Chapter 3Accountability, Independent Audits, Public Disclosure
Section § 26210
This law establishes the Citizens Oversight Board, made up of nine members: three appointed by the Treasurer, three by the Controller, and three by the Attorney General. Each must include a professional in construction or design, finance, and energy efficiency. The Public Utilities Commission and Energy Commission appoint non-voting members. The board's responsibilities include reviewing expenditures from the Job Creation Fund, commissioning audits, publishing financial information, and submitting evaluations to the Legislature to ensure objectives are met.
Section § 26211
This section states that the board will receive its funding through the annual Budget Act, but only if the Legislature decides to allocate the money for it.
Section § 26212
Board members have a four-year term and can be reappointed for up to two more terms. A majority of members are needed to make decisions. The principal office is in Sacramento at a specific commission's office. Each member gets one vote, and all decisions are recorded. Members choose a chair and vice chair from among themselves. They don't get paid but can be reimbursed for necessary expenses, which must be approved by the chair and paid as per specific rules.
Section § 26213
This section outlines the responsibilities and procedures for board meetings. The board is required to meet at least four times a year, but more if needed. The chairperson, with staff help, prepares meeting agendas ahead of time, gathering input from board members, staff, and the public. The board and its committees must follow the rules set by the Bagley-Keene Open Meeting Act, ensuring meetings are open and transparent. They must also adhere to the California Public Records Act, which mandates openness in managing public records.
Section § 26214
This law outlines how the board manages its leadership and operations. Initially, all nine board members must be appointed before the first meeting, which is called by the Treasurer, Controller, and Attorney General. At this first meeting, a chair and vice-chair are elected each year, starting their term on July 1. If there's a vacancy, the board elects someone to fill the role temporarily, with the vice-chair stepping in as needed. The board also creates its own rules, aligning with other state boards. The chair leads meetings, appoints committee chairs, prepares agendas, and acts as spokesman, among other duties. The vice-chair supports the chair and is ready to step in if needed. Board staff must avoid duplicating work done by other state agencies.
Section § 26215
This law section allows the board to create committees as needed and set their roles and rules. The chair, with the board's approval, can define what each committee does and its authority. Committees must meet and report as required by the chair or board, and in the chair's absence, the vice chair takes over routine matters. The board can adjust a committee's role anytime. Committees can act within their set authority without needing further board approval, but they can't make public statements or decisions outside their authority without the board's consent.
Section § 26216
This law requires the board to create and distribute an annual report about its activities, findings, and recommendations to the Governor, Legislature, and public. The report should cover the board's activities from the previous year and be ready within 90 days of year-end.
The chair starts by preparing a draft report, which is then discussed and possibly amended in a board meeting after public comments. The finalized report must be published on the board’s website and submitted to the Legislature as specified in another government regulation.
Section § 26217
The rules cover how the board should manage and report its expenses. Expenses must follow the State Administrative Manual, and the board can authorize its chair or staff to approve and pay expenses. If any spending exceeds the budget or needs more review, the board will discuss it at their next meeting. The chair monitors the budget and updates the board on whether they are staying on track financially. If the chair testifies in front of a state authority, their travel and other necessary expenses will be reimbursed. All board expenses must be included in the annual report.