40420. (a) The south coast district shall be governed by a district
board consisting of 13 members appointed as follows:
(1) One member appointed by the Governor, with the advice and
consent of the Senate.
(2) One member appointed by the Senate Committee on Rules.
(3) One member appointed by the Speaker of the Assembly.
(4) Four members appointed by the boards of supervisors of the
counties in the south coast district. Each board of supervisors shall
appoint one of these members, who shall be one of the following:
(A) A member of the board of supervisors of the county making the
appointment.
(B) A mayor or member of a city council from a city in the portion
of the county making the appointment that is included in the south
coast district.
(5) Three members appointed by cities in the south coast district.
The city selection committee of Orange, Riverside, and San
Bernardino Counties shall each appoint one of these members, who
shall be either a mayor or a member of the city council of a city in
the portion of the county included in the south coast district.
(6) A member appointed by the cities of the western region of Los
Angeles County, consisting of the Cities of Agoura Hills, Artesia,
Avalon, Bell, Bellflower, Bell Gardens, Beverly Hills, Calabasas,
Carson, Cerritos, Commerce, Compton, Cudahy, Culver City, Downey, El
Segundo, Gardena, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden
Hills, Huntington Park, Inglewood, La Habra Heights, La Mirada,
Lakewood, Lawndale, Lomita, Long Beach, Lynwood, Malibu, Manhattan
Beach, Maywood, Montebello, Norwalk, Palos Verdes Estates, Paramount,
Pico Rivera, Rancho Palos Verdes, Redondo Beach, Rolling Hills,
Rolling Hills Estates, Santa Fe Springs, Santa Monica, Signal Hill,
South Gate, Torrance, Vernon, West Hollywood, Westlake Village, and
Whittier. These cities shall organize as a city selection committee
for the purposes of subdivision (f), and shall be known as the city
selection committee of the western region of Los Angeles County. The
member appointed shall be either a mayor or a member of the city
council of a city in the western region.
(7) A member appointed by the cities of the eastern region of Los
Angeles County, consisting of the cities in Los Angeles County that
are not listed in paragraph (6) or (8), and excluding the Cities of
Lancaster, Los Angeles, and Palmdale. These cities shall organize as
a city selection committee for the purposes of subdivision (f), and
shall be known as the city selection committee of the eastern region
of Los Angeles County. The member appointed shall be either a mayor
or a member of the city council of a city in the eastern region.
(8) A member appointed by the Mayor of the City of Los Angeles
from among the members of the Los Angeles City Council.
(b) All members shall be appointed on the basis of their
demonstrated interest and proven ability in the field of air
pollution control and their understanding of the needs of the general
public in connection with air pollution problems of the South Coast
Air Basin.
(c) The member appointed by the Governor shall be either a
physician who has training and experience in the health effects of
air pollution, an environmental engineer, a chemist, a meteorologist,
or a specialist in air pollution control.
(d) Each member shall be appointed on the basis of his or her
ability to attend substantially all meetings of the south coast
district board, to discharge all duties and responsibilities of a
member of the south coast district board on a regular basis, and to
participate actively in the affairs of the south coast district. No
member may designate an alternate for any purpose or otherwise be
represented by another in his or her capacity as a member of the
south coast district board.
(e) Each appointment by a board of supervisors shall be considered
and acted on at a duly noticed, regularly scheduled hearing of the
board of supervisors, which shall provide an opportunity for
testimony on the qualifications of the candidates for appointment.
(f) The appointments by cities in the south coast district shall
be considered and acted on at a duly noticed meeting of the city
selection committee, which shall meet in a government building and
provide an opportunity for testimony on the qualifications of the
candidates for appointment. Each appointment shall be made by not
less than a majority of all the cities in the portion of the county
included in the south coast district having not less than a majority
of the population of all the cities in the portion of the county
included in the south coast district. Population shall be determined
on the basis of the most recent verifiable census data developed by
the Department of Finance. Persons residing in unincorporated areas
or areas of a county outside the south coast district shall not be
considered for the purposes of this subdivision.
(g) The members appointed by the Senate Committee on Rules and the
Speaker of the Assembly shall have one or more of the qualifications
specified in subdivision (c) or shall be a public member. None of
those appointed members may be a locally elected official.
(h) All members shall be residents of the district.
(i) (1) The member who was serving on the district board as of
June 1, 2007, who had been appointed to represent the eastern region
of Los Angeles County shall be deemed on January 1, 2008, to be the
member appointed to represent the western region of Los Angeles
County pursuant to paragraph (6) of subdivision (a) and shall serve
from January 1, 2008, until the end of the term of office for the
member who had been appointed to represent the western region of Los
Angeles County. At the end of that term, the city selection committee
of the western region of Los Angeles County shall make an
appointment pursuant to paragraph (6) of subdivision (a).
