Article 5 - Boards of Directors and Officers

California Public Resources Code — §§ 5784-5784.15

Sections (5)

Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

(a)A legislative body known as the board of directors shall govern every district. The board of directors shall establish policies for the operation of the district. The board of directors shall provide for the faithful implementation of those policies which is the responsibility of the employees of the district.

(b)Except as provided in this article, the board of directors consists of five members.

(c)No person shall be a candidate for or be appointed to the board of directors unless he or she is a voter of the district or the proposed district.

(d)Service on a municipal advisory council established pursuant to Section 31010 of the Government Code shall not be considered an incompatible office with service as an elected member of a board of directors.

§ 5784.1

Amended by Stats. 2003, Ch. 863, Sec. 1. Effective January 1, 2004.

Notwithstanding any other provision of law, if on December 31, 2001, a member of the board of directors was elected or appointed as a voter of this state and is an owner of real property within the district, pursuant to the former Section 5783.3, that person may continue to serve on that board of directors for the remainder of the term for which he or she was elected or appointed, and that person may be elected or appointed to that board of directors in the future after that term ends, provided that the person continues to be a voter of this state and an owner of real property within the district.

§ 5784.11

Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

A board of directors shall meet at least once every three months. Meetings of the board of directors are subject to the provisions of the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code.

§ 5784.13

Repealed and added by Stats. 2001, Ch. 15, Sec. 4. Effective January 1, 2002.

(a)A majority of the board of directors shall constitute a quorum for the transaction of business.

(b)The board of directors shall act only by ordinance, resolution, or motion.

(c)Except as otherwise specifically provided to the contrary in this chapter, a recorded majority vote of the total membership of the board of directors is required on each action.

(d)The board of directors shall keep a record of all its acts, including financial transactions.

(e)The board of directors shall adopt rules for its proceedings.

§ 5784.15

Amended by Stats. 2018, Ch. 170, Sec. 5. (AB 2329) Effective January 1, 2019.

(a)The board of directors may provide, by ordinance or resolution, that each of its members may receive compensation in an amount not to exceed one hundred dollars ($100) for attending each meeting of the board. The board of directors, by ordinance adopted pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code, may increase the amount of compensation received for attending meetings of the board.

(b)Board members shall not receive compensation for more than six meetings of the board in a calendar month. The board of directors shall, commencing

January 1, 2019, if the district compensates its members for more than five meetings in a calendar month, annually adopt a written policy, based on a finding supported by substantial evidence, why more than five meetings per month are necessary for the effective operation of the district.

(c)In addition, members of the board of directors may receive their actual and necessary traveling and incidental expenses incurred while on official business.

(d)A member of the board of directors may waive the compensation.

(e)For the purposes of this section, a meeting of the board of directors includes, but is not limited to, regular meetings, special meetings, closed sessions, emergency meetings, board field trips, district

public hearings, or meetings of a committee of the board.

(f)For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.

(g)Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code.