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Proposition M >>
ICOC >> By-Laws
Proposition M
ICOC By-Laws
(Approved by Palomar College
Board of Governors September 26, 2007)
SECTION 1.
COMMITTEE ESTABLISHED. The Palomar Community College
District (the "District") is conducting an election on
November 7, 2006 (the “Election”), and seeking authorization
from the District's voters to issue up to $694,000,000,
aggregate principal amount of the District's general
obligation bonds (the “Measure M”).
The election is being conducted under
Proposition 39, chaptered as the Strict Accountability in
Local School Construction Bonds Act of 2000, at Section
15264 et seq. of the Education Code of the State ("Prop
39"). Pursuant to Section 15278 of the Education Code, the
District is obligated to establish the Committee in order to
satisfy the accountability requirements of Prop 39. The
Governing Board of the Palomar Community College District
(the "Board") hereby establishes the Citizens' Bond
Oversight Committee (the "Committee") which shall have the
duties and rights set forth in these Bylaws as well as set
forth in Resolution No. 06-20888 of the Board (“Election
Resolution”). The Committee does not have independent legal
capacity from the District.
SECTION 2.
PURPOSES.
The purposes of the Committee are set forth in Prop 39, and
these Bylaws are specifically made subject to the applicable
provisions of Prop 39 as to the duties and rights of the
Committee. The Committee shall also be charged with
responsibilities as set forth in the Election Resolution,
which is incorporated herein in its entirety. The Committee
shall be deemed to be subject to the Ralph M. Brown Public
Meetings Act of the State of California and shall conduct
its meetings in accordance with the provisions thereof. The
District shall provide necessary administrative support to
the Committee as shall be consistent with the Committee's
purposes, as set forth in Prop 39.
The proceeds of general obligation bonds
issued pursuant to the Election are hereinafter referred to
as "bond proceeds." The Committee shall confine itself
specifically to bond proceeds generated under Measure
M. Expenditure of other facility monies generated from other
sources shall fall outside the scope of the Committee’s
review. However, to the extent that facilities are financed
with a combination of Measure M monies and other non-bond
funds, such projects and expenditures shall be subject to
Committee oversight and review.
SECTION 3.
DUTIES.
To carry out its stated purposes, the Committee shall
perform the following duties:
3.1 Inform the Public. The Committee shall inform the public and the Board
concerning the District’s expenditure of bond proceeds.
3.2 Review
Expenditures. The Committee shall review expenditure reports produced by the
District to ensure that:
- Bond proceeds were expended only for the purposes
set forth in the Measure M; and
- No bond proceeds were used for any
teacher or administrative salaries or other operating expenses.
3.3 Annual Report. The Committee shall present to the Board, in public
session, an annual written report which shall include the following:
- A
statement indicating whether the District is in compliance with the
requirements of Article XIIIA, Section 1(b)(3) of the California Constitution;
and
- A summary of the Committee's proceedings and activities for the
preceding year.
3.4 Duties of the Board and/or Superintendent/President. While
the Board or the Superintendent/President, as the Board shall determine, shall
have the following powers reserved to it, the Committee shall have the right to
provide input to both the Board and Superintendent/President on the following
activities:
- Approval of construction contracts;
- Approval of
construction change orders;
- Expenditure of construction funds;
- Approval of construction plans and schedules;
- Approval of all
deferred maintenance plans; and
- Approval of the sale of bonds.
3.5 Voter-Approved Projects Only.
- Subject to the provision (ii) below, in
recognition of the fact that the Committee is charged with overseeing the
expenditure of bond proceeds, the Board has not charged the Committee with
responsibility for the following:
- Projects exclusively financed through the
State of California, developer fees, redevelopment tax increment, certificates
of participation, lease/revenue bonds, the general fund, or the sale of surplus
property without bond proceeds shall be outside the authority of the Committee.
- The establishment of priorities and order of construction for the bond
projects, which shall be made by the Board in its sole discretion.
- The
selection of architects, engineers, soils engineers, construction managers,
project managers, CEQA consultants and such other professional service firms as
are required to complete the project based on District criteria established by
the Board in its sole discretion.
- The selection of independent audit
firm(s), performance audit consultants, and such other consultants as are
necessary to support the activities of the Committee.
- The approval of an
annual budget for the Committee that is sufficient to carry out the activities
set forth in Prop 39 and included herein.
- With respect to the activities
described in paragraph (b), (c), (d), and (e) above, the Committee shall have
the right to provide advice and input to the Board and Superintendent/President.
SECTION 4. AUTHORIZED ACTIVITIES.
4.1 In order to perform the duties set forth
in Section 3.0, the Committee shall engage in the following authorized
activities:
- Receive and review copies of the District's annual independent
performance audit and annual independent financial audit, required by Article
XIIIA of the California Constitution.
- Inspect college facilities and
grounds for which bond proceeds have been or will be expended, in accordance
with any access procedure established by the District's
Superintendent/President.
- Review copies of deferred maintenance proposal or
plans developed by the District.
- Review efforts by the District to maximize
bond proceeds by implementing various cost-saving measures.
