First Revision: August 23, 2006
Second Revision: September 6, 2007
Third Revision: May 9, 2013
Fourth Revision: October 10, 2013
BYLAWS AND OPERATIONAL GUIDELINES
FOR THE MEASURES H/U CITIZENS’ BOND OVERSIGHT COMMITTEE
SECTION I - NAME AND LOCATION
1.01 The name of the committee will be the Measures H and U Citizens’ Oversight Committee (hereafter the “Committee”). The Committee was established by Resolution of the Governing Board of the Grossmont Union High School District, pursuant to the passage of Measure H on March 2, 2004, and Measure U on November 4, 2008, by the electorate of the Grossmont Union High School District.
1.02 The office of the Committee shall be located in the Administrative Offices of Grossmont Union High School District, located at 1100 Murray Drive, El Cajon, California 92020.
SECTION II - PURPOSE
2.01 Pursuant to Education Code Section 15278, the purpose of the Committee is to inform the public concerning the expenditure of Measures H/U bond revenues. The Committee shall actively review and report on the proper expenditure of taxpayers’ money for school construction, and advise the public as to whether the District is in compliance with the requirements of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution, set forth below. The Committee shall convene to provide oversight for, but not limited to, both of the following:
1. Ensuring that Measures H/U 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, set forth below.
2. Ensuring that Measures H/U bond revenues are not used for any teacher or administrative salaries or other school operating expenses.
SECTION III - ACTIVITIES
3.01 The Committee may engage in any of the following activities in furtherance of its purpose:
1. Receive and review copies of the annual, independent performance audit.
2. Receive and review copies of the annual, independent financial audit.
3. Upon written request to facilities personnel at the District, inspect school facilities and grounds to ensure that Measures H/U bond revenues are expended in compliance with paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution, set forth below.
4. Review copies of any deferred maintenance proposals or plans developed by the District and provided to the Committee.
5. Review efforts by the District to maximize Measures H/U bond revenues by implementing cost-saving measures, including, but not limited to, all of the following:
a) Mechanisms designed to reduce the costs of professional fees.
(b) Mechanisms designed to reduce the costs of site acquisition or preparation.
(c) Recommendations regarding the joint use of core facilities.
(d) Mechanisms designed to reduce costs by incorporating efficiencies in schoolsite design.
6. The Committee shall issue a report of its activities at least once a year. Minutes of the Committee’s proceedings and all documents received and reports issued shall be made available for public viewing on the District’s Internet website.
7. The Committee may review any documents and proposals related to the expenditure of Propositions H/U funds and make recommendations in accordance with their Purpose and Activities as stated in Sections II and III, Propositions H/U and Proposition 39. However, the Governing Board, in its sole discretion, may act on any recommendations as it deems appropriate.
SECTION IV - MEMBERSHIP
4.01 The Committee shall consist of at least seven (7) members who shall be appointed by the Board to serve for a term of two years without compensation and for no more than three consecutive terms as authorized under Education Code Section 15285(a).
4.02 The members of the Committee shall include at least:
1. One member who is active in a business organization representing the business community within the District.
2. One member who is active in a senior citizens’ organization.
3. One member who is active in a bona fide taxpayer organization.
4. One member who is the parent or guardian of a child enrolled in the District.
5. One member who is both the parent or guardian of a child enrolled in the District and who is active in a parent-teacher organization, such as the PTA or a schoolsite council.
4.03 A member originally appointed to serve a term in one of these categories who, during the course of that term, no longer qualifies for that category, must so notify the CBOC and Governing Board, and resign from the committee.
4.04 The Governing Board may elect to designate organizations, rather than individuals, to hold seats on the CBOC. In this manner, the designated organization would appoint its representative to the CBOC.
4.05 The Committee shall not include any employee or official of the District or any vendor, consultant or contractor of the District.
4.06 Committee members may not hold any incompatible office or position during their term of membership, as those terms are defined in Article 4.7 of Division 4 of Title I (commencing with section 1125) of the Government Code, and shall abide by the conflict of interest prohibitions contained in Article 4 of Division 4 of Title I (commencing with section 1090) of the Government Code.
