State Codes and Statutes

Statutes > California > Gov > 56325-56337

GOVERNMENT CODE
SECTION 56325-56337



56325.  There is hereby continued in existence in each county a
local agency formation commission. Except as otherwise provided in
this chapter, the commission shall consist of members selected as
follows:
   (a) Two appointed by the board of supervisors from their own
membership. The board of supervisors shall appoint a third supervisor
who shall be an alternate member of the commission. The alternate
member may serve and vote in place of any supervisor on the
commission who is absent or who disqualifies himself or herself from
participating in a meeting of the commission.
   If the office of a regular county member becomes vacant, the
alternate member may serve and vote in place of the former regular
county member until the appointment and qualification of a regular
county member to fill the vacancy.
   (b) Two selected by the cities in the county, each of whom shall
be a mayor or council member, appointed by the city selection
committee. The city selection committee shall also designate one
alternate member who shall be appointed and serve pursuant to Section
56335. The alternate shall also be a mayor or council member. The
city selection committee is encouraged to select members to fairly
represent the diversity of the cities in the county, with respect to
population and geography.
   (c) Two presiding officers or members of legislative bodies of
independent special districts selected by the independent special
district selection committee pursuant to Section 56332. The
independent special district selection committee shall also designate
a presiding officer or member of the legislative body of an
independent special district as an alternative member who shall be
appointed and serve pursuant to Section 56332. The independent
special district selection committee is encouraged to make selections
that fairly represent the diversity of the independent special
districts in the county, with respect to population and geography.
   (d) One representing the general public appointed by the other
members of the commission. The other members of the commission may
also designate one alternate member who shall be appointed and serve
pursuant to Section 56331. Selection of the public member and
alternate public member shall be subject to the affirmative vote of
at least one of the members selected by each of the other appointing
authorities. Whenever a vacancy occurs in the public member or
alternate public member position, the commission shall cause a notice
of vacancy to be posted as provided in Section 56158. A copy of this
notice shall be sent to the clerk or secretary of the legislative
body of each local agency within the county. Final appointment to
fill the vacancy may not be made for at least 21 days after the
posting of the notice.


56325.1.  While serving on the commission, all commission members
shall exercise their independent judgment on behalf of the interests
of residents, property owners, and the public as a whole in
furthering the purposes of this division. Any member appointed on
behalf of local governments shall represent the interests of the
public as a whole and not solely the interests of the appointing
authority. This section does not require the abstention of any member
on any matter, nor does it create a right of action in any person.



56326.  In Los Angeles County, the commission shall consist of nine
members, selected as follows:
   (a) Two appointed by the board of supervisors from its own
membership. The board of supervisors shall also appoint a third
supervisor who shall be an alternate member of the commission. The
alternate member may serve and vote in place of any supervisor on the
commission who is absent or who disqualifies himself or herself from
participating in a meeting of the commission.
   If the office of the regular county member becomes vacant, the
alternate member may serve and vote in place of the former regular
county member until the appointment and qualification of a regular
county member to fill the vacancy.
   (b) One appointed by the board of supervisors, who shall not be a
member of the board of supervisors but who shall be a resident of the
San Fernando Valley Statistical Area, as defined in subdivision (c)
of Section 11093. The board of supervisors shall also appoint an
alternate member who shall not be a member of the board of
supervisors but who is a resident of the San Fernando Valley
Statistical Area. The alternate member may serve and vote in place of
the member appointed pursuant to this subdivision if that member is
absent or disqualifies himself or herself from participating in a
meeting of the commission.
   If the office of the regular member becomes vacant, the alternate
member may serve and vote in place of the former regular member until
the appointment and qualification of a regular member to fill the
vacancy.
   (c) Two selected by the cities in the county, each of whom shall
be a mayor or council member, appointed by the city selection
committee. The city selection committee shall also designate one
alternate member who shall be appointed and serve pursuant to Section
56335. The alternate shall also be a mayor or council member. The
city selection committee is encouraged to select members to fairly
represent the diversity of the cities in the county, with respect to
population and geography.
   (d) One selected by a city in the county having a population in
excess of 30 percent of the total population of the county who is a
member of the legislative body of the city, appointed by the
presiding officer of the legislative body. The presiding officer of
the legislative body shall also designate an alternate member who is
a member of the legislative body. The alternate member may serve and
vote in place of the member appointed pursuant to this subdivision if
the member is absent or disqualifies himself or herself from
participating in a meeting of the commission.
   If the office of the regular member becomes vacant, the alternate
member may serve and vote in place of the former regular member until
the appointment and qualification of a regular member to fill the
vacancy.
   (e) Two presiding officers or members of legislative bodies of
independent special districts selected by an independent special
district selection committee pursuant to Section 56332. The
independent special district selection committee shall also designate
one alternate member who shall be a presiding officer or member of
the legislative body of an independent special district and shall be
appointed and serve pursuant to Section 56332. The independent
special district selection committee is encouraged to select members
to fairly represent the diversity of the independent special
districts in the county, with respect to population and geography.
   (f) One representing the general public appointed by the other
members of the commission.


56326.5.  In Sacramento County, the commission shall consist of
seven members, selected as follows:
   (a) Two appointed by the board of supervisors from their own
membership. The board of supervisors shall appoint a third supervisor
who shall serve as an alternate member of the commission. The
alternate member may serve and vote in place of any supervisor on the
commission who is absent or who disqualifies himself or herself from
participating in a meeting of the commission. If the office of the
regular county member becomes vacant, the alternate member may serve
and vote in place of the former regular county member until the
appointment and qualification of a regular county member to fill the
vacancy.
   (b) One selected by the City of Sacramento who is a member of the
city council, appointed by the mayor and confirmed by the city
council. The mayor shall also appoint, subject to confirmation by the
council, an alternate member who is a member of the city council.
The alternate member may serve and vote in place of the regular city
member if the city member is absent or disqualifies himself or
herself from participating in a meeting of the commission. If the
office of the regular city member becomes vacant, the alternate
member may serve and vote in place of the former regular city member
until the appointment and qualification of a regular city member to
fill the vacancy.
   (c) One selected by the cities in the county, who is a mayor or
council member appointed by the city selection committee. The city
selection committee shall also designate one alternate member who
shall be appointed and serve pursuant to Section 56335. The alternate
shall also be a mayor or council member. The city selection
committee is encouraged to select members to fairly represent the
diversity of the cities in the county, with respect to population and
geography.
   (d) Two presiding officers or members of legislative bodies of
independent special districts selected by an independent special
district selection committee pursuant to Section 56332. The
independent special district selection committee shall also designate
one alternate member who shall be a presiding officer or member of
the legislative body of an independent special district and shall be
appointed and serve pursuant to Section 56332. The independent
special district selection committee is encouraged to select members
to fairly represent the diversity of the independent special
districts in the county, with respect to population and geography.
   (e) One representing the general public, appointed by the other
six members of the commission. The commission may also appoint an
alternate public member who may serve and vote in the place of the
regular public member if the regular public member is absent or
disqualifies himself or herself from participating in a meeting of
the commission. If the office of the regular public member becomes
vacant, the alternate member may serve and vote in place of the
former regular public member until the appointment and qualification
of a regular public member to fill the vacancy.



