2008/10/10 Southern California Association of Governments Area wide collaboration effortsSOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
AGREEMENT
THIS AGREEMENT is made and entered into by and between the county and city
governments which on its effective date are, or thereafter become signatories hereto;
WITNESSETH:
WHEREAS, there is a demonstrated need for the establishment of an association of
county and city governments within the Southern California Area to provide a forum for
discussion and study of regional problems of mutual interest and concern to the counties and
cities, and to facilitate the development of recommendations for the solution of such problems;
and
WHEREAS, Title I, Division 7, Chapter 5 of the Government Code of the State of
California authorized the joint exercise by agreement of two or more public agencies or any
power common to them; and
WHEREAS, the parties hereto possess in common the power to study, discuss and
recommend policies and procedures for the solution of areawide-problems of direct concert to
the performance of their constitutional and statutory functions and to join associations and
expend public funds for these purposes; and
NOW THEREFORE, in considerations of the execution of this agreement by other
counties and cities eligible to membership in the association established hereby, the parties
hereto agree as follows:
1. Association Established. An association consisting of the parties to this
agreement is hereby established to be known as Southern California Association of
Governments. The association shall be subject to and shall be governed by the By-laws, a copy
of which is attached hereto and by this reference made a part of this agreement.
2. Parties. Eligibility. Only those counties and cities eligible for membership in
the Southern California Association of Governments pursuant to said By-laws may be or become
parties to this agreement.
3. Parties Become Members. Each party to this agreement is a member of the
Southern California Association of Governments and is entitled to the rights and privileges and is
subject to the obligations of members, all as provided for in said By-laws.
4. Additional Parties. If the By-laws of the association are amended as therein
provided to permit additional counties or additional cities to be eligible for membership in the
association, such additional counties or cities may become parties to this agreement.
12. Effective Date of Agreement. This agreement shall be effective upon its execution
by fifty percent of the eligible counties and fifty percent of the eligible cities.
Executed by the undersigned cities and counties on the respective dates set forth after
their signatures. /�ZpA
BY:
City All
n�
Hasan Ikhrata, Secretary, SCAG
ATTEST:
Oak, ""
City Clerk
STEWART Page 3
10/10/2008
Doc# 125254
EXHIBIT "A"
C:\Documents and SettingsWarnirez\Local SettingsWemporary Internet Files\OLKF5\Southem California Association of Government Agreement
1124 08 (2).doc
BYLAWS
THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
Preamble
The Southern California Association of Governments (hereinafter referred to as either the
"Association" or "SCAG") is an agency voluntarily established by its members pursuant
to the Joint Exercise of Powers Act for the purpose of providing a forum for discussion,
study and development of recommendations on regional problems of mutual interest and
concern regarding the orderly physical development of the Southern California Region
among units of local government.
ARTICLE I- FUNCTIONS
The functions of the Association are:
A. Exchange of objective planning information. Making available to members, plans
and planning studies, completed or proposed by local governments, Tribal
Governments, or those of State or Federal agencies, which would affect local
governments.
B. Identification and study of problems requiring objective planning by jurisdictions
in more than one county in the Southern California area, and the making of
appropriate policy or action recommendations.
C. Review and/or develop governmental proposals. Review and/or develop proposals
creating agencies of regional scope, and the making of appropriate policy or
action recommendations concerning the need for such units or agencies.
D. Consider questions of common interest and concern to county and city members
of the Association as well as those of the Tribal Governments in the region and
may develop policy and action recommendations of an advisory nature only.
E. Act upon any matter to the extent and in the manner required, permitted or
authorized by the joint powers agreements, State or Federal law, or the regulations
adopted pursuant to any such law.
F. To assist local Agency members in the acquisition of real and personal property
convenient or necessary for the operation of members by entering into such
financing agreements as are necessary to accomplish the pooling and common
marketing of such agreements or certificates of participation in order to reduce the
cost to members of the acquisition of such real or personal property.
ARTICLE II- DEFINITIONS
A. Association: The Association, as used in these Bylaws, means the Southern
California Association of Governments as established by these Bylaws.
B. General Assembly, as used in these Bylaws, means a meeting of the official
representatives of the members of the Association.
C. Official Representative, as used in these Bylaws, means either the mayor or a
member of the legislative body of each member city, and either the chair of the
Board of Supervisors or a member of the legislative body of the member county
as their official representative.
D. Alternate, as used in these Bylaws, means either the mayor or a member of the
legislative body of each member city, and either the chair of the Board of
Supervisors or a member of the legislative body of the member county as their
alternate to serve in an official capacity only in the absence of the official
representative of the member county.
ARTICLE III- MEMBERSHIP AND REPRESENTATION
FOR THE GENERAL ASSEMBLY
A. Membership
(1) All cities and all counties within the area of the counties of Los Angeles,
Orange, Riverside, San Bernardino, Ventura and Imperial are eligible for
membership in the Association.
(2) Each member county and each member city shall have one official
representative and one alternate in the General Assembly, except that the
City of Los Angeles, if and while it is a member city, shall have three
official representatives and three alternates.
