Big Bad Bonds™
Clearinghouse Opposing the Coming Deluge
in School and Community College Bonds
in School and Community College Bonds
Commentary:
With respect to Proposition 39 bond oversight, the legislature has preempted the field. All elements defined in the Education Code are the law for all districts that voluntarily avail themselves of the beneficial provisions of Proposition 39. Governing boards do not have the authority to change the legislative scheme. There's no statutory authority for anything in this document.
This document purports to be the basis for an "independent" oversight committee. In fact, it is neither binding nor enforceable. There are no sanctions for violations. It's between two sides of the same coin. There is nothing in it that is not voluntary. There is no evidence it's based on any disputed issues. It's changeable at will. There are no sanctions for violating any portion of it. It's all for show. The signatures mean nothing. This legalistic facade hides an empty shell populated by maggots feeding on the carcass of the public trust. Note that the signatories are the governing board president (public employee), superintendent (public employee), inspector general (public employee), and the committee chair (oftentimes a public employee). It's often referred to elsewhere in District documents as the "Charter and MOU or simply the "Charter."
The membership restrictions and qualifications make any committee convened under this document the complete antithesis of an independent watchdog. You really have to check out the California Tax Reform Association. It's idea of reform is to increase your taxes and funnel those increases to its members. What about an organization that actually has dues-paying taxpayers? Let's do a survey and ask 1,000,000 people who live in the District (excluding the District's governing board, members of the committee, and District employees involved in facilities and oversight) to name a taxpayer association anywhere in California. Do you think you'd get anyone to name this union lobbyist front organization?
If you think you can become a member of this "bona fide taxpayer association," let me disabuse you of that thought right now. Here are the members, right from its web site.
Every one of these "members" is a tax-taker. Every one of them lobbies against taxpayers.
The members of the committee are, allegedly, volunteers. They get reimbursed, not by the organization that sponsors them, but by the District, with your taxpayer dollars. I guess it's not enough that many of them are public employees who are already funded by your taxes. The remainder are connected with organizations that all benefit from preferential tax treatment, if not outright grants of public resources.
The composition of this committee, in an of itself, should be enough to force its dissolution immediately.
You don't have to look far to see that this committee performs no oversight. It's just a link in the chain of the District's bureaucratic maze to give it cover for its continual and rampant violation of the restrictions on the use of bond funds placed on it by Proposition 39.
On the committee's web page (no, it's not a "web site" as required by the legislature), if you dig a little, you get to this curious tab called Meeting Resolutions under Meetings.
Let's look at the first resolution for 2017 -- Resolution 2017/01 - Amendment to the Transportation Services Division Strategic Execution Plan to Approve the Purchase of District School Buses. Bus purchases? Paid for by Measure Q facilities funds? What's going on here?
Here's what Measure Q said:
School buses:
- Replace existing, diesel buses with modern vehicles meeting California's strict air-emissions standards and reducing operating costs
The District put a lot of illegal uses of bond funds in the measure. Why? Because it can and there is nothing anyone, except the Registrar of Voters, can do to stop it. The Registrar of Voters feeds off bond measures as well, so there is no incentive to cut off it's lucrative ballot measure business by requiring districts to comply with the California Constitution.
Just because something is listed in a measure doesn't make it legal. The California Constitution defines the permissible, legal uses of bond funds. Neither, the legislature nor the District can change the Constitution, no matter how much they'd like to.
While the voters may have seen this item buried in the 76-page ballot measure, do new buses to reduce operating costs qualify as "construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities ... and not for any other purpose, including teacher and administrator salaries and other school operating expenses." This is exactly the kind of abuse that Governor Brown highlighted in his 2017 State Budget Summary where the State Auditor found that bond funds were being used to purchase vehicles and pay for (and thus reduce, from a district perspective) all manner of operating costs. Do you see how the slight alterations in language from the California Constitution and the Education Code found in this document attenuate the connection between what this document says and what the law says? Are buses school facilities? Isn't reducing school operating expenses a prohibited use of funds? This is how the District screws you. Kids who can't read or write or multiply or divide get shuttled around in shiny new (but, alas, aging) buses.
