Purpose

The legislature clearly intended that the 55% vote go hand-in-hand with vigorous scrutiny and enforcement of how bond funds are spent.  The citizens’ oversight committee is designed to ensure that spending decisions made by elected officials will be subject to direct taxpayer review, and that the public will be promptly alerted to any waste or abuse.

Powers

The committee may review the annual, independent financial and performance audits required by Proposition 39, make physical inspections of the school buildings and grounds, and review deferred maintenance plans and other cost-savings efforts in building design and use.  The Board is required to provide administrative and any necessary technical assistance to the committee, including sufficient resources to publicize the committee’s conclusions, all without spending bond funds.

Charge to Committee

The committee’s legal charge is to inform the public about the expenditure of bond proceeds.  The committee is not granted any powers to determine how bonds funds may be spent; indeed, it need not even be considered advisory to the Board, and the Board may prefer to establish separate facilities or bond advisory groups.  However, apart from the precise legal guidelines, the Board appears to have a lot of flexibility in what it asks or allows the committee to address.  The Board should spend time dev eloping a specific written charge to the committee, so that all parties-the committee, the public, the Board itself-may know just what is expected.  The Board should consider revising the charge as experience demonstrates what is and isn’t working.

The committee shall have the following activities:

• Actively review and report on the proper expenditure of taxpayers’ money for school construction.
• Advise the public as to whether the school district is in compliance with the requirements of Article XIIIA, Section 1(b)(3) of the California Constitution, that is to make sure that bond funds are spent on specific school facilities listed in the bond measure, and not on teacher or administrator salaries or school operating expenses.

I.

Membership — Appointment, Qualifications, and Term of Office

A.

Membership on the Citizens’ Oversight Committee

The committee must consist of at least seven members, though the Board may appoint additional members as it sees fit, and there is no upper limit on the size of the committee.  The committee must include members who represent the first five of the following:

1.

(Legal Requirement) One member who is active in a business organization representing the business community in the District;

2.

(Legal Requirement) One member who is active in a senior citizens' organization;

3.

(Legal Requirement) One member who is active in a bona fide taxpayers' organization;

4.

(Legal Requirement) Two members who are parents or guardians of children enrolled in the school district’s elementary schools one of which is active in a parent-teacher organization.

5.

(Legal Requirement) Two members who are parents or guardians of children enrolled in the school district’s middle school or high school one of which is active in a parent-teacher organization.

6.

(Legal Requirement) The following categories of people are prohibited from serving on the committee:  District employee, vendor, contractor, or consultant.

B.

The Board will appoint the members of the Citizens’ Oversight Committee through the following process:

1.

(Board Discretion) Vacancies for membership on the committee shall be advertised appropriately;

2.

(Board Discretion) Two Board Members and the Superintendent/Designee will review the applications received and will make recommendations to the full Board;

3.

(Board Discretion) The Board of Education will review the recommendations and, in a duly noticed public session, the Board will make a final decision regarding appointments. 

C.

Term

1.

(Legal Requirement) Members of the Citizens’ Oversight Committee shall serve without compensation for a term of two years and for no more than two consecutive terms. 

D.

Removal From Membership

(Board Discretion) The Board of Trustees may remove members of the Citizens Oversight Committee based on lack of attendance at meetings.

E.

Process for Replacement

(Board Discretion) If mid-term vacancies occur, the process for replacement shall generally follow the same process as for regular appointments. 

F.

The Citizens Oversight Committee shall be dissolved when all Bond funds are exhausted and the final audits are complete.

II.

Authority

A.

Citizens’ Oversight Committee Role

1.

 (Legal Requirement) The role of the Oversight Committee shall be as set forth in Education Code Section 15264 as that section now exists or may heretofore hereafter be amended.  Specific duties shall be to inform the public concerning the District's expenditure of revenues received from the sale of general obligation bonds authorized by the voters on November 5, 2002.

2.

(Legal Requirement) To carry out its role, the Citizens' Oversight Committee may:

a.

receive and review copies of the annual independent performance audit conducted to ensure that the bond revenue has been expended only on the specific projects listed in the bond proposition;

b.

receive and review copies of the annual independent financial audit of the bond revenues and expenditures;

c.

inspect District facilities and grounds to ensure that the bond revenues are expended in compliance with the requirements of paragraph (3) of subdivision (b) of Section 1 or Article XIIIA of the California Constitution;

d.

receive and review copies of deferred maintenance proposals or plans developed by the District; and,

e.

review efforts by the District to maximize bond revenues by implementing various cost saving measures.

3.

Legal Requirement) The Citizens’ Oversight Committee must report on its activities at least once a year.

4.

The District shall establish a website for the Committee’s use in disseminating its minutes, documents and reports. (see Education Code 15280(b))

B.

Legal Capacity of the Citizens’ Oversight Committee

1.

(Legal Requirement) The Citizens’ Oversight Committee is the citizens' advisory committee established pursuant to Education Code Section 15264, et seq.

2.

(Legal Requirement) The Citizens’ Oversight Committee legal authority shall be as set forth in Education Code 15264, et seq.

C.

Selection of Chair and Vice Chair

1.

The members of the committee shall annually elect a chairperson and vice chairperson at their first meeting in March following the appointment of successors to fill expired terms of office.  Officers so elected shall serve at the pleasure of the committee.

III.

Procedures for Citizens’ Oversight Committee Meetings and Support

A.

District Support of the Committee:  The Board of Trustees, without any use of bond funds, shall provide the committee with:

1.

Any necessary technical assistance and administrative assistance in furtherance of the committee’s purpose.

2.

Sufficient resources to publicize the conclusions of the committee.

IV.

Conduct of Meetings

A.

Quorum

(Legal Requirement) A quorum of the Citizens’ Oversight Committee shall consist of 50% plus one member of the Citizens’ Oversight Committee.

B.

Public Meetings

1.

Regular attendance by committee members is essential to effective operation of the committee.

2.

The committee shall meet at least once a quarter.

3.

Regular meeting dates, times, and places shall be established by the committee and shall be published/posted in accordance with

the Ralph M. Brown Act and with district procedures.  All committee proceedings shall be open to the public and shall be subject to the provisions of the Ralph M. Brown Act.

C.

Public Records

(Legal Requirement) Minutes of the proceedings of the Citizens' Oversight Committee and all documents received and reports issued shall be a matter of public record.

D.

(Legal Requirement) Committee decisions shall be by majority vote of the members of the committee present, provided that there is a quorum.