(3) Membership shall be contingent upon the execution of the Joint Powers
Agreement and the payment by each county or city of each annual
assessment. In the event a county or city has not paid the annual dues
assessment by October 1 of the July 1-June 30 Fiscal Year, its General
Assembly Representative(s) shall serve in an Ex-Officio status, without
the right to vote. Failure to pay the annual dues assessment by January 30
of the July 1-June 30 Fiscal Year shall be deemed to be an automatic
withdrawal from membership.
(4) Any federally recognized Indian Nation within the SCAG region and
Special districts which are significantly involved in regional problems or
the boundaries of which include territory in more than one county, shall be
eligible for advisory membership in the Association. The representatives
of any such advisory member may participate in the work of committees
of the Association.
B. Representation in the General Assembly
(1) Only the official representative or alternates present shall represent a
member in the General Assembly, provided, however, that a member of
2
the Board of Supervisors of a member county may participate in the
discussion of the General Assembly.
(2) The official representative of each city shall be their respective Regional
Council member, in the event that the City does not have a Regional
Council member then the official representative or alternate for such city
shall be designated by the city council, provided that if and while the City
of Los Angeles is a member city, the mayor shall be one of its official
representatives
(3) Names of official representatives and alternates shall be communicated in
writing to the Association by the appointing city or county 45 days before
the annual meeting of the General Assembly.
(4) Official representatives or alternates shall serve at the General Assembly
until a successor is appointed, except if an official representative or
alternate ceases to be a member of the legislative body or mayor of the
city or county appointing then the seat shall be vacant until a successor is
appointed.
ARTICLE IV- GENERAL ASSEMBLY
A. Powers and Functions
Subject to Article I, the powers of the General Assembly, shall include:
(1) The determination of policy matters for the Association
(2) Any official representative may, at any meeting of the General Assembly,
propose a subject(s) for study by the Association provided that the
representative has notified the President of the proposal forty-five'days in
advance of the meeting date of the General Assembly. The General
Assembly may determine whether a study will be made of the subject(s)
proposed, or may refer such subject(s) to the Regional Council.
(3) Any official representative may, at any meeting of the General Assembly,
request review by the General Assembly of any action of the Regional
Council, which has been taken between meetings of the General
Assembly.
(4) At its annual meeting, the General Assembly shall review the proposed
budget and assessment schedule and shall adopt an annual budget and an
assessment schedule.
(5) Any official representative who desires to propose any policy matter for
determination by the General Assembly shall submit the matter to the
Regional Council in the form of a proposed resolution at least forty-five
(45) days prior to any regular meeting of the General Assembly. The
President shall recommend and the Regional Council shall appoint a
Resolutions Committee to consider each such resolution and submit its
recommendation for action to the General Assembly. A copy of each such
proposed resolution together with the Resolutions Committee's
recommendations thereon, shall be included in the agenda materials for
each regular meeting of the General Assembly. If a resolution is presented
directly to the General Assembly, a two-thirds vote of the General
Assembly in compliance with the criteria of Government Code sections
54950 et seq. shall be required for its consideration.
B. Meetings
(1) A regular meeting of the General Assembly shall be held once a year.
Special meetings of the General Assembly may be called by the Regional
Council upon the written request of the President and with the affirmative
votes of a majority of a Regional Council quorum. Ten days' written
notice of a special meeting shall be given to the official representatives
and alternates of each member city and to each member of the Board of
Supervisors of each member county. An agenda specifying the subject of
the special meeting shall accompany the notice.
(2) The time, date and location for meetings of the General Assembly shall be
determined by the Regional Council.
(3) Notice of the regular meeting of the General Assembly shall be given to
the official representatives and alternates of each member city, and to each
member of the Board of Supervisors of each member county at least 30
days prior to each meeting. An agenda for the meeting shall accompany
the notice. Notice of any changes to the agenda shall be given at least 10
days prior to the meeting.
(4) Association committees shall meet on the call of their Chair or as
otherwise provided herein.
(5) The General Assembly may adopt rules for its own procedure.
C. Voting in the General Assembly shall be conducted in the following manner:
(1) A quorum of the General Assembly shall consist of official representation
from one-third of the member cities and one-third of the member counties.
(2) Each official county representative and each official city representative
shall have one vote_ Votes shall be tabulated separately for county
representatives and for city representatives upon the request of one
member or alternate of the county representatives only when one-half
(1 /2) of the county representatives are present or upon the request of one
member or alternate of the city representatives only when one-third (1/3)
of the city representatives are present. If the votes are tabulated separately,
4
the affirmative votes of a majority of a quorum of both city and county
representatives are required. In the absence of the official representative,
the alternate shall be entitled to vote.
(3) Voting may be by voice, displaying voting cards or roll call vote. A roll
call vote shall be conducted upon the demand of five official
representatives present, or at the discretion of the presiding officer.
ARTICLE V- REGIONAL COUNCIL
Preamble: The Regional Council of the Association shall include members from cities
and counties in the Association's region.
