What do You Do if the Bylaws Prohibit the Committee and/or Members to Conduct Independent Bond Oversight?
What do You Do if the Bylaws Prohibit the Committee and/or
Members to Conduct Independent Bond Oversight?
Since Proposition 39 and Ed Code §15278 et seq. not only allow, but requires CBOCs to conduct independent bond oversight, we assume that the question refers to some local legal, regulatory, or other provision. Since any local action must be consistent with these higher legal authorities, the general rule is that the higher legal authority rules – and, therefore, any “… laws that prohibit the (CBOC) and/or member to conduct independent bond oversight” would appear to be improper, invalid, and unenforceable.
Therefore, it is questionable that there is any law that would “… prohibit the committee and/or member to conduct independent bond oversight” – although it is certainly not unknown that some districts and/or district staff would make such statements.
If you find yourself in this situation, CABOC is here for you to provide advice and assistance.
(See also FAQs 2, “What is the Legislative Intent of School Bond Oversight,” 3,, “What Is the Purpose of a Bond Oversight Committee,” and 18., “Is Your CBOC Independent?”)