CHAPTER 3. Government of District [28745. - 28845.]

Chapter 3 added by Stats. 1957, Ch. 1056.

§§ 28745–28845 · 76 sections

1. ARTICLE 2.2. District Board of Directors §§ 28745–28748.8 · 18 sections

   • § 28745 On and after November 29, 1974, the governing body of the district shall be a board of directors consisting of nine members elected by election districts,…
   • § 28745.4 The board, in dividing the district into election districts, shall establish and define the boundaries of the nine election districts within the territory of…
   • § 28745.6 In establishing the election districts, consideration shall be given to the following factors: (a) Community of interest of the population within an election…
   • § 28745.8 The establishment of election districts shall be made on the basis of the population in the district as shown or estimated from the most recent of any of the…
   • § 28746 The resolution establishing the election districts shall describe the boundaries of the election districts by reference to a map or maps on file with the…
   • § 28746.2 All cities, counties, and cities and counties within the district shall provide such information, services, and facilities as may be required in apportioning…
   • § 28746.4 Until the election and qualification of the first elected board, the members of the board in office on January 1, 1974, shall remain in office, shall receive…
   • § 28746.6 A general district election for the election of directors whose terms are to expire in that year shall be held and conducted on the first Tuesday after the…
   • § 28746.8 Except as otherwise provided in this article, candidates for the board shall be nominated, the election held and conducted, and the ballots canvassed in…
   • § 28747 Each candidate for the board shall file a declaration of candidacy in the form and manner prescribed in the Uniform District Election Law (Part 4 (commencing…
   • § 28747.2 A candidate for election from any of the election districts shall be nominated and elected by the voters residing within the election district from which he is…
   • § 28747.4 The county elections official of each county within the boundaries of the district shall conduct the election and canvass the returns for those election…
   • § 28747.6 Members of the board shall be residents and voters of the district and of the geographical area making up the election district from which they are elected.…
   • § 28747.8 The candidate from each election district receiving the highest number of votes cast for the board in that election district shall be declared elected.
   • § 28748 If a tie vote makes it impossible to determine which of two or more candidates has been elected, the existing board shall resolve the tie by lot and declare…
   • § 28748.2 Each member of the first elected board shall take office at noon on November 29, 1974. The term of office of the elected directors shall be four years, except…
   • § 28748.4 Until November 29, 1974, any vacancy on the board shall be filled for the remainder of the unexpired term in the same manner as the vacating member was…
   • § 28748.8 (a) The board may by ordinance or resolution provide that each director shall be paid a sum that shall not exceed one thousand dollars ($1,000) for each…
2. ARTICLE 2.4. Redistricting of Election Districts §§ 28750–28750.8 · 5 sections

   • § 28750 Following each federal decennial census and using the census as a basis, the board shall, by resolution, adjust the boundaries of the election districts so…
   • § 28750.2 The boundaries of the election districts shall be adjusted by the board before November 1 of the year next succeeding the year in which each federal decennial…
   • § 28750.4 The resolution reestablishing the election districts shall describe the new boundaries of the election districts by reference to a map or maps on file with the…
   • § 28750.6 If, at any time between each federal decennial census, the district annexes territory, pursuant to Chapter 9 (commencing with Section 29500), the board, within…
   • § 28750.8 (a) The term of office of any director who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of…
3. ARTICLE 2.6. Board Selection Election §§ 28752–28752.8 · 5 sections

   • § 28752 Not later than January 31, 1974, the board of supervisors of any county included within the district may adopt a resolution declaring that, in its judgment,…
   • § 28752.2 (a) If the boards of supervisors of two or more counties included within the district adopt resolutions pursuant to Section 28752, the board of directors shall…
   • § 28752.4 If a majority of the votes cast in the district on the proposition are in favor of the proposition, the members of the board of directors from that county…
   • § 28752.6 If a majority of the votes cast in the district on the proposition are not in favor of the proposition, the members of the board of directors shall be…
   • § 28752.8 The results of the election shall be entered into the minutes of the board of directors.
4. ARTICLE 3. Powers and Duties of Directors §§ 28760–28774 · 19 sections

