Membership - Appointment, Qualifications, Term, Removal and Replacement
There will be at least seven members of the Citizens Oversight Committee (COC), which will include:
- someone active in a "business organization representing the business community located within the District";
- someone active in a "senior citizen's organization";
- someone active in a "bona fide taxpayers' organization";
- a currently enrolled District student who is involved in student government and who may serve up to six months after graduation; and
- someone active in the support of the District through a Foundation affiliated with the District.
Members will be appointed by the Board of Trustees of the Ventura County Community College District through the following process:
- Appropriate local groups will be solicited for applications.
- The Chancellor or his designee will review the applications.
- The Chancellor or his designee will make recommendations to the Board of Trustee.
- Members will serve for two-year terms without compensation, and for no more than two consecutive terms.
- Vendors, contractors or consultants of the District may not be appointed to the COC.
- Members of the COC serve at the pleasure of the Board of Trustees and may be removed at any time at the discretion of the Board.
- If mid-term vacancies occur, the process for replacement shall ideally follow the same process as for regular appointments; however, the Chancellor may adjust the process as may be reasonably necessary for the circumstances.
- There will be at least seven members of the Citizens Oversight Committee (COC), which will include:
The role of the COC is to inform the public concerning the District's expenditure of revenues received from the sale of bonds authorized by the voters in the state primary election of March 2002. In particular, the COC will provide oversight ensuring that:
- bond revenues are expended only for the construction, reconstruction, rehabilitation or replacement of college facilities, including the furnishing and equipping of college facilities, or the acquisition or lease of real property for college facilities; and
- no bond revenues are expended for any teacher or administrative salaries or other college operating expenses.
To carry out its role, the COC may:
- receive and review copies of the annual independent performance audit conducted to ensure that the bond revenue has been expended only on the specific projects listed in the bond proposition;
- receive and review copies of the annual independent financial audit of the bond revenue;
- inspect college facilities and grounds to ensure that the bond revenue is expended in compliance with the requirements of paragraph (3) of subdivision (b) of Section 1 of Article XIIIA of the California Constitution;
- receive and review copies of deferred maintenance proposals or plans developed by the District; and
- review efforts by the District to maximize bond revenues by implementing various cost-saving measures. (Add subsection A-E from Section 15278 (c) (5) of the Education Code.)
Legal capacity of the COC
- The COC is established pursuant to Education Code Section 15278.
Information provided to COC members
- Information provided by staff to one member of the COC shall be provided to all members of the COC.
- The role of the COC is to inform the public concerning the District's expenditure of revenues received from the sale of bonds authorized by the voters in the state primary election of March 2002. In particular, the COC will provide oversight ensuring that:
- The Chair of the COC shall have the authority to direct staff as necessary to comply with public meeting laws.
- Except as expressly provided in these bylaws or by a majority vote of the COC, individual committee members shall not have the authority to direct staff unless the COC has voted express authority to do so.
- Each individual committee member retains the right to address the Board of Trustees, either on behalf of the COC, or as an individual.
- D. The COC will issue a report of its activities at least once a year in accordance with Section 15280(b) of the Ed Code.
Selection of a Chair
- The initial Chair for the COC shall be designated by the Chancellor.
- Thereafter, the Chair will be selected annually at the first meeting held on or after July 1 or as vacancies may occur. The Chair shall serve at the pleasure of the COC.
District Staffing to COC
- Reasonable staffing, as necessary, shall be provided to the COC without charge to bond funds and such staff shall report to the Chancellor.
- Staffing levels are within the discretion of the Chancellor, but the COC may make recommendations regarding their respective staffing needs.
- The Chair of the COC may seek legal counsel, as necessary, from counsel to be obtained by the District for the purpose of the bond program.
Defense and Indemnity
- The District shall defend and indemnify volunteers acting within the course and scope of their volunteer duties and to advance all defense fees, costs, and expenses. In the event of litigation naming the COC or the individual members, the Board of Trustees shall provide counsel for the COC and shall promptly determine whether to provide counsel for individual members.
- District Staffing to COC
Conduct of Meeting
- A quorum shall consist of one more than half of the total membership.
- The COC meetings are subject to the Brown Act. In light of this, a schedule of meetings for at least six-month periods will be adopted.
- Notices and agenda regarding the COC shall be posted in the same location where notices and agendas regarding the Board of Trustees meetings are posted.
- Each member of the committee will be given a current copy of the Brown Act. At the first meeting of the COC, Bond General Counsel shall provide a brief explanation of the Brown Act.
- Except as otherwise provided by these bylaws or applicable law, meetings shall be conducted in accordance with Robert's Rules of Order.
- Minutes of the meetings and all documents received and reports issued shall be a matter of public record and be made available on the District website.