SECTIONS 11926-11942 - California Statutes

PUBLIC UTILITIES CODE

SECTION 11926-11942

11926. The board shall appoint and fix the salary of a general
manager, who shall have full charge and control of the construction
of the works of the district and of their maintenance and operation,
and also of the administration of the business affairs of the
district.

11927. All other things being equal, the board shall appoint as
general manager some person who has had experience in municipal
engineering or in the construction or management of public utilities.

11928. The general manager need not be a resident of this State at
the time of his appointment.

11929. The general manager shall hold office for an indefinite term
and may be removed by the board only upon the adoption of a
resolution by the affirmative vote of not less than three members of
the board of a five-ward district, or four members of the board of a
seven-ward district. Before the general manager may be removed, he
shall, if he demands it, be given a written statement of the reasons
alleged for his removal and he shall have the right to be publicly
heard thereon at a meeting of the board prior to the final vote on
the resolution providing for his removal, but pending and during such
hearing the board may suspend him from office. The board may not
reduce the salary of the general manager below the amount fixed at
the time of his original appointment except upon the adoption of a
resolution by a like vote and after a like opportunity to be heard.
The action of the board in suspending or removing the general manager
or reducing his salary, if approved by a majority of the membership
of the board, is final.

11930. Notwithstanding this article, until such time as the
district has operated, controlled, or used works or parts of works
for providing the inhabitants and public agencies within the
boundaries of the district with the utility services, or any of them,
specified in this division, for a period of six months, the board
may or may not appoint a general manager, who during such time holds
office at the pleasure of the majority of the board.

11931. The board may appoint an accountant, a secretary, a
treasurer, and an attorney, who shall hold office during the pleasure
of the board.

11932. The attorney shall be admitted to practice law in the
Supreme Court of the State, and shall have been actively engaged in
the practice of his profession for not less than three years next
preceding his appointment.

11933. The board may also provide for assistants to any officer of
the district who shall hold office at the pleasure of the board and
may perform any and all acts that their principal may perform, when
authorized so to do by the board.

11934. The board may consolidate any of the district offices in one
person.

11935. The oath of office of all appointive officers of the
district shall be taken, subscribed, and filed with the secretary of
the district at any time after the officer has notice of his
appointment but not later than 15 days after the commencement of his
term of office. No other filing is required.

11936. Each appointive officer shall give such bond and in such
amount as the board may require.

11937. The powers of the general manager are:
(a) To see that all ordinances of the district are enforced.
(b) To administer the civil service system of the district and,
except as otherwise provided in this division, to appoint to the
positions created by the board which are subject to the civil service
provisions of this division, such employees as are necessary for the
administration of the affairs of the district, and to remove such
employees, in accordance with the provisions of the civil service
system.
(c) To attend all meetings of the board and submit a general
report of the affairs of the district.
(d) To keep the board advised as to the needs of the district.
(e) To prepare or cause to be prepared all plans and
specifications for the construction of the works of the district.
(f) To devote his entire time to the business of the district.
(g) To perform such other and additional duties as the board may
require.

11938. The general manager shall within 90 days from the end of
each fiscal year cause to be published a summary of the financial
report showing the result of operations for the preceding fiscal year
and the financial status of the district on the last day thereof.
The publication shall be made in the manner provided in this division
for the publication of ordinances and notices generally.

11939. The attorney shall take charge of all suits and other legal
matters to which the district is a party or in which it is legally
interested. He shall give his advice or opinion in writing whenever
required by the board. He shall be the legal adviser of the general
manager and other district officers and shall prepare and approve the
forms of all ordinances, resolutions, contracts, bonds, and other
legal documents connected with the business of the district. He shall
perform such other and additional services as the board may require.

11940. The accountant shall install and maintain a system of
auditing and accounting which shall completely and at all times show
the financial condition of the district and provide reasonable
assurance that the financial transactions of the district were
executed in accordance with the instructions of the board. The
accountant shall prepare all instruments necessary for the payment of
demands against the district in accordance with the instructions of
the board. The accountant shall perform such other duties as the
board may require.

11941. The treasurer shall be the custodian of the funds of the
district and shall make payments and execute instruments for the
payment of demands against the district after determination by the
accountant that the demands are authorized. The treasurer shall keep
an account of all receipts and disbursements.

11942. With the consent of the board, the treasurer may:
(a) Authorize the trust department of any state or national bank,
or a trust company authorized to act as such, to receive as his agent
deposits of any securities acquired by the district.
(b) Place and maintain for safekeeping as a trust deposit with the
trust department of any state or national bank, or a trust company
authorized to act as such, any securities owned by the district.
The bank or trust company selected shall have a total paid-in
capital of at least one million dollars ($1,000,000). The treasurer
shall take from the trust department or trust company a receipt for
the securities, and neither the treasurer nor the district is
responsible for the custody and safe return of the securities until
they are withdrawn from the trust department or trust company by the
treasurer. Any trust department or trust company to which securities
are delivered, either as agent or depositary for the treasurer, shall
make such disposition of the securities as the treasurer directs and
is responsible only for strict compliance with written instructions
given to it by the treasurer. All such securities are at all times
subject to the order of the treasurer.