARD OF SUPERVISORS OR WITH THE DISTRICT'S FILING OFFICER.

AND THE FORM 700 IS A PUBLIC DOCUMENT ONCE FILED.

NOW PEOPLE SAY IT'S A PUBLIC RECORD IS A PUBLIC RECORD, BUT THERE'S A WHOLE NOTHER LAW THAT TALKS ABOUT HOW FORM 700, FORM 700 ARE ALLOWED TO BE DISCLOSED AND INSPECTED AND ALL THIS OTHER KIND OF STUFF.

SO THEY ARE PUBLIC DOCUMENTS. AND REALLY, I THINK THE ONLY THING YOU CAN REDACT FROM THERE IS LIKE YOUR SIGNATURE.

SO PEOPLE DON'T TRY TO GET YOUR SIGNATURE. SO ON THAT NOTE, IT'S JUST A LITTLE FUNNY STORY.

LAST NIGHT MY SIXTH GRADE DAUGHTER WAS LIKE, DAD, TELL ME AGAIN, SHOW ME AGAIN.

HOW DO YOU SIGN? HOW DO YOU SIGN YOUR NAME? AND SHE'S SITTING THERE TRYING TO PRACTICE.

HOW IS THIS CLOSE? AND I THOUGHT THAT WAS KIND OF CUTE. AND THEN THIS MORNING, SHE COMES INTO MY ROOM AND SAYS, DAD, CAN YOU SIGN THIS? AND IS THERE A DETENTION SLIP? AND I GO, THAT'S I, I'M DISAPPOINTED, BUT I'M GOOD THAT YOU DECIDED NOT TO GO AHEAD AND SIGN MY NAME TO IT.

AND THAT'S WHY YOU WERE PRACTICING LAST NIGHT, WEREN'T YOU? YES.

SO I THINK PRETTY MUCH THAT'S THE ONLY THING YOU CAN REDACT OFF. YOUR FORM 700 IS YOUR SIGNATURE, SO PEOPLE DON'T GO AND COPY IT. ALL RIGHT, SO WE TALK ABOUT THE WHAT NEEDS TO BE DISCLOSED.

AND OBVIOUSLY THERE ARE FORMS FOR DISCLOSING YOUR INCOME, FORMS FOR DISCLOSING INVESTMENTS, FORMS FOR DISCLOSING REAL ESTATE INTERESTS AND THERE'S FORMS FOR GIFTS.

SO WE'RE GOING TO TALK ABOUT GIFTS BECAUSE THAT'S THE ONE THAT TENDS TO GET PEOPLE INTO TROUBLE.

BUT KEEP IN MIND THAT YOU HAVE TO ACCURATELY COMPLETE THOSE FORMS. AND IF YOU LISTING ALL OF YOUR INCOME SOURCES AND ALL THESE OTHER KIND OF THINGS.

SO GIFTS, SITUATION, SUPERINTENDENT, BOARD MEMBERS ACCEPT INVITATIONS, THEY GO ON A BUS, HAVE A FANCY SIT DOWN DINNER SPONSORED BY A VENDOR OF THE DISTRICT.

IT'S A REALLY FUN TIME. IT'S JUST A BUSINESS DINNER, RIGHT? YOU GUYS ARE THERE TALKING ABOUT DISTRICT BUSINESS? YOU'RE OBVIOUSLY NOT VIOLATING THE BROWN ACT OR ANYTHING.

BUT THEN SOMEBODY REPORTS IT, THE FPPC GETS INVOLVED, AND YOU HAVE HEADLINES ABOUT HIDDEN GIFTS AND ALL THESE OTHER KIND OF THINGS. SO THE ARTICLE ABOUT THIS PARTICULAR SITUATION THAT'S QUITE OLD IS THAT THERE WERE $18,000 IN FINES ACROSS THE BOARD FOR A NUMBER OF DIFFERENT OFFICIALS AND AGENCIES BECAUSE PEOPLE WERE NOT CORRECTLY REPORTING THEIR GIFTS.

AND AGAIN AS LONG AS YOU STAY UNDER THE GIFT LIMIT, THERE IS NOTHING WRONG WITH YOU ACCEPTING A GIFT AS LONG AS YOU REPORT IT.

AND WE'LL TALK ABOUT THAT REPORTING THRESHOLD MORE IN A SECOND.

SO BEFORE I GO THIS, LET ME TELL YOU ANOTHER STORY OR ANOTHER REAL LIFE STORY.

AND I DON'T KNOW WHAT THE FPPC HAS SETTLED ON, BUT THERE IS A DISTRICT WITH A TRUSTEE WHO'S NO LONGER A TRUSTEE AT THAT DISTRICT WHO WENT TO A CONFERENCE, AND THE SUPERINTENDENT SPONSORED THE DINNER OUT OF THE SUPERINTENDENT'S OWN POCKET FOR THE TRUSTEES.

THE STEAKHOUSE IS A PREFIXED MEAL. I DON'T KNOW WHAT IT WAS LIKE, YOU KNOW, $200 PREFIXED DINNER OR SOMETHING LIKE THAT.

AND THE SUPERINTENDENT WAS PAYING FOR IT HIMSELF FOR THE TRUSTEES, AND ONE TRUSTEE TOOK IT UPON HIMSELF TO ORDER OFF THE PREFIXED MENU ORDER SOME VERY EXPENSIVE STEAKS, SOME VERY EXPENSIVE $600 BOTTLES OF WINE, SOME TOP SHELF WHISKEY, AND RACKED UP A SEVERAL THOUSAND DOLLARS TAB JUST FOR THAT PARTICULAR TRUSTEE.

[02:00:02]

WELL, SOMEBODY REPORTED THAT THAT TRUSTEE DIDN'T LIST THAT ON HIS FORM 700.

SO THAT TRUSTEE THEN GOES AND LISTS THE PREFIXED DINNER VALUE ON HIS FORM 700.

SO FIRST OF ALL, YOU CAN THINK OF LIKE, JEEZ, WHERE DID THE ERROR IN JUDGMENT GO WRONG IN THIS CASE.

WAS IT ORDERING OFF THE PREFIXED MENU? WAS IT? OH, AND THE TRUSTEE APPARENTLY WAS TELLING. AND THIS IS ALL STUFF I'VE READ IN THE NEWS.

SO WHAT I'M SHARING WITH YOU IS ONLY STUFF RIGHT IN THE NEWS.

WAS APPARENTLY TELLING THE SERVER. YEAH, THAT SHOT OF WHISKEY. THERE WAS $100 SHOT OF WHISKEY.

GO AHEAD AND RING THAT UP AS ANOTHER TOMAHAWK STEAK INSTEAD.

AND SO WHERE DID THE JUDGMENT OR JUDGMENT GO WRONG? DID THEY ORDERING OFF PREFIX NOT FOLLOWING THE PREFIXED MENU, TELLING THE SERVER TO RING UP EXPENSIVE SHOTS AS TOMAHAWK STEAKS.

NOT LISTING ANYTHING ON THE FORM 700 WHEN CALLED OUT ON IT, ONLY LISTING THE THE PREFIX MENU VALUE OF $200 ON THE FORM 700.

AND SO LONG STORY SHORT OF IT IS THE FPPC WAS INVESTIGATING THIS INCIDENT AND I DON'T KNOW WHAT END UP COMING OF IT, COMING OF IT, OR WHAT'S BEEN FOUND OF IT. AND AS ALL THINGS, PEOPLE ARE PRESUMED INNOCENT UNTIL FOUND GUILTY OR FOUND LIABLE, WHATEVER YOU CAN SAY, ALTHOUGH I DIDN'T RELEASE ANY IDENTIFYING INFORMATION.

SO INSTEAD OF IT'S KIND OF, IS IT A BRIBE OR IS IT A RELATIONSHIP BUILDER? WELL, IT REALLY GOES TO WHETHER OR NOT WHAT'S THE INTENT BEHIND THE GIFT? NOTHING WRONG WITH GIFTS, BUT THE INTENT BEHIND THE GIFT IS TO INFLUENCE YOU, TO TAKE ACTION NOW ON SOMETHING, OR TO TAKE ACTION IN THE FUTURE ON SOMETHING THAT WILL BENEFIT THE GIFT GIVER.

IT COULD CROSS INTO THAT TERRITORY OF BRIBERY THAT WE TALKED ABOUT.

SO LET'S TALK ABOUT, YOU KNOW, OBVIOUSLY, WE TALK ABOUT ALL THESE THINGS.

WE CARE BECAUSE CARE ABOUT GIFTS, BECAUSE WE WANT TO MAKE SURE THAT THE PUBLIC WANTS TO MAKE SURE PUBLIC OFFICIALS ARE NOT GIVING FAVORABLE TREATMENT TO PEOPLE WHO GIVE THEM GIFTS, THAT IT'S TRANSPARENT, THAT THERE'S INTEGRITY, ACCOUNTABILITY, TRANSPARENCY. SO THE DEFINITION OF A GIFT, THIS IS VERY, VERY BROAD.

SO A GIFT IS BASICALLY ANYTHING OF VALUE THAT YOU RECEIVE UNLESS AN EXCEPTION APPLIES.

