Proceedings for Special DistrictsRepresentation and Functions
Section § 56821
This law allows either the commission or the governing body of any independent special district in a county to start a process through a formal resolution. The resolution can propose two things: first, the idea of having special districts represented on the commission; and second, the removal of rules that impact what special districts do and the services they provide.
Section § 56821.1
When a commission adopts a specific resolution, the executive officer must quickly organize a meeting with a special group called the independent special district selection committee. This meeting should occur between 15 and 35 days after the resolution is passed. The committee will discuss the resolution and, by a majority vote, either agree or disagree with it. If they approve, they inform the executive officer, and the commission moves forward with another resolution. If they reject it, the executive officer is notified, and the process stops.
Section § 56821.3
This law requires an independent special district that makes a decision under Section 56821(a) to promptly send a copy of that decision to the executive officer. If more than half of the independent special districts in a county do this within a year of the first notification, then the commission will discuss and decide on moving forward with the next steps at their following regular meeting, according to Section 56822.
Section § 56821.5
If most special districts in a county approve a resolution and submit certified copies to the executive officer, the commission must adopt its own version of that resolution within 35 days.
Section § 56822
This section explains that when either the commission or independent special districts comply with certain legal steps, they must make a 'resolution of intention.' This resolution declares whether the proceedings were initiated by the commission or specific districts and names them. It also states if they plan to repeal regulations, and whether they will refer these matters to a special district advisory committee. If so, the resolution must describe the regulations to be repealed. Furthermore, it sets a date for a hearing to decide if the proposal will be approved, disapproved, or referred to the advisory committee. Lastly, if the resolution is about representation on the commission, it will go to a special district advisory committee for further action.
Section § 56822.3
If there's a hearing scheduled under a specific part of Section 56822, the responsible official needs to announce the hearing in several ways: publish it in a public source, post notices in designated places, and send mail notifications to the county clerk and all local agencies. Various sections outline the details of each notification method.
Section § 56822.5
This law section explains that after a scheduled hearing, the commission decides whether to approve, disapprove, or refer a proposal to a special district advisory committee for further analysis. The hearing may proceed as initially planned or be continued to another time and place. The commission's decision will be made through a formal resolution.
Section § 56823
This law explains the process when a proposal is sent to a special district advisory committee for review. The committee's formation and actions should follow certain established guidelines. The committee remains active until the commission decides on its recommendations. The proposal involves changes to the functions of special districts. The text defines key terms: 'plan of reorganization' refers to regulations, while 'proposal of reorganization' involves changes. The 'reorganization committee' is the advisory committee itself, and 'subject district' refers to the affected independent special district.
The commission can allow non-independent special districts to appoint nonvoting members to the advisory committee. These nonvoting members have the same rights as voting members, except they cannot vote.
Section § 56824
This law allows a special district advisory committee, with members from more than five independent special districts, to form an executive committee to handle parts of a study. The executive committee can prepare a draft report for the full committee's approval. Voting members decide how many will be on the executive committee, but if there are nonvoting members, they can also join in equal numbers but without voting rights.
Once the executive committee finishes its study and drafts a report, it submits this to the full advisory committee. The full advisory committee has the authority to reject, adopt, or modify the draft report and can even create its own report and recommendations.
Section § 56824.1
This law outlines what a commission must do within 35 days after a special district advisory committee submits a report. The commission can either reject the report outright if it only involves repealing regulations or adopt a resolution to hold a hearing. If the report involves requesting special district representation on the commission, the commission must adopt a resolution to approve it. This resolution should detail the report, express the commission's intent to approve it, and set a hearing date within 15 to 35 days.
Section § 56824.3
This law requires that before a hearing takes place, the executive officer must alert the public and relevant officials through several methods. This includes publishing a notice, posting it in designated areas, and mailing it to the county clerk and local agencies within the county.
Section § 56824.5
This section outlines the procedure for a hearing conducted by a commission regarding a report and recommendations. The commission can suggest changes during the hearing, which are then reviewed by a special district advisory committee or its executive committee. The committee has 60 days to give feedback, otherwise, it is assumed to agree with the changes. After the hearing, the commission must decide on the report and recommendations within 30 days, either approving them as they are or with modifications.
Section § 56824.7
When a special district advisory committee's report and recommendations are approved, the following actions must be taken: First, any regulations recommended for repeal by the report have to be canceled. Second, the commission's chairperson must organize and announce a meeting of the independent special district selection committee within 15 days if it's necessary to choose special district representatives as explained in another regulation.