Take a look at section 7. Where among that mountain of reporting does it mention the detailed expenditures that would give the committee insight into how the money is being used or misused.
A common and classic feint of most districts is put on a show for committee members. The show usually consists of all kinds of budget, progress, summary, and update reports. This subterfuge tends to make the committee members feel like they are an integral part of the transformation of a district's facilities into the pride of the community. It's a subterfuge because it buries the committee in busyness instead of focusing on how the actual, individual expenditures are being made. The generality of the reports gives the sense of oversight, but hides the details. Out of sight of the committee, the money can used for anything. That's both the intent and the result.
Pay particular attention to section 10. A true oversight committee's only mandate is to report to the public. On this fake oversight committee, the District has imposed duties that interfere with that duty by requiring that it report matters to agents of the District. This is a perfect scheme to cover up or bury any evidence of violations of Proposition 39. It's contrary to the legislative intent. It's, in a word, illegal.
For further commentary on specific language, place your pointing device over the text in the transcribed document below.
Source: PDF
The transcript below is the output of an optical character recognition (OCR) process and has not been fully proof-read.
Restated 02/27/07; Amended 03/15/11; Amended 04/18/17
LAUSD SCHOOL CONSTRUCTION BOND
CITIZENS' OVERSIGHT COMMITTEE
CHARTER AND
MEMORANDUM OF UNDERSTANDING
Restated 02/27/07; Amended 03/15/11; Amended 04/18/17
LAUSD SCHOOL CONSTRUCTION BOND
CITIZENS' OVERSIGHT COMMITTEE
CHARTER AND MEMORANDUM OF UNDERSTANDING
1. The Purpose of this Document 1
2. The Mission and Purpose of the Committee 1
3. Committee Membership 1
4. Committee Governance 4
5. Committee Reports 5
6. Commitment to the Committee 5
7. Access to Information 7
8. Logistical Support from the District 9
9. District Handling of Committee Expenses 10
10. Protocols with the Office of the Inspector General 11
Restated 02/27/07; Amended 03/15/11; Amended 04/18/17
LAUSD SCHOOL CONSTRUCTION BOND
CITIZENS' OVERSIGHT COMMITTEE
CHARTER AND MEMORANDUM OF UNDERSTANDING
1. The Purpose of this Document
1.1. The Los Angeles Unified School District ("District") and the LAUSD School Construction Bond Citizens' Oversight Committee (the "Committee") hereby adopt this Charter and Memorandum Of Understanding (hereafter "MOU") to articulate the role, duties and purpose of the Committee, its place in the organization of the District, its relationship with the District, and the District's commitment to provide the Committee with the resources, support and cooperation required to accomplish its mission.
1.2. This Charter supersedes the charter and memorandum of understanding previously adopted and dated July 9, 2002 and amended February 27, 2007, and March 15, 2011.
2. The Mission and Purpose of the Committee
2.1. The of the Committee and the District is to build, modernize, repair, and maintain schools that promote the full development of the child, are educationally and environmentally sound, enhance their neighborhoods through design and programming as centers of community, and reflect the wise and efficient use of limited land and public resources.
2.2. The mission of a strong and independent Committee is to by the District in accordance with California law and as required by Proposition BB, . The Committee is and the public so that the school bond funds authorized by the District's voters through Proposition BB, Measure K, Measure R, Measure Y, Measure Q, and any future District bond measures which require an oversight committee, .
2.3. Essential to these goals are , so that the District may maximize available resources and achieve its construction and modernization goals in a timely and cost-efficient manner.
3. Committee Membership
3.1. The shall be as follows. The five members whose qualifications are dictated by Education Code §15282(a) are noted with a pound sign (#).
Restated 02/27/07; Amended 03/15/11; Amended 04/18/17
LAUSD School Construction Bond Citizens' Oversight Committee
Charter And Memorandum Of Understanding
3.1.1. The Board of Education (Board) shall appoint one member nominated by the , a business organization representing the business community located within the school district (#).
