EXECUTIVE ORDER S-10-10
WHEREAS the San Joaquin Valley is remarkably rich and diverse in its people, agriculture, industry, and natural wonders. Within the expanses of the Valley is located a region rich in resources and important to California's heritage, economy, environment, and identity. It is one of the most productive agricultural regions in the world - home to farmlands that feed the nation and the world. It encompasses three world-class national parks that preserve the natural beauty of the Valley and the mountains that bound it. The San Joaquin Valley is intersected by a transportation corridor that is critical to the state's interstate commerce. Its rivers capture the watershed of the Sierra Nevada and flow to the Sacramento-San Joaquin Delta. Its people are hardworking and representative of many cultures, races, and nationalities; and
WHEREAS despite all these many assets, the San Joaquin Valley faces many unique challenges as it works for a prosperous and healthy future. Compared to the rest of our great state, this eight-county region, which is home to 4 million people, lags behind in several important quality of life measures. The per capita income for Valley residents is one-third lower than for the average Californian. Young adults attend college at one-half of the average rate. Access to healthcare is nearly one-third lower for the Valley's citizens than other Californians. The region is also put at risk with its air quality, which ranks among the lowest in the nation; and
WHEREAS the California Partnership for the San Joaquin Valley ("Partnership") was created by Executive Order S-05-05 to focus attention on one of the most vital, yet challenged, regions of the state, and to recommend changes that would improve the economic well-being of the Valley and the quality of life of its residents; and
WHEREAS the Partnership has crafted a Strategic Action Proposal intended to improve the Valley’s economy and the quality of life of Valley residents; and
WHEREAS the Partnership has developed a vision to build a cohesive community supported by a vibrant economy built on competitive strengths and sufficient resources to provide a high quality of life for all Valley residents in order to achieve the "3Es" of sustainable growth – a Prosperous Economy, Quality Environment, and Social Equity; and
WHEREAS the Partnership has already produced many valuable accomplishments and identified six initiatives to achieve its vision; and
WHEREAS the Partnership continues to operate under the provisions of Executive Orders S-22-06 and S-17-08; and
WHEREAS I have determined that it would be helpful to add specificity to the conditions under which directors shall serve on the board of the Partnership to further the mission and goals of the Partnership.
NOW, THEREFORE, I ARNOLD SCHWARZENEGGER, Governor of the State of California, by virtue of the power and authority vested in me by the Constitution and laws of the State of California, do hereby issue this Executive Order to become effective immediately:
1. All members of the Partnership Board of Directors, with the exception of legislators who serve as ex-officio, non-voting members pursuant to paragraph 4 below, shall be appointed by the Governor. Directors shall serve without compensation.
2. There shall be six classes of voting directors in addition to a board chair and two deputy chairs.
Class “A” - State Government Directors. There shall be eight state government members, representing various state agencies, appointed to the board as ex-officio, voting directors.
Class “B” - Local Government Directors. There shall be eight elected officials from local government. These directors shall be appointed by the Governor from lists of candidates nominated by each of the eight Councils of Government from the following counties: San Joaquin, Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and Kern, with one appointment from each county. The nominees from each Council of Government shall be made from among the mayors and members of city councils representing cities located within the county and members of board of supervisors of the county. Each Council of Government shall submit a list containing three candidates.
Class “C” – Private Sector Directors. There shall be eight members of the private sector, one from each of the eight counties.
Class “D” - Liaisons to Government Agencies & Commissions. A Valley resident serving on each of the following state agencies and commissions shall be appointed to serve on the board:
- The California Air Resources Board
- The California Transportation Commission
- The California Workforce Investment Board
- The California Economic Strategy Panel
- The Federal Interagency Task Force for the San Joaquin Valley
Class “E” - Representatives of Consortia. There shall be appointed to the board up to twelve representatives of regional consortia of existing Valley organizations. The regional consortia representatives will be nominated by the Partnership Board of Directors for consideration of appointment by the Governor.
Class “F” - Directors with Specialized Expertise. There shall be appointed up to five individuals with specialized subject-matter expertise and knowledge of Valley issues recommended by the board chair.
3. A board chair and two deputy chairs will be appointed by the Governor. Of these three officials, one shall be appointed from a state agency, one from a local government agency and one from the private sector.
4. All state legislators representing the San Joaquin Valley and all members of the United States Congress representing the San Joaquin Valley will be ex-officio, non-voting directors of the Partnership.
5. The Partnership is a private-public entity. Every reasonable effort will be made to ensure that the board has balanced representation from both sectors, with the intent that neither sector shall have less than forty percent (40%) voting representation on the board.
6. Class “A” directors and ex-officio, non-voting directors shall not serve for a term and shall not be subject to term limits.
7. Unless earlier removed as provided hereunder, terms of service for all other directors shall be 3 years. Board appointments or reappointments made in 2010 shall be staggered in accordance with the Governor’s direction, with terms of 1, 2 or 3 years, and with an approximately equal distribution of directors in each Class appointed for 1, 2 or 3 year terms. No director, except for Class “A” directors and ex-officio, non-voting directors, shall serve for more than three (3) terms or partial terms. In the event of a vacancy on the board, which may result from the death, resignation or removal of a director, a successor will be appointed to serve until the expiration of the term of the replaced director and until a successor has been selected and qualified.
8. Directors may be removed at the absolute discretion of the Governor. Directors who fail to attend fifty percent (50%) or more of the meetings of the board in any twelve month period are subject to removal from the board.
9. Meetings of the board shall be presided over by the chair. In the absence of the chair one of the two deputy chairs shall preside. A majority of the appointed directors shall constitute a quorum for the transaction of business. Ex-officio, non-voting members shall not be counted for purposes of determining whether a quorum has been achieved. Every decision made by a two-thirds (2/3) vote of directors participating in a meeting in which a quorum has been constituted shall be regarded as an act of the board. The board has the authority to designate appropriate fiscal agents to receive funds on behalf of the Partnership.
10. The board may appoint an Executive Committee, comprised of the chair, the two deputy chairs, and up to four additional board members appointed by the chair, and delegate to such committee any of the authority of the board except for any final action on matters which, under the California Nonprofit Public Benefit Corporation Law, also requires approval of a majority of all directors. The board may also appoint other committees as appropriate.
11. This Order does not alter the existing authorities or roles of the executive branch departments, agencies, or offices. Nothing in this Order shall supersede any requirement made by or under law.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
I FURTHER DIRECT that as soon as hereafter possible, this Order shall be filed with the Office of the Secretary of State and that widespread publicity and notice be given to this Order.