General Obligation Bonds

MJUSD

SECTION 7000
FACILITIES
ADMINISTRATIVE REGULATION

GENERAL OBLIGATION BONDS

Election Notice

The Superintendent or designee shall ensure that election notice and ballot requirements are satisfied in accordance with law.

Certification of Results

If it appears that the appropriate majority of the voters are in favor of issuing the bonds, the Governing Board shall cause an entry of that fact in the minutes. The Board shall then certify to the board of supervisors of the county whose superintendent of schools has jurisdiction over the District all proceedings had in the premises. (Education Code 15124, 15274)

Resolution Requesting Sale of Bonds

Following passage of the bond measure, the Board shall pass a resolution to the county board of supervisors to issue the sale of the bonds in accordance with law. (Education Code 15140)

Citizens Oversight Committee

If a district general obligation bond requiring a 55% majority is approved by the voters, the Board shall appoint an independent citizens advisory oversight committee. This committee shall be appointed within sixty (60) days of the date that the Board enter the election results in its minutes pursuant to Education Code 15274. (Education Code 15278)

The citizens oversight committee shall consist of at least seven (7) members including but not limited to: (Education Code 15282)

  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 a parent/guardian of a child enrolled in the District; and
  5. one member who is a parent/guardian of a child enrolled in the District and is active in a parent-teacher organization, such as the Parent Teacher Association or school site council.

No employee, official, vendor, contractor or consultant of the District shall be appointed to the citizens oversight committee. (Education Code 15282)

Members of the citizens oversight committee shall serve for a term of two (2) years without compensation and for no more than two (2) consecutive terms. (Education Code 15282)

The purpose of the citizens oversight committee shall be to inform the public concerning the expenditure of bond revenues. The committee shall actively review and report on the proper expenditure of taxpayers’ money for school construction and shall convene to provide oversight for, but not limited to, the following: (Education Code 15278)

  1. ensuring that bond revenues are expended only for the purposes described in Article 13A, Section 1(b)(3) of the California Constitution including 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; and
  2. ensuring that, as prohibited by Article 13A, Section 1(b)(3)(A) of the California Constitution, no funds are used for any teacher and administrative salaries and other school operating expenses.

In furtherance of its purpose, the committee may engage in any of the following activities: (Education Code 15278)

  1. receiving and reviewing copies of the annual, independent performance audit required by Article 13A, Section 1(b)(3)(C) of the California Constitution;
  2. receiving and reviewing copies of the annual, independent financial audit required by Article 13A, Section 1(b)(3)(D) of the California Constitution;
  3. inspecting school facilities and grounds to ensure that bond revenues are expended in compliance with the requirements Article 13(A), Section 1(b)(3) of the California Constitution;
  4. receiving and reviewing copies of any deferred maintenance proposals or plans developed by the district, including any reports required by Education Code 17584.1; or
  5. reviewing efforts by the district to maximize bond revenues by implementing cost-saving measures including, but not limited to, the following: (a) mechanisms designed to reduce the costs of professional fees; (b) mechanisms designed to reduce the costs of site preparation; (c) recommendations regarding the joint use of core facilities; (d) mechanisms designed to reduce costs by incorporating efficiencies in school site design; and (e) recommendations regarding the use of cost-effective and efficient reusable facility plans.

The Board shall, without expending bond funds, provide the citizens oversight committee with any necessary technical assistance and shall provide administrative assistance in furtherance of its purpose and sufficient resources to publicize the committee’s conclusions. (Education Code 15280)

All oversight committee proceedings shall be open to the public and noticed in the same manner as proceedings of the Board. (Education Code 15280)

The oversight committee shall issue regular reports, at least once a year, on the results of its activities. Minutes of the proceedings and all documents received and reports issued shall be a matter of public record and shall be made available on the District’s Internet web site. (Education Code 15280)

Members of the oversight committee shall be subject to prohibitions regarding incompatibility of office pursuant to Government Code 1125-1129 and financial interest in contracts pursuant to Government Code 1090-1098. (Education Code 15282)

Reports

Within thirty (30) days after the end of each fiscal year, the Board shall submit to the County Superintendent of Schools a report concerning any bond election(s) containing the following information: (Education Code 15111)

  1. the total amount of the bond issue, bonded indebtedness or other indebtedness involved;
  2. the percentage of registered electors who voted at the election; and
  3. the results of the election, with the percentage of votes cast for and against the proposition.
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