ITEM:		ACTION ITEMS
16.	Receive Alvin Edwards’ Resignation from the Board and Specify Method for Selection of Director to Fill Vacancy in Voter Division 1
Meeting Date:			November 15, 2010	Budgeted:	N/A
From:			Darby Fuerst	Program/		N/A
			General Manager	Line Item No.:
Prepared By:			Arlene Tavani	Cost Estimate:	N/A
General Counsel Review: Yes
Committee Recommendation: On October 28, 2010, the Board Chair and Vice Chair discussed this item and requested that the Board determine the appropriate method for selection of a Director to fill the vacancy in Voter Division 1.
CEQA Compliance: N/A

SUMMARY: Attached as Exhibit 16-A is a letter of resignation from Director Alvin Edwards, Division 1, who was elected to the Seaside City Council on November 2, 2010 and is prohibited by California law from serving concurrent terms on the MPWMD Board and the City Council. Director Edwards’ resignation will be effective November 30, 2010.

The Board must develop a plan for selection of a new Division 1 representative. Government Code Section 1780 provides the Board with two options: appoint a new director, or set a date for a local election. If a decision is not made by January 29, 2011, the Board’s power to appoint or to set an election is transferred to the County Board of Supervisors, which for thirty days then has the authority to appoint a person to fill the vacancy or order the District to set a date for an election. Should the County Board of Supervisors fail to act within that period, the District Board is then required to set an election to fill the vacant seat.

Appointment by MPWMD Board: The appointment must be made by January 29, 2011. The person appointed to fill the vacancy shall hold office until November 2011, the next scheduled general district election year. The person who is elected in 2011 shall hold office through the end of the unexpired term of office for Division 1, which is November 2013.

Election Date Set by MPWMD Board: In lieu of appointment, the Board has until January 29, 2010, to call an election to fill the vacancy on the next established election date provided for in Elections Code section 1000 that is 130 or more days after the decision is made to call an election. That date would be a polling-place election on June 7, 2011. The approximate cost to the District would be $157,320. The person who is elected shall hold office through the end of the unexpired term of office for Division 1, which is November 2013. Note that the costs to conduct an election are based on preliminary estimates from the Monterey County Elections office. Cost savings might be achieved should the District contract with an alternate elections provider, such as was utilized by the City of Carmel-by-the-Sea in a recent election.

Appointment/Election by Board of Supervisors: By January 29, 2011, if the Board has not appointed a person to fill the vacancy, nor set a date for a special election, the Monterey County Board of Supervisors would have until February 28, 2011 to appoint a new director or order the District to set a date for an election.

If the MPWMD Board decides to appoint a person to fill the vacancy in Division 1, a method for selection of the appointee must be established. Listed below are two selection methods for the Board to consider, or it could develop another plan.

Method Utilized by MPWMD Board in 1990 Following the Death of Director Bob Russell: (1) Set a date for a special Board meeting to interview candidates; (2) Post notice that the District is accepting applications for the position of Director in Division 1; (3) Conduct 15 minute interviews of each candidate at the special Board meeting; (4) Prior to January 29, 2011, conduct a Board meeting to select the new director. At that meeting, provide each director with a ballot that lists all candidates. Each director will rank the top three candidates by assigning a score of 1, 2 or 3 to each of three candidates. The Board secretary will collect the ballots, and read each one aloud. The candidate who receives the highest number of votes would be appointed to the position of Division 1 Director, and take the oath of office at that meeting.

Method Utilized by the City of Pacific Grove in 2010 Following the Resignation of a Councilmember: (1) Conduct 15 minute interviews of each candidate at a special Board meeting. (2) Prior to January 29, 2011, conduct a Board meeting to select the new director. At that meeting, accept nominations from the Board by motion, no second required. Receive a motion to close nominations. (3) Each Director will cast a vote for ONE nominee. (4) If no single person receives a majority (4 votes), a new round of nominations would be conducted. This would continue until a single candidate receives four votes.

RECOMMENDATION: Staff recommends that the Board accept the resignation of Director Alvin Edwards and decide if a new director for Division 1 will be appointed by the Board, or if a polling-place election will be set for June 7, 2011, with an approximate cost of $157,320.

IMPACT ON STAFF/RESOURCES: Money is not budgeted for an election expenditure in Fiscal Year 2010-2011. However, funds could be assigned to conduct a special election in the February 2011 mid-year budget adjustment.

EXHIBITS

16-A Letter of Resignation from Director Alvin Edwards, Division 1

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