AND THERE ARE A NUMBER OF EXCEPTIONS. SO A GIFT IS COULD BE MONEY.

IT COULD BE GOODS, IT COULD BE SERVICES THAT CONFERS A BENEFIT TO YOU OR AN IMMEDIATE FAMILY MEMBER, BECAUSE GIFTS TO IMMEDIATE FAMILY MEMBERS CAN BE ATTRIBUTED TO AS A GIFT TO YOU, IN WHICH YOU DO NOT PROVIDE FULL CONSIDERATION FOR THE VALUE YOU RECEIVE.

SO THESE ARE THINGS THAT COUNT AS GIFTS. PRESENTS.

MEALS. TICKETS. WE ALREADY TALKED ABOUT THE FAMILY MEMBER.

OKAY, SO BY THE NUMBERS GIFTS OF $50 OR MORE OR AGGREGATING $50 OR MORE FROM A SINGLE REPORTABLE SOURCE IN A CALENDAR YEAR MUST REPORTED ON FORM 700. SO IF I TAKE PRESIDENT.

PIERRO OUT TO LUNCH FOR $25 THERE IS NOTHING TO REPORT IF THAT'S THE ONLY THING WE VALUE.

THINGS I'VE GIVEN TO HIM, OR RATHER, JUST GIVEN TO HIM DURING THE CALENDAR YEAR.

NOW, IF I TAKE HIM OUT TO LUNCH TWICE AND EACH LUNCH IS $25.

NOW HE HAS $50 OF GIFTS AGGREGATING IN THAT CALENDAR YEAR THAT HE MUST REPORT ON HIS FORM 700.

AND FCBC HAS DIFFERENT FORMS AND SHEETS. AND THERE'S I'M SURE THERE'S PROBABLY AN APP FOR TRACKING YOUR GIFTS.

WHEN I WAS A FORM 700 FOLLOWER, I'D KEEP A FOLDER IN MY OUTLOOK AND I FOR GIFTS, AND I'D SEND AN EMAIL TO MYSELF SAYING SO-AND-SO BOUGHT ME LUNCH TODAY AND I'D KEEP TRACK OF IT. SO THEN AT THE END OF THE YEAR, WHEN IT CAME TIME TO REPORT MY GIFTS, I HAD THAT FOLDER THERE AND I'D DECIDE, YOU KNOW, WHAT NEEDED TO BE REPORTED OR WHAT I DIDN'T NEED TO REPORT.

SOME THINGS, LIKE, I REMEMBER I WENT TO A CONFERENCE AND WE WENT OUT TO A FANCY, VERY FANCY DINNER WITH, LIKE, FOOD AND WINE AND ALL THIS OTHER KIND OF STUFF.

AND THE THERE WERE LIKE, 2 OR 3 VENDORS THAT SPLIT THE COST.

SO THE VALUE FROM EACH VENDOR AFTER THE DINNER THE CONFERENCE SAYS, OH, THE VALUE OF THE DINNER YOU RECEIVED WAS X DOLLARS, AND THE VALUE CONTRIBUTED BY THIS ORGANIZATION WAS X DOLLARS, X DOLLARS, X DOLLARS.

AND SOME OF IT WAS CLOSE TO LIKE 50 BUCKS. IT WAS LIKE 48, 49.

I'M LIKE, I'M JUST GOING TO PUT IT DOWN. LIKE THAT WAS JUST ME.

AGAIN, DID I NEED TO KNOW? BUT I JUST DID IT ANYWAY BECAUSE I FELT AS A MATTER OF ABUNDANCE OF CAUTION, TRANSPARENCY. I DIDN'T WANT ANYBODY TO EVER SAY CALL INTO QUESTION THAT.

SO I WENT BACK AND I TOLD YOU ABOUT OUR FIRM'S TAILGATE THAT WE DO WHEN WE SEND OUT THE INVITATIONS.

WE'LL HAVE A NOTE ON THERE THAT SAYS FOR $700, THE VALUE OF ATTENDING JUST THE TAILGATE IS X, THE VALUE OF ATTENDING THE TAILGATE. AND THE TICKET IS X, SO THAT YOU KNOW WHAT YOU NEED TO PUT ON YOUR FORM 700 IF YOU ATTEND AN EVENT.

AND SO THAT THAT IS THE CASE FOR AND WE'LL TALK ABOUT THE PRO-RATA CALCULATION FOR EVENTS THAT IF THERE IS AN INVITATION ONLY AND YOU GO AND YOU'RE

[02:05:06]

GETTING FOOD AND DRINK THAT CAN BE CALCULATED BASED ON A PRO RATA FORMULA FOR THAT PARTICULAR EVENT, AS OPPOSED TO YOU ORDERING INDIVIDUAL MENU ITEMS THAT THEN YOU HAVE TO CALCULATE THOSE MENU ITEMS FOR THE VALUE OF WHAT YOU'VE RECEIVED.

IF SOMEBODY ELSE PAID FOR IT. SO THE GIFT LIMIT GOES UP ALMOST EVERY YEAR, THE THE VALUE, THE AMOUNT THIS YEAR IS $630. SO THAT'S REALLY, YOU KNOW, QUITE A FEW NICE DINNERS.

THAT DOESN'T BREAK THE LAW BECAUSE FROM ALL COMBINED VENDORS, FROM A SOURCE, FROM A SOURCE, FROM A SOURCE. SO I CAN GO OUT AND BUY GIFTS FOR EACH OF YOU, TOTALING $630 OR $629 IF YOU WANT TO BE REALLY EXCITING. SO YOU'RE GOING TO DO THAT? WELL, SHE'S LIKE OPEN INVITATION. YOU HAVE TO FILL OUT YOUR FOUR AND 700.

YEAH. GO OUT AND GIVE US A GIFT. YEAH. YOU JUST GOTTA REPORT IT.

YOU GOTTA PUT IT DOWN ON YOUR FORM. WE'LL LET EM.

KNOW. ALL RIGHT, WE'RE ORDERING DINNER IN. HOW'S THAT FOR EVERYBODY? OKAY. SO THE LIMIT GOES UP EVERY YEAR, EVERY COUPLE YEARS.

AND THERE ARE EXCEPTIONS. WEDDING GIFTS ARE AN EXCEPTION. THE ANNUAL LIMIT MAY BE EXCEEDED, AND WEDDING GIFTS CAN BE VALUED AT HALF THE AMOUNT OF THE GIFT. SO IF SOMEBODY WERE TO GIVE YOU $1,000 GIFT, THE VALUE OF THAT GIFT FOR FORM 700 PURPOSES IS ONLY $500.

SO THERE ARE SOME VERY SPECIFIC EXCEPTIONS. SO EXCEPTIONS GIFTS DO NOT INCLUDE A LOT OF THINGS.

I'LL TALK ABOUT SOME OF THEM PERSONALIZED PLAQUES OR TROPHIES THAT YOU MIGHT GET FROM SOMEBODY WORTH LESS THAN $250.

THAT'S NOT CONSIDERED A GIFT. LET'S SEE ADMISSION, FOOD ITEMS, STRESS BALLS AND MAKING A SPEECH.

LIKE DID YOU BRING ANY OF OUR LITTLE SOMETIMES WE HAVE, LIKE, PENS OR OTHER THINGS THAT WE HAVE.

YEAH. MINIMAL ITEMS, YOU KNOW ACTS OF NEIGHBORLINESS.

BUT I WANT TO TALK ABOUT THAT'S ALMOST A REPEAT.

SLIDE TO SLIDE. RECIPROCAL EXCHANGES. SO IF PRESIDENT PIERRO AND I.

IF I TOOK HIM OUT TO LUNCH AND AND I BOUGHT HIM OR DINNER, LET'S SAY I TOOK HIM OUT TO DINNER.

I BOUGHT HIM A REALLY NICE STEAK DINNER. AND WHAT'S A NICE STEAK HOUSE AROUND HERE? THAT'S TRUE. ASTROS. ALL RIGHT. SO GO OUT AND I BUY HIM A NICE $200 DINNER.

AND THEN I COME BACK DOWN HERE AND HE SAYS, LET ME TAKE YOU OUT TO DINNER.

AND I SAY, GREAT. PRESIDENT PIERRO. BECAUSE RECIPROCAL EXCHANGES MEAN THAT MY DINNER TO YOU IS NOT A GIFT THAT YOU HAVE TO REPORT.

AND HE SAYS, COOL. AND HE TAKES ME TO MCDONALD'S.

WELL, IT DOESN'T WORK LIKE THAT. THEY HAVE TO BE OF EQUIVALENT VALUE THAT REALLY CANCEL EACH OTHER OUT.

SO, YOU KNOW, MAYBE IF HE TOOK ME TO MCDONALD'S 20 TIMES THROUGHOUT THE YEAR, THAT MIGHT CANCEL OUT THE NICE FANCY STEAK DINNER.

AND AS YOU CAN SEE ON THIS SLIDE HERE, THERE ARE CERTAIN PREEXISTING RELATIONSHIPS WHERE THERE'S NO LIKELIHOOD OF HAVING A MATERIAL FINANCIAL EFFECT ON THE DONOR.

