Three of the five members of the Board of
Education constitute a quorum. and meetings may be
held with only three members present. With only three
members present, a unanimous vote is required to
approve action items.
Actions requiring 2/3 vote of the Board of Education include:
- Resolution to transfer funds from the
undistributed reserve to any expenditure
classification (Education Code 42600).
- Resolution declaring intention to sell or
lease real property (Education Code 39366).
- Resolution declaring intent of Board to
convey or dedicate property to the state or
any political subdivision (Education Code Sections
39541and 39543).
- Resolution authorizing and directing the
Board president to execute a deed of
dedication or conveyance of property
(Education Code 39543).
- Lease for up to three (3) months of school
property which has a residence on it and
which the district cannot develop for
district purposes for unavailability of
funds (Education Code 39380).
- Temporary borrowing before receipt of fiscal
income. Approval of county auditor and
treasurer required for this action
(Government Code 53821).
- Ordering city or county zoning ordinances
inapplicable that would adversely affect the
use of property for classrooms (Government
Code 53094).
Actions requiring a unanimous vote of the
Board of Education include:
- Private sale of surplus property without
advertisement requires the unanimous vote of
the Board Members present, establishing that
such property is not worth more than $2,500.
Disposal of surplus property in the local
dump requires the unanimous vote of the Board
Members present, establishing that such
property is insufficient in value to defray
the cost of the sale (Education Code 39521).
- Exchange of property of equal value to settle
dispute with landowner adjacent to district
property (Education Code 39491).
- Resolution authorizing and prescribing the
terms of a sale, exchange or lease of
property to other public agencies (Education
Code 39502).
- Resolution authorizing and prescribing the
terms of a community lease for extraction of
gas (Education Code 39431).
Action requiring 4/5 vote of the Board of Education
include:
- The expenditure and transfer of necessary
funds and use of district vehicles and personnel to meet a national or local
emergency created by war, military, naval or
air attack, or sabotage, or to provide for
adequate national or local defense
(Government Code 53790-53792).
- Adoption of a resolution, between July 15 and
August 30, to borrow funds up to 25% of
estimated income and revenue to be received
by the district in any fiscal year.
Adopted: November 3, 1980
Revised: February 17, 1987
