SECTIONS 9301-9317 - California Statutes

PUBLIC RESOURCES CODE

SECTION 9301-9317

9301. (a) The board of directors shall consist of five, seven, or
nine directors. The number of directors may be changed by resolution
adopted by a majority of the members of the board of directors after
publication of notice of the intended change at least once in a
newspaper of general circulation published in each county in which
the district is located.
(b) If the number of directors is increased, the new positions
shall be treated as vacancies and shall be filled as provided in
Section 9317, except that if the board of directors is appointed as
provided in subdivision (b) of Section 9314, then the new positions
shall be filled in the same manner pursuant to Section 9316. If the
number of directors is decreased, the terms of the directors in
office on the date of the resolution adopted pursuant to subdivision
(a) shall not be reduced.
(c) The directors first elected shall take office immediately upon
qualifying.

9301.1. (a) Notwithstanding Section 9301, the local agency
formation commission, in approving either a consolidation of
districts or the reorganization of two or more districts into a
single resource conservation district may, pursuant to subdivisions
(k) and (n) of Section 56886 of the Government Code, increase the
number of directors to serve on the board of directors of the
consolidated or reorganized district to 7, 9, or 11, who shall be
members of the board of directors of the districts to be consolidated
or reorganized as of the effective date of the consolidation or
reorganization.
(b) Upon the expiration of the terms of the members of the board
of directors of the consolidated district, or a district reorganized
as described in subdivision (a), whose terms first expire following
the effective date of the consolidation or reorganization, the total
number of members on the board of directors shall be reduced until
the number equals the number of members permitted by the principal
act of the consolidated or reorganized district, or any larger number
as may be specified by the local agency formation commission in
approving the consolidation or reorganization.
(c) In addition to the powers granted under Section 1780 of the
Government Code, in the event of a vacancy on the board of directors
of the consolidated district or a district reorganized as described
in subdivision (a) at which time the total number of directors is
greater than five, the board of directors may, by majority vote of
the remaining members of the board, choose not to fill the vacancy.
In that event, the total membership of the board of directors shall
be reduced by one board member. Upon making the determination not to
fill a vacancy, the board of directors shall notify the board of
supervisors of its decision.
(d) For the purposes of this section: "consolidation" means
consolidation, as defined in Section 56030 of the Government Code;
"district" or "special district" means district or special district,
as defined in Section 56036 of the Government Code; and
"reorganization" means reorganization, as defined in Section 56073 of
the Government Code.

9302. Each director shall take the oath of office.

9303. The directors shall receive no compensation for their
services as such, but each shall be allowed reasonable and necessary
expenses incurred in attendance at meetings of the directors or when
otherwise engaged in the work of the district at the direction of the
board of directors. The directors shall fix the amount allowed for
necessary expenses, but no director shall be appointed to any
position for which he or she would receive compensation as a salaried
officer or employee of the district. Reimbursement for these
expenses is subject to Sections 53232.2 and 53232.3 of the Government
Code.

9304. No director or other officer of the district shall be
interested directly or indirectly in the sale of equipment,
materials, or services to the district.

9305. After all have qualified the directors first elected shall
meet and classify themselves by lot into two classes as nearly equal
in number as possible. The term of office of those in the class
having the least number shall expire at noon on the last Friday in
November of the next even-numbered year after the year in which the
meeting is held. The term of office of those in the other class shall
expire at noon on the last Friday in November of the second
even-numbered year after the year in which the meeting is held.

9306. After such classification the directors shall organize and
elect a president from their number who shall serve as such at the
pleasure of the directors.

9307. The directors shall appoint a secretary who shall serve at
the pleasure of, and whose compensation shall be fixed by, the
directors.

9308. The directors shall select a date, time, and place at which
regular monthly meetings of the directors shall be held. Upon the
completion of all the foregoing determinations by the directors, the
district shall be declared to be organized.

9309. The directors may, by resolution, change the time or place of
regular meeting but no such change shall be effective until after a
notice of the change is published pursuant to Section 6061 of the
Government Code in the principal county and in each other county in
which any portion of the district lies.

9310. Special meetings of the directors may be held as required
when ordered by a majority of the directors. The order shall be
entered in the records of the district and five days notice of the
meeting shall be given by mail by the secretary to each director not
joining in the order.

9311. The order for a special meeting shall specify the business to
be transacted. No other business shall be transacted at a special
meeting unless all of the directors are present, in which case
matters not specified may be considered by unanimous consent and
acted upon.

9312. A majority of the directors shall constitute a quorum but on
all questions requiring a vote there shall be a concurrence of at
least the number constituting a quorum, except that a number less
than a quorum may adjourn or adjourn to a stated time.

9313. (a) All meetings of the directors shall be open to the
public. All records of the district shall be open to public
inspection during business hours.
(b) A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
Government Code.

9314. (a) The term of office of the directors, except those first
elected, shall be four years. The expiration of the term of any
director does not constitute a vacancy, and the director shall hold
office until his or her successor has qualified.
(b) (1) As an alternative to the election of directors, the board
of directors may, by a resolution presented to the board of
supervisors of the principal county, request the board of supervisors
to appoint directors, except those first elected. In any election
year, the board of directors shall file its request with the board of
supervisors not later than 125 days prior to the election. A copy of
the resolution shall be furnished to the official responsible for
conducting the election at the time it is presented to the board of
supervisors of the principal county. The board of supervisors shall
appoint directors, after consultation with the board of supervisors
of any other county which contains any part of the district, from
those candidates who have filed an application with the board of
supervisors, as prescribed by the board of supervisors. If the
directors are to be appointed, a notice of election shall not be
published, but a notice of vacancy shall be posted pursuant to
Section 54974 of the Government Code.
(2) The resolution shall remain in effect until rescinded by the
board of directors, or until a petition requesting the rescission is
received by the elections official. The petition shall be signed by 5
percent of the registered voters in the district, and shall be
received not later than the 120th day before the election. Upon
verification by the elections official that the petition contains the
requisite number of signatures, the resolution shall be rescinded.
(3) The appointment of directors by the board of supervisors does
not affect the status of a district as an independent special
district.
(4) If the board of supervisors does not conduct interviews of
potential candidates or make an appointment within 60 days after the
expiration of the term, the board of directors may make the
appointment.
(c) It is the intent of the Legislature to encourage districts to
opt for the selection of directors by election, but where directors
are appointed pursuant to subdivision (b), it is the intent of the
Legislature that the board of supervisors solicit recommendations
from within the district, including public, private, and nonprofit
entities, and appoint only applicants who are determined by the board
of supervisors to have a demonstrated interest in soil and water
conservation. In selecting directors pursuant to subdivision (b), the
board of supervisors shall endeavor to achieve balanced
representation on the board of directors. To avoid undue financial
burdens to districts and to thereby promote the objectives of this
division, the Legislature hereby encourages counties to waive or
minimize the charges for costs of elections conducted pursuant to
this division.

9315. Resignations of directors shall be made in writing to the
board of supervisors of the principal county.

9316. In case of a vacancy in the office of director appointed
pursuant to Section 9314, the vacancy shall be filled, as provided in
Section 9314, by appointment for the unexpired term by the board of
supervisors of the principal county.

9317. Notwithstanding any other provision of law, a vacancy in the
office of a director who has been elected shall be filled pursuant to
Section 1780 of the Government Code.