56327.  In Santa Clara County, the commission shall consist of five
members, selected as follows:
   (a) Two appointed by the board of supervisors from their own
membership. The board of supervisors shall appoint a third supervisor
who shall serve as an alternate member of the commission. The
alternate member may serve and vote in place of any supervisor on the
commission who is absent or who disqualifies himself or herself from
participating in a meeting of the commission. If the office of the
regular county member becomes vacant, the alternate member may serve
and vote in place of the former regular county member until the
appointment and qualification of a regular county member to fill the
vacancy.
   (b) One selected by the city in the county having the largest
population, who is a member of the legislative body of the city,
appointed by the city council. The city council shall also appoint an
alternate member who is a member of the legislative body of the
city. The alternate member may serve and vote in place of the regular
city member if the city member is absent or disqualifies himself or
herself from participating in a meeting of the commission. If the
office of the regular city member becomes vacant, the alternate
member may serve and vote in place of the former regular city member
until the appointment and qualification of a regular city member to
fill the vacancy.
   (c) One selected by the cities in the county, who is a mayor or
council member appointed by the city selection committee. The city
selection committee shall also designate one alternate member who
shall be appointed and serve pursuant to Section 56335. The alternate
shall also be a mayor or council member. The city selection
committee is encouraged to select members to fairly represent the
diversity of the cities in the county, with respect to population and
geography.
   (d) One representing the general public, appointed by the other
four members of the commission. This member shall not be a resident
of a city which is already represented on the commission. The
commission may also appoint an alternate public member, who shall not
be a resident of a city represented on the commission, and who may
serve and vote in the place of the regular public member if the
regular public member is absent or disqualifies himself or herself
from participating in a meeting of the commission. If the office of
the regular public member becomes vacant, the alternate member may
serve and vote in place of the former regular public member until the
appointment and qualification of a regular public member to fill the
vacancy.


56327.3.  In Santa Clara County, the commission shall be enlarged by
two members if, pursuant to the provisions of Chapter 5 (commencing
with Section 56820), the commission orders representation of special
districts upon the commission.


56328.  (a) In San Diego County, the commission, which consists of
seven members, augmented pursuant to Section 56332, shall be
additionally augmented by the appointment of an eighth member and
that member shall, notwithstanding subdivision (b) of Section 56325,
be a member of the legislative body of the city in the county having
the largest population, appointed by the legislative body of that
city.
   (b) The legislative body of the city shall appoint an alternate
member at the same time and in the same manner as it appoints the
regular member appointed pursuant to subdivision (a). If the regular
city member is absent from a commission meeting, or disqualifies
himself or herself from participating in a meeting, the alternate
member may serve and vote in place of the regular city member for
that meeting. If the office of the regular city member becomes
vacant, the alternate member may serve and vote in place of the
former regular city member until the appointment and qualification of
a regular city member to fill the vacancy.




56328.5.  (a) In Kern County, the commission, which consists of
seven members, augmented pursuant to Section 56332, shall be
additionally augmented by the appointment of an eighth member and a
ninth member.
   (b) The eighth member shall, notwithstanding subdivision (b) of
Section 56325, be a member of the legislative body of the city in the
county having the largest population, appointed by the legislative
body of that city.
   The legislative body of the city shall appoint an alternate member
at the same time and in the same manner as it appoints the eighth
regular member. If the regular city member is absent from a
commission meeting, or disqualifies himself or herself from
participating in a meeting, the alternate member may serve and vote
in place of the regular city member for that meeting. If the office
of the regular city member becomes vacant, the alternate member may
serve and vote in place of the former regular city member until the
appointment and qualification of a regular city member to fill the
vacancy.
   (c) The ninth member shall represent the general public, but shall
not be a member of the governing body of any local agency. The ninth
member shall be appointed by the four members of the commission
appointed by the county supervisors and the independent special
district selection committee. Those commission members may also
appoint an alternate public member, who is not a member of the
governing body of any local agency, who may serve and vote in the
place of the regular public member appointed pursuant to this
subdivision if that regular public member is absent or disqualifies
himself or herself from participating in a meeting of the commission.
If the office of the regular public member appointed pursuant to
this subdivision becomes vacant, the alternate member may serve and
vote in place of that former regular public member until the
appointment and qualification of a regular public member pursuant to
this subdivision to fill the vacancy.


56329.  If there is no city in the county, the commission shall
consist of five members, selected as follows which may be further
augmented pursuant to Sections 56332 and 56332.5:
   (a) Three appointed by the board of supervisors from their own
membership. The board of supervisors shall appoint a fourth
supervisor who is an alternate member of the commission. The
alternate member may serve and vote in place of any supervisor on the
commission who is absent or who disqualifies himself or herself from
participating in a meeting of the commission.
   If the office of a regular county member becomes vacant, the
alternate member may serve and vote in place of the former regular
county member until the appointment and qualification of a regular
county member to fill the vacancy.
   (b) Two representing the general public appointed by the other
three members of the commission. Selection of the public member and
alternate public member shall be subject to the affirmative vote of
at least one of the members selected by each of the other appointing
authorities.



56331.  When appointing a public member pursuant to Sections 56325,
56326, and 56329, the commission may also appoint one alternate
public member who may serve and vote in place of a regular public
member who is absent or who disqualifies himself or herself from
participating in a meeting of the commission.
   If the office of a regular public member becomes vacant, the
alternate member may serve and vote in place of the former regular
public member until the appointment and qualification of a regular
public member to fill the vacancy.
   No person appointed as a public member or alternate public member
pursuant to this chapter shall be an officer or employee of the
county or any city or district with territory in the county,
provided, however, that any officer or employee serving on January 1,
1994, may complete the term for which he or she was appointed.



56331.3.  If two or more members are absent or disqualify themselves
from participating in a meeting of the commission, any alternate
member who is authorized to serve and vote in the place of a member
shall only have one vote.


56332.  (a) The independent special district selection committee
shall consist of the presiding officer of the legislative body of
each independent special district. However, if the presiding officer
of an independent special district is unable to attend a meeting of
the independent special district selection committee, the legislative
body of the district may appoint one of its members to attend the
meeting of the selection committee in the presiding officer's place.
Those districts shall include districts located wholly within the
county and those containing territory within the county representing
50 percent or more of the assessed value of taxable property of the
district, as shown on the last equalized county assessment roll. Each
member of the committee shall be entitled to one vote for each
independent special district of which he or she is the presiding
officer. Members representing a majority of the eligible districts
shall constitute a quorum.
   (b) The executive officer shall call and give written notice of
all meetings of the members of the selection committee. A meeting
shall be called and held under one of the following circumstances:
   (1) Whenever the executive officer anticipates that a vacancy will
occur within the next 90 days among the members or alternate member
representing independent special districts on the committee.
   (2) Whenever a vacancy exists among the members or alternate
member representing independent special districts upon the
commission.
   (3) Upon receipt of a written request by one or more members of
the selection committee representing districts having 10 percent or
more of the assessed value of taxable property within the county, as
shown on the last equalized county assessment roll.
   (c) (1) If the executive officer determines that a meeting of the
special district selection committee, for the purpose of selecting
the special district representatives or for filling a vacancy, is not
feasible, the executive officer may conduct the business of the
committee in writing, as provided in this subdivision. The executive
officer may call for nominations to be submitted in writing within 30
days. At the end of the nominating period, the executive officer
shall prepare and deliver, or send by certified mail, to each
independent special district one ballot and voting instructions. If
only one candidate is nominated for a vacant seat, that candidate
shall be deemed selected, with no further proceedings.
   (2) As an alternative to the delivery by certified mail, the
executive officer, with the prior concurrence of the district, may
transmit the ballot and voting instructions by electronic mail,
provided that the executive officer shall retain written evidence of
the receipt of that material.
   (3) The ballot shall include the names of all nominees and the
office for which each was nominated. The districts shall return the
ballots to the executive officer by the date specified in the voting
instructions, which date shall be at least 30 days from the date on
which the executive officer mailed the ballots to the districts.
   (4) If the executive officer has transmitted the ballot and voting
instructions by electronic mail, the districts may return the
ballots to the executive officer by electronic mail, provided that
the executive officer retains written evidence of the receipt of the
ballot.
   (5) Any ballot received by the executive officer after the
specified date is invalid. The executive officer shall announce the
results of the election within seven days of the specified date.
   (d) The selection committee shall appoint two regular members and
one alternate member to the commission. The members so appointed
shall be elected or appointed special district officers residing
within the county but shall not be members of the legislative body of
a city or county. If one of the regular district members is absent
from a commission meeting or disqualifies himself or herself from
participating in a meeting, the alternate district member may serve
and vote in place of the regular district member for that meeting.
The representation by a regular district member who is a special
district officer shall not disqualify, or be cause for
disqualification of, the member from acting on a proposal affecting
the special district. The special district selection committee may,
at the time it appoints a member or alternate, provide that the
member or alternate is disqualified from voting on proposals
affecting the district of which the member is a representative.
   (e) If the office of a regular district member becomes vacant, the
alternate member may serve and vote in place of the former regular
district member until the appointment and qualification of a regular
district member to fill the vacancy.
   (f) For purposes of this section, "executive officer" means the
executive officer or designee as authorized by the commission.



