2010 California Code
Government Code
Article 4. Surplus Property Commission And Officers

40530.  The legislative body shall be ex officio the governing body
of the authority, and shall be known as the Surplus Property
Commission.


40531.  The members of the legislative body shall be the members of
the commission, and shall be known as Surplus Property Commissioners.



40532.  The presiding officer of the legislative body, or other
member appointed by the commission, shall be the president of the
Surplus Property Commission.


40533.  The commission shall appoint as clerk of the authority, the
clerk of the legislative body or other competent person.



40534.  The commission shall appoint as treasurer of the authority,
the treasurer of the local agency or other officer of the local
agency that performs the duties of treasurer. This section shall not
apply to the appointment of members of the commission or its
president.



40535.  The commission may appoint as manager of the authority, the
manager or administrative officer of the local agency or other
competent person.


40536.  The commission may appoint as its attorney, engineer or
other officer, the attorney, engineer, or other officer of the local
agency, or other competent person.



40537.  Before entering upon the duties of his office each officer
shall take and subscribe the official oath and file it with the
clerk. The oath of office may be taken before the clerk, any member
of the commission, or any officer authorized by law to administer
oaths.



40538.  The bond of the treasurer of the local agency shall cover
his duties as ex officio treasurer of the authority.



40539.  If allowed by the commission a commissioner shall receive
traveling and other expenses incurred by him in his employment.



40540.  The commission shall fix the amount of compensation and
provide for the payment of expenses of its other officers and
employees.


40541.  Within 30 days after the effective date of the ordinance
provided in Section 40521, the commissioners shall meet and organize
as a board of commissioners.



40542.  The commission shall:
   (a) Designate the presiding officer of the legislative body or one
of its members president.
   (b) Designate the clerk of the legislative body or other competent
person as its clerk.
   (c) Appoint such other officers as it deems advisable.
   (d) Provide for the time and place of holding its regular and
special meetings.



40543.  At its organization meeting the commission may transact any
business of the authority.



40544.  The commission is the governing body of the authority.



40545.  The powers of the authority enumerated in this chapter
shall, except as therein otherwise provided, be exercised by the
commission.


40546.  The commission shall act in the manner and subject to the
laws provided for the legislative body.



40547.  A majority of the commission shall constitute a quorum for
the transaction of business.



40548.  No ordinance, resolution or motion shall be passed or become
effective without the affirmative votes of at least a majority of
the members of the commission.



40549.  Except where action is taken by the unanimous vote of all
members present and voting, the ayes and noes shall be taken upon the
passage of all ordinances, resolutions, or motions and entered upon
the minutes of the commission.


40550.  The enacting clause of all ordinances passed by the
commission shall be: "Be it ordained by the board of commissioners of
(local agency) Surplus Property Authority as follows:"



40551.  All ordinances shall be signed by the president and attested
by the clerk.



40552.  All legislative sessions of the commission shall be subject
to the provisions of Chapter 9 (commencing with Section 54950) of
Part 1, Division 2, Title 5 of the Government Code.



40553.  The commission shall establish rules for its proceedings.



40554.  Each member of the commission, or the clerk, may administer
oaths and affirmations in connection with the taking of testimony at
any hearing, investigation, or other matter pending before the
commission.


40555.  The president shall:
   (a) Sign all contracts on behalf of the authority.
   (b) Perform other duties imposed by the commission.



40556.  The clerk shall:
   (a) Countersign all contracts on behalf of the authority.
   (b) Perform other duties imposed by the commission.



40557.  The manager, subject to the approval of the commission,
shall:
   (a) Have full charge and control of the acquisition, maintenance,
operation, improvement and disposal of the property of the authority.
   (b) Have full power and authority to employ and discharge all
employees and assistants.
   (c)  Prescribe the duties of employees and assistants.
   (d) Fix and alter the compensation of employees and assistants.
   (e) Perform other duties imposed by the commission.
   (f) Report to the commission in accordance with the rules and
regulations that it adopts.



40557.1.  Where the local agency has established or establishes by
ordinance a personnel system, merit system or civil service system,
the authority and the commission shall incorporate by reference for
their own officers and employees the identical system utilized by the
local agency.


40558.  The treasurer shall install and maintain a system of
auditing and accounting that shall completely and at all times show
the financial condition of the authority.