Citizens’ Bond Oversight Committee Procedures

San Francisco Unified School District and County Office of Education

Administrative Regulation 1225

Citizens’ Bond Oversight Committee Procedures

 

This Administrative Regulation applies to the San Francisco Unified School District and the County Office of Education.

Section 1. COMMITTEE ESTABLISHED 

The Board of Education (the “Board”) of San Francisco Unified School District (the “District”) is required to appoint members to an independent citizens’ oversight committee (“Committee”) as a result of the passage of any voter-approved bond measure conducted pursuant to paragraph (3) of subsection (b) of Section 1 of Article XIII A of the Constitution of the State of California (added pursuant to Proposition 39 in November 2000), in accordance with the Strict Accountability in Local School Construction Bonds Act of 2000, Section 15264 et. seq. of the California Education Code. Educ. Code §15278(a). 

On January 14, 2025, the SFUSD Board of Education adopted Resolution 251-14Sp3 forming the Committee for the 2024 bond and appointing all existing members of the 2016 bond election Citizens’ Bond Oversight Committee to the Committee pursuant to paragraph (3) of subsection (b) of Section 1 of Article XIII A of the Constitution of the State of California (added pursuant to Proposition 39 in November 2000).

Section 2. PURPOSE

The purposes of the San Francisco Unified School District Independent Citizens’ Bond Oversight Committee are set forth in California Education Code, §15278, as to the duties and rights of the CBOC. The Committee is charged by statute with the following purposes:

1. To promptly alert the public to any waste or improper expenditure of school construction bond money. Educ. Code §15264(c).
2. To inform the public concerning the expenditure of bond revenues. Educ. Code §15278(b).
3. Ensuring that bond revenues are expended only for the purposes described in the Constitution; that is, 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. Calif. Const. art. XIII A, §1(b)(3); Educ. Code §15278(b)(1).
4. Ensuring that no funds are used for any teacher or administrative salaries or other school operating expenses, with the exception of district employees performing administrative oversight work on construction projects authorized by a voter approved bond measure). Calif. Const. art. XIII A, §1(b)(3)(A); Educ. Code §15278(b)(2).

 

Section 3. DUTIES

To carry out its stated purposes, the CBOC shall perform the following duties:

3.1. Review Expenditures. The CBOC shall review expenditures produced by the District (i.e. Annual Performance Audit and Annual Financial Audit) to ensure that (a) Bond Funds are expended only for the purposes set forth in the applicable ballot measure, and (b) no Bond Proceeds are used for any teacher or administrative salaries or other operating expenses of the District.

3.2. Annual Report. The CBOC shall provide a publicly available written annual report, which may be presented to the Board in open session, as requested by the Board. The annual report shall include the following: Ed Code §15280(b)

1. A statement indicating whether, based on review of the expenditures produced by the District, the District has spent bond funds only on authorized purposes and not on teacher/administrator salaries or operating expenses, and therefore is in compliance with the requirements of CA Constitution Article XIIIA, § 1(b)(3)(A); 
2. A summary of the CBOC’s proceedings and activities for the preceding year.

 

Section 4. AUTHORIZED ACTIVITIES 

In furtherance of its purposes, the Committee is authorized by statute to engage in the following activities:  Educ. Code §15278(c) and 15286.

1. Receiving and reviewing copies of the annual, independent financial and performance audits required by the Constitution. Consistent with the provisions contained in subparagraphs (C) and (D) of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution, the required annual, independent financial and performance audits for the preceding fiscal year shall be submitted to the Committee at the same time they are submitted to the District, but no later than March 31 of each year. These audits shall be conducted in accordance with the Government Auditing Standards issued by the Comptroller General of the United States for financial and performance audits.
2. Inspecting school facilities and grounds to ensure that bond proceeds are expended in compliance with the requirements of paragraph (3) of subdivision (b) of Section 1 of Article XIIIA of the California Constitution. 
3. Receiving and reviewing copies of any deferred maintenance proposals or plans developed by the District, if any exist.
4. Reviewing efforts by the District to maximize bond revenues  by implementing cost-saving measures per Educ. Code §15278(c) , including, but not limited to:
   1. Mechanisms designed to reduce the costs of professional fees.
   2. Mechanisms designed to reduce the costs of site preparation.
   3. Recommendations regarding the joint use of core facilities.
   4. Mechanisms designed to reduce costs by incorporating efficiencies in school site design.
   5. Recommendations regarding the use of cost-effective and efficient reusable facility plans.

 

4.2. Information Requests. The CBOC may make requests for copies of District records and information related to the expenditure of Bond Proceeds in writing to the Bond Program Communications Director, or the individual acting in that capacity. The District shall provide such information to the Committee as the District deems necessary for the Committee to perform its function and required by statute.

Section 5. CBOC MEMBERSHIP AND COMPOSITION

The Board shall have the sole discretion to select, appoint, and remove the CBOC members and to determine its final size. The Board will make a good faith effort to appoint the Committee and fill vacancies to ensure that the Committee is fully constituted and functioning. No vacancy, at initial appointment or otherwise, will prevent the Committee from meeting and conducting its business.

