SOLEDAD COMMUNITY HEALTH CARE DISTRICT

BROWN ACT POLICY

Background and Purpose

The Board of Directors (“Board”), as the legislative body of the Soledad Community Health Care District (“District”), hereby adopts the following policies regarding the conduct of the District with respect to the Brown Act and the open and public requirements of District meetings.  To that end, the following protocol will be followed.

Definitions

For purposes of this policy, the following definitions apply:

“District” shall mean the Soledad Community Health Care District.

“Board of Directors” shall mean any elected Board sitting on a legislative body of the District.

“BOD Policy and Procedures” shall mean the policies and procedures of the District Board of Directors.

“Brown Act” shall mean the statutes found at Government Code 54950 et seq. and any related regulations.

“Political Reform Act of 1974 ” shall mean the statutes found at Government Code 81000 et seq. and any related regulations.

Policy/Protocols

1.         All meetings of the Board of Directors shall be conducted in accordance with the Brown Act and such additional requirements as set forth in any other BOD Policy and Procedures.

2.         Meetings of the Board of Directors shall be held the last Thursday of each month at 4 p.m. at the offices of Eden Valley Care Center, 612 Main Street, Soledad, CA  93960.  The Board of Directors may from time to time, by majority vote, change the time and place of a regular meeting. 

3.         As the  Board of Directors encourages public participation at its meetings (whether regular, special, study sessions, or emergency) and to facilitate communications, the Board of Directors will ensure agendas are posted in the required timeframe on the District website in addition to other legal requirements.  The place, date and time of the meeting shall be indicated on the agenda.  Each agenda shall include a time for public comment on non-agenda items as well as comment opportunity on each action agenda item when called for a vote. 

4.         The President of the Board of Directors shall preside at all board meetings at which they are present. In absence of the President, the Vice President shall perform the President's duties and have the President's rights. The President shall call the meeting to order at the time set on the agenda or as soon as a quorum is present. A majority (3 of 5 members) shall constitute a quorum for transaction of business. An abstention does not count as a vote for or against. If no directors are present, the clerk of the Board shall adjourn the meeting to a future date and time. A notice of the adjournment including the future date and time of the adjourned meeting shall be conspicuously posted on or near the door of the place where the meeting was held. If the date of the adjourned meeting is within five (5) days of the original meeting, no new agenda need be posted if no additional agenda items are added. If the date of the adjourned meeting is more than five (5) days a new agenda must be posted. Ordinarily, items on the agenda will be considered in the order set forth in the agenda. However, the President may alter the order of items on the agenda, as the President deems necessary for the good of the meeting. The President shall have the same rights as the other Board members in voting, introducing or seconding motions and resolutions as well as participating in discussions. No action may be taken by secret ballot (Government Code Section 54953(c)) and all votes taken during a teleconferenced meeting shall be by roll call. (Government Code Section 54953(b)(2)).

5.         The President of the Board of Directors, as necessary to conduct business of the District, can call special meetings or study sessions in accordance with the Brown Act.

6.         The Board of Directors shall observe all applicable conflict of interest rules. If a financial interest is determined by any Board member they must abstain from any vote that may be in violation of Government Code 1090 or the Political Reform Act of 1974.  The Director shall leave the meeting room during any discussion and the vote and shall state the reason for abstention.

7.         The annual organizational meeting of the District shall be held at a regular Board of Directors meeting held in the month of  January each year or at an earlier meeting if called. At that meeting officers shall be elected.