HomeMy WebLinkAboutMINUTES - 08131991 - 2.4 2. 4
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 13 , 1991 by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Byron Fire Protection District Elected Board
The Board on July 23 , 1991, referred to County Counsel petitions
requesting the Board of Supervisors to adopt a resolution to place on
the ballot the question of the Board of Directors of the Byron
Fire Protection District being elected.
The Board received a report dated August 12, 1991, from County
Counsel on the referenced subject recommending that the Board take no
action on the petitions because Health and Safety Code Section 13848
does not apply to the Byron Fire Protection District. A copy of the
report is attached and included as a part of this document.
IT IS BY THE BOARD ORDERED that the recommendation of County
Counsel is APPROVED.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
cc: Christopher P. Schlies ATTESTED: /"�' If'5�1
P.O. Box' 19 4 6 PHIL BATC ..LOa,Clerk of the Board
Pleasanton, CA 94566-0194 of Supervisors and County Administrator
Supervisor Torlakson By
County Counsel
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: August 12 , 1991
To: Board of Supervisors
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From: Victor J . Westman, County Counsel
Re: Petitions Asking for Election of Byron Fire District Board
pursuant to H . &S .C . § 13848 .
Recommendation . Take no action on the petitions to call an
election because Health and Safety Code section 13848 does not apply
to the Byron Fire Protection District .
Background. This responds to your referral to this Office of the
"Petition[ s ] for Popular Election of Board of Directors of Byron Fire
District" and the request that an election be called on the question
of whether the Board of the Byron Fire Protection District should be
elected . The petition seeks to change from an appointed to elected
governing board under the Fire Protection District Law of 1987 ,
specifically Health and Safety Code section 13848 . Health and Safety
Code section 13848 of the 1987 Law requires an election on the issue
of changing from an appointed to an elected board if 25% of the
registered voters of the involved fire district sign the petition( s ) .
However, Health and Safety Code section 13803 , part of the
introductory provisions to the 1987 Law specifically provides that
for fire districts of the type in question (governed by a board of
Supervisors and formed under the 1961 Fire Protection District Law) ,
the provisions of Chapter 4 of the 1961 Law govern as to the nature
of (and changes to) the governing board of those fire districts .
The above-noted provisions of the 1987 Fire Protection District
Law apply to Byron Fire Protection District. Section 13803 states
that the number and method of selection of a district' s board of
directors (when it is a board of supervisors ) shall continue to be
governed by Chapter 4 (commencing with § 13831 ) of the 1961 Fire
Protection Law as it read just before it was repealed. Chapter 4 of
the 1961 Act (§§ 13831-13845 ) deals with boards of directors .
Under the 1987 Act and its section 13803, there are no applicable
provisions for converting from a board of supervisors governed
special district to an independent special district . As noted above,
section 13848 of the 1987 Act provides for changing from an appointed
to an elected board (or from elected to appointed) by resolution or
Board of Supervisors -2- August 12 , 1991
petition of 25% of the registered voters to place the question on an
election ballot . However, section 13848 does not apply to board of
supervisors ' governed fire districts because they are subject to the
provisions of Chapter 4 of the 1961 Act regarding boards of directors
(Health & Saf . Code, § 13803 ) .
While there is an opinion of the California Legislative Counsel
( #15496 , dated 6-1-89 ) which comes to a different view of section
13803 , we believe Senator Boatwright (who requested the opinion) and
the Legislative Counsel where not in 1989 provided with correct facts
concerning local fire district organization in this area . In our
opinion Health and Safety Code section 13803 clearly means what it
says and the provisions of Chapter 4 o the 1961 Law govern (and not
the provisions of § 13848 ) .
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