Section § 74200

Explanation

This statute explains that a district's board of directors can have three, five, or seven members, depending on how many divisions there are in the district. Each member of the board must be an eligible voter (elector) in their specific division, eligible to vote in the district, and must live in the county or one of the counties where the district is located.

The board of directors shall consist of three, five, or seven members, depending on the number of divisions in the district. Each director shall be an elector of the division for which he is elected, a qualified elector of the district, and a resident of the county, or of one of the counties, in which the district is situated.

Section § 74200.5

Explanation

This law outlines how the local agency formation commission can manage the board of directors when multiple water districts are merged into a single district. They can initially increase the board size to either 7, 9, or 11 members, choosing from existing directors. But over time, as terms expire, the board is reduced to a smaller size of 5, 7, or 9 members as decided initially. If a spot on the board becomes vacant when the board has more than five members, the remaining members can vote to leave it unfilled, thereby reducing the board’s size.

(a)CA Water Code § 74200.5(a) Notwithstanding any other provision of this part, the local agency formation commission, in approving either a consolidation of districts or the reorganization of two or more districts into a single water conservation district may, pursuant to subdivisions (k) and (n) of Section 56886 of the Government Code, increase the number of directors to serve on the board of directors of the consolidated or reorganized district to 7, 9, or 11, who shall be members of the board of directors of the districts to be consolidated or reorganized as of the effective date of the consolidation or reorganization.
(b)CA Water Code § 74200.5(b) Unless the local agency formation commission provides for an alternative schedule for reducing the size of the board of directors of the consolidated or reorganized district, upon the expiration of the terms of the members of the board of directors 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 directors shall be reduced until the number equals 5, 7, or 9, as may be determined by the local agency formation commission in approving the consolidation or reorganization.
(c)CA Water Code § 74200.5(c) In addition to the powers granted under Section 1780 of the Government Code, in the event of a vacancy on the board of directors of the consolidated or reorganized district at which time the total number of directors is greater than five, the board of directors may, by majority vote of the remaining members of the board, choose not to fill the vacancy. In that event, the total membership of the board of directors shall be reduced by one board member. Upon making the determination not to fill a vacancy, the board of directors shall notify the board of supervisors of its decision.

Section § 74201

Explanation

Once elected, directors start their roles right away after meeting the qualification requirements outlined in this chapter. They will serve until new directors are both elected and qualified to take over.

The directors elected at the formation election shall immediately enter upon their duties as such upon qualifying in the manner provided in this chapter. Such directors shall hold office respectively until their successors are elected and qualified.

Section § 74202

Explanation

This law states that the elected directors of any district have their terms of office determined by Section 10505 of the Elections Code.

The directors of any district who are elected shall hold office pursuant to Section 10505 of the Elections Code.

Section § 74203

Explanation

Once the initial election happens, each director who is elected afterwards will serve for four years. They will stay in their position until a new director is elected and ready to take over.

Each director elected subsequent to the formation election shall hold office for a term of four years and until his successor is elected and qualified.

Section § 74204

Explanation

If there's an empty spot on the board due to reasons like death or someone stepping down, it must be filled according to the rules outlined in Section 1780 of the Government Code.

Vacancies occurring in the board, by reason of death, resignation, or otherwise, shall be filled pursuant to Section 1780 of the Government Code.

Section § 74205

Explanation
When someone is chosen to be a director, they must officially take an oath and provide a bond, as detailed in a related section, to qualify for their role.
Upon his election or appointment, each person who shall be elected or appointed to the office of director shall qualify as such by taking and subscribing to an official oath and executing and filing a bond as provided in Section 74206.

Section § 74206

Explanation

Each director must secure an official bond worth $1,000 and submit it along with their official oath to the secretary.

Each director shall execute an official bond in the sum of one thousand dollars ($1,000). The director shall file that official bond, together with his or her official oath, with the secretary.

Section § 74207

Explanation

This law states that any official bonds, which are financial guarantees ensuring a person fulfills their duties, must use the same format as the bonds required for county officers.

