Article 2. Meetings, Elections, And Judicial Determinations of California Education Code >> Division 8. >> Title 3. >> Part 55. >> Chapter 7. >> Article 2.
Each governing board, or any subboard of the governing
board, of an auxiliary organization shall conduct its business in
public meetings. All governing board and subboard meetings shall be
open and public, and all persons shall be permitted to attend any
meeting of the governing board or subboard of an auxiliary
organization, except as otherwise provided in this article.
Each governing board and subboard shall annually establish,
by resolution, bylaws, or whatever other rule is required for the
conduct of business by that body, the time and locations for holding
regular meetings. Each governing board and subboard shall, at least
one week prior to the date set for the meeting, give written notice
of every regular meeting, and any special meeting which is called, at
least one week prior to the date set for the meeting, to any
individual or medium that has filed a written request for notice. Any
request for notice filed pursuant to this section shall be valid for
one year from the date on which it is filed unless a renewal request
is filed.
A special meeting may be called at any time by the presiding
officer of a governing board or subboard, or by a majority of the
members of the governing board or subboard, by delivering personally
or by mail written notice to each member of the board or subboard,
and to any medium or other party to be directly affected by a
meeting, or any other person who has requested notice in writing. The
call and notice of a special meeting shall be delivered at least 24
hours prior to any meeting and shall specify the time and place of
the special meeting and the business to be transacted. No other
business shall be considered at these meetings by the governing board
or subboard. Written notice may be dispensed with as to any member
who, at or prior to the time the meeting convenes, files with the
clerk or the secretary of the governing board or subboard a written
waiver of notice. The waiver may be given by telegram. Written notice
may also be dispensed with as to any member who is actually present
at the meeting at the time it convenes.
Any governing board or subboard may hold closed sessions to
consider matters relating to litigation, collective bargaining, or
the appointment, employment, evaluation of performance, or dismissal
of an employee, or to hear complaints or charges brought against an
employee by another person or employee, unless the employee requests
a public hearing. For the purposes of this section, "employee" does
not include any person elected or appointed to an office. A board or
subboard, upon a favorable majority vote of its members, may also
hold a closed session to discuss investments where a public
discussion could have a negative impact on the auxiliary organization'
s financial situation. In this case, a final decision shall only be
made during public sessions.
No governing board or subboard shall take action on any
issue until that issue has been publicly posted for at least one
week.
Each auxiliary organization shall establish, by
constitution, statute, bylaws, or resolution, provisions for
elections of officers and board members. These provisions shall be
designed to allow all those eligible to vote complete access to all
information on issues and candidates. These provisions shall include,
but not be limited to, provisions for sample ballots, numbers of
days and hours for voting, polling locations, and notice of
elections.
Where the constitution or articles of incorporation of an
associated students auxiliary organization provides for a judiciary
or judicial council with powers separate from the governing board of
the auxiliary organization, decisions rendered by the judiciary or
judicial council shall be final.
Each member of a governing board pursuant to this article
who attends a meeting of the governing board where action is taken in
violation of any provision of this article, with knowledge of the
fact that the meeting is in violation of this article, is guilty of a
misdemeanor.
This article is not applicable to either of the following:
(a) Any entity formed or operating pursuant to Section 89300.
(b) The governing board of any statewide student organization that
represents the students of the California State University.