ITEM: |
ACTION ITEM |
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23. |
ADOPT PLAN FOR SUBMISSION
AND REVIEW OF ARGUMENTS FOR OR AGAINST THE MONTEREY PENINSULA WATER SYSTEM LOCAL
OWNERSHIP AND COST SAVING INITIATIVE |
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Meeting Date: |
February 13, 2014 |
Budgeted: |
N/A |
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From: |
David J. Stoldt |
Program/ |
N/A |
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General Manager |
Line Item No.: N/A |
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Prepared By: |
David J. Stoldt |
Cost Estimate: |
N/A |
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General Counsel Approval: N/A |
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Committee Recommendation: The Public Outreach Committee reviewed this
item on February 6, 2014 and recommended approval.
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CEQA Compliance: N/A |
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SUMMARY: Section 9315 of the California Elections Code provides that Initiative proponents may file a written argument in favor of the ordinance, and the District Board “may submit an argument against the ordinance.” The Registrar’s office has also confirmed that when the County conducts an election on behalf of a district, arguments and rebuttals fall within section 9162. Section 9162 (a) provides,
“The board of supervisors or any member or members of the board, or any individual voter who is eligible to vote on the measure, or bona fide association of citizens, or any combination of these voters and associations may file a written argument for or against any county measure. No argument shall exceed 300 words in length. . .”
Section 9162 sets forth the requirements for the length and form of the argument. Section 9167 allows both parties to submit rebuttal arguments, or to authorize others to prepare, submit or sign rebuttal arguments.
At its February 7, 2014 meeting the Public Outreach Committee recommended that the District not author any arguments in favor or against the Initiative, rather maintain its neutral position and instead continue to execute the required ministerial duties required under the initiative process. The Committee further recommended that District staff and General Counsel assume responsibility for receiving from outside parties and conveying to the County Registrar the arguments for, against, and rebuttals.
RECOMMENDATION: The Public Outreach Committee recommends the Board of Directors (a) adopt a neutral policy with respect to arguments for, against, and rebuttals with respect to the
Initiative and (b) assign District staff and General Counsel responsibility for receiving from outside parties and conveying to the County Registrar the arguments for, against, and rebuttals.
EXHIBITS
None
U:\staff\Boardpacket\2014\20140213\ActionItems\23\item23.docx