Special Board Meeting Minutes

Mill Valley School District Board of Trustees
Special Meeting No. 14 - March 14, 2003
MINUTES

Members Present:	Len Gensburg, Jeffrey Freiberg, Paula Reynolds, Brian Swartz
Member Absent:	Monib Khademi
Administrative Staff:	Barbara B. Young, Superintendent Whitney Hoyt, Middle School Principal
Others present:	Brendan Conroy, Attorney Catherine Golden, Parent and Attorney
1. CALL TO ORDER	The Mill Valley School District Board of Trustees, acting as the Governing Board of the Mill Valley School District, met in special session at 8:30 AM on Friday, March 14, 2003 at the Mill Valley School District Administrative Office, 411 Sycamore Avenue, Mill Valley, CA. Vice-President Reynolds called the meeting to order at 8:35 AM and announced that Mr. Khademi was absent as he was out of the country on business.
2. CLOSED SESSION A. Public Comment	Parent/Attorney and Attorney for Student "A" expressed view that this was to be a hearing. Ms. Reynolds said that this was a regular session board meeting that was being held in public, as requested by the parent.
B. Recess - Closed session; confidential student matter	Ms. Reynolds recessed to Closed Session at 8:38 AM for Conference with Legal Counsel: Existing Litigation ( Gov. Code §54956.9(a); Anticipated Litigation (Gov. Code §54956.9(b); Case: Confidential Student Matter.
3. RECONVENE & REPORT	Ms. Reynolds reconvened the public meeting at 9:08 AM and reported that no action was taken in Closed Session.
4. CONFIDENTIAL STUDENT MATTER A. Request to issue subpoenas	Ms. Reynolds made an introductory statement regarding the purpose of the meeting, as follows: "The Governing Board has received a request from the County Superintendent of Schools to issue subpoenas to Mill Valley Police Officer Thomas A. Aiello and a student to appear and testify in a student expulsion hearing. Superintendent Young recommends that the Board issue the requested subpoenas. As required by Education Code Sections 48918(i) and 35146, the student who has been recommended for expulsion and her parent were provided notice of the subpoena request and given an opportunity to object. As permitted by Education Code Section 48918(i)(2), ....., the student’s mother, has indicated that, on behalf of her daughter, she objects to the issuance of the subpoenas, and she has requested that the Board consider her objections in open session. The purpose of this open session is to consider the student’s objections to the issuance of the requested subpoenas. This is not a hearing. It is a business meeting of the Board held in public. The Board will first hear the student’s objections. The Board will then discuss and act on the request. The District is bound to adhere to state and federal student privacy laws. In situations like this, where a student has requested that a matter concerning her be considered by the Board in open, rather than, closed session, Education Code Section 35146 specifically states, “the meeting shall be public except that any discussion at such meeting that might be in conflict with the right to privacy of any pupil other than the pupil requesting the public meeting or on behalf of whom such meeting is requested, shall be in closed session.” You are all cautioned that no one should mention any other student’s name or disclose any information that might identify another student. If that occurs, the Board will immediately adjourn to closed session to conclude its consideration of this agenda item."
- Motion to consider	Moved Freiberg/Seconded Swartz to approve request for issuance of subpoenas to Mill Valley Police Officer Thomas A. Aiello and a student (Student "B") to appear and testify in a student expulsion hearing. There was no board discussion on the motion. Attorney for Student "A" objected to the subpoenas being issued, based on timeline lapse for the case. He said that, after indications that a compromise agreement would be approved, the Board rejected the proposed settlement. He said that the 30 day time period had elapsed, the February 25 continued hearing had been cancelled and was now rescheduled for March 28. He suggested that the Board reconsider the settlement proposal offered by the principal and superintendent. He said that he intended to go to court this week, but decided not to as this meeting had been set. He said that the Board has lost jurisdiction to act on this matter; the Board needed to expel within 30 days. Attorney asked why Student "B" wasn't expelled, as he claims Student "B"'s actions were the same as his client's. Attorney requested that a subpoena be issued for Whitney Hoyt, Middle School Principal. Attorney also requested that a third student (Student "C") be issued a subpoena, as Attorney claims that police report indicates that Student "B" sold marijuana to Student "C". Ms. Reynolds said that the Board, at this time, can only act on the motion before it regarding an item on the agenda.
- Action on motion	The motion to approve the request for issuance of subpoenas to Mill Valley Police Office Thomas A. Aiello and a student (Student "B") to appear and testify in a student expulsion hearing, as moved by Jeffrey Freiberg, seconded by Brian Swartz, was passed by a vote of 4 yeas-0 nays, with 1 absent.
5. ADJOURNMENT	Ms. Reynolds announced that the next regular Board meeting will be at 5:30 PM on Wednesday, March 19, 2003 at the District Administrative Office and adjourned the meeting at 9:17 AM.
	Respectfully submitted, Barbara B. Young, Superintendent & Secretary to Board of Trustees Date of Approval These are unofficial minutes subject to approval by Board of Trustees at its next regularly scheduled meeting.