A. Regional Council Organization: There shall be a Regional Council of the
Association which shall be organized as set forth below and which shall be
responsible for such functions as are hereinafter set forth:
(1) Membership: The membership of the Regional Council shall be
comprised of one (1) representative from each member county Board of
Supervisors, except the County of Los Angeles which shall have two (2)
representatives; one (1) representative from the Tribal Government
Regional Planning Board, who shall be a locally elected Tribal Council
member from a federally recognized Tribal Government within the SCAG
region; one from each District (as defined below); the Mayor of the City
of Los Angeles serving as the Los Angeles City At -Large Representative;
one (1) general purpose local government elected official representative,
defined as either an elected city council member or member of a County
Board of Supervisors, from the governing boards of each of the five (5)
County Transportation Commissions ("CTC'); one (1) representative from
the Imperial Valley Association of Governments ("IVA&); and one (1)
representative representing all five (5) air districts operating within the
SCAG region.
(a) Districts: For purposes of representation on the Regional
Council, Districts shall be organized and defined as follows:
(1) A District shall be established by the Regional Council and
be comprised of a group of cities that have a geographic
community of interest and have approximately equal
population. A District may be comprised of cities within
different counties, but Districts established by subregions
under subsection (a)(5) or (a)(6) shall include only cities
within the boundaries of such subregions. Procedures for
District Representative elections shall be set forth under
the Regional Council Policy Manual ("Policy Manual').
5
(2) The Regional Council shall review and if it deems
necessary, establish district boundaries every five (5) years,
based upon city population data as most recently available
from the State Department of Finance. The Regional
Council shall review the district boundaries in 2004 and
thereafter in every year ending in 3 or 8.
(3) Notwithstanding any other provisions of these Bylaws, in
the event that upon review of the Districts by the Regional
Council in 2004, District representation is changed, then
those impacted districts shall hold a special election no
later than two months after final action by the Regional
Council to elect their representative who shall serve for a
term established by the Regional Council. Such elections
shall be held in accordance with the procedures established
in Article V(a)(1)(b)(1)-(4) and (6) and with regard to
subregions in accordance with Article V (a)(c)(1)(5) and
(7)•
(4) If a new city within the Association's region is
incorporated after Districts have been established, the
newly incorporated city shall be assigned by the Regional
Council in consultation with the subregion, to a District
with other cities with which it has contiguous borders until
such time as Districts are again established by the Regional
Council.
(5) In any area where a subregional organization has been
formally established under a joint powers agreement
pursuant to California Government Code Sections 6500 et.
seq. for general planning purposes such as for the purpose
of conducting studies and projects designed to improve
and coordinate the common governmental responsibilities
and services on an area -wide and regional basis, exploring
areas of intergovernmental cooperation and coordination of
governmental programs and providing recommendations
and solutions to problems of common and general concern
through the establishment of an association of
governments, and where such subregional organization
serves as the subregional planning agency for the general
purpose local governments and is not a single -purpose joint
powers authority and or other such special district entity,
the applicable subregional organization shall make
recommendations to establish a District (or Districts)
within the boundaries of such subregional area. For
purposes of establishing Districts, the subregional
organization shall use the definition of District as set forth
6
in subsection (1) above. The subregional organization shall
have authority to make recommendations to the Regional
Council to establish Districts every five (5) years and shall
use city populations as most recently determined by the
State Department of Finance. If a new city within the
subregional area is incorporated after Districts have been
established, the newly incorporated city shall be assigned to
a District in accordance with Article V (A)(1)(a)(4) until
such time as Districts are again established as provided for
in this section.
(6) In any area where a subregional organization has been
recognized by action of the Regional Council as a
participant in the Regional Comprehensive Plan planning
process and is organized for general planning purposes of
such as for the purpose of conducting studies and projects
designed to improve and coordinate the common
governmental responsibilities and services on an area -wide
and regional basis, exploring areas of intergovernmental
cooperation and coordination of governmental programs
and providing recommendations and solutions to problems
of common and general concern, the applicable subregional
organization shall make recommendations to establish a
District (or Districts) within the boundaries of such
subregional area. The subregional organization shall use the
definition of District as set forth in subsection (1) above.
The subregional organization shall have authority to make
recommendations to the Regional Council every five (5)
years and shall use city populations as most recently
determined by the State Department of Finance. If a new
city within the subregional area is incorporated after
Districts have been established, the newly incorporated city
shall be assigned to a District in accordance with Article
V(A)(1)(a)(4) until such time as Districts are again
established as provided for in this section.
(7) The Regional Council shall establish a maximum of sixty-
seven (67) districts.
(b) Regional Council Representation
(1) There shall be a minimum of one (1) District representative
for all of the cities within each county in the Association.
(2) Any Regional Council member representing a member city
in a single City District or county which has not yet paid its
annual dues assessment by October 1 of the July 1 - June
7
30 Fiscal Year shall be granted Ex-Officio member status,
without the right to vote, on the Regional Council.
(3) Any Regional Council member from a member city which
has not paid its annual dues assessment by October 1 of the
July 1-June 30 Fiscal Year, and who represents a District
comprised of more than one city, shall relinquish his/her
position on the Regional Council and the seat shall be
declared vacant by the President. Such vacancies shall be
filled through the District representative special election
procedures set forth by the Regional Council.
