SECTIONS 94120-94125 - California Statutes

EDUCATION CODE

SECTION 94120-94125

94120. (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.

94121. 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.

94123. 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.

94124. The authority shall maintain an office in the City of
Sacramento.

94125. 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.