2011 California Code
Water Code
DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461]
ARTICLE 1. Board of Directors
Section 81336.5
(a) No incompatibility of office shall result from an elected official serving on the board of the agency and on the governing board of a member public entity. A board member may vote on contracts or other matters involving the member public entity he or she represents.
(b) The agency may enter into a contract with California Water Service Company only if both of the following requirements are met:
(1) The director appointed by the Board of Supervisors of San Mateo County does not participate in a vote on the contract.
(2) The contract is approved by the affirmative vote of a majority of all members of the board other than the director appointed by the Board of Supervisors of San Mateo County.
(c) The agency may enter into a contract with Stanford University only if both of the following requirements are met:
(1) The director appointed by the Board of Supervisors of Santa Clara County does not participate in a vote on the contract.
(2) The contract is approved by the affirmative vote of a majority of all members of the board other than the director appointed by the Board of Supervisors of Santa Clara County.
(d) A contract approved pursuant to the requirements of this division does not constitute a violation of Section 1090 or 1097 of the Government Code, nor is it void or voidable pursuant to Section 1092 of the Government Code.
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
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