YOU KNOW, MAYBE YOU HAVE A CLOSE NEIGHBOR. THERE'S NO CONNECTION TO THE DISTRICT, NO POTENTIAL BUSINESS TO THE DISTRICT.

IT'S BEEN A LONG STANDING RELATIONSHIP. THERE'S NO LIKELY EFFECT THAT ANYTHING THAT YOU'RE GOING TO DO AS A TRUSTEE IS GOING TO IMPACT AT ALL.

THERE ARE CERTAIN EXCEPTIONS TO THE GIFT REQUIREMENT.

WE'VE TALKED ABOUT SOME OF THOSE. SO ONE ONE OF THE THINGS WITH THIS IS THAT WHEN IT COMES TO GIFTS, THE FPPC HAS A GIFT GUIDES, AND YOU CAN GO AND LOOK AT EXCEPTIONS IF YOU'RE TRYING TO FIGURE OUT WHETHER.

WHETHER YOU HAVE TO REPORT IT. WHETHER AN EXCEPTION APPLIES.

THE OTHER THING YOU CAN DO IS GO TO THE SLIDE AND LOOK AT THIS. AND THIS CAN KIND OF START. POINTING YOU IN THE RIGHT DIRECTION.

GIFTS TO AN AGENCY. SO THIS IS ANOTHER EXCEPTION.

BUT THIS HAS TO BE DONE CORRECTLY. SO MAYBE THE FOUNDATION WANTS TO SPONSOR YOUR RETREAT DINNER OR SOMETHING, OR SOME ASPECT OF THE RETREAT.

IF THE FOUNDATION GIVES THE DISTRICT THE MONEY, AND THE DISTRICT HAS THE AUTHORITY AND THE DISCRETION TO ORGANIZE THE EVENT ON WHO'S INVITED TO THE EVENT, AND IT HAS TO BE PART OF OFFICIAL AGENCY BUSINESS.

SO THAT'S WHERE THERE'S A CAVEAT HERE, THAT WHAT YOU DO WITH THAT GIFT HAS TO BE PART OF OFFICIAL AGENCY BUSINESS AND YOU REPORT IT,

[02:10:01]

THEN THAT IS NOT A GIFT TO THE INDIVIDUAL, BUT IT'S A GIFT TO THE AGENCY AND THE AGENCY HAS TO REPORT IT ON THEIR FORM 800.

SO THERE COULD BE OTHER THINGS THAT COME UP. OKAY.

SO THE OPINIONS THAT HAVE COME OUT ON THIS ARE EXAMPLES LIKE PROFESSIONAL SPORTING ORGANIZATIONS GIVE TICKETS TO A CITY AND THE TICKETS ARE FOR SOME PRESS EVENT OR THERE'S A, THERE'S A GAME AND A PRESS EVENT OR SOMETHING. AND THE CITY OFFICIALS ATTEND AND GO TO THE GAME.

BUT THE PURPOSE FOR THEM GOING IS CONNECTED TO LIKE INCREASING TOURISM OR SOME LEGITIMATE AGENCY BUSINESS.

THAT THAT WOULD BE CONSIDERED A GIFT TO THE AGENCY AND NOT A GIFT TO THE INDIVIDUAL AS LONG AS THE THE TICKET WAS GIVEN TO THE AGENCY, THE AGENCY GOT TO DECIDE WHO THEY GAVE THE GIFT TO AND HAD CONTROL OF THAT, AND IT WAS PART OF OFFICIAL AGENCY BUSINESS.

THAT WOULD BE A GIFT TO THE AGENCY, NOT THE INDIVIDUAL. SO I HAVE A QUESTION RELATED TO LIKE, DOES IT MATTER WHO THE SOURCE IS IN ANY OF THESE SITUATIONS? LIKE, IF MY GRANDMOTHER GIVES ME A CHRISTMAS GIFT AND SHOULD I BE LIKE, OKAY, LIKE AT WHAT POINT GRANDMA HAS CONTRACTS COMING BEFORE THE DISTRICT? THAT MIGHT BE A DIFFERENT SITUATION.

THAT WOULD BE A DIFFERENT SITUATION, INDEED. BUT BUT NO, GIVEN THE STATE OF MY GRANDMA, BUT I.

YEAH, I'M JUST KIND OF WONDERING, LIKE, HOW DO YOU HOW DO YOU IS THERE A LINE WHERE YOU SAY, OKAY, THIS PERSON, THIS PARTICULAR GIFT HAS NOTHING TO DO WITH, YOU KNOW, YOUR POSITION AS A SCHOOL BOARD MEMBER OR A COLLEGE BOARD MEMBER.

GIFTS FROM EXISTING RELATIONSHIPS WHERE OFFICIAL HAS NO LIKELIHOOD OF HAVING A MATERIAL FINANCIAL EFFECT ON THE DONOR.

GOT IT. GOT IT. THAT'S AN EXCEPTION RIGHT THERE.

GIFTS FROM FAMILY MEMBERS AS DISTANT AS FIRST COUSINS ONCE REMOVED, INCLUDING IN-LAWS AND FORMER IN-LAWS.

SO THESE ARE ALL EXCEPTIONS TO THAT RULE RIGHT HERE.

PERFECT. SO I THINK YOU ARE TO HAVE YOUR ANTENNAE START THINKING ABOUT LIKE, OH IS THIS A REPORTABLE GIFT? I THINK IT'S REALLY GOOD. AND THEN TO DOUBLE CHECK THAT IT'S, THERE'S AN EXCEPTION AND YOU DON'T NEED TO REPORT IT.

BUT I THINK IT'S GOOD BECAUSE PEOPLE GET IN TROUBLE SOMETIMES JUST PURELY INADVERTENTLY.

THEY DIDN'T THINK LIKE, OH, YEAH, I DIDN'T EVEN THINK TO REPORT THAT. SO WHAT DO YOU DO? OKAY. DANG. I THOUGHT THAT WAS GOING TO BE A GOOD SEGUE.

SORRY. SO ONE OF THESE SLIDES, WE'RE NOT THERE YET.

SO SO, OKAY, THERE'S NOT A GIFT. IF YOU RETURN IT TO THE DONOR.

DONATE IT TO A 500 1C3 CHARITY. AS LONG AS YOU DON'T HOLD A POSITION OR A FAMILY MEMBER, HOLD A POSITION ON THE CHARITY OR REIMBURSE THE DONOR FOR THE GIFT WITHIN 30 DAYS.

AND SO I KNOW SOMEBODY THAT I WORKED WITH IN STATE, STATE GOVERNMENT, AND HE TELLS ME THAT HE WAS IN HIS UNIFORM ONCE, AND HE WENT OUT TO DINNER ON HIM AND HIS AND HIS WIFE'S ANNIVERSARY.

THEY WENT OUT TO A NICE DINNER AND HE WAS HE WORKED FOR THE CALIFORNIA MILITARY DEPARTMENT IN UNIFORM.

AND THE RESTAURANT SAID, DON'T WORRY ABOUT THE DINNER.

THIS IS ON US. IT'S YOUR ANNIVERSARY. THANK YOU FOR YOUR SERVICE.

IT'S AN EXPENSIVE DINNER, AND THAT COULD HAVE BEEN FINE.

PUTTING ASIDE, THERE'S DIFFERENT FEDERAL ETHICS LAWS THAT HAVE TO APPLY, BUT THIS IS MY POINT. SO HE DIDN'T WANT TO EVEN BE IN THAT SITUATION.

AND AND HE FELT AWKWARD AND UNCOMFORTABLE BECAUSE, LIKE, HOW DO YOU ARGUE WITH SOMEBODY ON A SPOT THAT'S TRYING TO COMP YOUR DINNER? SO HE LET IT GO. BUT THE NEXT DAY HE WENT BACK AND HE SAID, THANK YOU VERY MUCH.

I REALLY APPRECIATE THAT. BUT I INSIST ON, YOU KNOW, HERE'S A CHECK FOR THE VALUE OF MY DINNER. AND THAT'S WHAT THE PERSON DID. AND THEN I'VE HAD OTHER CLIENTS WHEN WE'VE HAD BIG DINNERS WHO HAVE SAID TO ME, MATT, HEY, THANKS VERY MUCH FOR PICKING UP DINNER.

LET ME KNOW WHAT I OWE YOU, BECAUSE I DON'T WANT TO HAVE TO PUT THIS ON MY FORM 700.

AND THAT'S THEIR OWN PERSONAL DECISION. EVEN THOUGH THERE IS NO THEY COMPLETELY WITHIN THEIR LEGAL RIGHT TO LET ME BACK UP.

THERE'S NO PROHIBITION ON THEM ACCEPTING THE GIFT OF THE DINNER THAT I BOUGHT THEM, BUT THEY JUST WANTED TO PAY FOR IT AFTER THE FACT.

AND SO THEY'VE WRITTEN A CHECK OUT TO THE LAW FIRM, AND WE DEPOSITED IT.

AND THEN IT WASN'T A REPORTABLE GIFT FOR THAT DINNER.

THAT'S THE PROBLEM. I DON'T WANT TO SPEND TIME WITH THIS GUY AGAIN. SO INFORMATIONAL MATERIAL EXCEPTIONS, GIFT VALUATION, FAIR MARKET VALUE. WE TALKED ABOUT INVITATION ONLY EVENTS.

