The establishment of the Merced County May Day Fair Department
and the organizational process described herein are pursuant to the
action of the California State Legislature via Government Code §§
25900, et seq.
(Ord. 1039, 1981)
The purpose of this ordinance is to set forth the organization
and processes for administering the Merced County May Day Fair:
A.
Establish
the organization and authority of the May Day Fair Board.
B.
Set
forth the responsibilities and reporting relationships for the May
Day Fair Manager.
C.
Identify
relationships of the County of Merced, the May Day Fair Manager, and
May Day Fair Board.
(Ord. 1039, 1981)
The following terms are to be used in connection with the operation
of the Merced County May Day Fair:
means the Merced County May Day Fair Department, also known
as the Los Banos Fair, the Los Banos May Day Fair, the Spring Fair
and the Merced County Fair.
means the Merced County May Day Fair Board established under Section 2.96.040 of the Ordinance.
means the county-employed position responsible for managing
the day-to-day activities of the Fair and to provide staff assistance
to the Fair Board.
(Ord. 1039, 1981)
A.
The
number of directors of the Fair Board shall be 15.
B.
The
appointments to the Fair Board shall be made by the Board of Supervisors
of the County of Merced, upon expiration of terms, or upon a vacancy
because of death resignation, removal, disqualification or any other
cause within 60 days of the vacancy. One member shall be appointed
from each of Districts 1, 2, 3, and 4; seven members shall be appointed
from District 5; and four members shall be appointed at-large by the
District 5 Supervisor. Such vacancy appointments shall be made for
the unexpired portion of the term.
(Ord. 1039, 1981; Ord. 1457, 1993)
The term of the offices of each Board member other than Board
members first appointed or Board members appointed to fill an unexpired
term shall be four years. The Board members first appointed shall
classify themselves by lot so that three terms shall expire on June
30, 1982 and thereafter, four year terms shall expire on each June
30 of each succeeding year for three years. Upon expiration of terms,
members shall serve until reappointed or until a new member is appointed
by the Board of Supervisors.
(Ord. 1039, 1981)
Any member may be removed by the Board of Supervisors or by
the Board of Supervisors upon the recommendation of a majority of
the Fair Board members appointed for three consecutive unexcused absences.
Any member may resign at any time by giving written notice to the
Board of Supervisors. Any such resignation shall take effect at the
date of receipt of such notice or at any later date specified therein.
(Ord. 1039, 1981)
Subject to the limitations of this ordinance and of the statutes
of the State of California, including the approval of the Department
of Agriculture, Division of Fairs and Expositions, as required by
law, all powers shall be exercised by or under the authority of the
Board of Supervisors.
(Ord. 1039, 1981)
Regular meetings of the Fair Board shall be held once per month
at the office of the Fair. The time and day of the month shall be
established by the Board of Supervisors by resolution. All meetings
shall be public meetings pursuant to the Brown Act, Government Code
§ 54950.
(Ord. 1039, 1981)
Special meetings of the Fair Board for any purpose or purposes
may be called at any time by the chairman, or if he/she is absent,
or unable, or refuses to act, by a majority of the members at the
time in office, and may be held either at a place designated within
the district or at the office of the Fair Board and in accordance
with the Brown Act, Government Code § 54950. Notice of any special
meeting shall specify in addition to the place day and hour of each
said meeting, the general nature of the business to be transacted.
(Ord. 1039, 1981)
Any meeting may be adjourned to a stated time and place. In
the absence of a quorum, a majority of the members present at the
meeting may so adjourn any meeting.
(Ord. 1039, 1981)
A majority of the members at the time in office shall be necessary
to constitute a quorum for the transaction of business. Every act
or decision done or made by a majority of the members present at a
meeting duly held at which a quorum is present shall be regarded as
the act of the Fair Board.
(Ord. 1039, 1981)
Voting by proxy shall not be permitted.
(Ord. 1039, 1981)
A.
The
officers of the Fair Board shall be a chairman and a vice-chairman.
The officers of the Fair Board shall be elected by the Fair Board
and each shall hold his/her office for a period of one year or no
more than two successive years and until his/her successor is elected,
unless he/she shall resign or shall be removed or otherwise be disqualified
to serve.
B.
Any
officer may be removed for cause by majority of the Fair Board members
at any time in office, at any regular or special meeting of the Fair
Board. Any officer may resign at any time by giving written notice
to the Fair Board or to the Chairman of the Fair Board. Any such resignation
shall take effect at the date of receipt of such notice or at any
later date specified therein. The acceptance of such resignation shall
not be necessary to make it effective.
C.
A vacancy
in any office because of death, resignation, removal, disqualification
or any other cause shall be filled by election by the Fair Board members
for the unexpired portion of the term at the next meeting of the Fair
Board.
D.
The
chairman shall preside at all meetings of the Fair Board and shall
be an ex-officio member of all committees. Should the chairman not
be present at any meeting of the Fair Board, the vice-chairman shall
preside. In the absence of the chairman and the vice-chairman, a chairman
pro tem may be chosen to preside at such meeting.
