The board at its first meeting, and thereafter annually at the first meeting in January, shall elect a chairman who shall preside at all meetings, and a vice chairman who shall preside in his absence. In the event of their absence or inability to act, the members present, by an order entered in the minutes, shall select one of their members to act as chairman pro tem, who, while so acting, shall have all of the authority of the chairman.
Chapter 3Administration
Section § 125100
This law states that the board must elect a chairman at their first meeting every year in January. The chairman will lead all meetings. They must also elect a vice chairman who will take the chairman’s place if they are absent. If both are unavailable, the members present at the meeting can choose someone to act as a temporary chairman with the same authority as the chairman.
board meeting chairman election vice chairman authority presiding officer annual election January meeting temporary chairman board members meeting leadership chairman pro tem absent chairman board governance election procedure PUC board structure
Section § 125101
This section of the law says that the board is responsible for creating rules for how it will conduct its meetings and make decisions.
The board shall establish rules for its proceedings.
board rules meeting procedures decision-making rules proceedings board governance establish rules conduct policies organizational procedures rule creation proceedings regulation procedural rules governance structure administrative rules decision process board meetings
Section § 125102
This law explains how voting works for the board in San Diego. A simple majority of board members is needed for most decisions. However, if two members request it, a more complex weighted voting system can be triggered. In this system, San Diego County and its cities share 100 total votes, split based on population. For a decision to change with weighted votes, at least three jurisdictions need to agree and hold 51% of the total weighted vote. If a decision requires more than a simple majority, the weighted vote must also meet the higher percentage needed. The board must also have policies to implement these rules.
(a)CA Public Utilities Code § 125102(a) A majority of the members of the board constitutes a quorum for the transaction of business. All official acts of the board require the affirmative vote of the majority of the members of the board present. However, after a vote of the members is taken, a weighted vote may be called by any two members.
(b)CA Public Utilities Code § 125102(b) In the case of a weighted vote, the County of San Diego and each city shall, in total, exercise 100 votes to be apportioned annually based on population.
(c)CA Public Utilities Code § 125102(c) Approval under the weighted vote procedure requires the vote of the representatives of not less than three jurisdictions representing not less than 51 percent of the total weighted vote to supersede
the original action of the board.
(d)CA Public Utilities Code § 125102(d) When a weighted vote is taken on any item that requires more than a majority vote of the board, it shall also require the supermajority percentage of the weighted vote.
(e)CA Public Utilities Code § 125102(e) For purposes of subdivision (b), the population of the County of San Diego is the population in the unincorporated area of the county within the area of jurisdiction of the board pursuant to Section 125052.
(f)CA Public Utilities Code § 125102(f) The board shall adopt a policy and procedure to implement this section.
board quorum weighted vote San Diego population city jurisdiction board voting procedure supermajority vote vote apportionment county and city voting board policies transaction of business affirmative board vote population-based voting jurisdiction representatives voting implementation policy
Section § 125103
This law states that any decision or action taken by the board must be formalized through a motion, resolution, or ordinance.
The acts of the board shall be expressed by motion, resolution, or ordinance.
board actions decision-making formal procedure motion resolution ordinance expression of acts board decisions governance process official actions public utilities formal decision board governance California board decision expression
Section § 125104
This law states that the board's meetings must be held according to the rules outlined in the Ralph M. Brown Act. This means meetings should be open to the public, allowing for transparency and public participation.
All meetings of the board shall be conducted in the manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950), Part 1, Division 2, Title 5 of the Government Code).
Ralph M. Brown Act board meetings public meetings meeting transparency open meetings public participation government meetings transparency requirements California open meeting laws public access meeting regulations board conducts meeting procedures public notice government transparency
Section § 125105
This section outlines the responsibilities of the board overseeing a public transit district. The board must manage the construction, maintenance, and operation of public transit systems, either directly or through contracts. They need to adopt a budget annually and set compensation for district employees and officers. Additionally, the board must create an administrative code that outlines the roles of district officers and employees and manage the district's operations. They are also required to conduct an annual audit by a certified accountant. The board can establish advisory commissions and take necessary actions to ensure the district operates effectively, including creating rules for transit system use and management. These rules also apply to areas served by the district through agreements with other agencies.
The board shall:
(a)CA Public Utilities Code § 125105(a) Acquire, construct, maintain, and operate (or let a contract to operate) public transit systems and related facilities.
(b)CA Public Utilities Code § 125105(b) Adopt an annual budget and fix the compensation of the district’s officers and employees.
(c)CA Public Utilities Code § 125105(c) Adopt an administrative code, by ordinance, that prescribes the powers and duties of district officers, the method of appointment of district employees, and methods, procedures, and systems of operation and management of the district.
(d)CA Public Utilities Code § 125105(d) Cause a postaudit of the financial transactions and records of the district to be made at least annually by a certified public accountant.
(e)CA Public Utilities Code § 125105(e) Appoint advisory commissions as it deems necessary.
(f)CA Public Utilities Code § 125105(f) Do any and all things necessary to carry out the purposes of this division, including, but not limited to, adopting all ordinances and making all rules and regulations proper or necessary to regulate the use, operation, and maintenance of the district’s property and facilities, including its public transit systems and related transportation facilities and services operating within its area of jurisdiction and those areas beyond its jurisdiction served by the district pursuant to contract or memorandum of agreement with another transit agency, and to carry into effect the powers granted to the district.
public transit systems board responsibilities budget adoption employee compensation administrative code financial audit advisory commissions transit operations facility management ordinances rules and regulations inter-agency agreements transportation facilities district management postaudit
Section § 125106
This law requires that a notice announcing the time and place of a public hearing to adopt the annual budget is published according to specific guidelines by at least 15 days before the hearing.
Additionally, the proposed annual budget must be available for the public to look at for at least 15 days before the hearing date.
Notice of 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 the 15th day prior to the date of the hearing.
The proposed annual budget shall be available for public inspection at least 15 days prior to the hearing.
public hearing notice annual budget adoption budget public inspection government transparency public access to budget hearing notification 15-day notice requirement budget proposal review Section 6061 early publication public participation inspection period government budget processes prior notice public accountability
Section § 125107
This law states that each board member, including any alternate acting in place of a member, earns $150 for each board meeting or other related meetings they attend. However, they can't receive more than $750 in total per month. Additionally, they will be reimbursed for any necessary and reasonable expenses incurred while performing their duties as a board member.
Each member of the board, including an alternate member appointed pursuant to Section 125051 when acting on behalf of the member, shall be paid one hundred fifty dollars ($150) for each meeting of the board or other meeting of a governmental entity the member or alternate attends, but not to exceed seven hundred fifty dollars ($750) in any month, and the necessary and reasonable expenses in performing the duties as a board member.
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