SECTION V - COMMITTEE MEETINGS
5.01 Regular Meetings. The Committee shall hold at least four regular meetings each year, on dates to be determined by the Committee at its organizational meeting. The date upon which, and the hour and place at which, each such regular meeting shall be held shall be fixed by the Committee and posted on the District’s website. To the extent permitted by the Ralph M. Brown Act (“Brown Act”), such meetings may be held by teleconference.
5.02 Special and Subcommittee Meetings. Special meetings and established Subcommittee meetings may be called in accordance with the provisions of the Brown Act, as amended or supplemented from time to time. To the extent permitted by the Brown Act, such meetings may be held by teleconference.
5.03 Notice. All meetings of the Committee shall be called, noticed, held and conducted subject to the provisions of the Brown Act.
5.04 Minutes. Each Committee shall cause minutes of all meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the adopted minutes to be forwarded to District staff for posting on the CBOC website.
5.05 Quorum. A majority of the Committee or Subcommittee members shall constitute a quorum for the transaction of business, except that less than a quorum may convene from time to time.
5.06 Voting. Each Committee member shall be entitled to one vote. No action shall be taken by the Committee except upon the affirmative vote of the majority of those Committee members present and voting.
5.07 Attendance. Regular attendance by committee members is crucial to effective operation of the Committee and timely implementation of Propositions H/U projects. If a Committee member representing an organization misses two consecutive meetings, or has a high frequency of absence from meetings, the Board may request the appointing organization to appoint a replacement member. If the member is an individual member, appointed by the Board and not an organization, the Committee may request the Board to appoint a replacement member. If an organization is not represented for three consecutive meetings, or has a high frequency of absence from the meetings, the Board may opt to select a different organization of similar purpose, background, skills, knowledge and abilities to replace the organization not represented.
SECTION VI - COMMITTEE OFFICERS
6.01 Officers. The officers of the Committee shall be a President, a Vice President and a Secretary. The President shall chair the Committee meetings. The Vice President shall act as President only when the President is absent.
6.02 Election and Terms. The President and Vice President must be members of the Committee, and shall be elected by a majority of the Committee at the organizational meeting in September of each year. The President and Vice President shall serve one year terms. The Secretary shall be appointed by Committee and need not be a member of the Committee.
6.03 Duties of the President. The duties of the President are to:
1. Preside at meetings of the Committee.
2. Appear before the Governing Board and other bodies to present and discuss the official actions of the Committee.
6.04 Duties of the Vice President. The duties of the Vice President are to:
1. Preside at Committee meetings in the absence of the President.
2. Appear before the Governing Board and other bodies to present and discuss the official actions of the Committee in the absence of the President.
6.05 Duties of the Secretary. The duties of the Secretary are to:
1. Record and maintain minutes of all meetings of the Committees.
2. Distribute minutes of all meetings of the Committee to all Committee members, to the Board of Education, and to District staff for posting on the District’s Internet website.
3. Distribute Committee meeting agendas to all Committee members, to all other persons requesting copies of the agenda so that provisions of the Brown Act are followed, and to District staff for posting on the CBOC website.
4. Distribute all Committee reports to all Committee members, to the Governing Board, and to District staff for posting on the CBOC website.
5. Keep all documents officially received by the Committee in the course of its business, and to forward copies of all such documents to the appropriate District staff.
6. Prepare all necessary correspondence of the Committee.
7. Arrange and coordinate meeting locations and teleconferences of the Committee.
SECTION VII - AMENDMENTS AND SUPPLEMENTAL
PROCEDURES AND GUIDELINES
7.01 These Bylaws and Operational Guidelines shall become effective upon approval of the Governing Board and ratification by the Committee.
7.02 These Bylaws and Operational Guidelines may be amended, changed, added to, or repealed by the Governing Board as deemed necessary. Additional or supplemental operational guidelines or procedures may be adopted by the Committee by a majority vote of all the members of the Committee, providing such additional or supplemental operational guidelines or procedures are not in conflict with these Bylaws and Operational Guidelines, any Resolution or Ordinance of the Governing Board , or any state law, including but not limited to the provisions of the Brown Act and the Education Code.