56332.5.  If the commission does not have representation from
independent special districts on January 1, 2001, the commission
shall initiate proceedings for representation of independent special
districts upon the commission if requested by independent special
districts pursuant to this section. If an independent special
district adopts a resolution proposing representation of independent
special districts upon the commission, it shall immediately forward a
copy of the resolution to the executive officer. Upon receipt of
those resolutions from a majority of independent special districts
within a county, adopted by the districts within one year from the
date that the first resolution was adopted, the commission, at its
next regular meeting, shall adopt a resolution of intention. The
resolution of intention shall state whether the proceedings are
initiated by the commission or by an independent special district or
districts, in which case, the names of those districts shall be set
forth. The commission shall order the executive officer to call and
give notice of a meeting of the independent special district
selection committee to be held within 15 days after the adoption of
the resolution in order to select independent special district
representation on the commission pursuant to Section 56332.



56333.  When a commission is enlarged to seven members as provided
in Section 56332, the public members appointed pursuant to Sections
56325 and 56329 shall thereafter be appointed by members of the
commission representing cities, counties, and special districts.
Those appointments shall be made at the times and in the manner
provided in Section 56334.



56334.  The term of office of each member shall be four years and
until the appointment and qualification of his or her successor. Upon
enlargement of the commission by two members, as provided in Section
56332, the new members first appointed to represent independent
special districts shall classify themselves by lot so that the
expiration date of the term of office of one new member coincides
with the existing member who holds the office represented by the
original two-year term on the commission and the term of office of
the other new member coincides with the existing member who holds the
office represented by the original four-year term on the commission.
The body which originally appointed a member whose term has expired
shall appoint his or her successor for a full term of four years. Any
member may be removed at any time and without cause by the body
appointing that member. The expiration date of the term of office of
each member shall be the first Monday in May in the year in which the
term of the member expires, unless procedures adopted by the
commission specify an alternate date to apply uniformly to all
members. However, the length of a term of office shall not be
extended more than once. Any vacancy in the membership of the
commission shall be filled for the unexpired term by appointment by
the body which originally appointed the member whose office has
become vacant.
   The chairperson of the commission shall be selected by the members
of the commission.
   Commission members and alternates shall be reimbursed for the
actual amount of their reasonable and necessary expenses incurred in
attending meetings and in performing the duties of their office. The
commission may authorize payment of a per diem to commission members
and alternates for each day while they are in attendance at meetings
of the commission.



56335.  In each county containing two or more cities, regular and
alternate city members to the commission shall be appointed by the
city selection committee organized in the county pursuant to and in
the manner provided in Article 11 (commencing with Section 50270) of
Chapter 1 of Part 1 of Division 1. Regular members of the commission
shall be appointed by the city selection committee pursuant to
Sections 56325, 56326, and 56327.
   The city selection committee shall appoint one alternate member to
the commission in the same manner as it appoints a regular member.
If one of the regular city members is absent from a commission
meeting, or disqualifies himself or herself from participating in a
meeting, the alternate member may serve and vote in place of that
regular city member for that meeting.
   Except in the case of a member appointed pursuant to subdivision
(d) of Section 56326 or subdivision (b) of Section 56327, a city
selection committee, may, at the time it appoints a member or
alternate, provide that the member or alternate is disqualified from
voting on proposals affecting the city which the member or alternate
represents.
   If the office of a regular city member becomes vacant, the
alternate member may serve and vote in place of the former regular
city member until the appointment and qualification of a regular city
member to fill the vacancy.



56336.  Each commission may adopt regulations with respect to
disqualification of members or alternates from participating in the
review of a proposal. In the absence, however, of those regulations,
Section 56332 or 56335 shall apply. The representation by a member or
alternate of a city or district shall not disqualify, or be cause
for disqualification of, the member or alternate from acting on a
proposal affecting the city or the district, and any regulation
providing for the disqualification of a city or district
representative for that reason is null and void.



56337.  A city, county, or district officer may serve as a member of
the commission while holding office as a city, county, or district
officer. If a member who is a city, county, or district officer
ceases to be an officer of a city, county, or district during his or
her term, his or her membership on the commission shall be considered
vacant.


State Codes and Statutes

Statutes > California > Gov > 56325-56337

GOVERNMENT CODE
SECTION 56325-56337



56325.  There is hereby continued in existence in each county a
local agency formation commission. Except as otherwise provided in
this chapter, the commission shall consist of members selected as
follows:
   (a) Two appointed by the board of supervisors from their own
membership. The board of supervisors shall appoint a third supervisor
who shall be an alternate member of the commission. The alternate
member may serve and vote in place of any supervisor on the
commission who is absent or who disqualifies himself or herself from
participating in a meeting of the commission.
   If the office of a regular county member becomes vacant, the
alternate member may serve and vote in place of the former regular
county member until the appointment and qualification of a regular
county member to fill the vacancy.
   (b) Two selected by the cities in the county, each of whom shall
be a mayor or council member, appointed by the city selection
committee. The city selection committee shall also designate one
alternate member who shall be appointed and serve pursuant to Section
56335. The alternate shall also be a mayor or council member. The
city selection committee is encouraged to select members to fairly
represent the diversity of the cities in the county, with respect to
population and geography.
   (c) Two presiding officers or members of legislative bodies of
independent special districts selected by the independent special
district selection committee pursuant to Section 56332. The
independent special district selection committee shall also designate
a presiding officer or member of the legislative body of an
independent special district as an alternative member who shall be
appointed and serve pursuant to Section 56332. The independent
special district selection committee is encouraged to make selections
that fairly represent the diversity of the independent special
districts in the county, with respect to population and geography.
   (d) One representing the general public appointed by the other
members of the commission. The other members of the commission may
also designate one alternate member who shall be appointed and serve
pursuant to Section 56331. Selection of the public member and
alternate public member shall be subject to the affirmative vote of
at least one of the members selected by each of the other appointing
authorities. Whenever a vacancy occurs in the public member or
alternate public member position, the commission shall cause a notice
of vacancy to be posted as provided in Section 56158. A copy of this
notice shall be sent to the clerk or secretary of the legislative
body of each local agency within the county. Final appointment to
fill the vacancy may not be made for at least 21 days after the
posting of the notice.


56325.1.  While serving on the commission, all commission members
shall exercise their independent judgment on behalf of the interests
of residents, property owners, and the public as a whole in
furthering the purposes of this division. Any member appointed on
behalf of local governments shall represent the interests of the
public as a whole and not solely the interests of the appointing
authority. This section does not require the abstention of any member
on any matter, nor does it create a right of action in any person.