(2) The member who was serving on the district board as of June 1,
2007, who had been appointed to represent the western region of Los
Angeles County shall be deemed on January 1, 2008, to be the member
appointed pursuant to paragraph (8) of subdivision (a) until the end
of that member's term. At the end of that term, the Mayor of the City
of Los Angeles shall make an appointment pursuant to paragraph (8)
of subdivision (a).
(3) On or after January 1, 2008, the city selection committee of
the eastern region of Los Angeles County shall convene promptly to
make an appointment pursuant to paragraph (7) of subdivision (a).
40421.5. For the purpose of complying with Section 50271 of the
Government Code, each mayor shall designate a member of the city's
legislative body to attend and vote in his or her place and as his or
her representative if the mayor is unable to attend any meeting of
the city selection committee to be held pursuant to this article. If
a mayor does not make this designation within 10 days preceding a
meeting of the city selection committee, the legislative body shall
designate one of its own members to represent the city.
40422. (a) The term of each member of the south coast district
board shall be four years and until his or her successor is
appointed. Upon the expiration of his or her term, a member who is a
mayor from the County of Orange or a member of a city council from
the County of Orange may be reappointed, in accordance with
subdivision (f) of Section 40420, within 60 days, and the office
shall become vacant if the member is not so reappointed within 60
days. Any vacancy on the south coast district board shall be filled
within 60 days of its occurrence by its appointing authority.
(b) The members first appointed to the board shall classify
themselves by lot so that the terms of four members expire January
15, 1990, the terms of four members expire January 15, 1991, and the
terms of three members expire January 15, 1992.
(c) Notwithstanding subdivision (a), no member of a board of
supervisors, mayor, or member of a city council shall hold office on
the south coast district board for more than 60 days after ceasing to
be supervisor, mayor, or member of the city council, respectively,
and the membership on the board held by that person terminates upon
the expiration of that 60-day period. However, any mayor who
immediately resumes the office of member of the city council, and any
member of a city council who becomes mayor, has not ceased to hold
office for the purposes of this subdivision.
(d) Any member who does not attend three consecutive meetings of
the south coast district board without good and sufficient cause
therefor, shall be removed by the appointing authority. Any member
who does not attend three consecutive meetings of the south coast
district board, without good and sufficient cause therefor, and is
not thereupon removed by the appointing authority, may be removed by
the affirmative vote of at least eight members of the south coast
district board.
40423. The south coast district board shall provide for the
frequency and location of its meetings, except that no meeting of the
south coast district board shall take place without public notice
given at least seven days in advance of the scheduled date of the
meeting or, as to special and emergency meetings, without complying
with the requirements of Section 54956 or 54956.5, respectively, of
the Government Code.
40424. (a) Except as provided in subdivision (b), seven members of
the south coast district board shall constitute a quorum, and no
official action shall be taken by the south coast district board
except in the presence of a quorum and upon the affirmative votes of
a majority of the members of the south coast district board.
(b) Notwithstanding subdivision (a), whenever there are two or
more vacancies on the south coast district board, six members shall
constitute a quorum, and the two vacant positions shall not be
counted toward the majority required for official action by the south
coast district board. Thereafter, whenever at least one of those
vacancies is filled, the quorum and voting requirements of
subdivision (a) shall apply.
40424.5. Voting by the south coast district board on the adoption
of all items on its agenda shall be by rollcall. Unless any board
member objects, a substitute rollcall may be used on any agenda item.
A substitute rollcall shall consist of a unanimous voice vote of the
south coast district board members in attendance and shall be
recorded by the clerk of the board as an "aye" vote for all members
present. For purposes of this section, any consent calendar is a
single item.
40425. The south coast district board shall elect a chairperson
every two years from its membership.
40426. Each member of the south coast district board shall receive
compensation of one hundred dollars ($100) for each day, or portion
thereof, but not to exceed one thousand dollars ($1,000) per month,
while attending meetings of the south coast district board or any
committee thereof or, upon authorization of the south coast district
board, while on official business of the south coast district, and
the actual and necessary expenses incurred in performing the member's
official duties.
40426.5. (a) Upon the request of any person, or on his or her own
initiative, the Attorney General may file a complaint in the superior
court for the county in which the south coast district board has its
principal office alleging that a member of the south coast district
board knowingly or willfully violated any provision of Title 9
(commencing with Section 81000) of the Government Code, setting forth
the facts upon which the allegation is based, and asking that the
member be removed from office. Further proceedings shall be in
accordance as near as may be with rules governing civil actions. If,
after trial, the court finds that the member of the south coast
district board knowingly violated this section, it shall issue an
order removing the member from office.
