{ "_metadata": { "source": "https://simbli.eboardsolutions.com/Policy/ViewPolicy.aspx?S=36030397&revid=plusUcEqa7hHjAsvVsBplusQuC8Q==", "scrapedAt": "2026-05-24T20:11:49.868Z", "method": "Playwright + Simbli ViewPolicy API scraper" }, "code": "1221.4", "title": "^Citizens' Bond Oversight Committees", "type": "AR", "section": "1000", "lastRevised": "06/07/2016", "lastReviewed": "06/07/2016", "hasAttachment": false, "revid": "plusUcEqa7hHjAsvVsBplusQuC8Q==", "contentHtml": "\n\n\t\n\t\n\t\n\t\n\t\n\t\n\n\nProposition 39 was approved by California voters in the November 7, 2000, general election and provides that the governing board of a school district may pursue the authorization and issuance of general obligation bonds by 55 percent vote of the electorate. As a result of the passage of Proposition 39, language was added to the Education Code requiring school districts passing a bond designated as a Proposition 39 bond to establish a citizens’ oversight committee (“Committee”) to actively review and report to the public on uses of bond proceeds to ensure that they are spent only on permissible purposes. In order to comply with these requirements, the District’s Board of Trustees shall establish a Committee within sixty (60) days of the date that the Board enters election results of a successful Proposition 39 general election bond measure in its minutes.
\n
\nA. Committee’s Purpose
\n
\nThe purpose of the Committee is to inform the public concerning the expenditure and uses of bond revenues. The Committee’s legal charge is to actively review and report on the expenditure of taxpayer’s money for school construction. The Committee shall convene to provide oversight of the following:\n\n

That bond revenues from Proposition 39 bonds adopted by a 55 percent vote of the electorate are expended only for the purpose described in Article 13A, section 1, subdivision (b)(3) of the California Constitution including 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; and
\n\t
That, for Proposition 39 bonds adopted by a 55 percent vote of the electorate, as prohibited by Article 13A, section 1, subdivision (b)(3)(A) of the California Constitution, no funds are used for any teacher and administrative salaries or other school operating expenses normally paid from the general fund; although salaries for personnel assigned to the bond program are allowable as described in applicable case law.

\nB. Committee’s Duties
\n
\nThe Committee may engage in the following activities in furtherance of its purpose:\n\n

Receiving and reviewing copies of the annual performance audits required by Article 13A, section 1, subdivision (b)(3)(C) of the California Constitution.
\n\t
Receiving and reviewing the annual financial audits required by Article 13A, section 1, subdivision (b)(3)(C) of the California Constitution.
\n\t
Inspecting school facilities and grounds to ensure that bond revenues are expended in compliance with the requirements of Article 13A, section 1, subdivision (b)(3) of the California Constitution.
\n\t
Receiving and reviewing copies of any deferred maintenance proposals or plans developed by the District, including any reports required by Education Code section 17584.1.
\n\t
Reviewing efforts by the District to maximize bond revenues by implementing cost-saving measures including, but not limited, to the following:
\n\t \n\t
1. mechanisms designed to reduce the costs of professional fees;
  \n\t\t
2. mechanisms designed to reduce the cost of site preparation;
  \n\t\t
3. recommendations regarding the joint use of core facilities;
  \n\t\t
4. mechanisms designed to reduce costs by incorporating efficiencies in school site design; and
  \n\t\t
5. recommendations regarding the use of cost-effective and efficient reusable facility plans.
\n\t

\nC. Committee Operations
\n
\nThe Committee’s legal charge is to review bond expenditures and to inform the public about the uses of bond proceeds. The Committee’s purpose is an audit function rather than ad advisory function. The Committee shall not have the authority to:\n\n

Participate in the bond sale and issuance process or make decisions concerning the timing, terms or structure of a bond issuance, except that the Committee may review the District’s bond issuance documents upon the conclusion of a bond sale if desired.
\n\t
Determine how bond funds shall be spent.
\n\t
Select contractors or consultants for bond projects or participate in the negotiation or bid process for such contractors and consultants.
\n\t
Enter or inspect a job site or construction project without prior permission of the District Superintendent or designee. Frequency and timing of all such visits are within the sole discretion of the Superintendent or designee. Visits to job sites require that the Committee member(s) be accompanied by a representative of the District and require that all safety measures in effect at the job site be followed.
\n\t
Contact District contractors or consultants, including without limitation, accountants, auditors, architects, financial advisors and legal counsel, without the prior permission of the District Superintendent or designee.
\n\t
Require the District to prepare reports or conduct audits more frequently than those required by law. The Committee shall not be entitled to legal representation by District legal counsel or at District expense, unless permitted by the Board.

