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The Fire Protection District Law of 1987 is the foundation
cornerstone of a fire protections district in the State of California and is
found under the California Health and Safety Code beginning with Section
13800
Sometimes referred to as the Bergeson Fire District Law
the Fire District Law or 1987 succeeds the Fire Protection District Law of
1961 as the statutory authorization for formation and delivery of fire
services as a special district.
The Fire Protection District law outlines the formation of
a fire district, the board of directors, powers of the directors, services
that may be provided as well as the rights and powers of the district.
Did you know:
· Members of fire district boards must be a resident and
registered
· Voter of the district they serve.
· A quorum is a majority of the elected board. A
motion/resolution may be passed only with a majority vote of the total
board.
· The county treasurer shall act as the district
treasurer unless the board adopts a resolution appointing a district
treasurer. If a board appoints a district treasurer, this person must be
bonded by the district in the amount of $100,000 or 10% of the total amount
of the preceding year's final budget, which ever is greatest.
· Districts shall have the power to provide services
specifically listed with the act. Districts are not mandated to deliver all
listed services under section 13862.
· Districts are required to follow all applicable
provisions of the Meyers-Milias-Brown Act as it applies to employee (union)
membership.
· District directors are eligible for benefit programs so
long as the program is in the compliance with Chapter 2 of Part 1 of
Division 2 of Title 5 of the Government Code.
· Fire districts must adopt a preliminary budget on or
before June 30 of each year and must also publish a notice that such budget
is open and available for public inspection. The public must also be
notified of the date and time of adoption and must be allowed am opportunity
to be heard on any budget prior to adoption.
· Similar notification and provision of opportunities for
public review of Gann Limit calculations is also required.
· Boards are required to meet and elect officers with 60
days of each election.
· The Uniform District Election law, Part 3 23509 allows
newly elected Board members to take office on the first Friday of December
following their election.
· There is nothing in the law, which requires districts
to follow Roberts Rules of Order when conducting meetings and doing
business.
· The Fire District Law of 1987 specifically speaks to a
number of methods for obtaining and/or raising revenue. These methods are:
a. Levy of voter-approved special tax
b. Levy of special tax pursuant to Community Facilities Act (Mello-Roos CFA
of 1982)
c. Levy of special tax for fire and police protection
d. Levy of assessment for fire suppression services
e. Levy of assessments to finance capital improvements
Please note:
With the passage of Proposition 218 in November 1996, the
authority of fire districts to levy assessments, as an alternative revenue
source appears to have been removed. Districts should consult with legal
counsel as to the legality of levying any new assessments or fees under
Proposition 218.
Additional revenue sources commonly used to offset actual
costs of service provisions are fees. The board may adopt a schedule of fees
to be charged. It is possible to charge different fee rates to different
group types such as taxpayers vs. non-taxpayers. Fees may be charged to
other government agencies.
(Fire Districts of California, Fire District Handbook)
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