DISTRICT CITIZENS' OVERSIGHT COMMITTEE BY
LAWS
I. Membership - Appointment, Qualifications and Term
Membership in the District Citizens’ Oversight Committee - There will be fifteen members of the District Citizens’ Oversight Committee
(“DCOC”), as follows:
- One representative from each College’s Citizens Committee
(“CCC”), as described in I(B), below, recommended by a majority vote of the
respective CCC and confirmed by the Board.
- Six additional members appointed by the Board as follows:
- One person who is active in a business organization
representing the business community in Los Angeles;
- One person who is active in an organization representing the
labor community in Los Angeles;
- One person who is active in a senior citizens’
organization;
- One person who is active in a bona fide taxpayers’
organization;
- One person who is a student who is enrolled in one of the
District’s colleges and active in a college group, such as the college
associated students’ organization; and
- One person who is an active member of a college advisory
committee or foundation.
- The Board will appoint the members of the CCCs and the DCOC
through the following process:
- Appropriate local groups will be solicited for
applications.
- The Chancellor or his or her designee will review the
applications received.
- The Chancellor will make recommendations to the Board
Committee, ideally at least two applicants for each appointment.
- The Board Committee will review the materials forwarded by the
Chancellor and make recommendations to the Board regarding the appointments.
College Citizens’ Committees
- Each College will have a College Citizens’ Committee.
- Each College’s Citizens’ Committee will consist of at least
seven but no more than fifteen members nominated by the constituent
organization(s), recommended by the College President and appointed by the
Board.
- At least one member of the committee will be active in a
business organization representing the business community in the college’s
service area; at least one member will be active in a senior citizens’
organization; at least one member will be active in a bona fide taxpayers’
organization; at least one member will be a student who is enrolled at the
college and active in a college group, such as the college associated students’
organization; and at least one member will be an active member of a college
advisory committee or the college’s foundation.
General Qualifications
- Employees and Employee Representatives - No employee of
the District may be appointed as a member of either the CCCs or the DCOC. If requested by the College President,
the Board may also confirm non-voting employee representatives to the College
Citizens’ Committee. Any employee representative to the committee may
participate in the committee’s deliberations but may not cast a vote as a
committee member or otherwise participate in any similar form of formal
decision-making.
- Interested vendors - No vendor, contractor, or
consultant of the District shall be appointed to either the DCOC or the CCCs.
- No dual membership - A member of a CCC who is not the
CCC’s designated representative for the DCOC may not be a member of the DCOC or
another CCC. A member of the DCOC
appointed pursuant to I(A)(2), above, may not be a member of a CCC.
- Elected Officials - Elected officials are not eligible
to be members of a CCC or a DCOC.
Term
- Members of the DCOC and the CCCs shall serve for a term of two
years and for no more than two consecutive terms.
- The community college student member may, at the discretion of
the Board, serve up to six months after his or her graduation.
- Removal from membership - Members of the DCOC and the
CCCs serve at the pleasure of the Board and may be removed at any time within
the Board’s sole discretion
- Process for replacement - If mid-term vacancies occur,
the process for replacement shall ideally follow the same process as for regular
appointments. The Chancellor may
adjust the processes as may be reasonably necessary for the particular
circumstances.
II. Authority
Authority and relationship of committees
- DCOC
- Role - The role of the District Citizens’ Oversight Committee
is to inform the public concerning the District’s expenditure of revenues
received from the sale of bonds authorized by the voters on April 10, 2001. In
particular, the Committee will provide oversight ensuring that
- bond revenues are expended only for the construction,
reconstruction, rehabilitation, or replacement of college facilities, including
the furnishing and equipping of college facilities, or the acquisition or lease
of real property for college facilities; and
- no bond revenues are expended for any teacher or administrative
salaries or other college operating expenses.
- To carry out its role, the District Citizens’ Oversight
Committee may:
- receive and review copies of the annual independent performance
audit conducted to ensure that the bond revenue has been expended only on the
specific projects listed in the bond proposition;
- receive and review copies of the annual independent financial
audit of the bond revenue;
- inspect college facilities and grounds to ensure that the bond
revenue is expended in compliance with the requirements of paragraph (3) of
subdivision (b) of Section 1 of Article XIIIA of the California
Constitution;
- receive and review copies of deferred maintenance proposals or
plans developed by the District; and
- review efforts by the District to maximize bond revenues by
implementing various cost saving measures.