56326.  In Los Angeles County, the commission shall consist of nine
members, selected as follows:
   (a) Two appointed by the board of supervisors from its own
membership. The board of supervisors shall also appoint a third
supervisor who shall be an alternate member of the commission. The
alternate member may serve and vote in place of any supervisor on the
commission who is absent or who disqualifies himself or herself from
participating in a meeting of the commission.
   If the office of the regular county member becomes vacant, the
alternate member may serve and vote in place of the former regular
county member until the appointment and qualification of a regular
county member to fill the vacancy.
   (b) One appointed by the board of supervisors, who shall not be a
member of the board of supervisors but who shall be a resident of the
San Fernando Valley Statistical Area, as defined in subdivision (c)
of Section 11093. The board of supervisors shall also appoint an
alternate member who shall not be a member of the board of
supervisors but who is a resident of the San Fernando Valley
Statistical Area. The alternate member may serve and vote in place of
the member appointed pursuant to this subdivision if that member is
absent or disqualifies himself or herself from participating in a
meeting of the commission.
   If the office of the regular member becomes vacant, the alternate
member may serve and vote in place of the former regular member until
the appointment and qualification of a regular member to fill the
vacancy.
   (c) Two selected by the cities in the county, each of whom shall
be a mayor or council member, appointed by the city selection
committee. The city selection committee shall also designate one
alternate member who shall be appointed and serve pursuant to Section
56335. The alternate shall also be a mayor or council member. The
city selection committee is encouraged to select members to fairly
represent the diversity of the cities in the county, with respect to
population and geography.
   (d) One selected by a city in the county having a population in
excess of 30 percent of the total population of the county who is a
member of the legislative body of the city, appointed by the
presiding officer of the legislative body. The presiding officer of
the legislative body shall also designate an alternate member who is
a member of the legislative body. The alternate member may serve and
vote in place of the member appointed pursuant to this subdivision if
the member is absent or disqualifies himself or herself from
participating in a meeting of the commission.
   If the office of the regular member becomes vacant, the alternate
member may serve and vote in place of the former regular member until
the appointment and qualification of a regular member to fill the
vacancy.
   (e) Two presiding officers or members of legislative bodies of
independent special districts selected by an independent special
district selection committee pursuant to Section 56332. The
independent special district selection committee shall also designate
one alternate member who shall be a presiding officer or member of
the legislative body of an independent special district and shall be
appointed and serve pursuant to Section 56332. The independent
special district selection committee is encouraged to select members
to fairly represent the diversity of the independent special
districts in the county, with respect to population and geography.
   (f) One representing the general public appointed by the other
members of the commission.


56326.5.  In Sacramento County, the commission shall consist of
seven members, selected as follows:
   (a) Two appointed by the board of supervisors from their own
membership. The board of supervisors shall appoint a third supervisor
who shall serve as an alternate member of the commission. The
alternate member may serve and vote in place of any supervisor on the
commission who is absent or who disqualifies himself or herself from
participating in a meeting of the commission. If the office of the
regular county member becomes vacant, the alternate member may serve
and vote in place of the former regular county member until the
appointment and qualification of a regular county member to fill the
vacancy.
   (b) One selected by the City of Sacramento who is a member of the
city council, appointed by the mayor and confirmed by the city
council. The mayor shall also appoint, subject to confirmation by the
council, an alternate member who is a member of the city council.
The alternate member may serve and vote in place of the regular city
member if the city member is absent or disqualifies himself or
herself from participating in a meeting of the commission. If the
office of the regular city member becomes vacant, the alternate
member may serve and vote in place of the former regular city member
until the appointment and qualification of a regular city member to
fill the vacancy.
   (c) One selected by the cities in the county, who is a mayor or
council member appointed by the city selection committee. The city
selection committee shall also designate one alternate member who
shall be appointed and serve pursuant to Section 56335. The alternate
shall also be a mayor or council member. The city selection
committee is encouraged to select members to fairly represent the
diversity of the cities in the county, with respect to population and
geography.
   (d) Two presiding officers or members of legislative bodies of
independent special districts selected by an independent special
district selection committee pursuant to Section 56332. The
independent special district selection committee shall also designate
one alternate member who shall be a presiding officer or member of
the legislative body of an independent special district and shall be
appointed and serve pursuant to Section 56332. The independent
special district selection committee is encouraged to select members
to fairly represent the diversity of the independent special
districts in the county, with respect to population and geography.
   (e) One representing the general public, appointed by the other
six members of the commission. The commission may also appoint an
alternate public member who may serve and vote in the place of the
regular public member if the regular public member is absent or
disqualifies himself or herself from participating in a meeting of
the commission. If the office of the regular public member becomes
vacant, the alternate member may serve and vote in place of the
former regular public member until the appointment and qualification
of a regular public member to fill the vacancy.



56327.  In Santa Clara County, the commission shall consist of five
members, selected as follows:
   (a) Two appointed by the board of supervisors from their own
membership. The board of supervisors shall appoint a third supervisor
who shall serve as an alternate member of the commission. The
alternate member may serve and vote in place of any supervisor on the
commission who is absent or who disqualifies himself or herself from
participating in a meeting of the commission. If the office of the
regular county member becomes vacant, the alternate member may serve
and vote in place of the former regular county member until the
appointment and qualification of a regular county member to fill the
vacancy.
   (b) One selected by the city in the county having the largest
population, who is a member of the legislative body of the city,
appointed by the city council. The city council shall also appoint an
alternate member who is a member of the legislative body of the
city. The alternate member may serve and vote in place of the regular
city member if the city member is absent or disqualifies himself or
herself from participating in a meeting of the commission. If the
office of the regular city member becomes vacant, the alternate
member may serve and vote in place of the former regular city member
until the appointment and qualification of a regular city member to
fill the vacancy.
   (c) One selected by the cities in the county, who is a mayor or
council member appointed by the city selection committee. The city
selection committee shall also designate one alternate member who
shall be appointed and serve pursuant to Section 56335. The alternate
shall also be a mayor or council member. The city selection
committee is encouraged to select members to fairly represent the
diversity of the cities in the county, with respect to population and
geography.
   (d) One representing the general public, appointed by the other
four members of the commission. This member shall not be a resident
of a city which is already represented on the commission. The
commission may also appoint an alternate public member, who shall not
be a resident of a city represented on the commission, and who may
serve and vote in the place of the regular public member if the
regular public member is absent or disqualifies himself or herself
from participating in a meeting of the commission. If the office of
the regular public member becomes vacant, the alternate member may
serve and vote in place of the former regular public member until the
appointment and qualification of a regular public member to fill the
vacancy.


56327.3.  In Santa Clara County, the commission shall be enlarged by
two members if, pursuant to the provisions of Chapter 5 (commencing
with Section 56820), the commission orders representation of special
districts upon the commission.


56328.  (a) In San Diego County, the commission, which consists of
seven members, augmented pursuant to Section 56332, shall be
additionally augmented by the appointment of an eighth member and
that member shall, notwithstanding subdivision (b) of Section 56325,
be a member of the legislative body of the city in the county having
the largest population, appointed by the legislative body of that
city.
   (b) The legislative body of the city shall appoint an alternate
member at the same time and in the same manner as it appoints the
regular member appointed pursuant to subdivision (a). If the regular
city member is absent from a commission meeting, or disqualifies
himself or herself from participating in a meeting, the alternate
member may serve and vote in place of the regular city member for
that meeting. If the office of the regular city member becomes
vacant, the alternate member may serve and vote in place of the
former regular city member until the appointment and qualification of
a regular city member to fill the vacancy.




