Moderator and Presenter: Leigh Coop , Director of Facilities, Vacaville Unified School District

1. Citizens’ Oversight Committees Can Still Be Your Best FriendKeeping the Proposition 39 Faith:2005 CASH Annual ConferenceThursday, March 3, 2005; 9:00 – 11:00 a.m. • Moderator and Presenter:Leigh Coop, Director of Facilities,Vacaville Unified School District • Presenters: Jay Davison, AIA, President, Capital Program Management, Inc. • Ed Eusebio, Senior Director of Facilities, Dixon Unified School District

2. Topics of Conversation • Summary of Requirements of Proposition 39 Citizens’ Oversight Committees (COC’s) • Discussion Issues: • Role of the COC • Relationship of the COC and Your Board • Using the COC as Leverage • Using the COC as a PR ally • Reports and How they can help you • Other topics of interest

3. Legal References for COC • Education Code Section 15278 • Education Code Section 15280 • Education Code Section 15282

4. Proposition 39 Citizens’ Oversight Committee Requirements • Minimum of seven members – prescribed. • No District employees, vendors, contractor or consultant. • District must provide technical and administrative assistance. • District must maintain website. • Bond funds cannot be used. • Public meetings, subject to Brown Act. • Appointed within 60 days of election certification.

5. Education Code Section 15278: Role of the COC • Inform the public about expenditures • Actively review and report on expenditures • Advise the public as to whether the district is in compliance with Article XIIIA of the California Constitution

6. COC Purpose, con’t • “COC shall convene to provide oversight for, but not be limited to, (our emphasis) the following: • Expenditures are only for construction, reconstruction, rehabilitation or replacement of school facilities, including furniture and equipment, or the acquisition or lease of real property; • No funds are used for any teacher or administrative salaries or other school operating expenses.

7. COC Purposes, con’t • A list of projects to be funded was included on the ballot; • An annual independent performance audit is performed; and • An annual independent financial audit is performed.

8. What has happened to you? • COC has no clear idea of its role. • Board does not enforce role restrictions. • School district staff doesn’t make it clear. • Tenor of the campaign will dictate the role of the COC. • Local politics dictate an agenda or an assumption of incompetence at best or illegality at worst.

9. How have you handled it? • Vacaville USD: Training and orientation for new COC members • Review of Prop 39 • Information on School Construction Requirements • Information on formats of reports • Information on Change Orders and other “hot topics”

10. Dealing with the role question • Vacaville USD COC: One member wrote his own COC “Purpose and Implementation Plan.” (attached full size) • Matrix of staff duties: COC wanted to do “everything,” so staff responded with an example of “everything.” (attached full size)

11. Relationship between the COC and Your Board • Some Boards use COC’s as political cover. • Some Boards are openly hostile to their COC’s. • Some Boards will not comply with requests for information from their COC’s. • Some Boards use the COC’s pre-emptively in order to restore credibility to pass a bond. • How does YOUR Board use your COC?

12. Using your COC as Leverage • Negotiating fees with architects • Negotiating fees with consultants • Negotiating types of contracts with architects • Warnings about COC and public nature of the construction projects • How have you used your COC as leverage?

13. Using Your COC as Your PR Ally • Site Visits reinforce the “bricks and mortar” benefits to the students, parents, teachers and taxpayers. • COC Spokesperson can call local media regularly. • Changes in program can be intelligently agreed to and publicized in the community • Construction cost increases • Law changes, DSA requirements

14. Using the reporting requirements as your friend • Quarterly Report: Use your spokesperson and send out a press release or have him/her call the media. • Annual Report: Make sure to call local media.

15. Example of a project budgeting system

16. Reporting to the oversight committee • Be prepared to provide detailed backup for any summary reports • Encourage questions and provide prompt, accurate answers • Your goal is to build confidence in your truthfulness and competence

17. Using your Audit Reports • Use your district’s regular auditor for your financial audit (emphasize that there is no duplication of expenses). • Performance Audit: There are no clear criteria in the law. We emphasized that the cost of a more expensive audit would be taken out of construction.

18. Membership Issues • Staggering of Terms: How have you accomplished that and have you been able to turn it into a Plus for your program? • Quorum: If you cannot get a quorum, do you “lie low,” or try to make the COC and your program a visible issue in your community?

19. Other topics? Questions?

20. Contacts • Jay Davison, Capital Program Management, Inc. • (916) 553-4400; jay@capitalpm.com • Ed Eusebio, Dixon USD • (707) 678-5582; EEusebio@dixonusd.org • Leigh Coop, Vacaville USD • (707) 453-6139; leighc@vacavilleusd.org