reglab/statecodes huggingface dataset:
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 3 - Government of District › ARTICLE 5 - Officers › Section 28818.

28818. With the consent of the board, the treasurer may:
(a) Authorize any state or national bank in this state, a federally chartered or state chartered savings and loan association, or a trust company authorized to act as such in this state, to receive as his agent deposits of any securities acquired by the district.
(b) Place and maintain for safekeeping with any state or national bank in this state, a federally chartered or state chartered savings and loan association, or a trust company authorized to act as such in this state, any securities owned by the district.
(c) Make deposits of securities for safekeeping pursuant to the provisions of Section 53608 of the Government Code.
The financial institution selected shall have a total paid-in capital of at least one million dollars ($1,000,000). The treasurer shall take from the financial institution a receipt for the securities, and neither the treasurer nor the district is responsible for the custody and safe return of the securities until they are withdrawn from the financial institution by the treasurer. Any financial institution to which securities are delivered, either as agent or depositary for the treasurer, shall make such disposition of the securities as the treasurer directs and is responsible only for strict compliance with written instructions given to it by the treasurer. All such securities are at all times subject to the order of the treasurer.
(Amended by Stats. 1980, Ch. 689, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 3 - Government of District › ARTICLE 6 - General Manager › Section 28830.

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, construction, maintenance, and operation of the facilities of the district and also of the administration of the business affairs of the district.
(Amended by Stats. 1974, Ch. 71.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 3 - Government of District › ARTICLE 6 - General Manager › Section 28831.

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 knowledge of accepted practices in respect to the duties of his office as hereinafter set forth.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 3 - Government of District › ARTICLE 6 - General Manager › Section 28832.

28832. The general manager need not be a resident of this State at the time of his appointment.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 3 - Government of District › ARTICLE 6 - General Manager › Section 28833.

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 not less than a majority of the board. Before the general manager may be removed, he shall, if he demands it, be given a written statement of the reasons alleged for his removal and he shall have the right to be publicly heard thereon at a meeting of the board prior to the final vote on the resolution providing for his removal, but pending and during such hearing the board may suspend him from office. The board may not reduce the salary of the general manager below the amount fixed at the time of his original appointment except upon the adoption of a resolution by a like vote and after a like opportunity to be heard. The action of the board in suspending or removing the general manager or reducing his salary, if approved by a majority of the membership of the board, is final.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 3 - Government of District › ARTICLE 6 - General Manager › Section 28834.

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, maintenance, and operation of the facilities of the district.
(b) To have charge, subject to the direction and control of the board, of the administration of the business affairs of the district.
(c) To see that all ordinances of the district are enforced.
(d) To administer the personnel system adopted by the board and except for officers appointed by the board to appoint, discipline or remove all officers and employees subject to the rules and regulations adopted by the board and the applicable provisions of this part.
(e) To prepare and submit to the board as soon as practical after the end of each fiscal year a complete report of the finances and administrative activities of the district for the preceding year.
(f) To keep the board advised as to the needs of the district.
(g) To prepare or cause to be prepared all plans and specifications for the construction of the works of the district.
(h) To devote his entire time to the business of the district.
(i) To perform such other and additional duties as the board may require.
(j) To cause to be installed and maintained a system of auditing and accounting which shall completely and at all times show the financial condition of the district.
(Amended by Stats. 1974, Ch. 71.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 3 - Government of District › ARTICLE 6 - General Manager › Section 28835.

28835. The general manager shall attend meetings of the board as directed by the board.
(Amended by Stats. 1974, Ch. 71.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 3 - Government of District › ARTICLE 6 - General Manager › Section 28836.

28836. The directors may appoint a general manager pro tempore during any absence or disability of the general manager.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 3 - Government of District › ARTICLE 7 - The Office of the BART Inspector General › Section 28840.

