The board at its first meeting, and thereafter annually at the first meeting in January, shall elect a vice chair who shall preside in the absence of the chair. In the event of the absence or inability to act by the chair or vice chair, the chair pro tempore shall preside.
Chapter 3Administration
Section § 120100
This law states that during its first meeting, and then every year at the first meeting in January, the board must elect a vice chair. The vice chair will lead meetings when the chair isn't there. If both the chair and vice chair are absent or unable to perform their duties, a temporary chair (chair pro tempore) will take over.
board meeting elect vice chair January meeting presiding officer absence of chair vice chair duties chair pro tempore annual election temporary presiding officer leadership succession board governance meeting protocols chair absence vice chair role governance structure
Section § 120101
This law states that the board must create rules that guide how it conducts its meetings and decision-making processes.
The board shall establish rules for its proceedings.
board proceedings establish rules meeting guidelines decision-making processes rules for proceedings board rules procedural guidelines conduct of meetings board governance board decision rules
Section § 120102.5
This section explains how the board responsible for transit decisions in the San Diego area conducts its voting. A majority of board members must be present to make decisions, but sometimes a weighted vote can be requested by two jurisdictions. In a weighted vote, the County of San Diego and each city have a total of 100 votes, except San Diego city, which gets a set number of weighted votes. For a decision to pass with a weighted vote, representatives from at least three different areas must support it, making up over 51% of the total weighted votes.
When issues needing more than a majority vote of the board are contested, they also require a supermajority of the weighted votes. Population figures used for these votes are based on specific unincorporated areas within the county. The board is responsible for creating a policy to guide these procedures.
(a)CA Public Utilities Code § 120102.5(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 the members of any two jurisdictions.
(b)CA Public Utilities Code § 120102.5(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, except in the case of the City of San Diego. Each of the four representatives of the City of San Diego shall exercise 121/2 weighted votes, for a total of 50 votes. The representatives
for the City of Chula Vista shall split the votes allocated to that city evenly among its representatives.
(c)CA Public Utilities Code § 120102.5(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 § 120102.5(d) If 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 § 120102.5(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 transit development board pursuant to Section 120054.
(f)CA Public Utilities Code § 120102.5(f) The board
shall adopt a policy and procedure to implement this section.
board quorum weighted voting San Diego representation votes apportionment population-based voting County of San Diego City of San Diego weighted votes supermajority requirement jurisdiction representation voting policy transit development board vote distribution quorum requirements city representatives unincorporated area population
Section § 120103
This law section states that any actions or decisions made by the board have to be presented and approved through a formal process, specifically by motion, resolution, or ordinance.
The acts of the board shall be expressed by motion, resolution, or ordinance.
board actions formal process motion resolution ordinance board decisions express board acts decision-making process board governance formal approval methods
Section § 120104
This law section states that all meetings of the board must follow the rules outlined in the Ralph M. Brown Act. This Act sets several guidelines for how local government meetings are conducted, emphasizing transparency and public access.
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).
board meetings Ralph M. Brown Act meeting guidelines public access transparency open meetings local government meeting conduct meeting regulations government transparency California public meetings meeting laws public participation government code 54950 board transparency
Section § 120105
The board is responsible for key decisions and management of public mass transit guideways. This includes deciding how to operate the transit systems and determining how to finance them. The board must establish an annual budget, determine salaries, and create an administrative code to outline board functions and employee duties. It is also required to conduct annual financial audits by a certified public accountant, make laws and regulations for transit operations, and appoint advisory commissions as necessary. Additionally, the board has to ensure all necessary actions are taken to fulfill its responsibilities.
The board shall perform the following duties:
(a)CA Public Utilities Code § 120105(a) Determine whether to operate exclusive public mass transit guideways or to let contracts for their operation in conformity with state labor laws and subdivision (d) of Section 120508.
(b)CA Public Utilities Code § 120105(b) Determine the means to finance the operation of public mass transit guideways.
(c)CA Public Utilities Code § 120105(c) Adopt an annual budget and fix the compensation of its officers and employees.
(d)CA Public Utilities Code § 120105(d) Adopt an administrative code, by ordinance, that shall prescribe the powers and duties of board officers, the method of appointment of board employees, and methods, procedures, and systems of operation and management of the board. The administrative code shall also provide for, among other things, the appointment of a general manager or chief executive officer, and the organization of the employees of the board into units for finance and administration, planning and operations, property acquisition and management, and community relations, and other units as the board deems necessary.
(e)CA Public Utilities Code § 120105(e) Cause a postaudit of the financial transactions and records of the board to be made at least annually by a certified public accountant.
(f)CA Public Utilities Code § 120105(f) Adopt all ordinances and make all rules and regulations proper or necessary to regulate the use, operation, and maintenance of its property and facilities, including its public transit systems and related transportation facilities and services operating within its area of jurisdiction, and to carry into effect the powers granted to the board.
(g)CA Public Utilities Code § 120105(g) Appoint such advisory commissions as it deems necessary.
(h)CA Public Utilities Code § 120105(h) Do any and all things necessary to carry out the purposes of this division.
public mass transit guideway operation state labor laws contracts for transit financing transit annual budget employee compensation administrative code general manager chief executive officer financial audits ordinances and regulations transportation facilities advisory commissions
Section § 120105.5
This law requires that the board must hire a general manager or CEO who has experience in running, planning, and developing urban mass transit systems.
