SECTIONS 15284-15288
EDUCATION CODE
SECTION 15284-15288
SECTION 15284-15288
15284. (a) An action to obtain an order restraining and preventingany expenditure of funds received by a school district or communitycollege district through the sale of bonds authorized by this chapterpursuant to paragraph (3) of subdivision (b) of Section 1 of ArticleXIII A of the California Constitution and subdivision (b) of Section18 of Article XVI of the California Constitution may be maintainedagainst any officer, agent, or other person acting on behalf of, thatschool district or community college district, by a citizen residingin the school or community college district who is assessed and isliable to pay an ad valorem tax on real property within the school orcommunity college district, or who has paid an ad valorem tax onreal property within the school or community college district withinone year before the commencement of the action if it appears by thecomplaint or affidavits that any of the following conditions arepresent: (1) An expenditure of funds received by a school district orcommunity college district through the sale of bonds authorized bythis chapter is for purposes other than those specified in paragraph(3) of subdivision (b) of Section 1 of Article XIII A of theCalifornia Constitution. (2) The expenditure is not in compliance with paragraph (3) ofsubdivision (b) of Section 1 of Article XIII A of the CaliforniaConstitution. (3) That an expenditure in violation of paragraph (3) ofsubdivision (b) of Section 1 of Article XIII A of the CaliforniaConstitution will be made or will continue to be made during thelitigation that would produce waste or great or irreparable injury. (4) The governing board of a school district or community collegehas willfully failed to appoint the citizens' oversight committee inviolation of the requirements of Section 15278. (b) An action brought pursuant to this section shall take specialprecedence over all civil matters on the calendar of the court exceptthose matters granted equal precedence by law. (c) The rights, remedies, or penalties established by this sectionare cumulative to the rights, remedies, or penalties establishedunder other laws, including subdivision (a) of Section 526 of Chapter3 of Title 7 of Part 2 of the Code of Civil Procedure. (d) If an order is obtained to restrain and prevent an expenditureof funds pursuant to subdivision (a), a court may award attorneys'fees pursuant to Chapter 6 (commencing with Section 1021.5) of Title14 of Part 2 of the Code of Civil Procedure. (e) The action authorized by this section shall be known as a"School Bond Waste Prevention Action."15286. Consistent with the provisions contained in subparagraphs(C) and (D) of paragraph (3) of subdivision (b) of Section 1 ofArticle XIII A of the California Constitution, the required annual,independent financial and performance audits shall be conducted inaccordance with the Government Auditing Standards issued by theComptroller General of the United States for financial andperformance audits.15288. It is the intent of the Legislature that upon receipt ofallegations of waste or misuse of bond funds authorized in thischapter, appropriate law enforcement officials shall expeditiouslypursue the investigation and prosecution of any violation of lawassociated with the expenditure of those funds.