Policy 1.095

Independent Sales Surtax Oversight Committee

1. Purpose.

   1. The establishment of the Independent Sales Surtax Oversight Committee (ISSOC) was authorized by a resolution of the School Board adopted July 26, 2004 ("the Resolution"), contingent upon the voters' approval of a half-cent sales surtax by referendum on November 2, 2004. As stated in Section 5 of the resolution:

      Project Oversight by an Independent Committee. There is hereby authorized the establishment of an independent oversight committee of volunteers (the "Committee") for the purpose of overseeing and approving the implementation of the Plan [for the use of the proceeds of the levy and collection of the surtax, and any interest accrued thereto, for capital outlay projects, upgrades to the newest technology and land acquisition, and which may also be used for the purpose of servicing bond indebtedness to finance the authorized capital outlay projects set forth in Exhibit A to the Resolution] commencing upon approval of the surtax and extending through the date of completion of the projects to be funded under the Plan. The Oversight Committee shall consist of nine volunteer citizen members who are residents of Palm Beach County. One representative each from these current standing committees: CORC, Finance, and TAG; one representative appointed by the Education Commission; one representative appointed by the League of Cities; one representative from the Black Community; one representative from the Hispanic Community; and two representatives appointed by the Business Forum. The role of the Committee in overseeing the implementation of the Plan shall constitute an integral part of the Plan and shall not be subject to repeal prior to completion of the Plan.

2. Term of the Charter

   1. Consistent with the section 5 of the Resolution, this charter shall remain in effect until all proceeds of the sales surtax revenues from the six-year period from January 2005 through December 2010 have been expended and accounted for, i.e., when the projects to be funded under the Plan in the Resolution have been completed.

   2. This Policy shall be evaluated on an annual basis for possible revisions, and any revisions shall be consistent with the Resolution and any amendments thereto.

3. Responsibilities and Mission

   1. The ISSOC shall function consistent with Board Policy 1.09 (Advisory Committees to the Board), to assist the Board through independent oversight of the District's use of the proceeds of the half-cent sales surtax to be collected in Palm Beach County from January 1, 2005, through December 31, 2010 as well as reviewing the implementation of the 2005-2009 five-year capital facilities plan as it relates to the proceeds of the sales surtax.

   2. The ISSOC will provide oversight of the District's usage and expenditures of the proceeds of the sales surtax to verify consistency with the projects and purposes set forth in the Resolution, as set forth in subsection (1)(a) above. The ISSOC acknowledges that changes to, deviations from, modifications to, or non-compliance in relation to, the projects in Exhibit A to the Resolution may occur due to Acts of God or the public enemy, hurricanes or other natural disasters or other emergency situations affecting the operation of the public school system; compliance with an order of any governmental authority having jurisdiction or with state court judgments concerning the School District's state constitutional or statutory obligation to provide a uniform system of free public education; orders, consent decrees, or compliance agreements involving federal courts or the Office for Civil Rights of the U. S. Department of Education or the Florida Department of Education; shortage or unavailability of materials, equipment, labor or technical personnel; breakdowns, epidemics, or pandemics; riots, civil disorder, warfare, or terrorism; strikes, slowdowns, walkouts, blockouts, or other industrial disturbances, whether direct or indirect; or any other events, circumstances, forces, or causes not within the reasonable control of the School District, whether or not of the same class or kind as those specifically named above.

4. Membership Composition

   1. The ISSOC membership shall consist of:

      1. the nine (9) voting members as set forth in section 5 of the Resolution (quoted in section (1) of this Policy) and not more than four (4) additional voting members (one representative each from the Glades, the senior community, condominium residents, and the NAACP) totaling not more than thirteen (13) voting members, who: shall be residents of Palm Beach County; shall serve in a voluntary capacity; are not employed by the School District; and are approved by the School Board; and

      2. two (2) non-voting, ex-officio members to include a representative of the Principals' Association and a representative of the Classroom Teachers Association.

   2. Upon adoption of this policy, ISSOC members shall be provided with a copy of this policy and a copy of Board Policy 1.09 (Advisory committees to the Board). Upon the appointment of an individual(s) to an advisory committee, the individual(s) shall be provided with a copy of this policy and Board Policy 1.09.

5. Committee Meetings, Operations, Procedures and Administrative Matters

   1. Meetings. The ISSOC will hold its meetings consistent with the provisions of Board Policy 1.09.

   2. Operations and Procedures. ISSOC shall conduct its meetings consistent with, and ISSOC members shall abide by, the provisions of Board Policy 1.09.