4000-4014

EDUCATION CODE
SECTION 4000-4014




4000.  There is in each county, except a county which is also a city
and county, a county committee on school district organization. The
number of members of the county committee in each county shall be
determined as provided in this article.



4001.  If all of the territory of a county under the jurisdiction of
the county superintendent of schools of the county is included in
one unified school district, the governing board of the unified
school district shall constitute the county committee.




4002.  Except as provided in Section 4001, if there are fewer than
six school districts or community college districts in the territory
under the jurisdiction of the county superintendent of schools of the
county, he or she shall determine the number of, and appoint, the
members of the county committee.


4003.  In every county with six or more school districts or
community college districts in the territory under the jurisdiction
of the county superintendent of schools of the county, the county
committee on school district organization shall have 11 members.




4004.  (a) If the number of school districts or community college
districts in a county with six or more districts decreases to fewer
than six, Section 4001 or 4002 shall apply, as appropriate.
   (b) If the number of school districts or community college
districts in a county with fewer than six districts increases to six
or more, Section 4003 shall apply.
   (c) Each member serving on a county committee when the number of
school districts or community college districts changes as described
in subdivision (a) or (b) shall serve out his or her term of office.




4005.  (a) The county superintendent of schools shall call an annual
meeting of the representatives of the governing board of each school
district, elected pursuant to Section 35023, and the representatives
of the governing board of each community college district, elected
pursuant to Section 72403. This annual meeting shall be held between
October 1 and December 1.
   (b) The county superintendent of schools shall give notice of the
annual meeting to the representatives of each governing board by
prepaid mail addressed to the clerk or secretary of the governing
board of each district. The notice shall be deemed sufficient and
complete when deposited in the United States mail.



4006.  (a)  Any vacancy created by the expiration of the term of
office of a member of the county committee on school district
organization shall be filled by the majority vote of the
representatives of the governing boards at the annual meeting called
and held pursuant to subdivision (a) of Section 4005. The county
committee may authorize the representatives of the governing boards
to vote, for this purpose, through the use of absentee ballots that
are submitted, in the form and manner prescribed by the county
committee, prior to the date set for the annual meeting.
   (b) If the representatives fail to elect members to fill the
vacancies on the county committee pursuant to subdivision (a), the
vacancies shall be filled by the county superintendent of schools.
   (c) Vacancies on the county committee which occur prior to the
expiration of the term of office of a member of the county committee,
which are caused by the happening of any of the events specified in
Section 1770 of the Government Code, shall be filled as follows:
   (1) In a county in which the members of the county committee are
appointed by the county superintendent of schools, by the appointment
of the county superintendent of schools.
   (2) In a county in which the members of the county committee are
elected by the representatives of the governing boards, by the
majority vote of the remaining members of the committee. However, if
the remaining members of the committee do not fill the vacancy within
70 days of its occurrence, the county superintendent of schools
shall fill the vacancy by his or her appointment.
   Persons elected or appointed to fill a vacancy pursuant to this
subdivision shall hold office for the remainder of the unexpired
term.
   (d) It is the intent of the Legislature that the allowance for
absentee ballots will increase participation in the selection of
county committees and will not diminish the public review of
candidates for those county committees.



4007.  No county superintendent of schools, employee of the office
of a county superintendent of schools, employee of a school district,
or employee of a community college district shall be a member of the
county committee. Any member of the governing board of a school
district or community college district in the same or any other
county who is otherwise eligible may simultaneously serve as a member
of the county committee.



4008.  (a) At least two members of every county committee shall be
elected from among the registered voters residing within each county
supervisorial district in the county.
   (b) If any change in the boundaries of a county supervisorial
district in the county affects an incumbent member of the county
committee, the affected member shall serve the remainder of his or
her term of office and succeeding county committees shall be elected
in accordance with subdivision (a).


4009.  The term of each member of the county committee shall begin
upon election pursuant to Section 4006 or upon appointment pursuant
to Section 4002, as appropriate, and shall be for four years.



4010.  The members of the county committee shall serve without
compensation. However, they shall receive reimbursement for any
actual and necessary travel expenses incurred in the performance of
their duties.


4011.  (a) The county counsel, or if there is no county counsel, the
district attorney, may provide legal services to the county
committee.
   (b) In any county in which the board of supervisors has
transferred functions and duties to the county board of education
pursuant to Section 1080 and the county board of education has agreed
to include the expenses of the county committee in the single budget
adopted pursuant to Section 1623 for which a county tax is levied,
the county committee may appoint legal counsel in the same manner
that the county superintendent of schools of that county may appoint
counsel. The expenses of an appointment pursuant to this subdivision
shall be a proper charge against the county school service fund.




4012.  Within 30 days after the election or appointment of the
county committee, the county superintendent of schools shall call the
first meeting of the county committee, for purposes of electing a
committee chairperson and a committee vice chairperson from among the
members of the committee. The county superintendent of schools shall
serve as the secretary of the county committee.



4013.  Meetings of the county committee may be called by the
chairperson, or by a quorum of the committee.



4014.  For purposes of this article, a majority of the members of
county committee shall constitute a quorum.