§ 56885.5. — 56885.5. (Amended by Stats. 2015, Ch. 304, Sec. 10.)

California § 56885.5.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 3.
• Title 5.: DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000
• Part 3.: PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION
• Ch. 6.: CHAPTER 6. Commission Decision
• Art. 2.: ARTICLE 2. Terms and Conditions

Text

(a)
In any commission order giving approval to any change of organization or reorganization, the commission may make that approval conditional upon any of the following factors:
(1)
Any of the conditions set forth in Section 56886.
(2)
The initiation, conduct, or completion of proceedings for another change of organization or a reorganization.
(3)
The approval or disapproval, with or without election, as may be provided by this division, of any resolution or ordinance ordering that change of organization or reorganization.
(4)
With respect to any commission determination to approve the disincorporation of a city, the dissolution of a district, or the reorganization or consolidation of agencies that results in the dissolution of one or more districts or the disincorporation of one or more cities, a condition that prohibits a district that is being dissolved or a city that is being disincorporated from taking any of the following actions, unless it first finds that either an emergency situation exists as defined in Section 54956.5, or the legislative body of the successor, as designated by the commission has taken action approving one or more of the following actions:
(A)
Approving any increase in compensation or benefits for members of the governing board, its officers, or the executive officer
of the agency.
(B)
Appropriating, encumbering, expending, or otherwise obligating, any revenue of the agency beyond that provided in the current budget at the time the commission approves the dissolution or disincorporation.
(b)
If the commission so conditions its approval, the commission may order that any further action pursuant to this division be continued and held in abeyance for the period of time designated by the commission, not to exceed six months from the date of that conditional approval.
(c)
The commission order may also provide that any election called upon any change of organization or reorganization shall be called, held, and conducted before, upon the same date as, or after the date of any election to be
called, held, and conducted upon any other change of organization or reorganization.
(d)
The commission order may also provide that in any election at which the questions of annexation and district reorganization or, incorporation and district reorganization, or disincorporation and district reorganization are to be considered at the same time, there shall be a single question appearing on the ballot upon the issues of annexation and district reorganization or incorporation and district reorganization.

Legislative History

Amended by Stats. 2015, Ch. 304, Sec. 10. (AB 851) Effective January 1, 2016.