3.1.2. The Board shall appoint one member who is active in and nominated by the , a senior citizens' organization (#).
3.1.3. The Board shall appoint one member nominated by the , a taxpayers' organization (#).
3.1.4. The Board shall appoint one member who is the parent or guardian of a child enrolled in the District (#).
3.1.5. The Board shall appoint one member who is the parent or guardian of a child enrolled in the District and active in a parent-teacher organization such as the PTA or schoolsite council (#).
3.1.6. The Board shall appoint one member nominated by the Tenth District PTSA.
3.1 .7. The Board shall appoint one member nominated by the Thirty-First District PTSA.
3.1.8. The Board shall appoint one member nominated by the American Institute of Architects, Los Angeles Chapter.
3.1.9. The Board shall appoint one member nominated by the Associated General Contractors of California, Los Angeles District.
3.1.10. The Board shall appoint one member nominated by the Mayor of the City of Los Angeles.
3.1.11. The Board shall appoint one member nominated by the Controller of the City of Los Angeles.
3.1.12. The Board shall appoint one member nominated by the Los Angeles County Board of Supervisors from the Office of the County Auditor-Controller.
3.1.13. The Board shall appoint one member nominated by the Los Angeles County Federation of Labor AFL-CIO.
3.1.14. The Board shall appoint one member who is nominated by the California Charter School Association (CCSA) who is not an officer, board member, or employee of CCSA or of a District Charter School or Charter School Group.
Restated 02/27/07; Amended 03/15/11; Amended 04/18/17
5 LAUSD School Construction Bond Citizens' Oversight Committee
Charter And Memorandum Of Understanding3.1.15. The Board shall appoint one member who is active in an organization that furthers the interests of early childhood education, to be nominated by a committee including representatives of the California Community Foundation, Los Angeles Universal Preschool, Preschool California, and Public Counsel Law Center.
3.2. The Committee members shall serve in accordance with the terms permitted by law. Following an absence of one year, any individual whose term has expired due to statutory term limits shall be eligible to serve again.
3.3. Members are expected to attend all meetings. If a member without good reason acceptable to the Executive Committee of the Committee fails to attend either (a) two or more consecutive meetings or (b) three or more meetings in a year, then the Committee shall define the member as inactive and shall inform the Board of its action in accordance with procedure as established by the Committee.
3.4. . Pursuant to a request from a nominating entity listed in section 3.1, above, an individual to act as an alternate for a member of the Committee shall be selected and appointed in the same manner as the primary member. There shall be no difference for purpose of Section 3.2, above, between an individual who has been a primary member, an alternate, or both. The alternate may attend meetings in place of the primary member when the primary member cannot attend. On those occasions when the alternate member attends meetings of the Committee, the alternate member shall be accorded all of the same rights and privileges as those accorded to the primary member except that if the primary member is the Chair, Vice-Chair, or Secretary of the Committee, then the alternate is not to act as the Chair, Vice-Chair, or Secretary. For example, if the Chair of the Committee does not attend a meeting and his or her alternate attends instead, the Vice-Chair would preside over the meeting, not the alternate of the Chair. If both the primary member and his or her alternate both attend a meeting of the Committee, only the primary member shall act as a member of the Committee for the time he or she is present. If an alternate is elected as an officer of the Committee, then the alternate shall become the primary member, after notification of the nominating entity.
