A district shall adopt for the government and control of its affairs a code of by-laws consistent with the Constitution and laws of the State and the provisions of this division.
Powers and PurposesBy-laws
Section § 35300
This law requires that a district create a set of rules, known as by-laws, to manage its operations. These rules must align with the state's Constitution and laws, as well as the specific regulations outlined in this division.
district governance by-laws rules creation
Section § 35301
Within 60 days of being elected, the board of directors must create by-laws. These by-laws need to be approved in writing by the board of supervisors from the main county.
Within 60 days after they have qualified for office, the board of directors elected at the formation election shall prepare the by-laws for the written approval of the board of supervisors of the principal county.
board of directors formation election by-laws preparation
Section § 35302
When a district in California creates by-laws, they need approval from the board of supervisors of the main county. If they're approved, the district's board of directors must formally adopt them by putting a resolution in their records, unless the by-laws are already accepted and filed by the majority landowners in writing. For proof of land ownership, records from the United States Land Office, the State Lands Commission, and county recorders' offices are used and are considered definitive.
When the by-laws of a district are approved by the board of supervisors of the principal county, the board of directors shall adopt them by resolution entered in its minutes, unless prior to adoption by resolution by-laws are adopted and filed with the secretary by the written assent of the holders of title to a majoritiy in area of the land. The records of the United States Land Office for the district in which the land is situated, the records of the State Lands Commission, and the records in the office of the county recorder of each affected county are conclusive evidence of ownership for the purposes of this section.
district by-laws board of supervisors approval board of directors resolution
Section § 35303
This law section outlines the rules that must be included in the bylaws of a water-related organization or district. It requires the bylaws to specify how members can vote, either in person or through a proxy.
Additionally, it mandates the inclusion of the qualifications and responsibilities of officers, how long they can serve, and how they are selected, unless these details are covered by the Uniform District Election Law.
Lastly, it states that the bylaws should provide for officers' compensation.
The bylaws shall provide for:
(a)CA Water Code § 35303(a) The manner of voting in person or by proxy.
(b)CA Water Code § 35303(b) The qualifications and duties of officers, the tenure of their office, and the time and manner of their appointment or election, insofar as not provided for in the Uniform District Election Law.
(c)CA Water Code § 35303(c) The compensation of officers.
voting procedures proxy voting officer qualifications
Section § 35304
This law section specifies that the by-laws of a district should include certain provisions. They must outline where the district office is located, how the location can be changed, and the process for amending or repealing the by-laws. Additionally, they should specify penalties for breaking the by-laws, with fines not exceeding $200 for each offense.
The by-laws shall also provide for:
(a)CA Water Code § 35304(a) The location of the district office.
(b)CA Water Code § 35304(b) The method of changing the location of the office.
(c)CA Water Code § 35304(c) The method of amending or repealing the by-laws.
(d)CA Water Code § 35304(d) Suitable penalties for the violation of the by-laws not to exceed in any one case two hundred dollars ($200) for any one offense.
district office location by-laws amendment by-laws repeal
Section § 35305
This section explains how the rules governing an organization, known as by-laws, can be changed. Two-thirds of all votes in the district need to agree, either in writing or through a district election vote, to repeal, amend, or adopt new by-laws. Alternatively, amendments can be made if four-fifths of the directors agree and get approval from the board of supervisors in the main county of the district.
The by-laws may be repealed or amended or new by-laws adopted by the assent of two-thirds of the total vote of the district, given either in writing or by ballot cast at a district election.
The by-laws may also be amended by a four-fifths vote of the directors and approval of the board of supervisors of the principal county of the district.
by-laws amendment district election two-thirds vote
Section § 35306
When new bylaws or changes to existing ones are made for an organization, they must be approved by the board of supervisors and certified by a majority of the directors and the secretary.
This certification, along with any changes or the way they were approved, needs to be recorded with the county recorder in every county affected. If the bylaws or changes aren't recorded, they can't be enforced on people who don't know about them.
The bylaws in their original form, together with the approval of the board of supervisors and the resolution of the directors adopting them, or together with the written assent thereto, and any repeal or amendment of, or addition to, the bylaws, together with the written assent thereto or a memorandum of the returns of the election at which the assent was given, shall be certified by a majority of the directors and the secretary and recorded with the county recorder of each affected county. Until so recorded, no bylaw, addition thereto, or amendment or repeal thereof can be enforced against any person not having actual notice thereof.
bylaws approval board of supervisors directors certification
Section § 35307
This law allows a school district to destroy certain records by following specific procedures outlined in another part of the Government Code.
A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
record destruction school district Government Code procedures
