(Note: All References are to the California Government Code)

  • How is the district dissolution process started?

The process to dissolve a special district may be initiated by petition or by resolution of application by an affected local agency, such as a special district, a city, or the county. LAFCO may also initiate dissolution proceedings (56870, 56654, 56375(a)).

  • If the dissolution is initiated by petition, what are the signature requirements?

For registered-voter districts, by either of the following: (1) Not less than 10% of the registered voters within the district; or (2) Not less than 10% of the number of landowners within the district who also own not less than 10% of the assessed value of land within the district (56870).

  • If a registered voter petition is submitted, who determines if the signatures represent at least 10% of the registered voters?

The County Clerk/Registrar of Voters checks the signatures (56706).

  • How long do the petitioners have to collect signatures on the dissolution petition?

The petitioners have six months between the date of the first and the last signature (56705).

  • What if there are not enough valid signatures on the dissolution petition?

The petitioners have another 15-days to file a supplemental petition bearing additional signatures (56706).

  • After the signatures are certified as valid, when is the LAFCO hearing held?

Once the application is accepted for processing and a certificate of filing is issued by the Executive Officer, a Commission hearing must be held within 90 days (56658 (i)).

  • Can LAFCO deny a proposal to dissolve a special district?

The Commission can approve or disapprove with or without amendment, wholly, partially, or conditionally, proposals for changes of organization (such as special district dissolutions) Government Code Section 56375(a)

  • Can LAFCO be asked to reconsider a decision?

A written request for reconsideration of a LAFCO decision must be filed within 30-days of adoption of the Commission’s resolution making determinations (56895)

  • Can LAFCO approve the dissolution of a special district without an election?

The Commission is required to approve the dissolution of a special district without an election unless written protests are filed or a petition is submitted requesting an election at the conducting authority hearing GC 56854. (See below)

  • What is a Conducting Authority hearing?

The purpose of the conducting authority hearing is to allow registered voters or landowners within the district to formally “protest” Commission’s decision. Protest must be in writing and be submitted before the end of the conducting authority hearing (GC 57077).

  • What would cause an election to be held on the dissolution?

An election of the question of dissolution would be held if at least 25%, but

less than 50%, of the registered voters protest the dissolution (GC 57077 (a)(2)(A)). An election will also be called if a petition requesting an election is filed by at least 25% of the landowners or registered before the end of the protest hearing (GC 57114).

  • Can district dissolution proceedings be terminated at the conducting authority protest hearing?

If more than 50% of the registered voters within the district file written protests (57078 (b)) the dissolution shall be abandoned.

  • When can written protests or a petition requesting an election be filed?

The signatures cannot be collected until after the Commission adopts its resolution approving the dissolution and must be submitted prior to the end of the conducting authority protest hearing (CG 57051)

  • When is the conducting authority hearing held?

The Conducting Authority hearing is held 30 to 90 days after the Commission adopts it resolution making determinations (57002(a)).

  • What noticing is LAFCO required to complete for the Conducting Authority Hearing?

Notice must be published in the newspaper of general distribution 21 days prior to the hearing. 56154

Because the mailed notices would be more then 1,000, notice may instead be provided in a display advertisement placed in the newspaper of general distribution. 56157(g) & 65091(a (3)

  • If an election is to be held on the dissolution, who sets the election date?

The County of San Luis Obispo Board of Supervisors is required to set the date for the election. 57000 (d)(e)(f)

  • If dissolution occurs, what happens to the services provided by the District?

Government Code Section 57451(b) indicates that for the purpose of winding up the affairs of the dissolved district, if the territory of the dissolved district is located entirely within the unincorporated area the County is the successor agency unless a new agency is formed.