SECTIONS 4550-4555 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 4550-4555

4550. The state council's operating costs shall include honoraria
and actual and necessary expenses for council members, costs
associated with the area boards, as described in this article, and
other administrative, professional, and secretarial support services
necessary to the operation of the state council. Federal
developmental disability funds received by the state under Public Law
106-402 (42 U.S.C. Sec. 15001 et seq.), shall be allotted in any one
year for these operating costs. Each member of the state council
shall receive one hundred dollars ($100) per day for each full day of
work performed directly related to council business, not to exceed
50 days in any fiscal year, and shall be reimbursed for any actual
and necessary expenses incurred in connection with the performance of
their duties under this division.

4551. (a) (1) Within the limit of funds allotted for these
purposes, the state council chairperson, with the concurrence of a
majority of the state council, shall appoint an executive director
and, pursuant to paragraph (1) of subdivision (c) of Section 4553,
shall appoint an executive director for each area board. The
Governor, upon the recommendation of the executive director of the
state council following consultation with the area boards, shall
appoint a deputy director for area board operations. The Governor,
upon recommendation of the executive director of the state council,
shall appoint not more than two deputy directors. All other state
council employees that the state council may require shall be
appointed by the executive director, with the approval of the state
council.
(2) The executive director, all deputy directors, and each area
board executive director, shall be paid a salary that is comparable
to the director, deputy director, or manager of other state boards,
commissions, or state department regional offices with similar
responsibilities. The executive director and three deputy directors
of the state council and the executive director of each area board
shall be exempt from civil service.
(b) Among other duties as the executive director of the state
council may require, the deputy director for area board operations
shall provide assistance to the area boards, including, but not
limited to, resolving common problems, improving coordination, and
fostering the exchange of information among the area boards and
between the area boards and the state council.
(c) Each area board executive director employed by the state on
December 31, 2002, shall continue to be employed in a job
classification at the same or higher salary by the council on January
1, 2003, and thereafter, unless he or she resigns or is terminated
from employment for good cause. The Executive Director of the
Organization of Area Boards on December 31, 2002, shall continue to
be employed in a job classification at the same or higher salary by
the council on January 1, 2003, and shall serve as the deputy
director of area board operations unless he or she resigns or is
terminated from employment for good cause.

4552. The state council may contract for additional assistance with
any public or private agency or individual to carry out planning,
monitoring, evaluation, and other responsibilities under this
division. In order to comply with Public Law 106-402 (42 U.S.C. Sec.
15001 et seq.) regulations, all personnel employed by the state
council shall be solely responsible, organizationally and
administratively, to the state council. The state council shall have
responsibility for the selection, hiring, and supervision of all this
personnel.

4552.5. The state council may request information, records, and
documents from any other agency of state government, except for
confidential patient records. These agencies shall comply with the
reasonable requests of the state council.

4553. (a) The Legislature finds and declares that the advocacy,
coordinating, appeals, and other related functions of area boards
cannot be effectively provided unless area boards have staff support
services from personnel directly responsible and accountable to the
area board and state council. Area board staff shall be state
employees of the state council.
(b) (1) Each area board shall provide to the state council all
information and documentation required by the council to prepare and
account for the expenditures of an annual budget that includes the
basic funding necessary for the area boards to meet the requirements
of applicable state and federal law. The state council, in
consultation with the area boards, shall determine the timing of, and
format for, the provision of this information and documentation. An
area board may present for consideration by the state council a
proposal for funds to support any additional activities of the area
board not anticipated to be funded through their basic allocation.
The state council shall review all area board proposals and shall
determine the amount of federal funds under Public Law 106-402 (42
U.S.C. Sec. 15001 et seq.) that shall be allotted to each area board.
Nothing in this section shall prevent the appropriation of
additional funds to the state council or area boards, or both, from
the General Fund or other sources. These funds shall be used only for
purposes of extending the activities of the state council or area
boards, or both, as authorized by state or federal law.
(2) The state council may receive, on behalf of the council or on
behalf of any area board, grants of funds in addition to any
allocation of state funds or federal funds under Public Law 106-402
(42 U.S.C. Sec. 15001 et seq.), as authorized under this division.
These funds shall be used only for purposes of extending the council'
s or area boards' activities as authorized by state or federal law.
(c) (1) Each area board shall have an executive director,
nominated by the affirmative votes of a majority of the members of
the area board, appointed by the executive director of the state
council, and approved by the state council. The executive director
shall select and supervise persons to serve in any staff positions as
the area board and state council may authorize, pursuant to
subdivision (a) of Section 4551. The affirmative votes of a majority
of the members of the area board and approval of the state council
shall be necessary for removal of an executive director by the
executive director of the state council.
(2) Each area board, with the approval of the state council, may
contract for additional assistance to carry out its duties as
established by this division.
(3) Notwithstanding the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2), an area board may meet in executive session for purposes
of discussing confidential matters, including, but not limited to,
personnel matters.

4555. Notwithstanding any other provision of law, any contract
entered into between the State of California and the state council
may provide for periodic advanced payments for services to be
performed under the contract. No advanced payment made pursuant to
this section shall exceed 25 percent of the total annual contract
amount.