56328.5.  (a) In Kern County, the commission, which consists of
seven members, augmented pursuant to Section 56332, shall be
additionally augmented by the appointment of an eighth member and a
ninth member.
   (b) The eighth member shall, notwithstanding subdivision (b) of
Section 56325, be a member of the legislative body of the city in the
county having the largest population, appointed by the legislative
body of that city.
   The legislative body of the city shall appoint an alternate member
at the same time and in the same manner as it appoints the eighth
regular member. If the regular city member is absent from a
commission meeting, or disqualifies himself or herself from
participating in a meeting, the alternate member may serve and vote
in place of the regular city member for that meeting. If the office
of the regular city member becomes vacant, the alternate member may
serve and vote in place of the former regular city member until the
appointment and qualification of a regular city member to fill the
vacancy.
   (c) The ninth member shall represent the general public, but shall
not be a member of the governing body of any local agency. The ninth
member shall be appointed by the four members of the commission
appointed by the county supervisors and the independent special
district selection committee. Those commission members may also
appoint an alternate public member, who is not a member of the
governing body of any local agency, who may serve and vote in the
place of the regular public member appointed pursuant to this
subdivision if that regular public member is absent or disqualifies
himself or herself from participating in a meeting of the commission.
If the office of the regular public member appointed pursuant to
this subdivision becomes vacant, the alternate member may serve and
vote in place of that former regular public member until the
appointment and qualification of a regular public member pursuant to
this subdivision to fill the vacancy.


56329.  If there is no city in the county, the commission shall
consist of five members, selected as follows which may be further
augmented pursuant to Sections 56332 and 56332.5:
   (a) Three appointed by the board of supervisors from their own
membership. The board of supervisors shall appoint a fourth
supervisor who is an alternate member of the commission. The
alternate member may serve and vote in place of any supervisor on the
commission who is absent or who disqualifies himself or herself from
participating in a meeting of the commission.
   If the office of a regular county member becomes vacant, the
alternate member may serve and vote in place of the former regular
county member until the appointment and qualification of a regular
county member to fill the vacancy.
   (b) Two representing the general public appointed by the other
three members of the commission. Selection of the public member and
alternate public member shall be subject to the affirmative vote of
at least one of the members selected by each of the other appointing
authorities.



56331.  When appointing a public member pursuant to Sections 56325,
56326, and 56329, the commission may also appoint one alternate
public member who may serve and vote in place of a regular public
member who is absent or who disqualifies himself or herself from
participating in a meeting of the commission.
   If the office of a regular public member becomes vacant, the
alternate member may serve and vote in place of the former regular
public member until the appointment and qualification of a regular
public member to fill the vacancy.
   No person appointed as a public member or alternate public member
pursuant to this chapter shall be an officer or employee of the
county or any city or district with territory in the county,
provided, however, that any officer or employee serving on January 1,
1994, may complete the term for which he or she was appointed.



56331.3.  If two or more members are absent or disqualify themselves
from participating in a meeting of the commission, any alternate
member who is authorized to serve and vote in the place of a member
shall only have one vote.


56332.  (a) The independent special district selection committee
shall consist of the presiding officer of the legislative body of
each independent special district. However, if the presiding officer
of an independent special district is unable to attend a meeting of
the independent special district selection committee, the legislative
body of the district may appoint one of its members to attend the
meeting of the selection committee in the presiding officer's place.
Those districts shall include districts located wholly within the
county and those containing territory within the county representing
50 percent or more of the assessed value of taxable property of the
district, as shown on the last equalized county assessment roll. Each
member of the committee shall be entitled to one vote for each
independent special district of which he or she is the presiding
officer. Members representing a majority of the eligible districts
shall constitute a quorum.
   (b) The executive officer shall call and give written notice of
all meetings of the members of the selection committee. A meeting
shall be called and held under one of the following circumstances:
   (1) Whenever the executive officer anticipates that a vacancy will
occur within the next 90 days among the members or alternate member
representing independent special districts on the committee.
   (2) Whenever a vacancy exists among the members or alternate
member representing independent special districts upon the
commission.
   (3) Upon receipt of a written request by one or more members of
the selection committee representing districts having 10 percent or
more of the assessed value of taxable property within the county, as
shown on the last equalized county assessment roll.
   (c) (1) If the executive officer determines that a meeting of the
special district selection committee, for the purpose of selecting
the special district representatives or for filling a vacancy, is not
feasible, the executive officer may conduct the business of the
committee in writing, as provided in this subdivision. The executive
officer may call for nominations to be submitted in writing within 30
days. At the end of the nominating period, the executive officer
shall prepare and deliver, or send by certified mail, to each
independent special district one ballot and voting instructions. If
only one candidate is nominated for a vacant seat, that candidate
shall be deemed selected, with no further proceedings.
   (2) As an alternative to the delivery by certified mail, the
executive officer, with the prior concurrence of the district, may
transmit the ballot and voting instructions by electronic mail,
provided that the executive officer shall retain written evidence of
the receipt of that material.
   (3) The ballot shall include the names of all nominees and the
office for which each was nominated. The districts shall return the
ballots to the executive officer by the date specified in the voting
instructions, which date shall be at least 30 days from the date on
which the executive officer mailed the ballots to the districts.
   (4) If the executive officer has transmitted the ballot and voting
instructions by electronic mail, the districts may return the
ballots to the executive officer by electronic mail, provided that
the executive officer retains written evidence of the receipt of the
ballot.
   (5) Any ballot received by the executive officer after the
specified date is invalid. The executive officer shall announce the
results of the election within seven days of the specified date.
   (d) The selection committee shall appoint two regular members and
one alternate member to the commission. The members so appointed
shall be elected or appointed special district officers residing
within the county but shall not be members of the legislative body of
a city or county. If one of the regular district members is absent
from a commission meeting or disqualifies himself or herself from
participating in a meeting, the alternate district member may serve
and vote in place of the regular district member for that meeting.
The representation by a regular district member who is a special
district officer shall not disqualify, or be cause for
disqualification of, the member from acting on a proposal affecting
the special district. The special district selection committee may,
at the time it appoints a member or alternate, provide that the
member or alternate is disqualified from voting on proposals
affecting the district of which the member is a representative.
   (e) If the office of a regular district member becomes vacant, the
alternate member may serve and vote in place of the former regular
district member until the appointment and qualification of a regular
district member to fill the vacancy.
   (f) For purposes of this section, "executive officer" means the
executive officer or designee as authorized by the commission.



56332.5.  If the commission does not have representation from
independent special districts on January 1, 2001, the commission
shall initiate proceedings for representation of independent special
districts upon the commission if requested by independent special
districts pursuant to this section. If an independent special
district adopts a resolution proposing representation of independent
special districts upon the commission, it shall immediately forward a
copy of the resolution to the executive officer. Upon receipt of
those resolutions from a majority of independent special districts
within a county, adopted by the districts within one year from the
date that the first resolution was adopted, the commission, at its
next regular meeting, shall adopt a resolution of intention. The
resolution of intention shall state whether the proceedings are
initiated by the commission or by an independent special district or
districts, in which case, the names of those districts shall be set
forth. The commission shall order the executive officer to call and
give notice of a meeting of the independent special district
selection committee to be held within 15 days after the adoption of
the resolution in order to select independent special district
representation on the commission pursuant to Section 56332.



56333.  When a commission is enlarged to seven members as provided
in Section 56332, the public members appointed pursuant to Sections
56325 and 56329 shall thereafter be appointed by members of the
commission representing cities, counties, and special districts.
Those appointments shall be made at the times and in the manner
provided in Section 56334.