3.5 If a nominating entity, as listed in §3.1 above, does not nominate a candidate within thirty (30) calendar days after Committee Staff has provided written notification of the need to do so, Committee Staff shall provide a second written notice to the nominating entity indicating that a candidate must be nominated within thirty (30) additional days or the nominating entity may be replaced. If the nominating entity fails to make a nomination within this extended time, or if a nominating entity notifies the District Board Secretariat in writing that it wishes to withdraw from being a nominating entity, then within two weeks of the end of that period, or the date of the notice of withdrawal, as appropriate, then the District Board President and the Committee Chair shall confer to propose a replacement nominating entity. The replacement nominating entity shall represent the equivalent interests of the entity being replaced and shall meet any applicable statutory requirements. The Members of the Board of Education and the
Restated 02/27/07; Amended 03/15/11; Amended 04/18/17
LAUSD School Construction Bond Citizens' Oversight Committee
Charter And Memorandum Of Understanding
Committee shall be notified, in writing, of the proposed replaced nominating entity and shall have thirty (30) calendar days to communicate a written objection to the proposed replacement nominating entity. If no Member communicates a written objection to the proposed replacement nominating entity to either the Board Secretariat or Committee Staff, as appropriate, within thirty (30) days, then the proposed nominating entity shall be confirmed as the new nominating entity and memorandum to that effect shall be placed on the Committee's website where this Charter is available to the public. If a Member does object, then the Board and/or Committee, as appropriate, shall vote to accept or reject the proposed nominating entity at its next meeting with a simple majority vote necessary to confirm and a memorandum regarding confirmation of the replacement nominating entity shall be placed on the Committee's website where this Charter and Memorandum of Understanding is available to the public. If the proposed nominating entity is rejected, then the Board President and Committee Chair shall confer again to propose a replacement nominating entity, taking into consideration the concerns stated by those Members voting to reject the previous proposed nominating entity. The process stated above will be repeated as required until a new nominating entity is confirmed.
3.6 No employee or official of the District shall be appointed to the Committee. No vendor, contractor, or consultant of the District shall be appointed to the Committee. Committee members shall comply with the District's Conflict of Interest Code and abide by Article 4 and Article 4.7 of Division 4 of Title 1 of the Government Code. Former District employees or officials may only be appointed to the Committee after a separation period of at least two years.
3.7 Committee members are required to sign a conflict of interest statement and to disclose any potential conflicts that may arise in the course of their service.
4. Committee Governance
4.1. The Committee shall meet monthly or as the Committee shall deem necessary to conduct its business. All Committee proceedings shall be open to the public except as necessary to consider legally privileged matters consistent with State law. Notice to the public shall be provided in the same manner as the proceedings of the Board.
4.2. The Committee shall maintain bylaws regarding its internal organization.
Such bylaws shall include the following:
4.2.1 A majority of the active members of the Committee shall constitute a quorum.
4.2.2 Recommendations to the District to approve or disapprove a project must be approved by a majority of the active members of the Committee. Other recommendations may be approved by a majority of the active members in attendance, provided that there is a quorum.
Restated 02/27/07; Amended 03/15/11; Amended 04/18/17
7 LAUSD School Construction Bond Citizens' Oversight Committee
Charter And Memorandum Of Understanding4.2.3 A provision for electing a Chair and other officers.
4.2.4 A provision for an Executive Committee.
5. Committee Reports
5.1 The Committee shall issue regular reports on the results of its activities. A report shall be issued at least quarterly and shall include a statement of the Committee's year-to-date budget vs. actual expenses incurred. Minutes of the Committee's proceedings and all documents received and reports issued shall be a matter of public record and be made available at Committee meetings, with the exception of any documents that are protected by legal privilege or otherwise exempt from disclosure under the Public Records Act. Such minutes, documents and reports shall be posted on the Committee's website, which shall be provided and maintained by the District.
6. Commitment to the Committee
6.1 The District acknowledges that effective oversight by the Committee is not only required by law but is essential to the District's ability to accomplish the construction, repair, and modernization of its schools. Therefore, the District commits to cooperate and coordinate with the Committee, and to provide it with access to information and with sufficient logistical support so that the Committee may effectively perform its oversight function. Further, the District will ensure that all District personnel are committed to open communication and the timely sharing of information and teamwork with the Committee.
6.2 The District agrees to include the Committee's recommendations as part of the District's documentation when a project(s) is prepared for the Board's consideration for approval. The District agrees to track all recommendations made by the Committee and to report to the Committee whether the recommendation has been adopted by the District or rejected by the District; or the status of the District's consideration of the recommendation. Tracking of Committee recommendations may be included as part of the Facilities Services Division's (FSD) and other District Divisions' progress reports to the Committee or as a separate written informational report to be provided to Committee Staff prior to each regular Committee meeting. Furthermore, promulgation of the Stamped Order of Business for Board meetings to Committee Staff shall serve as such notice.
