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‘Extreme Accountability’ for Measure BB-The Citizens Oversight Committee

Staff Report

Measure BB comes with strict fiscal accountability. If approved by voters on November 6, 2018, the District is required to form the Citizens Oversight Committee to ensure that all bond funds are expended in accordance with the legal requirements set by Education Code and the California Constitution.

Committee Appointment and Membership
The Committee shall consist of at least seven (7) members (and may be larger) to serve for a term of two (2) years, without compensation, and for no more than three (3) consecutive terms. The Committee shall not include any employer or official of the school district or any vendor, contractor, or consultant of the school district. The Committee must include all of the following:

(a) One member who is active in a business organization representing the business community located within the school district;
(b) One member active in a senior citizens’ organization;
(c) One member active in a bona fide taxpayer association;
(d) One member shall be the parent or guardian of a child enrolled in the district.
(e) 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 school site council

Purpose of the Committee
As stated in State law, the principal purpose of the Committee shall be to inform the public at least annually in a written report concerning the expenditure of the bond proceeds. In carrying out this purpose the Committee shall:

(a) Actively review and report on the proper expenditure of taxpayers’ money for school construction;
(b) Advise the public as to whether the school district is in compliance with the requirements of Article XIII, Section 1(b)(3) of the California Constitution, which provides that:
(i) Bond funds are expended only 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;
(ii) No bond funds are used for any teacher or administrative salaries, benefits, pensions, or other school operating expenses;
(iii) A list of projects to be funded was included on the ballot;
(iv) An annual independent performance audit is performed; and
(v) An annual independent financial audit is performed.

Annual Financial and Performance Audits
As required by State Law, there will be two separate audits by an independent auditor annually:

1. Financial Audit – This audit must be of the proceeds from the sale of the bonds until all of those proceeds have been expended for the school facilities projects.

2. Performance Audit – This audit is performed to ensure that the bond funds have been expended only on the specific projects listed in the bond measure.

Both audits must be prepared by an independent auditor (or auditing firm), which should have adequate qualifications to complete this task and render a reliable report. In addition, the audits should be addressed to both the school district and the Committee when completed and should be provided to the Committee promptly after completion so that the Committee can evaluate the audit report and make a determination as to the compliance of the District with the applicable Constitutional, the bond measure and any applicable Committee and school district Policy requirements.

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