There is in the state government the Dairy Council of California, which shall consist of no less than 24, nor more than 26, members. All members of the council shall be appointed by the secretary and may hold office at the pleasure of the secretary. The membership of the council shall be as follows:

Officials or members, otherwise qualified, of corporations, associations, and other business units, that are actually engaged in business as producers or handlers are eligible to be members of the council.

The term of office of a member of the council shall be three years.

Any vacancy occurring on the council during an unexpired term of office may be filled by the secretary for the unexpired term. In filling a vacancy, the secretary may consider recommendations from the remaining members of the council. The secretary may remove any member of the council for cause deemed sufficient by the secretary and the vacancy caused by removal shall be filled in the manner as provided in this section for the unexpired term.

Members of the council shall be nominated and appointed pursuant to procedures recommended by the council and approved by the secretary. The procedures may include, but are not limited to, nominations, preference voting, and district representation.

A majority of the members of the council shall constitute a quorum for the transaction of all business, including the election of officers.

The council shall select from its members, to serve at its pleasure, a chair and vice chair who, together with at least three, and no more than five, other members selected by the council, shall constitute the executive committee of the council. The executive committee shall have and exercise those powers of the council as the council may delegate to it.

The council shall have two regular meetings in each year at times and places fixed by the council. The times for regular meetings shall be fixed so that there is an interval of at least four calendar months between all regular meetings. The council may meet in special meetings at any time and place at the call of the chair. The executive committee shall have four regular meetings each year at times and places fixed by it, and may meet in special meetings at any time and place at the call of the chair.

The appointed members of the council shall receive one hundred dollars ($100) per day for each day spent in actual attendance at the meetings or on the business of the council and shall be reimbursed for necessary traveling and other expenses that are incurred in the performance of their official duties.

No member of the council, except for a member of the executive committee, shall receive compensation for more than 10 days’ service per year. No member of the executive committee shall receive compensation for more than three days’ service per month.

The members of the council who are duly appointed by the secretary, and employees of the council, shall not be held responsible individually in any way, to any person, for liability on any contract or agreement of the council. All salaries, expenses, costs, obligations, and liabilities that arise out of the administration and enforcement of this chapter are payable only from funds that are collected pursuant to the provisions of this chapter.

The secretary may require any employee or agent of the council to give a fidelity bond that is executed by a surety company that is authorized to do business in this state in favor of the secretary, in a sum, and containing terms and conditions, that the secretary may prescribe. The cost of a fidelity bond required pursuant to this section shall be paid from the funds that are collected pursuant to this chapter.

It is hereby declared, as a matter of legislative determination, that producers and handlers appointed to the council pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the council, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.