6.3 At the Committee Chair's request, the District agrees to provide a time certain at Board meetings for the Committee Chair or a designated Committee Member to report on Committee matters to the District.
6.4 The Committee will work with the District to help secure the necessary plans, professional staff, and management systems are in place to develop and complete projects wisely and efficiently.
Restated 02/27/07; Amended 03/15/11; Amended 04/18/17
LAUSD School Construction Bond Citizens' Oversight Committee
Charter And Memorandum Of Understanding
6.4.1 The District agrees that responsibility within the District for implementation of the construction and modernization program funded by the bonds shall be vested in the Facilities Services Division, which shall be headed by a Chief Facilities Executive who shall report directly to the Superintendent, and that responsibility for the implementation of other bond funded programs not executed by FSD (such as Information Technology Division [ITD] and Transportation) shall reside with skilled personnel that are the respective Division Leaders.
6.4.2 Managers of the Facilities Services Division (FSD) shall have educational and employment experience comparable to that of persons with similar responsibility in the private sector. To ensure that the District employs managers of the Division who are so qualified, and because the required qualifications and responsibilities of the Managers of the Division are unique relative to those of other District classified positions, the Board shall, subject to the merit system provisions of the Education Code, no less than biennially, cause a survey of compensation of managers of major construction programs and managers of major public and private facilities in comparable locations across the United States in both the public and private sector, and the Board shall make a finding that the managers of the District's Facilities Services Division are being compensated accordingly at a level that will be competitive in the marketplace and thereby better ensure that the District will be able to continue to hire and retain highly qualified and experienced individuals to manage the bond-funded school construction and modernization program.
6.4.3. The District shall provide the FSD with dedicated procurement, accounting, legal, information-technology, personnel, and other support services sufficient for implementation of the construction and modernization program funded by bond proceeds.
6.5 Subject to the availability of adequate resources from the District, the Committee will provide the District with independent oversight reports and evaluations by the Oversight Consultant, under the direction of the Committee. The Committee will report its findings and recommendations to the District and the public.
6.6 In order to ensure the independence and effectiveness of the Committee, the District shall commission an unbiased, competent and independent review of the Committee's processes, including its utilization of staff, consultants, and counsel within five (5) years of the adoption of this MOU and within every five years thereafter. The scope of the review shall be based on applicable statutory requirements and the provisions of the MOU.
6.7 The District and the Committee agree that to ensure oversight by the Committee continues to be as effective as possible, the efficacy of this Charter and Memorandum of Understanding will be evaluated on a periodic basis and a formal review will be jointly conducted by the District and the Committee within five (5) years of the adoption of this Charter and Memorandum of Understanding and within every five years
Restated 02/27/07; Amended 03/15/11; Amended 04/18/17
LAUSD School Construction Bond Citizens' Oversight Committee
Charter And Memorandum Of Understanding
thereafter, immediately following the reviews stipulated in §6.6, to determine if any amendments to this Charter and Memorandum of Understanding should be made.
7. Access to Information
7.1 The District agrees to provide the Committee with the necessary information to engage in effective oversight not hindsight. Receipt of timely and complete information is essential in order for the Committee to perform its duties.
7.2 All expenditures by the District of funds obtained through local bond proceeds authorized by Proposition BB and Measures K, R, Y, and Q, and any future bond measures which require an oversight committee, shall be subject to the review and oversight of the Committee, which shall . The District may maintain separate SEPs for different bond-funded programs. The Committee will be entitled to access all information concerning bond-funded projects, programs, and activities not subject to legal privilege. The Committee has the responsibility to inform the public concerning the expenditure of bond proceeds in accordance with the provisions of Education Code §15278.
7.3 The Committee shall review annual, independent performance and financial audits of the bond fund expenditures and report to the public no less than once each year in which bond funds are being spent regarding the use of the funds. Furthermore, per Education Code §15280(a)(2), the Board shall provide the Committee with responses to any and all findings, recommendations, and concerns addressed in the audits within three months of receiving the audits. The Committee shall serve as the single statutory Oversight Committee for Proposition BB and Measures K, R, Y, Q, and any future bond measures which require an oversight committee.
