Section 30401 Of Chapter 10. Orange County Financial Control From California Government Code >> Division 3. >> Title 3. >> Chapter 10.
30401
. (a) If the county has not filed a plan of adjustment with
the bankruptcy court by January 1, 1996, the Governor may appoint an
individual to serve as trustee of the county. The appointment may
occur at any time after January 1, 1996, until confirmation of the
plan. Notwithstanding the timely filing of a plan of adjustment, the
Governor shall appoint a trustee if the Governor determines that, as
of May 1, 1996, or any date thereafter, the parties specified below
have failed to reach substantial agreement on the terms of the plan
of adjustment and the timely confirmation of the plan appears
unlikely. Before reaching the foregoing determination, the Governor
or his or her designee shall first consult with (1) the specified
county officers and the board of supervisors, (2) the Official
Committee of Unsecured Creditors of the County of Orange appointed in
the pending case, and (3) the Official Committee of Investment Pools
Participants appointed in the investment pools case. The trustee is
a public official of the state and shall serve at the pleasure of,
and is responsible to, the Governor.
(b) The trustee shall have recognized expertise in management and
public finance.
(c) The trustee may institute a financial plan for the county if
the county fails to present a balanced budget.
(d) In implementing a financial plan for the county, the trustee
may exercise all necessary and appropriate powers of the county board
of supervisors, subject to the same legal limitations that apply to
the board of supervisors.
(e) The trustee shall exercise the powers granted pursuant to this
chapter for an emergency period that ends upon the adoption, after
the appointment of the trustee, of two consecutive balanced final
budgets and achievement of two positive audited fund balances, as
determined by the Governor or his or her designee.