Section 9026 Of Chapter 3. Board Of Trustees From California Health And Safety Code >> Division 8. >> Part 4. >> Chapter 3.
9026
. (a) The board of supervisors of the principal county may
appoint itself to be the board of trustees of a district and the
board of supervisors may divest itself of that authority, pursuant to
this section.
(b) In the case of a district that has a board of trustees
appointed by the board of supervisors, the board of supervisors may
adopt a resolution declaring its intention to appoint itself to be
the board of trustees of the district. In the case of a district
where the board of supervisors has appointed itself to be the board
of trustees, the board of supervisors may adopt a resolution
declaring its intention to divest itself of that authority.
(c) Within 60 days of adopting a resolution adopted pursuant to
subdivision (b), the board of supervisors shall hold a public hearing
on the question whether the board of supervisors should govern the
district. The board of supervisors shall give notice of its hearing
by publishing a notice pursuant to Section 6061 of the Government
Code in at least one newspaper of general circulation within the
jurisdiction of the district at least 10 days before the hearing. In
addition, the board of supervisors shall mail the notice at least 10
days before the hearing to the district and any other person who has
filed written request for notice with the clerk of the board of
supervisors.
(d) At its hearing, the board of supervisors shall receive and
consider any written or oral comments regarding a resolution adopted
pursuant to subdivision (b). At the conclusion of the hearing, the
board of supervisors shall make a finding regarding the value of
written protests filed and not withdrawn and take one of the
following actions:
(1) In the case of a district that has a board of trustees
appointed by the board of supervisors:
(A) If the written protests filed and not withdrawn are less than
10 percent of the registered voters of the district, the board of
supervisors may by a majority vote adopt a resolution terminating the
appointed board of trustees and appointing itself as the board of
trustees of the district. In that case, the terms of any trustees
appointed by the board of supervisors shall terminate immediately.
(B) If the written protests filed and not withdrawn are 10 percent
or more of the registered voters of the district, the board of
supervisors may determine that the proposed change in governance is
necessary to protect the public health, safety, and welfare. If the
board of supervisors makes that determination, the board of
supervisors may override those protests and by a four-fifths vote
adopt a resolution terminating the appointed board of trustees and
appointing itself as the board of trustees of the district. In that
case, the terms of any trustees appointed by the board of supervisors
shall terminate immediately.
(C) If the written protests filed and not withdrawn are 10 percent
or more of the registered voters of the district and if the board of
supervisors does not adopt a resolution pursuant to paragraph (B),
the board of supervisors shall adopt a resolution that terminates the
proceedings to change the governance of the district.
(2) In the case of a district where the board of supervisors has
appointed itself to be the board of trustees:
(A) If the written protests filed and not withdrawn are less than
10 percent of the registered voters of the district, the board of
supervisors may by a majority vote adopt a resolution divesting
itself of that authority. In that case, the board of supervisors
shall promptly appoint persons as members of the board of trustees
pursuant to this part.
(B) If the written protests filed and not withdrawn are 10 percent
or more of the registered voters of the district, the board of
supervisors may determine that the proposed change in governance is
necessary to protect the public health, safety, and welfare. If the
board of supervisors makes that determination, the board of
supervisors may override those protests and by a four-fifths vote
adopt a resolution divesting itself of that authority. In that case,
the board of supervisors shall promptly appoint persons as members of
the board of trustees pursuant to this part.
(C) If the written protests filed and not withdrawn are 10 percent
or more of the registered voters of the district and if the board of
supervisors does not adopt a resolution pursuant to paragraph (B),
the board of supervisors shall adopt a resolution that terminates the
proceedings to change the governance of the district.