What to Do if There is No Project List?

FAQ 70

What to Do if There is No Project List?

It is difficult to respond to this very specific question without more information.  There is a requirement in Proposition 39 and its implementing statutes for a project list to be presented to the voters as a key, required part of the bond ballot measure.   The complete absence of any project list would appear quite questionable – and attempting to produce a project list after the bond ballot measure passes does not appear to be acceptable.

The requirement for a project list as part of the ballot measure package is not well-defined.  While it is possible that this dispute is different from one of, is there or is there not a project list, but rather, is the project list presented sufficient?  (The decision in Foothill-De Anza states, “The court also concluded that, although Measure C (the bond ballot measure before the court) did not set forth Proposition 39’s accountability provisions verbatim, the information it did supply was sufficient,” which can be read that there was a project list that was sufficient for the court (excerpts from the project list in Measure C are included in the decision), thereby rejecting the plaintiff’s contention that there was none, or that it was insufficient.

We cannot provide a definitive response without more data – and CABOC does not intend to be in the business of rendering opinions on whether such documents are sufficient or not.

This type of question should be directed to competent legal counsel.

(See also FAQs 16. and 20, “What are the basic key elements that should be included in a school district facility master plan?” and “Should a CBOC take legal advice from the school district’s lawyer?” respectively.)