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ITEM: |
ACTION ITEM |
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12. |
SPECIFY METHOD FOR SELECTION OF DIRECTOR TO FILL VACANCY IN VOTER
DIVISION 2 |
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Meeting Date: |
October 20, 2014 |
Budgeted: |
N/A |
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From: |
Dave Stoldt, |
Program/ |
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General Manager |
Line Item No.: |
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Prepared By: |
Dave Stoldt |
Cost Estimate: |
N/A |
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General Counsel Review: N/A |
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Committee Recommendation: N/A |
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CEQA Compliance: N/A |
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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
Appointment by MPWMD Board: The appointment must be made by October 21, 2014. The person appointed to fill the vacancy shall hold office until November 2015, the next scheduled general district election. 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.
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. The next consolidated election would be a polling-place election on November 3, 2015. However, the Board may have the option to conduct a special election at an earlier date, which would require consultation with the County Registrar of Voters. The approximate cost to the District would be an additional $52,000 if an election in Division 2 was conducted with the regularly scheduled election in Divisions 4 and 5 in November 2015. The cost for a special election could be on the order of $175,920. The person who is elected shall hold office through the end of the unexpired term of office for Division 2, which is November 2017. Note that the costs to conduct an election are based on prior experience with the Monterey County Elections office.
The Board discussed this issue at the September 15, 2014 meeting and deferred a decision to the October 20, 2014 meeting. It was agreed that letters of interest would be received, and the Directors could independently review such material and could choose to independently meet with candidate(s). The Board has the option of continuing the item to a Special Board meeting on October 21, 2014, if it desires more time for deliberation.
Notice of the vacancy in Division 2 was posted in 14 locations within the Water Management District boundaries, and published once in the Monterey County Herald. The notice stated that letters of interest would be received until 5 pm at the District office on October 20, 2014, and at the 7 pm Board meeting.
RECOMMENDATION: The General Manager recommends the Board appoint a successor candidate if a viable candidate emerges rather than incur the cost of an election.
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
U:\staff\Boardpacket\2014\20141020\ActionItem\12\item12.docx