All official bonds shall be in the form prescribed by law for the official bonds of county officers.

Section § 74208

Explanation

This law states that a director can earn up to $100 per day for attending board meetings or performing other board-requested duties, with a limit of six days per month. Additionally, directors can be reimbursed for any necessary expenses incurred while performing their duties. Whether a director's activities are eligible for compensation is determined by certain sections of the Government Code, specifically starting at Section 53232. The reimbursement process must follow specific guidelines outlined in two other sections of the Government Code, Section 53232.2 and Section 53232.3.

Each director shall receive compensation in an amount not to exceed one hundred dollars ($100) per day for each day’s attendance at meetings of the board or for each day’s service rendered as a director by request of the board, not exceeding a total of six days in any calendar month, together with any expenses incurred in the performance of his or her duties required or authorized by the board. For purposes of this section, the determination of whether a director’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. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code.

Section § 74209

Explanation

If a district has a board with seven directors, they can choose to reduce the number of directors to five. This change can't be made 180 days before a director's election. To do this, two-thirds of the board must vote in favor of a resolution outlining the new five-division boundaries.

The district's secretary will organize a public hearing between 30 to 60 days after the resolution is made. Notice of the hearing must be published in a local newspaper and mailed to anyone who requested it. During the hearing, the board considers all feedback and then votes either to stop the proposal or to decrease the number of directors.

If they decide to reduce the number, it becomes a legal measure subject to public vote. The change won't affect current directors' terms, even if their division boundaries change. Once the office is vacant, the new director must live and vote in the new division.

This rule doesn't apply to districts in Ventura County, which has different regulations.

(a)CA Water Code § 74209(a) A district with a board consisting of seven directors may reduce the number of directors to five pursuant to this section. A reduction in the number of directors shall not be made within 180 days preceding the election of a director.
(b)CA Water Code § 74209(b) In order to reduce the number of directors pursuant to this section, the board shall adopt, by a recorded vote of two-thirds of the total membership of the board, a resolution proposing to reduce the number of directors from seven to five. The resolution shall contain a map and description of the boundaries for the five divisions proposed to be established.
(c)CA Water Code § 74209(c) The secretary of the district shall set a date for a public hearing on the proposal to reduce the number of directors, which shall be not less than 30 days and not more than 60 days after the date on which the board adopted the resolution described in subdivision (b). The secretary shall give notice of the hearing, which shall include a description of the proposal and shall contain a map and general description of the proposed boundaries of the five divisions. The secretary shall give notice of the hearing by publishing a notice pursuant to Section 6063 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 secretary shall mail the notice to a person who has filed a written request for notice with the secretary at least 10 days before the hearing.
(d)CA Water Code § 74209(d) At the hearing, the board shall receive and consider any written or oral comments regarding the proposed reduction in the number of directors. After receiving and considering those comments, the board, by a recorded vote of two-thirds of the total membership of the board, shall do either of the following:
(1)CA Water Code § 74209(d)(1) Disapprove the proposal.
(2)CA Water Code § 74209(d)(2) Adopt a resolution that orders the reduction in the number of members of the board.
(e)CA Water Code § 74209(e) The adoption of a resolution that orders a reduction in the number of members of the board pursuant to this section is a legislative act that is subject to referendum pursuant to Article 2 (commencing with Section 9340) of Chapter 4 of Division 9 of the Elections Code.
(f)CA Water Code § 74209(f) A reduction in the number of directors and a change in division boundaries pursuant to this section shall not affect the term of office of any director. A director of a division for which boundaries have been changed shall continue to be the director of the division bearing the number of his or her division until the office becomes vacant by means of term expiration or otherwise, whether or not the director is a resident within the boundaries of the division as changed. The successor to the office of a director of a division for which boundaries have been changed shall be a resident and voter of that division.
(g)CA Water Code § 74209(g) This section does not apply to districts within the County of Ventura, which are subject to the provisions of Chapter 4 (commencing with Section 74450) of Part 4.