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Education Code - EDC

CHAPTER 1.5. Strict Accountability in Local School Construction Bonds Act of 2000 [15264 - 15288]

ARTICLE 2. Citizens' Oversight Committee [15278 - 15282]

15278.

1. (a) If a bond measure authorized pursuant to paragraph (3) of subdivision (b) of Section 1 of Article XIII-A of the California Constitution and subdivision (b) of Section 18 of Article XVI of the California Constitution is approved, the governing board of the school district or community college shall establish and appoint members to an independent citizens' oversight committee, pursuant to Section 15282, within 60 days of the date that the governing board enters the election results on its minutes pursuant to Section 15274.
2. (b) The purpose of the citizens' oversight committee shall be to inform the public concerning the expenditure of bond revenues. The citizens' oversight committee shall actively review and report on the proper expenditure of taxpayers' money for school construction. The citizens' oversight committee shall advise the public as to whether a school district or community college district is in compliance with the requirements of paragraph (3) of subdivision (b) of Section 1 of Article XIII-A of the California Constitution. The citizens' oversight committee shall convene to provide oversight for, but not be limited to, both of the following:
1. (1) Ensuring that bond revenues are expended only for the purposes described in paragraph (3) of subdivision (b) of Section 1 of Article XIII-A of the California Constitution.
2. (2) Ensuring that, as prohibited by subparagraph (A) of paragraph (3) of subdivision (b) of Section 1 of Article XIII-A of the California Constitution, no funds are used for any teacher or administrative salaries or other school operating expenses.
3. (c) In furtherance of its purpose, the citizens' oversight committee may engage in any of the following activities:
1. (1) Receiving and reviewing copies of the annual, independent performance audit required by subparagraph (C) of paragraph (3) of subdivision (b) of Section 1 of Article XIII-A of the California Constitution.
2. (2) Receiving and reviewing copies of the annual, independent financial audit required by subparagraph (C) of paragraph (3) of subdivision (b) of Section 1 of Article XIII-A of the California Constitution.
3. (3) Inspecting school facilities and grounds to ensure that bond revenues are expended in compliance with the requirements of paragraph (3) of subdivision (b) of Section 1 of Article XIII-A of the California Constitution.
4. (4) Receiving and reviewing copies of any deferred maintenance proposals or plans developed by a school district or community college district, including any reports required by Section 17584.1.
5. (5) Reviewing efforts by the school district or community college district to maximize bond revenues by implementing cost-saving measures, including, but not limited to, all of the following:
1. (A) Mechanisms designed to reduce the costs of professional fees.
2. (B) Mechanisms designed to reduce the costs of site preparation.
3. (C) Recommendations regarding the joint use of core facilities.
4. (D) Mechanisms designed to reduce costs by incorporating efficiencies in schoolsite design.
5. (E) Recommendations regarding the use of cost-effective and efficient reusable facility plans.

15280.

1. (a)
   1. (1) The governing board of the district shall, without expending bond funds, provide the citizens' oversight committee with any necessary technical assistance and shall provide administrative assistance in furtherance of its purpose and sufficient resources to publicize the conclusions of the citizens' oversight committee.
   2. (2) The governing board of the district shall provide the citizens' oversight committee with responses to any and all findings, recommendations, and concerns addressed in the annual, independent financial and performance audits required by subparagraphs (C) and (D) of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution within three months of receiving the audits.
2. (b) All citizens' oversight committee proceedings shall be open to the public and notice to the public shall be provided in the same manner as the proceedings of the governing board of the district. The citizens' oversight committee shall issue regular reports on the results of its activities. A report shall be issued at least once a year. Minutes of the proceedings of the citizens' oversight committee and all documents received and reports issued shall be a matter of public record and be made available on an Internet Web site maintained by the governing board of the district.CriticalThe documents that the committee reviews at meetings are almost never provided on the web site, if there is a web site at all.

15282.

1. (a) The citizens' oversight committee shall consist of at least seven members who shall serve for a minimum term of two yearsCriticalThis revision in 2014 now allows for unlimited terms. Thus far only one district has extended the term beyond two years. without compensation and for no more than three consecutive terms. While consisting of a minimum of at least seven members, the citizens' oversight committee shall be comprised, as follows:
1. (1) One member shall be active in a business organizationCriticalMinimally, the application should state the name of the organization and the role the applicant plays. representing the business community located within the school district or community college district.
2. (2) One member shall be active in a senior citizens' organizationCriticalMinimally, the application should state the name of the organization and the role the applicant plays..
3. (3) One member shall be active in a bona fide taxpayers' organizationCriticalBona fide is critical here, because anyone can create an organization with the word taxpayer in it and they do, such as Middle Class Taxpayer Association (a union front group created specifically to control oversight committees) and California Taxpayer Action Network (a lawyer's vehicle for bringing lawsuits). Minimally, the application should state the name of the organization and the role the applicant plays..
4. (4) For a school district, one member shall be the parent or guardian of a child enrolled in the school district. For a community college district, one member shall be a student who is both currently enrolled in the community college district and active in a community college group, such as student government. The community college student member may, at the discretion of the governing board of the community college district, serve up to six months after his or her graduation.
5. (5) For a school district, one member shall be both a parent or guardian of a child enrolled in the school district and active in a parent-teacher organization, such as the Parent Teacher Association or schoolsite council. For a community college district, one member shall be active in the support and organization of a community college or the community colleges of the district, such as a member of an advisory council or foundation.
2. (b) An employee or official of the school district or community college district shall not be appointed to the citizens' oversight committee. A vendor, contractor, or consultant of the school district or community college district shall not be appointed to the citizens' oversight committee. Members of the citizens' oversight committee shall, pursuant to Sections 35233 and 72533, abide by the prohibitions contained in Article 4 (commencing with Section 1090) and Article 4.7 (commencing with Section 1125) of Chapter 1 of Division 4 of Title 1 of the Government Code.