Contra Costa County Grand Jury • 2011-2012

School Bond Oversight Committees - Raising The Bar*

Published: August 03, 2012 60 pages
Ver PDF original

Findings and Recommendations 16 findings

F1
The Grand Jury commends the many citizens who serve on bond oversight committees and devote considerable time and effort to the task, without any compensation. Response We agree with this finding and support the commendation as fourteen citizens of our county have served on the District's Bond Oversight Committee since it was formed in 2002.
Related Recommendations (1)
R1
A district's ballot language should inform voters of all intended uses of bond funds, the specific projects to be undertaken, the schools where the projects will be undertaken, the district's initial priorities, and a realistic estimate of project costs. Response 1 Measure E was passed four years prior to the Grand Jury's report May 21, 2012. However, the ballot language was consistent with Recommendation 1 of the Grand Jury report. In future bond elections the District will continue the practice of Recommendation 1.
F2
Ballot language that is overly general in identifying specific projects, and fails to indicate priorities and at least a realistic estimate of project costs, impedes meaningful and effective oversight and accountability. Response 2 The District disagrees. The Measure E ballot language included the Governing Board approved master plan of July 21, 2008, which detailed each of the projects. The Measure E Citizens' Oversight Committee was provided with a copy of master plan, which includes cost estimates for each project.
Related Recommendations (1)
R2
A district should disclose and explain in the ballot language if, and in what ways, bond funds will be used to provide General Fund relief for the district. Response 2 Measure E was passed four years prior to the Grand Jury's report May 21, 2012, and did not provide general fund relief. In future bond elections the District will implement Recommendation 2.
F3
Bond proceeds are sometimes used to provide General Fund relief in various ways, which even if lawful, may not have always been fully disclosed to voters in the ballot language. Response 3 The District disagrees. The ballot language included the Governing Board approved master plan of July 12, 2008, which did not include providing General Fund relief. The Measure E Citizens' Oversight Committee was provided with a copy of the master plan and uses it to verify expenditures that do not include General Fund relief.
Related Recommendations (1)
R3
In recruiting candidates for appointment to oversight committees, a district should seek nominations from the groups required to be represented on the committee by Education Code Section 15282(a). Response 3 Prior to the Grand Jury report this has been the past practice of the Governing Boards. The Governing Board will continue to practice Recommendation 3.
F4
District boards have an inherent conflict of interest in selecting, and in some cases, having the power to remove with or without cause, the members of the oversight committee who are required to oversee the district's spending of bond funds. Response 4 The District disagrees. The Governing Board is very open and transparent to the selection process of the oversight committee and has never removed a member.
Related Recommendations (1)
R4
A district should consider ways to recruit independent, qualified and motivated applicants from the community, including announcements in local media, district newsletters, solicitations to local civic and professional groups, and mailing postcards to residents to solicit applications when the ballot materials are mailed. Response 4 Prior to the Grand Jury report the District already implemented a process to recruit qualified and motivated individuals for the oversight committee. The District will continue to practice Recommendation 4.
F5
Districts do not consistently reach out to the legally-mandated organizations, to local professional associations, community groups, or to district residents generally, to seek independent, qualified and motivated nominees for their bond oversight committees. Response 5 The District disagrees. The oversight bylaws states, "The Committee shall consist of at least 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) member shall be the parent or guardian of a child enrolled in the District. One (1) member shall be both a parent or guardian of a child enrolled in the District and active in a parent-teacher organization, such as the P.T.A. or a school site council. One (1) member active in a business organization representing the business community located in the District. One (1) member active in a senior citizens' organization. • One (1) member active in a bona-fide taxpayers association. Two (2) members of the community at-large." Through the Governing Board's application process, the Measure E Citizens' Oversight Committee is composed of nine members that meet the criteria established by Prop 39.
Related Recommendations (1)
R5
A district should require all candidates for bond oversight committees to submit written applications listing their background, qualifications, a statement of interest, and disclosure of any prior employment by, or prior involvement or business relationship with, the district. Response 5 Prior to the Grand Jury report the District already required potential bond oversight committee members to submit written applications listing their background, qualifications, a statement of interest, and disclosure of any prior employment by, or prior involvement or business relationship with the District. The District will continue to practice
F6
There does not always appear to be a consistent and transparent process for interested persons to be nominated, apply for, and be appointed to membership on oversight committees, or disclosure of any previous employment by, or other prior involvement or business relationship with, the district. Response 6 The District disagrees. Once the application is circulated and has been responded to by interested candidates, a sub- committee of the Governing Board reviews the applications and works hard to assure that each of the criteria established is accomplished. In addition, the sub-committee works to assure balance that each of the four communities within the District is represented.
