ICOC Operations
(a) Legal Actions and Liability
(1) The institute may sue and be sued.
(2) Based upon ICOC standards, institute grantees shall indemnify or insure and hold the institute harmless against any and all losses, claims, damages, expenses, or liabilities, including attorneys’ fees, arising from research conducted by the grantee pursuant to the grant, and/or, in the alternative, grantees shall name the institute as an additional insured and submit proof of such insurance.
(3) Given the scientific, medical, and technical nature of the issues facing the ICOC, and notwithstanding Section 11042 of the Government Code, the institute is authorized to retain outside counsel when the ICOC determines that the institute requires specialized services not provided by the Attorney General’s office.
(4) The institute may enter into any contracts or obligations which are authorized or permitted by law.
(b) Personnel
(1) The ICOC shall from time to time determine the total number of authorized employees for the institute, which number shall not exceed 70 employees (full-time equivalent), excluding members of the working groups and members of the ICOC, who shall not be considered institute employees, and excluding up to 15 additional institute employees (full-time equivalent) to support the development of policies and programs to help make treatments and cures arising from institute-funded research available and affordable for Californians. The cap on employees shall not apply to employees funded through sources other than bond proceeds or the General Fund. The ICOC shall select a chairperson, vice chairperson, and president who shall exercise all of the powers delegated to them by the ICOC. The following functions apply to the chairperson, vice chairperson, and president:
(A) The chairperson’s primary responsibilities are to manage the ICOC agenda and workflow including all evaluations and approvals of scientific and medical working group grants, loans, facilities, and standards evaluations, and to supervise all annual reports and public accountability requirements; to manage and optimize the institute’s bond financing plans and funding cashflow plan; to interface with the California Legislature, the United States Congress, the California health care system, and the California public; to optimize all financial leverage opportunities for the institute, including, without limitation, generating matching or supplemental funds through collaborations with other states, nations, territories, or institutions; and to lead negotiations for intellectual property agreements, policies, and contract terms. The chairperson shall also serve as a member of the Treatments and Cures Accessibility and Affordability Working Group, the Scientific and Medical Accountability Standards Working Group, and the Scientific and Medical Research Facilities Working Group and as an ex officio member of the Scientific and Medical Research Funding Working Group. The vice chairperson’s primary responsibilities are to support the chairperson in all duties and to carry out those duties in the chairperson’s absence.
(B) The president’s primary responsibilities are to serve as the chief executive of the institute; to recruit the highest scientific and medical talent in the United States to serve the institute on its working groups; to serve the institute on its working groups; to direct ICOC staff and participate in the process of supporting all working group requirements to develop recommendations on grants, loans, facilities, and standards as well as to direct and support the ICOC process of evaluating and acting on those recommendations, the implementation of all decisions on these and general matters of the ICOC; to hire, direct, and manage the staff of the institute; to develop the budgets and cost control programs of the institute; to manage compliance with all rules and regulations of the ICOC, including the performance of all grant recipients; and to manage and execute all intellectual property agreements and any other contracts pertaining to the institute or research it funds.
(2) Each member of the ICOC except, the chairperson, vice chairperson, and the members appointed pursuant to paragraphs (3), (4), (5), and (6) of subdivision (a) of Section 125290.20, who shall be compensated pursuant to paragraph (3), shall receive a per diem of one hundred dollars ($100) per day (adjusted annually for cost of living) for each day actually spent in the discharge of the member’s duties, plus reasonable and necessary travel and other expenses incurred in the performance of the member’s duties.
(3) The ICOC shall establish daily consulting rates and expense reimbursement standards for the members of all of its working groups, including the members of the ICOC appointed pursuant to paragraphs (3), (4), (5), and (6) of subdivision (a) of Section 125290.20. The daily consulting rate shall include time spent in preparation for, and participation in, institute, working group, and ICOC meetings and shall include compensation and expense reimbursement for caregivers when necessary to facilitate a member’s participation in a meeting as a result of the member’s medical condition.
(4) Notwithstanding Section 19825 of the Government Code, the ICOC shall set compensation for the chairperson, vice chairperson, and president and other officers, and for the scientific, medical, technical, and administrative staff of the institute within the range of compensation levels for executive officers and scientific, medical, technical, and administrative staff of medical schools within the University of California system and the nonprofit academic and research institutions described in paragraph (2) of subdivision (a) of Section 125290.20, and travel expense reimbursement rates and moving and relocation expense limits.
(Amended November 3, 2020, by initiative Proposition 14, Sec. 13. Effective on December 16, 2020. Note: This section was added on Nov. 2, 2004, by initiative Prop. 71.)