2005 California Government Code Sections 26299.020-26299.037 Duties, Membership

26299.020.  (a) A county regional justice facilities financing
agency may be established in any county, as defined in Section
26299.007, with membership and terms determined as provided in
Section 26299.021, upon a finding of the board of supervisors that it
is in the public interest to do so.  Any such finding shall be
adopted by resolution of the board of supervisors.
   (b) A resolution adopted pursuant to subdivision (a), shall
specify the number, membership, and terms of office of members of the
board of directors of the agency as determined pursuant to Section
26299.021.
26299.021.  The number, membership, and terms of office of the board
of directors of a county regional justice facilities financing
agency established pursuant to Section 26299.020, shall be determined
by one of the following means:
   (a) (1) The board of supervisors may establish the number,
membership, and terms of office of the board of directors of the
agency with the concurrence of the city councils representing both a
majority of the cities in the county and a majority of the population
in the incorporated area of the county.
   (2) Notwithstanding the provisions of paragraph (1), the term of
office of members of the board of directors shall be staggered, and
shall not exceed four years.
   (b) The board of supervisors may establish a board of directors of
the agency comprised of five members, as follows:
   (1) The county sheriff.
   (2) Four other members, appointed by, and serving at the pleasure
of, the board of supervisors, who shall have significant experience
in detention, corrections, law enforcement, probation, or the
judiciary.  Not more than two of these four members may be members of
the board of supervisors or other elected or appointed officers of
the county.
   (c) The board of supervisors may establish a board of directors of
the agency comprised of seven members, as follows:
   (1) The sheriff.
   (2) The district attorney.
   (3) Two members appointed by, and serving at the pleasure of, the
city selection committee created pursuant to Article 1.1 (commencing
with Section 50270) of Chapter 1 of Part 1 of Division 1 of Title 5,
each of whom shall be either a member of the city council or the
mayor of a city in the county.  These two members may not represent
the same city.
   (4) Two members of the board of supervisors.
   (5) One member appointed by, and serving at the pleasure of, the
presiding judge of the superior court, who shall have significant
experience in detention, corrections, law enforcement, probation, or
the judiciary.
26299.022.  The term of any member serving on the board of directors
by virtue of holding another public office shall terminate when that
member ceases holding the other public office and a new member has
been properly seated.  The new member of the agency shall hold office
for the remainder of the term of the member who was replaced by the
new member.
26299.023.  Vacancies occurring on the board of directors shall be
filled by the appointing authority for the unexpired term.
26299.024.  The board of supervisors shall call the first meeting of
the board of directors and shall designate one of the members of the
board of directors to serve as the chairperson  at that meeting.
Thereafter, a chairperson and vice chairperson of the board of
directors shall be elected annually by vote of a majority of the
members of the board of directors of the agency and shall serve for a
period of one calendar year.  The chairperson shall preside at all
meetings, and the vice chairperson shall preside in the absence of
the chairperson.
   In the event of the absence or inability to act of both the
chairperson and vice chairperson, the members present, by an order
entered in the minutes, shall select one of their members to act as
chairperson pro tempore who, while so acting, shall have all of the
authority of the chairperson.
26299.025.  A majority of the members of the agency shall constitute
a quorum for the transaction of business, and all official acts of
the agency shall require the affirmative vote of a majority of its
members constituting a quorum, unless a two-thirds vote is required
by this chapter.
26299.026.  The acts of the agency shall be expressed by motion,
resolution, or ordinance.
26299.027.  The board of directors shall adopt those rules and
procedures, consistent with the laws of the state, as it deems
necessary to conduct its business.
26299.028.  All meetings of the agency shall be conducted in the
manner prescribed by the Ralph M. Brown Act, Chapter 9 (commencing
with Section 54950) of Part 1 of Division 2 of Title 5.
26299.029.  In carrying out its purposes and powers, the agency may:
   (a) Adopt a seal and alter it at its pleasure.
   (b) Sue and be sued, except as otherwise provided by law, in all
actions and proceedings, in all courts and tribunals of competent
jurisdiction.
   All claims for money or damages against the agency are governed by
Division 3.6 (commencing with Section 810) of Title 1, except as
provided therein or by other statutes or regulations expressly
applicable thereto.
   (c) Subject to the limitations provided for in Section 26299.035,
compensate the members of its board of directors for all reasonable
and necessary expenses incurred in the course of performing their
duties.
   (d) Appoint and employ an executive officer and clerical staff as
may be necessary for the administration of the affairs of the agency.
