BILL NUMBER: AB 1036	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Allen

                        FEBRUARY 18, 2011

   An act to amend Section 5549 of the Public Resources Code,
relating to parks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1036, as introduced, Allen. Parks: park districts: employees.
   Existing law authorizes the creation of a regional park district,
a regional park and open-space district, or a regional open-space
district in specified ways and provides that the district may
exercise any powers granted to it under law. Existing law provides
that a general manager of a district has certain administrative and
executive functions, powers, and duties, including appointing
subordinates, clerks, and other employees, and exercising supervision
and control over all departments and offices of the district.
Existing law requires that the appointees hold employment at the
pleasure of the general manager.
   This bill would delete the requirement that the appointees hold
employment at the pleasure of the general manager.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5549 of the Public Resources Code is amended to
read:
   5549.  (a) The general manager has the following administrative
and executive functions, powers, and duties. The general manager
shall do all of the following:
   (1) Enforce this article and all ordinances and regulations of the
district.
   (2) Appoint subordinates, clerks, and other employees, and
exercise supervision and control over all departments and offices of
the district.  Those appointees shall hold employment at the
pleasure of the general manager. 
   (3) Attend all meetings of the board unless excused by the board.
   (4) Submit to the board for adoption any measures, ordinances, and
regulations he or she deems necessary or expedient.
   (5) Enforce all terms and conditions imposed in favor of the
district or its inhabitants in any contract and report any violations
to the board or the police department, as appropriate.
   (6) Prepare and submit the annual budget to the board  ,
 and perform all other duties imposed by this article or by
the board.
   (b) (1) With the approval of the board, the general manager may
bind the district, in accordance with board policy, and without
advertising, for the payment for supplies, materials, labor, or other
valuable consideration for any purpose other than new construction
of  any   a  building, structure, or
improvement in amounts not exceeding ten thousand dollars ($10,000),
and for the payment for supplies, materials, or labor for new
construction of  any   a  building,
structure, or improvement in amounts not exceeding twenty-five
thousand dollars ($25,000). All expenditures shall be reported to the
board of directors at its next regular meeting.
   (2) Notwithstanding paragraph (1), with the approval of the board,
the general manager of the East Bay Regional Park District, the
general manager of the Midpeninsula Regional Open Space District, and
the general manager of the Sonoma County Agricultural Preservation
and Open Space District may bind those districts, in accordance with
board policy, and without advertising, for the payment for supplies,
materials, labor, or other valuable consideration for any purpose,
including the new construction of any building, structure, or
improvement in amounts not exceeding twenty-five thousand dollars
($25,000). All expenditures shall be reported to the board of
directors at its next regular meeting.