Chapter 3. Board Of Directors of California Government Code >> Division 3. >> Title 6. >> Part 2. >> Chapter 3.
(a) Except as provided in Section 61040.1, a legislative
body of five members known as the board of directors shall govern
each district. The board of directors shall establish policies for
the operation of the district. The board of directors shall provide
for the implementation of those policies which is the responsibility
of the district's general manager.
(b) No person shall be a candidate for the board of directors
unless he or she is a voter of the district or the proposed district.
No person shall be a candidate for the board of directors that is
elected by divisions or from divisions unless he or she is a voter of
that division or proposed division.
(c) All members of the board of directors shall exercise their
independent judgment on behalf of the interests of the entire
district, including the residents, property owners, and the public as
a whole in furthering the purposes and intent of this division.
Where the members of the board of directors have been elected by
divisions or from divisions, they shall represent the interests of
the entire district and not solely the interests of the residents and
property owners in their divisions.
(d) Service on a municipal advisory council established pursuant
to Section 31010 or service on an area planning commission
established pursuant to Section 65101 shall not be considered an
incompatible office with service as a member of a board of directors.
(e) A member of the board of directors shall not be the general
manager, the district treasurer, or any other compensated employee of
the district, except for volunteer firefighters as provided by
Section 53227.
(f) This section shall be repealed on January 1, 2035.
(a) A legislative body of five members known as the board of
directors shall govern each district. The board of directors shall
establish policies for the operation of the district. The board of
directors shall provide for the implementation of those policies
which is the responsibility of the district's general manager.
(b) No person shall be a candidate for the board of directors
unless he or she is a voter of the district or the proposed district.
No person shall be a candidate for the board of directors that is
elected by divisions or from divisions unless he or she is a voter of
that division or proposed division.
(c) All members of the board of directors shall exercise their
independent judgment on behalf of the interests of the entire
district, including the residents, property owners, and the public as
a whole in furthering the purposes and intent of this division.
Where the members of the board of directors have been elected by
divisions or from divisions, they shall represent the interests of
the entire district and not solely the interests of the residents and
property owners in their divisions.
(d) Service on a municipal advisory council established pursuant
to Section 31010 or service on an area planning commission
established pursuant to Section 65101 shall not be considered an
incompatible office with service as a member of a board of directors.
(e) A member of the board of directors shall not be the general
manager, the district treasurer, or any other compensated employee of
the district, except for volunteer firefighters as provided by
Section 53227.
(f) This section shall become operative on January 1, 2035.
(a) The board of directors of the Santa Rita Hills
Community Services District may consist of three members.
(b) (1) Prior to reducing the board of directors to three members
pursuant to subdivision (a), the board of directors, after receiving
a petition signed by a majority of voters requesting a reduction in
the number of board members, shall adopt, by a recorded majority vote
of the entire board of directors, a resolution proposing to reduce
the number of directors to three members.
(2) The district shall hold a public hearing regarding the
proposal to reduce the number of directors.
(3) Notice of the public hearing shall be given by placing a
display advertisement of at least one-eighth page in a newspaper of
general circulation for three weeks, pursuant to Section 6063, and by
United States first-class mail to each landowner voter in the
district, postage prepaid, and notice shall be deemed given when
deposited in the mail. The envelope or cover of the mailing shall
include the name of the local agency and the return address of the
sender and the mailed notice shall be in at least 10-point type.
(4) The public hearing shall be held at least 45 days after
mailing the notice pursuant to paragraph (3).
(5) At the hearing the board shall receive and consider any
written or oral comments regarding the proposed reduction in the
number of directors. After receiving and considering the comments,
the board, by a recorded majority vote of the entire board of
directors shall do one of the following:
(A) Disapprove the proposal.
(B) Adopt a resolution that orders the reduction in the number of
members of the board to three members.
(c) A reduction in the number of directors pursuant to this
section shall not affect the term of office of any director. A
director currently holding office as of the effective date of the
reduction in the number of members of the board of directors shall
continue to be the director until the office becomes vacant by means
of term expiration or otherwise.
(d) This section shall be repealed on January 1, 2035.
(a) If the number of members of the board of directors of
the Santa Rita Hills Community Services district is reduced pursuant
to Section 61040.1, the board may increase the board to five members.
(b) (1) Prior to increasing the board of directors to five members
pursuant to Section 61040.1, the board of directors shall adopt, by
a recorded majority vote of the entire board of directors, a
resolution proposing to increase the number of directors to five
members.
(2) The district shall hold a public hearing regarding the
proposal to increase the number of directors.
(3) Notice of the public hearing shall be given by placing a
display advertisement of at least one-eighth page in a newspaper of
general circulation for three weeks, pursuant to Section 6063, and by
United States first-class mail to each landowner voter in the
district, postage prepaid, and notice shall be deemed given when
deposited in the mail. The envelope or cover of the mailing shall
include the name of the local agency and the return address of the
sender and the mailed notice shall be in at least 10-point type.
(4) The public hearing shall be held at least 45 days after
mailing the notice pursuant to paragraph (3).
