ITEM:

ACTION ITEM

 

14.

SPECIFY METHOD FOR SELECTION OF DIRECTOR TO FILL VACANCY IN VOTER DIVISION 2

 

Meeting Date:
September 15, 2014

Budgeted: 

N/A

 

From:

Dave Stoldt,

Program/

N/A

 

General Manager

Line Item No.:

 

 

 

 

Prepared By:

Dave Stoldt

Cost Estimate:

N/A

 

General Counsel Review:  N/A

Committee Recommendation:  N/A

CEQA Compliance:  N/A 

 

SUMMARY:  At its August 18, 2014 meeting the Board was apprised of Director Thayer’s resignation from the Board effective August 22, 2014. 

 

The Board must develop a plan for selection of a new Division 2 representative.  Government Code Section 1780 provides the Board with two options within 60 days of the effective date: appoint a new director, or set a date for a local election.  If a decision is not made in that timeframe, 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 October 21, 2014.  It could be done at the next regularly scheduled Board meeting October 20th.  The person appointed to fill the vacancy shall hold office until November 2015, the next scheduled general district election year.  The person who is elected in 2015 shall hold office through the end of the unexpired term of office for Division 2, which is November 2017.  The decision to appoint and a notice of vacancy must be posted at least 15 days before such an appointment is to be made.

 

Election Date Set by MPWMD Board:  In lieu of appointment, the Board has until October 21, 2014, 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 in June 2015.  The approximate cost to the District would be $150,000 to $200,000. The person who is elected shall hold office through the end of the unexpired term of office for Division 2, which is November 2015. Note that the costs to conduct an election are based on prior experience with the Monterey County Elections office. 

 

RECOMMENDATION:  The General Manager recommends the Board appoint a successor candidate if a viable candidate emerges rather than incur the cost of an election.  The Board should circulate notice of vacancy, solicit and accept letters of interest/statements of qualifications from candidates, determine a review process (see DISCUSSION, below), and make an appointment at its October 20th regular meeting.

 

DISCUSSION:  If the MPWMD Board decides to appoint a person to fill the vacancy in Division 2, a method for selection of the appointee must be established.   Listed below are three selection methods for the Board to consider, or it could develop another plan.

 

Solicit letters of interest/statements of qualifications:  After public notification of the vacancy and the intent to appoint, the District would accept statements of interest from potential candidates.  Directors would independently review such material and could choose to independently meet with candidate(s).  A Director would need to place a candidate’s name into nomination for appointment, no second required, subject to majority approval of the Board.  See also method used by Pacific Grove in 2010, below.

 

            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 2; (3) Conduct 15 minute interviews of each candidate at the special Board meeting; (4) At October 20th regular meeting, 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 2 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) At the October 20th regular meeting 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.

 

IMPACT ON STAFF/RESOURCES:  Money is not budgeted for an election expenditure in Fiscal Year 2014-2015.  However, funds could be assigned to conduct a special election in the February 2015 mid-year budget adjustment.

 

EXHIBITS 

None

 

 

 

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