(4) Any Regional Council member from a Native American
Tribe which has not paid its annual dues assessment by
October 1 of the July 1-June 30 Fiscal Year, and who
represents the Tribal Government Regional Planning
Board, shall relinquish his/her position on the Regional
Council and the seat shall be declared vacant by the
President. Such vacancies shall be filled by the Tribal
Government Regional Planning Board.
(5) CTC, IVAG and the Tribal Government Regional Planning
Board representatives to the Regional Council shall be
appointed by their respective governing boards, and the
appointments shall be formally communicated in writing to
the President.
(6) Any Regional Council member representing a CTC or the
NAG which has not paid its annual dues assessment within
three (3) months of the July 1-June 30 fiscal year shall be
granted Ex-Officio status without the right to vote, on the
Regional Council.
(2) Terms of Office:
(a) Membership on the Regional Council shall be for two (2) years
upon election. Terms shall commence on adjournment of the
annual meeting of the General Assembly, or in the case of those
representatives elected pursuant to special elections to fill
vacancies, for such time as will fill out the remainder of the
vacated term. If a representative serving on the Regional Council
ceases to be an elected official from a member city, county or
ceases to be a locally elected tribal council member, his/her
Regional Council seat shall be declared vacant by the President as
of the time such representative ceases to be an elected official.
Vacancies on the Regional Council shall be filled through the
special election procedures as set forth by the Regional Council or
8
in the case of a locally elected tribal council member, shall be
filled by the Tribal Government Regional Planning Board.
(b) The terms of District representatives who represent even -numbered
Districts shall be two years and shall expire in even -numbered
years. Terms of District representatives who represent odd -
numbered Districts shall be two years and shall expire in odd -
numbered years. The term of the representative from the Tribal
Government Regional Planning Board shall be two years and shall
expire in even -numbered years.
(c) The CTC and NAG representatives to the Regional Council shall
be appointed to two (2) year terms.
(3) Meetings: Unless otherwise determined by the Regional Council, it shall
meet at least once a month. The date, time and location of the Regional
Council meetings shall be recommended by the President and ratified by
the Regional Council. Meetings shall be held upon the call of the President
or upon the call of a majority of the members of the Regional Council.
The Regional Council may adopt any other meeting procedures as part of
the Policy Manual.
(4) Duties
(a) Subject to the policy established by the General Assembly, the
Regional Council shall conduct the affairs of the Association.
(b) The Regional Council shall review and may amend the proposed
annual budget as prepared by the Executive Director. The proposed
budget and the assessment schedule as approved by the Regional
Council, shall be submitted to members of the General Assembly
at least thirty (30) days before the annual meeting. After adoption
of the annual budget assessment schedule by the General
Assembly, the Regional Council shall control all Association
expenditures in accordance with such budget
(1) The Regional Council shall have the power to transfer
funds within the total budget amount in order to meet
unanticipated needs or changed situations. Such action shall
be reported to the General Assembly at its next regular
meeting.
(2) At each annual meeting of the General Assembly, the
Regional Council shall report on all budget and financial
transactions since the previous annual meeting.
(c) The Regional Council shall submit a full report of its activities at
each regular meeting of the General Assembly.
9
(d) The Regional Council shall have the authority to appoint, fix the
salary of, ratify the performance evaluation of and remove an
Executive Director of the Association, and shall have the authority
to create and discontinue positions in the employ of the
Association and fix salaries.
(e) The Regional Council shall have the power to establish committees
to study specific problems, programs, and other matters which the
Regional Council or General Assembly have approved for study.
(f) Recommendations from committees for policy decisions shall be
made to the Regional Council. The Regional Council shall have
the authority to act upon policy recommendations including policy
recommendations from the committees, or it may submit such
recommendations, together with its comments, to the General
Assembly for action.
(g) The Regional Council shall be responsible for carrying out policy
decisions made by the General Assembly.
(h) All Regional Council members shall comply with the SCAG
Conflict of Interest Policy as adopted and amended from time to
time by the Regional Council.
(5) Votinn: In the Regional Council voting shall be conducted in the
following manner:
(a) Only representatives of the membership as defined in Article V (A)
(1) shall have the right to vote as a member of the Regional
Council.
(b) One-third (1/3) of the members of the Regional Council shall
constitute a quorum of the Regional Council.
(c) The affirmative votes of a majority of the Regional Council
quorum are required for action by the Regional Council, except as
set forth in subsections (d), (e) and (f) below.
(d) A County representative may request a "division of the house"
vote if two thirds (2/3) of the county representatives are present. A
District representative may request a "division of the house" vote if
one-third of the District representatives are present. A "division of
the house" vote, shall be tabulated separately for county
representatives and for District representatives and the affirmative
votes of a majority of county representatives present and a majority
of District representatives present shall be required for action by
the Regional Council. For purposes of the division of the house,
10
the representative of the Tribal Government Regional Planning
Board shall be considered to be a District representative.
Pursuant to any "division of the house" vote any city which has
more than one District representative may have its District
representative(s) vote on behalf of any District representative(s)
not in attendance so long as that city's city council has previously
taken an official action authoriiaing the express voting of the city's
position on the specified matter. Notwithstanding the above, any
votes to be exercised pursuant to this subsection shall not be
exercised prior to the holding of the next Regional Council
meeting subsequent to the meeting at which the applicable
"division of the house" vote has been called for. All authorizations
for voting pursuant to this subsection shall be in writing and shall
be made available to the Regional Council at the time of the
subject vote.
