Santa Clara County Municipal Code Ch. XXVII 2025 Measure a Independent Citizens' Oversight Committee

The 2025 Measure A Independent Citizens' Oversight Committee ("Committee") is hereby established for Measure A, a general retail transaction and use tax ("general sales tax") of five-eighths of one cent that is estimated to raise approximately $330 million annually for five years and will ensure funding will continue to be utilized for general government purposes, including to avoid cuts to critical local services.

(Ord. No. NS-300.1007, § 1, 3-10-26)

(a) The Committee shall consist of seven voting members appointed by the Board of Supervisors and one non-voting member, the Santa Clara County Assessor. The Committee shall include the following members:

(1) One member who is a health care practitioner or a retired health care practitioner.

(2) One member who is an auditor, certified public accountant, or individual with professional expertise in public finance.

(3) One member who is a healthcare advocate.

(4) One member who is a representative of organized labor.

(5) One member who is a representative of a business organization.

(6) One member who is a representative of a civic organization.

(7) One member who is a representative of the general public.

(8) The Santa Clara County Assessor as an ex-officio, non-voting member.

(b) The nominating authority for positions (1) through (5) shall be allocated one to each Supervisorial District by random draw prior to nominations. The nominating authority for positions (6) and (7) shall be assigned one each to two Board Members by random draw, with the sequence for making nominations thereafter proceeding on a rotating basis. Positions (1) through (7) must be appointed by the Board as a whole. All initial Committee members shall be nominated within 60 days of the effective date of the Ordinance codified in this chapter.

(c) The term of each voting member shall be three years, except two of the initial members shall serve two-year terms, and two of the initial members shall serve one-year terms to provide staggering of terms. Such initial terms shall be determined by lot and shall be deemed to have commenced on July 1, 2026. Each member shall continue to serve on the Committee until the appointment of his or her successor. No voting member shall be eligible to serve for more than three terms in addition to any portion of any unexpired term which may have been served. All new Committee members shall receive a comprehensive orientation and training.

(d) The Clerk of the Board shall transmit to the County Counsel the application materials of any prospective nominee to be presented to the Board of Supervisors for appointment to the Committee at least 20 calendar days prior to consideration for appointment by the Board. The County Counsel shall report to the Board any identifiable disqualifying conflict of interest.

(e) Only the appointed and ex-officio members shall serve on the Committee. Alternates shall not be permitted.

(Ord. No. NS-300.1007, § 1, 3-10-26)

(a) The Committee shall serve as an advisory body to the Board of Supervisors, and through the Board of Supervisors to the public, and shall have the following purpose:

(1) To advise on whether the County is spending 2025 Measure A revenue for any general government purpose of the County, including mitigating the emergency circumstances created by the harmful impacts of the unprecedented federal cuts resulting from H.R. 1;

(2) To advise on whether the County has been spending 2025 Measure A revenue as reflected in the County's annual Adopted Budget; and

(3) To conduct an annual review of the report issued by the County describing the amount of revenue collected and expended and the impact of these expenditures.

(b) In furtherance of its purposes, the Committee shall:

(1) Send advisory reports, including any reviews or recommendations, to the Board of Supervisors at least annually. The Committee reports shall be available for public inspection at least 14 days prior to a meeting of the Board of Supervisors where the advisory report appears on the Board agenda;

(2) Receive any reports on 2025 Measure A revenue and expenditures that are provided to the Board of Supervisors, to the extent consistent with confidentiality requirements;

(3) Receive an annual financial audit from the independent external auditor;

(4) Receive financial reports displaying the 2025 Measure A actual expenditure, the amount of funds collected and expended, and fund balance;

(5) Have direct access to the independent external auditor and the ability to request "spot check" audits in addition to the comprehensive annual audit; and

(6) Prepare an annual report that is published online and made widely available to the Board, the grand jury, the media and the general public.

(Ord. No. NS-300.1007, § 1, 3-10-26)

A professional auditor that is independent and external to the County shall report directly to the Committee to the greatest extent allowed by law. The auditor shall be selected by the Board of Supervisors following a competitive selection process. The Committee (or representatives of the Committee) may make a recommendation to the Board of Supervisors regarding the Board's selection of an auditor.

(Ord. No. NS-300.1007, § 1, 3-10-26)

(a) The Clerk of the Board or their designee shall be ex officio secretary of the Committee and shall provide secretarial assistance to the Committee in furtherance of its purpose.

(b) The Office of the County Executive shall provide staff assistance to the Committee.

(c) All Committee meetings shall be subject to the Brown Act and all Committee records shall be subject to the California Public Records Act. Minutes of the Committee meetings and reports issued by a majority of the Committee shall be available on the County's website.

(d) While any portion of 2025 Measure A revenue remains unexpended, the Committee shall meet no less than annually.

(Ord. No. NS-300.1007, § 1, 3-10-26)

Procedures for the conduct of business not otherwise specified herein shall be contained in the bylaws of the Committee. The initial bylaws, and any amendments to the bylaws, following approval as to form and legality by County Counsel, shall be approved by the Board of Supervisors.

(Ord. No. NS-300.1007, § 1, 3-10-26)

(a) This Ordinance [chapter] shall take effect pursuant to Government Code section 25123, or no later than the date when the general sales tax levied pursuant to 2025 Measure A begins collection, whichever is later.

(b) This Ordinance [chapter] shall be automatically repealed two quarters after the last remaining revenues from 2025 Measure A general sales tax are expended or refunded.

(Ord. No. NS-300.1007, § 1, 3-10-26)