13840-13857
HEALTH AND SAFETY CODE
SECTION 13840-13857
13840. Every district shall be governed by a legislative body known
as a board of directors.
13841. Except in the case where a county board of supervisors has
appointed itself as the district board, each member of a district
board and each member of a fire commission appointed pursuant to
Section 13844 shall be a resident of the district. In addition, if
the district board is elected, each member of the district board
shall be a registered voter of the district. In the case of a
district board which is elected by divisions, each director shall be
a registered voter of the division from which he or she is elected.
13842. Except in the case where a county board of supervisors or a
city council has appointed itself as the district board, a district
board may have three, five, seven, nine, or eleven members.
13843. (a) The term of office of each member of a district board is
four years or until his or her successor qualifies and takes office,
except as provided in subdivision (b).
(b) In the case of a district formed on or after January 1, 1988,
the directors shall serve terms as provided in the Uniform District
Election Law, Part 4 (commencing with Section 10500) of Division 10
of the Elections Code.
13844. If a county board of supervisors or a city council has
appointed itself as the district board, the board of supervisors or
city council may delegate any or all of its powers to a fire
commission composed of five or seven commissioners. In the case of a
district governed by a board of supervisors, the commissioners may be
councilmembers of cities which are located in the district. The
board of supervisors or city council shall determine whether the
commissioners shall serve at its pleasure or for staggered terms of
four years subject to removal for cause.
13845. (a) Except in the case where a county board of supervisors
or a city council has appointed itself as the district board, the
number of members of a district board may be increased or decreased
if a majority of the voters voting on the question are in favor of
the question at a general district or special election. The question
shall specify the resulting number of members of the district board.
(b) The district board may adopt a resolution placing the question
on the ballot. Alternatively, upon receipt of a petition signed by
at least 25 percent of the registered voters of the district, the
district board shall adopt a resolution placing the question on the
ballot.
(c) If the question is submitted to the voters at a general
district election, the notice required by Section 12112 of the
Elections Code shall contain a statement of the question to appear on
the ballot. If the question is submitted to the voters at a special
election, the notice of election and the ballot shall contain a
statement of the question.
(d) If the voters approve of increasing the number of directors,
the new members shall be elected or appointed pursuant to this
chapter. If the district board is elected, the additional members may
be elected at the same election.
(e) If the voters approve of decreasing the number of directors,
the members of the district board continue to serve until the end of
their current terms.
(f) The number of members of a district board may be changed by
the local agency formation commission as a term and condition of
approval by the commission of any change of organization or
reorganization. Unless the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000, Division 3 (commencing with Section
56000) of Title 5 of the Government Code, otherwise requires voter
approval, the change ordered by the commission does not require
approval by the voters of the district.
13846. (a) In the case of an elected district board, the directors
may be elected by divisions if a majority of the voters voting upon
the question are in favor of the question at a general district or
special election. Conversely, in the case of a district that has an
elected district board which is elected by election division, the
directors may be elected at large if a majority of the voters voting
upon the question are in favor of the question at a general district
or special election.
(b) As used in this section, "election by division" means the
election of each member of the district board by voters of only the
respective election division.
(c) The district board may adopt a resolution placing the question
on the ballot. Alternatively, upon receipt of a petition signed by
at least 25 percent of the registered voters of the district, the
district board shall adopt a resolution placing the question on the
ballot.
(d) If the question is submitted to the voters at a general
district election, the notice required by Section 12112 of the
Elections Code shall contain a statement of the question to appear on
the ballot. If the question is submitted to the voters at a special
election, the notice of election and ballot shall contain a statement
of the question.
(e) If the majority of voters voting upon the question approves
the election of directors by divisions, the district board shall
promptly adopt a resolution dividing the district into as many
divisions as there are directors. The resolution shall assign a
number to each division. Using the last decennial census as a basis,
the divisions shall be as nearly equal in population as possible. In
establishing the boundaries of the divisions the district board may
give consideration to the following factors: (1) topography, (2)
geography, (3) cohesiveness, contiguity, integrity, and compactness
of territory, and (4) community of interests of the divisions.
(f) If the majority of voters voting upon the question approves
the election of directors by division, the board members shall be
elected by election divisions and each member elected shall be a
resident of the election division from which he or she is elected. At
the district general election following the approval by the voters
of the election of directors by divisions, the district board shall
assign vacancies on the board created by the expiration of terms to
the respective election divisions and the vacancies shall be filled
from those election divisions.
(g) If the majority of voters voting upon the question approves
the election of directors at large, the district board shall promptly
adopt a resolution dissolving the election divisions which had
existed.
13847. In the case of a district board elected by election
divisions, the district board shall adjust the boundaries of the
election divisions before November 1 of the year following the year
in which each decennial federal census is taken. If at any time
between each decennial federal census a change of organization alters
the population of the district or the district increases or
decreases the number of members of the district board, the district
board shall reexamine the boundaries of its election divisions. If
the district board finds that the population of any election division
has varied so that the divisions no longer meet the criteria
specified in subdivision (d) of Section 13846, the district board
shall adjust the boundaries of the election divisions so that the
divisions shall be as nearly equal in population as possible. The
district board shall make this change within 60 days of the effective
date of the change of organization or an increase or decrease in the
number of members of the district board.
13848. (a) If a majority of the voters voting upon the question at
a general district or special election are in favor, a district that
has an appointed district board shall have an elected district board
or a district that has an elected district board shall have an
appointed district board.
(b) The district board may adopt a resolution placing the question
on the ballot. Alternatively, upon receipt of a petition signed by
at least 25 percent of the registered voters of the district, the
district board shall adopt a resolution placing the question on the
ballot.