(e) In order to recommend the annual budget to the General Assembly,
the affirmative vote of not less than a majority of the Regional
Council membership is required.
(f) In order to appoint or remove the Executive Director, the
affirmative vote of not less than a majority of the Regional Council
membership is required.
(g) Each official representative from the CTC, IVAG and the Tribal
Government Regional Planning Board shall have the right to vote
in the same manner as other members of the Regional Council.
(h) Notwithstanding the provisions of (1) above, the representatives
from the CTC and the NAG shall not be entitled to request a
"division of the house" vote, shall not be included in the tabulation
of the number of county representatives required to request a
"division of the house" vote and shall not be entitled to vote on a
matter considered as a result of a "division of the house."
(6) Expenses: Members of the Regional Council shall serve with
compensation and shall- be reimbursed for the actual necessary expenses
incurred by them in the performance of their duties for the Association, to
the extent that such compensation and reimbursement are not otherwise
provided to them by another public agency, a Tribal Government or the
Tribal Government Regional Planning Board. The Regional Council shall
determine the amount of such compensation and set forth other procedures
for expenses under the Policy Manual.
B. Administration and Policy Committees: For the purpose of developing policy
recommendations to the Regional Council, the Regional Council shall establish as
11
permanent committees the "Administration Committee" in addition to three (3)
"Policy Committees" known as the "Policy Committee on Transportation and
Communications", the "Policy Committee on Energy and Environment", and the
Policy Committee on "Community, Economic and Human Development," in
accordance with the Policy Manual. The Policy Committees shall meet at least
once a month except that the Policy Committees may decide not to meet the
month of August.
C. Administration Committee
(1) Membership: The membership of the Administration Committee shall be
comprised of the President, Vice President, Second Vice President and
Immediate Past -President. The Administratrion Committee shall also
include the Chairs of the three Policy Committees, the Vice -
Chairs of the three Policy Committees and an additional three (3) Regional
Council members appointed by the President, who shall comprise
representatives from the governing boards of the CTCs, NAG or the
subregional organizations within the SCAG region. In the event that a
SCAG officer, Policy Committee Chair or Policy Committee Vice -Chair is
also a member of the governing board of the CTCs, IVAG or a
subregional organization, the President may appoint Regional Council
members not affiliated with any such organization so long as collectively
the six counties within SCAG have representation on the Administration
Committee. In addition, the President shall appoint one member from the
private sector to serve on the Administration Committee in an ex-officio,
non -voting capacity. Appointment by the President of members to the
Administration Committee shall be for one (1) year terms, which
appointment shall expire upon the adjournment of the regular meeting of
the General Assembly.
(2) Meetings: The Administration Committee shall meet at least once a month
and in accordance with the Regional Council Policy Manual, except that
the Administration Committee may decide not to meet in the month of
August.
(3) Duties
(a) Subject to the policy established by the General Assembly and
Regional Council, and in the event that the Administration
Committee determines by majority vote that there is a need to take
immediate action prior to the next regular meeting of the Regional
Council, the Administration Committee shall be authorized to
make decisions and take actions that are binding upon the
Association.
(b) Subject to the policies of the Regional Council, the Administration
Committee shall be responsible for: (1) developing policy
12
recommendations to the Regional Council on administration,
human resources, budgets, finance, operations, communications, or
any other matter specifically referred by the Regional Council; and
(2) negotiating an annual Performance Agreement with the
Executive Director. The Executive Director's Performance
Agreement shall be effective the first day of July of the calendar
year. The Administration Committee, subject to ratification of the
Regional Council, shall be responsible for performing the annual
evaluation of the Executive Director's performance of the prior
year's agreed -upon Performance Agreement. The Administration
Committee shall complete the Executive Director's annual
Performance Evaluation not later than the regularly scheduled
meeting of the June Regional Council meeting.
(c) The powers and duties of the Administration Committee shall
include such other duties as the Regional Council may delegate.
(4) Voting: A quorum shall be seven (7) members of the Administration
Committee. In the event that a vacancy in the membership of the
committee occurs, the quorum shall be reduced by one until such time as
the vacancy is filled. The affirmative vote of the majority of the
Administration Committee quorum is required for an action by the
Administration Committee.
D. Policy Committees
(1) The Policy Committees may include voting members which shall be
Regional Council members; one (1) representative from the California
Department of Transportation; one (1) general purpose local government
elected official representative from each of the subregional organizations
recognized by action of the Regional Council as participants in the
Regional Comprehensive Plan planning process; and one (1) duly
appointed board member, who is a general purpose local elected official,
from an agency with which the Association has a statutory or
Memorandum of Understanding relationship.
(2) The Policy Committees may include ex-officio (non -voting) members who
shall be representatives from regional and subregional single purpose
public agencies and other members as approved by the Regional Council.
(3) Regional Council members representing the CTC, NAG and the Tribal
Government Regional Planning Board shall have the right to vote as
members of the Policy Committees and may, if they are also a locally
elected official, or in the case of the Tribal Government Regional Planning
Board representative, if they are also a locally elected Tribal Council
member from a federally recognized Tribal Government within the SCAG
region, be appointed Chair or Vice Chair of a Policy Committee.
