170010-170026

PUBLIC UTILITIES CODE
SECTION 170010-170026




170010.  (a) The board of directors shall consist of nine members,
appointed as follows:
   (1) The Mayor of the City of San Diego shall appoint three
persons, two of whom shall be subject to confirmation by the City
Council of the City of San Diego. The persons appointed pursuant to
this paragraph shall be residents of the City of San Diego and not
less than one shall be an elected official of the City of San Diego.
For purposes of this subdivision, an "elected official of the City of
San Diego" means the Mayor and members of the City Council of the
City of San Diego.
   (2) The Chair of the Board of Supervisors of the County of San
Diego shall appoint two persons, subject to confirmation by the Board
of Supervisors of the County of San Diego. The persons appointed
pursuant to this paragraph shall be residents of the County of San
Diego and not less than one shall be a member of the Board of
Supervisors of the County of San Diego.
   (3) At a meeting of the city selection committee, the mayors of
the east county cities shall appoint one person. The person appointed
pursuant to this paragraph shall be a member of a city council of
one of the east county cities or a resident of one of the east county
cities.
   (4) At a meeting of the city selection committee, the mayors of
the north county coastal cities shall appoint one person. The person
appointed pursuant to this paragraph shall be a member of a city
council of one of the north county coastal cities or a resident of
one of the north county coastal cities.
   (5) At a meeting of the city selection committee, the mayors of
the north county inland cities shall appoint one person. The person
appointed pursuant to this paragraph shall be a member of a city
council of one of the north county inland cities or a resident of one
of the north county inland cities.
   (6) At a meeting of the city selection committee, the mayors of
the south county cities shall appoint one person. The person
appointed pursuant to this paragraph shall be a member of a city
council of one of the south county cities or a resident of one of the
south county cities.
   (7) Meetings of a city selection committee are subject to the
Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part
1 of Division 2 of Title 5 of the Government Code).
   (b) The following persons shall be nonvoting, noncompensated, ex
officio members of the board of directors, appointed by the Governor:
   (1) The District Director of the Department of Transportation for
the San Diego region.
   (2) The Department of Finance representative on the State Lands
Commission.
   (c) The board of directors may provide for additional nonvoting,
noncompensated members of the board of directors, including
representatives of the United States Navy and the United States
Marine Corps, each of whom may appoint an alternate to serve in his
or her place.
   (d) The Mayor of the City of San Diego shall appoint the chair of
the authority board from among the members of the board of directors.
   (e) To provide for an orderly transition, the appointments to the
board of directors shall take effect as follows:
   (1) The term of office for the board position appointed by the
Mayor of the City of San Diego, whose term is set to expire on the
first Monday in December 2008, is extended until January 31, 2009.
This board position shall thereafter be filled pursuant to paragraph
(1) of subdivision (a), and shall be the position that is not subject
to confirmation by the City Council of the City of San Diego.
   (2) The term of office for the board position appointed by the
mayors of the north county inland cities is extended until January
31, 2009. This board position shall thereafter be filled pursuant to
paragraph (5) of subdivision (a).
   (3) The term of office for the board position appointed by the
mayor of the most populous city as of the most recent decennial
census, among the south county cities is extended until January 31,
2009. This board position shall thereafter be filled pursuant to
paragraph (6) of subdivision (a).
   (4) The term of office for the board position occupied by the
Mayor of the City of San Diego, or a member of the city council
designated by the mayor to be his or her alternate, shall expire on
January 31, 2010. This board position shall thereafter be filled
pursuant to paragraph (1) of subdivision (a).
   (5) The term of office for the board position appointed by the
mayors of the east county cities shall expire on January 31, 2010.
This board position shall thereafter be filled pursuant to paragraph
(3) of subdivision (a).
   (6) The term of office for the board position appointed by the
Sheriff of the County of San Diego shall expire on January 31, 2010.
This board position shall thereafter be filled pursuant to paragraph
(2) of subdivision (a).
   (7) The term of office for the board position appointed by the
Mayor of the City of San Diego as a member of the executive committee
is extended until January 31, 2011. This board position shall
thereafter be filled pursuant to paragraph (1) of subdivision (a).
   (8) The term of office for the board position appointed by the
Governor is extended until June 30, 2011. This board position shall
thereafter be filled pursuant to paragraph (2) of subdivision (a),
with the expiration of the initial appointment for this board
position expiring on the first Monday in February 2014.
   (9) The term of office for the board position appointed by the
mayors of the north county coastal cities is extended until January
31, 2011. This board position shall thereafter be filled pursuant to
paragraph (4) of subdivision (a).


