Policy: Comments from Affected Districts and Agencies

Legal Authority

The California Government Code defines an affected district and affected local agency as:

"Affected district" means any special district, as defined by Section 56036, that contains or would contain, or whose sphere of influence contains or would contain, any territory for which a change of organization is proposed or ordered either singularly or as part of a reorganization.

"Affected local agency" means any local agency that contains, or would contain, or whose sphere of influence contains or would contain, any territory for which a change of organization is proposed or ordered, either singularly or as part of reorganization or for which a study is to be reviewed by the commission.

The law further states that the commissions shall review specific factors. Specifically California Government Code §56668 states the factors to be considered as follows:

Factors to be considered in the review of a proposal shall include, but not be limited to, all of the following:

(i) The comments of any affected local agency or other public agency.

The law gives little guidance on the weight a commission should give to the comments from an affected district or affected local agency in the commission’s review and consideration.

Background and Discussion

The Commission believes local jurisdictions should work cooperatively to solve problems and create partnerships in the delivery of services. When conflicts exist between an applicant agency and an affected district or affected local agency, the Commission, in making its decision, shall attempt to resolve the conflict based on applicable laws and the merits of the proposal. Where possible, the Commission encourages the agencies to resolve such conflicts prior to the LAFCO hearing on the proposal.

Adopted: 2006
Amended: June 5, 2013