Chapter 1. Directors of California Water Code >> Division 21. >> Part 3. >> Chapter 1.
The board of directors shall consist of three, five, or
seven members, depending on the number of divisions in the district.
Each director shall be an elector of the division for which he is
elected, a qualified elector of the district, and a resident of the
county, or of one of the counties, in which the district is situated.
(a) Notwithstanding any other provision of this part, the
local agency formation commission, in approving either a
consolidation of districts or the reorganization of two or more
districts into a single water conservation district may, pursuant to
subdivisions (k) and (n) of Section 56886 of the Government Code,
increase the number of directors to serve on the board of directors
of the consolidated or reorganized district to 7, 9, or 11, who shall
be members of the board of directors of the districts to be
consolidated or reorganized as of the effective date of the
consolidation or reorganization.
(b) Unless the local agency formation commission provides for an
alternative schedule for reducing the size of the board of directors
of the consolidated or reorganized district, upon the expiration of
the terms of the members of the board of directors of the
consolidated or reorganized district whose terms first expire
following the effective date of the consolidation or reorganization,
the total number of members on the board of directors shall be
reduced until the number equals 5, 7, or 9, as may be determined by
the local agency formation commission in approving the consolidation
or reorganization.
(c) In addition to the powers granted under Section 1780 of the
Government Code, in the event of a vacancy on the board of directors
of the consolidated or reorganized district at which time the total
number of directors is greater than five, the board of directors may,
by majority vote of the remaining members of the board, choose not
to fill the vacancy. In that event, the total membership of the board
of directors shall be reduced by one board member. Upon making the
determination not to fill a vacancy, the board of directors shall
notify the board of supervisors of its decision.
The directors elected at the formation election shall
immediately enter upon their duties as such upon qualifying in the
manner provided in this chapter. Such directors shall hold office
respectively until their successors are elected and qualified.
The directors of any district who are elected shall hold
office pursuant to Section 10505 of the Elections Code.
Each director elected subsequent to the formation election
shall hold office for a term of four years and until his successor is
elected and qualified.
Vacancies occurring in the board, by reason of death,
resignation, or otherwise, shall be filled pursuant to Section 1780
of the Government Code.
Upon his election or appointment, each person who shall be
elected or appointed to the office of director shall qualify as such
by taking and subscribing to an official oath and executing and
filing a bond as provided in Section 74206.
Each director shall execute an official bond in the sum of
one thousand dollars ($1,000). The director shall file that official
bond, together with his or her official oath, with the secretary.
All official bonds shall be in the form prescribed by law
for the official bonds of county officers.
Each director shall receive compensation in an amount not to
exceed one hundred dollars ($100) per day for each day's attendance
at meetings of the board or for each day's service rendered as a
director by request of the board, not exceeding a total of six days
in any calendar month, together with any expenses incurred in the
performance of his or her duties required or authorized by the board.
For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be
made pursuant to Article 2.3 (commencing with Section 53232) of
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
Reimbursement for these expenses is subject to Sections 53232.2 and
53232.3 of the Government Code.
(a) A district with a board consisting of seven directors
may reduce the number of directors to five pursuant to this section.
A reduction in the number of directors shall not be made within 180
days preceding the election of a director.
(b) In order to reduce the number of directors pursuant to this
section, the board shall adopt, by a recorded vote of two-thirds of
the total membership of the board, a resolution proposing to reduce
the number of directors from seven to five. The resolution shall
contain a map and description of the boundaries for the five
divisions proposed to be established.
(c) The secretary of the district shall set a date for a public
hearing on the proposal to reduce the number of directors, which
shall be not less than 30 days and not more than 60 days after the
date on which the board adopted the resolution described in
subdivision (b). The secretary shall give notice of the hearing,
which shall include a description of the proposal and shall contain a
map and general description of the proposed boundaries of the five
divisions. The secretary shall give notice of the hearing by
publishing a notice pursuant to Section 6063 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 secretary shall mail the notice to a person who has
filed a written request for notice with the secretary at least 10
days before the hearing.
(d) 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 those comments,
the board, by a recorded vote of two-thirds of the total membership
of the board, shall do either of the following:
(1) Disapprove the proposal.
(2) Adopt a resolution that orders the reduction in the number of
members of the board.
(e) The adoption of a resolution that orders a reduction in the
number of members of the board pursuant to this section is a
legislative act that is subject to referendum pursuant to Article 2
(commencing with Section 9340) of Chapter 4 of Division 9 of the
Elections Code.
(f) A reduction in the number of directors and a change in
division boundaries pursuant to this section shall not affect the
term of office of any director. A director of a division for which
boundaries have been changed shall continue to be the director of the
division bearing the number of his or her division until the office
becomes vacant by means of term expiration or otherwise, whether or
not the director is a resident within the boundaries of the division
as changed. The successor to the office of a director of a division
for which boundaries have been changed shall be a resident and voter
of that division.
(g) This section does not apply to districts within the County of
Ventura, which are subject to the provisions of Chapter 4 (commencing
with Section 74450) of Part 4.