13
(4) The President with regard to each Policy Committee shall:
(a) Appoint all Regional Council members to one of the Policy
Committees for two (2) year terms. In making such appointments,
the President shall to the extent practicable appoint an equal
number of members to each policy committee taking into
consideration regional representation geographical balance,
diversity of views and other factors deemed appropriate by the
President.
(b) Appoint to the Policy Committees members representing public
agencies which have a statutory or Memorandum of Understanding
relationship with SCAG. The members shall be appointed for two-
(2) year terms based on a written request from the agency's
governing board Appointments shall be limited to one
representative from each public agency. In making such
appointments, the President shall consider regional representation.
(c) Appoint ex-officio (non -voting) members upon the
recommendation of the individual Policy Committee members to
the Policy Committees representing the business sector, labor,
community groups and other public interest groups.
(d) In addition to the appointments to the Policy Committees of
subregional organization elected representatives provided for
above in subsection (1) of this Section D, the President shall
appoint to the Policy Committees additional elected official
representatives from each subregional organization which has at
least four (4) Districts.
(e) The determination of the total number of additional representatives
from each subregional organization to be appointed to the Policy
Committees shall be as follows: One (1) additional elected official
representative for each District in excess of three (3) Districts shall
be appointed by the President. The governing boards of each of the
subregional organizations shall nominate the additional
representatives provided for in this subsection (4)(e) to be
appointed to the Policy Committees. In making the appointments,
the President shall consider, among other things, regional
representation.
(f) In addition to the representation provided for in Article V.A(1), the
President shall appoint with the consent of the Tribal Government
Regional Planning Board additional members to each Policy
Committee such that the Tribal Government Regional Planning
Board shall have two members on each Policy Committee. Such
14
representative shall be locally elected Tribal Council members
from the federally recognized Tribal Governments within the
SCAG region.
(5) Policy Committee on Transportation and Communications: This
committee shall study problems, programs and other matters, which
pertain to the regional issues of mobility, air, transportation control
measures and communications.
(6) Policy Committee on Eneray and Environment: This committee shall
study problems, programs and other matters, which pertain to the regional
issues of energy and the environment.
(7) Policy Committee on Community. Economic and Human
Development: This committee shall study problems, programs and other
matters which pertain to the regional issues of community, economic and
human development, housing and growth. This committee shall review
projects, plans and programs of regional significance for consistency and
conformity with applicable regional plans.
E. Appointments: The President is authorized to appoint members of the Regional
Council to SLAG committees, ad hoc committees, subcommittees, or task forces
to study specific problems, programs, or other matters which the Regional
Council or General Assembly have approved for study. The President is also
authorized to appoint Regional Council members to governing boards of other
agencies, districts, commissions, and authorities as representatives of the
Association. If no Regional Council members are available for such appointment,
the President may appoint an elected official not on the Regional Council to
represent the Association. Elected officials appointed to represent the Association
who are not then members of the Regional Council shall be Ex-Officio members
of the Regional Council without the right to vote. Terms of appointment of
Regional Council members and other elected officials to governing boards of
other agencies, districts, commissions, and authorities shall be consistent with the
term of office of the appointing President.
ARTICLE VI- OFFICERS, DUTIES, ELECTIONS AND VACANCIES
A. Officers of the Association shall consist of a President, a Vice President, Second
Vice President, Immediate Past President and a Secretary -Treasurer. The
Association's President, Vice President, and Second Vice President shall be
elected annually by the Regional Council at its annual General Assembly meeting,
from among its membership as set forth below. The Executive Director of the
Association shall serve as the Secretary -Treasurer of the Association, but shall
have no vote in the Association.
15
B. Officers of the Association, except the Secretary -Treasurer, shall be elected from
a list of candidates for each office which shall be prepared by a Nominating
Committee. The Nominating Committee shall be composed of Regional Council
members who collectively represent the six (6) counties within the SCAG region,
with at least two (2) members being County representatives. The recommended
candidates for each office shall be submitted to the Regional Council for
consideration and approval by the Nominating Committee at least one (1) month
prior to the annual General Assembly meeting. The Regional Council may also
consider and approve candidates for each office who are nominated directly at a
Regional Council meeting as part of the election process. New Officers shall take
office upon the ratification of the General Assembly and commencing upon the
adjournment of the General Assembly meeting.
C. A vacancy shall immediately occur in the office of the President, Vice President,
or Second Vice President upon the resignation or death of the person holding such
office, or upon ceasing to be the official representative of a member county or of a
District. Upon the occurrence of a vacancy in the office of President, Vice
President, or Second Vice President, a vacancy shall be filled for the balance of an
unexpired term in order of succession by elevating the next remaining officer to
such position, and the President shall call for a Special Election to fill the
unexpired term of the office of Second Vice President. Such second Vice
President shall be selected from a list of candidates which shall be prepared by a
Nominating Committee structured in accordance with the provisions of Article
VI, Section B. The nominee selected for the office of second Vice President shall
be submitted to the Regional Council by the Nominating Committee. The new
second Vice President shall take office upon adjournment of that meeting.