(Ord. 1039, 1981)
All checks, drafts, or other orders for the payment of money,
notes, or other evidences of indebtedness issued in the name of or
payable to the Merced County May Day Fair shall be signed by the Merced
County Auditor-Controller.
(Ord. 1039, 1981)
The Fair Board shall prepare such reports required to be submitted
to the Department of Agriculture, Division of Fairs and Expositions,
and forward them to the Board of Supervisors who shall be responsible
for submitting said reports to the Department of Agriculture, Division
of Fairs and Expositions.
(Ord. 1039, 1981)
Pursuant to state law, only the Merced County Board of Supervisors
or County Purchasing Agency shall enter into contracts or execute
any instrument in the name of and upon behalf of the Merced County
May Day Fair. The County Purchasing Agency may execute instruments
as limited by law. No Fair Board member, officer, agent or employee
shall have any power or authority to bind the Merced County May Day
Fair or Merced County by any contract or rengagement, to pledge its
credit, or render it liable for any purpose or in any amount.
(Ord. 1039, 1981)
All employees of the Merced County May Day Fair shall be employees
of Merced County. The Fair Board may make recommendations with regard
to selection of the Fair Manager. All employees of the Merced County
May Day Fair Department shall be selected through the County Personnel
Department's recruitment and selection process.
(Ord. 1039, 1981)
All expenditures of the Merced County May Day Fair Department
shall be processed through the Merced County Auditor-Controller.
(Ord. 1039, 1981)
When possible and appropriate and as prescribed by law, the
Merced County May Day Fair Department shall use county services provided
by county departments in the same manner as do all other county departments.
(Ord. 1039, 1981)
The Fair Board may appoint an executive committee and such other
committees as the Fair Board deems necessary. The Fair Board may delegate
to the chairman the responsibility of appointing committees.
(Ord. 1039, 1981)
The May Day Fair Board may adopt bylaws and such bylaws and
all bylaw revisions shall be ratified by the Board of Supervisors.
(Ord. 1039, 1981)
The annual budget and, the audit of records and accounts of
the Merced County May Day Fair shall be kept and maintained and funds
allocated on a fiscal-year basis (July 1 through June 30). Such annual
budget shall be developed and reviewed through the Merced County budget
process.
(Ord. 1039, 1981)
The May Day-Fair Manager shall be an employee of Merced County,
and receive the rights and benefits thereof.
A.
The
Fair Manager shall be appointed by the Board of Supervisors after
considering Recommendations of the Fair Board and the County Administrator
and in conformance with the Merced County recruitment and selection
procedure.
B.
Under
general policy guidance of the Board of Supervisors and administrative
direction of the County Administrator, the Merced County May Day Fair
Manager is responsible for: the development of, and creation of, the
Fair budget; examining the quality of management and safety and health
of employees and visiting public; handling complaints at the local
level; evaluating the effectiveness of the Fair in meeting the needs
of the community; mak1e recommendations to the Fair Board for improvement
of the Fair and its effectiveness on the community's needs; attend
regular Board meetings and other Fair-related meetings; assist in
ensuring there is full utilization of fairgrounds for interim events
at other-than-Fair times; and make recommendations which would eliminate
conflicts of interest.
The Fair Manager is subject to general policy guidance of the
Board of Supervisors and is under administrative direction of the
County Administrator in accordance with applicable rules and regulations
of the Division of Fairs and Expositions of the State Department of
Agriculture. The Fair Manager is also responsible for the operation
of the Fair and must keep proper accounts and records in accordance
with the requirements of the State Department of Finance and the County
Auditor-Controller.
The Fair Manager shall accept donations on behalf of the County
and the Fair in conformance with Government Code § 25355. The
Fair Manager shall prepare annual budget recommendations for State
and County budgets in accordance with State and County guidelines
and monitor expenditure from these budgets in an appropriate manner
consistent with existing laws and regulations.
(Ord. 1039, 1981)
A.
The
Board of Supervisors shall be responsible for the appointment of the
Fair Board members and the Fair Manager; setting policy for the operation
and control of the Fair; providing all necessary reports to the State;
execute contracts as required by law; submitting an annual accounting
and premium list to the State Department of Food and Agriculture;
and providing staff assistance to the Fair Board, approving the annual
budget which shall contain the State funds for county fairs. The Board
of Supervisors delegates to the Fair Manager authority to accept donations
and gifts on behalf of the County and the Fair in accordance with
Government Code § 25355.
B.
The
Merced County Auditor-Controller shall be responsible for providing
weekly, monthly and annual fiscal reports of the Fair operations to
the Fair Manager; provide assistance to the Fair Board and Manager
with respect to fiscal matters; and maintain an accounting of all
expenditures and revenues. All funds of the Fair shall be maintained
in the County treasury and disbursed by the County Auditor-Controller
except for checking accounts, authorized by the Auditor-Controller
and as provided under Government Code.
(Ord. 1039, 1981)
