Bylaws

The State Center Community College District (the "District") was successful at the election conducted on June 7, 2016 (the “2016 Election”), in obtaining authorization from the District's voters to issue up to $485,000,000 aggregate principal amount of the District's general obligation bonds (“Measure C”). The District was also successful at the election conducted on November 5, 2024 (the “2024 Election”, and together with the 2016 Election, the “Elections”), in obtaining authorization from the District's voters to issue up to $698,000,000 aggregate principal amount of the District's general obligation bonds (“Measure Q”). Measure C and Measure Q are hereinafter referred to as the “Measures”. The Elections were conducted under Proposition 39, being chaptered as the Strict Accountability in Local School Construction Bonds Act of 2000, at Section 15264 et seq. of the Education Code of the State (“Prop 39”). Pursuant to Section 15278 of the Education Code, the District is now obligated to establish an Independent Citizens’ Bond Oversight Committee for Measure Q in order to satisfy the accountability requirements of Prop 39. The Board of Trustees of the State Center Community College District (the “Board”) has established an Independent Citizens’ Bond Oversight Committee (the “Committee”) which shall have the duties and rights set forth in these Bylaws. The Committee does not have independent legal capacity from the District.

The purposes of the Committee are set forth in Prop 39, and these Bylaws are specifically made subject to the applicable provisions of Prop 39 as to the duties and rights of the Committee. The Committee shall be deemed to be subject to the Ralph M. Brown Public Meetings Act of the State of California and shall conduct its meetings in accordance with the provisions thereof. The District shall provide necessary administrative support to the Committee as shall be consistent with the Committee's purposes, as set forth in Prop 39.

The proceeds of general obligation bonds issued pursuant to the Elections are hereinafter referred to as "bond proceeds." The Committee shall confine itself specifically to bond proceeds generated under the Measures. Regular and scheduled maintenance projects and all monies generated under other sources shall fall outside the scope of the Committee’s review.

To carry out its stated purposes, the Committee shall perform the duties set forth in Sections 3.1, 3.2 and 3.3 and shall refrain from those activities set forth in Sections 3.4 and 3.5:

3.1 Inform the Public. The Committee shall inform the public concerning the District’s expenditure of bond proceeds. In fulfilling this duty, all official communications to either the Board or the public shall come from the Chair acting on behalf of the Committee. The Chair shall only release information that reflects the majority view of the Committee.

3.2 Review Expenditures. The Committee shall review expenditure reports produced by the District to ensure that (a) bond proceeds were expended only for the purposes set forth in in the respective Measures; and (b) no bond proceeds were used for any inappropriate teacher or administrative salaries or other operating expenses, in accordance with Attorney General Opinion 04-110 issued on November 9, 2004.

3.3 Annual Report. The Committee shall present to the Board, in public session, an annual written report which shall include the following:

• (a) A statement indicating whether the District is in compliance with the requirements of Article XIIIA, Section 1(b)(3) of the California Constitution; and
• (b) A summary of the Committee's proceedings and activities for the preceding year.

3.4 Duties of the Board or Chancellor. Either the Board or the Chancellor, as the Board shall determine, shall have the following powers reserved to it, and the Committee shall have no jurisdiction over the following types of activities:

• (a) Approval of construction contracts;
• (b) Approval of construction change orders;
• (c) Appropriation of construction funds;
• (d) Handling of all legal matters;
• (e) Approval of construction plans and schedules;
• (f) Approval of scheduled maintenance plans, and
• (g) Approval of the sale of bonds.

3.5 Measure E and Measure C Projects Only. In recognition of the fact that the Committee is charged with overseeing the expenditure of bond proceeds, the Board has not charged the Committee with responsibility for:

• (a) Projects financed through the State of California, developer fees, redevelopment tax increment, certificates of participation, lease/revenue bonds, the general fund or the sale of surplus property without bond proceeds shall be outside the authority of the Committee.
• (b) The establishment of priorities and order of construction for the bond projects shall be made by the Board or the Chancellor.
• (c) The selection of architects, engineers, soils engineers, construction managers, project managers, CEQA consultants and such other professional service firms as are required to complete the project based on District criteria established by the Board or the Chancellor.
• (d) The approval of the design for each project including exterior materials, paint color, interior finishes, site plan and construction methods (modular vs. permanent) by the Board or the Chancellor and shall report to the Committee on any cost saving techniques considered or adopted by the Board.
• (e) The selection of independent audit firm(s), performance audit consultants and such other consultants as are necessary to support the activities of the Committee.
• (f) The approval of an annual budget for the Committee that is sufficient to carry out the activities set forth in Prop 39 and included herein.
• (g) The appointment or reappointment of qualified applicants to serve on the Committee.

4.1 In order to perform the duties set forth in Section 3.0, the Committee may engage in the following authorized activities:

• (a) Receive copies of the District's annual independent performance audit and annual independent financial audit, required by Prop. 39 (Article XIIIA of the California Constitution) (together, the “Audits”) at the same time said Audits are submitted to the District, and review the Audits.
• (b) Inspect District facilities and grounds for which bond proceeds have been or will be expended, in accordance with any access procedure established by the District's Chancellor.
• (c) Review copies of scheduled maintenance proposals or plans developed by the District.
• (d) Review efforts by the District to maximize bond proceeds by implementing various cost-saving measures.
• (e) Receive from the Board, within three months of the District receiving the Audits, responses to any and all findings, recommendations, and concerns addressed in the Audits, and review said responses.

