AB 2455, as introduced, Williams. The Santa Rita Hills Community Services District.
The Community Services District Law specifies the procedures for district formation, procedures for the selection of district governing board members, the powers and duties of the board, and the procedures for changing those powers and duties. Existing law prohibits a person who is not a voter of the district or the proposed district from being a candidate for the board of directors.
This bill would provide that, until January 1, 2035, in addition to persons who are voters in the district, a person who is otherwise qualified to vote and who also owns property in the district may be a candidate for the board of directors of the Santa Rita Hills Community Services District.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Santa Rita Hills Community Services District.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 61040 of the Government Code is
2amended to read:
(a) A legislative body of five members known as the
4board of directors shall govern each district. The board of directors
5shall establish policies for the operation of the district. The board
6of directors shall provide for the implementation of those policies
7which is the responsibility of the district’s general manager.
8(b) begin deleteNo end deletebegin insertExcept as provided in Section 61040.1, no end insertperson shall
9be a candidate for the board of directors unless he or she is a voter
10of the district or the proposed district. No person shall be a
11candidate for the board
of directors that is elected by divisions or
12from divisions unless he or she is a voter of that division or
13proposed division.
14(c) All members of the board of directors shall exercise their
15independent judgment on behalf of the interests of the entire
16district, including the residents, property owners, and the public
17as a whole in furthering the purposes and intent of this division.
18Where the members of the board of directors have been elected
19by divisions or from divisions, they shall represent the interests of
20the entire district and not solely the interests of the residents and
21property owners in their divisions.
22(d) Service on a municipal advisory council established pursuant
23to Section 31010 or service on an area planning commission
24established pursuant to Section 65101 shall not be considered an
25incompatible office with service as a member of a board of
26directors.
27(e) A member of the board of directors shall not be the general
28manager, the district treasurer, or any other compensated employee
29of the district, except for volunteer firefighters as provided by
30Section 53227.
31(f) This section shall be repealed on January 1, 2035.
end insertSection 61040 is added to the Government Code, to
33read:
(a) A legislative body of five members known as the
35board of directors shall govern each district. The board of directors
36shall establish policies for the operation of the district. The board
37of directors shall provide for the implementation of those policies
38which is the responsibility of the district’s general manager.
P3 1(b) No person shall be a candidate for the board of directors
2unless he or she is a voter of the district or the proposed district.
3No person shall be a candidate for the board of directors that is
4elected by divisions or from divisions unless he or she is a voter
5of that division or proposed division.
6(c) All members of the board of directors shall exercise their
7
independent judgment on behalf of the interests of the entire
8district, including the residents, property owners, and the public
9as a whole in furthering the purposes and intent of this division.
10Where the members of the board of directors have been elected
11by divisions or from divisions, they shall represent the interests of
12the entire district and not solely the interests of the residents and
13property owners in their divisions.
14(d) Service on a municipal advisory council established pursuant
15to Section 31010 or service on an area planning commission
16established pursuant to Section 65101 shall not be considered an
17incompatible office with service as a member of a board of
18directors.
19(e) A member of the board of directors shall not be the general
20manager, the district treasurer, or any other compensated employee
21of the district, except for volunteer firefighters as provided by
22
Section 53227.
23(f) This section shall become operative on January 1, 2035.
Section 61040.1 is added to the Government Code, to
25read:
(a) No person shall be a candidate for the board of
27directors of the Santa Rita Hills Community Services District
28unless he or she is a voter of the district, or is an individual who
29is otherwise qualified to vote and who owns property in the district.
30Eligibility shall be determined using the last Santa Barbara County
31equalized assessment roll preceding the election.
32(b) This section shall be repealed on January 1, 2035.
The Legislature finds and declares that a special law
34is necessary and that a general law cannot be made applicable
35within the meaning of Section 16 of Article IV of the California
36Constitution because of the unique circumstances that exist in the
37Santa Rita Hills Community Services District.
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