Related Recommendations (1)
R6
A district should make available to committee members, for their consideration in creating committee bylaws and operating procedures, copies of: California League of Bond Oversight Committee recommended Best Practices San Diego County Taxpayers Association "Oversight Committee Best Practices" guide • California Coalition for Adequate School Housing "Proposition 39 – Best Practices Handbook" Little Hoover Commission 2009 Report "Bond Spending: Expanding and Enhancing Oversight" California League of Cities "A Guide to the Ralph M. Brown Act" State Controller's Office 2011 Audit Report on the Los Angeles Community College District's bond • construction program Response This recommendation has not yet been implemented, but will be implemented in the future. All materials referenced in the report will be made available to Bond Oversight Committee members for review by no later than January 1, 2013.
F7
Districts do not consistently provide timely, adequate and independent training or resource materials for members of their bond oversight committees that explain their role, duties and functions, or provide training in the skills needed to analyze the kinds of financial data that bond oversight committee members are asked to review. Response 7 The District partially disagrees. All committee members are provided a binder with materials related to the bond measure including but not limited to the master plan, the ballot measure, the bylaws and the Brown Act. A formal training is conducted on the role of the committee and the Brown Act.
Related Recommendations (1)
R7
A district should ensure that websites for their oversight committees are prominently displayed on their homepages, are easily navigable, and include current and complete postings of all required items. Response 7 Prior to the Grand Jury report the District moved its Measure E Website postings to the Governing Board's web-based program BoardDocs, which is easily navigable, in January 2012. The District will continue to post its Measure E materials on BoardDocs.
F8
Although all oversight committees have bylaws, they do not appear to include or take into account "best practices" recommended by independent groups. Response 8 The District disagrees. Although the bylaws do not explicitly account for "best practices," nor are they required to, the members of the committee bring a lot professional experience to their quarterly meetings that translate into best practices while they contemplate the Measure E projects and expenditures. Furthermore, the District employs best practices on implementing the voter approved bond projects.
Related Recommendations (1)
R8
A district should provide oversight committees with complete, detailed and comprehensive financial data relating to the expenditure of bond revenues, showing the amount of funds originally budgeted and allocated for each project, amounts expended to date and amount committed to each project, percentage completion of each project, and all approved or anticipated change orders. Response 8 Prior to the Grand Jury report the District has always provided the Measure E Citizens' Oversight Committee detailed financial reports. The District will continue to practice Recommendation 8.
F9
The public websites required to be maintained by districts for their bond oversight committees are not always easily located or navigable. Response 9 The District disagrees. The Measure E Citizens' Oversight Committee's agendas, minutes, reports and other related materials are posted on the Governing Board's web-based program, BoardDocs. The Governing Board has used BoardDocs for over six years to communicate to the public in an open and transparent manner all of its business including the bond oversight committee. There have been no complaints from the public relative to location or navigation of the Measure E bond oversight.
Related Recommendations (1)
R9
A district should provide financial data and reports to committee members sufficiently prior to meetings to permit meaningful and effective review and oversight. Response 9 Prior to the Grand Jury report the District has always provided the Measure Citizens' Oversight Committee with the financial data at least 72 hours before their meeting. The District will continue to practice Recommendation 9.
F10
The websites required to be maintained by districts for their bond oversight committees are not always timely or complete in posting agenda materials, minutes, reports and other required items. Response 10 The District disagrees. Pursuant to the Brown Act the Measure E Citizens' Bond Oversight Committee receives their agenda materials, minutes, reports and other required items at least 72 hours in advance of their meetings, as well as, being posted on BoardDocs.
Related Recommendations (1)
R10
A district should afford their bond oversight committees an opportunity to provide input in defining the scope and content of the required annual performance audit. Response 10 The recommendation has not been implemented, but will be, prior to the 2011-2012 performance audit.
F11
Financial reports furnished to oversight committees by the districts are not always complete and comprehensive enough to allow meaningful and effective review and oversight. Response 11 The District disagrees. The Measure E Oversight Citizens' Committee requests and receives the original and revised budgets, a statement of revenues & expenditures and a balance sheet on a quarterly basis.
Related Recommendations (1)
R11
The district's annual independent performance audits should be detailed and comprehensive enough in scope, including a review of procurement practices, to allow the committee to identify waste and to evaluate the cost- effectiveness of the district's construction and facilities improvement program. AUHSD Response to Grand Jury Report 1208 4.1 Response 11 Prior to the Grand Jury report the District's annual performance audit complied with the California State Constitution Article XIII A, 1(b) (3) (C), "A requirement that the school district board, community college board, or county office of education conduct an annual, independent performance audit to ensure that the funds have been expended only on the specific projects listed." The District will continue comply with the California State Constitution.
