Section § 9020

Explanation

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.

A legislative body of at least three members known as the board of trustees shall govern every district. The board of trustees shall establish policies for the operation of the district. The board of trustees shall provide for the faithful implementation of those policies which is the responsibility of the employees of the district.

Section § 9021

Explanation

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.

Within 30 days after the effective date of the formation of a district, a board of trustees shall be appointed as follows:
(a)CA Health & Safety Code § 9021(a)  In the case of a district that contains territory in a single county, the board of supervisors shall appoint three or five persons to the board of trustees.
(b)CA Health & Safety Code § 9021(b)  In the case of a district that contains territory in more than one county, the board of supervisors of the principal county shall appoint three or five persons from any county in which the district is located to the board of trustees.

Section § 9022

Explanation

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.

(a)CA Health & Safety Code § 9022(a)  Each person appointed by a board of supervisors to be a member of a board of trustees shall be a voter in the district.
(b)CA Health & Safety Code § 9022(b)  All trustees shall exercise their independent judgment on behalf of the interests of the residents, property owners, and the public as a whole in furthering the purposes and intent of this part. The trustees shall represent the interests of the public as a whole and not solely the interests of the board of supervisors that appointed them.

Section § 9023

Explanation

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.

(a)CA Health & Safety Code § 9023(a)  The initial board of trustees of a district formed on or after January 1, 2004, shall be determined pursuant to this section.
(b)CA Health & Safety Code § 9023(b)  The persons appointed to the initial board of trustees shall meet on the first Monday after 45 days after the effective date of the formation of the district.
(c)CA Health & Safety Code § 9023(c)  At the first meeting of the initial board of trustees, the trustees shall classify themselves by lot into two classes, as nearly equal as possible. The term of office of the class having the greater number shall expire at noon on the first Monday in January that is closest to the fourth year from the appointments made pursuant to Section 9021. The term of office of the class having the lesser number shall expire at noon on the first Monday in January that is closest to the second year from the appointments made pursuant to Section 9021.

Section § 9024

Explanation

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.

(a)CA Health & Safety Code § 9024(a)  Except as provided in subdivision (b) of this section, subdivision (c) of Section 9023, and subdivision (d) of Section 9026, the term of office for a member of the board of trustees shall be for a term of four years and until the appointment and qualification of the successor. Terms of office commence at noon on the first Monday in January.
(b)CA Health & Safety Code § 9024(b)  For districts formed before January 1, 2004, where the members of the board of trustees are not serving staggered terms, the board of supervisors shall stagger the terms of the trustees and to accomplish this purpose shall appoint trustees, on or after January 1, 2004, for terms of less than four years. However, a board of supervisors shall not reduce the term of office of a trustee once the trustee has been appointed to that term, whether the appointment was made before, on, or after January 1, 2004.
(c)CA Health & Safety Code § 9024(c)  Any vacancy in the office of a member appointed to a board of trustees shall be filled promptly pursuant to Section 1779 of the Government Code. Any person appointed to fill a vacant office shall fill the balance of the unexpired term.

Section § 9025

Explanation

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.

(a)CA Health & Safety Code § 9025(a)  A board of trustees may adopt a resolution requesting the board of supervisors of the principal county to increase or decrease the number of members of the board of trustees. The resolution shall specify the number of members for which the board of trustees requests the increase or decrease.
(b)CA Health & Safety Code § 9025(b)  Within 60 days of receiving a resolution adopted pursuant to subdivision (a), the board of supervisors shall consider the resolution at a public hearing. 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.
(c)CA Health & Safety Code § 9025(c)  At its hearing, the board of supervisors shall receive and consider any written or oral comments regarding the resolution. After receiving and considering those comments, the board of supervisors may adopt a resolution that orders the increase or decrease in the number of members of the board of trustees.
(d)CA Health & Safety Code § 9025(d)  If the board of supervisors adopts a resolution that orders an increase in the number of members of the board of trustees, the board of supervisors shall promptly appoint a person or persons to the board of trustees and specify their term of office, consistent with the requirements of this part. If the board of supervisors adopts a resolution that orders a decrease in the number of members of the board of trustees, the board of supervisors shall designate the trustee or trustees whose office shall be eliminated at the termination of the trustee’s current term of office. Any trustee whose office is designated to be eliminated shall continue to serve until his or her term expires.

Section § 9026

Explanation

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.

