34130-34131

HEALTH AND SAFETY CODE
SECTION 34130-34131




34130.  (a) When the legislative body adopts an ordinance declaring
the need for a commission, the mayor or chairman of the board of
supervisors or similar official, with the approval of the legislative
body, shall appoint the number of resident electors of the community
as commissioners as the legislative body prescribe by ordinance. The
legislative body by ordinance may increase or decrease the number of
commissioners. The legislative body, except as otherwise expressly
provided in subdivision (b), shall establish and provide for the
terms, and removal of the commissioners. The legislative body shall
provide procedures for appointment or election of the officers of the
commission.
   (b) Two of the commissioners shall be tenants of the housing
authority if the housing authority has tenants. One such tenant
commissioner shall be over the age of 62 years if the housing
authority has tenants of such age. If the housing authority does not
have tenants, the legislative body shall, by ordinance, provide for
appointment to the commission of two tenants of the housing authority
within one year after the housing authority first does have tenants.
The term of any tenant commissioner appointed pursuant to this
subdivision shall be two years from the date of appointment. If a
tenant commissioner ceases to be a tenant of the housing authority,
he shall be disqualified from serving as a commissioner and another
tenant of the housing authority shall be appointed to serve the
remainder of the unexpired term. A tenant commissioner shall have all
the powers, duties, privileges, and immunities of any other
commissioner.
   (c) Upon the appointment and qualification of a majority of the
commissioners, the commission shall be vested with all the powers,
duties, and responsibilities of the members of the redevelopment
agency and, if the legislative body so elects, the commissioners of
the housing authority. Members of the redevelopment agency and
commissioners of a housing authority which has been placed under the
jurisdiction of the commission shall have no powers, duties, and
responsibilities as long as the commission functions.



34130.5.  (a) Commissioners shall receive their actual and necessary
expenses, including traveling expenses incurred in the discharge of
their duties. The legislative body may also provide for other
compensation pursuant to either subdivision (b) or (c).
   (b) If the ordinance of the legislative body declaring the need
for a commission to function within the community declares that need
only with respect to a redevelopment agency, the compensation
provided by the legislative body shall not exceed seventy-five
dollars ($75) for each commissioner for each meeting of the
commission attended by that commissioner. No commissioner shall
receive compensation for attending more than two meetings of the
commission in any calendar month.
   (c) If the ordinance of the legislative body declaring the need
for a commission to function within the community declares that need
with respect to a redevelopment agency and a housing authority, the
compensation provided by the legislative body shall not exceed one
hundred fifty dollars ($150) for each commissioner for each meeting
of the commission attended by that commissioner. No commissioner
shall receive compensation for attending more than two meetings of
the commission in any calendar month.



34131.  A commissioner, unless the legislative body is the
commission, may not be an elective officer or an employee of the
community, but may be a member, commissioner, or employee of any
other agency or authority in the community.