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Rules & Legislation Committee
September 12, 2024

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September 12, 2024
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CITY HALL ▪1 FRANK H. OGAWA PLAZA, 2 nd Floor ▪ OAKLAND, CALIFORNIA 94612 Honorable Treva Reid
Councilmember, District 7

CITY OF OAKLAND

510-238-7007
[email protected]

MEMORANDUM

To: City Council and Members of the Public

From: Councilmember Treva Reid, District 7

Re: INFORMATIONAL REPORT ON FORMALLY ESTABLISHING THE CITY COUNCIL EDUCATION PARTNERSHIP COMMITTEE PURSUANT TO RULE 4 OF

THE COUNCIL RULES OF PROCEDURE AND PRESCRIBING THE JURISDICTION

AND MEMBERSHIP OF THE COMMITTEE

Dear City Council Colleagues and Members of the Public,

My office is bringing forth this informational report to discuss proposed legislation to formally establish the Education Partnership Committee as a standing committee of the Oakland City Council.

On February 6, 2018, the City Council passed Resolution No. 87044 C.M.S., which sets forth the current Rules of Procedure for the Oakland City Council (“Council Rules of Procedure”). Rule 4 of the Council Rules of Procedure authorizes the City Council to establish, by Council Resolution, ad hoc or standing committees as it deems appropriate. The Education Partnership Committee has been meeting for several years. Still, the City has no record of it being formally established by Resolution as an ad hoc or standing committee of the City Council.

On January 9, 2023, the City Council adopted Resolution No. 88547, which appointed the members and the chair of all Council committees, including the Education Partnership Committee, for calendar years 2023 -2025. Historically, the Education Partnership Com mittee has included four (4) members of the Oakland City Council and four (4) members of the Oakland Unified School District Board of Education (“OUSD Board”). However, the OUSD Board members were not appointed to the Committee in Resolution No. 88547 C.M. S. and have not been appointed to the Committee in previous committee appointment resolutions.

The lack of legislation formally establishing and describing the jurisdiction and structure of the Education Partnership Committee and the fact that OUSD Board members are not appointed or confirmed by the Oakland City Council has created confusion over th e Committee’s jurisdiction, authority to act, voting requirements and other matters during Committee meetings. ������������������

Yours in Service,

Treva Reid
Councilmember, District 7

#OAKLANDLOVELIFE

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APPROVED AS TO FORM AND LEGALITY

DRAFT
________________________
CITY ATTORNEY’S OFFICE

OAKLAND CITY COUNCIL

RESOLUTION NO. ______________ C.M.S.

RESOLUTION FORMALLY ESTA BLISHING THE CITY COUNCIL
EDUCATION PARTNERSHIP CO MMITTEE PURSUANT TO RULE 4

OF THE COUNCIL RULES OF PROC EDURE AND PRESCRIBING THE

JURISDICTION AND MEMBERSHIP OF THE COMMITTEE

WHEREAS, Resolution No. 90066 C.M.S. sets forth the current Rules of Procedure for the Oakland City Council (“Council Rules of Procedure”); and

WHEREAS, Rule 4 of the Council Rules of Proce dure authorizes the City Council to establish, by Council Resolution, ad hoc or standing committees as it deems appropriate; and

WHEREAS, Rule 4 of the Council Rules of Pr ocedure provides that the Council President shall appoint all committee members and committee chairs subject to confirmation by a majority of the Council; and

WHEREAS, every two years the City Council adopts a resolutio n appointing the members and chair of all Council committees; and

WHEREAS, on January 9, 2023, the City Council adopted Resolution No.89547 C.M.S., which appointed the members a nd the chair of all Council comm ittees, including the Education Partnership Committee for a two-year term; and

WHEREAS, historically, the Education Part nership Committee has included four members of the Oakland City Council and four me mbers of the Oakland Unified School District Board of Education (“OUSD Board”), however, the OUSD Board members were not appointed to the Committee in Resolution No. 89547 C.M. S. and have not been appointed to the Committee in previous committee appointment resolutions; and

WHEREAS, the lack of legislation formally establishing and describing the jurisdiction and structure of the Education Partnership Co mmittee and the fact that OUSD Board members are not appointed or confirmed by the Oaklan d City Council has created confusion over the Committee’s jurisdiction, authority to act, vote requirements and other matters during Committee meetings; and
2 WHEREAS, in accordance with Rule 4 of the Council Rules of Procedure, the City Council now wishes to formally establish the Education Partne rship Committee as a standing committee of the Oakland City Council; now, therefore, be it RESOLVED: That the City Council hereby formally establishes the Education Partnership Committee as a standi ng committee of the Oakland C ity Council pursuant to Rule 4 of the Council Rules of Procedure; and be it

FURTHER RESOLVED : That, except as otherwise provided in this Resolution, all Council Rules of Procedure governing standing committees shall apply to the Education Partnership Committee; and be it

FURTHER RESOLVED: That the jurisdiction, stru cture and special noticing requirements of the Education Partnership Committee shall be as follows:

JURISDICTION
The Education Partnership Committee shall be authorized to consider, discuss and make recommendations to the City Council on the following matters:

 City-wide coordination of educational services and resources for Oakland students;  Summer and after school programming;
 School traffic safety and safe routes to school;
 Shared use of City and OUSD Facilities; and
 Any other matters as assigne d or approved by the City C ouncil Rules and Legislation Committee

MEMBERS: NUMBER, QUORUM AND APPOINTMENT

1. The Education Partnership Committee shall consist of four (4) members of the Oakland City Council.

2. The City Councilmembers that serve on the Education Partne rship Committee and the City Councilmember chair of the Com mittee shall be appointed pursuant to the Council Rules Procedure.

3. A quorum for the conduct of meetings of the Education Partnership Committee shall be three councilmembers; Education Partnership Committee meetings shall be held concurrently with the OUSD Board/subcommittee. Meetings of the Education Partnership Committee may proceed with a quorum of councilmember s regardless of the number of OUSD Board/subcommittee members that are present.

4. If the OUSD Board has appointed one or more students to serve as a member of OUSD Board in accordance with the applicable provisions of the California Education Code, one (1) of the OUSD student board members may likewise attend the joint meeting of the Education Partnership Committee and the OUSD Board/subcom mittee. The student member shall have 3 preferential voting rights, as defined by California Education Code section 35012(d)(4)(B), only, and the preferential vote shall not be co unted for the purpose of the determining the outcome of the Committees’ vote on any matter.

MEETINGS

The regular meeting schedule of the Education Partnership Committee shall be quarterly, the [(1
st/2nd/3rd/4th)] Monday of the month in March, June, September and December at 4:00 p.m. All other meetings shall be considered special meetings.

NOTICING
The City of Oakland will provide public notice of the meetings of the Education Partnership Committee in the same manner it provides public not ice of all City Council committee meetings.

However, to the extent that the number of OUSD Board members that serve on the Education Partnership Committee constitutes a quorum of the OUSD Board or its subcommittees, the Oakland Unified School District shall be separately and solely responsible for noticing the Education Partnership Committee as a concurrent meeting of its Board in accordance with the Ralph M. Brown Act and any other applicable state or local law.

IN COUNCIL, OAKLAND, CALIFORNIA,

PASSED BY THE FOLLOWING VOTE:

AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND

PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –

ATTEST:

ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California

3316709v2/SW

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