7.4 The Committee is entitled to information concerning bond-funded projects, programs, and activities, with the exception of legally privileged information such as information pertaining to litigation, personnel matters, confidential student information, labor negotiations, procurements in process and investigations of possible criminal activity. If the Committee finds it necessary to request legally privileged information, the District will consider on a case-by-case basis the balance between the Committee's need to know and the District's need and ability to protect its legal privilege.
7.5 The District acknowledges its duty to gather, analyze and publish information necessary for the Committee and the public to understand the impact of the District's construction, repair and modernization plans, policies and practices on students and the community. This information will enable full and fair participation by all communities in the evaluation of the District's plans to build, repair and modernize schools.
Restated 02/27/07; Amended 03/15/11; Amended 04/18/17
LAUSD School Construction Bond Citizens' Oversight Committee
Charter And Memorandum Of Understanding
7.6 The District agrees to present information concerning bond-funded projects, programs, and activities to the Committee, in the form of amendments to a Strategic Execution Plan (SEP), before the District commits itself to a course of action. If a project or any component thereof will result in an impermissible expenditure of bond funds, all parties agree that it should be discovered at an early stage. The Committee has the responsibility to recommend against the expenditure of bond funds when District does not provide adequate information for effective oversight, or when a project or program appears to be impermissible or imprudent.
7.7 The District shall maintain Strategic Execution Plans (SEPs) for the use of the bond proceeds, which shall include the program goals and principles, sources and uses of funds, deliverables, and associated project delivery schedules. The District agrees to provide the Committee with the opportunity to consider all SEP amendments prior to final action by the Board. All SEP amendments shall consist of a budget, scope and schedule and shall be considered in a public meeting at which taxpayers, parents, students, employees, other government agencies, community organizations, and business interests shall be afforded an opportunity to comment. Furthermore, on an annual basis, the District shall publish SEP documents that reflect changes, updates, and amendments and post it on the District's and Committee's websites. The updated SEP documents shall not include any projects and programs not already considered by the BOC and approved by the Board.
7.8 To support the Committee, and the legislature's intent for such a Committee, the District agrees to provide the Committee with regular updates, both written and in the form of presentations at public meetings, consisting of detailed information regarding progress made, significant schedule and budget variances, and changes in scope. Any significant changes in the scope and intent of a project shall necessitate a redefinition of a project and the presentation of an updated SEP amendment to the Committee for their consideration and subsequently to the Board for their approval.
7.9 Progress reports. Written progress reports shall be provided to the Committee by FSD and other District Divisions with significant bond work underway. The progress reports shall identify significant work underway and risks associated with the projects, key deliverables for major programs, program expenditures, progress on key milestones, recent bond related actions taken by the Board, and any other information requested by the Committee Staff. The frequency and contents of the progress reports shall be agreed upon by each District Division and Committee Staff and outlined in a written letter of agreement. The progress reports shall be posted on the District's and Committee's websites.
7.10 Project variance reports. Project variance reports, including project budget increases and schedule completion variances, and other information requested by Committee Staff, shall be provided by FSD and other District Divisions with significant bond work underway to the Committee Staff. These reports shall be delivered in a timely manner and, as mutually agreed upon, are subject to changes in content and format from
Restated 02/27/07; Amended 03/15/11; Amended 04/18/17
LAUSD School Construction Bond Citizens' Oversight Committee
Charter And Memorandum Of Understanding
time to time depending on the focus, progress and stage of bond funded projects. If Committee Staff has questions or requests related to these reports, District staff shall provide detailed project specific information to Committee Staff upon request. The frequency of the project variance reports shall be agreed upon by each District Division and Committee Staff and outlined in a written letter of agreement.
7.11 If there are major events that could have significant impacts on the program, District staff shall report on them to the Committee as early as possible, even if it is not then practical to develop precise quantitative predictions of their impacts.
7.12 The District and Committee recognize that the Board priorities and focus change over time resulting in changes to bond funded projects and programs, and such changes may necessitate adjustments to the BOC's focus as well. As such, no less than annually, Committee Staff shall meet with each Division with responsibility for the management and execution of an aspect of the District's bond program to review, and update as appropriate and necessary, the type, frequency, form and content of the various information reports provided. These agreements shall be outlined in a written letter of agreement between Committee Staff and District staff.