(b) The remedy provided in this section is in addition to, and not
to the exclusion of, any other remedy, sanction, or penalty
available pursuant to law.
40426.7. (a) No retired, dismissed, or separated employee or
officer of the south coast district, or member of the south coast
district board, shall participate in any contract of the district in
which he or she engaged in any of the negotiations, transactions,
planning, arrangements, or any part of the decisionmaking process
relevant to the contract while acting in the capacity of employee or
officer of the south coast district, or member of the south coast
district board, during the 24-month period commencing on the date the
person became retired, dismissed, or separated from service with the
south coast district or ceased being a member of the south coast
district board.
(b) For a period of 12 months following retirement, dismissal, or
separation from service with the south coast district, no former
employee or officer of the south coast district, or member of the
south coast district board, shall enter into a contract with the
south coast district if that person had been with the south coast
district in a position involving making any decision, giving or
withholding any approval, making any recommendation, rendering any
advice, or conducting any investigation concerning the general
subject of the proposed contract within 12 months prior to
retirement, dismissal, or separation from service with the south
coast district. Notwithstanding the prohibitions in this subdivision,
the south coast district board may, by a two-thirds vote, enter into
a contract with a retired employee of the south coast district or an
employee who separated under conditions satisfactory to the south
coast district if the south coast district board finds and determines
that, at the time of the retirement or separation, the employee was
working on one or more programs that are of great importance to the
south coast district, that the services of the employee are necessary
to assure the continued effectiveness of the program or programs,
that the contract is only for that period of time necessary to
complete the employee's work on the program or programs, and that the
employee is the most qualified person to provide the needed
services.
(c) No former employee or officer of the south coast district
previously holding a position designated in the conflict-of-interest
code of the south coast district, and no member of the south coast
district board, who was, at any time while in the service of the
south coast district, involved in making any decision, giving or
withholding any approval, making any recommendation, rendering any
advice, or conducting any investigation involving a particular person
shall, with respect to any of these matters that the former
employee, officer, or member of the south coast district board was
involved in, do any of the following:
(1) Act as an agent or attorney, or otherwise represent, that
person in an appearance before the south coast district board or the
hearing board.
(2) Make a communication on behalf of that person with the intent
to influence the south coast district board or its officers or
employees or the hearing board.
(3) Represent, aid, counsel, advise, consult with, or otherwise
assist that person in connection with any of these matters in any
capacity.
(4) Knowingly enter into a contract or accept employment for any
purpose specified in this subdivision.
(d) Any violation of this section is a misdemeanor.
(e) This section applies only to employees and officers who are in
the employment of the south coast district on or after July 1, 1988,
and members serving on the south coast district board on or after
July 1, 1988.
(f) This section shall become operative on July 1, 1988.
40427. The south coast district board shall determine the location
of its headquarters and may establish branch offices in each of the
counties included, in whole or in part, within the south coast
district, and in such other parts of the south coast district as it
deems necessary.
40428. There is continued in existence the South Coast Air Quality
Management District Advisory Council, which is appointed by the south
coast district board, to advise and consult with the south coast
district board in effectuating the purpose of this division.
The membership and rules of the advisory council shall be as
established by resolution of the south coast district board.
40420. (a) The south coast district shall be governed by a district
board consisting of 13 members appointed as follows:
(1) One member appointed by the Governor, with the advice and
consent of the Senate.
(2) One member appointed by the Senate Committee on Rules.
(3) One member appointed by the Speaker of the Assembly.
(4) Four members appointed by the boards of supervisors of the
counties in the south coast district. Each board of supervisors shall
appoint one of these members, who shall be one of the following:
(A) A member of the board of supervisors of the county making the
appointment.
(B) A mayor or member of a city council from a city in the portion
of the county making the appointment that is included in the south
coast district.
(5) Three members appointed by cities in the south coast district.
The city selection committee of Orange, Riverside, and San
Bernardino Counties shall each appoint one of these members, who
shall be either a mayor or a member of the city council of a city in
the portion of the county included in the south coast district.
(6) A member appointed by the cities of the western region of Los
Angeles County, consisting of the Cities of Agoura Hills, Artesia,
Avalon, Bell, Bellflower, Bell Gardens, Beverly Hills, Calabasas,
Carson, Cerritos, Commerce, Compton, Cudahy, Culver City, Downey, El
Segundo, Gardena, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden
Hills, Huntington Park, Inglewood, La Habra Heights, La Mirada,
Lakewood, Lawndale, Lomita, Long Beach, Lynwood, Malibu, Manhattan
Beach, Maywood, Montebello, Norwalk, Palos Verdes Estates, Paramount,
Pico Rivera, Rancho Palos Verdes, Redondo Beach, Rolling Hills,
Rolling Hills Estates, Santa Fe Springs, Santa Monica, Signal Hill,
South Gate, Torrance, Vernon, West Hollywood, Westlake Village, and
Whittier. These cities shall organize as a city selection committee
for the purposes of subdivision (f), and shall be known as the city
selection committee of the western region of Los Angeles County. The
member appointed shall be either a mayor or a member of the city
council of a city in the western region.
