SECTIONS 53290-53293 - California Statutes

GOVERNMENT CODE

SECTION 53290-53293

53290. As used in this article:
(a) "Local agency" means city, county, or district.
(b) "Legislative body" means the board of supervisors in the case
of a county or a city and county, the city council or board of
trustees in the case of a city, and the board of directors or other
governing body in the case of a district.

53291. Notwithstanding any law to the contrary, whenever a local
agency takes over or assumes any of the functions of another local
agency under a law which provides that all or any employees of such
other local agency become employees of the local agency assuming the
function, the governing body of the local agency assuming the
function may prescribe the qualifications and conditions under which
such employees will become employees of the local agency. Any
employees who do not meet such qualifications or conditions shall not
become employees of the local agency.

53292. (a) Whenever a special district or joint powers agency that
provides fire protection or a city fire department is dissolved or
the area it serves is decreased by reason of a consolidation, merger,
incorporation, annexation, or contract, and the district, joint
powers agency, or city fire department taking over the duties of the
dissolved or decreased district, joint powers agency, or department
decides to hire additional firefighters, it shall give first choice
for the positions to be filled to firefighters employed by the
dissolved or decreased district, joint powers agency, or department.
As nearly as possible, the firefighters who are hired shall be given
positions with a rank comparable to that which they held in the
dissolved or decreased district, joint powers agency, or department.
No firefighter shall be hired who is over the mandatory retirement
age of the district, joint powers agency, or city fire department
which is taking over the duties of the dissolved or decreased
district, joint powers agency, or department.
(b) Notwithstanding any other provision of law, where firefighters
are hired as a result of the consolidation, merger, incorporation,
annexation, or contract, the seniority or other employment rights of
the employees of the district, joint powers agency, or fire
department taking over the duties of the dissolved or decreased
district, joint powers agency, or department shall not be impaired as
a result of the consolidation, merger, incorporation, annexation, or
contract, except as otherwise agreed upon in a county, other than a
county of the first class, in a memorandum of understanding with each
employee organization, which has been recognized pursuant to Chapter
10 (commencing with Section 3500) of Division 4 of Title 1, and
which represents employees of the district, joint powers agency, or
department taking over the duties of the dissolved or decreased
district, joint powers agency, or department who are in classes
affected by the consolidation, merger, incorporation, annexation, or
contract.

53293. No agency of the state, formed pursuant to general law or
special act, for the local performance of governmental or proprietary
functions within limited boundaries and which has as its primary
function the control and conservation of floodwaters, shall contract
to provide engineering or surveying services, as defined by Chapter 7
(commencing with Section 6700) and Chapter 15 (commencing with
Section 8700), respectively, of Division 3 of the Business and
Professions Code, except with another governmental agency whose
boundaries encompass all or a portion of the agency performing the
services, or where the agencies have a mutual interest in the project
or area of service for which such engineering or surveying services
are to be performed.
The provisions of this section shall not be applicable to any
contract executed by any such agency prior to the effective date of
this section.