170011.  (a) Except as provided in subdivision (b) and subdivision
(e) of Section 170010, the term of office of a member of the board of
directors appointed pursuant to subdivision (a) of Section 170010 is
three years or until his or her successor qualifies and takes office
whichever date occurs last. Members of the board of directors shall
take office at noon on the first Monday in February following their
appointment.
   (b) If a member of the board of directors is appointed to be a
member as a result of holding another public office and that person
no longer holds that other public office, then that person shall no
longer serve on the board of directors and a vacancy shall exist.
   (c) Any vacancy in the office of a member of the board of
directors shall be filled promptly pursuant to Section 1779 of the
Government Code. Any person appointed to fill a vacant office shall
serve the balance of the unexpired term. If a member of the board of
directors serving a term extended pursuant to subdivision (e) of
Section 170010 leaves office prior to the expiration of his or her
term, the vacancy shall be filled for the balance of the unexpired
term pursuant to subdivision (a) of Section 170010, except if a
vacancy occurs for the Governor's appointment to the board of
directors before June 30, 2011, the Governor shall make the
appointment to fill the vacant office for the balance of the
unexpired term.


170012.  (a) At the first meeting of the board of directors on or
after February 4, 2008, and at the first meeting of the board on or
after the first Monday in February of each even-numbered year
thereafter, the board of directors shall meet and elect its officers,
except for the chair of the board of directors, who shall be
appointed by the Mayor of the City of San Diego.
   (b) The officers of the board of directors are a chair, vice
chair, and those additional officers created by the board of
directors pursuant to subdivision (c). The chair shall preside over
meetings of the board of directors and the vice chair shall serve
during the chair's absence or inability to serve.
   (c) The board of directors may create additional offices and elect
members to those offices, provided that no member of the board of
directors shall hold more than one office.



170013.  (a) The board of directors shall govern the authority.
   (b) The board of directors shall establish policies for the
operation of the authority. The board of directors shall provide for
the implementation of those policies which are the responsibility of
the authority's chief executive officer.
   (c) All members of the board of directors shall exercise their
independent judgment on behalf of the interests of the residents,
property owners, and the public within San Diego County as a whole in
furthering the purposes and intent of this division. The members of
the board of directors shall represent the interests of the public as
a whole and not solely the interests of the local officials who
appointed them to the board of directors.
   (d) The board of directors shall have a three-member executive
committee. The members of the executive committee shall be the
following:
   (1) The chair of the authority's board of directors.
   (2) A member of the board of directors appointed to the executive
committee by board members appointed by the Chair of the Board of
Supervisors of the County of San Diego.
   (3) A member of the board of directors appointed to the executive
committee by board members appointed by any of the city selection
committees.
   (e) The board of directors shall have a seven-member audit
committee. The members of the audit committee shall consist of four
members of the board of directors appointed by the board and the
three public members appointed pursuant to Section 170018.




