SECTIONS 4171 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 4171

4171. (a) Notwithstanding any other provision of law, the 50th
District Agricultural Association, with the consent of the secretary,
may enter into a joint powers agreement pursuant to Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 of the
Government Code for the purpose of creating a joint powers agency to
operate, maintain, and improve the facilities and functions of the
50th District Agricultural Association. This joint powers agency's
duties shall include planning, designing, and constructing real
property improvements, including new construction, alteration,
extension, betterment, and repair, and purchasing fixed and movable
equipment related to the facilities and functions of the 50th
District Agricultural Association.
(b) The joint powers agency may accept the donation of, acquire,
own, sell, or lease real property, and may pledge its property or
revenue for the sale of bonds to construct, equip, and furnish the
facilities, parking facilities, and any betterments, improvements,
and facilities related thereto.
(c) The joint powers agency may make and enter into contracts and
employ agents and employees. The joint powers agency may manage,
maintain, and operate the facilities, or may enter into management
contracts for the operation of the facilities. The planning,
designing, and constructing of these improvements, and the agency's
other duties, as specified in this section, shall be undertaken in
accordance only with those restrictions applicable to the joint
powers agency.
(d) Prior to the commencement of the joint powers agreement, the
parties to the agreement and the department shall ensure that every
employee in the civil service of the 50th District Agricultural
Association is provided with the option of continuing his or her
employment with the state, or of accepting a position as an employee
of the joint powers agency.
(1) With respect to an employee who chooses to continue his or her
employment with the state, the employee shall continue to be subject
to all of the provisions governing civil service employees, and,
additionally, all of the following shall apply:
(A) The joint powers agency shall contract with the department for
the services of the employee, consistent with his or her civil
service classification and status.
(B) The employee has the right to continue to provide services to
the joint powers agency pursuant to that contract during the time the
employee continues in the civil service classification he or she
held at the time of the employee's election.
(2) With respect to an employee who chooses to leave his or her
employment with the state and become an employee of the joint powers
agency, those employees are not employees of the state, and are not
subject to the requirements of Chapter 10.3 (commencing with Section
3512) and Chapter 10.5 (commencing with Section 3525) of Division 4
of Title 1 of the Government Code.
(3) If a position filled by a civil service employee pursuant to
contract with the department becomes vacant, the joint powers agency
may fill the position with a non-civil-service employee.
(e) If the joint powers agency contracts with another entity for
the operation or management of the facilities, the requirements of
subdivision (d) shall apply to the new entity prior to commencement
of any agreement.
(f) The State of California is not liable for any debts,
liabilities, settlements, liens, or any other obligations incurred by
or imposed upon the joint powers agency. The joint powers agreement
executed pursuant to this section shall expressly provide that the
General Fund and the Fair and Exposition Fund shall be held harmless
from all debts, liabilities, settlements, judgments, or liens
incurred by the joint powers agency, and that neither the state nor
any agency or division thereof shall be liable for any contract,
tort, action or inaction, error in judgment, mistake, or other act
taken by the joint powers agency, or any of its employees, agents,
servants, invitees, guests, or anyone acting in concert with, or on
the behalf of, the joint powers agency.