Resource Conservation DistrictsElection and Formation
Section § 9181
This law explains the steps for organizing an election to form a new district. First, if a local agency formation commission approves the creation of a district, the executive officer must send the decision to the board of supervisors where the district will be located. The board has 35 days to announce an election for the district's formation. If the district spans multiple counties, each affected county's board handles the election for their area.
Next, the election must be scheduled for a regular or special election date, which has to be at least 113 days but no more than 150 days from the notice date. Finally, the election notice must be published in a widely circulated local newspaper in the district's area as per specific guidelines stated in the Government Code.
Section § 9182
This law allows a county board of supervisors to create a district without holding an election if at least 80% of local registered voters agree. Once the board approves, they can appoint the district's board members.
Additionally, if a local agency approves merging or reorganizing areas into a district without an election, they can appoint directors from existing boards of the merged districts. The duration these directors serve is set by election rules.
Section § 9183
When a new district is proposed, and an election is called to form it, the county's board of supervisors must notify the local agency formation commission within five days. This notice, sent by registered mail, includes details about the proposed district. Meanwhile, the local agency formation commission's executive officer is required to prepare an impartial analysis of this proposal for the election officials.
Section § 9184
This California law section explains how arguments for or against forming a new district are to be submitted and handled during elections. Key parties like chief petitioners, board members, voters, and citizen groups can submit arguments up to 300 words to the county elections official before the deadline fixed by the official. If multiple arguments are submitted, the official will choose one based on a preference order: chief petitioners first, then the board, followed by individual voters or citizen groups.
After selecting the primary arguments, the elections official sends them to the authors of the opposing arguments, allowing them to submit rebuttals of up to 250 words. These rebuttals must be submitted within 10 days of the direct arguments and will appear on the ballot directly following the original arguments they counter.
Section § 9185
This law specifies the requirements for preparing and distributing ballot pamphlets when voters are deciding on forming a new district. Officials must mail these pamphlets to eligible voters at least 10 days before the election.
The pamphlet must include: the full text of the proposal, an unbiased analysis from the local agency's executive officer, arguments for and against the proposal, and rebuttals to both sides. This is all considered 'official matter' under California's election rules.
Section § 9186
This law specifies what must be included in the public notice for an election related to forming a new district. The notice must list the election date, the name of the proposed district, its intended purposes, and how the first directors will be chosen—either elected or appointed. Additionally, it must describe the boundaries of the proposed district.
Section § 9187
This law explains the process for forming a new district and electing its board members. It states that these elections must follow the rules of the Uniform District Election Law. If not enough people vote in favor of creating the district, the main county's board of supervisors must stop the formation process.
Section § 9188
If most people vote in favor of creating a district, the local government leaders must officially recognize the district by passing a resolution. This resolution will state the district's name, its purpose, and its boundaries.
If the district stretches across multiple counties, the main county's clerk must send a certified copy of this resolution to the clerks in the other counties involved.
Section § 9189
Once a resolution is adopted under a certain section, the clerk for the county's board of supervisors must quickly send a certified copy of this resolution and payment for any necessary fees to the local agency's executive officer. This officer then follows specific government procedures to finalize the process.
Section § 9190
This law states that minor mistakes or informalities in proceedings, such as elections, won't invalidate the creation of a district unless they harm someone's legal rights significantly. Furthermore, once a district is formed, its creation can't be legally challenged if more than 60 days have passed since the formation was finalized.