F12
Financial data and reports are not always furnished to oversight committees early enough to allow time for thorough review prior to meetings. Response 12 The District disagrees. The Measure E Citizens' Oversight Committee receives all of their financial reports at least 72 hours prior to their scheduled quarterly meetings.
Related Recommendations (1)
R12
A district should request that its oversight committees issue timely, comprehensive and informative reports, which should be posted on the district's website, along with a final, closing report when the bonds funds have been spent and the committee's work completed. Response 12 Prior to the Grand Jury report the Measure E Citizens Oversight Committee reports were issued in a timely and comprehensive manner. The committee will continue to practice Recommendation 12. AUHSD Response to Grand Jury Report 1208 Office of the Associate Superintendent Of Business and Operations Tim Forrester ANTIOCH UNIFIED SCHOOL DISTRICT Preparing Students for Success in College, Career, and Life August 1, 2012 Lloyd Bell, Foreperson Court Street P. O. Box 911 Martinez, CA 94553 Comments on 2011-2012 Contra Costa Grand Jury Report No. 1208, "School Bond Re: Oversight Committees, Raising the Bar" Findings and Recommendations Dear Foreperson Bell: We are pleased to respond to your general findings on School Bond Oversight Committees. Although not specific to Antioch Unified School District, we respond to your findings and recommendations below. Pursuant to California Penal Code sections 933 and 933.05, the Governing Board of the Antioch Unified School District files this comment with regard to the 2011-2012 Contra Costa County Grand Jury Report #1208 Findings and Recommendations.
F13
Districts do not typically afford their oversight committees an opportunity to provide input into defining the scope and content of the district's required annual performance audit. Response 13 District agrees. Specifically the District advises the Measure E Citizens' Oversight Committee that pursuant to the California State Constitution Article XIII A, 1(b) (3) (C), "A requirement that the school district board, community college board, or county office of education conduct an annual, independent performance audit to ensure that the funds have been expended only on the specific projects listed."
Related Recommendations (1)
R13
Districts do not typically afford their oversight committees an opportunity to provide input into defining the scope and content of the district's required annual performance audit. (3) Partially Disagree – Given that we have not yet had an opportunity to perform our first required annual performance audit, we do not agree with this finding. As we plan this activity we will solicit the Committee for their suggestions.
F14
The performance audits provided by some districts to their oversight committees are so limited in scope and conclusory as to prevent meaningful and effective oversight. Response 14 The District disagrees. Pursuant to the California State Constitution Article XIII A, 1(b) (3) (C), “A requirement that the school district board, community college board, or county office of education conduct an annual, independent performance audit to ensure that the funds have been expended only on the specific projects listed." The annual Measure E performance audit is in compliance with the state constitution.
Related Recommendations (1)
R14
The performance audits provided by some districts to their oversight committees are so limited in scope and conclusory as to prevent meaningful and effective oversight. • (3) Partially Disagree – Given that we have not yet had an opportunity to perform our first required annual performance audit, we do not agree with this finding. As we plan this activity we will strive to provide a meaningful report to the Committee that allows them to fulfill their charge.
F15
The annual reports required to be issued by bond oversight committees are not always timely, and vary significantly in their style, scope and content. Response 15 The District disagrees. The Measure E Citizens' Oversight Committee presents their written annual report to the Governing Board by the end of the third quarter of the fiscal year for the prior year fiscal year activity. This is determined by the timing of the issuance of financial and performance audits that are received by the oversight committee at their quarterly January meeting after the close of the fiscal year. Their report is in compliance with the bylaws.
Related Recommendations (1)
R15
The annual reports required to be issued by bond oversight committees are not always timely, and vary significantly in their style, scope and content. (3) Partially Disagree – Given that we have not yet had an opportunity to perform our first required annual performance audit, we do not agree with this finding. As we plan this activity we will make an effort to schedule its completion in a timely fashion so as to make its findings meaningful to the Committee and thus the community.
F16
Although not legally required for parcel taxes, some districts have provided voters with detailed project lists in the ballot materials, and then appointed oversight committees to oversee the district's use of these funds. The Grand Jury commends and endorses this practice as promoting voter transparency and fiscal accountability. Response 16 The District agrees. The District has two parcel taxes that include an oversight committee.
Related Recommendations (1)
R16
Although not legally required for parcel taxes, some districts have provided voters with detailed project lists in the ballot materials, and then appointed oversight committees to oversee the district's use of these funds. The Grand Jury commends and endorses this practice as promoting voter transparency and fiscal accountability. (1) Agree As required by Section 933.05(b) of the California Government Code, below are the responses to each Grand Jury recommendation. As prescribed in the aforementioned code and reiterated in the Grand Jury memo dated May 21, 2012 the responses will be selected from one of the following options:

Commendations 1

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.