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Board of Directors Appointment Procedure

Action Required by the Governing Board

The district shall notify the county elections official of the vacancy no later than 15 days following either the date on which the district board is notified of the vacancy or the effective date of the vacancy, whichever is later.
The remaining district board members have 60 days immediately subsequent to either the date on which the district board is notified of the vacancy or the effective date of the vacancy; whichever is later, to either fill the vacancy Gov Code §1780 (a)
1. By appointment, or
2. By calling a special election

 Eligibility Requirements for an Appointee

The appointee must be qualified to hold the office of director. For a Community Services District director,  the person must:

  • Be a registered voter.
  • Reside within the district boundaries.
  • Be legally eligible to hold public office under California law.

The appointee must satisfy the same qualifications required of an elected director.

Appointments to Fill Vacancies

If the Board decides to appoint someone to fill the vacancy, the board first must post a notice of the vacancy in three or more conspicuous places in the district at least 15 days before the appointment is made. 

The Board must notify the county elections of the appointment no later than 15 days after the appointment is made.

The person appointed shall hold office until the next general district election that is scheduled 130 or more days after the date the district board is notified of the vacancy, and thereafter until the person elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall fill the balance of the unexpired term. If the term of office is due to expire following the next general district election and that election is scheduled 130 or more days after the date the county elections official is notified of the vacancy, the person appointed to the vacancy shall fill the balance of the unexpired term of his or her predecessor. Gov Code §1780 (a)                           

Elections to Fill Vacancies

In lieu of making an appointment the remaining members of the board may within 60 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, call an election to fill the vacancy.
The election shall be held on the next established election date that is 130 or more days after the date the district board calls the election. Gov Code §1780 (a)                                                                                                                                        

If the District Board Fails to Act

If the vacancy is not filled by the district board by either making an appointment or calling a special election within 60 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, the following shall occur.

Within the next 30 days, the Board of Supervisors of the county representing the larger portion of the district area in which the election to fill the vacancy will be held, may fill the vacancy by appointment or may order the district to call an election to fill the vacancy.

The election shall be held on the next established election date that is 130 or more days after the date the board of supervisors calls the election. Gov Code §1780 (b)                                                                                                                           

If the District Board Lacks a Quorum to Act Within 60 Days

If the number of remaining members of the district board falls below a quorum, at the request of the district secretary, or a remaining board member, the Board of Supervisors  may waive the 60-day period during which time the district board is allowed to take action, but can’t because there is no quorum, and move directly to the 30-day period where the  Board of Supervisors may take action.

Again, the board may either appoint immediately to fill the vacancy, or may call an election to fill the vacancy.

The election shall be held on the next established election (see previous list) that is 130 or more days after the date the district board calls the election. The board of supervisors shall only fill enough vacancies to provide the board with a quorum.   Gov Code §1780 (c)(2)

If the Board of Supervisors Fails to Act

If within 90 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, no action has been taken by any governing body to fill the vacancy by appointment or by calling for a special election, the district must call an election to fill the vacancy.

The election shall be held on the next established election that is 130 or more days after the date the district board calls the election. Gov Code §1780 (c)                                                                                                                                                                                 
Term of Office
A person appointed to fill a vacancy shall hold office only until the next general district election that is scheduled 130 or more days after the date the county elections official is notified of the vacancy and thereafter until the person elected at that election to fill the vacancy has been qualified to fill the vacancy for the remainder of the unexpired term.

A person elected at an election to fill the vacancy shall hold office for the remainder of the unexpired term.
Gov Code §1780 (d)                                                                                                                                                                                           
A person elected at a regular board member election or appointed in-lieu of election takes office at noon on the first Friday in December following his or her election in November and shall serve for four years. Elections Code §10554, 10507.