THE PRO RATA SHARE TRAVEL PAYMENTS CAN BE GIFTS.

BUT THERE IS AN EXCEPTION IF YOU'RE GIVING A SPEECH ON A SLIDE, IF YOU'VE BEEN INVITED TO AS PART OF THE OFFICIAL CEREMONY, YOU'RE GIVING A SPEECH, AND IT'S ONLY THE TRAVEL EXPENSES BY ITSELF.

YOU IT MAY NOT BE A GIFT. ECONOMIC INTEREST DISCLOSURES.

WE'VE TALKED ABOUT THIS WHAT? THE CATEGORIES OF DISCLOSURES ARE MADE A MISTAKE.

[02:15:05]

ALL RIGHT, THIS IS WHERE I WAS GOING. MADE A MISTAKE. SO FILE AN AMENDMENT TO YOUR FORM 700.

IF YOU REALIZE THAT YOU HAVE MADE A MISTAKE AND YOU'VE AIRED OR ADMITTED SOMETHING FROM YOUR FORM 700 FILE, AN AMENDMENT, YOUR ORIGINAL FORM 700 STAYS AS IT IS.

IT DOESN'T. IT'S NOT LIKE THE AMENDMENT SUPERSEDES THE ORIGINAL ONE.

AND YOU GET RID OF THE ORIGINAL ONE. YOU KEEP THE ORIGINAL ONE AND YOU KEEP THE AMENDMENT, AND THEY'RE KEPT TOGETHER. ONLY AMEND THE SCHEDULE THAT THERE WAS AN ERROR ON.

YOU DON'T HAVE TO REDO THE ENTIRE FORM. SO IF YOU CORRECTLY FILLED OUT INCOME, INVESTMENTS, REAL ESTATE INTERESTS, ALL THOSE KIND OF THINGS, BUT YOU MADE AN ERROR ON THE GIFTS, FILE AN AMENDMENT FOR THE GIFTS, AND THEN THAT AMENDMENT IS KEPT TOGETHER WITH EVERYTHING ELSE.

BIG CONSEQUENCES FOR NOT DOING THIS CORRECTLY.

SO MAKE SURE YOU ARE FILLING OUT YOUR FORM 700 ACCURATELY AND YOU ARE TURNING THEM IN IN A TIMELY MANNER.

YES, SIR.

SO SKIP LIMIT 630 BUCKS IF YOU HAVE RECEIVED A GIFT FROM SOMEBODY TOTALING THAT AMOUNT IN THE LAST 12 MONTHS, THEN YOU CAN'T BE INVOLVED IN MAKING A DECISION.

GOVERNMENT DECISION REGARDING THAT PERSON PARTICIPATING IN MAKING, MAKING OR INFLUENCING A DECISION DURING THAT PERSON.

AGAIN, JUST LIKE WITH OTHER FINANCIAL CONFLICTS THAT WE TALKED ABOUT LONG TIME AGO, IF YOU DO HAPPEN TO HAVE A GIFT THAT YOU RECEIVED IN EXCESS OF THAT AMOUNT ANNOUNCE THE CONFLICT. RECUSE YOURSELF. STEP OFF THE DAIS.

EXIT THE ROOM DURING THE VOTE. AND I THINK WE KIND OF SKIPPED OVER THAT A LITTLE BIT.

BUT IF YOU DO HAVE A FINANCIAL CONFLICT OF INTEREST IN A GOVERNMENT DECISION, YOU'RE REQUIRED TO ANNOUNCE A CONFLICT.

STEP OFF THE DAIS, LEAVE THE ROOM, DON'T INVOLVE YOURSELF IN THE DISCUSSION, AND THEN YOU CAN COME BACK AFTER THE VOTE.

THE LAW DOES SAY THAT LIKE YOU CAN STAND AT THE PODIUM AS A MEMBER OF THE PUBLIC WOULD AND GIVE PUBLIC COMMENTS ON THAT.

YOUR DECISION ON WHETHER YOU'D WANT TO DO THAT OR NOT. I DON'T THINK IT'S A GOOD IDEA, BUT THE LAW DOES SAY YOU CAN DO THAT.

AND IF YOU ARE INCLINED TO DO SO, I RECOMMEND THAT YOU CONSULT WITH LEGAL COUNSEL TO MAKE SURE THERE ARE ANY LEFT OR RIGHT LIMITS THAT YOU'RE REQUIRED TO FOLLOW.

YEAH. IF THEY AMOUNT YOU CONNECTED TO WHETHER OR NOT SOMEONE IS A CURRENT MEMBER OF DISTRICT OR THERE IS A SEPARATE RULE FOR THAT.

SO SOMEONE THAT'S IS ALREADY DOING BUSINESS TO SOMEONE THAT DOES NOT DO THIS.

SO TO ANSWER YOUR QUESTION, THAT SO I MEAN, YOU HAVE TO LOOK AT THE EXCEPTION.

THERE COULD BE VENDORS OR PEOPLE WHO ARE NOT DOING BUSINESS WITH THE DISTRICT, GIVING YOU GIFTS THAT MIGHT WANT TO DO BUSINESS WITH THE DISTRICT IN A COUPLE COUPLE YEARS FROM NOW, KNOWING THAT YOU'RE LOOKING FOR A NEW ACCOUNTING FIRM OR A NEW LAW FIRM OR SOMEBODY ELSE, OR YOU'RE GOING TO BE MAKING A GOVERNMENT DECISION.

AND SO UNLESS AN EXCEPTION APPLIES, I WOULD BE REPORTING IT.

NOW, IF YOU'VE ACCEPTED MONEY FROM SOMEBODY IN EXCESS OF THE AMOUNT THEN AND IF THEY DON'T HAVE ANY BUSINESS BEFORE THE DISTRICT, THEN THERE'S NO NOTHING. YOU'RE DISQUALIFIED FROM VOTING BECAUSE THEY DON'T HAVE BUSINESS IN THE DISTRICT. LAWS RELATED TO FAIR PROCESS.

ALL RIGHT. SO ONCE AGAIN, FPPC CATEGORY OF STUFF YOU NEED TO KNOW.

LAWS RELATED TO FAIR PROCESS, COMMON LAW BIAS, PROHIBITIONS, DUE PROCESS REQUIREMENTS, DOCTRINE OF INCOMPATIBLE OFFICES.

COMPETITIVE BIDDING REQUIREMENTS FOR PUBLIC CONTRACTS, DISQUALIFICATION FOR PARTICIPATING IN DECISIONS AFFECTING FAMILY MEMBERS, AND NEPOTISM LAWS. COMMON LAW BIAS. SO THIS IS ALSO CALLED COMMON LAW.

CONFLICT OF INTEREST. SO WERE WE TALKED ABOUT CONFLICT OF INTEREST BEFORE.

WE TALKED ABOUT WHERE SOMEBODY HAS A FINANCIAL AND ECONOMIC INTEREST IN A CONTRACT OR GOVERNMENT DECISION.

THE COMMON LAW MADE UP OVER YEARS BY COURTS HAS SAID THAT, LOOK, WE'RE NOT ONLY CONCERNED WITH WHEN YOU MIGHT HAVE A FINANCIAL OR ECONOMIC INTEREST IN A CONTRACT OR GOVERNMENT DECISION, BUT WE'RE ALSO INTERESTED IN THINGS WHERE THERE MIGHT BE THE APPEARANCE THAT YOU MIGHT BE ENGAGING IN FAVORITISM OR BIAS TOWARDS SOMEBODY OR AGAINST SOMEBODY.

SO IT'S EVEN THE APPEARANCE OF IMPROPRIETY THAT COULD CREATE A COMMON LAW CONFLICT OF INTEREST.

AND THERE ARE THE TYPES OF THINGS THAT MIGHT ERODE THE PUBLIC TRUST.

AND YOU ALL AS TRUSTEES AND AS OFFICERS AND DISCHARGING YOUR RESPONSIBILITIES WITH INTEGRITY AND FIDELITY.

[02:20:03]

NOW, DUE PROCESS REQUIREMENTS. SO LAWS RELATED TO FAIR PROCESS, YOU'RE GOING TO HAVE THINGS THAT COME UP FOR DUE PROCESS AS A, AS A DISTRICT, PRIMARILY IN THE AREAS OF EMPLOYEE DISCIPLINE.

OBVIOUSLY DIFFERENT LOCAL GOVERNMENT AGENCIES, CITIES, COUNTIES, OTHER DISTRICTS THEY MIGHT HAVE THINGS LIKE, YOU KNOW PERMITS, LAND USE, ZONING ISSUES, ALL THESE OTHER KIND OF THINGS.

BUT WHEN WE'RE TALKING ABOUT DUE PROCESS ISSUES, FOR THE MOST PART THEY'RE GOING TO BE EMPLOYEE DISCIPLINE STUFF.

YOU ARE REQUIRED TO MAKE SURE THAT YOU ARE NOT PERSONALLY INTERESTED IN THE DECISIONS OUTCOME, THAT YOU DON'T HAVE PERSONAL BIAS IN THAT SITUATION, AND THERE'S NO FACTUAL BIAS.

