Do Your Bylaws Allow an Independent CBOC?
When a Proposition 39 bond measure is approved by the voters the governing board of the district is required to establish and appoint members to an independent citizens’ bond oversight committee (CBOC) within 60 days. The governing board establishes the CBOC and approves their bylaws before the CBOC members are appointed and without input from the CBOC.
The bylaws approved by the governing board can control how the CBOC reviews and reports on the proper expenditures of taxpayer’s money for school construction. Governing boards can use the bylaws forced on the CBOC to inhibit its independence.
CABOC's recent Compliance Survey of 205 CBOCs (a random sample of the 499 CBOCs which provides a confidence factor of 95%) had these results:
• Nearly one-half of the bylaws stated that the CBOC is not independent.
• About one-half of the CBOCs can’t determine their meeting schedule.
• Three-quarters of the CBOCs can’t approve amendments to their bylaws without the governing board’s approval.
See the complete survey results here, Broken Promise: Failure of Proposition 39 School CBOCs to Provide Independent and Transparent Oversight:
It was the intent of the Legislature in establishing CBOCs that:
• Vigorous efforts are undertaken to ensure that expenditures of bond measures are in strict conformity with the law.
• Taxpayers directly participate in the oversight of bond expenditures.
• CBOC members alert the public to any wasted or improper expenditures.
• Unauthorized expenditures of bond revenues are vigorously investigated, prosecuted, and that the courts act swiftly to restrain any improper expenditures.
Do the bylaws of your CBOC allow for an independent CBOC that can achieve the intent of the Legislature?
• Do your bylaws state you are independent of the district?
• Can you determine your meeting schedule?
• Can you determine your parliamentary procedures?
• Can you issue reports as needed?
• Can you set your agenda?
• Can you determine your officers and their duties?
• Can you appoint ad hoc committees and subcommittees?
• Can you amend your bylaws without the approval of the governing board?
If you can’t answer “yes” to these eight questions your CBOC can’t achieve the Legislature’s intent for CBOC.
CABOC FAQs: https://www.bondoversight.org/california-bond-oversight-committee-faq
