9020-9031

HEALTH AND SAFETY CODE
SECTION 9020-9031




9020.  A legislative body of at least three members known as the
board of trustees shall govern every district. The board of trustees
shall establish policies for the operation of the district. The board
of trustees shall provide for the faithful implementation of those
policies which is the responsibility of the employees of the
district.



9021.  Within 30 days after the effective date of the formation of a
district, a board of trustees shall be appointed as follows:
   (a) In the case of a district that contains territory in a single
county, the board of supervisors shall appoint three or five persons
to the board of trustees.
   (b) In the case of a district that contains territory in more than
one county, the board of supervisors of the principal county shall
appoint three or five persons from any county in which the district
is located to the board of trustees.



9022.  (a) Each person appointed by a board of supervisors to be a
member of a board of trustees shall be a voter in the district.
   (b) All trustees shall exercise their independent judgment on
behalf of the interests of the residents, property owners, and the
public as a whole in furthering the purposes and intent of this part.
The trustees shall represent the interests of the public as a whole
and not solely the interests of the board of supervisors that
appointed them.


9023.  (a) The initial board of trustees of a district formed on or
after January 1, 2004, shall be determined pursuant to this section.
   (b) The persons appointed to the initial board of trustees shall
meet on the first Monday after 45 days after the effective date of
the formation of the district.
   (c) At the first meeting of the initial board of trustees, the
trustees shall classify themselves by lot into two classes, as nearly
equal as possible. The term of office of the class having the
greater number shall expire at noon on the first Monday in January
that is closest to the fourth year from the appointments made
pursuant to Section 9021. The term of office of the class having the
lesser number shall expire at noon on the first Monday in January
that is closest to the second year from the appointments made
pursuant to Section 9021.



9024.  (a) Except as provided in subdivision (b) of this section,
subdivision (c) of Section 9023, and subdivision (d) of Section 9026,
the term of office for a member of the board of trustees shall be
for a term of four years and until the appointment and qualification
of the successor. Terms of office commence at noon on the first
Monday in January.
   (b) For districts formed before January 1, 2004, where the members
of the board of trustees are not serving staggered terms, the board
of supervisors shall stagger the terms of the trustees and to
accomplish this purpose shall appoint trustees, on or after January
1, 2004, for terms of less than four years. However, a board of
supervisors shall not reduce the term of office of a trustee once the
trustee has been appointed to that term, whether the appointment was
made before, on, or after January 1, 2004.
   (c) Any vacancy in the office of a member appointed to a board of
trustees shall be filled promptly pursuant to Section 1779 of the
Government Code. Any person appointed to fill a vacant office shall
fill the balance of the unexpired term.


9025.  (a) A board of trustees may adopt a resolution requesting the
board of supervisors of the principal county to increase or decrease
the number of members of the board of trustees. The resolution shall
specify the number of members for which the board of trustees
requests the increase or decrease.
   (b) Within 60 days of receiving a resolution adopted pursuant to
subdivision (a), the board of supervisors shall consider the
resolution at a public hearing. The board of supervisors shall give
notice of its hearing by publishing a notice pursuant to Section 6061
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 board of supervisors shall mail
the notice at least 10 days before the hearing to the district and
any other person who has filed written request for notice with the
clerk of the board of supervisors.
   (c) At its hearing, the board of supervisors shall receive and
consider any written or oral comments regarding the resolution. After
receiving and considering those comments, the board of supervisors
may adopt a resolution that orders the increase or decrease in the
number of members of the board of trustees.
   (d) If the board of supervisors adopts a resolution that orders an
increase in the number of members of the board of trustees, the
board of supervisors shall promptly appoint a person or persons to
the board of trustees and specify their term of office, consistent
with the requirements of this part. If the board of supervisors
adopts a resolution that orders a decrease in the number of members
of the board of trustees, the board of supervisors shall designate
the trustee or trustees whose office shall be eliminated at the
termination of the trustee's current term of office. Any trustee
whose office is designated to be eliminated shall continue to serve
until his or her term expires.