170014.  (a) Meetings of the board of directors are subject to the
provisions of the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government
Code).
   (b) A majority of the total voting membership of the board of
directors shall constitute a quorum for the transaction of business.
   (c) The board of directors shall act only by ordinance,
resolution, or motion.
   (d) (1) Except as provided in subdivision (e), to adopt an
ordinance, resolution, or motion requires both a numerical and a
weighted majority vote of the total voting membership of the board of
directors pursuant to paragraphs (2) and (3).
   (2) A numerical majority requires an affirmative vote of five of
the voting membership of the board of directors.
   (3) (A) A weighted majority requires an affirmative vote of 51
vote points that are allocated to the voting membership of the board
of directors, unless the total number of vote points is expanded
beyond 100 as a result of the operation of subparagraph (E). If the
total number of vote points is greater than 100 as a result of the
operation of subparagraph (E), a weighted majority requires an
affirmative vote of 50 percent plus one of the total vote points.
Vote points shall be allocated pursuant to subparagraph (B).
   (B) There shall be a total of 100 allocated vote points for the
weighted vote, except that additional vote points shall be allocated
pursuant to subparagraph (E). For purposes of this paragraph, the
City of San Diego, the County of San Diego, the east county cities,
the north county coastal cities, the north county inland cities, and
the south county cities are each a jurisdiction. The points allocated
to the City of San Diego shall be divided among the three board
members appointed pursuant to paragraph (1) of subdivision (a), and
prior to their appointment, to those board members identified in
paragraphs (1), (4), and (7) of subdivision (e) of Section 170010.
The points shall be allocated among the three board members by the
Mayor of the City of San Diego, keeping the votes for each seat as
close to equal as possible but in a manner that avoids fractional
vote points. The vote points allocated to the County of San Diego
shall be divided between the two board members appointed pursuant to
paragraph (2) of subdivision (a), and prior to their appointment, to
those board members identified in paragraphs (6) and (8) of
subdivision (e) of Section 170010. The vote points shall be allocated
among the two board members by the chair of the board of
supervisors, keeping the votes for each seat as close to equal as
possible but in a manner that avoids fractional vote points. Each
jurisdiction shall have that number of vote points determined by the
following allocation formula, except that each jurisdiction shall
have at least one vote point, no jurisdiction shall have more than 40
vote points, and there shall be no fractional vote points:
   (i) If any jurisdiction has 40 percent or more of the total
population of the San Diego County region, 40 vote points shall be
allocated to that jurisdiction and the remaining vote points shall be
allocated to the remaining jurisdictions pursuant to clause (ii). If
no jurisdiction has 40 percent or more of the total population of
the San Diego County region, vote points shall be allocated pursuant
to clause (iii).
   (ii) The total population of the remaining jurisdictions shall be
computed and the remaining 60 vote points allocated based upon the
percentage of the total that each jurisdiction has, in the following
manner:
   (I) The percentage each jurisdiction bears to the total remaining
population shall be multiplied by 60 to determine fractional shares.
   (II) Each fraction less than one shall be rounded up to one, so
that no jurisdiction has less than one vote point.
   (III) Disregarding any fractional vote points and adding just the
whole vote points, if the total vote points is 60, fractional vote
points are dropped and the whole numbers are the vote points for each
jurisdiction.
   (IV) If, after disregarding the fractional vote points and adding
just the whole vote points, the total vote points for the remaining
jurisdictions is less than 60, the difference in vote points shall be
allocated to jurisdictions in order of the highest fractions until a
total of 60 vote points are allocated, excepting those jurisdictions
whose vote was increased to one pursuant to subclause (II).
   (V) If, after disregarding the fractional vote points and adding
just the whole vote points, the total vote points for the remaining
jurisdictions is more than 60, the vote points in excess of 60 shall
be eliminated by subtracting vote points from jurisdictions with the
lowest percentage to the total remaining population except that no
jurisdiction's vote points shall be reduced to less than one.
   (iii) If no jurisdiction has 40 percent or more of the total
population of the San Diego County region, the total population of
the region shall be computed and all 100 vote points shall be
allocated based upon the percentage each jurisdiction bears to the
total population of the region, in the following manner:
   (I) The percentage of any jurisdiction that is less than one shall
be rounded up to one, so that no jurisdiction has less than one vote
point.
   (II) Disregarding any fractional vote points and adding just the
whole vote points, if the total vote points is 100, fractional vote
points shall be dropped and the whole numbers shall be the vote
points for each jurisdiction.
   (III) If, after disregarding the fractional vote points and adding
just the whole vote points, the total vote points for all
jurisdictions is less than 100, the difference in vote points shall
be allocated to jurisdictions in order of the highest fractions until
a total of 100 vote points are allocated, excepting those
jurisdictions whose vote was increased to one pursuant to subclause
(I).
   (IV) If, after disregarding the fractional vote points and adding
just the whole vote points, the total vote points for all
jurisdictions is more than 100, the vote points in excess of 100
shall be eliminated by subtracting vote points from jurisdictions
with the lowest percentage to the total population or the region
except that no jurisdiction's vote points shall be reduced to less
than one.
   (C) When a weighted vote is taken on any item that requires more
than a majority vote of the board, it shall also require the same
supermajority percentage of the weighted vote.
   (D) The allocation of vote points pursuant to this subdivision
shall be made every July 1 by the board of directors based upon the
population calculations made by the San Diego Association of
Governments (SANDAG).
   (E) Any other newly incorporated city shall be added to the
jurisdiction designated by SANDAG. The board member representing that
jurisdiction shall receive one additional vote under the weighted
vote procedure specified above until the next allocation of vote
points pursuant to subparagraph (D), at which time the new
jurisdiction shall receive votes in accordance with the formula
specified in this paragraph. Until this next vote points allocation,
the total number of weighted vote points may exceed 100.
   (e) Any act to submit a ballot measure to the voters at a regular
or special election shall require a two-thirds majority vote, both
numerically and by weighted vote, of the total voting membership of
the board of directors.
   (f) The board of directors shall keep a record of all of its
actions, including financial transactions.
   (g) The board of directors shall adopt rules or bylaws for its
proceedings.
   (h) The board of directors shall adopt policies for the operation
of the authority, including, but not limited to, ethical standards
and practices, administrative policies, fiscal policies, personnel
policies, and purchasing policies.



