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Re: “College in Revolt

A comment regarding the Measure Q issues. The amendments to the California Constitution Article XIII A are very restrictive regarding expenditures for capital spending. The bond money must be restricted to: Construction, reconstruction, rehabilitation, or replacement of SCHOOL FACILITIES. Furnishing and equipping of SCHOOL FACILITIES. Purchase or leasing of real property for SCHOOL FACILITIES. And it says that the bond monies shall be spent for the above-listed purposes, AND FOR NO OTHER PURPOSE including administrator and teacher salaries or other operating costs. If a District spends money on something not directly related to these constitutionally list purposes, it is an unconstitutional expenditure of funds. School district officials have taken to writing VERY LOOSELY described project lists. The taxpayers can attack loosely written items on the project list by claiming that those items on the project list that are not "a list of specific projects" as required by the California Constitution, are unlawful items on the project list for failure to SPECIFY a project. Thus, Marsee may be able to find a lawyer who says that "improvements to college buildings" is compliant with the Constitutional requirement of specificity. But a taxpayer can file a lawsuit challenging this. A citizen or group of citizens can file a complaint with the Civil Grand Jury to ask for review of this claim and prosecution for malfeasance in office. Or, a citizen or group of citizens could work to get the State Controller's Office to conduct a special audit of the Bond program. For the last item, Google "San Joaquin Delta" and "State Controller's Office" and "project list". You will see how the Grand Jury and State Controller can put an end to Marsee's expansion beyond the meaning of the words in the Measure Q project list.

Posted by ATTORNEY on 05/05/2010 at 4:57 AM

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