California Attorney General Opinion 24-502

BACKGROUND

The East Bay Municipal Utility District (EBMUD or District) has been organized under the Municipal Utility District Act (Act) since 1923. 1 The Public Utilities Code 1 24-502 authorizes a municipal utility district to provide district residents with “a panoply of services including water, power, garbage, sewer, and transportation.” 2 The District Board of Directors comprises seven members elected from wards within the EBMUD service area. 3 Board members are elected to staggered four-year terms at the biennial general election.

The Act allows the board of directors of a municipal utility district to fill a vacancy on the board through appointment or election. Public Utilities Code section 11865 provides, in relevant part:

Vacancies on the board shall be filled as provided in this section:

(a) The remaining board members may fill the vacancy by appointment until the next district general election that is scheduled 90 or more days after the effective date of the vacancy. . . .

[¶] . . . . [¶]

(d) A person elected at an election to fill a position to which an appointment was made pursuant to this section shall take…