We recently voted as a board to place an operating levy on the upcoming ballot. We have a 5-member board. Now, three board members each have an interest in actively serving on the "LETS PASS THE LEVY" Political Action Committee (PAC). Can three of us meet as members of the PAC meetings (all held off school district property, all outside of school hours, etc)?
April 11, 2014
Looking at your question, I have some concerns about a quorum of the board being on the PAC as well. While I can see the point of view that the three board members would be discussing PAC business, not District business, therefore it's not a board meeting, I think this approach doesn't hold water for several reasons.
Initially, the public meeting laws are going to attach to any discussion by a quorum of the board that is a discussion or even just gathering information related to the Boards jurisdiction. It is important to remember that the PAC is ostensibly advertising and promoting for a bond that will benefit the District. I think it would be difficult to flat out not discuss District concern or even to say that the PAC discussions don't bear any relationship to District business. They are pretty intertwined and I think impossible to untangle. Also, the reason why there is a PAC doing the promotion for this levy is because the District's resources by law cannot be used to promote the levy. As a result, the PAC needs to very clearly be dissociated with the District's business and resources. Having a majority of the board on the PAC would be problematic, not only from an appearance standpoint, but also because it exacerbates what should be a very arms-length relationship between the PAC (which should be community run and based) and the District. As a result, having one or even two board members on a PAC is perfectly feasible and acceptable, but I would advise against any more than that for the reasons outlined above.
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