Organization Of Authority And General Powers And Duties Thereof - California Educational Facilities Authority Act - CA Education

Section § 94120

This section establishes the California Educational Facilities Authority, a state entity responsible for carrying out essential public tasks related to educational facilities. The authority consists of five members: the Director of Finance, Controller, Treasurer (who acts as chairperson), and two members appointed by the Governor. The Governor's appointees must be linked to public and private higher education institutions. These members serve four-year terms, which are staggered initially for orderly term expiration.

Governor-appointed members can be removed for cause following a public hearing. Members do not receive salaries but may be reimbursed for necessary expenses. Every year by April 30th, a vice chairperson is elected from among the members. The Director of Finance can appoint someone to represent him or her at meetings.

(a) There is in the state government an authority known as the California Educational Facilities Authority. The authority constitutes a public instrumentality and the exercise by the authority of the powers conferred by this chapter shall be deemed and held to be the performance of an essential public function.

(b) The authority shall consist of five members: the Director of Finance, the Controller, the Treasurer, who shall serve as chairperson of the authority, and two members appointed by the Governor to serve for terms of four years; provided that the terms of the members first appointed shall be arranged by the Governor so that such terms shall expire on April 30 in different years. One of the members appointed by the Governor shall be affiliated with a public institution of higher education as a governing board member or in an administrative capacity and the other member shall be affiliated with a private institution of higher education as a governing board member or in an administrative capacity. Each member shall hold office for the term of his or her appointment and shall continue to serve during the term of his or her successor unless and until his or her successor shall have been appointed and qualified. Any vacancy among the members appointed by the Governor shall be filled by appointment for the unexpired term only. A member of the authority shall be eligible for reappointment.

(c) Any member of the authority appointed by the Governor may be removed from office by the Governor for cause after a public hearing.

(d) The members of the authority shall serve without compensation, but the authority may reimburse its members for necessary expenses incurred in the discharge of their duties.

(e) The authority, upon the first appointment of its members and thereafter on or after April 30 in each year, shall annually elect from among its members a vice chairperson who shall hold office until April 30 next ensuing and shall continue to serve during the term of his or her successor unless and until his or her successor shall have been appointed and qualified.

(f) The Director of Finance may designate a deputy or other official in the Department of Finance to act for him or her and represent him or her at all meetings of the authority.

California Educational Facilities Authority public instrumentality Director of Finance Controller State Treasurer Governor appointments higher education public institution private institution vice chairperson member terms reimbursement public hearing vacancy appointment essential public function

(Amended by Stats. 2008, Ch. 211, Sec. 2. Effective January 1, 2009.)

Section § 94121

This law section states that the powers of an authority are exercised by its current members. A majority of the total authorized members are needed to hold a valid meeting, and decisions can be made if the majority of those present agree. Even if there are vacancies within the authority, it does not affect the quorum's ability to function and make decisions unless otherwise specified by bylaws.

The powers of the authority shall be vested in the members thereof in office from time to time and a majority of the total authorized membership of the authority shall constitute a quorum at any meeting thereof. Action may be taken and motions and resolutions adopted by the authority at any meeting thereof by the affirmative vote of a majority of the members present, unless in any case the bylaws of the authority shall require a larger number. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.

authority quorum membership quorum majority vote decision-making process member vacancies affirmative vote resolution adoption bylaws requirements meeting quorum authority powers quorum rights duties of authority governance rules authority meetings quorum decisions

(Amended by Stats. 1979, Ch. 373.)

Section § 94123

This section explains that certain positions do not count as a conflict of interest. Firstly, if someone is a trustee, director, officer, or employee of a college or university and serves on a particular authority, it's not a conflict as long as they don't participate in decisions about their own institution. Secondly, it's not a conflict if an authority member is connected to a bank that works with the authority in financial roles, like managing bonds or funds.

Notwithstanding any other provision of law neither of the following is a conflict of interest:

(a) Service by a trustee, director, officer, or employee of a participating private college, public college, or public university as a member of the authority, provided that the trustee, director, officer, or employee abstains from discussion, deliberation, action, and vote by the authority under this chapter with respect to the participating private college, public college, or public university for which that member is a trustee, director, officer, or employee.

(b) Affiliation of a member of the authority with a bank that serves the authority as bond trustee, depository of funds, or in any other financial, advisory, or fiduciary capacity.

conflict of interest trustee service college trustee university trustee authority member financial affiliation bank affiliation bond trustee depository of funds fiduciary capacity participating private college public college public university abstain from discussion abstain from vote

(Amended by Stats. 2001, Ch. 569, Sec. 3. Effective January 1, 2002.)

Section § 94124

A government authority is required to have an office located in Sacramento, California.

The authority shall maintain an office in the City of Sacramento.

authority office location Sacramento office government office location mandated office location office requirement Sacramento specific office location California government office operational headquarters public authority office designated office city physical location requirement central office location Sacramento city requirement official presence in Sacramento

(Enacted by Stats. 1976, Ch. 1010.)

Section § 94125

This section allows the authority to hire an executive director and other necessary staff to perform its duties. The authority can also delegate tasks, such as signing contracts, to its members, executive director, or any other official or employee as deemed appropriate.

The authority may employ an executive director and such other persons as are necessary to enable it properly to perform the duties imposed upon it by this chapter. The authority may, by resolution, delegate to one or more of its members, its executive director, or any other official or employee of the authority any powers and duties that it may deem proper, including, but not limited to, the power to enter into contracts on behalf of the authority.

authority executive director staff hiring delegate tasks contract signing resolution powers and duties officials employees contractual authority duties delegation employment decision-making organization management operational efficiency

(Amended by Stats. 2008, Ch. 211, Sec. 3. Effective January 1, 2009.)