Summary
This California Attorney General Opinion addresses whether an appointed member of a municipal utility district board must resign before election day or only after the election results are certified. Analyzing Public Utilities Code section 11865, the opinion concludes that the appointee's tenure continues until an elected successor officially takes office following certification. The ruling prevents a gap in representation and aligns with legislative intent to maintain continuous board membership.
Topics
Practice areas
Questions Presented
- Does Public Utilities Code section 11865 require an appointed board member to step down before election day, thereby creating a vacancy until the elected successor is certified?
Holdings
- No. An appointed board member must step down only when an elected successor takes office upon certification of the election.
Key quotations
“Under Public Utilities Code section 11865, an appointed board member must step down only when an elected successor takes office upon certification of the election.”
Factual background
The East Bay Municipal Utility District (EBMUD) is organized under the Municipal Utility District Act. Its Board of Directors has seven members elected to staggered four‑year terms. Vacancies may be filled by appointment until the next district general election scheduled at least 90 days after the vacancy, after which an elected successor takes office upon certification of the election.