Grand Jury Reports

V. FINDINGS AND RECOMMENDATIONS

Finding 1

There is little interaction and sharing of information between the CBOC and the Board of Trustees.

Recommendation 1

CBOC send a liaison member to the Board of Trustees meetings to get more current information as well as (and conversely) have the Board of Trustee member who is the liaison to the CBOC attend the CBOC meetings.

Finding 2

CBOC members have not participated in any form of orientation or training to explain their roles, duties, and responsibilities.

Recommendation 2

Members of the CBOC attend the CaLBOC training sessions held annually in Sacramento. The expense is minimal and should be borne by SCC. A presentation can be made at subsequent CBOC meeting for those members who were not able to attend. The information conveyed at the CaLBOC seminar regarding the roles, duties and responsibilities of the CBOC should also be presented at a Board of Trustees meeting.

Finding 3

The "Board" or the "Bond Team" creates the agenda for the CBOC meetings and control and run these meetings.

Recommendation 3

The CBOC create its own agenda for its meetings. The Board and/or the Bond Team would still be able to request items be put on the agenda at the discretion of the CBOC Chairperson. The CBOC Chairperson should also facilitate the flow of the meeting.

Finding 4

The Board of Trustees created and wrote the Bylaws of the CBOC and the CBOC was told those Bylaws could not be changed. [-8-]

Recommendation 4

CBOC Bylaws be re-evaluated and written by the CBOC itself to properly represent their functions, duties and responsibilities. The new Bylaws should then be presented to the Board of Trustees.

Finding 5

The mandated CBOC annual report to the Board of Trustees and to the public is developed by the company serving as Program Manager.

Recommendation 5

The CBOC annual report be developed and written by the CBOC members. The SCC Administration provide the proper clerical staff to finalize the report.

FINDINGS

F1. The WCCUSD school board appoints CBOC members who oversee it, which may make CBOC members feel beholden to WCCUSD board members, which may result in an inherent conflict of interest.

F2. CBOC membership is currently set at 19, which makes it difficult to reach a quorum or to get business done with so many voices to be heard at meetings.

F3. The School Board had added a discretionary category for a member of the Public Employees Union Local 1 on CBOC.

F4. WCCUSD did not agree to post CBOC's meeting materials on its website when requested to do so by CBOC.

F5. WCCUSD has complete control over CBOC's website.

F6. WCCUSD has denied CBOC's requests for access to CBOC's website and rejected CBOC's suggestions.

F7. WCCUSD has not always timely furnished financial reports to CBOC, allowing CBOC very little time for any thoughtful analysis.

F8. Financial reports provided by WCCUSD to CBOC are not always accurate and complete.

F9. WCCUSD and the School Board were not in compliance with law in refusing to support CBOC's requests for public posting of CBOC agendas and minutes on WCCUSD's website.

F10. WCCUSD has not consistently provided timely, adequate and independent training for new CBOC members. Recommended training manuals and pamphlets have not been furnished to CBOC members.

F11. CBOC had lacked a member who was active in a senior citizen's organization.

F12. The School Board has not always required an application before approving CBOC members.

[-16-]

RECOMMENDATIONS

R1. The School Board should eliminate the following six member positions from CBOC at the expiration of their terms, to eliminate any concerns about conflicts of interest.

· Five members, one recommended by each member of the Board of Education

· One member representing the Contra Costa Building and Construction Trades Council.

R2. The School Board should change the School Board discretionary category of "Public Employees Union Local 1" to that of an "at large" position from the general community in order to allow for a greater pool of qualified candidates to apply.

R3. The School Board should create an independent selection committee to select new nominees for CBOC, comprised of the CBOC Chair and a designated appointee from CBOC, two members from the Board of Education, and School Superintendent or designee, for a committee of five. Selection should be based on merit and be a transparent process to ensure public confidence in this vital selection process.

R4. WCCUSD should provide CBOC members with complete, detailed and comprehensive financial data relating to the expenditure of bond revenues and items put to vote on the board agenda at least 7 days in advance of the board meetings, in order to permit meaningful and effective review and oversight.

R5. WCCUSD should allow CBOC full access to the CBOC website.

R6. WCCUSD should not change or add items to CBOC's website without the permission of the CBOC chair.

R7. WCCUSD should provide CBOC with accurate, understandable and timely financial and non-financial reports concerning bond funded projects as well as other relevant information requested on the bond construction program at least monthly.

R8. WCCUSD should provide CBOC with a comprehensive master plan for the school construction projects within the next three months and as requested by CBOC.

R9. WCCUSD should provide timely and comprehensive training to all new CBOC members on a timely basis. The following training materials, at a minimum, should be provided to all new CBOC members within one week of their appointment:

(a) California League of Bond Oversight Committee recommended Best Practices

(b) San Diego County Taxpayers Association "Oversight Committee Best Practices" Guide

(c) California Coalition for Adequate School Housing "Proposition 39 - Best Practices Handbook"

(d) Little Hoover Commission 2009 Report "Bond Spending: Expanding and Contra Costa County [-17-] Enhancing Oversight"

(e) California League of Cities "A Guide to The Ralph M. Brown Act"

(f) State Controller's Office 2011 Audit Report on the Los Angeles Community College District's bond construction program

R10. The School Board should follow all of its policies.

R11. The School Board should ensure that the CBOC contains a member from each category required by California Education Code Section 15282.