SECTIONS 5785-5785.5 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5785-5785.5

5785. (a) In the case of a district with an elected board of
directors, the directors may be elected:
(1) At large.
(2) By divisions.
(3) From divisions.
(b) As used in this article:
(1) "By divisions" means the election of each member of the board
of directors by voters of the division alone.
(2) "From divisions" means the election of members of the board of
directors who are residents of the division from which they are
elected by the voters of the entire district.
(c) A board of directors may be elected by any one of the methods
described in subdivision (a) if a majority of the voters voting upon
the question are in favor of the question at a general district or
special election.
(d) The board of directors 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 board of directors shall adopt a resolution placing the
question on the ballot.
(e) 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.
(f) If the majority of voters voting upon the question approves
the election of directors either by divisions or from divisions, the
board of directors shall promptly adopt a resolution dividing the
district into five divisions. 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.
(4) Community of interests of the divisions.
(g) If the majority of voters voting upon the question approves of
the election of directors either by divisions or from divisions, the
members of the board of directors shall be elected by divisions or
from divisions. Each member elected by division or from division
shall be a resident of the election division by which or from which
he or she is elected. At the district general election following the
approval by the voters of the election of directors either by
divisions or from divisions, the board of directors shall assign
vacancies on the board of directors created by the expiration of
terms to the respective divisions and the vacancies shall be filled
either by or from those divisions.
(h) If the majority of voters voting on the question approves of
the election of directors at large, the board of directors shall
promptly adopt a resolution dissolving the divisions that had
existed.

5785.1. (a) In the case of a board of directors elected by
divisions or from divisions, the board of directors shall adjust the
boundaries of the divisions before November 1 of the year following
the year in which each decennial census is taken. If, at any time
between each decennial census, a change of organization or
reorganization alters the population of the district, the board of
directors shall reexamine the boundaries of its divisions. If the
board of directors finds that the population of any division has
varied so that the divisions no longer meet the criteria specified in
subdivision (f) of Section 5785, the board of directors shall adjust
the boundaries of the divisions so that the divisions shall be as
nearly equal in population as possible. The board of directors shall
make this change within 60 days of the effective date of the change
of organization or reorganization.
(b) In the case of a board of directors that has been appointed by
more than one county board of supervisors or city council, the board
of directors shall adjust the proportionate distribution of the
appointments before November 1 of the year following the year in
which each decennial census is taken. If at any time between each
decennial census, a change of organization or reorganization alters
the population of the district, the board of directors shall
reexamine the proportionate distribution of appointments. If the
board of directors finds that the population of the district has
varied so that the distribution of appointments is no longer
proportionate, the board of directors shall adjust the proportionate
distribution of appointments accordingly. The board of directors
shall make this change within 60 days of the effective date of the
change of organization or reorganization. The county board of
supervisors or city council shall appoint members to the board of
directors as vacancies occur.

5785.3. (a) If a majority of the voters voting on the question at a
general district or special district election are in favor, a
district that has an appointed board of directors shall have an
elected board of directors, or a district that has an elected board
of directors shall have an appointed board of directors.
(b) The board of directors 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 board of directors 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 board of directors to an elected board of
directors, the members of the board of directors shall be elected at
the next general district election. If a majority of voters voting
upon the question approves of changing from an elected board of
directors to an appointed board of directors, members shall be
appointed to the board of directors as vacancies occur.

5785.5. (a) Before circulating any petition pursuant to Section
5785 or Section 5785.3, the proponents shall publish a notice of
intention that 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 county.
(b) The notice shall be signed by at least one, but not more than
three, proponents 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 proponents
shall file with the secretary of the board of directors 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.
(e) Sections 100 and 104 of the Elections Code shall govern the
signing of the petition and the format of the petition.
(f) A petition may consist of a single instrument or separate
counterparts. The proponents shall file the petition, together with
all counterparts, with the secretary of the board of directors. 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 proponents submitted the
petition to the secretary for filing within 60 days after the last
signature was obtained.
(g) Within 30 days after the date of filing a petition, the
secretary of the board of directors shall cause the petition to be
examined by the county elections official, in accordance with
Sections 9113 to 9115, inclusive, of the Elections Code, and shall
prepare a certificate of sufficiency indicating whether the petition
is signed by the requisite number of signers.
(h) 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 proponents. That mailed
notice shall state in what amount the petition is insufficient.
Within 15 days after the date of the notice of insufficiency, the
proponents may file with the secretary a supplemental petition
bearing additional signatures.
(i) Within 10 days after the date of filing a supplemental
petition, the secretary shall examine the supplemental petition and
certify the results in writing of his or her examination.
(j) 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 proponents.
(k) Once the proponents have filed a sufficient petition, the
board of directors shall take the actions required pursuant to
Section 5785 or 5785.3.