SECTIONS 15951-15976 - California Statutes

PUBLIC UTILITIES CODE

SECTION 15951-15976

15951. At an election held in the district on the next established
election date not less than 74 days after its formation a board of
directors shall be elected, to consist of as many members as there
are territorial units in the district and as many additional members,
not less than three nor more than four, as are required to
constitute a board composed of an odd number of directors. Where the
district lies entirely in one county the number of directors shall be
three, elected at large.

15952. A director at large shall be a resident and qualified
elector of the district.

15953. All unincorporated territories situated in the same county
and included within the district shall be regarded as an entirety and
as a territorial unit of the district. Each unit having a population
of at least 5,000 is entitled to one director.

15954. Candidates for the office of director to be elected by a
unit shall be nominated from each such territorial unit, and the
remaining number of directors shall be nominated from the district at
large.

15955. Each directorship is a separate office for the purpose of
nomination and election, and for the filling of vacancies.

15956. (a) Candidates for directors at large shall be designated in
all declarations of candidacy, nominating certificates, and on all
official election ballots as candidates for a particular directorship
at large, in accordance with the declarations of candidacy which the
candidates have filed with the county elections official or the
clerk of the district, as the case may be. Each office of director at
large shall be designated as "director at large" number one, number
two, number three, or number four, there being as many numbers as
there are directors at large to be elected.
(b) Notwithstanding subdivision (a) or any other provision of this
article, the board of directors of a district may adopt an ordinance
that requires that candidates for directors at large need not
designate a numbered office. The ordinance shall instead require that
the candidates receiving the greatest number of votes districtwide
as there are directors to be elected shall be elected to the board of
directors.

15957. Candidates for director from the several territorial units
entitled to one director each shall be designated in all declarations
of candidacy, nominating certificates, and on all official election
ballots as candidates for director from ____ unit, giving the name or
other designation of the unit entitled to the office of director in
accordance with the declarations of candidacy which the candidates
have filed with the proper clerk.

15958. If only one unit of unincorporated territory is contained in
the district, it may be designated as "the unincorporated
territorial unit."

15959. If two or more units of unincorporated territory are
contained in the district, they shall be numbered, named, and
designated by the board of supervisors in charge of the election of
the first board of directors, and subsequently from time to time by
the board of directors of the district, as unincorporated territorial
unit number one, number two, number three, and so forth, there being
as many numbers as there are units in the district.

15960. The board of supervisors shall number, name, and designate
each territorial unit of the district by ordinance at a regular or
special meeting after the formation of the district, and in time to
permit publication and taking effect of the ordinance before the
earliest time when nominating certificates and declarations of
candidacy for the board of directors may be filed. The ordinance
shall remain in force until the board of directors of the district,
by ordinance, shall number, name, and designate the territorial
units.

15961. Designations of directors by name or number have no
significance whatever after election and qualification of the
directors or after appointment and qualification of a director
appointed to fill a vacancy, but merely fix the designation and
status of each such office as a separate office for the purpose of
nomination and election thereto, or for filling a vacancy. Sections
15953 to 15960, inclusive, apply to the election of the first board
of directors of the district, as well as to all elections of
directors held by the district.

15961.5. (a) Notwithstanding any other provision of the division,
the candidates for director of any district that is wholly or
partially within the County of Placer may be elected at large, by
wards, or from wards upon adoption of a resolution or ordinance to
that effect by the board of directors of the district, subject to
approval of the board of supervisors, or as a part of a change of
organization or a reorganization conducted pursuant to the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000,
Division 3 (commencing with Section 56000) of Title 5 of the
Government Code.
(b) A resolution or ordinance that divides a district into wards
adopted pursuant to subdivision (a) shall describe the boundaries of
the wards so that the wards shall be as nearly equal in population as
may be.
(c) As used in this section:
(1) "By wards" means the election of members of the board of
directors by voters of the ward alone.
(2) "From wards" means the election of members of the board of
directors who are residents of the ward from which they are elected
by the voters of the entire district.

15962. The population of each unit of unincorporated territory
within the district shall be determined at the time of calling the
election of the first board of directors by the board of supervisors
calling the election and shall be stated in the ordinance calling the
election and in the notice of the election. The determination shall
continue in force until set aside by the board of directors of the
district.