\nThe Committee shall meet in accordance with a regular schedule, the dates of which shall be determined by the Committee. In its first year, the Committee shall meet no more than quarterly; thereafter, the Committee shall meet at least once per year. Committee members shall be available to attend Board meetings when performance and financial audits are presented. The Superintendent or his/her designee shall act as staff to the Committee and attend Committee meetings. Members of the Board may attend as necessary or desirable. The Chair shall call the roll of the Committee members at the beginning of each meeting. Each Committee member shall sign an attendance sheet that shall be maintained by the person designated by the Chair.
\n
\nThe Committee’s meetings are subject to the Ralph M. Brown Act, Government Code section 54950 et seq. Meetings shall be open to the public and noticed in the same manner as proceedings of the Board. An action item on the agenda may be approved by a simple majority of Committee members in attendance, a quorum being present.
\n
\nThe Committee shall annually select a Chair and a Vice-Chair and other officers as it determines, each for a one (1)-year term that may be renewed as determined by the Committee. District staff shall keep minutes of each Committee meeting. The minutes shall be distributed to each Committee member, and the Board, if requested, at the earliest reasonable date prior to the next subsequent meeting. Minutes of Committee proceedings and all documents received and reports issued shall be a matter of public record. The Committee shall submit all documents and minutes to the District’s webmaster for publication on the District’s internet website for public and community information services.
\n
\nThe Committee shall prepare regular reports on its activities. A report shall be issued at least once each year summarizing its review of the District’s bond program for the past year. Upon completion of all bond projects, the Committee shall prepare a final written report summarizing its activities and conclusions.
\n
\nThe Board shall, without expending bond funds:\n\n

Provide the Committee with any necessary technical assistance;
\n\t
Provide administrative assistance in furtherance of the Committee’s purpose; and
\n\t
Provide the Committee with sufficient resources to publicize the Committee’sconclusions.

\nThe District may appoint District staff and consultants to serve as a resource to the Committee as needed to assist the Committee in carrying out its duties.
\n
\nBy Committee vote at any of its regular meetings, the Committee may form sub-committees for specific tasks. The Committee shall elect a chair of each sub-committee and provide written assignment goals for each subcommittee. Sub-committees may be subject to the Ralph M. Brown Act, pursuant to Government Code section 54952, subdivision (b).
\n
\nD. Committee Selection and Composition
\n
\nThe Committee shall be comprised of individuals who either live or work within the boundaries of the school district. The Superintendent or designee shall solicit applications for membership on the Committee, and in the event the number of applicants exceeds the number of spaces available, shall conduct interviews of interested and qualified citizens and make recommendations to the Board for appointments. The Board shall have the authority at its sole discretion to select and appoint the Committee, including the filling of vacancies that may occur during a member’s term. While the Committee must consist of at least seven (7) members, the Board shall determine the final size of the Committee.
\n
\nAs required by law, Committee membership shall include the following categories:\n\n

One (1) member shall be active in a business organization representing the business community located within the school district;
\n\t
One (1) member shall be active in a senior citizens’ organization;
\n\t
One (1) member shall be active in a bona fide taxpayers’ organization;
\n\t
One (1) member shall be the parent or guardian of at least one child currently enrolled in a school of the District; and
\n\t
One (1) member shall be both a parent or guardian of at least one child currently enrolled in a school of the District and be an active member in a District parent/teacher organization, such as the PTA or schoolsite council.

\nNo employee or official of the District shall be appointed to the Committee. Additionally, no vendor, contractor, or consultant of the District shall be appointed to the Committee. Members of the Committee shall, pursuant to Education Code section 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. Committee members who wish to be appointed for a second or third two (2) or three (3) -year term shall reapply to the Board for consideration. Committee members shall receive no remuneration for their participation on the Committee.
\n
\nE. Replacing a Committee Member
\n
\nMembers should attend regularly scheduled meetings. Members are expected to share responsibilities for carrying out the work of the Committee and abide by Board policies and administrative regulations. The Committee will advise a Committee member in writing that he/she is in violation of Committee participation requirements if the Committee member fails to attend two consecutive regularly scheduled meetings without an acceptable reason announced in advance. A new Committee member will be named by the Board if one or more of the following events occurs:\n\n

The Committee member submits a written resignation; or
\n\t
The Committee member misses two (2) consecutive Committee meetings without an acceptable reason announced in advance.

