Must CBOC Members Be Residents of the District the School Construction Bonds Are Funding?
Must CBOC Members Be Residents of the District
the School Construction Bonds Are Funding?
There is no residency requirement in the State Constitution or Statute or Regulation, but each District is free to establish its own, if it desires.
While Proposition 39 and its implementing Education Code and other laws and regulations do comprehend certain aspects of CBOC member qualifications, there is no discussion of residency. The CBOC is aware of several CBOCs around the State of California that have, or have had, members that did not reside within the boundaries of the K-12 or Community College District that the CBOC covers.
While it appears logical that CBOC members that live in, pay taxes, attended, and send their children to would have obvious advantages, there are certainly conditions where it may be necessary to go outside the District boundaries, such as if there is no person active in a bona fide taxpayer organization that is willing to serve.
Conversely, the same laws that do not require that CBOC members be residents also do not prohibit a District from imposing its own geographic membership requirements.
The CBOC recommends that all CBOCs have Memorandums of Understanding and adopt their own Bylaws. Such documents would be appropriate for residency requirements if residency requirements are considered appropriate for individual Districts and CBOCs that wish them.