D. Notwithstanding any provision in these Bylaws to the contrary, the
representatives from the CTCs, IVAG and the Tribal Government Regional
Planning Board shall not be eligible to be elected by the Regional Council as
Officers of the Association.
E. The President of the Association shall be the presiding officer of the Regional
Council and of the General Assembly. The Vice President shall act as the
presiding officer in his/her absence. The Second Vice President, followed by the
Immediate Past President, shall act as the presiding officer in the absence of both
of the above officers.
F. The Secretary -Treasurer shall maintain a record of all Association proceedings,
maintain custody of all Association fiords, and otherwise perform the usual duties
of such office.
16
ARTICLE VH- EXECUTIVE DIRECTOR
The Executive Director shall be the chief administrative officer of the Association. The
powers and duties of the Executive Director are:
A. Subject to the authority of the General Assembly and the Regional Council, to
administer the affairs of the Association.
B. To appoint, direct and remove all employees of the Association.
C. Annually to prepare and present a proposed budget to the Regional Council and to
control the approved budget.
D. To serve as Secretary -Treasurer of the Association.
E. To attend the meetings of the General Assembly and the Regional Council.
F. To perform such other duties as the General Assembly or the Regional Council
may require.
ARTICLE VM- FINANCES
A. Fiscal Year
The Fiscal year of the Association shall commence on July 1.
B. Budget Submission and Adoption
The Association budget shall be submitted by the Executive Director to the
Regional Council. The Regional Council shall adopt an Association budget at
least 30 days prior the Annual Meeting. The Association budget and assessment
schedule shall be adopted by the General Assembly at the Annual Meeting.
Notwithstanding any provision of the agreement establishing the Association, any
member that cannot pay its assessment therefore because of any applicable law or
charter provision, or other lack of ability to appropriate or pay the same, may add
such assessment to its assessment for the next full fiscal year. The budget for each
year shall provide the necessary funds with which to obtain and maintain the
requisite liability and worker's compensation insurance to fully protect each of
the signatory parties hereto, and such insurance shall be so obtained and
maintained.
C. Yearly Membership Assessment
Each year, upon adoption of the annual budget, the General Assembly shall fix
membership assessment for all members of the Association in amounts sufficient
to provide the funds required by the budget and shall advise the legislative body
of each member thereof on or before the first regularly scheduled Regional
Council meeting in May 1 of such year. Absent any other decision regarding
17
19
membership assessments by the General Assembly, the annual membership
assessment will be adjusted by the most recent year to date change in the
Consumer Price Index, with a minimum of one per cent (10/6), for the Los Angeles
Anaheim -Riverside Counties area. The Regional Council, for not more than one
year at a time, may defer, waive, or reduce payment of the annual dues. In taking
any of the actions above, the Regional Council shall adjust the General Fund
Budget to provide a balanced General Fund Budget reflecting any of the above
actions. Any action of the Regional Council deferring, waiving, or reducing the
payment of the annual dues shall be reported at the following General Assembly
meeting. The amount of each member's assessment shall be determined in
accordance with the formula set out in Paragraph "D," following.
Methods of Assessment
Each member county and each member city, based on its total population, shall
pay, as part of its total annual assessment, the following fixed basic assessment:
COUNTIES CITIES
Total Population Base Population Base
Up to 249,999 3,500
250,000 - 1,099,999 10,000
1,100,000 - 1,999,999 15,000
2,000,000 - 3,999,999 25,000
4,000,000 up 35,000
Up to 9,999
$ 100
10,000 — 24,999
250
25,000 — 99,999
500
100,000 — 499,000
750
500,000—999,999
1,000
1,000,000 up
15250
For purposes of the annual assessment each federally recognized Tribal
Government in the SCAG region shall be treated as a city. The remainder of the
total annual assessment to be borne by the member counties shall be charged to
and paid by said member counties in proportion that the population of
unincorporated portions of each bear to the total regional population. The
remainder of the total annual assessment to be borne by the member cities shall be
charged to and paid by said member cities in the proportion that the population of
each bears to the total regional population. The computation of the shares of said
total annual assessments as above provided shall be based upon the respective
populations of the counties and cities as determined by the State Controller in
making the most recent allocation to cities and counties pursuant to the Motor
Vehicle License Fee Law. If any county or city was not a member at the time the
latest assessment was fixed and shall become a member of the Association
thereafter, an assessment shall be payable by such county or city to the
Association upon becoming a member in a sum based upon the current county or
city per capita rate, as the case may be, prorated from the date of establishing
membership until the July 1 following the next annual meeting of the General
Assembly after such date. Notwithstanding the previous provisions of this
Section, no rebates or adjustments shall be made among the existing member
18
counties and/or cities if such additional assessments shall be received from new
members. Notwithstanding the previous provisions of this Section, no regular
dues assessment of any county or city shall exceed twenty percent (20%) of the
total assessment for any annual assessment period.
