What are Some Red Flags that the District Does Not Want Real Oversight or Lacks Transparency?

FAQ 45

What are Some Red Flags that the District Does

Not Want Real Oversight or Lacks Transparency?

It must be understood that the following is not a complete list of such red flags.

  1. The district does not allow the CBOC to operate as an independent entity that conducts its own business and oversight activities.
  2. The district prohibits, or works to prevent, the CBOC from scheduling its own meetings or setting its own meeting agendas and/or otherwise attempts to control what the CBOC does.
  3. The district prepares the CBOC bylaws or other rules of procedure and conduct or insists on approving or disallowing the bylaws or bylaw provisions enacted by the CBOC.
  4. The district does not fill all the required CBOC seats, does not fill the seats with members with the stipulated qualifications, does not fill vacant seats as quickly as reasonably possible, and/or appoints only allies to the CBOC who are inclined to see things as the district governing board sees things, rather than reaching out to the communities for members inclined to exercise independent judgment.
  5. The district refuses to provide the CBOC its own independent legal counsel or other resources that the CBOC requires to properly conduct its oversight responsibilities.
  6. The district does not provide the CBOC access to auditors and their reports, information, or individuals.
  7. The district does not provide, or significantly limits, the CBOC’s access to district personnel and contractors.
  8. The district does not provide information on a timely basis and/or provides only partial or incorrect information.
  9. The district does not provide the CBOC with its own website, controlled by the CBOC.The CBOC should have sole control over what is on the CBOC website, what is added, and what is deleted.
  10. The district’s own website does not provide more than very summary information on construction bond finances and projects. Other facilities information could include the size and composition of facilities staff, table of organization, contact information, and maintenance and repairs policies and budget.
  11. There are serious and apparently viable complaints from the district’s construction bond employees, contractor’s employees, project neighbors, educational personnel, student parent/ guardians, etc., that the district does not appear to be addressing, particularly if the same issues tend to repeat. Sources of such matters can include, but are not limited to, appearances at district board and CBOC meetings; letters, e-mails, and phone calls; and press/media/social media.
  12. The district does not have an experienced and capable facilities team, particularly on the capital improvement side, nor a detailed facilities improvement plan, nor detailed and strong facilities processes and procedures, including working and accessible information technology systems that are readily accessible by members of the public (for summary level information).
  13. The district does not have an internal auditor
  14. The district does not enforce the audit rotation requirements for annual audits per Education Code § 41020(f)(2).
  15. The district does not extend “hold harmless” liability coverage to CBOC members.