56334.  The term of office of each member shall be four years and
until the appointment and qualification of his or her successor. Upon
enlargement of the commission by two members, as provided in Section
56332, the new members first appointed to represent independent
special districts shall classify themselves by lot so that the
expiration date of the term of office of one new member coincides
with the existing member who holds the office represented by the
original two-year term on the commission and the term of office of
the other new member coincides with the existing member who holds the
office represented by the original four-year term on the commission.
The body which originally appointed a member whose term has expired
shall appoint his or her successor for a full term of four years. Any
member may be removed at any time and without cause by the body
appointing that member. The expiration date of the term of office of
each member shall be the first Monday in May in the year in which the
term of the member expires, unless procedures adopted by the
commission specify an alternate date to apply uniformly to all
members. However, the length of a term of office shall not be
extended more than once. Any vacancy in the membership of the
commission shall be filled for the unexpired term by appointment by
the body which originally appointed the member whose office has
become vacant.
   The chairperson of the commission shall be selected by the members
of the commission.
   Commission members and alternates shall be reimbursed for the
actual amount of their reasonable and necessary expenses incurred in
attending meetings and in performing the duties of their office. The
commission may authorize payment of a per diem to commission members
and alternates for each day while they are in attendance at meetings
of the commission.



56335.  In each county containing two or more cities, regular and
alternate city members to the commission shall be appointed by the
city selection committee organized in the county pursuant to and in
the manner provided in Article 11 (commencing with Section 50270) of
Chapter 1 of Part 1 of Division 1. Regular members of the commission
shall be appointed by the city selection committee pursuant to
Sections 56325, 56326, and 56327.
   The city selection committee shall appoint one alternate member to
the commission in the same manner as it appoints a regular member.
If one of the regular city members is absent from a commission
meeting, or disqualifies himself or herself from participating in a
meeting, the alternate member may serve and vote in place of that
regular city member for that meeting.
   Except in the case of a member appointed pursuant to subdivision
(d) of Section 56326 or subdivision (b) of Section 56327, a city
selection committee, may, at the time it appoints a member or
alternate, provide that the member or alternate is disqualified from
voting on proposals affecting the city which the member or alternate
represents.
   If the office of a regular city member becomes vacant, the
alternate member may serve and vote in place of the former regular
city member until the appointment and qualification of a regular city
member to fill the vacancy.



56336.  Each commission may adopt regulations with respect to
disqualification of members or alternates from participating in the
review of a proposal. In the absence, however, of those regulations,
Section 56332 or 56335 shall apply. The representation by a member or
alternate of a city or district shall not disqualify, or be cause
for disqualification of, the member or alternate from acting on a
proposal affecting the city or the district, and any regulation
providing for the disqualification of a city or district
representative for that reason is null and void.



56337.  A city, county, or district officer may serve as a member of
the commission while holding office as a city, county, or district
officer. If a member who is a city, county, or district officer
ceases to be an officer of a city, county, or district during his or
her term, his or her membership on the commission shall be considered
vacant.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 56325-56337

GOVERNMENT CODE
SECTION 56325-56337



56325.  There is hereby continued in existence in each county a
local agency formation commission. Except as otherwise provided in
this chapter, the commission shall consist of members selected as
follows:
   (a) Two appointed by the board of supervisors from their own
membership. The board of supervisors shall appoint a third supervisor
who shall be an alternate member of the commission. The alternate
member may serve and vote in place of any supervisor on the
commission who is absent or who disqualifies himself or herself from
participating in a meeting of the commission.
   If the office of a regular county member becomes vacant, the
alternate member may serve and vote in place of the former regular
county member until the appointment and qualification of a regular
county member to fill the vacancy.
   (b) Two selected by the cities in the county, each of whom shall
be a mayor or council member, appointed by the city selection
committee. The city selection committee shall also designate one
alternate member who shall be appointed and serve pursuant to Section
56335. The alternate shall also be a mayor or council member. The
city selection committee is encouraged to select members to fairly
represent the diversity of the cities in the county, with respect to
population and geography.
   (c) Two presiding officers or members of legislative bodies of
independent special districts selected by the independent special
district selection committee pursuant to Section 56332. The
independent special district selection committee shall also designate
a presiding officer or member of the legislative body of an
independent special district as an alternative member who shall be
appointed and serve pursuant to Section 56332. The independent
special district selection committee is encouraged to make selections
that fairly represent the diversity of the independent special
districts in the county, with respect to population and geography.
   (d) One representing the general public appointed by the other
members of the commission. The other members of the commission may
also designate one alternate member who shall be appointed and serve
pursuant to Section 56331. Selection of the public member and
alternate public member shall be subject to the affirmative vote of
at least one of the members selected by each of the other appointing
authorities. Whenever a vacancy occurs in the public member or
alternate public member position, the commission shall cause a notice
of vacancy to be posted as provided in Section 56158. A copy of this
notice shall be sent to the clerk or secretary of the legislative
body of each local agency within the county. Final appointment to
fill the vacancy may not be made for at least 21 days after the
posting of the notice.


56325.1.  While serving on the commission, all commission members
shall exercise their independent judgment on behalf of the interests
of residents, property owners, and the public as a whole in
furthering the purposes of this division. Any member appointed on
behalf of local governments shall represent the interests of the
public as a whole and not solely the interests of the appointing
authority. This section does not require the abstention of any member
on any matter, nor does it create a right of action in any person.



56326.  In Los Angeles County, the commission shall consist of nine
members, selected as follows:
   (a) Two appointed by the board of supervisors from its own
membership. The board of supervisors shall also appoint a third
supervisor who shall be an alternate member of the commission. The
alternate member may serve and vote in place of any supervisor on the
commission who is absent or who disqualifies himself or herself from
participating in a meeting of the commission.
   If the office of the regular county member becomes vacant, the
alternate member may serve and vote in place of the former regular
county member until the appointment and qualification of a regular
county member to fill the vacancy.
   (b) One appointed by the board of supervisors, who shall not be a
member of the board of supervisors but who shall be a resident of the
San Fernando Valley Statistical Area, as defined in subdivision (c)
of Section 11093. The board of supervisors shall also appoint an
alternate member who shall not be a member of the board of
supervisors but who is a resident of the San Fernando Valley
Statistical Area. The alternate member may serve and vote in place of
the member appointed pursuant to this subdivision if that member is
absent or disqualifies himself or herself from participating in a
meeting of the commission.
   If the office of the regular member becomes vacant, the alternate
member may serve and vote in place of the former regular member until
the appointment and qualification of a regular member to fill the
vacancy.
   (c) Two selected by the cities in the county, each of whom shall
be a mayor or council member, appointed by the city selection
committee. The city selection committee shall also designate one
alternate member who shall be appointed and serve pursuant to Section
56335. The alternate shall also be a mayor or council member. The
city selection committee is encouraged to select members to fairly
represent the diversity of the cities in the county, with respect to
population and geography.
   (d) One selected by a city in the county having a population in
excess of 30 percent of the total population of the county who is a
member of the legislative body of the city, appointed by the
presiding officer of the legislative body. The presiding officer of
the legislative body shall also designate an alternate member who is
a member of the legislative body. The alternate member may serve and
vote in place of the member appointed pursuant to this subdivision if
the member is absent or disqualifies himself or herself from
participating in a meeting of the commission.
   If the office of the regular member becomes vacant, the alternate
member may serve and vote in place of the former regular member until
the appointment and qualification of a regular member to fill the
vacancy.
   (e) Two presiding officers or members of legislative bodies of
independent special districts selected by an independent special
district selection committee pursuant to Section 56332. The
independent special district selection committee shall also designate
one alternate member who shall be a presiding officer or member of
the legislative body of an independent special district and shall be
appointed and serve pursuant to Section 56332. The independent
special district selection committee is encouraged to select members
to fairly represent the diversity of the independent special
districts in the county, with respect to population and geography.
   (f) One representing the general public appointed by the other
members of the commission.


