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Below is a cache of http://www.sjdccd.cc.ca.us/bondmeasure/bylaws_ethics.pdf. It's a snapshot of the page taken as our search engine crawled the Web.
The web site itself may have changed. You can check the current page or check for previous versions at the Internet Archive. Yahoo! is not affiliated with the authors of this page or responsible for its content. CITIZENS' BOND OVERSIGHT COMMITTEE BYLAWS Section 1. CITIZENS' BOND OVERSIGHT COMMITTEE BYLAWS Section 1. Committee Established. The San Joaquin Delta Community College District (the "District") was successful at the election conducted on March 2, 2004 (the Election), in
obtaining authorization from the District's voters to issue up to $250,000,000 aggregate principal
amount of the District's general obligation bonds (the Measure L). The election was conducted
under Proposition 39, being 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 now obligated to establish the
Committee in order to satisfy the accountability requirements of Prop 39. The Board of Trustees of
the San Joaquin Delta 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. 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 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 the Measure L. Regular and deferred maintenance projects and all monies generated
under other sources shall fall outside the scope of the Committee 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 concerning the Districts expenditure of bond proceeds. 3.2 Review Expenditures. The Committee may review quarterly expenditure reports produced by the District to ensure that (a) bond proceeds were expended only for the purposes set
forth in Measure L; (b) 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) A statement indicating whether the District is in compliance with the requirements of Article XIIIA, Section 1(b)(3) of the California Constitution; and (b) A summary of the Committee's proceedings and activities for the preceding year. 2 3.4 Duties of the Board/Superintendent/President. Either the Board or the Superintendent/President, as the Board shall determine, shall have the following powers reserved to
it, and the Committee shall have no jurisdiction over the following types of activities: (i) Approval of construction contracts, (ii) Approval of construction change orders, (iii) Appropriation of construction funds, (iv) Handling of all legal matters, (v) Approval of construction plans and schedules, (vi) Approval of deferred maintenance plans, and (vii) Approval of the sale of bonds. 3.5 Voter-Approved Projects Only. 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: (a) Projects 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. (b) The establishment of priorities and order of construction for the bond projects shall be made by the Board in its sole discretion. (c) 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. (d) The approval of the design for each project including exterior materials, paint color, interior finishes, site plan and construction methods (modular vs. permanent) by the
Board in its sole discretion and shall report to the Committee on any cost saving techniques
considered or adopted by the Board. (e) The selection of independent audit firm(s), performance audit consultants and such other consultants as are necessary to support the activities of the Committee. (f) 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. (g) The appointment or reappointment of qualified applicants to serve on the Committee, subject to legal limitations, and based on criteria adopted in the Boards sole
discretion as part of carrying out its function under Prop 39. 3 Section 4. Authorized Activities. 4.1 In order to perform the duties set forth in Section 3.0, the Committee may engage in the following authorized activities: (a) 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. (b) 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 Vice
President of Administrative Services. (c) Review copies of deferred maintenance proposal or plans developed by the District. (d) Review efforts by the District to maximize bond proceeds by implementing various cost-saving measures. 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 citizen's organization. One (1) member active in a bona-fide taxpayers association. One (1) member active in a support organization for the college, such as a foundation. Two (2) members of the community at-large. 5.2 Qualification Standards. (a) To be a qualified person, he or she must be at least 18 years of age. (b) 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 4 with Section 1125) of Division 4 of Title 1 of the Government Code and the Political Reform Act
(Gov. Code
The web site itself may have changed. You can check the current page or check for previous versions at the Internet Archive. Yahoo! is not affiliated with the authors of this page or responsible for its content. CITIZENS' BOND OVERSIGHT COMMITTEE BYLAWS Section 1. CITIZENS' BOND OVERSIGHT COMMITTEE BYLAWS Section 1. Committee Established. The San Joaquin Delta Community College District (the "District") was successful at the election conducted on March 2, 2004 (the Election), in
obtaining authorization from the District's voters to issue up to $250,000,000 aggregate principal
amount of the District's general obligation bonds (the Measure L). The election was conducted
under Proposition 39, being 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 now obligated to establish the
Committee in order to satisfy the accountability requirements of Prop 39. The Board of Trustees of
the San Joaquin Delta 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. 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 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 the Measure L. Regular and deferred maintenance projects and all monies generated
under other sources shall fall outside the scope of the Committee 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 concerning the Districts expenditure of bond proceeds. 3.2 Review Expenditures. The Committee may review quarterly expenditure reports produced by the District to ensure that (a) bond proceeds were expended only for the purposes set
forth in Measure L; (b) 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) A statement indicating whether the District is in compliance with the requirements of Article XIIIA, Section 1(b)(3) of the California Constitution; and (b) A summary of the Committee's proceedings and activities for the preceding year. 2 3.4 Duties of the Board/Superintendent/President. Either the Board or the Superintendent/President, as the Board shall determine, shall have the following powers reserved to
it, and the Committee shall have no jurisdiction over the following types of activities: (i) Approval of construction contracts, (ii) Approval of construction change orders, (iii) Appropriation of construction funds, (iv) Handling of all legal matters, (v) Approval of construction plans and schedules, (vi) Approval of deferred maintenance plans, and (vii) Approval of the sale of bonds. 3.5 Voter-Approved Projects Only. 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: (a) Projects 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. (b) The establishment of priorities and order of construction for the bond projects shall be made by the Board in its sole discretion. (c) 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. (d) The approval of the design for each project including exterior materials, paint color, interior finishes, site plan and construction methods (modular vs. permanent) by the
Board in its sole discretion and shall report to the Committee on any cost saving techniques
considered or adopted by the Board. (e) The selection of independent audit firm(s), performance audit consultants and such other consultants as are necessary to support the activities of the Committee. (f) 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. (g) The appointment or reappointment of qualified applicants to serve on the Committee, subject to legal limitations, and based on criteria adopted in the Boards sole
discretion as part of carrying out its function under Prop 39. 3 Section 4. Authorized Activities. 4.1 In order to perform the duties set forth in Section 3.0, the Committee may engage in the following authorized activities: (a) 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. (b) 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 Vice
President of Administrative Services. (c) Review copies of deferred maintenance proposal or plans developed by the District. (d) Review efforts by the District to maximize bond proceeds by implementing various cost-saving measures. 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 citizen's organization. One (1) member active in a bona-fide taxpayers association. One (1) member active in a support organization for the college, such as a foundation. Two (2) members of the community at-large. 5.2 Qualification Standards. (a) To be a qualified person, he or she must be at least 18 years of age. (b) 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 4 with Section 1125) of Division 4 of Title 1 of the Government Code and the Political Reform Act
(Gov. Code
download CITIZENS' BOND OVERSIGHT COMMITTEE BYLAWS Section 1.
