SECTIONS 66540.12-66540.25 - California Statutes

GOVERNMENT CODE

SECTION 66540.12-66540.25

66540.12. (a) The authority shall be governed by a board composed
of five members, as follows:
(1) Three members shall be appointed by the Governor, subject to
confirmation by the Senate. The Governor shall make the initial
appointment of these members of the board no later than January 11,
2008.
(2) One member shall be appointed by the Senate Committee on
Rules.
(3) One member shall be appointed by the Speaker of the Assembly.
(b) Each member of the board shall be a resident of a county in
the bay area region.
(c) Public officers associated with an area of government,
including planning or water, whether elected or appointed, may be
appointed to serve contemporaneously as members of the board. A
public agency shall not have more than one representative on the
board of the authority.
(d) The Governor shall designate one member as the chairperson of
the board and one member as the vice chairperson of the board.
(e) The term of a member of the board shall be six years.
(f) Vacancies shall be filled immediately by the appointing power
for the unexpired portion of the terms in which they occur.

66540.13. A member may be removed only for cause or incapacity and
only by the appointing authority.

66540.14. A member may be reappointed to serve additional terms.

66540.15. The board members shall serve without compensation, but
shall receive reimbursement for actual and necessary expenses
incurred in connection with the performance of their duties. However,
in lieu of this reimbursement for attendance at board meetings, each
member of the board may receive a per diem of one hundred dollars
($100), but not to exceed a combined total of five meetings in any
one calendar month, plus reasonable expenses as may be authorized by
the board. The authority shall pay all costs pursuant to this
section.

66540.16. (a) The board shall have the power to appoint all of the
following officers of the authority:
(1) Executive director.
(2) General counsel.
(3) Chief financial officer.
(b) The executive director shall be responsible for operation,
maintenance, financing, and planning functions, within the policy
guidelines established by the board. The executive director shall
prepare and submit an annual budget to the board. The executive
director shall have the authority to execute contracts, grant
documents, and financing documents under the policy guidelines that
may be established by the board. The executive director shall appoint
all other officers and employees.

66540.17. The board may do all of the following:
(a) Create committees from its membership.
(b) Appoint advisory committees from other interested public and
private groups.
(c) Contract for or employ any professional services required by
the authority or for the performance of work and services which in
the board's opinion cannot satisfactorily be performed by its
officers and employees.
(d) Do any and all other things necessary to carry out the
purposes of this title.

66540.18. (a) The chair of the board shall do all of the following:
(1) Prepare the agenda for each meeting of the board.
(2) Preside over all meetings of the board, including, but not
limited to, setting the dates and times of meetings, declaring the
opening and closing of each proceeding of the board, ruling on points
of order, regulating the individuals that, except for board members,
may address the board at its meetings, and putting issues to the
vote and announcing decisions following those votes.
(3) Appoint board members to committees and serve as an ex officio
member of all committees.
(4) Propose the annual budget for the authority.
(5) Sign all orders issued by the board and contracts and grant
documents as approved by the board.
(6) Represent the authority at all proceedings. The chair may
appoint individuals to represent the board on other boards or
commissions, subject to ratification by the board. Appointees serve
at the pleasure of the board and those appointments will be subject
to review by the board at least once every two years.
(7) Have such other powers and duties as may be prescribed from
time to time by the board.
(b) The chair may delegate any of the powers described in this
section, other than the power to delegate, to any member of the
board.
(c) In the absence or disability of the chair of the board, the
vice chair shall perform all of the duties of the chair and, in so
acting, shall have all the powers of the chair. The vice chair shall
have such other powers and perform such other duties as may be
prescribed from time to time by the board.

66540.19. (a) The time and place of the first meeting of the board
shall be at a time and place within the bay area region fixed by the
chair of the board, but no later than April 1, 2008.
(b) After the first meeting described in subdivision (a), the
board shall hold meetings at times and places determined by the
board.
(c) Meetings of the board are subject to the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5).

66540.20. The board is the legislative body of the authority and,
consistent with the provisions of this title, shall determine all
questions of authority policy.

66540.21. The board shall determine what water transportation
services facilities should be acquired or constructed for the common
benefit of the bay area region as a whole.

66540.22. (a) The board shall supervise and regulate every water
transportation services facility owned, operated, maintained, or
controlled by the authority, including the establishment of rates,
rentals, charges, and classifications, and the making and enforcement
of rules, regulations, contracts, practices, and schedules, for or
in connection with any transportation facility owned, operated, or
controlled by the authority.
(b) If the board proposes to establish or change rates or
schedules for or in connection with a facility described in
subdivision (a), the board shall establish a process for taking
public input on those proposed rates, schedules, or changes and shall
conduct a public hearing prior to the adoption of those rates,
schedules, or changes. The board shall provide written notification
of the proposed rates, schedules, or changes to the city where the
ferry terminal affected by those rates, schedules, or changes is
located at least 30 days prior to the public hearing.

66540.23. (a) The board may act either by ordinance or resolution
in order to regulate the authority and undertake all acts necessary
and convenient for the exercise of the authority's powers.
(b) The board may adopt and enforce rules and regulations for the
administration, maintenance, operation, and use of the authority's
facilities and services, including, but not limited to, rates,
charges, and fees for those purposes.
(c) The board may employ necessary personnel to enforce the rules
and regulations adopted by the board pursuant to this section.

66540.24. (a) Three members of the board shall constitute a quorum
for the purpose of transacting any business of the board.
(b) Except as otherwise specifically provided to the contrary in
this title, a recorded majority vote of the total authorized
membership of the board is required on each action.

66540.25. The authority may do any and all things necessary to
carry out the purposes of this title.