Commentary on Measure M

Are you sure you want vote to support this extravagant measure? It has no accountability.

This campaign was designed by a member of the school bonds cartel. We figured out just the right words to get you to you to open up your checkbook.

We'd also like to introduce you to our partners -- bond lawyers, brokers, wealthy investors, architects, management firms, construction companies, and trade unions. We all stand to make a ton of money on these bonds. Our profits come right off the top, before a penny is actually spent on improving the facilities.

We're not just doing it for the money. We like to show off our work in Architectural Digest and other places where the rich and famous congregate.

Remember, we've taken a lot of risk. We gave money to get your governing board members elected, so they'd be sure to remember us when we came around for a hand-out later.

It's just business-as-usual, here in sunny Corruptifornia.

Please don't read the fine print. That's just put in by the lawyers to make what we're going to do to for you legal.

When you see highlighting in the documents below, hover overCriticalExample commentary. it to see the commentary.

Measure M Question

"To improve the quality of education at local elementary schools with funding that cannot be taken by the State; modernize/expand classrooms, restrooms and school facilities; increase student access to computers and modern technology; make health and safety improvements; and construct a middle school to reduce overcrowding; shall the Brawly Elementary School District issue $14,000,000 of bonds at legal interest rates, have an independent citizens' oversight committeeCriticalIndependent? Really? The staff selects the committee. The Board rubber-stamps it. The Board can remove anyone who questions anything that the money is used for. You can be certain that there won't be anyone on the committee who isn't a cheerleader for spending your money on architectural marvels, like the Taj Mahal. and have NO money used for administrative salaries?"

Impartial Analysis for Measure M

13-M-04

COUNTY COUNSEL'S IMPARTIAL ANALYSIS OF BOND MEASURE "M"

Article XIIIA, Section 1, subdivision (b)(3) of the California Constitution authorizes school districts to issue bonded indebtedness through the imposition of ad valorem property taxes upon approval of fifty-five percent (55%) of voters of the district who vote on the measure.

The Brawley Elementary School District ("the District") proposes to issue bonded indebtedness for construction, rehabilitation, or replacement of school facilities, including furnishing and equipping school facilities, or acquisition or lease of real property for school facilities.

If fifty-five percent (55%) of the voters of the District who vote on the measure vote in favor of the measure, the District will be authorized to incur debt by issuing general obligation bonds to provide financing for projects listed in measure M. Proceeds may only be used for the stated purpose and not for any other purpose, including teacher and administrator salaries, or other school operating expenses. If the measure is not approved by at least fiftyfive percent (55%) of the voters of the District who vote on the measure, the measure will fail and the bonds will not be issued.

The maximum principal amount of the proposed bonds is not to exceed fourteen million dollars ($14,000,000.00). The interest rate will be established at the time of sale and will depend on market rates at that time. If issued under the Government Code, the maximum duration of the bonds cannot exceed forty (40) years. If issued under the Education Code, the maximum duration of the bonds cannot exceed twenty-five (25) years. The exact effect on tax rates cannot be determined until after the bonds are sold. The bonds will bear interest at a rate not exceeding the legal limit.

An independent Citizens' Oversight Committee will actively review expenditure of bond revenues. An independent financial audit of the proceeds and an independent performance audit of the specific projects will be performed annually. An annual report will be prepared, indicating the amount of funds collected and expended, and the status of any projects listed in the measure.

A "yes" vote is a vote to authorize the issuance and sale of the general obligation bonds in an amount not-to-exceed the principal amount fourteen million dollars ($14,000,000.00). A "no" vote is a vote not to authorize the District to issue and sell said bonds.

The above statement is an impartial analysis of Measure M. If you desire a complete copy of the measure, please call the Election Official's Office at (442) 265-1060 and a copy will be mailed at no cost to you.

KATHERINE TURNER
COUNTY COUNSEL

Eric Havens
Deputy County Counsel

Argument in Favor of Measure M

13-M-05

Argument in Favor of Measure "M"
Brawley Elementary School District

Everyone knows the importance and value of having quality schools. From higher achieving students, to greater neighborhood safety and improved property values, quality schools make a difference. While our teachers and staff do their best in educating our children, many classrooms and school facilities in the Brawley Elementary School District are outdated and inadequate to provide children with the facilities they need to succeed.

Our students need your YES vote on Measure M! Although staff has done a great job of maintaining school facilities, many of our schools are outdated and do not meet 21st century standards. In addition, student overcrowding is an issue that needs to be addressed. A school improvement measure would allow the District to improve the quality of the elementary school facilities and education provided to local students. Therefore, we must invest in our local schools so they meet today's safety, technological, and educational needs.