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 revenue and other revenue and operates efficiently, effectively, and in compliance with applicable federal and state laws.
(b) (1) The board shall nominate three persons to the Governor who shall appoint one of the three persons nominated by the board to serve as the BART Inspector General for an initial four-year term. The board shall have the option to renew the term at will. The BART Inspector General shall be removed from office by the board, subject to approval of the Governor, only if either of the following occur:
(A) A two-thirds majority of the members of the board votes for removal.
(B) The Inspector General violates a federal or state law or regulation, a local ordinance, or a policy or practice of the authority relative to ethical practices, including, but not limited to, the acceptance of gifts or contributions.
(2) The reasons for removal of the Inspector General shall be stated in writing and shall include the basis for removal. The document stating the reasons for dismissal shall be deemed a public document and posted on the district’s Internet Web site.
(c) Within one year of the operative date of this article, the board shall nominate three persons to serve as the first BART Inspector General to be appointed pursuant to subdivision (b).
(Added by Stats. 2017, Ch. 650, Sec. 2. (SB 595) Effective January 1, 2018. Conditionally operative pursuant to Section 28845.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 3 - Government of District › ARTICLE 7 - The Office of the BART Inspector General › Section 28841.

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 practices of the district to identify fraud, waste, and opportunities for efficiencies in the administration of programs and operations.
(b) To ensure the BART administration, the board of directors, and the public are fully informed of his or her findings and recommendations.
(c) To identify opportunities to improve the data used to determine project resource allocations.
(d) To conduct, supervise, and coordinate audits and investigations relating to the district’s programs and operations, including, but not limited to, toll-funded programs.
(e) To identify best practices in the delivery of capital projects and recommend policies to enable the district to adopt these practices when practicable.
(f) To recommend policies promoting efficiency in the administration of programs and operations.
(g) To review and recommend best practices that the district should follow to maintain positive and productive relations with its employees and the collective bargaining units representing those employees.
(Added by Stats. 2017, Ch. 650, Sec. 2. (SB 595) Effective January 1, 2018. Conditionally operative pursuant to Section 28845.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 3 - Government of District › ARTICLE 7 - The Office of the BART Inspector General › Section 28842.

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 Authority. In the second and subsequent years of operation of the office, the authority may increase the amount of funding allocated for this purpose to the extent funds are requested and justified by the office and can be accommodated in the authority’s budget.
(Added by Stats. 2017, Ch. 650, Sec. 2. (SB 595) Effective January 1, 2018. Conditionally operative pursuant to Section 28845.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 3 - Government of District › ARTICLE 7 - The Office of the BART Inspector General › Section 28843.

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, and audits. The summary shall be posted on the district’s Internet Web site and shall otherwise be made available to the public upon its release to the board. The summary shall include, but need not be limited to, significant problems discovered by the BART Inspector General and whether recommendations of the BART Inspector General relative to investigations and audits have been implemented by the district.
(Added by Stats. 2017, Ch. 650, Sec. 2. (SB 595) Effective January 1, 2018. Conditionally operative pursuant to Section 28845.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 3 - Government of District › ARTICLE 7 - The Office of the BART Inspector General › Section 28844.

28844. Any investigatory file compiled by the BART Inspector General is an investigatory file compiled by a local law enforcement agency subject to disclosure pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code.
(Amended by Stats. 2021, Ch. 615, Sec. 404. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615. Conditionally operative pursuant to Section 28845.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 3 - Government of District › ARTICLE 7 - The Office of the BART Inspector General › Section 28845.

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 Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma to increase tolls pursuant to Section 30923 of the Streets and Highways Code on the bridges described in Section 30910 of the Streets and Highways Code.
(Added by Stats. 2017, Ch. 650, Sec. 2. (SB 595) Effective January 1, 2018. Note: This Section provides for the delayed operation of Article 7, commencing with Section 28840.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 28848.

