28-6356

28-6356. Citizens transportation oversight committee

A. A citizens transportation oversight committee is established in counties with a population of one million two hundred thousand or more persons and that have levied a transportation excise tax pursuant to section 42-6104 or 42-6105.

B. The citizens transportation oversight committee consists of the following members who are not elected officials of or employed by this state or any county, city or town in this state:

1. One member who serves as chairperson of the committee and who is appointed by the governor pursuant to section 38-211.

2. One member who represents each supervisorial district in the county and who is appointed by the board of supervisors. The board of supervisors shall consult with the mayors of each city and town located within each supervisorial district regarding appointments. At all times during the term, each member appointed pursuant to this paragraph shall legally reside in a different city or town located in the county. Members appointed pursuant to this paragraph shall have expertise in transportation systems or issues.

3. One member who resides in the county and who is appointed by the governor pursuant to section 38-211.

C. Members shall be appointed for terms of three years.

D. The chairperson shall also serve as:

1. A nonvoting member of the departmental committee established by section 28-6951 only for issues relating to the regional transportation plan. The chairperson may appoint a designee to attend meetings of the departmental committee.

2. A voting member of the governing body of the regional planning agency in the county for all matters relating to the regional transportation plan.

3. A voting member of the transportation policy committee of the regional planning agency under section 28-6308 in the county for all matters relating to the regional transportation plan.

E. The citizens transportation oversight committee shall meet at least once each calendar quarter.

F. The citizens transportation oversight committee shall:

1. Review and advise the board, the governor, the director, the governing body of the regional planning agency and the board of directors of the regional public transportation authority on matters relating to all projects funded pursuant to section 42-6104 and in the regional transportation plan.

2. Review and make recommendations regarding any proposed major amendment of the regional transportation plan by the governing body of the regional planning agency pursuant to section 28-6353.

3. Annually review and comment on the criteria developed pursuant to section 28-6354, subsection B.

4. Hold public hearings and issue public reports as it deems appropriate.

5. Annually contract with an independent auditor who is a certified public accountant to conduct a financial compliance audit of all expenditures from the regional area road fund and the public transportation fund and receive the auditor's report. The department shall reimburse the committee for the cost of this audit from the highway user revenue fund pursuant to section 28-6538, subsection B, paragraph 1.

6. In consultation with the auditor general, set parameters for the performance audit prescribed in section 41-1279.03, subsection A, paragraph 6 in the county, review the results of the auditor general's performance audit and make recommendations to the regional planning agency, the regional public transportation authority, the department, the speaker of the house of representatives, the president of the senate and the governor.

G. The committee may:

1. Receive written complaints from citizens regarding adverse impacts of any transportation project funded in the regional transportation plan, determine which complaints warrant further review and make recommendations to the state transportation board regarding the complaints.

2. Receive written complaints from citizens relating to the regional planning agency's responsibilities as prescribed in this chapter, determine which complaints warrant further review and make recommendations to the regional planning agency regarding the complaints.

3. Make recommendations to the regional planning agency, the regional public transportation authority and the state transportation board regarding transportation projects and public transportation systems funded in the regional transportation plan, the transportation improvement program, the department's five year construction program and the life cycle management program.

H. Failure by the citizens transportation oversight committee to act does not bar the governing body of the regional planning agency or the board of directors of the regional public transportation authority from taking action.

I. Members of the committee are not eligible to receive compensation or reimbursement for expenses.