If passed, Measure M will make critical facility improvements at Brawley schools by:

• • Constructing STEAM (science, technology, engineering, arts, mathematics) labs at primary sites
• • Making health, safety and handicapped accessibility improvements
• • Constructing new classrooms, restrooms and school facilities
• • Increasing student access to computers and modern technology
• • Constructing a middle school to reduce student overcrowding

Measure M makes financial sense and protects taxpayers.

• • All funds must be spent locally and cannot be taken by the state or used for teacher or administrator salaries.
• • If approved, Measure M may qualify for additional State-matching funds.
• • By law, spending must be reviewed and annually audited by an independent citizens' oversight committeeCriticalIndependent? Really? The staff selects the committee. The Board rubber-stamps it. The Board can remove anyone who questions anything that the money is used for. You can be certain that there won't be anyone on the committee who isn't a cheerleader for spending your money on architectural marvels, like the Taj Mahal..

Measure M upgrades and repairs old, inadequate classrooms, improves the education of local children and improves the quality of our community. That's something we can all support. Please join us and

VOTE YES ON MEASURE M!

Argument Against Measure M

NO ARGUMENT AGAINST THIS MEASURE WAS SUBMITTED

Full Text of Measure M

13-51-01

FULL TEXT OF MEASURE "M"
BALLOT MEASURE
EXHIBIT A

This proposition may be known and referred to as the Brawley Elementary School District General Obligation Bond of 2016, or Measure M.

BOND AUTHORIZATION

By approval of this proposition by at least 55% of the registered voters voting on the proposition, the Brawley Elementary School District (the "District") shall be authorized to issue and sell bonds of up to $14 million in aggregate principal amount to provide financing for the specific school facilities projects listed in the Bond Project List below, and in order to qualify to receive State matching grant funds, subject to all of the accountability safeguards specified below.

ACCOUNTABILITY SAFEGUARDS

The provisions in this section are specifically included in this proposition in order that the District's voters and taxpayers may be assured that their money will be spent wisely to address specific facilities needs of the District, all in compliance with the requirements of Article XIII A, Section 1(b)(3) of the State Constitution, and the Strict Accountability in Local School Construction Bonds Act of 2000 (codified at Education Code Sections 15264 and following).

Evaluation of Needs. The Board of Trustees hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the Bond Project List.

Limitation on Use of Bond Proceeds. The State of California does not have the power to take locally approved school district bond funds for any State purposes. The Constitution allows proceeds from the sale of bonds authorized by this proposition to be used only for the construction, reconstruction, rehabilitation, or replacement of school facilities listed in this proposition, 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. Proceeds of the bonds may be used to pay or reimburse the DistrictCriticalWhat was that they said about no administrative salaries? for the cost of District staff only when performing work on or necessary and incidentalCriticalWho do you think gets to decide? to the bond projects.

Independent Citizens' Oversight Committee. The Board of Trustees shall establish an independent Citizens' Oversight Committee (pursuant to Education Code Section 15278 and following), to ensure bond proceeds are spent only for the school facilities projects listed in the Bond Project List. The committee shall be established within 60 days of the date on which the Board of Trustees enters the election results on its minutes.

Annual Performance Audits. The Board of Trustees shall conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects listed in the Bond Project List.

Annual Financial Audits. The Board of Trustees shall conduct an annual, independent financial audit of the bond proceeds (which shall be separate from the District's regular annual financial audit) until all of those proceeds have been spent for the school facilities projects listed in the Bond Project List.

Special Bond Proceeds Account; Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved, the Board of Trustees shall take actions necessary pursuant to Government Code Section 53410 and following to establish an account in which proceeds of the sale of bonds will be deposited. As long as any proceeds of the bonds remain unexpended, the Superintendent or the Chief Business Official of the District (or such other employee as may perform substantially similar duties) shall cause a report to be filed with the Board no later than December 31 of each year, commencing December 31 of the year in which bonds are first issued, stating (1) the amount of bond proceeds received and expended in that year, and (2) the status of any project funded or to be funded from bond proceeds. The report may relate 13-M-01 to the calendar year, fiscal year, or other appropriate annual period as such officer shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the Board.

FURTHER SPECIFICATIONS

Specific Purposes. All of the purposes enumerated in this proposition shall be united and voted upon as one single proposition, pursuant to Education Code Section 15100, and shall constitute the specific purposes of the bonds, and proceeds of the bonds shall be spent only for such purposes, pursuant to Government Code Section 53410.

