California Attorney General Opinion 24-502

Syllabus

QUESTIONS: Does Public Utilities Code section 11865, a provision of the Municipal Utility District Act, require an appointed board member to step down before election day, which would necessarily occur before certification of the election results, thereby leaving a vacancy in office until a successor is seated? CONCLUSIONS: No. Under Public Utilities Code section 11865, an appointed board member must step down only when an elected successor takes office upon certification of the election.