Article 2. Jurisdiction And Powers Of The Board of California Harbors And Navigation Code >> Division 8. >> Part 6. >> Chapter 2. >> Article 2.
The powers of a district established pursuant to this part
shall be exercised by the board, by ordinance or resolution passed by
a majority vote of the board.
All ordinances shall be published in a newspaper of general
circulation, printed or published in one of the counties in which the
district is situated, at least five days before final passage.
All franchises and leases for a period of more than 10 years, to
be valid, shall be authorized by ordinance.
A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
Government Code.
Any grant of a franchise or lease of property of the district
shall not be for a longer period than 50 years. Notwithstanding
anything herein contained, a district may grant to any common carrier
by rail a franchise to operate equipment over any belt railroad, or
part thereof, of the district for so long as the district shall own
such railroad, and such franchise need not provide for readjustment
of compensation therefor during its term.
The district, may itself, without letting contracts therefor,
do such work and make such improvements as are necessary. The work
shall be done under the supervision and direction of its officers or
employees.
An officer of the district, and any of its employees, shall
not be interested directly or indirectly in any contract or
transaction with the district or become surety for the performance of
any contract made with or for the district upon bonds given to the
district. An officer or employee of the district shall not receive
any commission or thing of value, or derive any profit, benefit, or
advantage directly or indirectly from or by reason of any dealings
with or service for the district by himself or others, except as
lawful compensation as such officer or employee. The violation of the
provisions of this section by any such officer or employee works a
forfeiture of his office or employment.
The board may prescribe rules and regulations pertaining to
the selection of officers and employees of the district, other than
the auditor. It shall also provide the method of selecting such
officers and employees and establish appropriate salary ranges for
all officers and employees of the district except the auditor. The
term of each officer appointed by the board is during its pleasure.
The board may adopt and carry into effect a contract or
contracts of group insurance or a system of group annuities or both
for the benefit of such of the officers and employees of the district
as accept the same and who have authorized the board to make
deductions from their compensation for the payment of a portion of
the premium thereon. Contracts of group insurance or systems of group
annuities which include benefits to dependents of officers and
employees are contracts of group insurance or systems of group
annuities for the benefit of officers and employees for the purpose
of this section. The board may make such deductions and may pay the
remainder of such premiums from any funds of the district not
required to be devoted to a specific purpose. The board may pay such
portions of the premiums thereon or attributable thereto as it
determines to be advisable. The board may arrange or contract for a
contract or contracts of group insurance or a system of group
annuities or both with any public agency or any insurance company or
agent authorized by or pursuant to law to transact such business
within this State.
(a) In lieu of the benefits afforded pursuant to Division 4
(commencing with Section 3200) and Division 4.7 (commencing with
Section 6200) of the Labor Code, the district may agree to provide
workers' compensation benefits to its stevedore employees in amounts,
and under such conditions, as would be payable to stevedore
employees of private employers pursuant to the Longshoremen's and
Harbor Workers' Compensation Act (33 U.S.C. 901, et seq.).
(b) Such an agreement shall be binding upon the parties only if it
is in writing and signed by the employee and by a representative of
the district. It shall acknowledge, in writing, that the benefits
agreed upon are authorized by this section and are expressly in lieu
of any benefits available under Division 4 (commencing with Section
3200) and Division 4.7 (commencing with Section 6200) of the Labor
Code.
(c) All claims for benefits against the district which are
authorized by this section shall be determined pursuant to law and
the rules and regulations of the Workers' Compensation Appeals Board.
To the fullest extent possible, the Workers' Compensation Appeals
Board shall attempt to apply the Longshoremen's and Harbor Workers'
Compensation Act to employees covered by this section in the same
manner as applicable to private employees.
(d) Notwithstanding the provisions of Section 11779 of the
Insurance Code or any other provision of law, the State Compensation
Insurance Fund may provide insurance coverage for the benefits
authorized by this section.