AB 1253: Education finance: school bonds: citizens' oversight committees.

(1)Existing law requires the governing board of a school district or community college district to establish and appoint members to an independent citizens oversight committee, as specified, if a bond measure authorized pursuant to certain provisions of the California Constitution is approved by 55% of the voters. Existing law requires the citizens oversight committee to convene to at least ensure the bond revenues are expended only for specified purposes and not used for any teacher or administrative salaries or other school operating expenses.

This bill would require citizens oversight committees to conduct active and in-depth investigations concerning the expenditure of bond revenues. The bill would require citizens oversight committees to perform several functions that are optional under existing law, including receiving and reviewing copies of specified audit documents and plans, and performing specified inspections of school facilities and grounds. The bill would specifically require citizens oversight committees to review the require a county office of education, at the request of a citizens oversight committee, to review a school districts employment of a professional firms for the conduct of bond issues and expenditures of the proceeds of bond issues, firm or construction contractor, as specified. By imposing new duties on county offices of education, the bill would impose a state-mandated local program.

(2)Existing law requires the governing board of a school district or community college district, without expending bond funds, to provide the citizens oversight committee with any necessary technical assistance, administrative assistance, and sufficient resources to publicize the conclusions of the citizens oversight committee.

This bill would additionally require that the governing board of a school district or community college district provide the citizens oversight committee with the necessary technical assistance and administrative assistance this assistance to be made promptly. The bill would also require the governing board of a school district or community college district to provide the citizens oversight committee with all documentation requested by the committee pursuant to the provisions described in (1) above.

To the extent that this provision would impose new duties on school districts and community college districts with previously appointed citizens oversight committees that are operating as of the date that this bill becomes operative, it would constitute a state-mandated local program.

(3)Existing law authorizes an action to obtain an order restraining and preventing any expenditure of funds received by a school district or community college district through the sale of bonds described above against any officer, agent, or other person acting on behalf of, that school district or community college district, by citizens who are or were liable to pay an ad valorem tax on real property within the school or community college district if it appears by the complaint or affidavits that certain conditions are present, including, among others, that the governing board of a school district or community college district has willfully failed to appoint the citizens oversight committee.

This bill would add to these conditions a situation in which the governing board of the school district or community college district has failed to cooperate with the citizens oversight committee.

(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.