BILL NUMBER: SB 235INTRODUCED BILL TEXT INTRODUCED BY Senator Negrete McLeod FEBRUARY 9, 2011 An act to add Division 4 (commencing with Section 61500) to Title 6 of the Government Code, relating to districts. LEGISLATIVE COUNSEL'S DIGEST SB 235, as introduced, Negrete McLeod. Water and flood districts: reorganization of district governing board. Existing law provides for the formation of various special districts to perform flood control, conservation, and water supply functions. With respect to certain districts, existing law prescribes the number of members on the governing board of the district and provides for the election of those members by the voters of the district. This bill would authorize the governing board of a district, as defined, to reorganize the district to reduce the total membership of the governing board by a resolution adopted by a majority vote of the board. The bill would prescribe procedures for the reorganization of the governing board of the district, including procedures for the reapportionment of division boundaries within the district in those districts that elect directors based on their residence within a division of the district, and procedures for the appointment of members of the governing board to the remaining seats on a recognized board. The bill would require a district that reorganizes its governing board pursuant to these provisions to notify specified local agencies. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Division 4 (commencing with Section 61500) is added to Title 6 of the Government Code, to read: DIVISION 4. Reorganization of District Governing Board CHAPTER 1. GENERAL PROVISIONS 61500. The following definitions shall govern the construction of this division: (a) "Affected city" means any city that contains, or its sphere of influence contains, all or any part of a district proposing to reorganize pursuant to this division. (b) "Affected county" means each county that contains all or any part of a district proposing to reorganize pursuant to this division. (c) "Board of directors" means the legislative body or governing board of a district. (d) "By divisions" means the election of a director by only the voters within the division of the district that the director represents. (e) "Director" means a member of the legislative body or governing board of a district. (f) (1) "District" means any of the following agencies, formed pursuant to general law or special act, for which the board of directors is elected by the voters of the district: (A) A flood control district. (B) A flood control and flood water conservation district. (C) A flood control and water conservation district. (D) A conservation district. (E) A water conservation district. (F) A water replenishment district. (G) A water agency. (H) A California water storage district. (I) A county water authority or a water authority. (J) A county water district. (K) A municipal water district. (L) A California water district. (2) "District" does not include any of the following: (A) Any district listed in paragraph (1), all or part of the board of directors of which is composed of local public officers serving as ex officio directors, or individuals appointed by a local public agency or a local public officer. (B) A metropolitan water district. (g) "From divisions" means the election of a director who is a resident of the division that he or she represents but who is elected by the voters of the entire district. (h) "Principal act" means the general law or special act under which the district is formed. (i) "Reorganize" and "reorganization" means the process of reducing the total membership of the board of directors, and includes, in the case of directors elected by division, the reapportionment of division boundaries within the district for that purpose. 61502. Notwithstanding any other law, including the principal act of the district, a district may use the applicable procedures set forth in this division to reorganize the district's board of directors. CHAPTER 2. REORGANIZATION OF BOARD OF DIRECTORS 61510. (a) Notwithstanding any other law, the board of directors of a district that is not divided into divisions but instead provides for the election of each of the directors by the voters of the entire district, may reduce the total membership of the board of directors to a number of members that is less than the number established pursuant to the principal act. A reorganization pursuant to this section shall comply with the following procedures in the following order: (1) The board of directors, by a majority vote of its membership, shall adopt a resolution reducing the number of directors to serve on the board of directors to three, five, seven, or any greater odd number that is less than the existing number of directors. (2) As soon as practicable after the effective date of the resolution adopted pursuant to paragraph (1), the directors shall classify themselves by lot to determine which of the existing directors shall comprise the remaining membership of the board. The board of directors, by resolution, shall determine the unexpired term of office of each of the remaining directors in such a manner as to keep as nearly equal as practicable the number of directors to be elected at each subsequent district election, but that unexpired term shall not be greater than the term of office prescribed pursuant to the principal act. (3) The existing board of directors, by resolution, shall appoint the remaining members to the remainder of their respective unexpired terms, as determined pursuant to paragraph (2). The term of office of a director who is not selected by lot to remain on the board shall expire upon the appointment of the remaining members of the board. (b) The election of successors to the directors appointed pursuant to paragraph (2) of subdivision (a) shall be performed pursuant to the principal act, except that the total membership of the board of directors shall remain as reorganized pursuant to subdivision (a). (c) Upon adoption of a resolution pursuant to paragraph (1) of subdivision (a), the district shall notify the city council of every affected city, and the board of supervisors and county elections official of every affected county, of the resolution. Upon the appointment of the remaining membership of the board of directors pursuant to paragraph (3) of subdivision (a), the board of directors shall notify the city council of every affected city, and the board of supervisors and county elections official of every affected county, of the new membership of the board. 61520. (a) Notwithstanding any other law, the board of directors of a district that is divided into divisions and that provides for the election of directors either by divisions or from divisions, may reduce the total membership of the district board of directors to a number of members that is less than the number established pursuant to the principal act. A reorganization pursuant to this section shall comply with the following procedures in the following order: (1) The board of directors, by a majority vote of the members of the board, shall adopt a resolution reducing the number of divisions within the district to three, five, seven, or any greater odd number that is less than the existing number of divisions. Notwithstanding any other law, the resolution shall divide the district into the new number of divisions and reapportion those divisions in the same proportion as required pursuant the principal act or the measure establishing the divisions, whichever is applicable. (2) As soon as practicable after the effective date of the resolution adopted pursuant to paragraph (1), the existing directors residing within each new district established pursuant to paragraph (1) shall classify themselves by lot to determine which of the directors residing within each new district shall comprise the remaining membership of the board. If there is any new district in which no incumbent director resides, any directors representing a district that, prior to reapportionment pursuant to paragraph (1), included any area within the new district, shall classify themselves by lot to determine the representative of that district. The board of directors, by resolution, shall determine the unexpired term of office of each of the remaining directors in such a manner as to keep as nearly equal as practicable the number of directors to be elected at each subsequent district election, but that unexpired term shall not be greater than the term of office prescribed pursuant to the principal act. (3) The existing board of directors, by resolution, shall appoint the remaining members of the board of directors to serve the remainder of their respective unexpired terms of office, as determined pursuant to paragraph (2). The term of office of a director who is not selected by lot to remain on the board shall expire upon the appointment of the remaining members of the board. (b) The election of successors to the directors appointed pursuant to paragraph (3) of subdivision (a) shall be conducted pursuant to the principal act, except that the total membership of the board of directors and the divisions of the district shall remain as reorganized pursuant to subdivision (a). (c) Upon adoption of a resolution pursuant to paragraph (1) of subdivision (a), the district shall notify the city council of every affected city, and the board of supervisors and county elections official of every affected county, of the resolution. Upon the appointment of the remaining members of the board of directors pursuant to paragraph (3) of subdivision (a), the board of directors shall notify the city council of every affected city, and the board of supervisors and county elections official of every affected county, of the new membership of the board. 61530. Notwithstanding any other law, for a district that is reorganized pursuant to this division, a quorum for the transaction of the business of the reorganized district shall be equal to a number of directors that is in as nearly the same proportion as possible to the quorum set forth in the principal act. 61535. A resolution adopted pursuant to this division is subject to referendum in accordance with the methods provided by the Elections Code.