Chapter 2Governing Body
Section § 170010
This statute explains the composition of a board of directors, made up of nine voting members, appointed through different authorities within San Diego. Three members are appointed by the Mayor of San Diego, two of whom need City Council confirmation, and at least one must be an elected city official. Two more are appointed by the Chair of the County’s Board of Supervisors with confirmation needed, including one board member. Other members are selected at public meetings by the mayors of San Diego’s various subregions (east county, north county coastal, north county inland, and south county cities), requiring a majority vote. At least one appointee per subregion must be a city council member or resident. Public meetings must be announced and run under the Brown Act regulations, ensuring transparency.
Additionally, the board includes nonvoting, noncompensated ex officio members appointed by the Governor, such as the District Director of the Department of Transportation and a representative from the Department of Finance. The board can further expand to include representatives from military entities like the Navy or Marine Corps, who may also appoint alternates. Finally, the Mayor appoints the chair of the authority board from among the nine voting members.
Section § 170011
This law explains how board members of a specific agency are appointed and how they begin their terms. Members typically serve a three-year term but can continue until a replacement is appointed. They start their term on February 1, unless they're appointed later, in which case they start immediately. If a board member is there because of another public office and loses that position, they also lose their board seat, creating a vacancy. Any vacancies must be quickly filled as outlined in the Government Code, and the new appointee will serve the rest of the original term.
Section § 170012
This law specifies that at the first board meeting after February 1 of every even-numbered year, the board of directors must elect officers, except for the chair, who is appointed by the Mayor of San Diego. The roles include a chair and vice chair, among any others the board decides to create. The chair leads the meetings, and the vice chair steps in if the chair can't. The board can create other positions, but a board member can't hold more than one office at a time.
Section § 170013
This law describes the governance structure for an authority in San Diego County. A board of directors oversees the authority and sets its policies, which are implemented by a chief executive officer. The board members are expected to act independently, prioritizing the public interest over local politics.
The board includes an executive committee of three members, selected from specific categories based on appointments by various officials. The executive committee also includes the board chair, vice chair, and a third member from different categories, all chosen by board vote.
Additionally, the board is responsible for appointing a seven-member audit committee, which combines board directors and public members.
Section § 170014
This law outlines the procedures and rules for board meetings of a specific authority, starting with their requirement to follow the Ralph M. Brown Act, which ensures open public meetings. For any meeting to conduct business, more than half of the board's members must be present (a quorum).
The board can only make decisions through ordinances, resolutions, or motions, needing both a simple majority (at least five votes) and a weighted majority (at least 51 vote points). Vote points, totaling 100, are distributed among jurisdictions like San Diego city and county based on population, and must be recalculated each year.
Special voting rules apply to submit ballot measures, requiring a two-thirds majority both numerically and by weighted vote. The board must also keep detailed records of its activities, adopt rules for proceedings, and set various operational policies including ethics and financial guidelines.
Section § 170016
This law section allows the board of directors to make and enforce rules for how their facilities and services are used. If someone breaks a rule, they could be charged with a misdemeanor or a lesser offense (infraction) depending on the situation. Violations can be resolved through an administrative process, which might result in a civil penalty if the rule-breaking is confirmed. Additionally, the authority can hire staff to ensure these rules are followed.
Section § 170017
This law details how board members of a certain authority can be compensated for their work. Members may earn up to $200 per day for attending meetings or events, but not more than for eight days a month. They need to be present for at least half of a meeting's duration to qualify for payment. The board can vote to change this pay rate, and the chairperson may receive an additional $500 a month. Members can also be reimbursed for travel expenses, with specific guidelines outlined. However, they cannot get other benefits like health insurance unless they pay for it themselves. Additionally, they can choose to forgo these compensations entirely. 'Day of service' includes attending or representing the authority at approved events, meetings, or training, with a required follow-up report to the board.
Section § 170018
This section establishes an audit committee within the board of directors to oversee the financial and operational integrity of the organization. The committee includes voting public members who serve three-year terms and are selected from specific professional backgrounds, such as finance, engineering, or environmental justice. Nonvoting members can also join as advisers.
The committee's job is to ensure transparency and accountability through regular meetings—at least four times a year. They review internal controls, financial reports, and operational efficiency, and provide oversight on audits. The committee also recommends external auditors and considers auditor rotation to maintain independence.
Important decisions, like approving internal and external audits or financial plans, require a majority vote from the committee members.
Section § 170024
This section allows the board of directors of a specific authority to enroll employees in a retirement system like the California Public Employees’ Retirement System (CalPERS) if the employees' union agrees. If enrolled in CalPERS, employees can benefit from retirement plans they were involved in before. It ensures that employees who shift from another retirement system will receive the same benefits immediately after joining CalPERS or a new system as they did before the transition.
Section § 170026
This law outlines the responsibilities of the board of directors regarding executive employee appointments for a particular authority. They must appoint a chief executive officer, general counsel, and auditor. The chief executive officer's duties include implementing board policies, managing employee-related matters like hiring and discipline, and overseeing the authority's facilities, services, and finances.