What Can a CBOC Member Do if There is Spending on a Project Not Included in the Ballot Language, AKA Project List?

FAQ 71

What Can a CBOC Member Do if there is Spending on a Project Not Included in the Ballot Language, AKA Project List?

If the prospect of such a matter comes to the attention of the CBOC, it should ask the district for information and clarification.  It should consult with legal counsel, starting with the CBOC independent legal counsel (if there is one) and, if possible, district bond counsel.

Unfortunately for the CBOC, district legal counsel, whether a district employee or an external contractor, owes first allegiance to the district and, therefore, may be unable to respond to any inquiries.

If more information is required, the CBOC should consider other actions, such as requesting that financial and/or performance audit work be conducted.

The CBOC should proceed with great caution if an illegal act is possible.  Again, referral to the appropriate law enforcement agency should be considered after consultation with legal counsel.  CBOCs should proceed very carefully in attempting to investigate potential law violations and should totally refrain from attempting investigations of alleged criminal acts. 

(See also FAQs 2., 3., 4., 10., 14., and 20., “What is the legislative intent of School Bond Oversight?,” “What is the purpose of a Bond Oversight Committee?,” “What are the major Constitutional Requirements of a Bond Oversight Committee?,” “What can be funded with bond proceeds and what is not permitted?,” “Can any operating costs be funded with bond proceeds?,” “Should a CBOC take legal advice from the school district’s lawyer?”)

https://www.bondoversight.org/california-bond-oversight-committee-faq/