Joint Use. The District may enter into agreements with the County of Imperial, City of Brawley, or other public agencies or nonprofit organizations for joint use of school facilities financed with the proceeds of the bonds in accordance with Education Code Section 17077.42 (or any successor provision). The District may seek State grant funds for eligible joint-use projects as permitted by law, and this proposition hereby specifies and acknowledges that bond funds will or may be used to fund all or a portion of the local share for any eligible joint-use projects identified in the Bond Project List or as otherwise permitted by California State regulations, as the Board of Trustees shall determine.

Rate of Interest. The bonds shall bear interest at a rate per annum not exceeding the statutory maximum, payable at the time or times permitted by law.

Term of Bonds. The number of years the whole or any part of the bonds are to run shall not exceed the legal limit, though this shall not preclude bonds from being sold which mature prior to the legal limit.

BOND PROJECT LIST

The Bond Project List below describes the specific projectsCriticalThis really takes the cake. How is any of this "a list of the specific school facilities projects to be funded" as required by the California Constitution? It's not. It authorizes the district to spend the money on whatever it wants, whenever it wants, wherever it wants. the Brawley Elementary School District proposes to finance with proceeds of the bonds. Listed projects will be completed as neededCriticalYou see? None of these repairs are current needs. They may be needed in the future, though. After years and years of neglect, any facility will fall into disrepair. at a particular school site according to Board-established priorities, and the order in which such projects appear on the Bond Project List is not an indication of priority for funding or completion. The final cost of each project will be determined as plans are finalized, construction bids are awarded, and projects are completed. Certain construction funds expected from non-bond sources, including State grant funds for eligible projects, have not yet been secured. Until all project costs and funding sources are known, the Board of Trustees cannot determine the amount of bond proceeds available to be spent on each project, nor guarantee that the bonds will provide sufficient funds to allow completion of all listed projects. Completion of some projects may be subject to further government approvals or appropriation by State officials and boards, to local environmental review, and to input from the public. For these reasons, inclusion of a project on the Bond Project List is not a guarantee that the project will be funded or completed.

Unless otherwise noted, the projects in the Bond Project List are authorized to be completed at each or any of the District's sites, as shall be approved by the Board of Trustees:

• • Construct STEAM (science, technology, engineering, arts, and mathematics) labs at four primary sites.
• • Construct new classrooms, restrooms and school facilities.
• • Make health, safety and handicapped accessibility improvements.
• • Construct a middle school to reduce student overcrowding.
• • Increase student access to computers and modern technology.
• • Expand cafeterias at elementary schools to accommodate growth.

