Price

Price v. Tennant Community Services District

Caution
194 Cal. App. 3d 491·1987 Cal. App. LEXIS 2059·239 Cal. Rptr. 572
Court of Appeal of CaliforniaAugust 26, 1987C000964California3,508 words

Opinion

Opinion

Sparks, J.

This case turns on who is empowered to fill vacancies on the board of directors in a community service district when only one director remains in office. The issue is whether the county board of supervisors or the remaining director has the power of appointment. Norma Price, the Siskiyou County Clerk, instituted a declaratory relief action against Tennant Community Services District (TCSD) and its then sole remaining director, Janet Chessler, to determine whether a single remaining director of a community services district was authorized under Government Code section 1780 to make appointments to the vacancies on the district’s board of directors. The trial court concluded a sole remaining director had such authority. We conclude otherwise and shall reverse.

Factual Background

TCSD is a community services district created under the Community Services District Law. (Gov. Code, § 61000 et seq.) It has an authorized board of directors consisting of five members. The board of directors of TCSD began its variation on the theme of Ten Little Indians in the spring of 1986. At the beginning of May 1986 there existed one vacancy on the board which was scheduled to be filled by…

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