SECTIONS 28760-28774 - California Statutes

PUBLIC UTILITIES CODE

SECTION 28760-28774

28760. Each director, before entering upon the duties of his
office, shall take the oath of office as provided for in the
Constitution and laws of this State. A copy of the oath shall be
filed with the secretary of the district and the Secretary of State.

28761. The board shall choose one of its members president, and
another vice president, who shall be authorized to act for the
president during his absence or disability. The board shall choose a
secretary, who shall not be a member of the board, and shall provide
for the time and place of holding its meetings which shall be held at
least once each month. The president shall be paid a salary of five
thousand dollars ($5,000) per year. The vice president shall be paid
a salary of three thousand dollars ($3,000) per year. Such salaries
shall be in addition to any payments authorized under Section
28748.8.

28762. The board of directors is the legislative body of the
district and, consistent with the provisions of this part, shall
determine all questions of district policy.

28763. The district may do any and all things necessary to carry
out the purposes of this part.

28764. The board shall determine what transit facilities should be
acquired or constructed, and may establish zones within the district
to undertake the acquisition or construction of any transit
facilities.

28765. The board may determine what transit facilities should be
acquired or constructed:
(a) For the common benefit of the district as a whole; or
(b) For the benefit of two or more zones; or
(c) For the benefit of a single zone.

28766. The board shall supervise and regulate every transit
facility owned and operated by the district, including the fixing of
rates, rentals, charges, and classifications, and the making and
enforcement of rules, regulations, contracts, practices, and
schedules, for or in connection with any transit facility owned or
controlled by the district.

28767. The board may adopt a personnel system for the purpose of
recruiting and maintaining an effective working force with good
morale. The board shall by resolution determine and create such
number and character of positions as are necessary properly to carry
on the functions of the district and shall establish an appropriate
salary, salary range, or wage for each position so created. The board
may by resolution abolish any such position. Except as otherwise
provided, appointments to such positions shall be made by the general
manager.

28767.3. Not later than October 12, 1974, the board shall adopt an
affirmative action program approved by the Office of Federal Contract
Compliance of the Department of Labor.

28767.5. The district is authorized to maintain a police
department. The employees of the district that are appointed as
members of such department by the general manager and duly sworn are
peace officers; provided, that such officers shall not exercise their
powers or authority except as provided in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code. The
district shall adhere to the standards for recruitment and training
of peace officers established by the Commission on Peace Officer
Standards and Training pursuant to Title 4 (commencing with Section
13500) of Part 4 of the Penal Code.

28767.8. (a) The board may establish an office of independent
police auditor, reporting directly to the board, to investigate
complaints against district police personnel.
(b) The appointed independent police auditor shall have the
following powers and duties:
(1) To investigate those complaints or allegations of on-duty
misconduct and off-duty unlawful activity by district police
personnel, within the independent police auditor's purview as it is
set by the board.
(2) To reach independent findings as to the validity of each
complaint.
(3) To recommend appropriate disciplinary action against district
police personnel for those complaints determined to be sustained.
(c) The board shall organize, reorganize, and manage the office of
the independent police auditor. Notwithstanding the authority
granted the general manager in this part, the board may, by
resolution, authorize a citizen review board to participate in
recommending appropriate disciplinary action.
(d) The independent police auditor shall prepare, in accordance
with the rules of the office, reports of his or her activities as
permitted by law.

28768. The board of directors may contract for or employ any
professional services required by the district or for the performance
of work or services for the district which, in the board of director'
s opinion, cannot satisfactorily be performed by the officers or
employees of the district.

28769. The board shall have an annual audit made of all books and
accounts of the district by an independent certified public
accountant or public accountant.

28769.5. The board shall operate an automated management
information system to enable it to submit a report monthly to the
Metropolitan Transportation Commission and the office of the
Legislative Analyst on the district's expenditures as compared to the
projected expenditures in its budget, and the board shall submit
such report to the commission and that office.

28770. As soon as practicable after the close of each fiscal year
the board of directors shall submit to the chief administrative
officer and legislative bodies of cities and counties within the
district a financial report showing the reslt of operations during
the preceding fiscal year and the financial status of the district on
the final day thereof. Copies of the report shall be supplied to the
general public upon request in the quantity deemed appropriate by
the board.

28771. The board may provide by resolution, under such terms and
conditions as it sees fit, for the payment of demands against the
district without prior specific approval thereof by the board if the
demand is for a purpose for which an expenditure has been previously
approved by the board and in an amount no greater than the amount so
authorized, and if the demand is approved by the general manager.

28772. To facilitate the business of the district, the board may
provide for the creation and administration of such funds as the
needs of the district may require. The funds shall be disbursed in
accordance with rules established by the board and all payments from
any fund shall be reported to the board.

28773. The board of directors may hold public hearings, subpoena
witnesses, and perform all other acts necessary to properly carry out
its duties. The board may delegate such authority to other officers
of the district who shall report thereon to the board. In the case of
public hearings, including those pursuant to Sections 29039 to
29046, inclusive, authority may be so delegated to a referee, who
need not be an officer of the district.

28774. Each director may administer oaths and affirmations in any
district investigation or proceeding.