5.1 Number.
The Committee shall consist of a minimum of nine (9) 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) student enrolled and active in a community college support group, such as student government.
• 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.
• One (1) member active in a support organization for the District, such as a foundation.
• Three (3) members of the community at-large.
• One (1) member who shall be retired District faculty member from the State Center Federation of Teachers (SCFT) and that meets the requirements of Section 5.2(ii).

5.2 Qualification Standards.

• (a) To be a qualified person, the member must be at least 18 years of age.
• (b) The Committee may not include any employee, official of the District or any vendor, contractor or consultant of the District.

5.3 Ethics: Conflicts of Interest. Members of the Committee are not subject to Articles 4 (commencing with Section 1090) and 4.7 (commencing with Section 1125) of Division 4 of Title 1 of the Government Code and the Political Reform Act (Gov. Code §§ 81000 et seq.), and are not required to complete the Form 700. However, each member shall comply with the Committee Ethics Policy attached as “Attachment A” to these Second Amended and Restated Bylaws.

5.4 Term. Except as otherwise provided herein, each member shall serve a term of two (2) years, commencing as of the later of the date of appointment by the Board or the date at which the Second Amended and Restated Bylaws are approved by the Board. No member may serve more than three (3) consecutive terms. At the Committee’s first meeting, members may draw lots to select a minimum of two members to serve for an initial one (1) year term and the remaining members for an initial two (2) year term. Members whose term has expired may continue to serve on the Committee until a successor has been appointed.

5.5 Appointment. Members of the Committee shall be appointed by the Board through the following process: (a) the District shall advertise for members in accordance with its customary practices, including through local newspapers and the District website, as well as soliciting appropriate local groups for applications; (b) the Chancellor or his or her designee will review the applications; and (d) the Chancellor or his or her designee will make recommendations to the Board.

Notwithstanding the foregoing, Members of the Measure C Citizens’ Bond Oversight Committee (“Prior Committee”) may be appointed by the Board of Trustees of the District to the Committee and may serve for the terms set forth above, regardless of their period of service on the Prior Committee.

5.6 Removal; Vacancy. The Board may remove any Committee member for cause, including failure to attend two consecutive Committee meetings without reasonable excuse or for failure to comply with the Committee Ethics Policy. Upon a member's removal, his or her seat shall be declared vacant. The Board, in accordance with the established appointment process shall fill any vacancies on the Committee. The District shall seek to fill vacancies within 90 days.

5.7 Compensation. The Committee members shall not be compensated for their services.

5.8 Authority of Members. (a) Committee members shall not have the authority to direct staff of the District, (b) individual members of the Committee retain the right to address the Board, either on behalf of the Committee or as an individual; (c) the Committee shall not establish subcommittees for any purpose, and (d) the Committee and its members shall have the right to request and receive only copies of reports and records relating to Measure C projects which have been prepared for the Board and which have become a public record.

6.1 Regular Meetings. The Committee is required to meet at least once a year including an annual organizational meeting and may schedule such additional regular meetings as are necessary. A special meeting may be called at any time by the committee chairperson in order to conduct business that was not completed, or cannot wait until a regularly scheduled quarterly meeting.

6.2 Location. All meetings shall be held within the jurisdiction of the State Center Community College District, located in Fresno, Kings, Madera and Tulare Counties, California.

6.3 Procedures. All meetings shall be open to the public in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq. Meetings shall be conducted according to such additional procedural rules as the Committee may adopt. A majority of the number of Committee members shall constitute a quorum for the transaction of any business.

7.1 The District shall provide to the Committee necessary technical and administrative assistance as follows:

• (a) preparation of and posting of public notices as required by the Brown Act, ensuring that all notices to the public are provided in the same manner as notices regarding meetings of the District Board;
• (b) provision of a meeting room, including any necessary audio/visual equipment;
• (c) preparation and copies of any documentary meeting materials, such as agendas and reports; and
• (d) retention of all Committee records, and providing public access to such records on an Internet website maintained by the District.

7.2 District staff and/or District consultants shall attend all Committee proceedings in order to report on the status of projects and the expenditures of bond proceeds.

In addition to the Annual Report required in Section 3.3, the Committee may report to the Board from time to time in order to advise the Board on the activities of the Committee. Such report shall be in writing and shall summarize the proceedings and activities conducted by the Committee.

The Chancellor shall appoint the initial Chair of the Committee to serve for one year as Chair. Thereafter, the Committee shall elect the Chair and a Vice-Chair who shall act as Chair only when the Chair is absent.

Any amendment to these Bylaws shall be approved by a majority vote of the Board.

The Committee shall automatically terminate and disband concurrently with the Committee’s submission of its final Annual Report which reflects the final accounting of the expenditure of all of the proceeds of Measure C and Measure Q.