The board of supervisors is the governing body of the district, and, unless otherwise provided in this division, the provisions of the County Service Area Law (Chapter 2.5 (commencing with Section 25210) of Part 2 of Division 2 of Title 3 of the Government Code) shall apply to the conduct of the business of the district.
Chapter 3General Administrative Provisions
Section § 13031
This law states that the board of supervisors is in charge of managing the district. Unless there's a different rule within this section, the district's business follows the guidelines set by the County Service Area Law.
board of supervisors governing body district management County Service Area Law business conduct district governance county-level authority local governance supervisory board duties district regulations management guidelines county agency operations local district rules supervisory responsibilities government oversight
Section § 13032
This section allows the board of supervisors to decide if setting up a board of directors for a district is a good idea.
If deemed advisable by the board of supervisors a board of directors for the district may be formed.
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Section § 13033
This section means that the board of directors for a district has powers that are assigned to them by the board of supervisors. Moreover, the board of supervisors can transfer any of their powers to the board of directors if they choose.
The board of directors of any district formed pursuant to this division shall have such powers as the board of supervisors may from time to time give to them. The board of supervisors may grant to the board of directors of the district any powers herein given to the board of supervisors.
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Section § 13034
This law explains how the district board is to be formed. The board usually has five members: four elected from the district, and one who is the current supervisor for the area. Alternatively, if all current directors agree unanimously, all five members can be elected from the district.
The district board shall consist either of five members, four of which shall be elected from the district and the fifth which shall be the supervisor who represents the area in which the district or major portion thereof is located; or, if the district so elects, by unanimous vote of the directors, the district board shall consist of five members who shall be elected from the district.
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Section § 13034.5
If a district decides to have a five-member board, it can hold a special election to replace a board member who serves as a supervisor. This special election must follow specific rules starting from Section 13050. The person elected will serve until the next regular district election, after which they serve a four-year term.
If the district doesn't hold a special election, the replacement will be elected during the next regular election. A current supervisor stays in their role until their replacement is elected and qualified. The district must cover costs incurred by local governments for this special election process.
If a district elects pursuant to Section 13034 to have the district board consist of five members elected from the district, the district board may call a special election for the purpose of electing a district board member to succeed the supervisorial member on the district board. A special election called pursuant to this section shall be called and conducted in accordance with the provisions of Chapter 4 (commencing with Section 13050) of this division. A person elected to a district board at a special election pursuant to this section shall hold office until the next succeeding general district election and until the election and qualification of his successor. Thereafter, the term of office of such elected board member shall be four years.
If a special election is not called, the successor to the supervisorial member shall be elected at the next general district election.
Any supervisor serving as a district board member when an election is held pursuant to this section shall remain in office until the election and qualification of his successor.
Any district electing to call a special election pursuant to the provisions of this section shall reimburse any local government for any costs incurred by such local government by reason of the provisions of this section.
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Section § 13035
In this law, it specifies that all directors, except the supervisorial member, must be voters who reside in the district.
Exclusive of the supervisorial member, the directors shall be voters in the district.
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Section § 13035.1
This law section states that during the first general district election after January 1, 1998, voters will elect the same number of directors as those whose terms have expired. Any directors still in their term by the election date will serve until their term ends and successors are elected. The election must follow the rules set by the Uniform District Election Law, ensuring proper ballot format and conduct of resident voting elections.
The number of directors elected by voters in the district at the first general district election held after January 1, 1998, shall be equal to the number of directors whose terms have expired by the date of that election. Any director whose term has not expired by the date of that election shall continue to serve until the person’s term of office expires and the person’s successor has been elected by the voters in the district. At the first general district election held after January 1, 1998, and at all subsequent general district elections, the form of the ballot and the conduct of the election shall comply with the requirements of the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code) governing resident voting elections.
directors election first general district election terms expiration successor election Uniform District Election Law resident voting elections ballot requirements Election Code voter compliance post-1998 elections electoral conduct director term continuation
Section § 13036
If a director's position becomes vacant, the board of supervisors is responsible for appointing a new director to fill the vacancy.
All vacancies in the office of director shall be filled by appointment by the board of supervisors.
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Section § 13037
If someone needs to be chosen to fill an empty director position, that person will serve for the rest of the term left by their predecessor, until someone else is elected or appointed to take over.
An appointment to fill a vacancy in the office of director shall be for the unexpired term of the office in which the vacancy exists, and until the election or appointment of his successor.
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Section § 13038
Each year, the district board needs to choose one of its members to be the president and also appoint someone as the secretary, which can be anyone on the board.
Once each year, the district board shall elect one of its members to serve as president and shall appoint a secretary, who may be a member of the board.
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Section § 13039
All meetings of the district board must be open for the public to attend.
All sessions of the district board shall be public.
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Section § 13040
This section requires the district board to decide when and where it will meet, how to organize special meetings, and to set up rules for how it conducts its business.
The district board by resolution, shall provide for the time and place of its meetings, the manner of calling special meetings and shall establish rules for its proceedings.
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Section § 13041
This law section outlines how directors of a district board in California can be compensated. Directors can earn up to $25 for each board meeting they attend, up to two meetings per month, plus reimbursement for any necessary expenses from performing their duties. They can also receive $25 for performing other district duties for up to five days per month, with the exception of the board president. Additionally, the board sets the compensation for the secretary, which replaces any other meeting attendance compensation.
(a)CA Public Resources Code § 13041(a) Any compensation provided pursuant to this section shall comply with Articles 2.3 (commencing with Section 53232) and 2.4 (commencing with Section 53234) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
(b)CA Public Resources Code § 13041(b) The district board may authorize each director to receive compensation not exceeding twenty-five dollars ($25) for each meeting of the board attended by the director within the State of California, not exceeding two meetings in any calendar month, plus reimbursement for actual and necessary expenses incurred in the performance of these duties.
(c)CA Public Resources Code § 13041(c) The district board may authorize a director to receive for performing duties for the
district other than attending board meetings:
(1)CA Public Resources Code § 13041(c)(1) Not to exceed twenty-five dollars ($25) for each day, but payment is limited to five days in any calendar month as to each director other than the president.
(2)CA Public Resources Code § 13041(c)(2) Actual and necessary expenses incurred in the performance of these duties.
(d)CA Public Resources Code § 13041(d) The secretary shall receive compensation set by the board, which compensation shall be in lieu of any other compensation to which the secretary may be entitled for attendance at meetings pursuant to this section.
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