Public Cemetery DistrictsBoard of Trustees
Section § 9020
Every district must have a governing board called the board of trustees that includes at least three members. This board is responsible for setting policies for how the district should be run. It's then up to the district's employees to carry out these policies effectively.
Section § 9021
After a new district is created, a board of trustees needs to be appointed within 30 days. If the district is entirely in one county, that county's board of supervisors appoints three or five people to the board. If the district spans multiple counties, the main county's board of supervisors appoints three or five people from any of the counties involved to sit on the board.
Section § 9022
This law states that anyone appointed by a board of supervisors to serve as a trustee must be a registered voter within the district.
Additionally, trustees are expected to make decisions independently and prioritize the interests of all residents, property owners, and the public. Their focus should be on serving the community's overall needs, rather than just the board of supervisors that selected them.
Section § 9023
This section outlines how the initial board of trustees is set up for any district formed after January 1, 2004. After the district is officially formed, the appointed trustees meet after 45 days. At their first meeting, they draw lots to decide on two groups with different term lengths. One group, possibly larger, will serve until about four years later, while the other serves until about two years later.
Section § 9024
This law talks about how long trustee members serve on a board and how to handle vacancies. Typically, trustees serve four-year terms starting at noon on the first Monday in January, unless other specific rules apply. For boards formed before January 1, 2004, without staggered terms, the supervising board must set staggered terms by appointing trustees to terms less than four years, but can't shorten terms once appointed.
If there's a vacant spot on a board, it must be filled quickly by someone who will finish the remaining term according to a specified government code.
Section § 9025
This law allows a board of trustees to request a change in the number of its members by passing a resolution. They can ask the county's board of supervisors to either increase or decrease the members.
Once a resolution is received, the board of supervisors must hold a public hearing within 60 days to discuss it. They need to notify the public at least 10 days before the hearing by publishing a notice in a local newspaper and mailing it to interested parties.
During the hearing, the board of supervisors listens to any public feedback. After considering the comments, they can decide to adjust the number of trustees as requested.
If they decide to increase the members, the board of supervisors appoints new trustees and sets their terms. If they decide to reduce the number, they must identify which current trustees' positions will be eliminated, allowing them to complete their terms before leaving.
Section § 9026
This law allows the board of supervisors of a principal county to make decisions about its role as the board of trustees for a district. They can choose to become the board of trustees or step down from that position. If they wish to change their role, they must pass a resolution indicating their intention and then hold a public hearing within 60 days to discuss the change. They must notify the public and the district at least 10 days before the hearing.
During the hearing, they consider any comments and written protests submitted. If fewer than 10% of registered voters protest, the board can proceed with the change by majority vote. If 10% or more protest, the board must decide if the change is necessary for the public's well-being. If they believe it is, they can override the protests with a four-fifths vote. Otherwise, the process ends, and no change occurs.
Section § 9027
This law explains how the board of trustees is structured when two or more districts are merged into one. It allows a local agency formation commission to set the number of board members as long as it's an odd number and at least five. Once the terms of the current board members expire, the number of members will be reduced to match the commission's decision. If a vacancy occurs when there are more members than decided by the commission, the vacancy will not be filled until the board size matches the commission's determined number.
Section § 9028
This section outlines the procedures for electing officers in a board of trustees for both new and existing districts. At the first meeting of a new district’s board, or annually for existing districts, officers must be elected.
The board officers include a chairperson, vice chairperson, and a secretary. The chairperson and vice chairperson need to be trustees, while the secretary can also be a district employee. Additional officer roles can be created, but no trustee can hold more than one position at a time.
Furthermore, the county treasurer of the main county acts as the district treasurer without receiving extra pay for managing district funds, unless specified otherwise in a different section.
Section § 9029
This law says that a board of trustees must have meetings at least once every three months. These meetings have to follow the rules of the Ralph M. Brown Act, which is a law ensuring public access to meetings of government bodies.
Section § 9030
This law outlines how a board of trustees should operate. A majority of the board members need to be present to make decisions (a quorum). Each decision requires a recorded vote from the majority of all board members, unless stated otherwise. They must make decisions through formal methods like ordinances, resolutions, or motions. All actions, including financial matters, must be documented. Finally, the board must also set rules governing how they conduct their meetings and business.
Section § 9031
This law allows the board of trustees to pay its members up to $100 for each meeting they attend, up to a maximum of six meetings per month. If members attend more than four meetings monthly, a policy must be made to justify the necessity. Members can also be reimbursed for travel and incidental expenses while on official business.
They can increase the payment amount by passing an ordinance related to the Water Code. Members have the right to waive any payments. Meetings include regular, special, closed sessions, and other board-related activities. The specifics of payment eligibility are governed by other sections of the Government Code, which also address reimbursement procedures.