Code Section Group

Harbors and Navigation Code - HNC

DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340]

  ( Division 8 enacted by Stats. 1937, Ch. 368. )

PART 3. HARBOR DISTRICTS [6000 - 6110]

  ( Part 3 enacted by Stats. 1937, Ch. 368. )

CHAPTER 2. Harbor Commission [6050 - 6086]

  ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

ARTICLE 1. Election and Terms [6050 - 6056]
  ( Article 1 enacted by Stats. 1937, Ch. 368. )

6050.
  

Each district formed pursuant to this part shall be governed by a board of five harbor commissioners, who shall hold office for the term of four years from 12 o'clock noon on the first Monday after the first day of January succeeding their election, and until their successors are elected and qualified.

(Amended by Stats. 1941, Ch. 997.)

6051.
  

The first board shall be elected at the election for the formation of the district, and the two candidates for commissioner receiving the highest number of votes shall hold office until the expiration of four years from 12 o'clock noon of the first Monday after the first day of January of the odd-numbered year next succeeding the formation of the district, and until their successors are elected and qualified, and the candidates for commissioner receiving the third, fourth and fifth highest number of votes shall hold office until the expiration of two years from 12 o'clock noon of the first Monday after the first day of January of the odd-numbered year next succeeding the formation of the district, and until their successors are elected and qualified.

(Amended by Stats. 1941, Ch. 997.)

6052.
  

There shall be an election for harbor commissioners within each district on the first Tuesday after the first Monday of November of each even-numbered year.

(Amended by Stats. 1965, Ch. 540.)

6053.
  

A candidate for harbor commissioner shall be a registered voter of the proposed or existing district, and shall qualify for election by securing a nomination paper proposing his or her candidacy for the office of harbor commissioner signed by not less than 25 but not more than 50 qualified electors of the district.

(Amended by Stats. 2002, Ch. 221, Sec. 63. Effective January 1, 2003.)

6054.
  

Any qualified voter in the proposed or existing district may sign as many nomination papers as there are commissioners to be elected.

At the first and any subsequent election for commissioners, all candidates shall file their nomination papers with the county elections official of the county, not more than 113 nor less than 88 days before the day of election.

(Amended by Stats. 2002, Ch. 221, Sec. 64. Effective January 1, 2003.)

6054.1.
  

If on the 60th day prior to a general district election only one person has been nominated for each of the offices to be filled at that election or no person has been nominated for any such office or offices, and a petition signed by 5 percent of the voters requesting that the election be held has not been presented to the district board, an election shall not be held.

(Amended by Stats. 1971, Ch. 74.)

6054.2.
  

If, pursuant to Section 6054.1, no election is held, the board of supervisors of the county in which the district is situated shall appoint those nominated for the offices or shall, if no person has been nominated, appoint any qualified person to the office. Any person thus appointed shall qualify, take office, and serve as if elected at a general district election.

(Added by Stats. 1965, Ch. 540.)

6054.3.
  

Where the office of a commissioner becomes vacant during his term the vacancy shall be filled for the unexpired portion of the term by appointment by the majority of remaining commissioners, and if not so filled within 30 days after the vacancy, it shall be filled by appointment by the board of supervisors pursuant to Section 1778 of the Government Code.

(Added by Stats. 1967, Ch. 663.)

6055.
  

The commissioners elected at the first election shall, within 10 days from the date of the canvass of the returns of the election, enter upon the duties of office. Before entering upon the duties of his or her office, each commissioner shall take and subscribe the official oath before the secretary or an officer authorized by law to administer oaths and shall file it with the county elections official of the county in which the district is situated.

They shall elect one of their number as president or chairperson and one of their number as secretary. The president or chairperson and secretary shall serve at the pleasure of the board.

(Amended by Stats. 2003, Ch. 389, Sec. 1. Effective January 1, 2004.)

6056.
  

Each commissioner upon taking the oath of office, and for each term, shall file with the county elections official of the county in which the district is situated, a bond in the sum of five thousand dollars ($5,000), made payable to the district and conditioned on the faithful performance of his or her duties; the bonds are subject to approval by the board of supervisors of the county.

(Amended by Stats. 2002, Ch. 221, Sec. 66. Effective January 1, 2003.)

HNCHarbors and Navigation Code - HNC