The listed projects will be completed as neededCriticalYou see? None of these repairs are current needs. They may be needed in the future, though. After years and years of neglect, any facility will fall into disrepair.. Each projectCriticalHere it comes. This is the kitchen sink paragraph. Ask an English teacher to diagram every sentence. See if any two people can agree on what all this gibberish means. It's here so that just in case the district left something out, this covers it, no matter what the district wants to do. is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program/project management, staff training expensesCriticalTraining is an operating expense, specifically prohibited by the California Constitution. What will it train staff to do? How to open a door? How to turn on the lights? This is just another way to move operating costs from the general fund to the bonds and use the money saved to pay salaries, benefits, and pensions. and a customary contingency for unforeseen design and construction costs. In addition to the listed projects stated above, the list also includes the acquisition of a variety of instructional, maintenance and operational equipment, including the reduction or retirement of outstanding lease obligationsCriticalLeases are OPERATING expenses explicitly prohibited by the Constitution Article XIII-A Section 1(b)(3)(A) (Proposition 39). "not for any other purpose, including teacher and administrator salaries and other school operating expenses." and 13-M-02 interim funding incurred to advance fund projects from the list; installation of signage and fencing; payment of the costs of preparation of all facility planning, facility studies, assessment reviews, facility master plan preparation and updatesCriticalFacilities master plans are required by law, whether or not there is a bond. These are OPERATING expenses explicitly prohibited by the Constitution Article XIII-A Section 1(b)(3)(A) (Proposition 39). "not for any other purpose, including teacher and administrator salaries and other school operating expenses.", environmental studies (including environmental investigation, remediation and monitoring), design and construction documentation, and temporary housing of dislocated District activities caused by construction projects. In addition to the projects listed above, the repair and renovation of each of the existing school facilities may include, but not be limited to, some or all of the following: renovation of student and staff restrooms; repair and replacement of heating and ventilation systems; upgrade of facilities for energy efficiencies; repair and replacement of worn-out and leaky roofsCriticalIs it a coincidence that every district in the state has "leaky roofs"? You might even ask if leaky roofs actually exist? If they do, why haven't they been repaired yet. Are they reported on the School Accountability Report Card? If not, then you're being lied to. According to the school bond cartel's professional marketing study, claiming "leaky roofs" translates directly into yes votes from voters who are made to feel guilty about it., windows, walls, doors and drinking fountains; installation wiring and electrical systems to safely accommodate computers, technology and other electrical devices and needs; upgrades or construction of support facilities, including administrative, physical education/athletic facilities and performing arts buildingsCriticalLook at what the district is hiding in this huge list. Is the district telling you it will use the money for this? Why is it included then? You're being conned! and maintenance yards; repair and replacement of fire alarms, emergency communications and security systems; resurfacing or replacing of hard courts, poolsCriticalLook at what the district is hiding in this huge list. Is the district telling you it will use the money for this? Why is it included then? You're being conned!, turf and irrigation systems and campus landscaping and play fields; expand parking; install interior and exterior painting and floor covering; demolition; and construction of various forms of storage and support spaces, upgrade classrooms, bleachers, kitchens, repair, upgrade and install interior and exterior lighting systems; replace outdated security fences and security systems. The upgrading of technology infrastructure includes, but is not limited to, computers, LCD projectors, portable interface devices, servers, switches, routers, modules, sound projection systems, laser printers, digital white boards, document projectors, upgrade voice.:.over-I P, call manager and network security/firewall, wireless technology systems and other miscellaneous equipment and software. The allocation of bond proceeds will be affected by the District's receipt of State matching funds and the final costs of each project. In the absence of State matching funds, which the District will aggressively pursue to reduce the District's share of the costs of the projects, the District will not be able to complete some of the projects listed above. The budget for each project is an estimate and may be affected by factors beyond the District's control. Some projects throughout the District, such as gyms, fields and performing arts facilities, may be undertaken as joint use projects in cooperation with other local public or non profit agencies. The final cost of each project will be determined as plans and construction documents are finalized, construction bids are received, construction contracts are awarded and projects are completed. Based on the final costs of each project, certain of the projects described above may be delayed or may not be completed. Demolition of existing facilities and reconstruction of facilities scheduled for repair and upgrade may occur, if the Board determines that such an approach would be more cost-effective in creating more enhanced and operationally efficient campuses. Necessary site preparation/restoration may occur in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms, including ingress and egress, removing, replacing, or installing irrigation, utility lines, trees and landscaping, relocating fire access roads, and acquiring any necessary easements, licenses, or rights of way to the property. Proceeds of the bonds may be used to pay or reimburse the District for the cost of District staffCriticalWhat was that they said about no administrative salaries? when performing work on or necessary and incidentalCriticalWho do you think gets to decide? to bond projects and the costs of issuing the bonds. Bond proceeds shall only be expended for the specific purposes identified herein. The District shall create an account into which proceeds of the bonds shall be deposited and comply with the reporting requirements of Government Code § 53410.

The Bond Project List shall be considered a part of this ballot proposition, and shall be reproduced in any official document required to contain the full statement of the bond proposition.

Measure M Tax Rate Statement

13-M-03

Tax Rate Statement

An election will be held in the Brawley Elementary School District (the "District") on November 8, 2016 to authorize the sale of up to $14,000,000 in general obligation bonds. The following information is submitted in compliance with Sections 9400-9404 of the California Elections Code.

1. The best estimate of the tax rate that would be required to fund this bond issue during the first fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is $.0300 per $100 ($30.00 per $100,000) of assessed valuation in fiscal year 2017-18.

2. The best estimate of the tax rate that would be required to fund this bond issue during the first fiscal year after the sale of the last series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is $.0300 per $100 ($30.00 per $100,000) of assessed valuation in fiscal year 2020-21.

3. The best estimate of the highest tax rate that would be required to fund this bond issue, based on estimated assessed valuations available at the time of filing this statement, is $.0300 per $100 ($30.00 per $100,000) of assessed valuation. This vote is projected to apply in each fiscal year that the bonds are outstanding.

4. The best estimate from official sources of the total debt service, including the principal and interest, that would be required to be repaid if all the bonds are issued and sold will be approximately $29,600,000.

These estimates are based on projections derived from information obtained from official sources. The actual tax rates and the years in which they will apply may vary depending on the timing of bond sales, the amount of bonds sold at each sale and actual increases in assessed valuations. The timing of the bond sales and the amount of bonds sold at any given time will be determined by the needs of the District. Actual assessed valuations will depend upon the amount and value of taxable property within the District as determined in the assessment and the equalization process.

Dated: 6/7/2016

Ronald A. Garcia
Superintendent
Brawley Elementary School District