SO LIKE, YOU KNOW, MAYBE AN EMPLOYEE IS GETTING READY TO OR THERE'S A RECOMMENDATION THAT EMPLOYEE BE TERMINATED AND YOU DON'T REALLY LIKE THAT EMPLOYEE BECAUSE THAT PERSON WENT TO HIGH SCHOOL WITH ONE OF YOUR KIDS MANY YEARS AGO AND WAS A BULLY, AND NOW YOU WANT TO PAY THAT PERSON BACK.

WELL, THOSE KINDS OF IMPERMISSIBLE BIASES COULD BE THINGS THAT IMPACT THAT PERSON'S DUE PROCESS TO HAVE A FAIR DECISION MAKER MAKING THE DECISION ON WHETHER OR NOT THEY SHOULD BE TERMINATED. SO HERE'S A CONFLICT OF INTEREST COMMON LAW CONFLICT OF INTEREST EXAMPLE.

THAT CANDY DOESN'T OWN AN APARTMENT OR A HOUSE BECAUSE SHE SPENDS ALL HER MONEY ON CANDY.

THE CITY'S SHE'S ON A CITY COUNCIL MEMBER. THE CITY'S PLANNING COMMISSION HAS RECOMMENDED APPROVAL OF A DEVELOPMENT PROJECT WILL BLOCK KANDI'S VIEW FROM HER APARTMENT.

SO SHE HAS AN APARTMENT BUILDING. SHE HAS A NICE VIEW.

SHE DOESN'T OWN IT. SHE DOESN'T HAVE A FINANCIAL INTEREST IN IT BECAUSE IT'S SHE'S ONLY RENTING.

BUT SHE WANTS TO VOTE NO. WHAT DO YOU THINK? DID SHE VOTE NO ON THAT? SHOULD SHE ABSTAIN? WHAT IS THE APPEARANCE LOOK LIKE IF SHE VOTES NO ON THAT PROJECT? YEAH, SHE LOOKS LIKE SHE'S VOTING NO BECAUSE OF HER OWN PERSONAL INTEREST. SHE DOESN'T WANT HER VIEW BLOCKED, EVEN THOUGH SHE'S NOT GOING TO FINANCIALLY BENEFIT FROM IT.

THE DOCTRINE OF INCOMPATIBLE OFFICES. THIS APPLIES WHEN YOU HOLD MULTIPLE OFFICES.

ARE ANY OF YOU TRUSTEES APPOINTED TO OTHER PUBLIC BOARDS OR AGENCIES, OR ELECTED TO ANY OTHER PUBLIC BOARDS OR AGENCIES? NO, IT'S NOT UNCOMMON. SOMETIMES YOU DO. BUT THIS COMES UP WHEN YOU HAVE A PUBLIC OFFICIAL.

YOU ALL ARE PUBLIC OFFICIALS GENERALLY DOESN'T APPLY TO EMPLOYMENT.

AND WHEN YOU HOLD AN OFFICE, YOUR POSITION AS A TRUSTEE IS AN OFFICE.

AND YOU MIGHT GET ASKED TO SIT OR BE APPOINTED TO A DIFFERENT OFFICE.

AND YOU HAVE TO MAKE SURE THAT YOUR TWO OFFICES AS TRUSTEE AND THE OTHER PERSON AND THE OTHER OFFICE AREN'T INCOMPATIBLE WITH ONE ANOTHER.

AND THE TEST FOR THAT IS CLASH OF DUTIES BETWEEN THE OFFICES.

IF ONE OFFICE WOULD EXERCISE ANY SUPERVISORY AUTHORITY OR OVERSIGHT OVER THE OTHER OFFICE, IF THERE'S ANY AUTHORITY TO TERMINATE OR AFFECT EMPLOYMENT OR IF THERE WOULD BE A PUBLIC POLICY REASON NOT TO DO IT.

SO IF YOU ARE IN A SITUATION OF INCOMPATIBLE OFFICES, THE LAW SAYS THAT WHEN YOU ASSUME THE SECOND OFFICE, YOU AUTOMATICALLY FORFEIT THE FIRST. PURSE. SO LET'S SAY YOU WERE TO TAKE THE SECOND OFFICE, AND SO SAY THAT'S AN INCOMPATIBLE OFFICE. LIKE, OH, DANG, LIKE I FORFEITED MY TRUSTEE POSITION.

SO YOU HAVE TO BE CAREFUL. COMPETITIVE BIDDING REQUIREMENTS.

THESE APPLY WHEN THERE'S AN EXPENDITURE OF MORE THAN $114,800 FOR PRODUCTS OR SERVICES, EQUIPMENT, MATERIALS, REPAIRS. AND THEN THERE'S EXPENDITURE THRESHOLDS FOR COMPETITIVE BIDDING FOR PUBLIC WORKS PROJECTS.

SO PART OF LAWS RELATING TO FAIR PROCESS IS MAKING SURE THAT YOU'RE COMPLYING WITH COMPETITIVE BIDDING REQUIREMENTS.

NEPOTISM CONFLICTS MAY ARISE. IT'S THE APPEARANCE THAT YOU'RE GIVING FAVORITISM OR FAVORABLE TREATMENT TO A CLOSE FAMILY MEMBER OR FRIENDS.

NOW, I'M NOT GOING TO GO THROUGH ALL THESE. WE'VE BEEN HERE FOR JUST ABOUT TWO HOURS, BUT IF YOU CARE TO LOOK, THESE ARE ALL EXAMPLES OF PEOPLE HAVE GOTTEN IN TROUBLE AND THINGS THAT HAVE HAPPENED AND STUFF.

SO, LADIES AND GENTLEMEN, IT'S BEEN A VERY THRILLING TWO HOURS.

THANK YOU FOR YOUR PARTICIPATION. ANY FINAL QUESTIONS? THOUGHTS? COMMENTS? WE DIDN'T QUITE DO TWO HOURS.

I DON'T KNOW IF THAT MATTERS. RIGHT. IS IT STATE REQUIRED? TWO HOURS, I THINK. I THOUGHT WE STARTED AT. WE DID.

I THOUGHT WE STARTED AT 930 AND I'M NOT I MEAN, 730.

[02:25:03]

WE STARTED AT SEVEN. WE GOT THREE MINUTES OF QUESTIONS. I DO HAVE A QUESTION.

I DON'T KNOW IF THIS RELATED OR. NO. ACTUALLY, I AM LIKE 30 OR SORRY.

I GO THROUGH ALL THE EXAMPLES THAT YOU GUYS WANT. I LIKE THOSE CASES THOUGH.

SO I'M LIKE 40% OR SOMEWHERE AROUND THERE OF A TRAINING THAT I HAVE TO TAKE.

FOR THAT STATE POINT AT BOARD, BUT THE TOPICS ARE ABOUT THE SAME.

IS IT THE SAME TRAINING? I LOOKED AT THIS ISSUE ONCE BEFORE AND I APOLOGIZE.

I DON'T KNOW THE ANSWER OFF THE TOP OF MY HEAD, BUT I'LL GET YOU THE ANSWER TOMORROW.

ON WHETHER THIS SATISFIES THAT REQUIRED TRAINING.

BECAUSE I KNOW WHAT YOU'RE TALKING ABOUT ON THE FPC, THERE ARE ETHICS TRAINING FOR STATE APPOINTED OFFICIALS, EMPLOYEES AND LOCAL GOVERNMENT AGENCIES. AND YOU'RE PROBABLY GOING, ARE YOU DOING THE ONLINE TRAINING? YEAH.

YEAH, YEAH. GO THROUGH. THAT'S HORRIBLE. I KNOW IT'S BETTER.

IT'S WAY BETTER THIS WAY. SO LET ME GET THE I THINK IT DOES.

BUT LET ME GET THE ANSWER TO YOU FOR THAT. ON WHETHER THIS WILL SATISFY THAT REQUIREMENT.

THANK YOU. AND BECAUSE IT AND BECAUSE IT'S A STATE IT MIGHT BE IT MIGHT NOT BECAUSE ONE'S A STATE AND LOCAL.

BUT MAYBE THE ISSUE IS AND AGAIN I'LL GET YOU THE ANSWER.

ONE LOCAL AGENCY TRAINING WILL SATISFY OTHER LOCAL AGENCY REQUIREMENTS.

THERE MIGHT BE A DIFFERENCE WITH THE STATE, BUT I'LL DOUBLE CHECK FOR YOU. YEAH. THANK YOU.

ANY OTHER ANY OTHER QUESTIONS? WE GOT ONE MORE MINUTE.

I DON'T WANT TO SHORTCHANGE US HERE. I MEAN, I JUST WANT TO MAKE SURE WE'RE IN COMPLIANCE WITH STATE EXPECTATION.

YES, EXACTLY. WE'RE TALKING ABOUT ETHICS. I HAD A OH, IT WAS ABOUT SOCIAL MEDIA.

IS THERE SOME. I HAVE SOME BUDDIES THAT HAVE, LIKE, SEC REQUIREMENTS AROUND SOCIAL MEDIA.

RIGHT. AND I ASSUME OURS IS NOT QUITE AS STRICT AS THAT.

SEC. LIKE SECURITY EXCHANGE COMMISSION. SEC. OKAY.

