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PROPOSITION 39
General Obligation Bond Information - Prop 39 Measure E Bond 2006 Audit Report (PDF)
Prop 39 Bond Provisions:
Use of Funds
Bond funds can only be used for construction, reconstruction or
replacement of facilities. Can include furnishing and equipping of
facilities, or the acquisition of real property for facilities.
Cannot include salaries or other operating expenses. The cost of
the independent audits required by Prop 39 cannot be absorbed by
bond funds – they must be paid out of district operating
funds.
List of Projects
A list of the projects to be funded by the bond must be provided to
the voters. The ECC Board must also certify that safety and
information technology have been considered in developing the list
of projects.
Required Audits
The ECC Board must conduct an annual, independent performance audit
to ensure that funds have been expended only on the specific
projects listed. The ECC Board must conduct an annual, independent
financial audit of the proceeds from the sale of bonds until all
funds have been expended for the facility projects.
AB 1908 Requirements
In addition to Prop 39 provisions, AB 1908 became effective with
the voters’ approval of Prop 39. The additional provisions
under AB 1908 include:
Board Approval
Two thirds of the Governing Board must approve placing a bond issue
on the ballot. The Board must formally decide whether to seek
approval at the 2/3 level or the 55% level. Once the 55% approval
is sought, the district must comply with all provisions of AB 1908,
even if the bond is approved by a 2/3 majority.
Election Dates
The bond can only be included on the ballot of a statewide primary
or general election, a regularly scheduled local election, or a
special statewide election.
Property Tax Rate
The tax rate levied for a bond election is limited to $25 per
$100,000 of assessed valuation for community college districts
– ECC’s rate will be $18.89 per $100,000 assessed value
(not market value).
Oversight Committee
Within 60 days of voter approval of a bond, the Governing Board is
required to appoint an independent citizens oversight committee.
The committee is charged with the following:
- ensuring that funds are used appropriately
- receiving and reviewing the annual audits
- inspecting facilities and grounds to ensure compliance with Prop 39
- reviewing deferred maintenance plans
- reviewing cost-saving efforts by the district to maximize bond revenues and make recommendations
The district Board must provide technical and administrative assistance to the committee, and provide funds (not bond funds) to permit the committee to publicize their conclusions. Proceedings of the committee must be open to the public and they must issue a report at least annually.
Oversight Committee Membership
The committee must consist of at least 7 members. No employee or
official of the district may serve on the committee. The
individuals who must be included on the committee are:
- a person active in a business organization representing the business community within the district
- a person active in a senior citizens organization
- a person active in a bona fide taxpayers organization
- one enrolled student who is active in a group such as student government
- one person who is active in a group supporting community colleges, such as an advisory council or foundation
ECC Board of Trustees votes to place measure on ballot. On July 15, 2002, the ECC Board voted unanimously to place the College’s first-ever bond measure on the November 2002 ballot. The total bond amount is $394 million.
Hundreds of our constituents have contacted us with suggestions and support for improving educational opportunities and services at ECC.