Can CBOC Bylaws Modify CBOC Member's terms of Office?

FAQ 61

Can CBOC Bylaws Modify CBOC Member’s terms of Office?

No.  CBOC member’s terms of office are determined by state statute – which sets a minimum term of two years and a maximum number of consecutive terms of three, and by each district board, which can elect longer terms and lesser number of consecutive terms.  As a CBOC has no statutory or other authority over the terms of its members, this is not a matter that should be included in the CBOC Bylaws.

It is appropriate for inclusion in a Memorandum of Understanding between the district and the CBOC.

CABOC recommends that matters that are established by the California State Constitution, state statute, or other external laws, regulations, or contracts should not be duplicated in the bylaws; as these requirements already exist, there is no need to duplicate them in the bylaws and if the provisions in the overriding statute, regulation, etc., are subsequently changed, the bylaws would have to be changed to comply, and failure to make such changes could cause problems.  Such statutory provisions can be included as an appendix to the bylaws – with a statement that, as these may change, the contents of the appendix automatically change.

While Ed Code §15282(a) states, “The citizens’ oversight committee shall consist of at least seven members who shall serve for a minimum term of two years without compensation and for no more than three consecutive terms,” in practice, CBOC members can serve longer than what is generally regarded as the six years maximum from the above.

First, note that term of office above is for “… a minimum term of two years.”  If a district wants longer terms, such as three years, that appears to be consistent with this statutory provision.

Also, there is a process for the district governing board to apply to the California Board of Education (CBOE) for an extension for specific CBOC members for specific periods of time.  It is recommended that such requests be discussed with CBOE staff and presented at least three months before the expiration of the final term for the CBOC members being considered.  The history of such matters that have come before the CBOE in recent years is that every such request has been approved.

Any reference to the three-two-year-term, six-year limit in the CBOC bylaws should be removed as, even with CBOE approval of CBOC members serving for more extended periods, the bylaw provisions could be interpreted as disallowing such extensions.

(See also FAQ 4, “What are the major Constitutional Requirements of a Bond Oversight Committee?)