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Requirements Under the Education Code Regarding Trustees Taking Office and Board Organizational Meetings

CATEGORY: Special Bulletins
CLIENT TYPE: Public Education
PUBLICATION: LCW Special Bulletin
DATE: Nov 12, 2024

As newly elected community college district trustees step into their roles, it’s crucial that they are aware of the legal framework governing the process. In California, the Education Code provides important guidelines for how trustees take office and the procedures for board organizational meetings. Here is an overview of these key provisions to ensure smooth transitions and effective governance.

Taking Office

Trustee elections occur every two years. Trustees serve a term of office of four years and begin on the second Friday in December after their election. This is a fixed date no matter when the election results are certified. Trustees whose terms have expired continue to serve until their successor qualifies. (Ed. Code, § 5017.)  This year, that date falls on December 13, 2024. Before assuming their duties, newly elected trustees must take an oath of office. This is an important ceremonial step, affirming the trustee’s commitment to uphold the Constitution and serve the interests of the community and students. (See Gov. Code, § 1360; Elec. Code, § 10554.)

Organizational Meeting

Boards of Trustees must hold an annual organizational meeting. (Ed. Code, § 72000, subd. (c)(2)(A).)  This meeting must take place within a 15-day period beginning when the Trustees take office. This year, that window is between December 13, 2024, and December 27, 2024.

During this meeting, the board must elect a President and a Secretary. Many Districts also elect a Vice President. The Board also sets its meeting schedule for the upcoming year. This meeting is also a fantastic opportunity for the Trustees to discuss their priorities for the upcoming term, review procedural matters, and make committee assignments. The board has flexibility in selecting the exact date. The board should set the meeting as soon as possible after the election results are certified to allow enough time for preparation and any necessary follow-up actions.

Notice of the Organizational Meeting

The Board must set or confirm the date of the organizational meeting at its “regular meeting held immediately prior to the first day” of the window for the organizational meeting. Usually this is the regular November meeting. The Board Secretary must notify all Trustees of this date in writing at least 15 days in advance of the organizational meeting.

The timing of the organizational meeting is a critical point in the governance cycle. The board must carefully plan the meeting, elect officers, and complete all legal formalities to ensure smooth governance and avoid potential legal issues.

Liebert Cassidy Whitmore attorneys are closely monitoring developments in relation to this Special Bulletin and are able to advise on the impact this could have on your organization. If you have any questions about this issue, please contact our Los Angeles, San Francisco, Fresno, San Diego, or Sacramento office.

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