There is in each county, except a county which is also a city and county, a county committee on school district organization. The number of members of the county committee in each county shall be determined as provided in this article.
Article 1County Committees on School District Organization
Section § 4000
Every county in California, except those that are both a city and a county, must have a county committee responsible for overseeing school district organization. The number of committee members will be decided according to the rules in this article.
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Section § 4001
If a whole county falls under one unified school district, the school district's board will serve as the county committee.
If all of the territory of a county under the jurisdiction of the county superintendent of schools of the county is included in one unified school district, the governing board of the unified school district shall constitute the county committee.
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Section § 4002
If a county has fewer than six school or community college districts, the county superintendent of schools is responsible for deciding how many people will be on the county committee and for appointing those members.
Except as provided in Section 4001, if there are fewer than six school districts or community college districts in the territory under the jurisdiction of the county superintendent of schools of the county, he or she shall determine the number of, and appoint, the members of the county committee.
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Section § 4003
If a county in California has six or more school or community college districts, it must have a county committee on school district organization that consists of 11 members.
In every county with six or more school districts or community college districts in the territory under the jurisdiction of the county superintendent of schools of the county, the county committee on school district organization shall have 11 members.
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Section § 4004
This section addresses what happens when the number of school or community college districts in a county changes. If a county with at least six districts drops to fewer than six, certain rules kick in, per Sections 4001 or 4002. If there are fewer than six districts and the number rises to six or more, different rules apply according to Section 4003. Importantly, even if the number of districts changes, existing committee members continue to serve their current terms.
(a)CA Education Code § 4004(a) If the number of school districts or community college districts in a county with six or more districts decreases to fewer than six, Section 4001 or 4002 shall apply, as appropriate.
(b)CA Education Code § 4004(b) If the number of school districts or community college districts in a county with fewer than six districts increases to six or more, Section 4003 shall apply.
(c)CA Education Code § 4004(c) Each member serving on a county committee when the number of school districts or community college districts changes as described in subdivision (a) or (b) shall serve out his or her term of office.
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Section § 4005
This law requires the county superintendent of schools to organize an annual meeting for representatives from both school districts and community college districts. This meeting needs to take place sometime between October 1 and December 1 each year. Notices for this meeting must be sent in advance by prepaid mail, and the notice is considered complete once it is mailed to the district board's clerk or secretary.
(a)CA Education Code § 4005(a) The county superintendent of schools shall call an annual meeting of the representatives of the governing board of each school district, elected pursuant to Section 35023, and the representatives of the governing board of each community college district, elected pursuant to Section 72403. This annual meeting shall be held between October 1 and December 1.
(b)CA Education Code § 4005(b) The county superintendent of schools shall give notice of the annual meeting to the representatives of each governing board by prepaid mail addressed to the clerk or secretary of the governing board of each district. The notice shall be deemed sufficient and complete when deposited in the United States mail.
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Section § 4006
This section explains how vacancies on the county committee for school district organization are filled in California. If a member's term ends, the vacancy can be filled by a majority vote of governing board representatives at an annual meeting, and absentee ballots may be used. If the representatives don't choose someone, the county superintendent fills the vacancy. Other vacancies occurring before a term ends, due to specific events, are filled by appointment from the superintendent or by the committee members, depending on the county's process. If the committee doesn't act within 70 days, the superintendent steps in. The intent is to increase participation through absentee voting without reducing public oversight of candidate selection.
(a)CA Education Code § 4006(a) Any vacancy created by the expiration of the term of office of a member of the county committee on school district organization shall be filled by the majority vote of the representatives of the governing boards at the annual meeting called and held pursuant to subdivision (a) of Section 4005. The county committee may authorize the representatives of the governing boards to vote, for this purpose, through the use of absentee ballots that are submitted, in the form and manner prescribed by the county committee, prior to the date set for the annual meeting.
(b)CA Education Code § 4006(b) If the representatives fail to elect members to fill the vacancies on the county committee pursuant to subdivision (a), the vacancies shall be filled by the county superintendent of schools.