IT'D BE COOL IF IT WAS A SOUTHEAST CONFERENCE, BUT YEAH, I WAS WONDERING, LIKE, THAT'S AWESOME. YEAH. BUT THE THE QUESTION I HAVE IS LIKE, SAY, FOR EXAMPLE CERRITOS COLLEGE OR ANOTHER BOARD MEMBER POST ON INSTAGRAM.

BEAUTIFUL DAY AT THE CAMPUS. REALLY OR REALLY PROUD OF OUR STUDENTS GRADUATING.

YOU KNOW, THIS YEAR I'M NOT ALLOWED TO LIKE THAT OR EMOJI OR COMMENT.

IS THAT CORRECT? YOU KNOW, ON THAT SITUATION I WOULD OUT OF ABUNDANCE OF CAUTION, I WOULDN'T.

IT IS IT'S ABOUT THE DISTRICT. WOULD YOU BE IN VIOLATION? WOULD THAT BE MORE AKIN TO LIKE A SOCIAL OR CEREMONIAL EXCEPTION TO THE BROWN ACT? BECAUSE GRADUATION. CEREMONIAL FUNCTION. BUT IF IT INVOLVES THE DISTRICT AT ALL, AS A RULE OF THUMB, I JUST WOULDN'T COMMENT OR RESPOND ON SOCIAL MEDIA.

JUST TO BE SAFE. OKAY. AND THEN THAT'S ME. IS THERE ANYTHING THAT I WOULDN'T THEN THEREFORE BE ABLE TO, LIKE, REPOST THAT AND BE LIKE, I'M ALSO REALLY PROUD OF OUR GRADUATES.

YOU COULD POST YOUR OWN POST, AND I CLEARLY WOULDN'T BE A PROBLEM TO SAY I'M PROUD OF MY GRADUATES.

I WOULDN'T SAY I'M PROUD OF MY GRADUATES TOO, BECAUSE THEN YOU'RE RESPONDING BACK TO THE OTHER TRUSTEES POST.

SO HERE'S IN THE TRAINING. I WOULD SAY IF IT INVOLVES DISTRICT BUSINESS AT ALL, EVEN GRADUATION, I WOULD ON THE SIDE OF CAUTION AND NOT RESPOND TO ANOTHER TRUSTEE'S POST IF YOU WANT US TO.

DO YOU KNOW, WE CAN OFFER A FORMAL OPINION ON DO A DEEP DIVE AND SAY WHETHER OR NOT WE THINK THAT IT WOULD BE A VIOLATION OF THAT STATUTE OR NOT, TO COMMENT ON SOMETHING LIKE THAT, BECAUSE THE LAW SAYS BUSINESS UNDER THE DISTRICT'S JURISDICTION AND GRADUATION IS I, I COULD SEE WHETHER OR NOT THAT WOULD FIT INTO AN EXCEPTION OR NOT.

BUT AS FOR PURPOSES OF TRAINING, I WOULD SAY ON THE SIDE OF CAUTION, BUT IF YOU FEEL REALLY STRONGLY ABOUT IT AND THE DISTRICT WANTS A FORMAL OPINION, WE CAN. WE'RE HAPPY TO PREPARE A FORMAL OPINION AND PROVIDE IT ON THAT ISSUE.

BUT FOR TRAINING, I WOULD SAY AVOID COMMENTING OR POSTING EMOJIS ON ANY SOCIAL MEDIA.

RESPONDING TO A FELLOW TRUSTEES POST ABOUT DISTRICT BUSINESS.

WHAT IF IT'S MORE GENERAL LIKE WE HAVE A LOT OF STUDENT SERVICES, RIGHT? AVAILABLE FOR STUDENTS IN NEED, AND YOU WANT TO MAKE SURE THAT THIS GETS REPOSTED OR IS REALLY AVAILABLE TO STUDENTS IN NEED.

I WOULDN'T REPOST IT. I WOULD JUST DO YOUR OWN POST.

OKAY. SO DON'T DON'T AMPLIFY ANYTHING THAT HAS TO DO WITH, ESPECIALLY BECAUSE ON THAT PARTICULAR THAT IS CLEARLY ABOUT DISTRICT BUSINESS AND THAT IS A FORM OF A RESPONSE BY REPOSTING, YOU KNOW BECAUSE IT SEEMS APOLITICAL TO ME, BUT MAYBE THAT'S NOT IT'S YEAH, IT'S YOU GUYS BECAUSE AT THAT POINT, DISCUSSING DISTRICT BUSINESS OR YOUR REPOSTING INFORMATION ABOUT DISTRICT BUSINESS IN RESPONSE TO ANOTHER TRUSTEE IF YOU WANT

[02:30:04]

TO REPOST. NO, I'M SAYING NOT IN RESPONSE TO ANOTHER TRUSTEE IS GENERAL LIKE INFORMATION THAT THAT THE DISTRICT HAS ABOUT LIKE, HEY, IF YOU NEED HOUSING OR IF YOU NEED FOOD, LIKE WE HAVE A FOOD BANK.

YEAH. I'M SORRY, I THOUGHT YOU MEANT ABOUT REPOSTING ANOTHER TRUSTEE'S POST, BUT IF YOU'RE REPOSTING THINGS THAT THE DISTRICT HAS PUT OUT, THERE'S NOT A PROBLEM THERE. OKAY. YEAH. YEAH.

THERE'S NOT A PROBLEM THERE. YEAH. SORRY I MISUNDERSTOOD YOUR QUESTION.

NO, I ASKED IT BOTH WAYS. SO. YEAH. YEAH. OKAY.

ANY OTHER QUESTIONS? I KNOW WE HIT THE TIME NOW.

ANY OTHER QUESTIONS FROM ANY OTHER TRUSTEES? DOES SAY TWO HOURS IS A MINIMUM.

YEAH. THERE YOU GO. WELL, WE HIT THE TIME SO WE CAN STILL GO THROUGH THE CASE STUDIES.

YEAH. WELL, THANK YOU AGAIN FOR HAVING ME, I APPRECIATE IT.

THANK YOU SO MUCH. IT WAS A GREAT PRESENTATION.

AND AND A GREAT REMINDER TO ALL OF US WHAT WE NEED TO DO AND TO MAKE SURE THAT WE STAY, YOU KNOW, OUR TRANSPARENT AND THAT WE OPERATE CORRECTLY HERE AT THE COLLEGE.

THANK YOU. THANK YOU. WE'RE GOING TO MOVE ON TO ITEM 80801 REPORTS

[8.01 Reports and Comments from District Officials]

AND COMMENTS FROM THE DISTRICT OFFICIALS TO STUDENT TRUSTEE.

HELLO, EVERYONE. HAPPY NOVEMBER. AND HAPPY LATE HALLOWEEKEND AND FELICIA DE LOS MUERTOS.

TO THOSE WHO CELEBRATE OCTOBER WAS DEFINITELY A BUSY MONTH FOR EVERY STUDENT ON CAMPUS.

STUDENT LIFE WAS VERY ENGAGED. A LOT OF MIDTERM STRESS AS WELL, BUT I KNOW MY PEERS PULLED THROUGH.

I WANT TO HIGHLIGHT SOME EVENTS THAT I PARTICIPATED IN.

SO ON MONDAY, OCTOBER 13TH, I PARTICIPATED IN THE UNDOCU ALLY TRAINING.

IT WAS SUPER. IT WAS A LOT OF INFORMATION AT ONCE, BUT I THINK IT WAS IT BENEFITED THOSE WHO ATTENDED.

A LOT OF STAFF ATTENDED AS WELL. FACULTY ATTENDED WHICH WAS GOOD.

AND THEN ON OCTOBER 15TH, I HELPED PRESENT A STUDENT CONVOCATION, WHICH IS REALLY FUN.

SO THANK YOU, PRESIDENT FIERRO AND ANDREA AND WENDY FOR HAVING ME AND THE OTHER EXECUTIVE LEADERS.

AND THAT'S PRETTY MUCH IT. THANK YOU. TRUSTEE SALAZAR.

THANK YOU. TRUSTEE LIU OH, I THINK I JOINED THE PRESIDENT OF THE BOARD AND VICE PRESIDENT.

WE WENT TO THE CERRITOS CITY TO HONOR OUR PRESIDENT AS A HISPANIC LEADER.

THAT WAS GREAT. AND, YOU KNOW, I THINK THAT WAS VERY GREAT EVENT.

AND MANY COMMUNITY MEMBERS REALLY ADMIRED OUR PRESIDENT.

THANK YOU. THAT'S MY REPORT. TRUSTEE GREEN. HELLO, EVERYONE.

OCTOBER WAS A VERY BUSY MONTH. I HAD THE OPPORTUNITY HE TO REPRESENT CERRITOS COLLEGE IN SEVERAL SPACES INCLUDING THE CERRITOS CITY COUNCIL MEETING WHERE WE HONORED THE WORK AND LEADERSHIP OF DOCTOR FIERRO, AS WELL AS THE WORK OF EVERYONE HERE AT CERRITOS COLLEGE AS A AS A HISPANIC SERVING INSTITUTE DURING LATINO HERITAGE MONTH.