8. Logistical Support from the District
8.1 The District agrees to provide the Committee with technical and administrative assistance and financial resources in furtherance of its mission and purpose. Financial support will not come from bond funds, except to the extent permitted by law. This assistance includes but is not limited to the commitment of sufficient staff time within the FSD, the Office of the Chief Financial Officer (CFO), and other District Divisions to prepare periodic reports that will show the Committee what projects are proposed, what each project is estimated to cost, when each project is scheduled to be completed, each project's current stage of completion, and the final cost of the project. District staff will assist the Committee and its representatives in the fulfillment of the Committee's mission and purpose, including the following:
8.1.1 A rational and timely audit system including annual financial and performance audits (as required by law), audits of bond-funded projects, programs, and activities (as outlined in the Inspector General's approved work plan), process audits and other audits as mutually agreed upon by the District and the Committee. To the extent such audits may not, in the opinion of District bond counsel, be funded by bond proceeds, the District commits to making District funds available for such audits.
8.1.2 Providing staff and office supplies budgets sufficient for the Committee to prepare its agenda, distribute materials, prepare minutes, and publish and distribute quarterly reports. Staff shall include a Director and Administrator to assist the Committee.
Restated 02/27/07; Amended 03/15/11; Amended 04/18/17
12 LAUSD School Construction Bond Citizens' Oversight Committee
Charter And Memorandum Of Understanding8.1.3 Providing an independent Oversight Consultant with a background and skills in construction planning, management, and oversight, responsible to the Committee, who can advise the Committee regarding methods the District is using or could be using to construct, repair and modernize schools. The Oversight Consultant shall be a contractor to and paid by the District but will be answerable and responsible only to the Committee.
8.1.4 Providing Independent Legal Counsel, responsible to the Committee, to advise the Committee on relevant legal issues and attend the Committee's public meetings. The cost for such Legal Counsel will be paid by the District but all legal privilege and client loyalty shall be accorded solely to the Committee.
8.1.5 Broadcasting and recording Committee meetings with translators available at the meetings as needed and as available. The District Board Meeting Room will be available to the Committee for its meetings.
8.1.6 Maintaining a website on which the Committee can post relevant information.
8.1.7 Providing a travel budget sufficient to allow each member of the Committee to attend one bona-fide conference or educational seminar related to California school facilities each year and to allow the Committee Chair or other Committee member to testify before a State authority if approved by a majority of Committee members.
9. District Handling of Committee Expenses
9.1 In order for the Committee to function within the District budget, accounting, human resources, payroll, procurement, and other procedures and systems, the Committee must have an "identity" within the District chart of accounts, organization code, and other structures.
9.2 The Committee and the District's CFO agree that the CFO will cause to be created a Committee "organization" within the organizational hierarchy of the CFO, directly "reporting" to the CFO. This Committee organization will have an annual budget assigned to it that will be adequate for the Committee to carry out its duties, responsibilities, and powers set forth in this Charter. It shall also have the ability to receive District staff services, engage and pay its independent legal counsel, consultant, and other contractors; to order and reimburse District organizations for services such as recording and televising Committee meeting, translation services, and security; to order office supplies and other materials, and to otherwise conduct its necessary business activities in its conduct of the activities included in this MOU.
9.3 The CFO, and his/her direct reports, will in no way have any control over or responsibilities for the actions and activities of the Committee. For personnel
10
Restated 02/27/07; Amended 03/15/11; Amended 04/18/17
LAUSD School Construction Bond Citizens' Oversight Committee
Charter And Memorandum Of Understanding
purposes, District employees assigned as staff to the Committee will be considered as direct reports to the CFO.
9.4 For those items that require District approval, shall be reviewed and considered in a timely manner by the CFO, or a person or persons designated by him/her. Invoices rendered by the Committee's independent Legal Counsel, Oversight Consultant, and other contractors will be initially approved by the Committee Chair or, in the absence of the Committee Chair, the Vice Chair or other designated Committee member.