(c)CA Education Code § 4006(c) Vacancies on the county committee which occur prior to the expiration of the term of office of a member of the county committee, which are caused by the happening of any of the events specified in Section 1770 of the Government Code, shall be filled as follows:
(1)CA Education Code § 4006(c)(1) In a county in which the members of the county committee are appointed by the county superintendent of schools, by the appointment of the county superintendent of schools.
(2)CA Education Code § 4006(c)(2) In a county in which the members of the county committee are elected by the representatives of the governing boards, by the majority vote of the remaining members of the committee. However, if the remaining members of the committee do not fill the vacancy within 70 days of its occurrence, the county superintendent of schools shall fill the vacancy by his or her appointment.
Persons elected or appointed to fill a vacancy pursuant to this subdivision shall hold office for the remainder of the unexpired term.
(d)CA Education Code § 4006(d) It is the intent of the Legislature that the allowance for absentee ballots will increase participation in the selection of county committees and will not diminish the public review of candidates for those county committees.
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Section § 4007
This law says that people who work in the county education system, like superintendents and school employees, cannot be members of the county committee. However, people who are on the governing board of a school district or community college, even in a different county, can also be on the county committee if they qualify.
No county superintendent of schools, employee of the office of a county superintendent of schools, employee of a school district, or employee of a community college district shall be a member of the county committee. Any member of the governing board of a school district or community college district in the same or any other county who is otherwise eligible may simultaneously serve as a member of the county committee.
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Section § 4008
This law says that each county committee must have at least two members chosen from registered voters living in each county supervisorial district. If the district's boundaries change and an existing member is affected, that member will continue to serve until their term ends, after which the new committee members will be elected according to the existing rules.
(a)CA Education Code § 4008(a) At least two members of every county committee shall be elected from among the registered voters residing within each county supervisorial district in the county.
(b)CA Education Code § 4008(b) If any change in the boundaries of a county supervisorial district in the county affects an incumbent member of the county committee, the affected member shall serve the remainder of his or her term of office and succeeding county committees shall be elected in accordance with subdivision (a).
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Section § 4009
When someone is elected or appointed as a member of the county committee, their term lasts for four years.
The term of each member of the county committee shall begin upon election pursuant to Section 4006 or upon appointment pursuant to Section 4002, as appropriate, and shall be for four years.
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Section § 4010
County committee members don't get paid, but they can get reimbursed for travel expenses that are necessary for doing their job.
The members of the county committee shall serve without compensation. However, they shall receive reimbursement for any actual and necessary travel expenses incurred in the performance of their duties.
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Section § 4011
The county counsel or district attorney can provide legal services to the county committee. If the county board of education handles certain duties and includes the county committee's expenses in the county's education budget, the committee can hire its own lawyer, similar to how the county's school superintendent does. The cost for hiring a lawyer will be paid from the county's school service fund.
(a)CA Education Code § 4011(a) The county counsel, or if there is no county counsel, the district attorney, may provide legal services to the county committee.
(b)CA Education Code § 4011(b) In any county in which the board of supervisors has transferred functions and duties to the county board of education pursuant to Section 1080 and the county board of education has agreed to include the expenses of the county committee in the single budget adopted pursuant to Section 1623 for which a county tax is levied, the county committee may appoint legal counsel in the same manner that the county superintendent of schools of that county may appoint counsel. The expenses of an appointment pursuant to this subdivision shall be a proper charge against the county school service fund.
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Section § 4012
Once a county committee is formed, the county superintendent of schools has to organize its first meeting within 30 days. During this meeting, the committee will choose a chairperson and a vice-chairperson. The superintendent acts as the committee's secretary.
Within 30 days after the election or appointment of the county committee, the county superintendent of schools shall call the first meeting of the county committee, for purposes of electing a committee chairperson and a committee vice chairperson from among the members of the committee. The county superintendent of schools shall serve as the secretary of the county committee.
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Section § 4013
The chairperson or a majority of members can call meetings for the county committee.
Meetings of the county committee may be called by the chairperson, or by a quorum of the committee.
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Section § 4014
To make decisions, most members of the county committee need to be present at a meeting.
For purposes of this article, a majority of the members of county committee shall constitute a quorum.
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