I WAS ALSO ABLE TO ATTEND THE C.C.C COLLECTIVE EQUITY IMPACT INSTITUTE, AND SO I WAS ABLE TO JOIN DOCTOR SHELINA FISHER AND DOCTOR LIN WANG WHILE THERE.

AND IT'S JUST DEEPENING OUR COMMITMENT TO EQUITY AND ACCESS IN HIGHER EDUCATION.

SO IT WAS A VERY IMPACTFUL EVENT AT THE NATIONAL LEVEL.

I WAS JUST RECENTLY ABLE TO ATTEND THE ACC LEADERSHIP CONGRESS IN NEW ORLEANS, WHERE DOCTOR FIERRO, ANDREA AND I WERE ABLE TO PRESENT ABOUT THE INNOVATIVE MOVES THAT WE ARE MAKING WITH AI HERE AT CERRITOS COLLEGE. OUR WORKSHOP WAS ACTUALLY VERY WELL ATTENDED AND WE GOT SUCH GREAT FEEDBACK AFTERWARDS.

SO WE'RE TAKING OUR OUR WORK ON THE ROAD. RIGHT.

IN ADDITION TO THAT, I WAS ABLE TO ATTEND LOCALLY SOME STATE OF THE STATE OF EDUCATION EVENTS FOR BELLFLOWER UNIFIED AS WELL AS DOWNEY UNIFIED.

THE DOWNEY UNIFIED EVENT WAS VERY ENGAGING AND INTERACTIVE.

I WAS ABLE TO SHARE THAT SPACE WITH TRUSTEE PACHECO.

AND SO WE HAD A WONDERFUL TIME THERE AS WELL.

WITH BELLFLOWER, WE WERE ABLE TO HEAR DATA AND TRENDS AND INITIATIVES WITH BELLFLOWER UNIFIED FROM THEIR NEW SUPERINTENDENT, DOCTOR SIMON. AND SO IT WAS A PLEASURE TO BE THERE.

[02:35:03]

AND JUST KNOWING ABOUT OUR PARTNERSHIPS WITH BOTH DISTRICTS AND HOW WE ARE PROVIDING EQUITY AND ACCESS THROUGH THE DUAL ENROLLMENT PROGRAMS THAT WE HAVE IN BOTH DISTRICTS, AS WELL AS EARLY COLLEGE. I WANT TO SAY THAT IS ABOUT IT.

BUT AGAIN, I HAD A WONDERFUL TIME REPRESENTING CERRITOS COLLEGE THIS MONTH.

THANK YOU. THANK YOU. TRUSTEE RIOS. NO REPORT.

TRUSTEE. BIRKEY. NO REPORT. TRUSTEE LEWIS. OCTOBER WAS A BUSY MONTH, AS IT WAS FOR MANY OF US.

SO JUST A REAL QUICK LIGHTNING ROUND OF LET'S SEE.

I WENT TO ON OCTOBER 7TH TO THE LA MIRADA CHAMBER MEETING AT THE GOLF COURSE WITH MAYOR ED ENGH TALKING ABOUT THE INNOVATIONS THAT THE CITY OF LA MIRADA IS DOING.

ON OCTOBER 8TH, I WENT WITH OUR STUDENT TRUSTEE TO THE SANTA FE SPRINGS STATE OF THE CITY.

AND THEN THE 11TH WENT TO THE NORWALK HALLOWEEN PARADE WITH OUR PRESIDENT AND FRANCO, THE SKELETON FALCON IN THE BACK OF THE TRUCK THERE. THAT WAS A LOT OF FUN.

AND I LOOK FORWARD TO THE NEXT ITERATION OF OUR FLOAT FOR FOR NEXT YEAR.

AND THEN I THINK THEN THE NEXT ONE WOULD BE THE.

BUT THERE WAS SOMETHING ELSE, BUT I GUESS NOT. AND OUR FUTURE FALCON.

YES. SO I'M FLIPPING THROUGH MY CALENDAR HERE, AND NOW I'M GETTING TO WELL, HOLD ON.

THE HALLOWEEN FEST AT NEFF PARK WAS ON FRIDAY THE 31ST, AND THEN THE DAY BEFORE THAT, ON OCTOBER 30TH, WAS THE DEDICATION OF LA MIRADA'S FOUNTAIN PLAZA, WHICH OUR FOUNTAIN AT CITY HALL HAS BEEN OFF FOR ABOUT TEN YEARS.

AND OVER THE LAST TWO YEARS, THE CITY HAS BASICALLY RENOVATED IT AND MADE SURE THAT THE PIPES WERE LEAKING AND WEREN'T CRACKED.

EVER SINCE IT WAS TURNED OFF FOR THE DROUGHT ABOUT TEN YEARS AGO.

AND NOW IT'S A BEAUTIFUL PLAZA AND I'D INVITE EVERYBODY TO COME AND TAKE A LOOK.

AND THEN, OF COURSE, YESTERDAY WE HAD THE K THROUGH 12 PARTNERS BREAKFAST WITH DON AND ANDREA AND MANY OTHER PARTNERS, BOTH HERE AT CERRITOS, ESPECIALLY EPP AND EVERYBODY WAS WELL, CAME FROM ALL OF OUR PARTNER DISTRICTS, INCLUDING OUTSIDE OF OUR DISTRICT, PARAMOUNT AND VALLEY CHRISTIAN, WHICH IS MY RIVAL AS WHITTIER CHRISTIAN ALUM.

BUT THAT'S OKAY. WE STILL LOVE THEM. AND I BROUGHT MY FUTURE FALCON VERA OVER TO THAT.

AND SHE DID A VERY GREAT JOB AND LISTENED ABOUT AS WELL AS SHE COULD AS A THREE YEAR OLD COULD TO TO TO ALL OF THAT.

BUT YEAH. WE IT WAS A VERY BUSY OCTOBER AND I LOOK FORWARD TO NOVEMBER.

YEAH. THANK YOU, DOCTOR FIERRO. SUPER BUSY. I WAS THINKING, WOW, I CAN'T REMEMBER DOING ALL THIS, BUT I GUESS WE DID A LOT OF THINGS. SO ON OCTOBER 15TH, IN IN THE EVENING, I HAD THE OPPORTUNITY TO ATTEND THE MEN'S WRESTLING COLLEGE DUAL, AN EVENT THAT WAS ORGANIZED BY DUSTIN KIRK. HIS OUR WRESTLING COACH. I CAN'T REMEMBER LAST TIME IN A COLLEGE EVENT LIKE THAT THAT THE ENTIRE GYM WAS FILLED AND, LIKE, JUST ABOUT TO EXPLODE WITH PEOPLE YELLING AND HAVING A GOOD TIME AND STUDENTS IN AND OUT.

INCREDIBLE WORK THAT KIRK DID, RECRUITING STUDENTS FROM THE LOCAL HIGH SCHOOLS TO COME AND EXPERIENCE THE MATCHES.

OTHER COACHES FROM THE AREA COMMUNITY MEMBERS.

IT WAS IT WAS A VERY LARGE MIX OF PEOPLE THAT ATTENDED THAT JUST GOES TO SHOW THE QUALITY OF FACULTY THAT WE HAVE AND THE EFFORT THE HE'S REALLY MAKING TO BUILD OR WRESTLING PROGRAM AT CERRITOS COLLEGE WITH A LOT, BUT I MEAN, A LOT OF COMMUNITY PARTICIPATION.

I WASN'T SURE WHAT TO EXPECT. AND WE WALKED INTO THE GYM AND IT WAS ABOUT TO EXPLODE.

AND MUSIC LIGHTS, IT WAS IT WAS REALLY, REALLY FUN TO BE THERE.

IT TOOK ME A WHILE TO UNDERSTAND WHAT WAS HAPPENING.

I HAD NEVER SEEN A WRESTLING MATCH, BUT IT WAS SUPER FUN TO BE THERE.

[02:40:02]

AND A BIG SHOUT OUT TO TO DUSTIN FOR THE TREMENDOUS WORK HE'S DOING OUT THERE.

I'VE BEEN INVOLVED FOR A WHILE IN COUNTY DISCUSSION BETWEEN THE COMMUNITY COLLEGES, SOME OF THE ECONOMIC GROUPS OF LA COUNTY CALIFORNIA STATE UNIVERSITY REPRESENTATIVES AS TO HOW WE CAN EXPAND THE ACCESS FOR BACCALAUREATE DEGREES IN NURSING, GIVEN THE FOR TWO CONSECUTIVE YEARS THE GOVERNOR HAS VETOED THE EXPANSION OF BACCALAUREATE DEGREES IN NURSING.

SO WE'RE TRYING TO FIND DIFFERENT WAYS TO COLLABORATE WITH LOCAL GOVERNMENT AND ECONOMIC DEVELOPMENT AUTHORITIES AND OBVIOUSLY THE CSU PARTNERS TO FIGURE OUT A WAY IN WHICH HOW IN WHICH WE CAN OPEN ACCESS TO BACCALAUREATE DEGREES, REUSE IN NURSING TO COMMUNITY COLLEGE STUDENTS IN A MORE EQUITABLE AND BROAD AREA. AND WE ARE ABOUT TO RELEASE A PRETTY LARGE STUDY AND A REPORT THAT SHOWS THE ECONOMIC IMPACT, THE ACTUAL NEED, AND A FEW SUGGESTIONS AS TO HOW WE COLLABORATE.