28848. As used in this chapter, the following definitions apply:
(a) “District” means the San Francisco Bay Area Rapid Transit District, including all operations and extensions of its transportation system, regardless of modality or vehicle type, and excluding all temporary bus lines.
(b) “Employee organization” means an organization that includes employees of the district that has as one of its primary purposes representing those employees in their relations with the district. “Employee organization” shall also include any person of the organization authorized to act on its behalf.
(c) “Exclusive representative” means an accredited employee organization recognized or certified as the exclusive negotiating representative of employees in an appropriate unit within the district.
(Added by Stats. 2020, Ch. 293, Sec. 1. (AB 2850) Effective January 1, 2021.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 28849.

28849. (a) It is a primary purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the district by providing a uniform basis for recognizing the right of employees to join employee organizations of their own choice, to be represented, to select one employee organization as the exclusive representative of the employees in an appropriate unit, and to afford employees a voice at work.
(b) The Public Employment Relations Board established pursuant to Section 3541 of the Government Code, and the powers and duties of that board, as described in Section 3541.3 of the Government Code, shall have jurisdiction, as appropriate, to enforce this chapter.
(Added by Stats. 2020, Ch. 293, Sec. 2. (AB 2850) Effective January 1, 2021.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 28850.

28850. (a) If a majority of the employees employed by the district in a unit appropriate for collective bargaining indicate a desire to be represented by an employee organization, the board, after determining pursuant to Section 28851 that the employee organization represents the employees in the appropriate unit, shall bargain with the exclusive representative of those employees. Both parties shall bargain in good faith and make all reasonable efforts to reach agreement on the terms of a written contract governing wages, salaries, hours, working conditions, and grievance procedures.
(1) If a dispute arises over the terms of a written contract governing wages, salaries, hours, or working conditions that is not resolved by negotiations conducted in good faith between the board and the exclusive representative, then upon the agreement of both parties, the board and the exclusive representative may submit the dispute to an arbitration board. The decision of a majority of the arbitration board shall be final.
(2) (A) The arbitration board shall be composed of two representatives of the district, two representatives of the exclusive representative, and a fifth member to be agreed upon by the representatives of the district and the exclusive representative.
(B) If the representatives of the district and the exclusive representative are unable to agree on the fifth member, then the names of five persons experienced in labor arbitration shall be obtained from the California State Mediation and Conciliation Service. The exclusive representative and the district shall, alternately, strike a name from the list supplied by the California State Mediation and Conciliation Service. The exclusive representative and the district shall determine by lot who shall first strike a name from the list. After the exclusive representative and the district have stricken four names, the name remaining shall be designated as the arbitrator.
(C) The district and the exclusive representative shall each pay one-half of the cost of the impartial arbitrator.
(b) A contract or agreement shall not be made with any exclusive representative, employee organization, association, group, or individual that denies membership on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code. However, the organization may preclude from membership any individual who advocates the overthrow of the government by force or violence.
(c) The district shall not discriminate with regard to employment against any person on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(Amended by Stats. 2020, Ch. 293, Sec. 3. (AB 2850) Effective January 1, 2021.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 28851.

28851. If there is a question whether an employee organization represents a majority of employees or whether the proposed unit is or is not appropriate, such matters shall be submitted to the California State Mediation and Conciliation Service for disposition. The California State Mediation and Conciliation Service shall promptly hold a public hearing and may, by decision, establish the boundaries of any collective bargaining unit and provide for an election to determine the question of representation. Provided, however, any certification of an employee organization to represent or act for the employees in any collective bargaining unit shall not be subject to challenge on the grounds that a new substantial question of representation within such collective bargaining unit exists until the lapse of one year from the date of certification or the expiration of any collective bargaining agreement, whichever is later.
(Amended by Stats. 2020, Ch. 293, Sec. 4. (AB 2850) Effective January 1, 2021.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 28852.

