At the first governing board meeting in January of each year, the governing board shall select a chairperson who shall preside at all meetings, and a vice chairperson, who shall preside in the absence of the chairperson. In the event of the absence of the chairperson and the vice chairperson, the members present, by an order entered into the minutes, shall select one of the members present to act as chairperson pro tempore, who, while so acting, has all of the authority of the chairperson.
Chapter 3Administration
Section § 35130
Every January, the governing board must choose a chairperson and a vice chairperson. The chairperson runs all meetings, while the vice chairperson takes charge if the chairperson is absent. If both are absent, the board members present can choose one among them to temporarily act as chairperson, who will have the same authority as the regular chairperson during that time.
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Section § 35131
This law requires the governing board to create rules for how they conduct their meetings and make decisions, but these rules must follow state laws.
The governing board shall adopt rules for its proceedings consistent with state law.
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Section § 35132
This law section states that more than half of the members of a governing board must be present to make decisions or conduct official business. To approve any action, most of the board members must agree, unless there are different rules stated elsewhere in the relevant division.
A majority of the members of the governing board constitute a quorum for the transaction of business. All official acts of the authority require the affirmative vote of a majority of the members of the governing board, unless otherwise provided in this division.
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Section § 35133
This section means that any decision or action taken by the authority must be officially stated through a motion, resolution, or ordinance approved by its governing board.
The acts of the authority shall be expressed by motion, resolution, or ordinance of its governing board.
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Section § 35134
This law section mandates that all meetings of the governing board must follow the rules set out in Chapter 9 of the Government Code, which includes laws about public meetings and open government.
All meetings of the governing board shall be conducted pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code.
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Section § 35135
The governing board must create an annual budget after a public hearing and can hire its own staff and set their pay. They need to establish rules and roles for their officers and employees and outline how the organization will run. Additionally, they must have an accountant audit their finances each year. Finally, they should do whatever is needed to fulfill their duties under this division.
The governing board shall do all of the following:
(a)CA Public Resources Code § 35135(a) Adopt an annual budget following the public hearing required under Section 35136, hire an independent staff of its own, and fix the compensation of its officers and employees.
(b)CA Public Resources Code § 35135(b) Adopt an administrative code, by ordinance, which prescribes the powers and duties of the authority officers, the method of appointment of the authority’s employees, and methods, procedures, and systems of operation and management of the authority.
(c)CA Public Resources Code § 35135(c) Cause a postaudit of the financial transactions and records of the authority to be made at least annually by a certified public accountant.
(d)CA Public Resources Code § 35135(d) Do any and all things necessary to carry out the purposes of this division.
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Section § 35136
This law requires that a public notice must be given about the time and place for a public hearing on the adoption of the annual budget. This notice has to be published according to specific rules and at least 30 days before the hearing. Additionally, the proposed budget must be made available for the public to review at least 30 days in advance of the hearing.
(a)CA Public Resources Code § 35136(a) Notice of the time and place of the public hearing for the adoption of the annual budget shall be published pursuant to Section 6061 of the Government Code, and shall be published not later than 30 days prior to the date of the hearing.
(b)CA Public Resources Code § 35136(b) The proposed annual budget shall be available for public inspection at least 30 days prior to the hearing.
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Section § 35137
This law allows an authority to make a deal with the Public Employees’ Retirement System so their employees can join the same retirement plan as state workers. Eligible employees will receive the same retirement benefits that state employees do.
The authority may enter into a contract with the Board of Administration of the Public Employees’ Retirement System to include the employees of the authority in that retirement system who are eligible for membership therein, and the employees shall be entitled to the same benefits as state employees pursuant to Part 5 (commencing with Section 22750) of Division 5 of Title 2 of the Government Code.
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