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This training is provided for educational, compliance and loss-prevention purposes only and, absent the express, prior agreement of DWK, does not create or establish an attorney-client relationship. The training is not itself intended to convey or constitute legal advice for particular issues or circumstances. Contact a DWK attorney for answers to specific questions. © 2014 Dannis Woliver Kelley Santa Rosa City Schools Meredith Johnson, Bond Counsel School District Bonds and Citizens' Oversight Committees
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© 2014 Dannis Woliver Kelley 2 General Obligation Bonds Assessed Value $$$ x 1% = Regular Property Taxes x.00?? = Debt Service on Bonds
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© 2014 Dannis Woliver Kelley 3 Historical Framework 1856-1978Cal. Const. Permits Bonds with 2/3 Approval 1978-1986Only Issues Authorized Prior to Nov. 1978 1986-2000Back to 2/3 Approval (Prop. 46) 2000-PresentAdditional 55% Authorization for Schools & CCD’s Only (Prop. 39)
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© 2014 Dannis Woliver Kelley 4 Small Co. Small Co. General Electric General ElectricDistricts Federal Gov’t Federal Gov’t Bill Gates Bill Gates Costs of Borrowing Your Credit Card Your Car Loan Your Mortgage Your Mortgage $
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© 2014 Dannis Woliver Kelley 5 Procedural Steps District Calls Election Voters Pass at 2/3 or 55% District Appoints C.O.C. Issue Series A Bonds Prioritize and Build Projects C.O.C. Reports to Taxpayers
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© 2014 Dannis Woliver Kelley 6 Campaign Promises Max Tax Rate Described Projects Priorities Citizen Oversight
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© 2014 Dannis Woliver Kelley 7 Bond Proceeds are Segregated in Special Building Fund with County Treasurer
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© 2014 Dannis Woliver Kelley 8 Bond Proceeds May be Spent Only: On Qualified (Approved) Projects and NOT on SalariesOn Qualified (Approved) Projects and NOT on Salaries § 15278(b) But see A.G. Opin. 04-110
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© 2014 Dannis Woliver Kelley 9 Citizens’ Oversight Committee (Ed. Code Sections 15278-82) 60 days after Election CERTIFIED Minimum 7 Members, WITH ONE EACH: ─ Senior Citizen ─ Taxpayer Ass’n Representative ─ Local Business Representative ─ PTA Member (Foundation for CCD) ─ Parent of Student (Enrolled Student for CCD)
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© 2014 Dannis Woliver Kelley 10 Citizens’ Oversight Committee Brown Act Annual Report Oversight & Comment Only; No Control Over Bond Proceeds/Projects
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© 2014 Dannis Woliver Kelley 11 Conflicts of Interest COC may not include as Members: ─ Employees of the District ─ Vendors of the District ─ Contractors of the District Members’ immediate family should also be independent
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© 2014 Dannis Woliver Kelley 12 Purpose of Committee “To inform the public concerning expenditure of bond revenues.” § 15278, Ed. Code
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© 2014 Dannis Woliver Kelley 13 How to “Inform Public?” 1.Understand Project List 2.Get Data from District re: Construction 3.Ask Questions 4.Discuss, Agree at Committee 5.Report
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© 2014 Dannis Woliver Kelley 14
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© 2014 Dannis Woliver Kelley 15
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© 2014 Dannis Woliver Kelley 16 Committee Will Be Supported Administratively by District (But Not With Bond Proceeds)
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© 2014 Dannis Woliver Kelley 17 Receive and Review Annual Independent Performance Audit Annual Independent Financial Audit §15278(c)(1)(2)
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© 2014 Dannis Woliver Kelley 18 Inspect District Facilities and Grounds Where Bond Proceeds Are Being Spent § 15278(c)(3)
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© 2014 Dannis Woliver Kelley 19 Receive and Review Deferred Maintenance Plans §15278(c)(4)
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© 2014 Dannis Woliver Kelley 20 Review District Efforts to Implement Cost Efficiency §15278(c)(5)
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© 2014 Dannis Woliver Kelley 21 The Brown Act Government Code Section 54950 et seq. Aka: The Sunshine Law Or The Open Meetings Law REQUIRES THE PEOPLES’ BUSINESS TO BE CONDUCTED IN THE OPEN
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© 2014 Dannis Woliver Kelley 22 Basic Requirements Posting of 72 Hour Notice Agendas Public Access Right of Citizens to Speak
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© 2014 Dannis Woliver Kelley 23 Basic Requirements (cont.) Limit on Closed Sessions (None for C.O.C.’s) No Secret Meetings No Action on Items not on Agenda Materials Considered at Meetings Must be Made Available to Public
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© 2014 Dannis Woliver Kelley 24 Violations of the Brown Act can lead to criminal charges
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© 2014 Dannis Woliver Kelley 25 Questions???
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