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Board adopts BP 5.33 on delegation of authority; board members debate credential implications
Summary
The San Bernardino County Board of Education approved updated board policy 5.33 delegating certain signature and administrative duties to assistant superintendents on a rotating monthly schedule; several members raised legal and procedural concerns about certifying non-credentialed staff to act in the superintendent’s absence.
The San Bernardino County Board of Education on Feb. 10 adopted Board Policy 5.33, updating the board’s rotational delegation of responsibility and authority to assistant superintendents for administrative matters in the superintendent’s temporary absence.
Under the policy as adopted, designated assistant superintendents will assume specified delegation responsibilities on a monthly rotation for items that require the superintendent’s signature or timely action. The adoption added the recently appointed assistant superintendent for technology to the existing rotation.
The measure prompted questions from board members about the scope of delegations and whether staff without administrative credentials qualify under the Education Code for temporary appointment to superintendent-level duties. Member Rita Fernandez Liu (Fernandez Loof in transcript) voiced concern that the Education Code (Ed. Code §§1206–1208) requires certificated credentials for elected or appointed county superintendents and said she would not support a policy that effectively treats noncertificated staff as acting superintendents. “I don’t see that,” she said, urging legal clarity before delegating decision authority. Other board members and the superintendent described the policy as a practical operating procedure to maintain business continuity when the superintendent is unavailable for short periods and said it is not an appointment to the elected office of superintendent.
Superintendent Ted Alejandre explained the procedure is commonly used for clerical signature authority and administrative continuity; the executive team said the practice has been in place for years and the policy formalizes a routine rotation. County legal counsel previously reviewed statutory issues and staff described internal safeguards that would be used when more significant or prolonged absences occur.
The board approved the policy by voice vote; the transcript records the motion, a second and a subsequent “Aye” vote and a “Motion carried.” The meeting record does not include roll-call tallies in the transcript.
Why it matters: Delegation policies determine who can sign contracts, approve routine business items and act on time-sensitive operational matters in the superintendent’s temporary absence. Board members asked for clear limits so delegations do not conflict with statutory certification requirements for the elected superintendent’s office.
Ending: The board adopted BP 5.33; several members asked staff to clarify in writing the statute-related limitations and the procedures that would apply in prolonged absence or incapacitation.