(7) A member appointed by the cities of the eastern region of Los
Angeles County, consisting of the cities in Los Angeles County that
are not listed in paragraph (6) or (8), and excluding the Cities of
Lancaster, Los Angeles, and Palmdale. These cities shall organize as
a city selection committee for the purposes of subdivision (f), and
shall be known as the city selection committee of the eastern region
of Los Angeles County. The member appointed shall be either a mayor
or a member of the city council of a city in the eastern region.
(8) A member appointed by the Mayor of the City of Los Angeles
from among the members of the Los Angeles City Council.
(b) All members shall be appointed on the basis of their
demonstrated interest and proven ability in the field of air
pollution control and their understanding of the needs of the general
public in connection with air pollution problems of the South Coast
Air Basin.
(c) The member appointed by the Governor shall be either a
physician who has training and experience in the health effects of
air pollution, an environmental engineer, a chemist, a meteorologist,
or a specialist in air pollution control.
(d) Each member shall be appointed on the basis of his or her
ability to attend substantially all meetings of the south coast
district board, to discharge all duties and responsibilities of a
member of the south coast district board on a regular basis, and to
participate actively in the affairs of the south coast district. No
member may designate an alternate for any purpose or otherwise be
represented by another in his or her capacity as a member of the
south coast district board.
(e) Each appointment by a board of supervisors shall be considered
and acted on at a duly noticed, regularly scheduled hearing of the
board of supervisors, which shall provide an opportunity for
testimony on the qualifications of the candidates for appointment.
(f) The appointments by cities in the south coast district shall
be considered and acted on at a duly noticed meeting of the city
selection committee, which shall meet in a government building and
provide an opportunity for testimony on the qualifications of the
candidates for appointment. Each appointment shall be made by not
less than a majority of all the cities in the portion of the county
included in the south coast district having not less than a majority
of the population of all the cities in the portion of the county
included in the south coast district. Population shall be determined
on the basis of the most recent verifiable census data developed by
the Department of Finance. Persons residing in unincorporated areas
or areas of a county outside the south coast district shall not be
considered for the purposes of this subdivision.
(g) The members appointed by the Senate Committee on Rules and the
Speaker of the Assembly shall have one or more of the qualifications
specified in subdivision (c) or shall be a public member. None of
those appointed members may be a locally elected official.
(h) All members shall be residents of the district.
(i) (1) The member who was serving on the district board as of
June 1, 2007, who had been appointed to represent the eastern region
of Los Angeles County shall be deemed on January 1, 2008, to be the
member appointed to represent the western region of Los Angeles
County pursuant to paragraph (6) of subdivision (a) and shall serve
from January 1, 2008, until the end of the term of office for the
member who had been appointed to represent the western region of Los
Angeles County. At the end of that term, the city selection committee
of the western region of Los Angeles County shall make an
appointment pursuant to paragraph (6) of subdivision (a).
(2) The member who was serving on the district board as of June 1,
2007, who had been appointed to represent the western region of Los
Angeles County shall be deemed on January 1, 2008, to be the member
appointed pursuant to paragraph (8) of subdivision (a) until the end
of that member's term. At the end of that term, the Mayor of the City
of Los Angeles shall make an appointment pursuant to paragraph (8)
of subdivision (a).
(3) On or after January 1, 2008, the city selection committee of
the eastern region of Los Angeles County shall convene promptly to
make an appointment pursuant to paragraph (7) of subdivision (a).
40421.5. For the purpose of complying with Section 50271 of the
Government Code, each mayor shall designate a member of the city's
legislative body to attend and vote in his or her place and as his or
her representative if the mayor is unable to attend any meeting of
the city selection committee to be held pursuant to this article. If
a mayor does not make this designation within 10 days preceding a
meeting of the city selection committee, the legislative body shall
designate one of its own members to represent the city.
40422. (a) The term of each member of the south coast district
board shall be four years and until his or her successor is
appointed. Upon the expiration of his or her term, a member who is a
mayor from the County of Orange or a member of a city council from
the County of Orange may be reappointed, in accordance with
subdivision (f) of Section 40420, within 60 days, and the office
shall become vacant if the member is not so reappointed within 60
days. Any vacancy on the south coast district board shall be filled
within 60 days of its occurrence by its appointing authority.
(b) The members first appointed to the board shall classify
themselves by lot so that the terms of four members expire January
15, 1990, the terms of four members expire January 15, 1991, and the
terms of three members expire January 15, 1992.
