Assembly Bill 1908
Citizens’ Oversight Committee Assembly Bill 1908,
Chapter 44 – Implementing legislation for Proposition 39, approved
by Governor on June 27, 2000.
This bill added Section 15278 to the California Education
Code.
15278. (a) If a bond measure authorized pursuant to paragraph (3)
of subdivision (b) of Section 1 of Article 13A of the California Constitution
and subdivision (b) of Section 18 of Article 16 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.
(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 13A of
the California Constitution. The citizens' oversight committee shall
convene to provide oversight for, but not be limited to, both of the
following:
(1) Ensuring that bond revenues are expended only for the purposes
described in paragraph (3) of subdivision (b) of Section 1 of Article
13A of the California Constitution.
(2) Ensuring that, as prohibited by subparagraph (A) of paragraph
(3) of subdivision (b) of Section 1 of Article 13A of the California
Constitution, no funds are used for any teacher or administrative
salaries or other school operating expenses.
(c) In furtherance of its purpose, the citizens' oversight committee
may engage in any of the following activities:
(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 13A of the California Constitution.
(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 13A of the California Constitution.
(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 13A of the California Constitution.
(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) 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:
(A) Mechanisms designed to reduce the costs of professional fees.
(B) Mechanisms designed to reduce the costs of site preparation.
(C) Recommendations regarding the joint use of core facilities.
(D) Mechanisms designed to reduce costs by incorporating efficiencies
in schoolsite design.
(E) Recommendations regarding the use of cost-effective and efficient
reusable facility plans.
15280. (a) 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.
(b) All 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. 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
website maintained by the governing board.
15282. (a) The citizens' oversight committee shall consist of at least
seven members to serve for a term of two years without compensation
and for no more than two consecutive terms. While consisting of a
minimum of at least seven members, the citizens' oversight committee
shall be comprised, as follows:
(1) One member shall be active in a business organization representing
the business community located within the district.
(2) One member shall be active in a senior citizens' organization.
(3) One member shall be active in a bona fide taxpayers' organization.
(4) For a school district, one member shall be the parent or guardian
of a child enrolled in the district. For a community college district,
one member shall be a student who is both currently enrolled in the
district and active in a community college group, such as student
government. The community college student member may, at the discretion
of the board, serve up to six months after his or her graduation.
(5) For a school district, one member shall be both a parent or guardian
of a child enrolled in the 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.
(b) No employee or official of the district shall be appointed to
the citizens' oversight committee. No vendor, contractor, or consultant
of the district shall 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 Division 4 of Title 1 of the Government Code.
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CALIFORNIA CONSTITUTION ARTICLE 13A [TAX LIMITATION]
SECTION 1. (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 13A,
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).
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CITIZENS'
OVERSIGHT COMMITTEE WEBSITE PROCEDURES