170016.  (a) The board of directors may adopt and enforce rules and
regulations for the administration, maintenance, operation, and use
of its facilities and services.
   (b) A person who violates a rule, regulation, or ordinance adopted
by the board of directors is guilty of a misdemeanor punishable
pursuant to Section 19 of the Penal Code, or an infraction under the
circumstances set forth in paragraph (1) or (2) of subdivision (d) of
Section 17 of the Penal Code.
   (c) A rule, regulation, or ordinance of the authority may be
enforced in an administrative action. A civil penalty may be imposed
if the administrative action results in a finding that a violation
has taken place.
   (d) The authority may employ necessary personnel to enforce this
section.


170017.  (a) The board of directors may provide, by ordinance or
resolution, that each of its members may receive compensation in an
amount not to exceed two hundred dollars ($200) for each day of
service. A member of the board of directors shall not receive
compensation for more than eight days of service a month. A member of
the board of directors shall not receive compensation for being
present at more than one meeting, hearing, event, or training program
on each day of service. A board member shall be present for at least
half of the time set for the meeting, or for the duration of the
meeting, whichever is less, in order to be eligible for compensation.
   (b) By a two-thirds vote of the majority, the board of directors
may, by ordinance or resolution, modify the amount of compensation
provided pursuant to subdivision (a).
   (c) The board of directors, by ordinance or resolution, may
provide for the chair to receive an amount, not to exceed five
hundred dollars ($500) a month, in addition to all other compensation
provided pursuant to this section.
   (d) The board of directors may provide, by ordinance or
resolution, that its members may receive their actual and necessary
traveling and incidental expenses incurred while on official
business. Reimbursement of these expenses is subject to Article 2.3
(commencing with Section 53232) of Chapter 2 of Part 1 of Division 2
of Title 5 of the Government Code, except that the provisions of this
section shall prevail over the provisions of Section 53232.1 of the
Government Code to the extent of any conflict.
   (e) The members of the board of directors shall not receive, in
compensation, any benefits permitted to be paid to members of
legislative bodies pursuant to Chapter 2 (commencing with Section
53200) of Part 1 of Division 2 of Title 5 of the Government Code.
This subdivision does not prohibit a member of the board of directors
from electing to participate in a plan of health and welfare
benefits if the costs of those benefits are paid by the board member
and the authority incurs no expense other than those expenses
associated with processing the application of the board member
seeking the benefits.
   (f) A member of the board of directors may waive any or all of the
payments permitted by this section.
   (g) For the purposes of this section, a "day of service" means any
of the following:
   (1) A meeting of the authority conducted pursuant to the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of
Division 2 of Title 5 of the Government Code).
   (2) Representation of the authority at a public event, if the
board of directors has previously approved the member's
representation at a board of directors' meeting and the member
delivers a written report to the board of directors regarding the
member's representation at the next board of directors' meeting
following the public event.
   (3) Representation of the authority at a public meeting or a
public hearing conducted by another public agency, if the board of
directors has previously approved the member's representation at a
board of directors' meeting and the member delivers a written report
to the board of directors regarding the member's representation at
the next board of directors' meeting following the public meeting or
public hearing.
   (4) Representation of the authority at a meeting of a public
benefit nonprofit corporation on whose board the authority has
membership, if the board of directors has previously approved the
member's representation at a board of directors' meeting and the
member delivers a written report to the board of directors regarding
the member's representation at the next board of directors' meeting
following the corporation's meeting.
   (5) Participation in a training program on a topic that is
directly related to the authority, if the board of directors has
previously approved the member's participation at a board of
directors' meeting, and the member delivers a written report to the
board of directors regarding the member's participation at the next
board of directors' meeting following the training program.
   (6) Representation of the authority at an official meeting, if the
board of directors has previously approved the member's
representation at a meeting of the board of directors and the member
delivers a written report to the board of directors regarding the
member's representation at the next meeting of the board of directors
following the official meeting.



