PAUL R. MINASIAN, INC. DUSTIN C. COOPER FACSIMILE: I I. July 15, 2011

Transcription

1

2 MINASIAN MEITH PAUL R. MINASIAN, INC. TELEPHONE: JEFFREY A. MEITH 530) M. ANTHONY SOARES SOARES SEXTON & DUSTIN C. COOPER FACSIMILE: I I DAVID J. STEFFENSON 530) COOPER LLf P ANDREW J. McCLURE ATTORNEYS AT LAW EMILY E. LaMOE A Partnership Including Professional Corporations WILLIAM H. SPRUANCE, 1681 BIRD STREET Of Counsel P.O. BOX 1679 OROVILLE, CALIFORNIA MICHAEL V. SEXTON, Of Counsel Writer's dcooper@minasianlaw.com George Barber, Manager and Members of the Board of Directors Paradise Irrigation District 6332 Clark Road Paradise, CA Dear George: Re: Vacancy on Board of Directors July 15, 2011 I understand that Director Kellog has requested an agenda item to discuss the possible vacature of Director Hall's seat. Accordingly, George Barber asked that I give the Board the grounds under which a director's seat is declared vacant. Attached is section 1770 of the California Government Code which lists the events causing vacancy in office. As a preliminary matter, the California Legislature has made it difficult to declare a seat vacate for any event other than death or resignation. The policy reasons for that are rooted in our democratic society. A majority of directors, for example, should not be able to remove other directors simply because they dislike the views of the other directors, or because they believe the minority directors are not discharging their duties in the manner the majority believes is appropriate. Section 1770 reflects the Legislature's goal of preserving diversity of opinion. The events causing vacancy listed in section 1770 are narrowly construed; doubts are resolved in favor of the public officer retaining his or her seat. I will give three examples of this principle. First, subdivision (e) of section 1770 provides that an office becomes vacant by: e) His or her ceasing to be an inhabitant of the state, or if the office be local and one for which local residence is required by law, of the district, county, or city for which the officer was chosen or appointed, or within which the duties of his or her office are required to be discharged.

3 George Barber and Members of the Board of Directors Paradise Irrigation District July 15, 2011 Re: Vacancy on Board ofdirectors Page 2. Directors of irrigation districts, like PID, must be a voter and resident of the division he or she represents throughout the entire term. Water ( Code 21100, subd. (a)). Whether a director has changed his or her residence is a question of both physical presence and an intention to make that place one's permanent home. (Walters v. Weed (1988) 45 Ca1.3d 1, 7). A director, like any other person, can only have one legal residence and it does not change until it is demonstrated that the director physically lives outside his or her division and the director intends to make the new location his or her permanent home. If the director physically lives outside the director's division, but does not have the requisite intent to permanently live outside the division, then his or her previous resident status remains. Second, subdivision (f) of section 1770 provides that an office becomes vacant by: f) His or her absence from the state without the permission required by law beyond the period allowed by law. Government Code section 1060 states that "No state or municipal officer shall absent himself from the state for more than 60 days" unless such absence is due to conducting the business of the state /municipality or is conducted with the consent of the legislature /governing body ofthe municipality. It is an open question of whether a director of an irrigation district is a "municipal officer" subject to the 60 day limitation. While the phrase "municipal officer" is not defined, we believe that directors of an irrigation district are "municipal officers" subject to the 60 day limitation. A number of early cases emphasize that irrigation districts are public corporations for municipal purposes. (Crawford v. Imperial Irrigation Dist. (1927) 200 Cal. 318; Nissen v. Cordua Irrigation Dist. 1928) ( 204 Cal. 542; In re Lindsay- Strathmore Irrigation Dist ( D. Cal.) 21 F. Supp. 129). If an irrigation district is a public municipal corporation, it stands to reason that its directors are municipal officers. Third, subdivision (g) of section 1770 provides that an officer becomes vacant by: g) His or her ceasing to discharge the duties of his or her office for the period of three consecutive months, except when prevented by sickness, or when absent from the state with the permission required by law... If a director misses the regular and special meetings for three consecutive months, the seat is deemed vacant. The absence must be complete; if the director were able to attend just one meeting every three months even one specially set this provision is unavailable.

4 George Barber and Members of the Board of Directors Paradise Irrigation District July 15, 2011 Re: Vacancy on Board ofdirectors Page 3. I look forward to answering any questions you may have at the meeting. Very truly yours, MINASIAN, MEITH, SOARES, SEXTON & COOP By: P DUSTIN C. COOPER DCC:aw

5 California Residency Law ehow 1 of 4 1/14/2016 4:04 PM Related Searches Chapter 7 Law Child Custody Law Residency Law Certificate Law Form

6 California Residency Law ehow 2 of 4 1/14/2016 4:04 PM Sponsored Links Free Residency Affidavit Hyatt Place Washington DC/US Capitol LendingTree Personal Loan Free Public Record Search