Score: +2 (7/1/5)

Contra Costa County Grand Jury • 2024-2025

Measure J Citizen's Bond Oversight Committee; Mt. Diablo Unified School District - a case of Impeded Oversight

Published: May 30, 2025 20 pages

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⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings and Recommendations 10 findings

By the California Education Code, the Measure J CBOC is to be independent of MDUSD and represents and informs the taxpayers.

No recommendations for this finding

The CBOC does not prepare its own Bylaws which detail how the committee operates.

Related Recommendations (1)

By December 31, 2025, the MDUSD should permit the Measure J CBOC to independently prepare, modify and approve the committee’s Bylaws.

The MDUSD provides the CBOC Bylaws.

No recommendations for this finding

The CBOC cannot modify the Bylaws without MDUSD approval.

Related Recommendations (1)

By December 31, 2025, the MDUSD should permit the Measure J CBOC to independently prepare, modify and approve the committee’s Bylaws.

The MDUSD reviews and appoints CBOC renewing and new members.

Related Recommendations (1)

By December 31, 2025, the MDUSD should include the CBOC in activities associated with screening, selection and approval of CBOC candidates for continuing and new members' positions.

The MDUSD is required by the EDCODE to provide support to the CBOC.

Related Recommendations (1)

By December 31, 2025, the MDUSD should provide assistance the CBOC has requested.

The CBOC does not have an independent legal consultant.

No recommendations for this finding

The CBOC is not independent as intended by Proposition 39.

Related Recommendations (1)

By December 31, 2025, the MDUSD should recognize that California Education Code requires that the Measure J CBOC is an independent oversight committee reporting to the taxpayers and not controlled by the MDUSD.

The last annual report from CBOC presented negative findings.

No recommendations for this finding

F10

The CBOC reports are not widely distributed to the taxpayers and are only posted on the MDUSD website.

Related Recommendations (1)

By December 31, 2025, the MDUSD should distribute CBOC annual reports electronically to taxpayers within the district via local governments, parent groups and civic organizations.

Agency Responses 1

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

Mt. Diablo Unified School District Board of Education

August 28, 2025 • 10 pages • 14 responses • Score: +2 (+7, 1, -5) View Details ▾

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14 responses to findings and recommendations

By the California Education Code, the Measure J CBOC is to be independent of MDUSD and represents and informs the taxpayers.

Response: Agree Score: +1

Agree. Pursuant to Education Code § 15278, on March 15, 2019, the Board 27 See MDUSD Board Agendas: 2018-19 Report, 9/8/21; 2019-20 Report, 9/8/21; 2020-21 Report, 9/14/22; 2021-22 Report, 9/27/23; and 2022-23 Report, 8/28/24. 28 The Report, page 4, erroneously concludes that the CBOC's role includes determining whether the District has "Complied with laws regarding school bond program management." This requirement is not in the Education Code. Page 8 of 10 passed Resolution # 18/19-49, establishing the Measure J Oversight Committee and approv...

Response: Will Not Implement

Score: -1

This recommendation will not be implemented because it is not warranted. Resolution No. 18/19-41 specifically held: "Section 3. Establishment of Oversight Committee. Pursuant to Proposition 39 and Section 15278 of the Education Code, the Board hereby establishes an Oversight Committee for the Proposition J Bonds. The Oversight Committee shall perform all of the duties imposed on it under Sections 15278 through 15282, inclusive, of the Education Code with respect to the Measure J Bonds." Thus, the Board of Education imparted to the Measure J CBOC all the duties the Education Code delineated. 2.

The CBOC does not prepare its own Bylaws which detail how the committee operates.

Response: Agree Score: +1

By December 31, 2025, the MDUSD should permit the Measure J CBOC to independently prepare, modify and approve the committee’s Bylaws.

Response: Unknown

Score: 0

Agree. On August 28, 2024, the Measure J CBOC presented its annual report for the 2022-23 fiscal year, which was critical of the District. Most significantly, the CBOC's criticism demonstrates the CBOC's independence. 10.

The MDUSD provides the CBOC Bylaws.

Response: Agree Score: +1

Agree. The Grand Jury found that the Education Code has not granted (is silent) the CBOC the ability to draft or change its own Bylaws. When the Education Code does not grant the independent oversight committee a power, then that power rests with the Board. See California Education Code §§ 35160 & 35161. The CBOC's authorized activities are outlined in Education Code §§ 15278(c) & 15280 and do not include drafting their own bylaws. Thus, in accordance with the requirement to establish a CBOC, the Board adopted Bylaws. 4.

By December 31, 2025, the MDUSD should provide assistance the CBOC has requested.

Response: Will Not Implement

Score: -1

This recommendation will not be implemented because it is not warranted. As outlined above, the District has provided the CBOC with all technical and administrative assistance as required by the Education Code. 4.

The CBOC cannot modify the Bylaws without MDUSD approval.

Response: Agree Score: +1

Agree. Education Code § 15278 provides that the Board appoints members of an independent oversight committee. In compliance with the Education Code § 15278, the Board appointed Measure J CBOC members. The CBOC cannot usurp the Board's authority to appoint its own members. 6.

By December 31, 2025, the MDUSD should include the CBOC in activities associated with screening, selection and approval of CBOC candidates for continuing and new members' positions.

Response: Will Not Implement

Score: -1

This recommendation will not be implemented because it is not warranted. As outlined above, the Education Code requires the Board of Education to appoint members to the oversight committee and the Board will continue to discharge this duty. 5.

The MDUSD reviews and appoints CBOC renewing and new members.

Response: Agree Score: +1

By December 31, 2025, the MDUSD should distribute CBOC annual reports electronically to taxpayers within the district via local governments, parent groups and civic organizations.

Response: Will Not Implement

Score: -1

This recommendation will not be implemented because it is not warranted. As outlined above, the District distributes the CBOC Annual Reports by posting them on its websites and by publication on the Board Agendas and in doing so, is in full compliance with the Education Code.

The MDUSD is required by the EDCODE to provide support to the CBOC.

Response: Disagree Partially Score: 0

Partially disagree. Education Code § 15280 states: "the governing board of the district shall, without expending bond funds, provide the citizens' oversight committee with any necessary technical assistance and shall provide administrative assistance." The District provides the CBOC with technical and administrative assistance. The Grand Jury is wrong that legal counsel is a form of technical or administrative assistance. Simply stated, MDUSD's support of the CBOC is not unlimited, especially given the budget and time limitations placed on school districts. 7.

The CBOC does not have an independent legal consultant.

Response: Agree Score: +1

Agree. As outlined above, the Education Code § 15280 does not provide that the citizens oversight committee be provided with legal assistance, only technical and administrative assistance. If the Legislature had wanted the CBOC to receive such assistance, then it would have directed the District to provide CBOC with technical assistance, administrative assistance and legal counsel. 8.

The CBOC is not independent as intended by Proposition 39.

Response: Disagree Score: -1

Disagree. The Measure J CBOC is independent and complies with all requirements of Education Code §§ 15278 - 15282. The Grand Jury's determination that the CBOC is not independent is not ground in the Education Code. The Education Code requires the Board to: 1) establish an independent oversight committee; 2) appoint members; and 3) provide technical and administrative assistance, which the Board has done. Id. The Education Code does not give the CBOC the power to: 1) draft its own bylaws; or 2) hire its own legal counsel. Id. In fact, the essence of the CBOC is for it to be a lay committee, wh...

The last annual report from CBOC presented negative findings.

Response: Agree Score: +1