28852. Whenever the district acquires existing facilities from a publicly or privately owned public utility, either in proceedings by eminent domain or otherwise, to the extent necessary for operation of facilities, all of the employees of such public utility whose duties pertain to the facilities acquired who have been employed by said utility for at least seventy-five (75) days shall be appointed to comparable positions in the district without examination and shall be governed thereafter by the personnel system adopted by the board, and these employees shall be given sick leave, seniority and vacation credits in accordance with the records of the acquired public utility.
The provisions of this section shall apply only to those officers or supervisory employees of the acquired utility as shall be designated by the board.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 28853.

28853. Whenever the district acquires existing facilities from a publicly or privately owned public utility, either in proceedings in eminent domain or otherwise, that has a pension plan in operation, members and beneficiaries of such pension plan shall continue to have the rights, privileges, benefits, obligations and status with respect to such established system; provided, however, that the outstanding obligations and liabilities of such public utility by reason of such pension plan have been considered and taken into account and allowance made for in the purchase price of such public utility.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 28854.

28854. The persons entitled to pension benefits as provided for in Section 28853 and the benefits which are provided shall be specified in the agreement or order by which any public utility is acquired by the district.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 28855.

28855. All persons receiving pension benefits from such acquired public utility and all persons entitled to pension benefits under the pension plan of such acquired public utility may become members or receive pensions under the retirement system established by the district by mutual agreement of such persons and the district.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 28856.

28856. (a) Exclusive representatives shall have the right to represent their bargaining unit members in employer-employee relations with the district, and employees shall have the right to be represented by their exclusive representative.
(b) This chapter is not intended to adversely affect any rights afforded to exclusive representatives or district employees under existing law, as it may be amended from time to time.
(Added by Stats. 2020, Ch. 293, Sec. 5. (AB 2850) Effective January 1, 2021.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 28857.

28857. The district shall give reasonable written notice to an exclusive representative of its intent to make any change to matters within the scope of representation of the employees represented by the exclusive representative for purposes of providing the exclusive representative a reasonable amount of time to negotiate with the district regarding the proposed changes.
(Added by Stats. 2020, Ch. 293, Sec. 6. (AB 2850) Effective January 1, 2021.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 28858.

28858. It is unlawful for the district to do any of the following:
(a) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed to them by this chapter. As used in this subdivision, “employee” includes an applicant for employment or reemployment with the district.
(b) Deny employee organizations rights guaranteed to them by this chapter.
(c) Refuse or fail to meet and negotiate in good faith with an exclusive representative. Knowingly providing an exclusive representative with inaccurate information, whether or not it is in response to a request for information, constitutes a refusal or failure of the district to meet and negotiate in good faith with the exclusive representative.
(d) Dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any employee organization in preference to another.
(e) Refuse to participate in good faith in mutually agreed upon impasse procedures.
(Added by Stats. 2020, Ch. 293, Sec. 7. (AB 2850) Effective January 1, 2021.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 28859.

28859. It is unlawful for an employee organization to do any of the following:
(a) Impose or threaten to impose reprisals on employees, discriminate or threaten to discriminate against employees, or otherwise interfere with, restrain, or coerce employees because of their exercise of rights guaranteed to them by this chapter.
(b) Refuse or fail to meet and negotiate in good faith with the district concerning any of the employees of which it is the exclusive representative.
(c) Refuse to participate in good faith in mutually agreed upon impasse procedures.
(Added by Stats. 2020, Ch. 293, Sec. 8. (AB 2850) Effective January 1, 2021.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 28860.

28860. (a) This chapter shall not displace, or supplant, the requirements of Chapter 3 (commencing with Section 3610) of Division 4.5 of Title 1 of the Government Code, and the impasse resolution and injunctive relief procedures provided for pursuant to Sections 3612 to 3614, inclusive, of the Government Code shall remain exclusive.
(b) The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, is a matter within the exclusive jurisdiction of the Public Employment Relations Board, except that in an action to recover damages due to an unlawful strike, the Public Employment Relations Board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.
(Added by Stats. 2020, Ch. 293, Sec. 9. (AB 2850) Effective January 1, 2021.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 28862.