(c) Notwithstanding subdivision (a), no member of a board of
supervisors, mayor, or member of a city council shall hold office on
the south coast district board for more than 60 days after ceasing to
be supervisor, mayor, or member of the city council, respectively,
and the membership on the board held by that person terminates upon
the expiration of that 60-day period. However, any mayor who
immediately resumes the office of member of the city council, and any
member of a city council who becomes mayor, has not ceased to hold
office for the purposes of this subdivision.
(d) Any member who does not attend three consecutive meetings of
the south coast district board without good and sufficient cause
therefor, shall be removed by the appointing authority. Any member
who does not attend three consecutive meetings of the south coast
district board, without good and sufficient cause therefor, and is
not thereupon removed by the appointing authority, may be removed by
the affirmative vote of at least eight members of the south coast
district board.
40423. The south coast district board shall provide for the
frequency and location of its meetings, except that no meeting of the
south coast district board shall take place without public notice
given at least seven days in advance of the scheduled date of the
meeting or, as to special and emergency meetings, without complying
with the requirements of Section 54956 or 54956.5, respectively, of
the Government Code.
40424. (a) Except as provided in subdivision (b), seven members of
the south coast district board shall constitute a quorum, and no
official action shall be taken by the south coast district board
except in the presence of a quorum and upon the affirmative votes of
a majority of the members of the south coast district board.
(b) Notwithstanding subdivision (a), whenever there are two or
more vacancies on the south coast district board, six members shall
constitute a quorum, and the two vacant positions shall not be
counted toward the majority required for official action by the south
coast district board. Thereafter, whenever at least one of those
vacancies is filled, the quorum and voting requirements of
subdivision (a) shall apply.
40424.5. Voting by the south coast district board on the adoption
of all items on its agenda shall be by rollcall. Unless any board
member objects, a substitute rollcall may be used on any agenda item.
A substitute rollcall shall consist of a unanimous voice vote of the
south coast district board members in attendance and shall be
recorded by the clerk of the board as an "aye" vote for all members
present. For purposes of this section, any consent calendar is a
single item.
40425. The south coast district board shall elect a chairperson
every two years from its membership.
40426. Each member of the south coast district board shall receive
compensation of one hundred dollars ($100) for each day, or portion
thereof, but not to exceed one thousand dollars ($1,000) per month,
while attending meetings of the south coast district board or any
committee thereof or, upon authorization of the south coast district
board, while on official business of the south coast district, and
the actual and necessary expenses incurred in performing the member's
official duties.
40426.5. (a) Upon the request of any person, or on his or her own
initiative, the Attorney General may file a complaint in the superior
court for the county in which the south coast district board has its
principal office alleging that a member of the south coast district
board knowingly or willfully violated any provision of Title 9
(commencing with Section 81000) of the Government Code, setting forth
the facts upon which the allegation is based, and asking that the
member be removed from office. Further proceedings shall be in
accordance as near as may be with rules governing civil actions. If,
after trial, the court finds that the member of the south coast
district board knowingly violated this section, it shall issue an
order removing the member from office.
(b) The remedy provided in this section is in addition to, and not
to the exclusion of, any other remedy, sanction, or penalty
available pursuant to law.
40426.7. (a) No retired, dismissed, or separated employee or
officer of the south coast district, or member of the south coast
district board, shall participate in any contract of the district in
which he or she engaged in any of the negotiations, transactions,
planning, arrangements, or any part of the decisionmaking process
relevant to the contract while acting in the capacity of employee or
officer of the south coast district, or member of the south coast
district board, during the 24-month period commencing on the date the
person became retired, dismissed, or separated from service with the
south coast district or ceased being a member of the south coast
district board.
(b) For a period of 12 months following retirement, dismissal, or
separation from service with the south coast district, no former
employee or officer of the south coast district, or member of the
south coast district board, shall enter into a contract with the
south coast district if that person had been with the south coast
district in a position involving making any decision, giving or
withholding any approval, making any recommendation, rendering any
advice, or conducting any investigation concerning the general
subject of the proposed contract within 12 months prior to
retirement, dismissal, or separation from service with the south
coast district. Notwithstanding the prohibitions in this subdivision,
the south coast district board may, by a two-thirds vote, enter into
a contract with a retired employee of the south coast district or an
employee who separated under conditions satisfactory to the south
coast district if the south coast district board finds and determines
that, at the time of the retirement or separation, the employee was
working on one or more programs that are of great importance to the
south coast district, that the services of the employee are necessary
to assure the continued effectiveness of the program or programs,
that the contract is only for that period of time necessary to
complete the employee's work on the program or programs, and that the
employee is the most qualified person to provide the needed
services.