(5) At the hearing the board shall receive and consider any
written or oral comments regarding the proposed increase in the
number of directors. After receiving and considering the comments,
the board, by a recorded majority vote of the entire board of
directors shall do one of the following:
(A) Disapprove the proposal.
(B) Adopt a resolution that orders the increase in the number of
members of the board to five members.
(c) If the board adopts a resolution to increase the number of
directors pursuant to this section, it shall not subsequently reduce
the number of directors pursuant to Section 61040.1.
(d) This section shall be repealed on January 1, 2025.
(a) The term of office of each member of a board of
directors is four years or until his or her successor qualifies and
takes office. Directors shall take office at noon on the first Friday
in December following their election.
(b) For districts formed before January 1, 2006, where the members
of the board of directors are not serving staggered terms, at the
first meeting after January 1, 2006, the members shall classify
themselves by lot into two classes. One class shall have three
members and the other class shall have two members. For the class
that has three members, the terms of the offices that begin after the
next general district election shall be four years. For the class
that has two members, the initial terms of the offices that begin
after the next general district election shall be two years.
Thereafter, the terms of all members shall be four years.
(c) Any vacancy in the office of a member elected to a board of
directors shall be filled pursuant to Section 1780.
(a) Within 45 days after the effective date of the formation
of a district, the board of directors shall meet and elect its
officers. Thereafter, within 45 days after each general district or
unopposed election, the board of directors shall meet and elect the
officers of the board of directors. A board of directors may elect
the officers of the board of directors annually.
(b) The officers of a board of directors are a president and a
vice president. The president shall preside over meetings of the
board of directors and the vice president shall serve in the
president's absence or inability to serve.
(c) A board of directors may create additional offices and elect
members to those offices, provided that no member of a board of
directors shall hold more than one office.
A board of directors shall hold a regular meeting at least
once every three months. Meetings of the board of directors are
subject to the Ralph M. Brown Act, Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5.
(a) A majority of the total membership of the board of
directors shall constitute a quorum for the transaction of business.
(b) The board of directors shall act only by ordinance,
resolution, or motion.
(c) Except as otherwise specifically provided by law, a majority
vote of the total membership of the board of directors is required
for the board of directors to take action.
(d) The minutes of the board of directors shall record the aye and
no votes taken by the members of the board of directors for the
passage of all ordinances, resolutions, or motions.
(e) The board of directors shall keep a record of all its actions,
including financial transactions.
(f) The board of directors shall adopt rules or bylaws for its
proceedings.
(g) The board of directors shall adopt policies for the operation
of the district, including, but not limited to, administrative
policies, fiscal policies, personnel policies, and the purchasing
policies required by this division.
(a) Ordinances may be passed by the voters by initiative
pursuant to Article 1 (commencing with Section 9300) of Chapter 4 of
Division 9 of the Elections Code.
(b) Legislative acts may be disapproved by the voters by
referendum pursuant to Article 2 (commencing with Section 9340) of
Chapter 4 of Division 9 of the Elections Code.
(c) Members of the board of directors may be recalled by the
voters pursuant to Chapter 1 (commencing with Section 11000) of
Division 11 of the Elections Code.
(a) The board of directors may provide, by ordinance or
resolution, that each of its members may receive compensation in an
amount not to exceed one hundred dollars ($100) for each day of
service. A member of the board of directors shall not receive
compensation for more than six days of service in a month.
(b) The board of directors, by ordinance adopted pursuant to
Chapter 2 (commencing with Section 20200) of Division 10 of the Water
Code, may increase the amount of compensation that may be received
by members of the board of directors.
(c) The board of directors may provide, by ordinance or
resolution, that its members may receive their actual and necessary
traveling and incidental expenses incurred while on official
business. Reimbursement for these expenses is subject to Sections
53232.2 and 53232.3.
(d) A member of the board of directors may waive any or all of the
payments permitted by this section.
(e) For the purposes of this section, a "day of service" means any
of the following:
(1) A meeting conducted pursuant to the Ralph M. Brown Act,
Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5.
(2) Representation of the district at a public event, provided
that the board of directors has previously approved the member's
representation at a board of directors' meeting and that the member
delivers a written report to the board of directors regarding the
member's representation at the next board of directors' meeting
following the public event.
(3) Representation of the district at a public meeting or a public
hearing conducted by another public agency, provided that the board
of directors has previously approved the member's representation at a
board of directors' meeting and that the member delivers a written
report to the board of directors regarding the member's
representation at the next board of directors' meeting following the
public meeting or public hearing.
(4) Representation of the district at a meeting of a public
benefit nonprofit corporation on whose board the district has
membership, provided that the board of directors has previously
approved the member's representation at a board of directors' meeting
and the member delivers a written report to the board of directors
regarding the member's representation at the next board of directors'
meeting following the corporation's meeting.
(5) Participation in a training program on a topic that is
directly related to the district, provided that the board of
directors has previously approved the member's participation at a
board of directors' meeting, and that the member delivers a written
report to the board of directors regarding the member's participation
at the next board of directors' meeting following the training
program.
A board of directors may appoint one or more advisory
committees to advise the board of directors about the district's
finances, policies, programs, or operations.