Copyright© 2000 by School Services of California, Inc.

October 27, 2000

Strict Accountability Measures Will be
Imposed if Proposition 39 Passes

The Legislature and Governor approved legislation (AB 1908, Lempert, D-San Carlos), which will go into effect if Proposition 39 is approved by the voters on November 7, 2000. Proposition 39 proposes that local General Obligation Bonds for school construction be approved with 55 percent of the popular vote rather than the current two-thirds requirement.

To help promote the passage of Proposition 39, the Legislature and Governor supported AB 1908 which enacts the "Strict Accountability in Local School Bonds Act of 2000." The intent of the legislation is to provide the electorate with certainty that strict accountability measures will be imposed at the local level if the currently required two-third-passage rate is reduced to 55 percent.

Districts may choose to pursue a 2/3 vote under current law, or may instead attempt a 55% measure with new restrictions. Before seeking voter approval, local community college and K-12 governing boards must declare which (2/3 or 55%) and if 55% must adhere to the following requirements:

• There must be a two-thirds vote of the governing board in order to place a 55% bond before the voters
  
• A 55% bond election can only be held during regularly scheduled state and local elections and statewide special elections
  
• The governing board may not, regardless of the number of votes cast in favor of the bond, subsequently proceed exclusively under the code that governs bonds authorized by a two-thirds vote
  
• The total amount of bonds issued pursuant to 55% bonds shall not exceed 1.25% of the taxable property of the district and that tax rate shall not exceed $30 per $100,000 of taxable property
  
• A community college may not exceed a tax rate of $25 per $100,000 of taxable property
  
• The 55% ballot shall be printed with a statement that the board will appoint a Citizens Oversight Committee and conduct annual independent audits to assure that funds are spent only on school and classroom improvements and for no other purposes
  
• If the bonds are approved by the voters, the governing board of the community college district or K-12 school district shall establish and appoint members to the independent committee within 60 days of the date that the governing board enters the election results into its minutes
  
• The purpose of the Committee shall be to inform the public concerning the expenditure of bond revenues and serve as active guardians of the public trust in ensuring the prudent expenditure of taxpayers' money for school construction. The Committee shall ensure that no funds are used for any teacher or administrative salaries or other school operating expenses
  
• The governing board of the district shall, without expending bond funds, provide the Committee with technical assistance and shall provide administrative assistance in furtherance of its purpose and sufficient resources to publicize the conclusions of the Citizens' Oversight Committee
  
• All committee meetings must be open to the public and regular reports regarding their activities shall be issued, including an annual report
  
• The Committee shall consist of at least seven members to serve for a term of two years without compensation and for no more than two consecutive terms
  
• No employee or official of the district or vendor, contractor, or consultant of the district shall be appointed to the committee.

Clearly, if the electorate were fully informed of the provisions of AB 1908, the passage of Proposition 39 would be enhanced.

--Arnold Bray