APPENDIX I – EXCERPT FROM CALIFORNIA CONSTITUTION
ARTICLE 13A (TAX LIMITATION)
(a) The maximum amount of any ad valorem tax on real property shall not exceed One percent (1%) of the full cash value of such property. The one percent (1%) tax to be collected by the counties and apportioned according to law to the districts within the counties.
(b) The limitation provided for in subdivision (a) shall not apply to ad valorem taxes or special assessments to pay the interest and redemption charges on any of the following:
(1) Indebtedness approved by the voters prior to July 1, 1978.
(2) Bonded indebtedness for the acquisition or improvement of real property approved on or after July 1, 1978, by two-thirds of the votes cast by the voters voting on the proposition.
(3) Bonded indebtedness incurred by a school district, community college district, or county office of education for the 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, approved by 55 percent of the voters of the district or county, as appropriate, voting on the proposition on or after the effective date of the measure adding this paragraph. This paragraph shall apply only if the proposition approved by the voters and resulting in the bonded indebtedness includes all of the following accountability requirements:
(A) A requirement that the proceeds from the sale of the bonds be used only for the purposes specified in Article XIIIA, Section 1(b) (3), and not for any other purpose, including teacher and administrator salaries and other school operating expenses.
(B) A list of the specific school facilities projects to be funded and certification that the school district board, community college board, or county office of education has evaluated safety, class size reduction, and information technology needs in developing that list.
(C) A requirement that the school district board, community college board, or county office of education conduct an annual, independent performance audit to ensure that the funds have been expended only on the specific projects listed.
(D) A requirement that the school district board, community college board, or county office of education conduct an annual, independent financial audit of the proceeds from the sale of the bonds until all of those proceeds have been expended for the school facilities projects.
(c) Notwithstanding any other provisions of law or of this Constitution, school districts, community college districts, and county offices of education may levy a 55 percent vote ad valorem tax pursuant to subdivision (b).
Citizens’ Bond Oversight Committee
§ Any exhibits or handouts to be included in the CBOC agenda packet should be given to the Support Secretary by the close of business the Thursday before the CBOC meeting.
§ The Attendance Log will be presented to the CBOC and Subcommittees on a quarterly basis – March, June, September & December. The quarterly attendance report shall be published with the CBOC agenda. In addition, the report will, on those months it is included, be brought before the Steering & Planning Subcommittee for any possible recommendations as long as inclusion is mandatory.
§ There is no distinction between excused and non-excused absences. As a courtesy, a member who will not be attending a meeting or will require a teleconference set-up should contact the Support Secretary in advance.
§ The President and Vice President must be members of the Committee, and shall be elected by a majority of the Committee at the organizational meeting in October of each year. The President and Vice President shall serve the lesser of their one year term, or the balance of their appointments.
§ No proxy voting should be allowed. If a member is absent from a meeting and would like to participate in a vote, they will be allowed to do this telephonically as long as they participate in the discussion. They must make pre-arrangements for this.
Formation of Ad Hoc Committees
§ An Ad Hoc Committee must have a defined charge; a direct statement of its purpose.
§ There must be a specific timeline, which is ideally less than six months, and is defined at its inception.
§ The formation of the committee must be approved by vote by the full CBOC.
Communications from the Public
Procedures for Receiving Comments From the Public on Topics that
§ A speaker may not exceed a total of three minutes on all items. At the discretion of the CBOC, a speaker may “donate” his or her three minutes to another speaker for purposes of presenting a cohesive, single presentation.
§ Board policy limits the total time for public input on each item to 20 minutes.
§ If a member of the public wishes to speak to a Board item at the time the item comes up for action, please indicate that on the card and you will be given an opportunity to speak prior to the action being taken if the total public input on that item has not exceeded 20 minutes.
§ In order to be fair to everyone in the audience who wishes to speak, speakers will not be permitted to go beyond the allotted time.
§ The Chair has the ability to extend the total time of public input as deemed necessary.