Article 6. Other Officers of California Public Utilities Code >> Division 10. >> Part 1. >> Chapter 3. >> Article 6.
The board shall appoint and fix the salary of a general
manager, who shall have full charge of the acquisition, construction,
maintenance, and operation of the facilities of the district and
also of the administration of the business affairs of the district.
All other things being equal, the board shall appoint as
general manager some person who has had experience in the
construction or management of transit facilities.
The general manager need not be a resident of this State at
the time of his appointment.
The general manager shall hold office for an indefinite term
and may be removed by the board only upon the adoption of a
resolution by the affirmative vote of not less than a majority of the
board. Before the general manager may be removed, he shall, if he
demands it, be given a written statement of the reasons alleged for
his removal and he shall have the right to be publicly heard thereon
at a meeting of the board prior to the final vote on the resolution
providing for his removal, but pending and during such hearing the
board may suspend him from office. The board may not reduce the
salary of the general manager below the amount fixed at the time of
his original appointment except upon the adoption of a resolution by
a like vote and after a like opportunity to be heard. The action of
the board in suspending or removing the general manager or reducing
his salary, if approved by a majority of the membership of the board,
Notwithstanding this article, until such time as the
district has operated, controlled, or used facilities or parts of
facilities for providing the inhabitants and cities within the
boundaries of the district with transit services for a period of six
months, the board may or may not appoint a general manager, who
during such time holds office at the pleasure of the majority of the
The board may appoint a secretary and an attorney, who shall
hold office during the pleasure of the board.
The attorney shall be admitted to practice law in the
Supreme Court of the State, and shall have been actively engaged in
the practice of his profession for not less than three years next
preceding his appointment.
The secretary, and such assistants as the board may
determine, shall have the power to administer all oaths or
affirmations required by this part, including the oath of office.
The board may consolidate any of the district offices in one
The oath of office of all appointive officers of the
district shall be taken, subscribed, and filed with the secretary of
the district at any time after the officer has notice of his
appointment but not later than 15 days after the commencement of his
term of office. No other filing is required.
Each appointive officer shall give such bond and in such
amount as the board may require.
Subject to the control of the board, the powers and duties
of the general manager are:
(a) To have full charge of the acquisition, construction,
maintenance, and operation of the facilities of the district.
(b) To have full charge of the administration of the business
affairs of the district.
(c) To see that all ordinances of the district are enforced.
(d) To administer the personnel system adopted by the board and
except for officers appointed by the board to appoint, discipline or
remove all officers and employees subject to the rules and
regulations adopted by the board and the labor provisions of this
law, whichever are applicable.
(e) To attend all meetings of the board and submit a general
report of the affairs of the district.
(f) To keep the board advised as to the needs of the district.
(g) To prepare or cause to be prepared all plans and
specifications for the construction of the works of the district.
(h) To devote his entire time to the business of the district.
(i) To perform such other and additional duties as the board may
The general manager shall within 90 days from the end of
each fiscal year cause to be published a financial report showing the
result of operations for the preceding fiscal year and the financial
status of the district on the last day thereof. The publication
shall be made in the manner provided in this division for the
publication of ordinances and notices generally.
The attorney shall take charge of all suits and other legal
matters to which the district is a party or in which it is legally
interested. He shall give his advice or opinion in writing whenever
required by the board. He shall be the legal adviser of the general
manager and other district officers and shall prepare or approve the
forms of all ordinances, resolutions, contracts, bonds, and other
legal documents connected with the business of the district. He shall
perform such other and additional services as the board may require.
The general manager shall cause to be installed and
maintained a system of auditing and accounting which shall completely
and at all times show the financial condition of the district. All
warrants for the payment of demands against the district shall be
paid in accordance with such rules as the board may establish.
The general manager shall provide for the custody of the
funds of the district and the keeping of accounts of all receipts and
disbursements. Payments shall be made only upon warrants duly and
regularly signed by the president or vice president of the board, or
other person authorized by the board so to do, and by the general
manager or secretary.
With the consent of the board, the general manager may:
(a) Authorize the trust department of any state or national bank
in this State, or a trust company authorized to act as such in this
State, to receive as his agent deposits of any securities acquired by
(b) Place and maintain for safekeeping as a trust deposit with the
trust department of any state or national bank in this State, or a
trust company authorized to act as such in this State, any securities
owned by the district.
The bank or trust company selected shall have a total paid-in
capital of at least one million dollars ($1,000,000). The general
manager shall take from the trust department or trust company a
receipt for the securities, and neither the general manager nor the
district is responsible for the custody and safe return of the
securities until they are withdrawn from the trust department or
trust company by the general manager. Any trust department or trust
company to which securities are delivered, either as agent or
depositary for the general manager, shall make such disposition of
the securities as the general manager directs and is responsible only
for strict compliance with written instructions given to it by the
general manager. All such securities are at all times subject to the
order of the general manager.