56326.5.  In Sacramento County, the commission shall consist of
seven members, selected as follows:
   (a) Two appointed by the board of supervisors from their own
membership. The board of supervisors shall appoint a third supervisor
who shall serve as an alternate member of the commission. The
alternate member may serve and vote in place of any supervisor on the
commission who is absent or who disqualifies himself or herself from
participating in a meeting of the commission. If the office of the
regular county member becomes vacant, the alternate member may serve
and vote in place of the former regular county member until the
appointment and qualification of a regular county member to fill the
vacancy.
   (b) One selected by the City of Sacramento who is a member of the
city council, appointed by the mayor and confirmed by the city
council. The mayor shall also appoint, subject to confirmation by the
council, an alternate member who is a member of the city council.
The alternate member may serve and vote in place of the regular city
member if the city member is absent or disqualifies himself or
herself from participating in a meeting of the commission. If the
office of the regular city member becomes vacant, the alternate
member may serve and vote in place of the former regular city member
until the appointment and qualification of a regular city member to
fill the vacancy.
   (c) One selected by the cities in the county, who is a mayor or
council member appointed by the city selection committee. The city
selection committee shall also designate one alternate member who
shall be appointed and serve pursuant to Section 56335. The alternate
shall also be a mayor or council member. The city selection
committee is encouraged to select members to fairly represent the
diversity of the cities in the county, with respect to population and
geography.
   (d) Two presiding officers or members of legislative bodies of
independent special districts selected by an independent special
district selection committee pursuant to Section 56332. The
independent special district selection committee shall also designate
one alternate member who shall be a presiding officer or member of
the legislative body of an independent special district and shall be
appointed and serve pursuant to Section 56332. The independent
special district selection committee is encouraged to select members
to fairly represent the diversity of the independent special
districts in the county, with respect to population and geography.
   (e) One representing the general public, appointed by the other
six members of the commission. The commission may also appoint an
alternate public member who may serve and vote in the place of the
regular public member if the regular public member is absent or
disqualifies himself or herself from participating in a meeting of
the commission. If the office of the regular public member becomes
vacant, the alternate member may serve and vote in place of the
former regular public member until the appointment and qualification
of a regular public member to fill the vacancy.



56327.  In Santa Clara County, the commission shall consist of five
members, selected as follows:
   (a) Two appointed by the board of supervisors from their own
membership. The board of supervisors shall appoint a third supervisor
who shall serve as an alternate member of the commission. The
alternate member may serve and vote in place of any supervisor on the
commission who is absent or who disqualifies himself or herself from
participating in a meeting of the commission. If the office of the
regular county member becomes vacant, the alternate member may serve
and vote in place of the former regular county member until the
appointment and qualification of a regular county member to fill the
vacancy.
   (b) One selected by the city in the county having the largest
population, who is a member of the legislative body of the city,
appointed by the city council. The city council shall also appoint an
alternate member who is a member of the legislative body of the
city. The alternate member may serve and vote in place of the regular
city member if the city member is absent or disqualifies himself or
herself from participating in a meeting of the commission. If the
office of the regular city member becomes vacant, the alternate
member may serve and vote in place of the former regular city member
until the appointment and qualification of a regular city member to
fill the vacancy.
   (c) One selected by the cities in the county, who is a mayor or
council member appointed by the city selection committee. The city
selection committee shall also designate one alternate member who
shall be appointed and serve pursuant to Section 56335. The alternate
shall also be a mayor or council member. The city selection
committee is encouraged to select members to fairly represent the
diversity of the cities in the county, with respect to population and
geography.
   (d) One representing the general public, appointed by the other
four members of the commission. This member shall not be a resident
of a city which is already represented on the commission. The
commission may also appoint an alternate public member, who shall not
be a resident of a city represented on the commission, and who may
serve and vote in the place of the regular public member if the
regular public member is absent or disqualifies himself or herself
from participating in a meeting of the commission. If the office of
the regular public member becomes vacant, the alternate member may
serve and vote in place of the former regular public member until the
appointment and qualification of a regular public member to fill the
vacancy.


56327.3.  In Santa Clara County, the commission shall be enlarged by
two members if, pursuant to the provisions of Chapter 5 (commencing
with Section 56820), the commission orders representation of special
districts upon the commission.


56328.  (a) In San Diego County, the commission, which consists of
seven members, augmented pursuant to Section 56332, shall be
additionally augmented by the appointment of an eighth member and
that member shall, notwithstanding subdivision (b) of Section 56325,
be a member of the legislative body of the city in the county having
the largest population, appointed by the legislative body of that
city.
   (b) The legislative body of the city shall appoint an alternate
member at the same time and in the same manner as it appoints the
regular member appointed pursuant to subdivision (a). If the regular
city member is absent from a commission meeting, or disqualifies
himself or herself from participating in a meeting, the alternate
member may serve and vote in place of the regular city member for
that meeting. If the office of the regular city member becomes
vacant, the alternate member may serve and vote in place of the
former regular city member until the appointment and qualification of
a regular city member to fill the vacancy.




56328.5.  (a) In Kern County, the commission, which consists of
seven members, augmented pursuant to Section 56332, shall be
additionally augmented by the appointment of an eighth member and a
ninth member.
   (b) The eighth member shall, notwithstanding subdivision (b) of
Section 56325, be a member of the legislative body of the city in the
county having the largest population, appointed by the legislative
body of that city.
   The legislative body of the city shall appoint an alternate member
at the same time and in the same manner as it appoints the eighth
regular member. If the regular city member is absent from a
commission meeting, or disqualifies himself or herself from
participating in a meeting, the alternate member may serve and vote
in place of the regular city member for that meeting. If the office
of the regular city member becomes vacant, the alternate member may
serve and vote in place of the former regular city member until the
appointment and qualification of a regular city member to fill the
vacancy.
   (c) The ninth member shall represent the general public, but shall
not be a member of the governing body of any local agency. The ninth
member shall be appointed by the four members of the commission
appointed by the county supervisors and the independent special
district selection committee. Those commission members may also
appoint an alternate public member, who is not a member of the
governing body of any local agency, who may serve and vote in the
place of the regular public member appointed pursuant to this
subdivision if that regular public member is absent or disqualifies
himself or herself from participating in a meeting of the commission.
If the office of the regular public member appointed pursuant to
this subdivision becomes vacant, the alternate member may serve and
vote in place of that former regular public member until the
appointment and qualification of a regular public member pursuant to
this subdivision to fill the vacancy.


56329.  If there is no city in the county, the commission shall
consist of five members, selected as follows which may be further
augmented pursuant to Sections 56332 and 56332.5:
   (a) Three appointed by the board of supervisors from their own
membership. The board of supervisors shall appoint a fourth
supervisor who is an alternate member of the commission. The
alternate member may serve and vote in place of any supervisor on the
commission who is absent or who disqualifies himself or herself from
participating in a meeting of the commission.
   If the office of a regular county member becomes vacant, the
alternate member may serve and vote in place of the former regular
county member until the appointment and qualification of a regular
county member to fill the vacancy.
   (b) Two representing the general public appointed by the other
three members of the commission. Selection of the public member and
alternate public member shall be subject to the affirmative vote of
at least one of the members selected by each of the other appointing
authorities.



56331.  When appointing a public member pursuant to Sections 56325,
56326, and 56329, the commission may also appoint one alternate
public member who may serve and vote in place of a regular public
member who is absent or who disqualifies himself or herself from
participating in a meeting of the commission.
   If the office of a regular public member becomes vacant, the
alternate member may serve and vote in place of the former regular
public member until the appointment and qualification of a regular
public member to fill the vacancy.
   No person appointed as a public member or alternate public member
pursuant to this chapter shall be an officer or employee of the
county or any city or district with territory in the county,
provided, however, that any officer or employee serving on January 1,
1994, may complete the term for which he or she was appointed.