   • § 28760 Each director, before entering upon the duties of his office, shall take the oath of office as provided for in the Constitution and laws of this State. A copy…
   • § 28761 The board shall choose one of its members president, and another vice president, who shall be authorized to act for the president during his absence or…
   • § 28762 The board of directors is the legislative body of the district and, consistent with the provisions of this part, shall determine all questions of district…
   • § 28763 The district may do any and all things necessary to carry out the purposes of this part.
   • § 28764 The board shall determine what transit facilities should be acquired or constructed, and may establish zones within the district to undertake the acquisition…
   • § 28765 The board may determine what transit facilities should be acquired or constructed: (a) For the common benefit of the district as a whole; or (b) For the…
   • § 28766 The board shall supervise and regulate every transit facility owned and operated by the district, including the fixing of rates, rentals, charges, and…
   • § 28767 The board may adopt a personnel system for the purpose of recruiting and maintaining an effective working force with good morale. The board shall by resolution…
   • § 28767.3 Not later than October 12, 1974, the board shall adopt an affirmative action program approved by the Office of Federal Contract Compliance of the Department of…
   • § 28767.5 The district is authorized to maintain a police department. The employees of the district that are appointed as members of such department by the general…
   • § 28767.8 (a) The board may establish an office of independent police auditor, reporting directly to the board, to investigate complaints against district police…
   • § 28768 The board of directors may contract for or employ any professional services required by the district or for the performance of work or services for the…
   • § 28769 The board shall have an annual audit made of all books and accounts of the district by an independent certified public accountant or public accountant.
   • § 28769.5 The board shall operate an automated management information system to enable it to submit a report monthly to the Metropolitan Transportation Commission and…
   • § 28770 As soon as practicable after the close of each fiscal year the board of directors shall submit to the chief administrative officer and legislative bodies of…
   • § 28771 The board may provide by resolution, under such terms and conditions as it sees fit, for the payment of demands against the district without prior specific…
   • § 28772 To facilitate the business of the district, the board may provide for the creation and administration of such funds as the needs of the district may require.…
   • § 28773 The board of directors may hold public hearings, subpoena witnesses, and perform all other acts necessary to properly carry out its duties. The board may…
   • § 28774 Each director may administer oaths and affirmations in any district investigation or proceeding.
5. ARTICLE 4. Meetings and Legislation §§ 28790–28796 · 7 sections

   • § 28790 All meetings of the board of directors, whether regular or special, shall be open to the public.
   • § 28791 A majority of the board of directors shall constitute a quorum for the transaction of its business.
   • § 28792 The board of directors shall adopt rules to govern its proceedings.
   • § 28793 The acts of the board shall be expressed by motion, resolution, or ordinance. No ordinance shall be passed by the board on the day of its introduction, nor…
   • § 28794 All ordinances shall be published after passage.
   • § 28795 The enacting clause of all ordinances shall be as follows: “Be it enacted by the Board of Directors of the San Francisco Bay Area Rapid Transit District:”
   • § 28796 All ordinances shall be signed by the president or the vice president of the board, and attested by the secretary.
6. ARTICLE 5. Officers §§ 28810–28818 · 9 sections

   • § 28810 (a) The officers of the district shall consist of the following: (1) The members of the board of directors. (2) A president and a vice president of the board,…
   • § 28811 (a) The secretary, general manager, and general counsel shall be appointed by and may be removed by the affirmative votes of a majority of the members of the…
   • § 28812 The compensation of all district officers and employees, except as otherwise provided in this part, shall be fixed by ordinance or resolution of the directors.
   • § 28813 The board may consolidate any of the district offices in one person.
   • § 28814 The oath of office of all officers appointed by the board of directors or by the general manager of the district shall be taken, subscribed, and filed with the…
   • § 28815 Each officer shall give such bond and in such amount as the board may require.
   • § 28816 Article 4 (commencing at Section 1090), Chapter 1, Division 4, Title 1, of the Government Code shall apply to all officers and contracts of the district.
   • § 28817 The chief financial officer shall be the custodian of the funds of the district and shall make payments only upon warrants duly and regularly signed by the…
   • § 28818 (a) With the consent of the general manager, who shall seek consent from the board when deemed necessary, the chief financial officer may: (1) Authorize any…
7. ARTICLE 6. General Manager §§ 28830–28836 · 7 sections

   • § 28830 The board shall appoint and fix the salary of a general manager, who shall have charge, subject to the direction and control of the board, of the acquisition,…
   • § 28831 All other things being equal, the general manager shall be chosen on the basis of his qualifications with special reference to his actual experience in or his…
   • § 28832 The general manager need not be a resident of this State at the time of his appointment.
   • § 28833 The general manager shall hold office for an indefinite term and may be removed by the board only upon the adoption of a resolution by the affirmative vote of…
   • § 28834 The powers and duties of the general manager are: (a) To have charge, subject to the direction and control of the board, of the acquisition, construction,…
   • § 28835 The general manager shall attend meetings of the board as directed by the board.
   • § 28836 The directors may appoint a general manager pro tempore during any absence or disability of the general manager.
8. ARTICLE 7. The Office of the BART Inspector General §§ 28840–28845 · 6 sections

   • § 28840 (a) There is hereby created in the district an independent Office of the BART Inspector General to ensure that the district makes effective use of bridge toll…
   • § 28841 The duties and responsibilities of the BART Inspector General shall include, but are not limited to, all of the following: (a) To examine the operating…
   • § 28842 The Office of the BART Inspector General shall receive one million dollars ($1,000,000) from an allocation of bridge toll revenue from the Bay Area Toll…
   • § 28843 The BART Inspector General shall report at least annually to the board of directors and the Legislature with a summary of his or her findings, investigations,…
   • § 28844 Any investigatory file compiled by the BART Inspector General is an investigatory file compiled by a local law enforcement agency subject to disclosure…
   • § 28845 This article shall become operative upon an affirmative vote of the residents of the City and County of San Francisco and the Counties of Alameda, Contra…