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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. |