\nAn individual who replaces such a member shall serve until the completion of the original member’s term. Thereafter, the member must apply for an additional term if she/he wishes to remain on the Committee. A member who is replaced may appeal to the Board for the Board to reappoint that person to the Committee.
\n
\nA Committee member who no longer serves as a representative of the designated group she/he was appointed to represent (e.g., ceases to be active within a taxpayers’ organization, or ceases to
\nhave a child enrolled in the District) shall be allowed to complete his/her term. However, that Committee member shall not be entitled to serve a subsequent term as a representative of the designated group.
\n
\nWithin sixty (60) days of being notified of a Committee vacancy, the Board will appoint a new member to complete the term of the vacancy following the process used to select the original
\nCommittee members. Committee members shall be subject to prohibitions regarding incompatibility of office pursuant to Government Code sections 1125-1129 and financial interest in contracts pursuant to Government Code sections 1090-1099.\n\n", "contentText": "Proposition 39 was approved by California voters in the November 7, 2000, general election and provides that the governing board of a school district may pursue the authorization and issuance of general obligation bonds by 55 percent vote of the electorate. As a result of the passage of Proposition 39, language was added to the Education Code requiring school districts passing a bond designated as a Proposition 39 bond to establish a citizens' oversight committee (\"Committee\") to actively review and report to the public on uses of bond proceeds to ensure that they are spent only on permissible purposes. In order to comply with these requirements, the District's Board of Trustees shall establish a Committee within sixty (60) days of the date that the Board enters election results of a successful Proposition 39 general election bond measure in its minutes.\n\nA. Committee's Purpose\n\nThe purpose of the Committee is to inform the public concerning the expenditure and uses of bond revenues. The Committee's legal charge is to actively review and report on the expenditure of taxpayer's money for school construction. The Committee shall convene to provide oversight of the following:\n\n- That bond revenues from Proposition 39 bonds adopted by a 55 percent vote of the electorate are expended only for the purpose described in Article 13A, section 1, subdivision (b)(3) of the California Constitution including 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; and\n\n- That, for Proposition 39 bonds adopted by a 55 percent vote of the electorate, as prohibited by Article 13A, section 1, subdivision (b)(3)(A) of the California Constitution, no funds are used for any teacher and administrative salaries or other school operating expenses normally paid from the general fund; although salaries for personnel assigned to the bond program are allowable as described in applicable case law.\n\nB. Committee's Duties\n\nThe Committee may engage in the following activities in furtherance of its purpose:\n\n- Receiving and reviewing copies of the annual performance audits required by Article 13A, section 1, subdivision (b)(3)(C) of the California Constitution.\n\n- Receiving and reviewing the annual financial audits required by Article 13A, section 1, subdivision (b)(3)(C) of the California Constitution.\n\n- Inspecting school facilities and grounds to ensure that bond revenues are expended in compliance with the requirements of Article 13A, section 1, subdivision (b)(3) of the California Constitution.\n\n- Receiving and reviewing copies of any deferred maintenance proposals or plans developed by the District, including any reports required by Education Code section 17584.1.\n\n- Reviewing efforts by the District to maximize bond revenues by implementing cost-saving measures including, but not limited, to the following:\n\n- mechanisms designed to reduce the costs of professional fees;\n\n- mechanisms designed to reduce the cost of site preparation;\n\n- recommendations regarding the joint use of core facilities;\n\n- mechanisms designed to reduce costs by incorporating efficiencies in school site design; and\n\n- recommendations regarding the use of cost-effective and efficient reusable facility plans.\n\nC. Committee Operations\n\nThe Committee's legal charge is to review bond expenditures and to inform the public about the uses of bond proceeds. The Committee's purpose is an audit function rather than ad advisory function. The Committee shall not have the authority to:\n\n- Participate in the bond sale and issuance process or make decisions concerning the timing, terms or structure of a bond issuance, except that the Committee may review the District's bond issuance documents upon the conclusion of a bond sale if desired.\n\n- Determine how bond funds shall be spent.\n\n- Select contractors or consultants for bond projects or participate in the negotiation or bid process for such contractors and consultants.\n\n- Enter or inspect a job site or construction project without prior permission of the District Superintendent or designee. Frequency and timing of all such visits are within the sole discretion of the Superintendent or designee. Visits to job sites require that the Committee member(s) be accompanied by a representative of the District and require that all safety measures in effect at the job site be followed.\n\n- Contact District contractors or consultants, including without limitation, accountants, auditors, architects, financial advisors and legal counsel, without the prior permission of the District Superintendent or designee.\n\n- Require the District to prepare reports or conduct audits more frequently than those required by law. The Committee shall not be entitled to legal representation by District legal counsel or at District expense, unless permitted by the Board.\n\nThe Committee shall meet in accordance with a regular schedule, the dates of which shall be determined by the Committee. In its first year, the Committee shall meet no more than quarterly; thereafter, the Committee shall meet at least once per year. Committee members shall be available to attend Board meetings when performance and financial audits are presented. The Superintendent or his/her designee shall act as staff to the Committee and attend Committee meetings. Members of the Board may attend as necessary or desirable. The Chair shall call the roll of the Committee members at the beginning of each meeting. Each Committee member shall sign an attendance sheet that shall be maintained by the person designated by the Chair.