28862. This chapter, as amended by the act adding this section, shall not be interpreted as if it were in conflict with any collective bargaining agreement and shall not be implemented to abrogate an agreement entered into before January 1, 2021, between the district and an employee organization. This chapter shall be interpreted in a manner consistent with the Public Employment Relations Board’s interpretation of parallel provisions in other statutes it enforces.
(Added by Stats. 2020, Ch. 293, Sec. 11. (AB 2850) Effective January 1, 2021.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 28863.

28863. Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code applies to the district and its employees. Notwithstanding subparagraph (B) of paragraph (1) of subdivision (i) of Section 3558.8 of the Government Code, the district is a public employer for purposes of Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code.
(Added by Stats. 2020, Ch. 293, Sec. 12. (AB 2850) Effective January 1, 2021.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 5 - Retirement System › ARTICLE 1 - Establishment › Section 28870.

28870. The board may establish a retirement system for the officers and employees of the district and provide for the payment of annuities, pensions, retirement allowances, disability payments, and death benefits or any of them.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 5 - Retirement System › ARTICLE 1 - Establishment › Section 28871.

28871. The district may maintain its own retirement fund or may provide for benefits to eligible officers and employees, or their beneficiaries, by means of group insurance or other insurance, or by such means as in the opinion of the board will satisfactorily provide an adequate and sure method of meeting the payments contemplated by the retirement system.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 5 - Retirement System › ARTICLE 1 - Establishment › Section 28872.

28872. Before establishing any retirement system the board shall secure a report from a qualified actuary, which shall show the cost of the benefits provided by the system, and the prospective assets and liabilities of the system.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 5 - Retirement System › ARTICLE 1 - Establishment › Section 28873.

28873. The board may adopt all ordinances and resolutions and perform all acts necessary or convenient to the initiation, maintenance, and administration of the retirement system.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 5 - Retirement System › ARTICLE 1 - Establishment › Section 28874.

28874. Nothing in this chapter prevents the district from participating in and making all or part of its employees members of the State Employees’ Retirement System by contract entered into between the district and the board of administration of the system under the State Employees’ Retirement Law or from participating in the Federal Social Security Act pursuant to Chapter 8 (commencing at Section 13775) of Part 3 of Division 3 of Title 2 of the Government Code, and the district may perform all acts necessary or convenient for such participation.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 5 - Retirement System › ARTICLE 1 - Establishment › Section 28875.

28875. The board may classify and determine the officers and employees who shall be included as members in the retirement system and may change the classification from time to time. Membership of all officers and employees so classified and included in the retirement system is compulsory.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 5 - Retirement System › ARTICLE 2 - Benefits and Contributions › Section 28890.

28890. The board may prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries shall be entitled to benefits and the amounts thereof.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 5 - Retirement System › ARTICLE 2 - Benefits and Contributions › Section 28891.

28891. The retirement allowance may be predicated in part upon service rendered the district by a member prior to the establishment of the retirement system, which service is known as “prior service.”
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 5 - Retirement System › ARTICLE 2 - Benefits and Contributions › Section 28892.

28892. The board shall provide that both the district and the members shall contribute to the retirement system. The rate of contribution by an officer or employee of the district becoming a member of the retirement system shall be so fixed as to provide, with accumulated interest and based on tables and assumptions adopted by the board, substantially one-half the value of any retirement allowance granted for service, exclusive of any credits allowed for prior service.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 5 - Retirement System › ARTICLE 2 - Benefits and Contributions › Section 28893.

28893. All members of the retirement system shall contribute in the manner and amount fixed by the board and such contributions may be collected by deducting the amounts thereof from the salary, wages, or compensation due such members.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 5 - Retirement System › ARTICLE 2 - Benefits and Contributions › Section 28894.