170018.  (a) On or before July 1, 2008, the board of directors shall
expand the membership of the Audit Committee, a standing committee
of the board of directors consisting of four board members, to
include three members of the public who shall be voting members. The
public members shall be appointed by the board of directors for
three-year terms commencing July 1, 2008. To provide for staggered
terms, the initial term of one of the public members shall be one
year, the initial term of one of the public members shall be two
years, and the initial term of one of the public members shall be
three years.
   (b) The board of directors shall select the three public members
from among the following categories of persons, with no more than one
appointee from each category at any one time:
   (1) A professional with experience in the field of public finance
and budgeting.
   (2) An architect or civil engineer licensed to practice in this
state.
   (3) A professional with experience in the field of real estate or
land economics.
   (4) A person with experience in managing construction of
large-scale public works projects.
   (5) A person with public or private sector executive level
decisionmaking experience.
   (6) A person who resides within the airport influence area of the
San Diego International Airport (Lindbergh Field).
   (7) A person with experience in environmental justice as it
pertains to land use.
   (c) The board of directors may appoint other persons to serve as
nonvoting, noncompensated, ex officio members on the Audit Committee.
   (d) In appointing the public members of the Audit Committee, the
board of directors shall provide for selection policies, appointment
procedures, conflict-of-interest policies, length-of-term policies,
and policies for providing compensation, if any.
   (e) The Audit Committee shall serve as a guardian of the public
trust, acting independently and charged with oversight
responsibilities for reviewing the authority's internal controls,
financial reporting obligations, operating efficiencies, ethical
behavior, and regular attention to cashflows, capital expenditures,
regulatory compliance, and operations.
   (f) The Audit Committee shall meet a minimum of four times per
year and shall, at a minimum, do all the following:
   (1) Regularly review the authority's accounting, audit, and
performance monitoring processes.
   (2) At the time of contract renewal, recommend to the appropriate
committee and the board of directors its nomination for an external
auditor and the compensation of that auditor, and consider at least
every three years, whether there should be a rotation of the audit
firm or the lead audit partner to ensure continuing auditor
independence.
   (3) Advise the appropriate committee and the board of directors
regarding the selection of the auditor.
   (4) Be responsible for oversight and monitoring of internal and
external audit functions, and monitoring performance of, and internal
compliance with, authority policies and procedures.
   (5) Be responsible for overseeing the annual audit by the external
auditors and any internal audits.
   (6) Make recommendations to the full board regarding paragraphs
(1) to (5), inclusive.
   (g) An affirmative vote by at least five members of the Audit
Committee shall be required for approval of the annual internal and
external audits, including performance monitoring, the auditor's
annual audit plan for each fiscal year submitted to the board for
approval, and actions recommending or approving debt financing for
the authority.


170024.  (a) Upon request of the board of directors of the
authority, and with the consent of any labor organization acting as
the exclusive representative of employees of the authority whose
rights are governed by a collective bargaining agreement, the board
may enter into a contract to enroll those employees as members of the
California Public Employees' Retirement System (CalPERS) or another
retirement system.
   (b) A contract to enroll employees in CalPERS shall be subject to
the provisions of Part 3 (commencing with Section 20000) of Division
5 of Title 2 of the Government Code and, where permitted by the law
governing that system, shall receive full reciprocity with public
employees' retirement systems in which they previously participated.
   (c) Employees transferred from any existing retirement system or
pension plan to CalPERS or any other retirement system by operation
of this section shall receive benefits immediately after enrollment
in, or transfer to, the system that are equal to the benefits the
employees would have been entitled to immediately before enrollment
in, or transfer to, the system.
   (d) Notwithstanding any other provision of law, as a result of
implementation of the San Diego County Regional Airport Authority
Reform Act of 2007, no employee that is not a member of the authority'
s executive committee shall incur loss of employment or reduction in
wages, health and welfare benefits, seniority, retirement benefits or
contributions made to retirement plans, or other terms and
conditions of employment. The board of directors of the authority
shall recognize all labor organizations and labor agreements in
effect on January 1, 2008, that do not concern employees serving on
the authority's executive committee.



170026.  (a) The board of directors shall appoint the following
executive employees of the authority:
   (1) Chief executive officer.
   (2) General counsel.
   (3) Auditor.
   (b) The chief executive officer shall be responsible for all of
the following:
   (1) The implementation of the policies established by the board of
directors for the operation of the authority.
   (2) The appointment, supervision, discipline, and dismissal of the
authority's other employees, including the deputy chief executive
officer, consistent with the employee relations system established by
the board of directors.
   (3) The supervision of the authority's facilities and services.
   (4) The supervision of the authority's finances.