SECTIONS 8550-8578 - California Statutes

WATER CODE

SECTION 8550-8578

8550. (a) The board is continued in existence and shall continue to
exercise and have all of its powers, duties, purposes,
responsibilities, and jurisdiction.
(b) Notwithstanding any other provision of law, the board shall
act independently of the department. The department shall not
overturn any action or decision by the board.
(c) It is the intent of the Legislature to transfer the duties and
corresponding funding allocated to the Reclamation Board as it
exists on December 31, 2007, together with all necessary positions,
to the board as it is reconstituted on and after January 1, 2008.

8551. (a) Except as provided in subdivision (g), the board consists
of nine members who shall be appointed in accordance with this
section.
(b) (1) Seven members of the board shall be appointed by the
Governor, subject to Senate confirmation.
(2) Of the members appointed pursuant to paragraph (1), the
following requirements apply:
(A) One person shall be an engineer.
(B) One person shall have training, experience, and expertise in
geology or hydrology.
(C) One person shall be a flood control expert with not less than
five years' experience.
(D) One person shall be an attorney with water experience.
(E) Three persons shall be public members.
(c) One member of the board shall be the Chair of the Senate
Committee on Natural Resources and Water, to the extent that service
with the board does not conflict with his or her legislative duties.
(d) One member of the board shall be the Chair of the Assembly
Committee on Water, Parks and Wildlife, to the extent that service
with the board does not conflict with his or her legislative duties.
(e) The members appointed pursuant to subdivisions (c) and (d)
shall be nonvoting ex officio members.
(f) (1) Except as provided in paragraph (2), the board members
appointed pursuant to subdivision (b) shall serve four-year terms.
(2) The board members initially appointed pursuant to this section
shall determine, by lot, that five members shall serve four-year
terms and four members shall serve two-year terms.
(g) Each board member holding office on December 31, 2007, shall
continue to serve until his or her successor is appointed and has
been qualified to hold office. The order of replacement shall be
determined by lot.

8552. Each member of the board appointed pursuant to subdivision
(b) of Section 8551 shall receive compensation as follows:
(a) Each member shall receive the necessary expenses incurred by
the member in the performance of official duties.
(b) Any member traveling outside the state pursuant to
authorization of the board, and the approval of the Governor and
Director of Finance as provided by Section 11032 of the Government
Code, while so engaged shall receive per diem and his or her
necessary expenses.
(c) Each member shall receive the salary provided for in Section
11564 of the Government Code.

8554. The Governor shall select one of the members of the board as
president.

8555. The board may elect one of its members other than the
president as vice president.

8556. The vice president shall have the powers and perform the
duties of the president under the following circumstances:
(a) During the president's absence or inability to act.
(b) At the request of the president.
(c) When authorized by the board.

8557. The board shall have its office in the County of Sacramento.
The office is the principal place of business and legal residence of
the board and of the drainage district.

8558. The regular meetings of the board shall be held at times
fixed by the board.

8559. A majority of the voting members of the board constitutes a
quorum.

8560. No action of the board shall be effective unless a quorum is
present and the action is concurred in by a majority of all of the
voting members of the board.

8561. Special meetings of the board may be called at any time by
the president or by a majority of the members upon notice given by
mail or telegraph to each member at his place of residence or
business, and there received at least 12 hours before the hour fixed
for the meeting.

8563. The board shall keep full and correct minutes of all
proceedings and transactions of all meetings of the board.

8564. The minutes shall be open for public inspection during office
hours.

8565. The board shall have a seal of such device as the board may
adopt.

8566. The seal of the board is also the seal of the drainage
district.

8567. A copy of any record of the board, certified by its secretary
or assistant secretary to be a true copy, and attested by the seal
of the board, is prima facie evidence of the existence and contents
of the record.

8568. For making a copy of any of its records the board may charge
and collect the actual reasonable cost of making the copy, including
the time of its employees and materials used, and one dollar ($1) for
the certificate if a certified copy is requested.

8569. The board may require a deposit in advance sufficient to
cover the charges for copying and certifying copies of its records.

8570. All money collected for copying and certifying copies of the
board's records shall be paid monthly to the State Treasurer and
credited to the balance remaining unexpended of any appropriation or
assessment available for the general administrative expenses of the
board.

8571. The board may adopt, amend or repeal rules to promote the
convenient, orderly and just conduct of the business of the board and
of the drainage district.

8572. The rules may be suspended or compliance therewith may be
waived by the board at any meeting to such extent as may be deemed
proper.

8575. A member of the board shall comply with the conflict of
interest requirements of Section 87100 of the Government Code when
voting to carry out any part of a plan of flood control and when
carrying out the objects of this part.

8576. No member of the board shall be held personally liable on any
obligation or liability of any kind or character arising out of the
claim that he has failed to carry out any obligation imposed upon the
board by this division and the Legislature expressly declares that
discretion is vested in the board and the members thereof to
determine how and when the various provisions of this division and
the projects contemplated in this division with which the board is
concerned may best be carried into effect.

8577. (a) A board member shall not participate in any board action
or attempt to influence any decision or recommendation by any
employee of, or consultant to, the board that involves himself or
herself or that involves any entity with which the member is
connected as a director, officer, consultant, or full- or part-time
employee, or in which the member has a direct personal financial
interest within the meaning of Section 87100 of the Government Code.
(b) A board member shall not participate in any proceeding before
any agency as a consultant or in any other capacity on behalf of any
person that actively participates in matters before the board.
(c) For a period of 12 months after leaving office, a former board
member shall not act as agent or attorney for, or otherwise
represent, any other person before the board by making any formal or
informal appearance or by making any oral or written communication to
the board.
(d) A board member shall not advocate to the United States Army
Corps of Engineers or other federal agency on behalf of any project
that has been or is reasonably anticipated to be submitted to the
board for review, unless the board authorizes that action in
accordance with Section 8560.

8578. (a) For the purposes of this section, "ex parte communication"
means any oral or written communication outside of a noticed board
meeting concerning matters, other than purely procedural matters,
regarding any of the following:
(1) An application that has been submitted to the board and has
been determined to be complete by the executive officer.
(2) An enforcement action.
(3) Any other quasi-judicial matter requiring board action, after
the matter has been placed on the board's agenda and notice of the
meeting has been provided pursuant to Section 11125 of the Government
Code.
(b) (1) A board member appointed pursuant to subdivision (b) of
Section 8551 shall not participate in an ex parte communication with
any person or organization with an interest in board decisions, nor
any person representing a person or organization with an interest in
board decisions, excluding a staff member of the board acting in his
or her official capacity, who intends to influence the decision of a
board member on a matter before the board.
(2) If an ex parte communication occurs, the board member shall
notify the interested party that a full disclosure of the ex parte
communication shall be entered in the board's record.
(3) Communications cease to be ex parte communications when the
board member or the person who engaged in the communication with the
board member fully discloses the communication and requests in
writing that it be placed in the board's official record of the
proceeding.
(c) Notwithstanding Section 11425.10 of the Government Code, the
ex parte communications provisions of the Administrative Procedure
Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of
Part 1 of Division 3 of Title 2 of the Government Code) do not apply
to proceedings of the board to which this section applies.