- Comment on
proposed Measure M projects and offer advice to the District on aspects of such
projects.
SECTION 5.
MEMBERSHIP
5.1 Number. The Committee shall consist of a
minimum of seven (7) members appointed by the Board of Trustees from a list of
candidates submitting written applications, and based on criteria established by
Prop 39, to wit:
- One (1) student enrolled and active in a community college
support group, such as student government.
- One (1) member active in a
business organization representing the business community located in the
District.
- One (1) member active in a senior citizens' organization.
- One (1) member active in a bona-fide taxpayers association.
- One (1)
member active in a support organization for Palomar College, such as a
foundation or advisory council.
- Two (2) members of the community at-large.
In addition, a majority of the members of the Committee shall possess expertise
in one or more of the following areas:
- large scale construction operations;
- municipal/public finance matters;
- multiple years expertise with
agency/entity budgeting (which may include public agency or public entity
budgeting); and
- project management.
5.2 Qualification Standards.
- To
be a qualified person, he or she must be at least 18 years of age and, wherever
possible, reside within the boundaries of the District.
- The committee may
not include any employee, official of the District or any vendor, contractor or
consultant of the District.
5.3 Ethics: Conflicts of Interest. By accepting
appointment to the Committee, each member agrees to comply with Articles 4
(commencing with Section 1090) and 4.7 (commencing with Section 1125) of
Division 4 of Title 1 of the Government Code.
5.4 Term. Except as otherwise
provided herein, each member shall serve a term of two (2) years, commencing on
the date of the first meeting of the Committee. No member may serve more than
two (2) consecutive terms. At the Committee's first meeting, members will draw
lots or otherwise select a minimum of two members to serve for an initial one
(1) year term and the remaining members for an initial two (2) year term.
5.5 Appointment. Members of the Committee shall be appointed by the Board at a
regularly scheduled, properly noticed public meeting through the following
process: (a) appropriate local groups will be solicited for applications; (b)
the Superintendent/President or his or her designee will review the
applications; (c) the Superintendent/President or his or her designee will
submit the qualifications of each applicant to the Board and make appointment
recommendations to the Board, and (d) the Board shall appoint members following
public disclosure of each applicant’s qualifications and soliciting public
comment on all of the nominees.
5.6 Removal; Vacancy. The Board may remove
any Committee member for cause, including failure to attend two consecutive
Committee meetings without reasonable excuse or for failure to comply with any
District ethics policy. Upon a member's removal, his or her seat shall be
declared vacant. The Board, in accordance with the established appointment
process set forth in Section 5.5 above shall fill any vacancies on the
Committee. Vacancies shall be filled within 90 days from the initial date of
each such vacancy.
5.7 Compensation. The Committee members shall not be
compensated for their services.
5.8 Authority of Members. (a) Committee
members shall not have the authority to direct staff of the District, and (b)
individual members of the Committee retain the right to address the Board,
either on behalf of the Committee or as an individual.
SECTION 6. MEETINGS OF
THE COMMITTEE
6.1 Regular Meetings. The Committee is required to meet at least
once a year, but may meet more often as the Committee shall determine, but no
more frequently than monthly.
6.2 Location. All meetings shall be held
within the boundaries of the Palomar Community College District.
6.3 Procedures. All meetings shall be open to the public in accordance with
the Ralph M. Brown Act, Government Code Section 54950 et seq. Meetings shall be
conducted according to such additional procedural rules as the Committee may
adopt. A majority of the number of Committee members shall constitute a quorum
for the transaction of any business of the Committee.
SECTION 7. DISTRICT
SUPPORT.
7.1 The District shall provide to the Committee necessary technical
and administrative assistance as follows:
- Preparation of and posting of
public notices as required by the Brown Act, ensuring that all notices to the
public are provided in the same manner as notices regarding meetings of the
District Board;
- Provision of a meeting room, including any necessary
audio/visual equipment;
- Preparation and copies of any documentary meeting
materials, such as agendas and reports; and
- Retention of all Committee
records, and providing public access to such records on an Internet website
maintained by the District.
7.2 District staff and/or District consultants
shall attend Committee proceedings in order to report on the status of projects
and the expenditures of bond proceeds.
7.3 No bond proceeds shall be used to
provide District support to the Committee.
SECTION 8. REPORTS. In addition
to the Annual Report required in Section 3.2, the Committee shall report to the
Board from time to time in order to advise the Board on the activities of the
Committee. The Annual Report shall be in writing and shall summarize the
proceedings and activities conducted by the Committee.
SECTION 9. OFFICERS.
The Superintendent/President shall appoint the initial Chair to serve for an
initial one (1) year term. The Committee shall elect an initial Vice-Chair.
Thereafter, the Committee shall elect a Chair and a Vice-Chair who shall act as
chair only when the Chair is absent.
SECTION 10. AMENDMENT OF BYLAWS. Any
amendment to these Bylaws shall be approved by a two-thirds vote of the Board.
SECTION 11. TERMINATION. The Committee shall automatically terminate and
disband 180 days following the date when all Measure M bond proceeds have been
spent.
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