September 01, 2006

Appointed Water Board Member Must Stand for Election

This court of appeal decision addresses the following issue:

"Whether an official appointed to the Upper San Gabriel Valley Municipal Water District (“District”) is required to stand for election to fill the unexpired portion of the four year term to which he was appointed."

The Court summarized its conclusion as follows:

"Having considered the entire statutory scheme in context, construing [Government] section 1780 in a manner that harmonizes and gives effect to all parts and phrases of the statute, and giving due deference to the public’s right to vote for its representatives, we conclude that a person appointed to fill a vacancy created during the first half of the four year term of office on the governing board of the District may serve only until the person elected at the next general election takes office. In this case, the next general election is November 2006, the mid-point in the four-year term that commenced in January of 2005."

Posted by Randy Riddle at September 1, 2006 03:16 PM