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Attachment A

CITIZENS’ BOND OVERSIGHT COMMITTEE

BYLAWS

Section 1. Committee Established. The Allan Hancock Joint Community College District (the

“District”) was successful at the election conducted on June 6, 2006 (the “Election”), in obtaining authorization from

the District’s voters to issue up to $180,000,000 aggregate principal amount of the District’s general obligation

bonds (the “Measure I”). The election was 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

the Committee in order to satisfy the accountability requirements of Prop 39. The Board of Trustees of the Allan

Hancock Joint Community College District (the “Board”) hereby establishes the 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.

Section 2. Purposes. 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 Election are hereinafter referred to as “bond

proceeds.” The Committee shall confine itself specifically to bond proceeds generated under Measure I. Regular

and deferred maintenance projects and all monies generated under other sources shall fall outside the scope of the

Committee’s review.

Section 3. Duties. To carry out its stated purposes, the Committee shall perform only the following

duties:

3.1 Inform the Public. The Committee shall inform the public concerning the District’s expenditure of

bond proceeds.

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 the Measure I; and (b) no bond

proceeds were used for any teacher or administrative salaries or other operating expenses.

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 and/or Superintendent/President. Either the Board or the

Superintendent/President, 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:

(i) Approval of construction contracts,

(ii) Approval of construction change orders,

(iii) Expenditure of construction funds,

(iv) Handling of all legal matters,

(v) Approval of construction plans and schedules,

(vi) Approval of all deferred maintenance plans, and

(vii) Approval of the sale of bonds.

3.5 Voter-Approved 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, which shall be

made by the Board in its sole discretion.

managers, CEQA consultants and such other professional service firms as are required to complete the

project based on District criteria established by the Board in its sole discretion.

(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 in its sole discretion 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.

Section 4. Authorized Activities.

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 and review copies of the District’s annual independent performance audit and annual

independent financial audit, required by Article XIIIA of the California Constitution.

(b) Inspect college facilities and grounds for which bond proceeds have been or will be

expended, in accordance with any access procedure established by the District’s Superintendent/President.

(d) Review efforts by the District to maximize bond proceeds by implementing various cost-

saving measures.

Section 5. Membership.

5.1 Number.

The Committee shall consist of a minimum of seven (7) 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 Allan Hancock College, such as a foundation.

• Two (2) members of the community at-large.

5.2 Qualification Standards.

(a) To be a qualified person, he or she 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. By accepting appointment to the Committee, each member agrees to

comply with Articles 4 (commencing with Section 1090) and 4.7 (commencing with Section 1125) of Division 4 of

Title 1 of the Government Code. Additionally, each member shall comply with the Committee Ethics Policy

attached as “Attachment A” to these Bylaws.

5.4 Term. Except as otherwise provided herein, each member shall serve a term of two (2) years,

commencing on the date of the first meeting of the Committee. No member may serve more than two (2)

consecutive terms. At the suggestion of the Superintendent/President, at the Committee’s first meeting, members

may draw lots or otherwise 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.

5.5 Appointment. Members of the Committee shall be appointed by the Board through the following

process: (a) appropriate local groups will be solicited for applications; (b) the Superintendent/President or his or her

designee will review the applications; and (c) the Superintendent/President or his or her designee will make

recommendations to the Board.

5.6 Removal; Vacancy. The Board may remove any Committee member for any reason, 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. Vacancies shall be

filled within 90 days from the initial date of each such vacancy.

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, and (c) the Committee may only receive copies of reports and documents which have

been previously presented to the Board and which are a public record.

Section 6. Meetings of the Committee.

6.1 Regular Meetings. The Committee is required to meet at least once a year but may meet more often

as the Committee shall determine.

6.2 Location. All meetings shall be held within the Allan Hancock Joint Community College District.

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 of the Committee.

Section 7. District Support.

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;

and

(d) retention of all Committee records, and providing public access to such records on an Internet

Web site maintained by the District.

7.2 District staff and/or District consultants shall attend Committee proceedings in order to report on the

status of projects and the expenditures of bond proceeds.

7.3 No bond proceeds shall be used to provide District support to the Committee.

Section 8. Reports. In addition to the Annual Report required in Section 3.2, the Committee may report

to the Board from time to time in order to advise the Board on the activities of the Committee. The Annual Report

shall be in writing and shall summarize the proceedings and activities conducted by the Committee.

Section 9. Officers. The Superintendent/President shall appoint the initial Chair to serve for an initial two

(2) year term. The Committee shall elect an initial Vice-Chair. Thereafter, the Committee shall elect a Chair and a

Vice-Chair who shall act as chair only when the Chair is absent

Section 10. Amendment of Bylaws. Any amendment to these Bylaws shall be approved by a majority vote

of the Board.