(c) No former employee or officer of the south coast district
previously holding a position designated in the conflict-of-interest
code of the south coast district, and no member of the south coast
district board, who was, at any time while in the service of the
south coast district, involved in making any decision, giving or
withholding any approval, making any recommendation, rendering any
advice, or conducting any investigation involving a particular person
shall, with respect to any of these matters that the former
employee, officer, or member of the south coast district board was
involved in, do any of the following:
(1) Act as an agent or attorney, or otherwise represent, that
person in an appearance before the south coast district board or the
hearing board.
(2) Make a communication on behalf of that person with the intent
to influence the south coast district board or its officers or
employees or the hearing board.
(3) Represent, aid, counsel, advise, consult with, or otherwise
assist that person in connection with any of these matters in any
capacity.
(4) Knowingly enter into a contract or accept employment for any
purpose specified in this subdivision.
(d) Any violation of this section is a misdemeanor.
(e) This section applies only to employees and officers who are in
the employment of the south coast district on or after July 1, 1988,
and members serving on the south coast district board on or after
July 1, 1988.
(f) This section shall become operative on July 1, 1988.
40427. The south coast district board shall determine the location
of its headquarters and may establish branch offices in each of the
counties included, in whole or in part, within the south coast
district, and in such other parts of the south coast district as it
deems necessary.
40428. There is continued in existence the South Coast Air Quality
Management District Advisory Council, which is appointed by the south
coast district board, to advise and consult with the south coast
district board in effectuating the purpose of this division.
The membership and rules of the advisory council shall be as
established by resolution of the south coast district board.
40420. (a) The south coast district shall be governed by a district
board consisting of 13 members appointed as follows:
(1) One member appointed by the Governor, with the advice and
consent of the Senate.
(2) One member appointed by the Senate Committee on Rules.
(3) One member appointed by the Speaker of the Assembly.
(4) Four members appointed by the boards of supervisors of the
counties in the south coast district. Each board of supervisors shall
appoint one of these members, who shall be one of the following:
(A) A member of the board of supervisors of the county making the
appointment.
(B) A mayor or member of a city council from a city in the portion
of the county making the appointment that is included in the south
coast district.
(5) Three members appointed by cities in the south coast district.
The city selection committee of Orange, Riverside, and San
Bernardino Counties shall each appoint one of these members, who
shall be either a mayor or a member of the city council of a city in
the portion of the county included in the south coast district.
(6) A member appointed by the cities of the western region of Los
Angeles County, consisting of the Cities of Agoura Hills, Artesia,
Avalon, Bell, Bellflower, Bell Gardens, Beverly Hills, Calabasas,
Carson, Cerritos, Commerce, Compton, Cudahy, Culver City, Downey, El
Segundo, Gardena, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden
Hills, Huntington Park, Inglewood, La Habra Heights, La Mirada,
Lakewood, Lawndale, Lomita, Long Beach, Lynwood, Malibu, Manhattan
Beach, Maywood, Montebello, Norwalk, Palos Verdes Estates, Paramount,
Pico Rivera, Rancho Palos Verdes, Redondo Beach, Rolling Hills,
Rolling Hills Estates, Santa Fe Springs, Santa Monica, Signal Hill,
South Gate, Torrance, Vernon, West Hollywood, Westlake Village, and
Whittier. These cities shall organize as a city selection committee
for the purposes of subdivision (f), and shall be known as the city
selection committee of the western region of Los Angeles County. The
member appointed shall be either a mayor or a member of the city
council of a city in the western region.
(7) A member appointed by the cities of the eastern region of Los
Angeles County, consisting of the cities in Los Angeles County that
are not listed in paragraph (6) or (8), and excluding the Cities of
Lancaster, Los Angeles, and Palmdale. These cities shall organize as
a city selection committee for the purposes of subdivision (f), and
shall be known as the city selection committee of the eastern region
of Los Angeles County. The member appointed shall be either a mayor
or a member of the city council of a city in the eastern region.
(8) A member appointed by the Mayor of the City of Los Angeles
from among the members of the Los Angeles City Council.
(b) All members shall be appointed on the basis of their
demonstrated interest and proven ability in the field of air
pollution control and their understanding of the needs of the general
public in connection with air pollution problems of the South Coast
Air Basin.
(c) The member appointed by the Governor shall be either a
physician who has training and experience in the health effects of
air pollution, an environmental engineer, a chemist, a meteorologist,
or a specialist in air pollution control.
(d) Each member shall be appointed on the basis of his or her
ability to attend substantially all meetings of the south coast
district board, to discharge all duties and responsibilities of a
member of the south coast district board on a regular basis, and to
participate actively in the affairs of the south coast district. No
member may designate an alternate for any purpose or otherwise be
represented by another in his or her capacity as a member of the
south coast district board.
