Oversight Committee for Public Safety Transactions and Use Tax

City of Atwater Citizens Oversight Committee for Public Safety Transactions and Use Tax

Establishment of citizens’ oversight committee.

A. Committee Established. There is hereby established in the City a citizen’s oversight committee to monitor the expenditures of revenue collected pursuant to this chapter only and report to the people and the City Council.

B. Selection of Members. Members of the citizens’ oversight committee shall be appointed by the City Manager. The committee shall consist of seven members. The initial committee shall consist of those members listed in the Citizens’ Oversight Committee Member List, incorporated by reference herein. The citizens’ oversight committee members shall not be current City employees, officials, contractors or vendors of the City. Past employees, officials or vendors shall be eligible to serve on the committee, provided that there are no conflicts of interest as determined by the City Attorney.

As used herein, the term “official” is not synonymous with the term “public official” as defined in the California Political Reform Act. The term “official” shall not include members or appointees serving on existing boards or commissions of the City of Atwater, including, but not limited to, the Planning and Zoning Commission and the Parks and Recreation Commission. The term “official” shall mean any person who is not an employee, but performs the duties or functions of an employee of the City of Atwater for compensation under an outsourcing arrangement, including, but not limited to, the Fire Chief, the Finance Officer and any other positions which may be outsourced subsequent to the enactment of this Ordinance.

Of the members of the committee first appointed, four shall be appointed for terms of two years and three for terms of three years. Their successors shall be appointed for terms of three years. No member may serve more than two consecutive three-year terms.

The City Manager shall solicit citizens’ oversight committee members through an open application process that is promoted through the City’s adopted recruiting process. Any Atwater resident is eligible to apply for committee membership, subject to the appointment categories specified above. All applications will be reviewed by the City Manager, which will have the authority to make all final decisions on committee representation, subject to these guidelines.

C. Purpose and Jurisdiction. The citizens’ oversight committee shall review expenditures of revenue collected pursuant to this chapter only to determine whether such funds are expended for the purposes specified in the then-current public safety measure police and fire expenditure plan, and issuing reports on their findings to the City Council and public at least annually. Committee members may also review the annual financial or performance audits performed by an independent auditor. The committee shall confine its oversight specifically to revenues generated under this chapter. Revenue generated through other sources shall be outside the jurisdiction of the public safety measure citizens’ oversight committee.

In order to preserve the integrity and independence of the oversight process, committee members will not play a formal role in contracting, project management, or any other aspect of the public safety measure funding.

The committee is not charged with decision-making on spending priorities, schedules, project details, funding source decisions (e.g., leveraged funds, developer fees, etc.), financing plans, or tax rate assumptions. The committee shall serve in an advisory-only role to the City Manager. The committee shall have no jurisdiction other than that delegated to it by the people pursuant to this chapter.

The City Manager or designee shall provide any reasonable administrative or technical assistance required by the committee to fulfill its responsibilities or publicize its findings.

D. Meetings. The citizens’ oversight committee shall meet semi-annually (or as otherwise provided for in approved or amended bylaws) with specific meeting dates to be determined by committee members. Citizens’ oversight committee meetings are subject to the Brown Act. Meetings must be noticed and open to the public. Committee minutes and reports are a matter of public record, and must be posted on a web site provided by the City. Additional meetings may be scheduled by the committee as necessary. All committee members shall attend a training and orientation session prior to the first regular committee meeting.

Committee members are expected to attend all regular meetings. Failure to attend two consecutive meetings may result in removal from the committee at the discretion of the City Manager.

Committee members are expected to attend all regular meetings. Failure to attend two consecutive meetings may result in removal from the committee at the discretion of the City Manager.

E. Committee Operations. The citizens’ oversight committee will select members to serve as chair and vice chair of the committee. A City staff person will be appointed by the City Manager or designee to serve as secretary. The secretary will be responsible for preparing, posting and distributing agendas and taking minutes at each meeting. Approved minutes shall be made available to the public. Committee decisions, positions, findings, and procedures shall require a simple majority vote of those members in attendance. The quorum requirement for any meeting shall be a minimum of four members.

F. Vacancies. Committee members may be removed from the committee only by the City Manager for repeated absence (see Section D of this section), for malfeasance, for failing to meet the qualifications set forth in this section or for inability or unwillingness to fulfill the duties of a member. In the event of removal, resignation, or death, the City Manager shall appoint a person to fill the vacant seat.

G. Miscellaneous. With the exception of those items specifically addressed in these guiding principles, the committee may draft and adopt its own standard procedures and bylaws by majority vote. All citizens’ oversight committee procedures and bylaws remain subject to review and approval by the City Council. Citizens’ oversight committee reports and audits are subject to review and approval of the City Council.

Committee Members:

Adam Castro, term ending June 30, 2023
Don Hyler III, term ending June 30, 2023
Gary Brice, term ending June 30, 2023
George Ron Pirtle, term ending June 30, 2023
Julieanne Brantley, term ending June 30, 2023
Linda Dash, term ending June 30, 2023
Thomas Garner Jr., term ending June 30, 2023

In accordance with the provisions of Atwater Municipal Code Chapter 3.45, Sections 160C (Atwater Public Safety Transactions and Use Tax), the City of Atwater Citizens Oversight Committee for Public Safety Transactions and Use Tax shall review the expenditure of revenue collected pursuant to this chapter only to determine whether such funds are expended for the purposes specified in the then ­current public safety measure police and fire expenditure plan, and issue reports on their findings to the City Council and public at least annually.

Meetings

Downloadable Documents

Citizens’ Oversight Board Application

City of Atwater Measure H Fund Status Report May 18, 2015

March 28, 2016 – City of Atwater Measure H Budget Summary

City of Atwater Citizens’ Oversight Committee for Public Safety Transactions and Use Tax Report for FY ending June 30, 2016