2007 California Health and Safety Code Article 3. Governing Body

CA Codes (hsc:40320-40330)

40320.  A regional district board is the governing body of the
regional district and shall exercise all the powers of the regional
district.


40321.  A group consisting of one member of the board of supervisors
and one member of the city selection committee, appointed by their
respective bodies, from each county included, in whole or in part,
within the regional district shall enter into an agreement on the
composition of the regional district board.



40322.  The agreement entered into, pursuant to Section 40321, shall
provide one of the following alternatives:
   (a) The number of supervisors, and the number of members of the
city selection committee, appointed by their respective bodies, from
each county included, in whole or in part, within the regional
district to be members of the regional district board.
   (b) The weight of vote of each member of the regional district
board if each board of supervisors and city selection committee of
such counties are represented on the regional district board by the
same number of members thereof.
   (c) A combination of subdivisions (a) and (b).
   The agreement shall also provide a procedure for its modification
or termination.



40322.5.  (a) Notwithstanding any other provision of this chapter,
on and after July 1, 1994, the membership of the governing board of
each regional district, including any district formed on or after
that date, shall include (1) one or more members who are mayors, city
council members, or both, and (2) one or more members who are county
supervisors.
   (b) The number of those members and their composition shall be
determined jointly by the counties and cities within the district,
and shall be approved by a majority of the counties, and by a
majority of the cities which contain a majority of the population in
the incorporated area of the district.
   (c) The governing board shall reflect, to the extent feasible and
practicable, the geographic diversity of the district and the
variation of population between the cities in the district.
   (d) The members of the governing board who are mayors or city
council members shall be selected by a majority of the cities in the
district.  The members of the governing board who are county
supervisors shall be selected by a majority of the counties in the
district.
   (e) If a district fails to comply with subdivisions (a) and (b),
the membership of the governing board shall be determined as follows:

   (1) In districts in which the population in the incorporated areas
represents 35 percent or less of the total county population,
one-fourth of the members of the governing board shall be mayors or
city council members, and three-fourths shall be county supervisors.

   (2) In districts in which the population of the incorporated areas
represents between 36 and 50 percent of the total county population,
one-third of the members of the governing board shall be mayors or
city council members, and two-thirds shall be county supervisors.
   (3) In districts in which the population of the incorporated areas
represents more than 50 percent of the total county population,
one-half of the members of the governing board shall be mayors or
city council members, and one-half shall be county supervisors.
   (4) The number of those members shall be determined as provided in
subdivision (b) and the members shall be selected pursuant to
subdivision (d).
   (5) For purposes of paragraphs (1) to (3), inclusive, if any
number which is not a whole number results from the application of
the term "one-fourth," "one-third," "one-half," "two-thirds," or
"three-fourths," the number of county supervisors shall be increased
to the nearest integer, and the number of mayors or city council
members decreased to the nearest integer.
   (f) This section does not apply to a district if the membership of
the governing board of the district includes both county supervisors
and mayors or city council members on June 30, 1994.



40323.  Members of a newly created regional district board shall
serve terms which shall expire on the first day of June of the third
year following the year in which they are appointed.
   Thereafter, each member appointed by the board of supervisors
shall hold office for four years and until the appointment and
qualification of his successor, and each member appointed by the city
selection committee shall hold office for two years and until the
appointment and qualification of his successor.



40324.  Any vacancy on a regional district board shall be filled by
appointment in the same manner as the vacating member was appointed.

   Any member of a regional district board may be removed at any time
in the same manner as he was appointed.  If four-fifths of the
members of the board of supervisors of a county request the removal
of a member appointed by the city selection committee of such county,
the city selection committee of such county shall meet within 20
days to consider the removal of such member.



40325.  If any member of a regional district board is recalled from
his or her office as a supervisor, mayor, or city council member,
pursuant to Division 11 (commencing with Section 11000) of the
Elections Code, his or her office as member of the regional district
board shall be vacant.



40326.  No supervisor, mayor, or city councilman shall hold office
on a regional district board for a period of more than three months
after ceasing to hold the office of supervisor, mayor, or city
councilman, respectively, and his membership on the regional district
board shall thereafter be considered vacant, except that any mayor
who continues to hold office as a city councilman, or any city
councilman who continues to hold office as a mayor, shall not be
considered to have ceased to hold office under this section.



40327.  A majority of the members, or the members with a majority of
the voting weight, of a regional district board constitutes a quorum
for the transaction of business and may act for the regional
district board.


40328.  Each member of a regional district board shall receive the
actual and necessary expenses incurred by him in the performance of
his duties, plus a compensation of twenty-five dollars () for each
day attending the meetings of the regional district board, but such
compensation shall not exceed six hundred dollars (0) in any one
year.



40329.  A regional district board may appoint an executive secretary
to perform such duties as may be assigned to the executive secretary
by the regional district board.



40330.  A regional district board may, by ordinance, adopt a civil
service system for any or all employees of the regional district,
except that the executive secretary and the air pollution control
officer shall be exempt from such system and shall serve at the
pleasure of the regional district board.