(e) Each appointment by a board of supervisors shall be considered
and acted on at a duly noticed, regularly scheduled hearing of the
board of supervisors, which shall provide an opportunity for
testimony on the qualifications of the candidates for appointment.
(f) The appointments by cities in the south coast district shall
be considered and acted on at a duly noticed meeting of the city
selection committee, which shall meet in a government building and
provide an opportunity for testimony on the qualifications of the
candidates for appointment. Each appointment shall be made by not
less than a majority of all the cities in the portion of the county
included in the south coast district having not less than a majority
of the population of all the cities in the portion of the county
included in the south coast district. Population shall be determined
on the basis of the most recent verifiable census data developed by
the Department of Finance. Persons residing in unincorporated areas
or areas of a county outside the south coast district shall not be
considered for the purposes of this subdivision.
(g) The members appointed by the Senate Committee on Rules and the
Speaker of the Assembly shall have one or more of the qualifications
specified in subdivision (c) or shall be a public member. None of
those appointed members may be a locally elected official.
(h) All members shall be residents of the district.
(i) (1) The member who was serving on the district board as of
June 1, 2007, who had been appointed to represent the eastern region
of Los Angeles County shall be deemed on January 1, 2008, to be the
member appointed to represent the western region of Los Angeles
County pursuant to paragraph (6) of subdivision (a) and shall serve
from January 1, 2008, until the end of the term of office for the
member who had been appointed to represent the western region of Los
Angeles County. At the end of that term, the city selection committee
of the western region of Los Angeles County shall make an
appointment pursuant to paragraph (6) of subdivision (a).
(2) The member who was serving on the district board as of June 1,
2007, who had been appointed to represent the western region of Los
Angeles County shall be deemed on January 1, 2008, to be the member
appointed pursuant to paragraph (8) of subdivision (a) until the end
of that member's term. At the end of that term, the Mayor of the City
of Los Angeles shall make an appointment pursuant to paragraph (8)
of subdivision (a).
(3) On or after January 1, 2008, the city selection committee of
the eastern region of Los Angeles County shall convene promptly to
make an appointment pursuant to paragraph (7) of subdivision (a).
40421.5. For the purpose of complying with Section 50271 of the
Government Code, each mayor shall designate a member of the city's
legislative body to attend and vote in his or her place and as his or
her representative if the mayor is unable to attend any meeting of
the city selection committee to be held pursuant to this article. If
a mayor does not make this designation within 10 days preceding a
meeting of the city selection committee, the legislative body shall
designate one of its own members to represent the city.
40422. (a) The term of each member of the south coast district
board shall be four years and until his or her successor is
appointed. Upon the expiration of his or her term, a member who is a
mayor from the County of Orange or a member of a city council from
the County of Orange may be reappointed, in accordance with
subdivision (f) of Section 40420, within 60 days, and the office
shall become vacant if the member is not so reappointed within 60
days. Any vacancy on the south coast district board shall be filled
within 60 days of its occurrence by its appointing authority.
(b) The members first appointed to the board shall classify
themselves by lot so that the terms of four members expire January
15, 1990, the terms of four members expire January 15, 1991, and the
terms of three members expire January 15, 1992.
(c) Notwithstanding subdivision (a), no member of a board of
supervisors, mayor, or member of a city council shall hold office on
the south coast district board for more than 60 days after ceasing to
be supervisor, mayor, or member of the city council, respectively,
and the membership on the board held by that person terminates upon
the expiration of that 60-day period. However, any mayor who
immediately resumes the office of member of the city council, and any
member of a city council who becomes mayor, has not ceased to hold
office for the purposes of this subdivision.
(d) Any member who does not attend three consecutive meetings of
the south coast district board without good and sufficient cause
therefor, shall be removed by the appointing authority. Any member
who does not attend three consecutive meetings of the south coast
district board, without good and sufficient cause therefor, and is
not thereupon removed by the appointing authority, may be removed by
the affirmative vote of at least eight members of the south coast
district board.
40423. The south coast district board shall provide for the
frequency and location of its meetings, except that no meeting of the
south coast district board shall take place without public notice
given at least seven days in advance of the scheduled date of the
meeting or, as to special and emergency meetings, without complying
with the requirements of Section 54956 or 54956.5, respectively, of
the Government Code.
40424. (a) Except as provided in subdivision (b), seven members of
the south coast district board shall constitute a quorum, and no
official action shall be taken by the south coast district board
except in the presence of a quorum and upon the affirmative votes of
a majority of the members of the south coast district board.