(c) If the question is submitted to the voters at a general
district election, the notice required by Section 12112 of the
Elections Code shall contain a statement of the question to appear on
the ballot. If the question is submitted to the voters at a special
election, the notice of election and ballot shall contain a statement
of the question.
(d) If a majority of voters voting upon the question approves of
changing from an appointed district board to an elected district
board, the members of the district board shall be elected at the next
general district election. If a majority of voters voting upon the
question approves of changing from an elected district board to an
appointed district board, members shall be appointed to the district
board as vacancies occur.
13849. (a) Before circulating any petition pursuant to Section
13845, 13846, or 13848 the chief petitioners shall publish a notice
of intention which shall include a written statement not to exceed
500 words in length, setting forth the reasons for the proposal. The
notice shall be published pursuant to Section 6061 of the Government
Code in one or more newspapers of general circulation within the
district. If the district is located in more than one county,
publication of the notice shall be made in at least one newspaper of
general circulation in each of the counties.
(b) The notice shall be signed by at least one, but not more than
three, chief petitioners and shall be in substantially the following
form:
"Notice of Intent to Circulate Petition
Notice is hereby given of the intention to circulate a petition
affecting the Board of Directors of the ______ (name of the
district). The petition proposes that ______ (description of the
proposal)."
(c) Within five days after the date of publication, the chief
petitioners shall file with the secretary of the district board a
copy of the notice together with an affidavit made by a
representative of the newspaper in which the notice was published
certifying to the fact of publication.
(d) After the filing required pursuant to subdivision (c), the
petition may be circulated for signatures.
13850. (a) Sections 100 and 104 of the Elections Code shall govern
the signing of the petition and the format of the petition.
(b) A petition may consist of a single instrument or separate
counterparts. The chief petitioner or petitioners shall file the
petition, together with all counterparts, with the secretary of the
district board. The secretary shall not accept a petition for filing
unless the signatures have been secured within six months of the date
on which the first signature was obtained and the chief petitioner
or petitioners submitted the petition to the secretary for filing
within 60 days after the last signature was obtained.
13851. (a) Within 30 days after the date of filing a petition, the
secretary of the district board shall cause the petition to be
examined and shall prepare a certificate of sufficiency indicating
whether the petition is signed by the requisite number of signers.
(b) The secretary shall cause the names of the signers on the
petition to be compared with the voters' register in the office of
the county clerk or registrar of voters and ascertain (i) the number
of registered voters in the district, and (ii) the number of
qualified signers appearing upon the petition.
(c) If the certificate of the secretary shows the petition to be
insufficient, the secretary shall immediately give notice by
certified mail of the insufficiency to the chief petitioners. That
mailed notice shall state in what amount the petition is
insufficient. Within 15 days after the date of the notice of
insufficiency, the chief petitioners may file with the secretary a
supplemental petition bearing additional signatures.
(d) Within 10 days after the date of filing a supplemental
petition, the secretary shall examine the supplemental petition and
certify in writing the results of his or her examination.
(e) The secretary shall sign and date a certificate of
sufficiency. That certificate shall also state the minimum signature
requirements for a sufficient petition and show the results of the
secretary's examination. The secretary shall mail a copy of the
certificate of sufficiency to the chief petitioners.
(f) Once the chief petitioners have filed a sufficient petition,
the district board shall take the actions required pursuant to
Section 13845, 13846, or 13848.
13852. (a) Any vacancy in the office of a member appointed to the
district board shall be filled pursuant to Section 1779 of the
Government Code.
(b) Any vacancy in the office of a member elected to the district
board shall be filled pursuant to Section 1780 of the Government
Code.
13853. (a) Within 60 days after their initial election or
appointment and after each general district election or unopposed
election, the district board shall meet and elect its officers. The
officers of a district board are a president, a vice president, and a
secretary or clerk.
(b) The secretary or clerk may be a member of the district board.
He or she may receive compensation set by the district board which
shall be in lieu of any other compensation to which he or she may be
entitled as a member of the district board. The district board may
employ a clerk to perform the duties of the secretary.
(c) A district board may create additional officers and elect
members to those positions, provided that no member of a district
board shall hold more than one office.
13854. (a) Except as provided in subdivision (b), the county
treasurer of the principal county shall act as the district treasurer
and shall receive no compensation for the receipt and disbursement
of money of the district.
(b) The district board may adopt a resolution appointing a
district treasurer other than the county treasurer and defining the
duties and compensation of the office. The district treasurer, or any
other person authorized by the district board, shall draw checks or
warrants to pay any demands which have been audited and approved in
the manner prescribed by the district board.
(c) If the district board adopts the resolution provided by
subdivision (b), the district treasurer and any other person
designated by the district board shall give bonds to the district
conditioned for the faithful performance of their duties. The amount
of each bond shall be at least one hundred thousand dollars
($100,000) or 10 percent of the total amount of the district's final
budget for the preceding fiscal year, whichever is greater. The
district board shall pay the premiums on the bonds.
13855. A district board shall meet at least once every three
months. Meetings of the board 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).
13856. (a) A majority of the district board shall constitute a
quorum for the transaction of business.
(b) The district board shall act only by ordinance, resolution, or
motion. Except as specifically provided to the contrary in this
part, a recorded vote by a majority of the total membership of the
district board is required on each action.
13857. (a) Subject to subdivision (b), each member of the district
board may receive compensation in an amount set by the district board
not to exceed one hundred dollars ($100) for attending each meeting
of the district board. The number of meetings for which a member of
the board of directors may receive compensation shall not exceed four
meetings in any calendar month.
(b) The district board, by ordinance adopted pursuant to Chapter 2
(commencing with Section 20200) of Division 10 of the Water Code,
may increase the compensation received by the district board members
above the amount prescribed by subdivision (a).
(c) 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.