Chapter 1.30
ELECTIONS
Sections:
1.30.020 When elections are held.
1.30.040 Incompatible offices.
1.30.060 Election of president and vice-president.
1.30.070 Solicitation of political contributions.
1.30.080 Candidate’s statement.
1.30.010 Elections.
A. The term of office for each director, other than directors first elected or directors appointed to fill an unexpired term, shall be four years.
B. If a director is appointed to fill a vacancy that occurred in the first half of a term of office and at least 130 days prior to the next general district election, that director shall hold the 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 until the person who is elected at that election to fill the vacancy has been qualified. A director appointed to fill a vacancy at any other time shall serve the balance of the unexpired term of office.
C. If a director is elected to fill a vacancy, they shall hold office for the unexpired balance of the term of the office. [Res. 08-19 § 1C 2040.1].
1.30.020 When elections are held.
The board of directors of the Hi-Desert Water District will hold elections in even-numbered years with the statewide general election beginning November 2008. [Res. 08-19 § 1C 2040.2].
1.30.030 Vacancies.
A. All vacancies occurring in the office of director shall be filled pursuant to Section 1780 of the Government Code. The district shall notify the San Bernardino County registrar of voters of the vacancy within 15 days of either the effective date of the vacancy or of receiving notice of the vacancy, whichever is later. Within 60 days of the vacancy, a majority of the remaining members of the district board shall vote to either appoint a new director or call an election to fill the vacancy.
B. If a majority of the remaining members of the district board votes to appoint a new director, they shall post a notice of the vacancy in three or more conspicuous places in the district at least 15 days before the board makes the appointment. The board shall then make the appointment within 60 days after either the effective date of the vacancy or the date the district board is notified of the vacancy, whichever is later.
C. If a majority of the remaining members of the district board votes to call an election to fill the vacancy, the election is to be held 130 or more days after the date the district board calls the election.
D. If within 90 days of the date the district board is notified of a vacancy or the effective date of a vacancy, whichever is later, and if the vacancy has not been filled and no election has been called for, then the district board shall call an election to be held 130 days or more after the date of notification to fill the vacancy.
If the number of remaining members of the district board falls below a quorum, then a remaining member of the district board may request the appropriate board of supervisors to promptly appoint or call an election to fill only enough vacancies to provide the district board with a quorum. [Amended during 2010 codification; Res. 08-19 § 1C 2040.3].
1.30.040 Incompatible offices.
Any board member appointed or elected to a public office or another public entity will forfeit the first office upon taking the second. Under Government Code Section 1099, offices are incompatible under any of the following circumstances unless the simultaneous holding of the office is compelled or expressly authorized by law:
A. Either office may audit, overrule, remove members of, dismiss employees of, or supervise the other office or body;
B. Based on the powers and jurisdictions of the offices, there is a possibility of a significant clash of duties or loyalties between the offices;
C. Public policy considerations make it improper for one person to hold both offices. [Res. 08-19 § 1C 2040.4].
1.30.050 Oath of office.
Before entering upon the duties of office, each director shall take and subscribe the official oath and file it with the secretary of the district. The oath of office may be taken before the secretary or any officer authorized by law to administer oaths. [Res. 08-19 § 1C 2040.5].
1.30.060 Election of president and vice-president.
The board of directors elects, from among its members, a president and vice-president to serve as officers.
A. The president will perform the following duties:
1. Sign all contracts on behalf of the district;
2. Preside over all meetings of the board;
3. Appoint all committees authorized by the board;
4. Perform all other duties imposed by the board or prescribed by law.
B. The vice-president will perform the following duties:
1. In the absence of the president, perform all duties of the president.
2. Perform all other duties imposed by the board or prescribed by law.
C. The president and vice-president will be elected on an annual basis at the first meeting in the month of December. Such election will be done with a nominating motion, a second and a majority vote.
D. The president and vice-president may serve in their capacities for one year, or until a vacancy occurs, or until removal by an affirmative vote of a majority of the members of the board of directors. No term limits apply on individual directors serving as president or vice-president.
E. The president of the board of directors shall appoint, on an annual basis, board-authorized committees from among its members, no later than the first meeting in January. [Res. 08-19 § 1C 2040.6].
1.30.070 Solicitation of political contributions.
Government Code Section 3205 prohibits board members from soliciting political funds or contributions at district facilities or from district employees. A board member will not accept, solicit or direct a political contribution from district vendors or consultants who have a material financial interest in a contract or other matter while that contract or other matter is pending before the district. A director will not use the district’s seal, trademark, stationery or other indication of the district’s identity, or facsimile thereof, in any solicitation for political contributions contrary to state or federal law.
Government Code Section 3205.5 prohibits anyone who holds, or who is seeking election or appointment to, any office to, directly or indirectly, offer or arrange for any increase in compensation or salary for an employee or a state or local agency in exchange for, or a promise of, a contribution or loan to any committee controlled directly or indirectly by the person who holds, or who is seeking election or appointment to, an office. A violation of this section is punishable by imprisonment in a county jail for a period not exceeding one year, a fine not exceeding $5,000, or by both imprisonment and fine. [Amended during 2010 codification; Res. 08-19 § 1C 2040.7].
1.30.080 Candidate’s statement.
Board members will not include false or misleading information in a candidate’s statement for a general district election filed pursuant to Election Code Section 13307. Payment for the cost of candidate’s statement shall be borne by the candidate. [Res. 08-19 § 1C 2040.8].