9026.  (a) The board of supervisors of the principal county may
appoint itself to be the board of trustees of a district and the
board of supervisors may divest itself of that authority, pursuant to
this section.
   (b) In the case of a district that has a board of trustees
appointed by the board of supervisors, the board of supervisors may
adopt a resolution declaring its intention to appoint itself to be
the board of trustees of the district. In the case of a district
where the board of supervisors has appointed itself to be the board
of trustees, the board of supervisors may adopt a resolution
declaring its intention to divest itself of that authority.
   (c) Within 60 days of adopting a resolution adopted pursuant to
subdivision (b), the board of supervisors shall hold a public hearing
on the question whether the board of supervisors should govern the
district. The board of supervisors shall give notice of its hearing
by publishing a notice pursuant to Section 6061 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 board of supervisors shall mail the notice at least 10
days before the hearing to the district and any other person who has
filed written request for notice with the clerk of the board of
supervisors.
   (d) At its hearing, the board of supervisors shall receive and
consider any written or oral comments regarding a resolution adopted
pursuant to subdivision (b). At the conclusion of the hearing, the
board of supervisors shall make a finding regarding the value of
written protests filed and not withdrawn and take one of the
following actions:
   (1) In the case of a district that has a board of trustees
appointed by the board of supervisors:
   (A) If the written protests filed and not withdrawn are less than
10 percent of the registered voters of the district, the board of
supervisors may by a majority vote adopt a resolution terminating the
appointed board of trustees and appointing itself as the board of
trustees of the district. In that case, the terms of any trustees
appointed by the board of supervisors shall terminate immediately.
   (B) If the written protests filed and not withdrawn are 10 percent
or more of the registered voters of the district, the board of
supervisors may determine that the proposed change in governance is
necessary to protect the public health, safety, and welfare. If the
board of supervisors makes that determination, the board of
supervisors may override those protests and by a four-fifths vote
adopt a resolution terminating the appointed board of trustees and
appointing itself as the board of trustees of the district. In that
case, the terms of any trustees appointed by the board of supervisors
shall terminate immediately.
   (C) If the written protests filed and not withdrawn are 10 percent
or more of the registered voters of the district and if the board of
supervisors does not adopt a resolution pursuant to paragraph (B),
the board of supervisors shall adopt a resolution that terminates the
proceedings to change the governance of the district.
   (2) In the case of a district where the board of supervisors has
appointed itself to be the board of trustees:
   (A) If the written protests filed and not withdrawn are less than
10 percent of the registered voters of the district, the board of
supervisors may by a majority vote adopt a resolution divesting
itself of that authority. In that case, the board of supervisors
shall promptly appoint persons as members of the board of trustees
pursuant to this part.
   (B) If the written protests filed and not withdrawn are 10 percent
or more of the registered voters of the district, the board of
supervisors may determine that the proposed change in governance is
necessary to protect the public health, safety, and welfare. If the
board of supervisors makes that determination, the board of
supervisors may override those protests and by a four-fifths vote
adopt a resolution divesting itself of that authority. In that case,
the board of supervisors shall promptly appoint persons as members of
the board of trustees pursuant to this part.
   (C) If the written protests filed and not withdrawn are 10 percent
or more of the registered voters of the district and if the board of
supervisors does not adopt a resolution pursuant to paragraph (B),
the board of supervisors shall adopt a resolution that terminates the
proceedings to change the governance of the district.



9027.  (a) A local agency formation commission, in approving either
a consolidation of districts or the reorganization of two or more
districts into a single district, may, pursuant to subdivisions (k)
and (n) of Section 56886 of the Government Code, change the number of
members on the board of trustees of the consolidated or reorganized
district, provided that the resulting number of trustees shall be an
odd number but not less than five.
   (b) Upon the expiration of the terms of the members of the board
of trustees 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 trustees
shall be reduced until the number equals the number of members
determined by the local agency formation commission.
   (c) Notwithstanding subdivision (c) of Section 9024, in the event
of a vacancy on the board of trustees of the consolidated or
reorganized district at a time when the number of members of the
board of trustees is greater than the number determined by the local
agency formation commission, the vacancy shall not be filled and the
membership of the board of trustees shall be reduced by one member.



9028.  (a) At the first meeting of the initial board of trustees of
a newly formed district, and in the case of an existing district not
later than the first meeting of every calendar year, the board of
trustees shall elect its officers.
   (b) The officers of a board of trustees are a chairperson, vice
chairperson, and a secretary. The chairperson and vice chairperson
shall be trustees. The secretary may be either a trustee or a
district employee. A board of trustees may create additional officers
and elect members to those positions. No trustee shall hold more
than one office.
   (c) Except as provided in Section 9077, the county treasurer of
the principal county shall act as the district treasurer. The county
treasurer shall receive no compensation for the receipt and
disbursement of money of the district.



9029.  A board of trustees shall meet at least once every three
months. Meetings of the board of trustees are subject to the
provisions of the Ralph M. Brown Act, Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government
Code.



9030.  (a) A majority of the board of trustees shall constitute a
quorum for the transaction of business.
   (b) Except as otherwise specifically provided to the contrary in
this part, a recorded vote of a majority of the total membership of
the board of trustees is required on each action.
   (c) The board of trustees shall act only by ordinance, resolution,
or motion.
   (d) The board of trustees shall keep a record of all of its acts,
including financial transactions.
   (e) The board of trustees shall adopt rules for its proceedings.



9031.  (a) The board of trustees may provide, by ordinance or
resolution, that each of its members may receive compensation in an
amount not to exceed one hundred dollars ($100) for attending each
meeting of the board. A member of the board of trustees shall not
receive compensation for more than four meetings of the board in a
month.
   (b) The board of trustees, by ordinance adopted pursuant to
Chapter 2 (commencing with Section 20200) of Division 10 of the Water
Code, may increase the amount of compensation received for attending
meetings of the board.
   (c) In addition, members of the board of trustees may receive
their actual and necessary traveling and incidental expenses incurred
while on official business other than a meeting of the board.
   (d) A member of the board of trustees may waive any or all of the
payments permitted by this section.
   (e) For the purposes of this section, a meeting of the board of
trustees includes, but is not limited to, regular meetings, special
meetings, closed sessions, emergency meetings, board field trips,
district public hearings, or meetings of a committee of the board.
   (f) For purposes of this section, the determination of whether a
trustee'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.
   (g) Reimbursement for these expenses is subject to Sections
53232.2 and 53232.3 of the Government Code.