WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a statewide emergency arising from the coronavirus (COVID-19).
WHEREAS, on March 12, 2020, the Ventura County Department of Public Health confirmed 2 cases of novel coronavirus (COVID-19) within the county and declared a local and public health emergency arising from the coronavirus (COVID-19).
WHEREAS, on March 13, 2020, the President of the United States declared a State of Emergency due to the outbreak and spread of a coronavirus (COVID-19).
WHEREAS, on March 13, 2020, the Governor of California signed Executive Orders mandating distance learning, the provision of meals to students and needed services for students with disabilities
WHEREAS, Article I, Section 28, of the California Constitution declares that “[a]II students and staff of public, primary, elementary, junior high, and senior high school … have the inalienable right to attend campuses which are safe, secure and peaceful.”
WHEREAS, Section 1102 of the Public Contract Code defines “emergency” to mean a “sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services,” and section 21060.3 of the Public Resources Code and California Environmental Quality Act Guidelines 14 CCR section I5269(c) defines ”emergency” to mean “a sudden, unexpected occurrence, involving a clear and imminent danger, demand immediate action to prevent or mitigate loss of, or damage to life, health, property, or essential public services.
WHEREAS, under California Public Contract Code Section 20113, in an emergency when any repairs, alterations, work, or improvement is necessary to any facility of public schools to permit the continuance of existing school classes, or to avoid danger to life or property, the board may, by unanimous vote, with the approval of the county superintendent of schools, do the following: make a contract in writing or otherwise on behalf of the district for the performance of labor and furnishing of materials or supplies for the purpose without advertising for or inviting bid; and, notwithstanding section 20114.
WHEREAS, Education Code section 35161 permits the Board to delegate to an officer or employee of the District any of the Board’s powers and duties, and the Board desires to delegate to the District Superintendent certain powers and duties to address the Coronavirus (COVID-19) pandemic.
WHEREAS, Education Code section 17604 authorizes the Board, by a majority vote, to delegate to the District’s Superintendent, or to such persons as the Superintendent may designate, the authority to enter into contracts subject to the provision that “no contract made pursuant to the delegation and authorization shall be valid or constitute an enforceable obligation against the district unless and until the same shall have been approved or ratified by the governing board, the approval or ratification to be evidenced by a motion of the board duly passed and adopted .”
NOW THEREFORE, BE IT RESOLVED AND ORDERED that the Board hereby declares the existence of an ongoing public health emergency within the District arising from the coronavirus (COVID-19) pandemic (“Emergency Conditions”).
BE IT FURTHER RESOLVED AND ORDERED that should any portion of this Resolution be held invalid, the invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provisions or application, and to this end the provisions of this Resolution are declared to be severable.
BE IT FURTHER RESOLVED AND ORDERED that this Resolution is an emergency measure within the mandate and jurisdiction of the Board and is necessary for the immediate welfare of the schools and pupils thereof. Therefore, this Resolution shall become effective immediately upon its adoption and shall remain in effect until repealed by formal Board action.
This RESOLUTION was duly passed by the Board of Trustees of the Oxnard Union High School District, at a meeting held on Wednesday, March 18, 2020, by the following roll call vote;
|Karen M. Sher||Yes|
|Gary Davis, Ed.D.||Absent|
|Beatriz R. Herrera||Yes|
|Steve Hall, Ed.D.||Yes|
Signed and Approved by:
Karen M. Sher, President
Beatriz R. Herrera, Clerk