9.5 The Committee and Committee Staff will receive the same periodic reports, including those relating to budget and actual expenditures and other matters that all District organizational units receive. Documents relating to Committee transactions will be limited in distribution to those with a need to access them, consistent with the provisions of California statutes.
9.6 If the CF0 has questions regarding any Committee financial transaction or activity, he/she will make inquiries of the Committee Chair or, in the absence of the Chair, the Vice Chair, in a timely manner, to resolve the matter.
9.7 With respect to any procurement for the Committee, the Committee must comply with all of the District's policies and procedures for such procurements.
10. Protocols with the Office of the Inspector General
10.1 The Office of the Inspector General's (OIG) charter specifically authorizes investigations, including, where appropriate, investigations that could lead to criminal indictments. The OIG has the statutory authority to subpoena witnesses and compel the production of information and documents. The OIG's Office of Investigations is staffed with trained investigators, most of whom have law enforcement experience. The Committee does not have the resources to conduct investigations. Any and all matters that involve investigations are solely the responsibility of the OIG and the Committee shall not conduct investigations. If matters involving alleged or potential fraud, waste, misuse, or other matters that could lead to investigations become known to Committee members or staff, . If requested by the OIG, the Committee will, to the best of its ability, provide information regarding investigations of other parties and provide other requested assistance where possible.
10.2 If there is a report or allegations of fraud, waste, misuse, or other matters with reSpect to bond funds pertaining to the Committee or the OIG, such report or allegations shall be referred to the Board President. The Board President shall, with the advice of the District's General Counsel, refer the item for investigation and action, as appropriate.
11
Restated 02/27/07; Amended 03/15/11; Amended 04/18/17
LAUSD School Construction Bond Citizens' Oversight Committee
Charter And Memorandum Of Understanding
10.3 The OIG has statutory responsibilities regarding the confidentiality of its investigations and the results thereof. The Committee has no unique rights to any OIG investigation reports or information, other than as the OIG shall conclude are appropriate within its statutory responsibilities.
10.4 the integrity of the systems District Divisions have implemented in furtherance of the District's bond activities that the OIG monitors through audits and other non-investigatory types of analysis. Information regarding such audits, studies, and reports arising therefrom are not statutorily confidential and, at the discretion of the parties, may be shared between them, but .
10.5 The of the scopes of their non-investigatory work through exchange of work plans and regular periodic meetings. Each shall attempt to avoid duplication of work performed, in progress, or planned, by the other without a compelling reason to do so.
10.6 Certain matters may arise which involve both investigations and audits; for example, a potential criminal investigation that centers on a weakness in internal controls. While the Committee has no role in such investigations until completed and properly publicized, if appropriate, and, to the extent practical without compromising its investigations, the OIG shall inform the Committee of its findings regarding internal control weaknesses and related matters. regarding work to evaluate and report on internal control and related matters, including which party should conduct such work, scope, and timing thereof.
10.7 The District will publicize the OIG's availability to investigate allegations of waste, fraud or abuse regarding the expenditure of local bond funds. Certain public audits or reports prepared by the OIG will be made available on the District's website.
10.8 The OIG shall prepare its Annual Work Plan, including all proposed , programs, and activities and present it to the Committee for its recommendations to the Board for its approval. The Annual Work Plan shall serve as the OIG's annual SEP update for the work anticipated for the upcoming fiscal year.
12
Restated 02/27/07; Amended 03/15/11; Amended 04/18/17
LAUSD School Construction Bond Citizens' Oversight Committee
Charter And Memorandum Of Understanding
APPROVED AND DULY ADOPTED AS OF THE 18th DAY OF APRIL, 2017 BY:
LAUSD Board Of Education Los Angeles Unified School District
By: /s By: /s
President 0 Board Superintendent
LAUSD Office of the Inspector General LAUSD School Construction Bond
Citizens' Oversight Committee
By: /s By: /s
Inspector General Chair of the Committee
13
Restated 02/27/07; Amended 03/15/11; Amended 04/18/17
Copyright © 2015-2024, Richard Michael. All Rights Reserved.