- CCC - The role of each College Citizens’ Committee is to
advise the District Citizens’ Oversight Committee regarding the District’s
expenditure of bond revenues on the specific projects listed in the bond
proposition that are planned for the college at which the committee is
organized, and to recommend a member of the committee to serve on the District
Citizens’ Oversight Committee.
Legal capacity of committees
- The DCOC is the citizens’ advisory committee established
pursuant to [citation].
- The CCCs are advisory to the DCOC.
- Neither the DCOC nor the CCCs have an independent legal
capacity from the Los Angeles Community College District.
Information provided to committee members
- Information provided by staff to one member of a CCC shall be
provided to all members of the CCC, in accordance with the directions of the
College President.
- Information provided by staff to one member of the DCOC shall
be provided to all members of the DCOC, in accordance with the directions of the
Chancellor or his or her designee.
Authority of individual committee members
- The Chair of a CCC or the DCOC shall have the authority to
direct staff as necessary to comply with public meeting laws.
- Except as expressly provided in these bylaws or by a majority
vote of the applicable committee, individual committee members shall not have
the authority to direct staff unless the applicable
- Each individual committee member retains the right to address
the Board of Trustees, either on behalf of his or her respective committee, or
as an individual.
Selection of Chair
- The initial chair for the DCOC shall be designated by the
Chancellor, and the initial chair for each CCC shall be designated by the
respective College President.
- Thereafter, the chair for the DCOC and each CCC will be
selected annually at the first meeting held on or after July 1, or as vacancies
may occur. The chair shall serve at
the pleasure of the applicable committee.
III. Procedures
District Staffing to Committee
- Reasonable staffing shall be provided to the DCOC and the CCCs
without charge to bond funds.
- The management-level staff person for the DCOC will report to
the Senior Vice Chancellor. The
management-level staff person for each CCC will report to the respective College
President.
- Staffing levels are within the discretion of the Chancellor for
DCOC, and within discretion of the respective College President for CCCs, but
the DCOC and the CCCs may make recommendations regarding their respective
staffing needs.
- The Senior Vice Chancellor or College President should seek
input from individual committee members regarding the evaluation of staff
members.
- Legal Counsel - The Chair of the DCOC and the chair of
each CCC may seek legal counsel as necessary from the Office of General Counsel,
which will provide advice directly or through the use of additional counsel as
may be necessary. Since the DCOC
and CCCs do not have a separate legal capacity from the District, the committees
may not obtain other legal counsel without permission from the General
Counsel.
- Defense and indemnity - The District has a duty to
defend and indemnify volunteers acting within the course and scope of their
volunteer duties. In the event of
litigation naming the DCOC, any or all CCCs, or the individual members, the
Board of Trustees shall provide counsel for the DCOC or CCCs, and shall promptly
determine whether to provide counsel for individual members.
IV. Bylaws
- Bylaws for each group - These bylaws are established for
the DCOC by the Chancellor, and may be modified by the Chancellor. Each CCC may adopt its own bylaws, not
inconsistent with these bylaws, and subject to the approval of the
Chancellor.
- Amendments - Amendments to these bylaws must be approved
by the Chancellor.
V. Conduct of meetings
Quorum
- A quorum of the DCOC shall consist of any eight members of the
DCOC.
- A quorum of each CCC shall consist of a majority of members of
the CCC.
Public meetings
- The DCOC and CCCs are subject to the Ralph M. Brown Act. In light of this requirement, each group
will adopt schedules of meetings for at least six-month periods.
- Notices and agendas regarding the DCOC and CCCs shall be posted
in the same location as the location where notices and agendas regarding the
Board of Trustees meetings.
- Each member of each committee will be given a current copy of
the Ralph M. Brown Act by the Office of General Counsel. The Office of General Counsel shall have
the responsibility to provide a briefing regarding the Brown Act at a regular
meeting of each committee annually.
- Public Records -Minutes of the proceedings of the
citizens' oversight committee and all documents received and reports issued
shall be a matter of public record and be made available on an Internet website
maintained by the District.
- Except as otherwise provided by these bylaws or applicable law,
meetings shall be conducted in accordance with Robert’s Rules of Order, Newly
Revised.