5.1. Member Composition. The Committee shall be comprised of at least 7 members. Pursuant to statute, the Board shall appoint to the Committee the following members (Educ. Code §15282(a):

1. One member active in a business organization representing the business community located within the District
2. One member active in a senior citizens’ organization
3. One member active in a bona fide taxpayers’ organization
4. One member who is the parent or guardian of a child enrolled in the District
5. One member who is the parent or guardian of a child enrolled in the District and who is active in a parent-teacher organization, such as the PTA or school site council
6. Two other members, selected from the public at large

5.2. Additional Eligibility Restrictions. The following persons are not eligible to serve on the Committee:  Educ. Code §15282(b).

1. Any employee of the District
2. Any official of the District
3. Any vendor, contractor or consultant of the District

 

5.3. Compensation.  Members serve without compensation. Educ. Code §15282(a).

5.4. Qualification Standards. To be a qualified person, they must be at least 18 years of age and reside within the District’s geographic boundary, in accordance with Government Code Section 1020. 

5.5. Ethics; Conflicts of Interest, Incompatibility of Office. By accepting appointment to the CBOC, 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 and the Political Reform Act (Gov. Code 81000 et seq.). Additionally, each member shall comply with the Committee Ethics Policy attached as Attachment A to this Administrative Regulation. The CBOC members are not “designated employees” of the District. Additionally each member shall be subject to prohibitions regarding incompatibility of office pursuant to Government Code sections 1125-1129 and financial interest in contracts pursuant to Government Code sections 1090-1098.

5.6. Term. Except as otherwise provided herein, and in accordance with CA Assembly Bill 1199, each member shall serve a term of two (2) years, beginning on the date of appointment by the Board. Upon the expiration of a member’s term, the member may be recommended for a reappointment if the member wishes to serve another term. No member may serve more than three (3) consecutive terms. The Board shall approve all reappointments. Educ. Code §15282(a)

 

Section 6. CBOC MEETINGS

6.1.  Required Annual Meeting  and Discretionary Quarterly Meetings. The Committee is required to conduct at least one annual meeting, the purpose of which is to receive the reports and documents required to be provided to the Committee by the Board, and to approve a report of the Committee. Educ. Code §15280(b), 15278(c). At the Committee’s discretion, the Committee may meet up to four times per year (quarterly). The Committee may cancel up to three meetings per year as necessary or desirable.

6.2. Location. All meetings shall be held in person at 135 Van Ness Avenue in San Francisco, California or at any other location within the District freely accessible to the public, as may be designated by the CBOC on the particular agenda.

6.3. Procedures. The Committee’s meetings are governed by the Ralph M. Brown Act, commencing at Section 54950 of the California Government Code. Educ. Code §15280(b).

The Committee shall operate pursuant to this Administrative Regulation and shall have no power to adopt any rules, procedures, regulations, or other governing documents that are inconsistent with this Administrative Regulation. Determination of consistency shall be made by the District in its sole discretion.

All Committee proceedings shall be open to the public. Notice to the public of any meeting of the Committee shall be provided in the same manner as the proceedings of the Board.

6.4. Quorum. A majority of the number of the CBOC members shall constitute a quorum for the transaction of any business except adjournment. 

6.5. Agendas

1. District staff, in consultation with the Chair, shall establish meeting dates and set the agenda for each meeting. All agenda items shall be pursuant to the CBOC’s authorized purpose described in Section 2. 
2. Any member of the CBOC may submit a request for placing an item, pursuant to the CBOCs authorized purpose in Section 2,  on a future agenda.
3. Minutes of the proceedings of the Committee and all documents received and reports issued by the Committee are a matter of public record. Educ. Code §15280(b).

 

Section 7. DISTRICT SUPPORT

7.1. Technical Assistance. The Board is required to provide the Committee with any necessary technical assistance and shall provide administrative assistance to the Committee in furtherance of its purpose. Educ. Code §15280(a).

1. The Board is required to provide sufficient resources to publicize the conclusions of the Committee. Educ. Code §15280(a).
2. No bond funds shall be expended on any activities or technical assistance provided to the Committee. Educ. Code §15280(a). 
3. District staff members are directed by the Board to assist the Committee in complying with the requirements of the Brown Act and in posting documents and reports on the website maintained by the District for the Committee. 
4. The District shall maintain and make available to the Committee an Internet website for publication of proceedings of the Committee. Educ. Code §15280(b).
5. All documents received and reports issued by the Committee shall be made available to the public on the website. Educ. Code §15280(b).

 

Section 8. REPORTS 

8.1. CBOC Reports.

1. All reports, written and/or oral, that represent the CBOC’s position must be reviewed by the CBOC members and approved as to substance by majority vote of the CBOC. All reports, written and/or oral, shall be presented to the public via the Board by the CBOC Chair or their approved designee. The District will not entertain or otherwise support or recognize any “minority reports” or any writings other than those approved by a majority of the Committee.