WELL, I WOULD LIKE TO OFFER A LOCAL BACCALAUREATE DEGREE HERE IN CERRITOS COLLEGE.

UNTIL THAT IS THE CASE, THE PROBLEM TO SOLVE IS HOW WE PROVIDE EQUITABLE ACCESS FOR FUTURE NURSES AT OUR REGION, REGARDLESS OF WHO PUTS THE NAME ON THE DEGREE.

SO, AGAIN, DON'T GET ME WRONG, AND ONE CERRITOS COLLEGE TO BE THE SIGNATORY.

BUT IF THAT MEANS THROUGH THIS PARTNERSHIP, WE CAN PROVIDE ACCESS THROUGH LONG BEACH OR TO FULLERTON OR DOMINGUEZ HILLS.

I AM TOTALLY FINE WITH THAT. UNTIL THE MOMENT THAT WE CAN OFFER OR OWN ON BACCALAUREATE DEGREE.

SO WE ARE REVIEWING THE LAST DRAFT OF THAT. AND ONCE THAT IS AVAILABLE, I'LL BE SURE TO SHARE WITH ALL OF YOU.

WE HAVE BEEN WORKING ON THIS. I DON'T KNOW, MAYBE FOR A YEAR OR SO, ACTUALLY, SINCE THE LAST VETO OF THE GOVERNOR, WE BEGAN WORKING ON THIS, AND IT'S GOING PRETTY WELL.

STUDENT COMMUNICATION. IT WAS GREAT. THANK YOU FOR HELPING US ORGANIZE THAT.

WE TALKED A LOT ABOUT MONEY, THE VALUE OF EDUCATION, HOW TO MONETIZE A DEGREE, THE IMPORTANCE OF CONNECTING THE DIFFERENT STEPS.

THE NOT EDUCATION IS ABOUT EDUCATION. WHAT IS WHAT IS BAD IS NOT PROVIDE A CONTINUOUS PATHWAY AND INFORM THE STUDENTS OF THE DIFFERENT STEPS AS TO WHERE THEY NEED TO GO IN ORDER TO BE ABLE TO MONETIZE THAT HOW MUCH IT COSTS THEM TO BE IN A CLASSROOM, EVEN IF THEY'RE GETTING TUITION WAIVERS AND SO ON.

SO SO WE DID SOME VERY INTENSE AND AND HEAVY TOPICS.

BUT I THINK AT THE END OF THE DAY, MOST OF ALL THE STUDENTS STARTED TO UNDERSTAND THAT GOING TO SCHOOL HAS MULTIPLE MEANINGS AS TO HOW THE VALUE IS RECEIVED. KNOWLEDGE IS ALWAYS GREAT VALUE, BUT IT NEEDS TO ALSO BE APPLIED AS TO HOW WE CAN MONETIZE THAT AND ENSURE THE THE WE ARE CONTRIBUTING TO, TO A GREAT FUTURE.

FOR ALL OF OUR STUDENTS. WE HAD THE OPPORTUNITY TO CONVENE WITH THE 19 CAMPUSES OF COLLEGES ACROSS THE LA COUNTY AND HAVE A MEETING UP WITH SOME OF THE CHANCELLOR'S OFFICE OFFICIALS, AND SOME OF US HAD THE SMALLER MEETINGS WITH THE CHANCELLOR ABOUT A WEEK OR SO AGO.

SO WE SHARED PRACTICES AS TO HOW WHAT WE DO ON CAMPUS ALIGNS WITH VISION 2030.

IT WAS IT WAS A GREAT MEETING. IT WAS A GREAT TIME TO BE ALL TOGETHER THERE, BUT NOT NECESSARILY FOR THE CONTENT THAT WAS DELIVERED, BUT FOR THE CONVERSATIONS THAT TOOK PLACE IN THE SMALLER GROUPS AND VERY, VERY REAFFIRMING THAT WE ARE DOING EXCELLENT WORK AT CERRITOS COLLEGE LIKE EXCELLENT WORK. I WAS IN SEPARATE MEETINGS FOR THE MOST PART.

THE TEAMS WERE WORKING IN SMALLER GROUPS. I WAS NOT INVOLVED IN THAT.

AND WITHOUT FAIL EVERY TIME THE TEAMS GOT OUT OF THE DIFFERENT MEETINGS.

MAN, I'M GLAD WE'RE DOING SO WELL. I'M GLAD WE ARE AHEAD OF WHAT'S SUPPOSED TO BE HAPPENING.

WE ALREADY IMPLEMENTED SO MANY THINGS OF WHAT IS REQUIRED.

SO I WANT TO THANK ALL THE FACULTY, ALL THE STAFF, ALL OF OUR ADMINISTRATORS OR CONFIDENTIAL AND OBVIOUSLY THE BOARD FOR THE INCREDIBLE SUPPORT, BECAUSE IT'S INCREDIBLY REASSURING TO GO TO A CONVENING WHEN WE KNOW WE DON'T HAVE TO

[02:45:04]

CATCH UP, THAT WE'RE ALREADY LEADING THE WAY AND ESSENTIALLY THINKING ON ON WHAT IS NEXT.

LAST BUT NOT LEAST I WOULD LIKE TO ONCE AGAIN EXTEND MY SINCERE CONDOLENCES AND CONDOLENCES AND GRATITUDE TO THE FAMILY OF AARON MILES, WHO PASSED AWAY RECENTLY.

AND WE HAD THE OPPORTUNITY TO ATTEND THE FUNERAL, MEET SOME OF HER FRIENDS AND FAMILY THERE.

AND THE MESSAGE THE WE ALL TOOK AWAY IS THAT SHE LIVED A WONDERFUL LIFE.

NOT ONLY WAS I A GREAT PERSON HERE ON CAMPUS, BUT AN INCREDIBLE MEMBER OF HER COMMUNITY.

EVERYONE SPOKE SO, SO HIGHLY ABOUT HER. SO IT WAS IT WAS REALLY NICE TO TO TO HEAR THAT, TO SEE THAT AND OBVIOUSLY TO SUPPORT THE FAMILY.

THANK YOU. I ALSO WENT TO SEVERAL EVENTS. TRUSTEE GREEN.

WE ALSO WENT TO THE BELL GARDENS AQUATIC CENTER.

GRAND OPENING. YOU FORGOT THAT ONE. SO I'LL GO AHEAD AND MENTION THAT ONE.

WE WENT TO THE GRAND OPENING IN BELL GARDENS AND MADE SURE THAT OUR COLLEGE WAS REPRESENTED.

I ALSO OF COURSE, ATTENDED THE HALLOWEEN PARADE.

AND IT WAS GREAT TO SEE THAT THE CITY COUNCIL OF CERRITOS RECOGNIZED OUR PRESIDENT FOR ALL THE WONDERFUL WORK HE DOES AND HIS DEDICATION TO THE COLLEGE. THAT CONCLUDES MY COMMENTS. BECAUSE SOME OF THE OTHER THINGS THE OTHER BOARD MEMBERS HAVE ALREADY MENTIONED. AND FROM HERE WE'RE GOING TO MOVE ON TO CLOSED SESSION.

[9. Closed Session]

DO WE NEED TO REPORT OUT THREE ITEMS? I GUESS I'LL BE REPORTING OUT AFTER CLOSED SESSION.

ALL RIGHT. IT IS REPORTED THAT IN CLOSED SESSION, THE BOARD OF TRUSTEES APPROVED THE APPOINTMENT OF JENNY MAE AS ACCOUNTING MANAGER.

GRADE 28, STEP FOUR OF THE MANAGEMENT SALARY SCHEDULE.

EFFECTIVE NOVEMBER 6TH, 2025. THE VOTE WAS SIX YES, ZERO NO'S ONE ABSENT.

ITEM 9.03 IT IS REPORTED IN CLOSED SESSION. THE BOARD OF TRUSTEES APPROVED THE EMPLOYMENT OF MICHAEL METERS AS ACTING DIRECTOR OF HUMAN RESOURCES RISK MANAGEMENT GRADE 37, STEP ONE OF THE MANAGEMENT SALARY SCALE, EFFECTIVE NOVEMBER 6TH, NOT TO EXCEED MAY 13TH, 2026. THE VOTE FOR APPROVAL WAS SIX.

YES, ZERO NOES ONE ABSENCE. ITEM 9.04. IT IS REPORTED THAT IN CLOSED SESSION, THE BOARD OF TRUSTEES APPROVED THE EMPLOYMENT OF CARLY RIOS AS ACTING DIRECTOR OF DIVERSITY, COMPLIANCE AND TITLE NINE, GRADE 37, STEP ONE OF THE MANAGEMENT SALARY SCHEDULE, EFFECTIVE NOVEMBER 6TH, 2025, NOT TO EXCEED MAY 13TH, 2026. THE VOTE WAS FOR APPROVAL WAS SIX YES, ZERO NOES AND ONE ABSENCE.

THIS CONCLUDES OUR BOARD OF TRUSTEES MEETING.

* This transcript was compiled from uncorrected Closed Captioning.