(a)CA Health & Safety Code § 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)CA Health & Safety Code § 9026(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)CA Health & Safety Code § 9026(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)CA Health & Safety Code § 9026(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)CA Health & Safety Code § 9026(d)(1)  In the case of a district that has a board of trustees appointed by the board of supervisors:
(A)CA Health & Safety Code § 9026(d)(1)(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)CA Health & Safety Code § 9026(d)(1)(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)CA Health & Safety Code § 9026(d)(1)(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)CA Health & Safety Code § 9026(d)(2)  In the case of a district where the board of supervisors has appointed itself to be the board of trustees:
(A)CA Health & Safety Code § 9026(d)(2)(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)CA Health & Safety Code § 9026(d)(2)(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)CA Health & Safety Code § 9026(d)(2)(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.

Section § 9027

Explanation

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.

(a)CA Health & Safety Code § 9027(a)  A local agency formation commission, in approving either a consolidation of districts or the reorganization of two or more districts into a single district, may, pursuant to subdivisions (k) and (n) of Section 56886 of the Government Code, change the number of members on the board of trustees of the consolidated or reorganized district, provided that the resulting number of trustees shall be an odd number but not less than five.
(b)CA Health & Safety Code § 9027(b)  Upon the expiration of the terms of the members of the board of trustees 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 trustees shall be reduced until the number equals the number of members determined by the local agency formation commission.
(c)CA Health & Safety Code § 9027(c)  Notwithstanding subdivision (c) of Section 9024, in the event of a vacancy on the board of trustees of the consolidated or reorganized district at a time when the number of members of the board of trustees is greater than the number determined by the local agency formation commission, the vacancy shall not be filled and the membership of the board of trustees shall be reduced by one member.

Section § 9028

Explanation

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.

(a)CA Health & Safety Code § 9028(a)  At the first meeting of the initial board of trustees of a newly formed district, and in the case of an existing district not later than the first meeting of every calendar year, the board of trustees shall elect its officers.
(b)CA Health & Safety Code § 9028(b)  The officers of a board of trustees are a chairperson, vice chairperson, and a secretary. The chairperson and vice chairperson shall be trustees. The secretary may be either a trustee or a district employee. A board of trustees may create additional officers and elect members to those positions. No trustee shall hold more than one office.
(c)CA Health & Safety Code § 9028(c)  Except as provided in Section 9077, the county treasurer of the principal county shall act as the district treasurer. The county treasurer shall receive no compensation for the receipt and disbursement of money of the district.

Section § 9029

Explanation

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.

A board of trustees shall meet at least once every three months. Meetings of the board of trustees are subject to the provisions of the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code.

Section § 9030

Explanation

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.

(a)CA Health & Safety Code § 9030(a)  A majority of the board of trustees shall constitute a quorum for the transaction of business.
(b)CA Health & Safety Code § 9030(b)  Except as otherwise specifically provided to the contrary in this part, a recorded vote of a majority of the total membership of the board of trustees is required on each action.
(c)CA Health & Safety Code § 9030(c)  The board of trustees shall act only by ordinance, resolution, or motion.
(d)CA Health & Safety Code § 9030(d)  The board of trustees shall keep a record of all of its acts, including financial transactions.
(e)CA Health & Safety Code § 9030(e)  The board of trustees shall adopt rules for its proceedings.

Section § 9031

Explanation

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.

(a)CA Health & Safety Code § 9031(a) The board of trustees may provide, by ordinance or resolution, that each of its members may receive compensation in an amount not to exceed one hundred dollars ($100) for attending each meeting of the board. A member of the board of trustees shall not receive compensation for more than six meetings of the board in a calendar month. Commencing January 1, 2019, if the district compensates its members for more than four meetings in a calendar month, the board of trustees shall annually adopt a written policy describing, based on a finding supported by substantial evidence, why more than four meetings per calendar month are necessary for the effective operation of the district.
(b)CA Health & Safety Code § 9031(b) The board of trustees, by ordinance adopted pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code, may increase the amount of compensation received for attending meetings of the board.
(c)CA Health & Safety Code § 9031(c) In addition, members of the board of trustees may receive their actual and necessary traveling and incidental expenses incurred while on official business other than a meeting of the board.
(d)CA Health & Safety Code § 9031(d) A member of the board of trustees may waive any or all of the payments permitted by this section.
(e)CA Health & Safety Code § 9031(e) For the purposes of this section, a meeting of the board of trustees includes, but is not limited to, regular meetings, special meetings, closed sessions, emergency meetings, board field trips, district public hearings, or meetings of a committee of the board.
(f)CA Health & Safety Code § 9031(f) For purposes of this section, the determination of whether a trustee’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.
(g)CA Health & Safety Code § 9031(g) Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code.