8.2. Statements for the Record and Media Engagement. 

1. Any member of the CBOC may speak as an individual on bond issues, but must clearly state for the record and insist that it be made known that such statements are their own personal views and do not necessarily represent those of CBOC or the District.
2. All CBOC contact with the media or other press related activities on behalf of the CBOC must be approved by a majority of the CBOC, and communication with the press shall only be done by the CBOC Chair or other authorized CBOC representatives.

 

Section 9. OFFICERS

9.1. Officers of the CBOC. CBOC shall maintain the following officers, who shall serve a two-year term: 

1. Chair. The Committee should designate a member as presiding officer or chair to preside over meetings of the Committee. 
2. Vice Chair. The Committee should designate a member as Vice Chair to assume the duties of the Chair in the Chair’s absence. 
3. Secretary. The Committee should designate a member as secretary to keep accurate minutes of the Committee’s meetings and actions, in order to fulfill the legal requirement that such minutes and documents and reports be entered into the public record.

9.2. Duties of the Chair.

1. The Chair shall call all CBOC meetings. District staff, in consultation with the Chair, shall establish meeting dates and set the agenda for each meeting.  
2. The Chair shall preside over each CBOC meeting.
3. The Chair may, upon willing concurrence of candidates, appoint members to each subcommittee that the CBOC chooses to form.
4. The Chair or their CBOC approved designee shall serve as spokesperson for CBOC in all representations of CBOC to the public, the Board, and the media, subject to the provisions of Section 8.2 of this Administrative Regulation.
5. The Chair is an ex-officio member of all subcommittees. 
6. The Chair may designate a CBOC member as Parliamentarian to assist in complying with Rules of Order during CBOC meetings. 

 

9.3. Duties of the Vice-Chair. The Vice-Chair shall perform each of the duties of the Chair as necessary in the absence of the Chair. 

9.4. Succession. If the Chair resigns or is otherwise unable to complete their term, the Vice-Chair shall automatically become the Interim Chair until a new Chair is elected by the CBOC. If there is an unexpected vacancy of the Vice-Chair, the Chair shall appoint an Interim Vice-Chair until a new Vice-Chair is elected by the CBOC. Following a Chair or Vice-Chair vacancy, election for officers shall take place no later than the second duly noticed meeting of the CBOC, following the vacancy. If both positions become concurrently vacant, the District Superintendent shall appoint an Interim Chair.

9.5. Officer Elections. The CBOC shall place into nomination and elect Officers as required by term limits and vacancies.

Section 10. MODIFICATIONS TO ADMINISTRATIVE REGULATION

Amendments to the Administrative Regulation may only be made by the Superintendent or their designee.

Section 11. TERMINATION 

The CBOC shall automatically terminate and disband on the date when all Bond Funds are spent. 

Administrative Regulation: Citizens’ Bond Oversight Committee Procedures

 

ATTACHMENT A

CITIZENS’ BOND OVERSIGHT COMMITTEE ETHICS POLICY STATEMENT

This Ethics Policy Statement provides general guidelines for Committee members to follow in carrying out their roles. Not all ethical issues that Committee members face are covered in this Statement. However, this Statement captures some of the critical areas that help define ethical and professional conduct for Committee members. The provisions of this Statement were developed from existing laws, rules, policies and procedures as well as from concepts that define generally accepted good business practices. Committee members are expected to strictly adhere to the provisions of this Ethics Policy.

POLICY

Conflict of Interest.

A Committee member shall not make or influence a District decision related to: (1) any contract funded by Bond proceeds or (2) any District construction project which will benefit the committee member’s outside employment, business, or a personal finance or benefit an immediate family member, such as a spouse, child or parent.

Outside Employment.

A Committee member shall not use his or her authority over a particular matter to negotiate future employment with any person or organization that relates to: (1) any contract funded by Bond proceeds, or (2) any District construction project. A Committee member shall not make or influence a District decision related to any construction project involving the interest of a person with whom the member has an agreement concerning current or future employment, or remuneration of any kind. For a period of two (2) years after leaving the Committee, a former Committee member may not represent any person or organization for compensation in connection with any matter pending before the District that, unless granted a waiver by the Board of Education, as a Committee member, he or she participated in personally and substantially. Specifically, for a period of two (2) years after leaving the Committee, a former Committee member and the companies and businesses for which the member works shall be prohibited from contracting with the District with respect to: (a) bidding on projects funded by Bond proceeds; and (b) any District construction project.

Commitment to Uphold the Law. 

A Committee member shall uphold the federal and California Constitutions, the laws and regulations of the United States and the State of California (particularly the Education Code) and all other applicable government entities, and the policies, procedures, rules and regulations of the San Francisco Unified School District.

Commitment to the Public.

A Committee member shall place the interests of the Public above any personal or business interest of the member.