  All other reasonably necessary staff may be hired by the agency or
may be provided by the county.  The county shall be reimbursed by the
agency for the costs of any staff services provided to the agency by
the county in accordance with an agreement entered into between the
agency and the county.
   (e) Enter into contracts.  The agency may employ attorneys and
consultants as necessary or convenient to carrying out its purpose
and powers.
   (f) Appoint policy committees as deemed necessary.
26299.030.  The agency shall do all of the following:
   (a) Adopt an annual budget.
   (b) Adopt an administrative code, by ordinance, which prescribes
the powers and duties of agency officers, the method of appointment
of agency employees, and methods, procedures, and systems of
operation and management of the agency.
   (c) Cause a postaudit of the financial transactions of the agency
to be made at least annually by a certified public accountant.
   (d) Do any and all things necessary to carry out the purposes of
this chapter.
26299.031.  In carrying out the purposes of this chapter the agency
shall have the power to do all of the following:
   (a) Administer this chapter.
   (b) Finance the construction, acquisition, and furnishing of adult
and juvenile detention facilities, countywide law enforcement
facilities, court facilities, and other structures necessary or
convenient thereto, in compliance with a master plan developed and
approved, as amended from time to time, by the board of supervisors
for that purpose.
   (c) Finance the acquisition of necessary lands, easements, and
rights-of-way, including reimbursement to the county for any costs
incurred by the county in acquiring such lands, easements, and
rights-of-way, at sites designated or approved by the board of
supervisors, for the general governmental purposes of the agency set
forth in this section.
   (d) Hold title as necessary or convenient to land or facilities
constructed or acquired pursuant to this chapter, and convey title to
such land or facilities to the county.
   (e) Finance the operation and maintenance of any qualifying
facilities constructed, acquired, or financed, in whole or in part,
pursuant to this chapter or any adult and juvenile detention
facilities, countywide law enforcement facilities, court facilities,
and other structures necessary or convenient thereto which may become
operational after the effective date of any transactions and use tax
approved pursuant to this chapter.
   (f) Reimburse costs incurred by the county in the operation of any
qualifying facilities constructed or acquired pursuant to this
chapter, provided the board  of supervisors certifies to the agency
that progress toward completion of qualifying facilities has advanced
substantially in accordance with the master plan, and reimburse
costs incurred by the county in implementing the master plan.
   (g) Retire all or a portion of any capital debt previously
incurred for any adult or juvenile detention facilities, countywide
law enforcement facilities, court facilities, or other structures
necessary or convenient thereto which exist on the date the election
is held for voter approval of the retail transactions and use tax
ordinance authorized by this chapter.
   (h) Finance all or part of the cost of any prevention program, as
defined in Section 26299.011.
26299.032.  In carrying out the purposes of this chapter the agency
may finance the construction, acquisition, and furnishing of other
county or city criminal justice and law enforcement facilities,
provided the board of supervisors certifies to the agency that all
current master plan requirements have been met.
26299.033.  Notwithstanding any other provision of this chapter to
the contrary, the board of directors of an agency shall have no power
to determine the geographic locations at which any of the qualifying
facilities specified in this chapter shall be sited.
26299.034.  Notice of the time and place for the public hearing for
the adoption of the annual budget shall be published one time in a
newspaper of general circulation not later than the 15th day prior to
the date of the hearing.  The proposed annual budget shall be
available for public inspection at least 15 days prior to the
hearing.
26299.035.  Members of the board of directors of the agency may be
compensated at a rate not exceeding one hundred dollars ($100) for
any day attending to the business of the agency, but not to exceed
four hundred dollars ($400) in any month, and may be reimbursed for
reasonable and necessary travel and other expenses incurred in the
performance of their duties, as authorized by the agency.
26299.036.  (a) Except as otherwise provided in subdivisions (b) and
(c), the agency shall enter into a contract with the Board of
Administration of the Public Employees' Retirement System, and the
board shall enter into that contract, to include all of the employees
of the agency in that retirement system, and the employees shall be
entitled to substantially similar health benefits as are state
employees pursuant to Part 5 (commencing with Section 22750) of
Division 5 of Title 2.
   (b) For purposes of providing retirement benefits, the agency may
contract with the retirement system of which the employees of the
county are members, in lieu of contracting with the board.
   (c) Notwithstanding subdivision (a) or (b), to the extent that the
agency contracts with the county or other agencies to utilize
employees of the county or other agencies as employees of the agency,
the agency need not establish any retirement benefits program for
those employees.
26299.037.  At the initial meeting of the agency, or at any
subsequent meeting, the agency may approve a transactions and use tax
ordinance and ballot proposition, and may call an election in
accordance with Article 3 (commencing with Section 26299.040).