Section 11. Termination. The Committee shall automatically terminate and disband 180 days following

the date when all Measure I bond proceeds have been spent.

CITIZENS’ BOND OVERSIGHT COMMITTEE

ETHICS POLICY STATEMENT

This Ethics Policy Statement provides general guidelines for Committee members to follow when carrying

out their roles. Not all ethical issues that Committee members face are covered in this Statement. However, this

Statement captures some of the critical areas that help define ethical and professional conduct for Committee

members. The provisions of this Statement were developed from existing laws, rules, policies and procedures as

well as from concepts that define generally accepted good business practices. Committee members are expected to

strictly adhere to the provisions of this Ethics Policy.

POLICY

• CONFLICT OF INTEREST. A Committee member shall not make or influence a District decision

related to: (1) any contract funded by bond proceeds or (2) any construction project which will benefit the committee

member's outside employment, business, or a personal finance or benefit an immediate family member, such as a

spouse, child or parent.

• OUTSIDE EMPLOYMENT. A Committee member shall not use his or her authority over a

particular matter to negotiate future employment with any person or organization that relates to: (1) any contract

funded by bond proceeds, or (2) any construction project. A Committee member shall not make or influence a

District decision related to any construction project involving the interest of a person with whom the member has an

agreement concerning current or future employment, or remuneration of any kind. For a period of two (2) years after

leaving the Committee, a former Committee member may not represent any person or organization for compensation

in connection with any matter pending before the District that, as a Committee member, he or she participated in

personally and substantially. Specifically, for a period of two (2) years after leaving the Committee, a former

Committee member and the companies and businesses for which the member works shall be prohibited from

contracting with the District with respect to: (1) bidding on projects funded by the bond proceeds; and (2) any

construction project.

• COMMITMENT TO UPHOLD LAW. A Committee member shall uphold the federal and

California Constitutions, the laws and regulations of the United States and the State of California (particularly the

Education Code) and all other applicable government entities, and the policies, procedures, rules and regulations of

the Allan Hancock Joint Community College District.

• COMMITMENT TO DISTRICT. A Committee member shall place the interests of the District

above any personal or business interest of the member.

Attachment B

Desirable Qualities for Candidates

Board of Trustees Appointment to the

Allan Hancock Joint Community College District

• Knowledge of the Allan Hancock Joint Community College District

• Knowledge of the district’s communities

• Knowledge of financial/budgeting matters

• Availability to attend scheduled meetings

• Experience in community relations and local community involvement

• Demonstrated interest in higher education issues

• Involvement in previous volunteer position(s)

• Absence of conflict of interest issues (i.e., district staff, direct or indirect connection with district

consultants, contractors, or likely future business partners)

Desirable Qualities for Student Applicants

Board of Trustees Appointment to the

Allan Hancock Joint Community College District

• Knowledge of the Allan Hancock Joint Community College District

• Availability to attend scheduled meetings

Meetings are held the first Tuesdays of November, February, May, and August

• Interest in community relations and local community involvement

• Interest in higher education issues

• Absence of conflict of interest issues (i.e., district staff, direct or indirect connection with district

consultants, contractors, or likely future business partners)

Attachment C

Allan Hancock Joint Community College District

Measure I Citizens’ Oversight Committee

INSTRUCTIONS FOR SUBMITTING APPLICATIONS

1. Complete the Application Form (Attachment D)

• If you meet the criteria for one or more of the required categories, please indicate all the areas in

Section 1 on the application form.

• All applicants will complete the information requested in Section 2 of the application form.

o Why would you like to serve on the Oversight Committee

o Statement of expected contributions if appointed

o Brief statement of qualifications

o Names, addresses, and phone numbers of three (3) professional references.

• Resumé may be attached, but it is optional.

2. Submit completed application via mail, email or in person.

Mail: Allan Hancock College

Kevin G. Walthers, Ph.D.

Superintendent/President

800 South College Drive, B-101

Santa Maria CA 93454

Attn: AHJCCD Measure I Citizens’ Oversight Committee

In-Person: Superintendent/President’s Office, B-101

Allan Hancock College Santa Maria campus

Questions? Contact Lauren Milbourne

Director, Public Affairs & Communications

(805) 922-6966, ext. 3779, or lauren.milbourne@hancockcollege.edu

Attachment D

Allan Hancock Joint Community College District

Measure I Citizens’ Oversight Committee

Membership Application Form

Name:

Date of Application:

Address:

City, State, Zip Code:

Phone Number(s):

Fax Number:

E-mail Address:

Section 1: Select the public interest category(ies) in which you are active and that you wish to represent:

Allan Hancock College student active in a community college support

group, such as student government