28894. Liabilities accruing under the retirement system because of benefits other than such as are the equivalent of contributions by the members, with accumulated interest, shall be met by contributions by the district. Prior service or other liabilities of the district may be met by annual appropriations instead of by appropriation for the total of the liabilities; but until the present value of regular contributions for current service, together with assets then available, equals the present value of all allowances and benefits granted or to be granted under the system, the appropriation for any one year when added to any unused balance of any previous appropriations for such purpose shall not be less than the amount disbursed during that year on account of prior service or other liabilities of the district.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 5 - Retirement System › ARTICLE 2 - Benefits and Contributions › Section 28895.

28895. If any member withdraws from the retirement system prior to retirement the total amount contributed by him with such interest as may be credited thereto shall be returned to him; provided, however, that the board may prescribe the terms and conditions upon which a member, whose district service is terminated except by death or retirement, may elect to leave his contributions and interest thereon in the retirement fund, and the terms and conditions upon which a retirement allowance may be made to him after such termination based upon his contributions prior to such termination.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 5 - Retirement System › ARTICLE 2 - Benefits and Contributions › Section 28896.

28896. All money received by any person as an annuity, pension, retirement allowance, disability payment, or death benefit from the retirement system, and all contributions and interest thereon returned to any member of the retirement system, whether in the actual possession of such person or deposited, loaned, or invested by him, is exempt from execution or any other process except to the extent permitted by Section 704.110 of the Code of Civil Procedure and is unassignable.
(Amended by Stats. 1982, Ch. 497, Sec. 166. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 5 - Retirement System › ARTICLE 3 - Retirement Board › Section 28910.

28910. The board shall create a retirement board of not more than five members, at least two members of which shall be the elected representatives of the employees, to administer the retirement system, and shall define its powers and duties and the tenure of the members.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 5 - Retirement System › ARTICLE 3 - Retirement Board › Section 28911.

28911. All members of the retirement board shall serve without pay.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 5 - Retirement System › ARTICLE 3 - Retirement Board › Section 28912.

28912. The retirement board shall determine the eligibility of officers, employees, and their dependents to participation in the system and shall be the sole authority and judge under such ordinances as may be adopted by the board as to the conditions under which persons may be admitted to and continue to receive benefits of any sort under the retirement system, and may modify allowances for service and disability. The determination of the retirement board shall be final and conclusive and shall not be modified or set aside except for fraud or abuse of discretion.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 5 - Retirement System › ARTICLE 3 - Retirement Board › Section 28913.

28913. If the district maintains its own retirement fund the retirement board shall have exclusive control of the administration, investment, and disbursement of such fund. Investment of the fund shall be subject to the terms, conditions, limitations, and restrictions imposed by the laws of this State upon savings banks in the making of investments by savings banks, and cash may be deposited in any licensed national bank or banks in this State or in any bank, banks, or corporations authorized or licensed to do a banking business and organized under the laws of this State.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 6 - Powers and Functions of District › ARTICLE 1 - Corporate Power › Section 28950.

28950. The district has perpetual succession and may adopt a seal and alter it at pleasure.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 6 - Powers and Functions of District › ARTICLE 1 - Corporate Power › Section 28951.

28951. The district may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 6 - Powers and Functions of District › ARTICLE 1 - Corporate Power › Section 28952.

28952. The district may levy, and collect or cause to be collected, taxes for any lawful purpose, as provided in Chapter 7 of this part.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 6 - Powers and Functions of District › ARTICLE 1 - Corporate Power › Section 28953.

28953. The district may exercise the right of eminent domain to take any property necessary or convenient to the exercise of the powers granted in this part. The district, in exercising such power, shall in addition to the damage for the taking, injury, or destruction of property, also pay the cost, exclusive of betterment and with credit for salvage value, of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables or poles of any public utility which is required to be moved to a new location.
(Amended by Stats. 1975, Ch. 1176.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 6 - Powers and Functions of District › ARTICLE 1 - Corporate Power › Section 28955.