(b) Notwithstanding subdivision (a), whenever there are two or
more vacancies on the south coast district board, six members shall
constitute a quorum, and the two vacant positions shall not be
counted toward the majority required for official action by the south
coast district board. Thereafter, whenever at least one of those
vacancies is filled, the quorum and voting requirements of
subdivision (a) shall apply.
40424.5. Voting by the south coast district board on the adoption
of all items on its agenda shall be by rollcall. Unless any board
member objects, a substitute rollcall may be used on any agenda item.
A substitute rollcall shall consist of a unanimous voice vote of the
south coast district board members in attendance and shall be
recorded by the clerk of the board as an "aye" vote for all members
present. For purposes of this section, any consent calendar is a
single item.
40425. The south coast district board shall elect a chairperson
every two years from its membership.
40426. Each member of the south coast district board shall receive
compensation of one hundred dollars ($100) for each day, or portion
thereof, but not to exceed one thousand dollars ($1,000) per month,
while attending meetings of the south coast district board or any
committee thereof or, upon authorization of the south coast district
board, while on official business of the south coast district, and
the actual and necessary expenses incurred in performing the member's
official duties.
40426.5. (a) Upon the request of any person, or on his or her own
initiative, the Attorney General may file a complaint in the superior
court for the county in which the south coast district board has its
principal office alleging that a member of the south coast district
board knowingly or willfully violated any provision of Title 9
(commencing with Section 81000) of the Government Code, setting forth
the facts upon which the allegation is based, and asking that the
member be removed from office. Further proceedings shall be in
accordance as near as may be with rules governing civil actions. If,
after trial, the court finds that the member of the south coast
district board knowingly violated this section, it shall issue an
order removing the member from office.
(b) The remedy provided in this section is in addition to, and not
to the exclusion of, any other remedy, sanction, or penalty
available pursuant to law.
40426.7. (a) No retired, dismissed, or separated employee or
officer of the south coast district, or member of the south coast
district board, shall participate in any contract of the district in
which he or she engaged in any of the negotiations, transactions,
planning, arrangements, or any part of the decisionmaking process
relevant to the contract while acting in the capacity of employee or
officer of the south coast district, or member of the south coast
district board, during the 24-month period commencing on the date the
person became retired, dismissed, or separated from service with the
south coast district or ceased being a member of the south coast
district board.
(b) For a period of 12 months following retirement, dismissal, or
separation from service with the south coast district, no former
employee or officer of the south coast district, or member of the
south coast district board, shall enter into a contract with the
south coast district if that person had been with the south coast
district in a position involving making any decision, giving or
withholding any approval, making any recommendation, rendering any
advice, or conducting any investigation concerning the general
subject of the proposed contract within 12 months prior to
retirement, dismissal, or separation from service with the south
coast district. Notwithstanding the prohibitions in this subdivision,
the south coast district board may, by a two-thirds vote, enter into
a contract with a retired employee of the south coast district or an
employee who separated under conditions satisfactory to the south
coast district if the south coast district board finds and determines
that, at the time of the retirement or separation, the employee was
working on one or more programs that are of great importance to the
south coast district, that the services of the employee are necessary
to assure the continued effectiveness of the program or programs,
that the contract is only for that period of time necessary to
complete the employee's work on the program or programs, and that the
employee is the most qualified person to provide the needed
services.
(c) No former employee or officer of the south coast district
previously holding a position designated in the conflict-of-interest
code of the south coast district, and no member of the south coast
district board, who was, at any time while in the service of the
south coast district, involved in making any decision, giving or
withholding any approval, making any recommendation, rendering any
advice, or conducting any investigation involving a particular person
shall, with respect to any of these matters that the former
employee, officer, or member of the south coast district board was
involved in, do any of the following:
(1) Act as an agent or attorney, or otherwise represent, that
person in an appearance before the south coast district board or the
hearing board.
(2) Make a communication on behalf of that person with the intent
to influence the south coast district board or its officers or
employees or the hearing board.
(3) Represent, aid, counsel, advise, consult with, or otherwise
assist that person in connection with any of these matters in any
capacity.
(4) Knowingly enter into a contract or accept employment for any
purpose specified in this subdivision.
(d) Any violation of this section is a misdemeanor.
(e) This section applies only to employees and officers who are in
the employment of the south coast district on or after July 1, 1988,
and members serving on the south coast district board on or after
July 1, 1988.
(f) This section shall become operative on July 1, 1988.
40427. The south coast district board shall determine the location
of its headquarters and may establish branch offices in each of the
counties included, in whole or in part, within the south coast
district, and in such other parts of the south coast district as it
deems necessary.
40428. There is continued in existence the South Coast Air Quality
Management District Advisory Council, which is appointed by the south
coast district board, to advise and consult with the south coast
district board in effectuating the purpose of this division.
The membership and rules of the advisory council shall be as
established by resolution of the south coast district board.