The board shall appoint a general manager or chief executive officer with experience in the management, planning, and development of urban mass transportation systems.
board appointment general manager chief executive officer urban mass transportation experience requirement management experience planning experience development experience transit system expertise urban transportation systems CEO qualifications transport executive experience public transportation leadership transit management skills public transit expertise
Section § 120106
This section requires that a notice for the public hearing about the adoption of the annual budget be published at least 15 days before the hearing. Additionally, the proposed annual budget must be available for public viewing at least 15 days before the hearing takes place.
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 notice publication 15-day prior notice budget inspection public viewing hearing schedule budget transparency public participation Government Code Section 6061 hearing announcement budget proposal access pre-hearing requirements public hearing timeline budget disclosure
Section § 120107
Board members, including alternates filling in, get paid for attending board and committee meetings, but not for more than six committee meetings per quarter. They can also be reimbursed for reasonable expenses related to their duties. The board can also decide to pay members for attending meetings of other public groups, if they pass a resolution to do so. To set the compensation amounts, the board must hold a public hearing and pass an ordinance.
(a)CA Public Utilities Code § 120107(a) Each member of the board, including alternate members appointed pursuant to Section 120051.6 when serving in the absence of a regular member, shall be compensated for each day the member attends meetings of the board and committees of the board, not to exceed six committee meetings in any one quarter, and for his or her necessary and reasonable expenses in performing his or her duties as a board member.
(b)CA Public Utilities Code § 120107(b) In addition, the board may, by resolution, authorize and designate members and alternates to be compensated for representing the board by attendance at specified meetings of other governmental entities and public agencies.
(c)CA Public Utilities Code § 120107(c) The board shall, by ordinance, after a public hearing, fix the amounts of compensation payable pursuant to subdivisions (a) and (b).
board member compensation committee meeting attendance alternate members reasonable expenses reimbursement other governmental meetings public hearing requirement compensation ordinance specified meetings public agencies resolution authorization compensation limits board duties expenses attendance allowance quarterly meeting limit government entity representation
Section § 120108
This law requires the board to keep financial records following the standards set by the Government Accounting Standards Board (GASB). These records must be used for public reports and reports to the Controller. If the board owns or controls a nonprofit or other entity that runs a public transit system, its financial activities must be separately reported in the board’s annual report to the Controller.
The board shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles as adopted by the Government Accounting Standards Board (GASB) of the Financial Accounting Foundation for both public reporting purposes and for reporting of activities to the Controller. The activities of any nonprofit corporation or other legal entity wholly owned or controlled by the board and operating a public transit system shall be reported separately in the board’s annual report to the Controller.
accounting records Government Accounting Standards Board GASB Financial Accounting Foundation public reporting annual report Controller nonprofit corporation legal entity public transit system separate reporting board activities accounting principles financial reporting
Section § 120109
Whenever a board considers or adopts a new ordinance or changes an existing one, it must publish the details in a newspaper that serves the local area. They can either publish a summary or, if that's not possible, a larger advertisement. This needs to happen at least five days before the board meeting and then again within 15 days after the ordinance is adopted. The publication should include the names of board members who supported or opposed it. A complete copy of the ordinance should be available at the clerk's office.
(a)CA Public Utilities Code § 120109(a) The clerk of the board shall cause a proposed ordinance or proposed amendment to an ordinance, and any ordinance adopted by the board, to be published at least once, in a newspaper of general circulation published and circulated in the board’s area of jurisdiction.
(b)CA Public Utilities Code § 120109(b) The publication of an ordinance, as required by subdivision (a), may be satisfied by either of the following actions:
(1)CA Public Utilities Code § 120109(b)(1) The board may publish a summary of a proposed ordinance or proposed amendment to an ordinance. The summary shall be prepared by a person designated by the board. The summary shall be published and a certified copy of the full text of the proposed ordinance or proposed amendment shall be posted in the office of the clerk of the board at least five days prior to the board meeting at which the proposed ordinance or amendment is to be adopted. Within 15 days after adoption of the ordinance or amendment, the board shall publish a summary of the ordinance or amendment with the names of those board members voting for and against the ordinance or amendment and the clerk shall post in the office of the clerk a certified copy of the full text of the adopted ordinance or amendment along with the names of those board members voting for and against the ordinance or amendment.
(2)CA Public Utilities Code § 120109(b)(2) If the person designated by the board determines that it is not feasible to prepare a fair and adequate summary of the proposed ordinance or amendment, and if the board so orders, a display advertisement of at least one-quarter of a page in a newspaper of general circulation in the board’s area of jurisdiction shall be published at least five days prior to the board meeting at which the proposed ordinance or amendment is to be adopted. Within 15 days after adoption of the ordinance or amendment, a display advertisement of at least one-quarter of a page shall be published. The advertisement shall indicate the general nature of, and provide information regarding, the adopted ordinance or amendment, including information sufficient to enable the public to obtain copies of the complete text of the ordinance or amendment, and the names of those board members voting for and against the ordinance or amendment.
ordinance publication board meeting preparation summary of ordinance advertisement of ordinance newspaper circulation board member votes full text availability clerk office posting general circulation display advertisement ordinance adoption public notification local jurisdiction feasibility of summary compliance with publication
