Bonds and Construction > Measure F > Minutes

Citizens' Bond Oversight Committee
Minutes
(Approved)
July 1, 2002
5:00 p.m. - 9:00 p.m.
Room 129
855 Lenzen Avenue
San Jose, CA  95126

1.         Call to Order

            The meeting was called to order at 5:05 pm by Interim Chair Charles Tate.

            CBOC Members Present:                      CBOC Members Absent:

Martin Cohen                                            Liza Ferrias          

Todd Elliott                                                Ernest Guzman

Jill Escher

Dave Fadness

Dave Ferguson

Allen Rice

Fred Schorr

Helen Solinski

C.C. Su

Charles Tate

Greg West

            Board Representatives:

Veronica Lewis

Carol Myers

Gary Rummelhoff

            Staff Representatives:

Jerry Matranga, SJUSD

Chuck Corr, SJUSD

John Cimino, SJUSD

Ty Williams, SJUSD

Debbie Doty, SJUSD

            Others:

Janet Mueller, Miller Brown & Dannis

Steve Wincor, Measure C BOC

2.         Public Input

Tom Myers requested that the exact language presented in the original published ballot measure, both the summary and full text, be provided before the next the next CBOC meeting.

Gerald Norve distributed 3 documents:  1)  A hard copy of the list of Measure C Bond Oversight Committee Members as presented on the District's web site, 2)  a letter written by himself under the auspices of the Almaden Valley Taxpayers Association , and 3) a Dilbert cartoon.

3.         Organizational Items

            A.        Rules of Order

                        A motion was made to use Robert's Rules Of Order as the basis for the conduct of meetings.

                        Motion carried.

            B.        Approval of Minutes of the June 3, 2002 Meeting

A motion was made to accept the longer version of the June 3, 2002 minutes with the addition of the following caveat, as provided by Allen Rice: "Note:  Following are summaries of briefings given by named individuals.  The Committee took no position on these briefings."  Said caveat is to be placed between Point 1 and Point 2.  Motion carried.   

C.        Officer Elections

A motion was made to annually elect a Chairperson and a Vice Chairperson.  Motion carried.

Charles Tate was nominated and elected to the position of Committee Chairperson and Dave Fadness was nominated and elected to the position of Committee Vice Chairperson.  The duration of officer positions is open to review by the Committee's Code of Conduct and a by consensus of the Committee members. 

A motion was made to allow the Chairperson to appoint a Parliamentarian.  Motion carried.  Mr. Tate appointed Allen Rice to serve in the capacity of Parliamentarian.  Mr. Rice accepted.

D.        Committee Member Liability

A letter from Matt Gowan, Assistant Vice President, Driver-Alliant Insurance Services, was provided to Committee members addressing liability insurance coverage Exhibit A. A motion was made to direct the District to provide an answer, yes or no, to the question of "Will the District provide coverage for Committee members for all legal actions and any costs associated with these?"  Motion carried. 

An additional motion was made to approach the School Board to inquire if they are willing to provide legal counsel for Committee members, with the caveat that all legal questions be approved first before being submitted to counsel.  Motion carried. 

E.        Frequency of Meetings

Mr. Fadness requested that the Committee meet more frequently than quarterly.  Mr. Rice moved to table the topic to later in the meeting, and to reorder the agenda placing the discussion of Frequency of Meetings after Project Lists and Cost Estimates.  Motion carried.

4.         Operations

A.        Measure C Experiences

Steve Wincor, Chairperson of the Measure C Bond Oversight Committee, distributed a handout of Lessons Learned during the course of Measure C Exhibit B. 

B.        Article 13 A and Related Laws /  Brown Act Overview

Janet Mueller distributed a handout to Committee Members addressing Brown Act Basics Exhibit C. 

Jerry Matranga stated that the District will assume the responsibility for CBOC meeting notification and distribution of minutes.  Mr. Fadness asked that there be an identifiable place on the District's web site for CBOC meeting agendas.  Mr. Tate requested that before the next CBOC meeting, the District provide all Committee members with written information about the Brown Act.    

C.        Code of Conduct Subcommittee

Members discussed the need to establish not only a Code of Conduct, but to establish Bylaws as well.  There was also a discussion concerning the need for different types of subcommittees for such duties as Community Outreach, Reports, School District processes, and School Board Liaison.  A motion was made to establish a Code of Conduct Subcommittee to focus on establishing a Code of Conduct for all Committee members.  Motion carried. 

Dave Fadness, Allen Rice, Greg West, Martin Cohen, and Charles Tate volunteered to serve on this subcommittee.  Mr. Fadness will serve as the subcommittee chairperson. 

A request was made to have the subcommittee prepare a packet of recommendations for a code of conduct and to have that packet distributed to all Committee members before the next meeting.

D.        Role of the CBOC in Selection of an Auditor 

Mr. Matranga stated that auditors for the District are recommended by a committee.  The District establishes selection criteria, a Request for Proposals is provided to all interested firms, the District conducts interviews and then makes a recommendation to the School Board for approval.  The School Board is the entity that can enter into contracts.   

The District has two auditors; an internal auditor who is a District employee, and an external auditor who is independent.  There will also be a separate Performance Audit.  Mr. Fadness stated that the CBOC should select the auditor because the Committee is supposed to provide this information to the public.  Mr. Tate asked if it would be appropriate to have CBOC members serve on the auditor selection panel.  Mr. Matranga stated he would recommend to the Board that this Committee be heavily represented in the selection of an auditor.  A motion was made to recommend to the School Board that 3 to 5 CBOC members participate in the auditor selection process.  Motion carried. 

5.         Background Information

A.        Project Lists and Cost Estimates 

Chuck Corr distributed a handout addressing Project Lists and the Development Process Exhibit D.  Mr. Cohen asked what the standard soft cost is for a project of this type.  Mr. Corr stated that the standard soft cost is 20%-30%. 

6.                     Upcoming Meeting and Agenda

A motion was made for the next CBOC meeting to be held August 5, 2002 at 5:30 pm.  Motion carried. 

Possible future agenda topics include:  1)  District web site- who manages it and who monitors it?, 2) State matching funds and legal restrictions, 3) Request School Board to increase the size of the Committee, 4) Subdivision of the Committee into clusters of schools, 5) District requirements for competitive bidding, 6)  Follow up on the liability issue, 7) Individual tasks to present synopsis reports,  8) All items not addressed in tonight's meeting. 

Ms. Escher asked for a verbal on-the-record assurance from the School Board and District Staff that Committee members and their children will not suffer any retaliation for Committee members doing their duty by serving on this oversight committee.  Mr. Matranga stated that any retaliatory action would be completely against our beliefs and District policy and that he can assure that there will be no retaliation against any Committee members or their children. 

7.                     Meeting adjourned at 9:00 pm.

8.                     Action Items

1.  Place the following caveat between points 1 and 2 of the previous CBOC minutes - "Note:  Following are summaries of briefings given by named individuals.  The Committee took no position on these briefings."  

 2.  The District is asked to provide an answer, yes or no, to the question of "Will the District provide coverage for Committee members for all legal actions and any costs associated with these?"  

3.  Ask the School Board if they are willing to provide legal counsel for Committee members.

4.  Ms. Mueller will review language in the Brown Act regarding agendas and report back to the Committee. 

5.  Prior to the next CBOC meeting, the District provide all Committee members with written information about the Brown Act.   

 6.  Prior to the next CBOC meeting, the Code of Conduct Subcommittee will prepare a packet of recommendations for a code of conduct, and distribute it to all Committee members.  

 7.  Mr. Matranga will recommend to the School Board that the CBOC be heavily represented in the selection of an auditor.