56331.3.  If two or more members are absent or disqualify themselves
from participating in a meeting of the commission, any alternate
member who is authorized to serve and vote in the place of a member
shall only have one vote.


56332.  (a) The independent special district selection committee
shall consist of the presiding officer of the legislative body of
each independent special district. However, if the presiding officer
of an independent special district is unable to attend a meeting of
the independent special district selection committee, the legislative
body of the district may appoint one of its members to attend the
meeting of the selection committee in the presiding officer's place.
Those districts shall include districts located wholly within the
county and those containing territory within the county representing
50 percent or more of the assessed value of taxable property of the
district, as shown on the last equalized county assessment roll. Each
member of the committee shall be entitled to one vote for each
independent special district of which he or she is the presiding
officer. Members representing a majority of the eligible districts
shall constitute a quorum.
   (b) The executive officer shall call and give written notice of
all meetings of the members of the selection committee. A meeting
shall be called and held under one of the following circumstances:
   (1) Whenever the executive officer anticipates that a vacancy will
occur within the next 90 days among the members or alternate member
representing independent special districts on the committee.
   (2) Whenever a vacancy exists among the members or alternate
member representing independent special districts upon the
commission.
   (3) Upon receipt of a written request by one or more members of
the selection committee representing districts having 10 percent or
more of the assessed value of taxable property within the county, as
shown on the last equalized county assessment roll.
   (c) (1) If the executive officer determines that a meeting of the
special district selection committee, for the purpose of selecting
the special district representatives or for filling a vacancy, is not
feasible, the executive officer may conduct the business of the
committee in writing, as provided in this subdivision. The executive
officer may call for nominations to be submitted in writing within 30
days. At the end of the nominating period, the executive officer
shall prepare and deliver, or send by certified mail, to each
independent special district one ballot and voting instructions. If
only one candidate is nominated for a vacant seat, that candidate
shall be deemed selected, with no further proceedings.
   (2) As an alternative to the delivery by certified mail, the
executive officer, with the prior concurrence of the district, may
transmit the ballot and voting instructions by electronic mail,
provided that the executive officer shall retain written evidence of
the receipt of that material.
   (3) The ballot shall include the names of all nominees and the
office for which each was nominated. The districts shall return the
ballots to the executive officer by the date specified in the voting
instructions, which date shall be at least 30 days from the date on
which the executive officer mailed the ballots to the districts.
   (4) If the executive officer has transmitted the ballot and voting
instructions by electronic mail, the districts may return the
ballots to the executive officer by electronic mail, provided that
the executive officer retains written evidence of the receipt of the
ballot.
   (5) Any ballot received by the executive officer after the
specified date is invalid. The executive officer shall announce the
results of the election within seven days of the specified date.
   (d) The selection committee shall appoint two regular members and
one alternate member to the commission. The members so appointed
shall be elected or appointed special district officers residing
within the county but shall not be members of the legislative body of
a city or county. If one of the regular district members is absent
from a commission meeting or disqualifies himself or herself from
participating in a meeting, the alternate district member may serve
and vote in place of the regular district member for that meeting.
The representation by a regular district member who is a special
district officer shall not disqualify, or be cause for
disqualification of, the member from acting on a proposal affecting
the special district. The special district selection committee may,
at the time it appoints a member or alternate, provide that the
member or alternate is disqualified from voting on proposals
affecting the district of which the member is a representative.
   (e) If the office of a regular district member becomes vacant, the
alternate member may serve and vote in place of the former regular
district member until the appointment and qualification of a regular
district member to fill the vacancy.
   (f) For purposes of this section, "executive officer" means the
executive officer or designee as authorized by the commission.



56332.5.  If the commission does not have representation from
independent special districts on January 1, 2001, the commission
shall initiate proceedings for representation of independent special
districts upon the commission if requested by independent special
districts pursuant to this section. If an independent special
district adopts a resolution proposing representation of independent
special districts upon the commission, it shall immediately forward a
copy of the resolution to the executive officer. Upon receipt of
those resolutions from a majority of independent special districts
within a county, adopted by the districts within one year from the
date that the first resolution was adopted, the commission, at its
next regular meeting, shall adopt a resolution of intention. The
resolution of intention shall state whether the proceedings are
initiated by the commission or by an independent special district or
districts, in which case, the names of those districts shall be set
forth. The commission shall order the executive officer to call and
give notice of a meeting of the independent special district
selection committee to be held within 15 days after the adoption of
the resolution in order to select independent special district
representation on the commission pursuant to Section 56332.



56333.  When a commission is enlarged to seven members as provided
in Section 56332, the public members appointed pursuant to Sections
56325 and 56329 shall thereafter be appointed by members of the
commission representing cities, counties, and special districts.
Those appointments shall be made at the times and in the manner
provided in Section 56334.



56334.  The term of office of each member shall be four years and
until the appointment and qualification of his or her successor. Upon
enlargement of the commission by two members, as provided in Section
56332, the new members first appointed to represent independent
special districts shall classify themselves by lot so that the
expiration date of the term of office of one new member coincides
with the existing member who holds the office represented by the
original two-year term on the commission and the term of office of
the other new member coincides with the existing member who holds the
office represented by the original four-year term on the commission.
The body which originally appointed a member whose term has expired
shall appoint his or her successor for a full term of four years. Any
member may be removed at any time and without cause by the body
appointing that member. The expiration date of the term of office of
each member shall be the first Monday in May in the year in which the
term of the member expires, unless procedures adopted by the
commission specify an alternate date to apply uniformly to all
members. However, the length of a term of office shall not be
extended more than once. Any vacancy in the membership of the
commission shall be filled for the unexpired term by appointment by
the body which originally appointed the member whose office has
become vacant.
   The chairperson of the commission shall be selected by the members
of the commission.
   Commission members and alternates shall be reimbursed for the
actual amount of their reasonable and necessary expenses incurred in
attending meetings and in performing the duties of their office. The
commission may authorize payment of a per diem to commission members
and alternates for each day while they are in attendance at meetings
of the commission.



56335.  In each county containing two or more cities, regular and
alternate city members to the commission shall be appointed by the
city selection committee organized in the county pursuant to and in
the manner provided in Article 11 (commencing with Section 50270) of
Chapter 1 of Part 1 of Division 1. Regular members of the commission
shall be appointed by the city selection committee pursuant to
Sections 56325, 56326, and 56327.
   The city selection committee shall appoint one alternate member to
the commission in the same manner as it appoints a regular member.
If one of the regular city members is absent from a commission
meeting, or disqualifies himself or herself from participating in a
meeting, the alternate member may serve and vote in place of that
regular city member for that meeting.
   Except in the case of a member appointed pursuant to subdivision
(d) of Section 56326 or subdivision (b) of Section 56327, a city
selection committee, may, at the time it appoints a member or
alternate, provide that the member or alternate is disqualified from
voting on proposals affecting the city which the member or alternate
represents.
   If the office of a regular city member becomes vacant, the
alternate member may serve and vote in place of the former regular
city member until the appointment and qualification of a regular city
member to fill the vacancy.



56336.  Each commission may adopt regulations with respect to
disqualification of members or alternates from participating in the
review of a proposal. In the absence, however, of those regulations,
Section 56332 or 56335 shall apply. The representation by a member or
alternate of a city or district shall not disqualify, or be cause
for disqualification of, the member or alternate from acting on a
proposal affecting the city or the district, and any regulation
providing for the disqualification of a city or district
representative for that reason is null and void.



56337.  A city, county, or district officer may serve as a member of
the commission while holding office as a city, county, or district
officer. If a member who is a city, county, or district officer
ceases to be an officer of a city, county, or district during his or
her term, his or her membership on the commission shall be considered
vacant.