18438.1. Officers and Agencies Under Government Code Section 84308

(a) The officers of an agency exempted by Government Code Section 84308(a)(3) are exempted only when:

(1) They are acting as members of the governing body of the agency, and the body is acting in its entirety as itself or as the ex officio governing body of any other agency. This applies to a city council or board of supervisors which designates itself as the redevelopment agency for the city or county; or

(2) They are acting as members of any committee or subgroup of the governing body of the agency which is composed solely of members of the governing body of the agency.

(b) The exemption for the officers of local governmental agencies who are directly elected by the voters applies only to agencies whose entire membership consists of officers directly elected by the voters to serve on that agency.

(c) "Alternate" means any person designated to serve as an officer of an agency who has served at least once in the preceding three months, or who knows or has reason to know that he or she will serve as an officer of the agency in the next three months.

(d) An officer of an agency includes only those persons who:

(1) Serve as members of governmental boards and commissions; or

(2) Serve as the head of an agency. A member of the Governor's Cabinet is not an officer under Government Code Section 84308 when he or she is acting in the capacity of agency secretary; however, the person is an officer when he or she acts as a department director or as a member of any board or commission.

Note: Authority: Section 83112, Gov. Code

Reference: Section 84308, Gov. Code

History

(1) New section filed 1-26-83; effective thirtieth day thereafter.

(2) Amendment filed 3-12-84; effective thirtieth day thereafter.

(3) Amendment filed 2-22-85; effective thirtieth day thereafter.

(4) Editorial correction of section heading filed 5-6-85; effective thirtieth day thereafter.