SECTIONS 61040-61048 - California Statutes

GOVERNMENT CODE

SECTION 61040-61048

61040. (a) A legislative body of five members known as the board of
directors shall govern each district. The board of directors shall
establish policies for the operation of the district. The board of
directors shall provide for the implementation of those policies
which is the responsibility of the district's general manager.
(b) No person shall be a candidate for the board of directors
unless he or she is a voter of the district or the proposed district.
No person shall be a candidate for the board of directors that is
elected by divisions or from divisions unless he or she is a voter of
that division or proposed division.
(c) All members of the board of directors shall exercise their
independent judgment on behalf of the interests of the entire
district, including the residents, property owners, and the public as
a whole in furthering the purposes and intent of this division.
Where the members of the board of directors have been elected by
divisions or from divisions, they shall represent the interests of
the entire district and not solely the interests of the residents and
property owners in their divisions.
(d) Service on a municipal advisory council established pursuant
to Section 31010 or service on an area planning commission
established pursuant to Section 65101 shall not be considered an
incompatible office with service as a member of a board of directors.
(e) A member of the board of directors shall not be the general
manager, the district treasurer, or any other compensated employee of
the district, except for volunteer firefighters as provided by
Section 53227.

61041. Notwithstanding subdivision (a) of Section 65040, this
section applies only to those districts that on December 31, 2005,
had boards of directors that consisted of three members. Those
districts shall continue to have boards of directors that consist of
three members until the next general district election after January
1, 2006, after which date those districts shall have boards of
directors that consist of five members. At that election, the voters
shall fill the two vacancies on the board of directors. Those two
members of the board of directors shall serve for the terms of office
determined pursuant to Section 10506 of the Elections Code.

61042. (a) The term of office of each member of a board of
directors is four years or until his or her successor qualifies and
takes office. Directors shall take office at noon on the first Friday
in December following their election.
(b) For districts formed before January 1, 2006, where the members
of the board of directors are not serving staggered terms, at the
first meeting after January 1, 2006, the members shall classify
themselves by lot into two classes. One class shall have three
members and the other class shall have two members. For the class
that has three members, the terms of the offices that begin after the
next general district election shall be four years. For the class
that has two members, the initial terms of the offices that begin
after the next general district election shall be two years.
Thereafter, the terms of all members shall be four years.
(c) Any vacancy in the office of a member elected to a board of
directors shall be filled pursuant to Section 1780.

61043. (a) Within 45 days after the effective date of the formation
of a district, the board of directors shall meet and elect its
officers. Thereafter, within 45 days after each general district or
unopposed election, the board of directors shall meet and elect the
officers of the board of directors. A board of directors may elect
the officers of the board of directors annually.
(b) The officers of a board of directors are a president and a
vice president. The president shall preside over meetings of the
board of directors and the vice president shall serve in the
president's absence or inability to serve.
(c) A board of directors may create additional offices and elect
members to those offices, provided that no member of a board of
directors shall hold more than one office.

61044. A board of directors shall hold a regular meeting at least
once every three months. Meetings of the board of directors are
subject to the Ralph M. Brown Act, Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5.

61045. (a) A majority of the total membership of the board of
directors shall constitute a quorum for the transaction of business.
(b) The board of directors shall act only by ordinance,
resolution, or motion.
(c) Except as otherwise specifically provided by law, a majority
vote of the total membership of the board of directors is required
for the board of directors to take action.
(d) The minutes of the board of directors shall record the aye and
no votes taken by the members of the board of directors for the
passage of all ordinances, resolutions, or motions.
(e) The board of directors shall keep a record of all its actions,
including financial transactions.
(f) The board of directors shall adopt rules or bylaws for its
proceedings.
(g) The board of directors shall adopt policies for the operation
of the district, including, but not limited to, administrative
policies, fiscal policies, personnel policies, and the purchasing
policies required by this division.

61046. (a) Ordinances may be passed by the voters by initiative
pursuant to Article 1 (commencing with Section 9300) of Chapter 4 of
Division 9 of the Elections Code.
(b) Legislative acts may be disapproved by the voters by
referendum pursuant to Article 2 (commencing with Section 9340) of
Chapter 4 of Division 9 of the Elections Code.
(c) Members of the board of directors may be recalled by the
voters pursuant to Chapter 1 (commencing with Section 11000) of
Division 11 of the Elections Code.

61047. (a) The board of directors 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 each day of
service. A member of the board of directors shall not receive
compensation for more than six days of service in a month.
(b) The board of directors, by ordinance adopted pursuant to
Chapter 2 (commencing with Section 20200) of Division 10 of the Water
Code, may increase the amount of compensation that may be received
by members of the board of directors.
(c) The board of directors may provide, by ordinance or
resolution, that its members may receive their actual and necessary
traveling and incidental expenses incurred while on official
business. Reimbursement for these expenses is subject to Sections
53232.2 and 53232.3.
(d) A member of the board of directors may waive any or all of the
payments permitted by this section.
(e) For the purposes of this section, a "day of service" means any
of the following:
(1) A meeting conducted pursuant to the Ralph M. Brown Act,
Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5.
(2) Representation of the district at a public event, provided
that the board of directors has previously approved the member's
representation at a board of directors' meeting and that the member
delivers a written report to the board of directors regarding the
member's representation at the next board of directors' meeting
following the public event.
(3) Representation of the district at a public meeting or a public
hearing conducted by another public agency, provided that the board
of directors has previously approved the member's representation at a
board of directors' meeting and that the member delivers a written
report to the board of directors regarding the member's
representation at the next board of directors' meeting following the
public meeting or public hearing.
(4) Representation of the district at a meeting of a public
benefit nonprofit corporation on whose board the district has
membership, provided that the board of directors has previously
approved the member's representation at a board of directors' meeting
and the member delivers a written report to the board of directors
regarding the member's representation at the next board of directors'
meeting following the corporation's meeting.
(5) Participation in a training program on a topic that is
directly related to the district, provided that the board of
directors has previously approved the member's participation at a
board of directors' meeting, and that the member delivers a written
report to the board of directors regarding the member's participation
at the next board of directors' meeting following the training
program.

61048. A board of directors may appoint one or more advisory
committees to advise the board of directors about the district's
finances, policies, programs, or operations.