15963. The board of directors shall determine the boundaries of
each unit of unincorporated territory within the district pursuant to
Chapter 8 (commencing with Section 22000) of Division 21 of the
Elections Code.

15965. The election of directors shall be held in the
unincorporated territory included within the district and shall be
called by the board of supervisors of the county in which the
district, or the greater part of its population, is situated, and
shall be called, held, and conducted, the returns canvassed, and the
result declared by the board of supervisors in the manner and form
provided by law for special elections within the county.

15966. (a) Not less than 30 days prior to the election, any five or
more electors in the district may file with the board of directors a
petition requesting that the names of certain persons specified in
the petition be placed upon the ballot as candidates for the office
of director at large.
(b) Not less than 30 days prior to the election, any five or more
electors of a territorial unit may file with the board of directors a
petition requesting that the name of a designated person specified
in the petition be placed upon the ballot as candidate for the office
of director from the territorial unit.

15967. A certificate of election shall be issued by the board of
supervisors to each person elected and declared elected.

15968. Immediately after receiving his or her certificate of
election and before assuming the duties of office, each director
shall take and subscribe an official oath and file it in the office
of the board.

15969. All official oaths shall be in the form provided by law for
official oaths of county officers.

15970. If a person elected fails to qualify, the office shall be
filled as if there were a vacancy in the office.

15971. Elections of directors after election of the first board
shall be called and held by the board of directors, and shall be
called, held, and conducted, nominations for the office of director
made, the returns canvassed, and the result declared by the board as
provided in Article 6 of this chapter.

15972. The board of directors of a district which lies entirely
within one county may submit to the qualified electors, at a general
election or a special election called for that purpose, a proposition
to increase the number of directors from three to five. By
initiative ordinance the electors of such a district may adopt
legislation providing for the increase of the number of directors
from three to five. The initiative proceedings shall be conducted in
all respects as prescribed by general law for the initiative by
electors of counties. If a majority of the electors voting at the
election vote in favor of the proposition, the district shall have
five directors elected at large.

15973. Within 30 days after an increase in the number of directors
has been authorized, the board of directors shall appoint two
qualified electors of the district to serve as members of the board
until the next biennial election, at which there shall be elected two
directors in addition to the number previously authorized. After the
directors elected at the biennial election have qualified, they
shall meet and classify themselves so that one shall hold office for
two years and the other for four years. Thereafter, there shall be
elected at each biennial district election a number of directors,
corresponding to the number whose terms expire, who shall hold office
for four years.

15973.1. (a) Notwithstanding Sections 15951, 15972, and 15973, the
local agency formation commission, in approving either a
consolidation of districts or the reorganization of two or more
districts into a single public utility 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 the following terms have the
following meanings:
(1) "Consolidation" means consolidation, as defined in Section
56030 of the Government Code.
(2) "District" or "special district" means district or special
district, as defined in Section 56036 of the Government Code.
(3) "Reorganization" means reorganization, as defined in Section
56073 of the Government Code.

15974. Notwithstanding Section 15952 or any other provision of this
division, each member of the board of directors of the Johnsville
Public Utility District in Plumas County, whether elected or
appointed, shall be either a voter of the district or an owner of
land within the district.

15975. (a) Notwithstanding any other provision of this division,
candidates for director of the Georgetown Divide Public Utility
District may be elected by wards upon adoption of a resolution or
ordinance to this effect by the board of directors of the district
dividing the district into wards and fixing the boundaries thereof,
subject to approval of the board of supervisors. The boundaries shall
be fixed such that the wards shall be as nearly equal in population
as may be, and the board of supervisors shall approve the boundaries
fixed by the board of directors if it so finds.
(b) Nomination papers may be circulated only within the ward from
which the candidate is to be elected.
(c) The wards shall be reapportioned subject to the approval of
the board of supervisors after each federal decennial census.

15976. Notwithstanding any provision of law, the Board of Directors
of the Kirkwood Meadows Public Utility District shall consist of
five members, elected at large. Each member of the board, including a
member appointed to fill a vacancy, shall be a resident and
qualified elector of the district.
If the Kirkwood Meadows Public Utility District is not
incorporated on or before March 1, 1986, this section is repealed on
that date.