BILL NUMBER: AB 495	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 23, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 495, as introduced, Gordon. Regional park and open-space
districts: general manager: powers.
   Existing law authorizes the general manager of any park or
open-space district, with district board approval, to bind the
district, in accordance with board policy, and without advertising,
for the payment of amounts not exceeding $25,000 for supplies,
materials, labor, or other valuable consideration for any purpose.
   This bill would authorize the general managers of the East Bay
Regional Park District and the Midpeninsula Regional Open Space
District to bind those districts, with district board approval and in
accordance with board policy, for the payment of supplies,
materials, labor, or other valuable consideration for any purpose, in
amounts not exceeding $50,000.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the East Bay Regional Park
District and the Midpeninsula Regional Open Space District.
   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 and remove subordinates, clerks, and other employees,
and exercise supervision and control over all departments and offices
of the district, subject to the personnel rules, civil service or
merit system, and policies adopted by the board.
   (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   including  new construction
of a building, structure, or improvement, in amounts not exceeding
twenty-five thousand dollars  ($25,000), and for the payment
for supplies, materials, labor, or other valuable consideration for
new construction of 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 and the
general manager of the Midpeninsula Regional Open Space District may
bind those districts, in accordance with board policy, and without
advertising, for the payment of supplies, materials, labor, or other
valuable consideration for any purpose, including new construction of
a building, structure, or improvement, in amounts not exceeding
fifty thousand dollars ($50,000). All expenditures shall be reported
to the board of directors at its next regular meeting. 
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique financial situations of the districts affected
by this act.