28955. The Public Utilities Commission of the State shall have and exercise power and jurisdiction to fix just compensation to be paid for the taking of any property of a public utility in eminent domain proceedings brought by the district. The district may commence and maintain such eminent domain proceedings in the Public Utilities Commission or the superior court at its option.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 6 - Powers and Functions of District › ARTICLE 1 - Corporate Power › Section 28956.

28956. The district is entitled to the benefit of any reservation or grant, in all cases, where any right has been reserved or granted to the State or any agency or political subdivision thereof or any public corporation to construct or maintain roads, highways or other crossings over any public or private lands.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 6 - Powers and Functions of District › ARTICLE 1 - Corporate Power › Section 28957.

28957. The district may be merged into or consolidated with any other public agency which may be established by law upon such terms as the board of directors shall specify in a resolution to be submitted to the electors of the district for approval in the manner provided in Sections 29540 to 29545, inclusive, of this part insofar as possible. The resolution authorizing consolidation or merger shall not take effect unless and until a majority of the votes cast are in favor of the proposed merger or consolidation. In the event of merger or consolidation, the surviving entity or the consolidated entity shall succeed to all the powers, duties, purposes, responsibilities, liabilities, and jurisdiction now or hereafter vested by law in the district.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 6 - Powers and Functions of District › ARTICLE 1 - Corporate Power › Section 28958.

28958. The board may authorize the temporary transfer of cash balances in any fund (except moneys in any fund which the district is required to set aside for the payment of bonds, notes or other evidence of indebtedness and the interest thereon) to any other fund; and the amount so transferred shall be repaid as soon as moneys are available in the fund to which such transfer has been made. Transfers of funds within, or revision of, a budget adopted by the district, whether before or after the incurring of a bonded indebtedness, may be made by appropriate act of the board at a regular or special meeting.
(Amended by Stats. 1967, Ch. 1518.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 6 - Powers and Functions of District › ARTICLE 1 - Corporate Power › Section 28959.

28959. Notwithstanding Sections 53090 and 53091 of the Government Code, commercial outdoor advertising signs located on property of the San Francisco Bay Area Rapid Transit District shall be in conformance with the zoning regulations and ordinances of the city or county in which the signs are located.
(Added by Stats. 1971, Ch. 1618.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 6 - Powers and Functions of District › ARTICLE 2 - Contracts › Section 28970.

28970. The district may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise, including, without limiting the generality of the foregoing, contracts and stipulations to indemnify and save harmless, to employ labor, and to do all acts necessary and convenient for the full exercise of the powers granted in this part.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 6 - Powers and Functions of District › ARTICLE 2 - Contracts › Section 28971.

28971. The district may contract with any department or agency of the United States of America or of the State of California or with any public or private corporation upon such terms and conditions as the directors find is for the best interests of the district.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 6 - Powers and Functions of District › ARTICLE 2 - Contracts › Section 28973.

28973. The district may insure against any accident to or destruction of the system or any part thereof.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 6 - Powers and Functions of District › ARTICLE 2 - Contracts › Section 28974.

28974. The district may insure against loss of revenues from any cause whatsoever.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 6 - Powers and Functions of District › ARTICLE 2 - Contracts › Section 28975.

28975. The district may insure against public liability or property damage, or both. It may provide in the proceedings authorizing the issuance of any bonds for the carrying of such or any other insurance, in such amount and of such character as may be specified, and for the payment of the premiums thereon.
(Added by Stats. 1957, Ch. 1056.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 2 - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT › CHAPTER 6 - Powers and Functions of District › ARTICLE 4 - Property › Section 29010.

29010. The district may take by grant, purchase, gift, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real and personal property of every kind within or without the district necessary to the full or convenient exercise of its powers. The board may lease, mortgage, sell, or otherwise dispose of any real or personal property within or without the district when in its judgment it is for the best interests of the district so to do.
(Added by Stats. 1957, Ch. 1056.)