Orange County Board of Education elects Atherton chair, Padilla vice chair and waives remote-vote restriction

The Orange County Board of Education, at its organizational meeting, voted to waive a board policy limiting the effect of remote participation, elected Mr. Atherton as chair and Wendy Padilla as vice chair by written ballot and signed the board's code of ethics.

Board attorney Jason Weber told members that the board's remote-participation rule (Board Policy 2302, section C.8) normally prevents remote members' votes from counting if those votes are necessary to establish a majority. "If the affirmative votes of 1 or more members participating remotely are necessary to establish a majority or super majority as applicable, the motion will not carry," Weber said, reading the policy language. He also noted the board had discretion to waive that language in light of a recent Supreme Court action that effectively vacated a prior court of appeals ruling.

After a motion to waive the policy provision, the board proceeded with written ballots. Board staff member Mr. McKeown circulated and collected the ballots; the board recorded that remote members Mr. Richmond and Ms. Smiley participated by email and that those emailed ballots were printed and kept with the signed paper ballots as a public record. The board attorney reminded members that each written ballot must be signed and would be retained as a public record.

The chair election concluded with four votes for Mr. Atherton and three votes for Ms. Smiley; the board announced that Mr. Atherton had been elected chair. In the vice chair election, the board recorded four votes for Wendy Padilla and three votes for Bonnie Hauser; the board announced that Wendy Padilla had been elected vice chair. The transcript does not record individual vote-by-name breakdowns beyond those tallies.

The board then signed its code of ethics; remote members were emailed the document to sign and staff confirmed all signatures were received. Before adjourning, members thanked Chair Purcell and Vice Chair Andre for their service. A motion to adjourn carried by voice vote and the meeting ended.

Discussion versus formal action is distinct in the record: the attorney's reading of Board Policy 2302 and the explanation of how emailed ballots would be handled were discussion and procedural clarification; the motion to waive the policy language and the subsequent elections and signing of the code of ethics were formal actions recorded by tally or staff confirmation.

The meeting record indicates the ballots and the emailed remote ballots will be kept on file as public records; no additional votes, budget actions, contracts, or policy adoptions were taken during the portion of the meeting covered by the transcript.