Regional Council Membership Assessment for CTC and IVAG: Each CTC
and IVAG shall pay a fixed annual Regional Council membership assessment
based on total population, using the following assessment table:
Total Population
Up to 249,000
250,000-1,099,999
1,100,000-1,999,000
2,000,000-3,999,999
More than 4,000,000
E. Annual Audit
Annual Assessment
$ 3,500
$ 10,000
$ 15,000
$ 25,000
$ 35,000
The Regional Council shall cause an annual audit of the financial affairs of the
Association to be made by a certified public accountant at the end of each fiscal
year. The Regional Council shall employ a certified public account of its
choosing. The audit report shall be made to Association member cities and
counties.
F. Indemnification for Tort Liability
In contemplation of the provisions of Section 895.2 of the Government Code of
the State of California imposing certain tort liability jointly upon public entities
solely by reason of such entities being parties to an agreement as defined in
Section 895 of said code, the parties hereto as between themselves, pursuant to
the authorization contained in Sections 895.4 and 895.6 of said code, will each
assume the full liability imposed upon it, or any of its officers, agents or
employees by law for injury caused by a negligent or wrongful act or omission
occurring in the performance of this agreement to the same extent that such
liability would be imposed in the absence of Section 895.2 of said code. To
achieve the above stated purpose each party indemnifies and holds harmless the
other party for any loss, cost or expense that may be imposed upon such other
party solely by virtue of said Section 895.2. The rules set forth in Civil Code
Section 2778 are hereby made a part of these Bylaws.
G. Notwithstanding the provisions of Section 7 of said Joint Powers Agreement by
which this Association is formed, no contract, employment, debt, liability or
obligation of the Association shall be binding upon or obligate any member of
this Association without the express written request or consent of such member
and only to the extent so requested or consented to; nor shall the Association have
the authority or the power to bind any member by contract, employment, debt,
liability, or obligation made or incurred by it without the written request or
19
consent of such member, and then only to such extent as so requested or
consented to in writing.
H. Deuositaries and Investments
In addition to the depositary and the disbursing officer as specified in Section 7 of
the Joint Powers Agreement, the Regional Council may authorize additional
depositaries and those authorized to disburse the Association's funds, and may
specify the terms and conditions pertaining thereto.
ARTICLE IX- STATUTORY AUTHORITY
The Southern California Association of Governments shall be an agency established by a
joint powers agreement among the members pursuant to Title 1, Division 7, Chapter 5, of
the Government Code of the State of California and shall have the powers vested_ in the
Association by State or Federal law, the joint powers agreement, or these bylaws. The
Association shall not have the power of eminent domain, or the power to levy taxes.
ARTICLE X- VOLUNTARY WITHDRAWAL
Any member city or county may, at any time, withdraw from the Association providing,
however, that the intent to withdraw must be stated in the form of a resolution enacted by
the legislative body of the jurisdiction wishing to withdraw. Such resolution of intent to
withdraw from the Association must be given to the Executive Director by the
withdrawing jurisdiction at least 30 days prior to the effective date of withdrawal.
ARTICLE XI- AMENDMENTS
Amendments to these Bylaws may be proposed by an official representative or by the
Regional Council. If proposed by an official representative, the amendment shall be
submitted to the Regional Council at least 45 days prior to a regular meeting of the
General Assembly. Each proposed amendment shall be considered by the Regional
Council and a copy thereof, with the recommendations of the Regional Council and its
reasons therefore, forwarded to the official representative of each member jurisdiction at
least 30 days prior to the meeting at which such proposed amendment will be voted upon.
A majority vote of the county representatives present, and a majority vote of the city
representatives present, are required to adopt an amendment to these Bylaws. If, within
60 days after the adoption of any amendment, one-third or more of the official
representative protest such amendment by filing a written protest with the Executive
Director, it should automatically be suspended until the next meeting of the General
Assembly when it shall be taken up for consideration and vote as in the fast instance.
Notwithstanding any provision of the agreement establishing the Association, Article V -
A-4(b) and the Article VIII A, B, and E of said Bylaws shall not be changed except with
the concurrence of the legislative body of each signatory party to said agreement which
has not then withdrawn from the Association.
20
ARTICLE XH- EFFECTIVE DATE
These Bylaws shall going into effect immediately upon the effective date of the
agreement.
ARTICLE XHI- HIRING PROHIBITION
No current or former elected official who is or was a Member of the SCAG Regional
Council shall be eligible for a period of one (1) year after the last day of service as an
elected official for appointment to any full-time, compensated employment with SCAG.
21
Bylaws adopted by the Joint County -City SCAG Committee:
March 27, 1964
Bylaws amended by the SCAG General Assembly:
February 24, 1966
November 4, 1966
February 24, 1967
February 18, 1970
September 24, 1970
February 16, 1973
September 12, 1974
February 27, 1975
March, 8, 1977
October 6, 1977
March 3, 1978
October 6, 1978
March 16, 1979
October 2, 1980
April 29, 1982
April 26, 1984
January 29, 1987
March 21, 1989
March 22, 1990
April 21, 1991
February 27, 1992
March 12, 1993
22
March 4, 1994
March 3, 1995
July 3, 1996
October 9, 1997
April 16, 1998
September 3, 1998
April 8, 1999
April 6, 2000
May 1, 2003
September 4, 2003
May 4, 2004
May 5, 2005
May 4, 2006
May 3, 2007
May 8, 2008
23