\n\nThe Committee's meetings are subject to the Ralph M. Brown Act, Government Code section 54950 et seq. Meetings shall be open to the public and noticed in the same manner as proceedings of the Board. An action item on the agenda may be approved by a simple majority of Committee members in attendance, a quorum being present.\n\nThe Committee shall annually select a Chair and a Vice-Chair and other officers as it determines, each for a one (1)-year term that may be renewed as determined by the Committee. District staff shall keep minutes of each Committee meeting. The minutes shall be distributed to each Committee member, and the Board, if requested, at the earliest reasonable date prior to the next subsequent meeting. Minutes of Committee proceedings and all documents received and reports issued shall be a matter of public record. The Committee shall submit all documents and minutes to the District's webmaster for publication on the District's internet website for public and community information services.\n\nThe Committee shall prepare regular reports on its activities. A report shall be issued at least once each year summarizing its review of the District's bond program for the past year. Upon completion of all bond projects, the Committee shall prepare a final written report summarizing its activities and conclusions.\n\nThe Board shall, without expending bond funds:\n\n- Provide the Committee with any necessary technical assistance;\n\n- Provide administrative assistance in furtherance of the Committee's purpose; and\n\n- Provide the Committee with sufficient resources to publicize the Committee'sconclusions.\n\nThe District may appoint District staff and consultants to serve as a resource to the Committee as needed to assist the Committee in carrying out its duties.\n\nBy Committee vote at any of its regular meetings, the Committee may form sub-committees for specific tasks. The Committee shall elect a chair of each sub-committee and provide written assignment goals for each subcommittee. Sub-committees may be subject to the Ralph M. Brown Act, pursuant to Government Code section 54952, subdivision (b).\n\nD. Committee Selection and Composition\n\nThe Committee shall be comprised of individuals who either live or work within the boundaries of the school district. The Superintendent or designee shall solicit applications for membership on the Committee, and in the event the number of applicants exceeds the number of spaces available, shall conduct interviews of interested and qualified citizens and make recommendations to the Board for appointments. The Board shall have the authority at its sole discretion to select and appoint the Committee, including the filling of vacancies that may occur during a member's term. While the Committee must consist of at least seven (7) members, the Board shall determine the final size of the Committee.\n\nAs required by law, Committee membership shall include the following categories:\n\n- One (1) member shall be active in a business organization representing the business community located within the school district;\n\n- One (1) member shall be active in a senior citizens' organization;\n\n- One (1) member shall be active in a bona fide taxpayers' organization;\n\n- One (1) member shall be the parent or guardian of at least one child currently enrolled in a school of the District; and\n\n- One (1) member shall be both a parent or guardian of at least one child currently enrolled in a school of the District and be an active member in a District parent/teacher organization, such as the PTA or schoolsite council.\n\nNo employee or official of the District shall be appointed to the Committee. Additionally, no vendor, contractor, or consultant of the District shall be appointed to the Committee. Members of the Committee shall, pursuant to Education Code section 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. Committee members who wish to be appointed for a second or third two (2) or three (3) -year term shall reapply to the Board for consideration. Committee members shall receive no remuneration for their participation on the Committee.\n\nE. Replacing a Committee Member\n\nMembers should attend regularly scheduled meetings. Members are expected to share responsibilities for carrying out the work of the Committee and abide by Board policies and administrative regulations. The Committee will advise a Committee member in writing that he/she is in violation of Committee participation requirements if the Committee member fails to attend two consecutive regularly scheduled meetings without an acceptable reason announced in advance. A new Committee member will be named by the Board if one or more of the following events occurs:\n\n- The Committee member submits a written resignation; or\n\n- The Committee member misses two (2) consecutive Committee meetings without an acceptable reason announced in advance.\n\nAn individual who replaces such a member shall serve until the completion of the original member's term. Thereafter, the member must apply for an additional term if she/he wishes to remain on the Committee. A member who is replaced may appeal to the Board for the Board to reappoint that person to the Committee.\n\nA Committee member who no longer serves as a representative of the designated group she/he was appointed to represent (e.g., ceases to be active within a taxpayers' organization, or ceases to\n\nhave a child enrolled in the District) shall be allowed to complete his/her term. However, that Committee member shall not be entitled to serve a subsequent term as a representative of the designated group.\n\nWithin sixty (60) days of being notified of a Committee vacancy, the Board will appoint a new member to complete the term of the vacancy following the process used to select the original\n\nCommittee members. Committee members shall be subject to prohibitions regarding incompatibility of office pursuant to Government Code sections 1125-1129 and financial interest in contracts pursuant to Government Code sections 1090-1099.", "footnotes": [ { "type": "Notice", "references": [ { "code": "Unique Policy", "description": "This policy is unique to the district/COE and is not connected to an existing CSBA sample policy or included in regular quarterly updates from CSBA.", "url": "" } ] } ], "crossRefs": [], "attachments": [] }