Back to legislation introduced in Council period 15
Councilmember Kevin P. Chavous
A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA Councilmember Kevin P. Chavous introduced the following bill, which was referred to the Committee on To establish a District Public and Public Charter School Facilities Management Office and Officer, and to transfer as of October 1, 2004, all authority over and responsibility for all publicly owned or controlled current and former school buildings and school administrative buildings from the office of the Mayor, the District of Columbia Board of Education (Board, BOE), and the Office of Property Management (OPM) to the District Public and Public Charter School Facilities Management Office. BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, that this act may be cited as the "District Public and Public Charter School Facilities Management Officer Establishment Act of 2004." Sec. 2. Establishment of the District Public and Public Charter School Facilities Management Officer. (a) There is established a Public and Public Charter School Facilities Management Officer (PSFMA). (b) The Public and Public Charter School Facilities Management Officer shall be appointed by the Mayor with the advice and consent of the Council in accordance with section 2(a) of the Confirmation Act of 1978. The Officer shall serve a 4-year term and shall only be removed from the office for cause. (c) The Public and Public Charter School Facilities Management Officer shall oversee the functions and activities of the District Public and Public Charter School Facilities Management Office. Sec. 3. Responsibilities of the District Public and Public Charter School Facilities Management Office. (a) There is created the District Public and Public Charter School Facilities Management Office in the executive branch. (b) The District Public and Public Charter School Facilities Management Office shall oversee the functions and activities required to maintain the physical facilities used to provide education to students in the District's public and public charter schools. (c) Effective October 1, 2004, the District Public and Public Charter School Facilities Management Office shall be responsible for making independent recommendations to the Council Committee on Education, Libraries and Recreation for managing and administering the costs of providing school facility functions, including those listed in
(d) The District Public and Public Charter School Facilities Management Office shall be the repository of all official agreements, records and documents associated with collocation of facility utilization between the District of Columbia Public Schools and Public Charter Schools. (e) All District of Columbia Public Charter Schools shall file a certified copy of their facility plan, including all contracts for classroom and administrative space, security, and recreation space, with the District Public and Public Charter School Facilities Management Office. (f) On or before February 1 of each year, the Public and Public Charter School Facilities Management Officer, or any successor agency which shall perform its property management functions, shall provide a report to the Council delineating the status of the facilities used to educate students in the Public and Public Charter Schools. The report shall:
(g) Limitations. The FMO shall not have the power to close or consolidate existing public school facilities unless explicitly authorized by resolution of the Council. Sec. 4. Transfer of the District of Columbia Public Schools Office of Facility Management and District of Columbia Office of Realty to the District Public and Public Charter School Facilities Management Office. (a) All positions, personnel, property, records and unexpended balances of appropriations, allocations and other funds available or to be made available to the Superintendent of Schools that support the buildings, other real estate, property management, facility management, janitorial services, construction and capital improvement functions of the District of Columbia Public Schools, are hereby transferred to the Public and Public Charter School Facilities Management Office. (b) All of the powers, duties, and functions delegated to the Mayor regarding those activities concerning the planning, construction, utilization, sale, surplus and disposition of the District of Columbia Public and Public Charter Schools are hereby transferred to the Public and Public Charter School Facilities Management Office. Sec. 5. PSFMA Notes and Bonds. (a) The PSFMA shall have the power and is hereby authorized from time to time to issue its negotiable bonds and notes in such principle amount as, in the opinion of the PSFMA, shall be necessary, to provide sufficient funds to achieve its purposes, including the construction, acquisition, reconstruction, rehabilitation, or improvement of public schools or the school portion of combined occupancy structures, the payment of interest on bonds and notes of the PSFMA, establishment of reserves to secure such bonds and notes, and all other expenditures of the PSFMA incident to and necessary or convenient to carry out the purposes and powers of the PSFMA. (b) The PSFMA shall have the power, to issue renewal notes, to issue bonds to pay notes, and whenever it deems refunding expedient, to refund and bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any other purposes. The refunding bonds shall be sold and the proceeds applied to the purchase, redemption, or payment of the bonds to be refunded. (c) Except as may otherwise be expressly provided by the PSFMA, every issue of its notes or bonds shall be general obligations of the Authority payable out of any revenues or monies of the Authority, subject only to any agreements with the holders of particular notes or bonds pledging any particular receipts or revenues; (d) The notes and bonds of the PSFMA shall be and hereby are negotiable instruments, subject only to the provisions of the notes or bonds for registration. (e) The notes and bonds of the PSFMA shall be authorized by resolution of the trustees, shall bear such date or dates, and shall mature at such time or times, in the case of any such note, or any renewals thereof, not exceeding five years, from the date of issue of such original note, and in the case of any such bond not exceeding forty years, from the date of issue, as such resolution or resolutions may provide. The notes and bonds shall bear interest at such a rate or rates, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places and be subject to such terms of redemption as such resolution or resolutions may provide. The notes and bonds of the PSFMA may be sold by the PSFMA, at public or private sale, at such price or prices as the PSFMA shall determine. No notes or bonds of the PSFMA may be sold by the PSFMA at private sale, unless such sale and the terms thereof have been approved by the Mayor. (f) Any resolution or resolutions authorizing any notes or bonds or any issue thereof may contain provisions, which shall be a part of the contract with the holders thereof, as to:
(g) Any pledge made by the PSFMA shall be valid and binding from the time when the pledge is made, moneys and property so pledged and there after received by the PSFMA shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the PSFMA, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need to be recorded. (h) Neither the trustees of the PSFMA nor any person executing the notes or bonds shall be liable personally on the notes or bonds or be subject to any personal liability or accountability by reason of the issuance thereof; (i) The PSFMA, subject to such agreements with note holders or bondholders as then may exist, shall have the power out of any funds available therefore to purchase notes or bonds of the PSFMA, which shall thereupon be cancelled, at a price not exceeding:
Sec. 6. Fiscal Impact. The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813: D.C. Official Code § 1-206.02(c)(3)). Sec. 7. This act shall take effect following approval by the Mayor (or in the event of a veto by the Mayor, action by the Council to override the veto), a 30 day period of Congressional review as provided in section 692(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code sec. 1-206.02(c)(1)), and publication in the District of Columbia Register. Talking Points:1) Creation of a new office within the office of the mayor. Duties will be facilities management of DCPS facilities. Issues:1. Will duties include DC Public Charter School Matters? 2. Relationship of Office to Office of Property Management? 3. Relationship of Office to Office of Contracting & Procurement? 4. Relationship of Office to Superintendent? 5. Power of office on issue of co-location of facilities (i.e. DCPS and DCPCS or DCPS and Parks and Recreation) 1 6. Reports from Office to Council (suggested language inserted in bill) 7. Title of Office? 8. Independence of Office: Like OCFO, OCP, OCTO? 9. Ability of Office to Self-Finance: Like HFA, DCHCD? (I left the language on notes and bonds alone just focused on operational duties in this draft). 10. Staffing limits? See Section 2005 of budget support act, page 48. The technical assistance from GSA may support having limited staff in the office. 11. Contracting out (yes/no): are there any functions that are or are/not available for contracting out by this new entity. 12. Union issues. |
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