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HomeMy WebLinkAbout3.a. Appoint Secretary Pro Temxia i Central Contra Costa Sanitary District 30, BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 12, 2012 subject: ADOPT RESOLUTION NO. 2012 -026 APPOINTING ASSISTANT TO THE SECRETARY OF THE DISTRICT DONNA M. ANDERSON AS SECRETARY PRO TEM IN THE ABSENCE OF THE SECRETARY OF THE DISTRICT, AND APPOINTING THE FINANCE MANAGER (OR EQUIVALENT POSITION) AS ALTERNATE, AND RESCINDING RESOLUTION NO. 2001 -153 Submitted By: Elaine Boehme Initiating Dept/Div.: Administration Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: tir f Elaine Boehme KEiht Alm Ann E. Farrell Secretary of the District Counsel General Manager District ISSUE: It has been the practice of the District to delegate authority to the Director of Administration to assume the statutory responsibilities of the position of Secretary of the District during the absence of the Secretary of the District. At the December 20, 2001 Board meeting, Resolution No. 2001 -153 was adopted appointing Director of Administration Randall M. Musgraves as Secretary Pro Tem. Mr. Musgraves retired on Friday, March 30, 2012, and there are no immediate plans to fill the Director of Administration position. It is recommended that Assistant to the Secretary of the District Donna M. Anderson be appointed as Secretary Pro Tem in the Secretary of the District's absence, and appoint the Finance Manager (or equivalent position) as Alternate. RECOMMENDATION: Adopt attached Resolution No. 2012 -026 appointing Assistant to the Secretary of the District Donna M. Anderson as Secretary Pro Tem in the absence of the Secretary of the District, and appointing the Finance Manager (or equivalent position) as Alternate, and rescind Resolution No. 2001 -153. FINANCIAL IMPACTS: None associated with this action. ALTERNATIVES /CONSIDERATIONS: The Board may decide not to appoint a Secretary Pro Tem, or to appoint a different individual to serve in this capacity. N:\ADMINSUP\ADMIN\DIST- SEC \Position Papers\2012 \PP Appointing Secretary Pro Tem 4- 12- 12.doc 02/17/2011 POSITION PAPER Board Meeting Date: April 12, 2012 subject ADOPT RESOLUTION NO. 2012 -026 APPOINTING THE ASSISTANT TO THE SECRETARY OF THE DISTRICT DONNA M. ANDERSON AS SECRETARY PRO TEM IN THE ABSENCE OF THE SECRETARY OF THE DISTRICT, AND APPOINTING THE FINANCE MANAGER (OR EQUIVALENT POSITION) AS ALTERNATE; AND RESCINDING RESOLUTION NO. 2001 -153 BACKGROUND: California Health and Safety Code Section 6487 provides that, "All contracts, deeds, warrants, releases, receipts, and documents shall be signed in the name of the District by its President, and countersigned by its Secretary, except that the Board may, by resolution, authorize the District Manager or other district employees specified by the Board to sign contracts, warrants, releases, receipts, and similar documents in the name of the District." In accordance with the Health and Safety Code, the Board has adopted resolutions in the past appointing a Secretary Pro Tem to carry out the statutory responsibilities of the position during absences. Ms. Anderson has been with the District since August 2010, serving as Assistant to Secretary of the District since that time. She has worked closely with the Secretary of the District and been trained to fill in for her during absences. She will receive additional training as necessary to fulfill her official role as Secretary Pro Tem. RECOMMENDED BOARD ACTION: Adopt Resolution No. 2012 -026 appointing Assistant to the Secretary of the District Donna M. Anderson as Secretary Pro Tem, and appointing the Finance Manager (or equivalent position) as Alternate, and rescinding Resolution No. 2001 -153. N:\ADMINSUP\ADMIN \DIST- SEC \Position Papers\2012 \PP Appointing Secretary Pro Tem 4- 12- 12.doc RESOLUTION NO. 2012 -026 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT APPOINTING ASSISTANT TO THE SECRETARY OF THE DISTRICT DONNA M. ANDERSON AS SECRETARY PRO TEM, AND APPOINTING THE FINANCE MANAGER (OR EQUIVALENT POSITION) AS ALTERNATE, AND RESCINDING RESOLUTION 2001 -153 WHEREAS, Health and Safety Code Section 6487 states that "All contracts, deeds, warrants, releases, receipts, and documents shall be signed in the name of the District by its President, and countersigned by its Secretary, except that the Board may, by resolution, authorize the District Manager or other district employees specified by the Board to sign contracts, warrants, releases, receipts, and similar documents in the name of the District;" and WHEREAS, on December 20, 2001, the Board adopted Resolution No. 2001 -153, naming Director of Administration Randall M. Musgraves as Secretary Pro Tem; and WHEREAS, the Board of Directors considers it in the best interests of the District to appoint a Secretary Pro Tern to serve during any absence of the Secretary of the District to carry out the statutory responsibilities of that position. NOW, THEREFORE, BE IT RESOLVED BY THE Board of Directors of the Central Contra Costa Sanitary District ( "District ") as follows: Effective April 12, 2012, in accordance with California Health and Safety Code Section 6487, Assistant to Secretary of the District Donna M. Anderson is hereby appointed to serve as Secretary Pro Tern in the absence of the Secretary of the District. 2, Effective April 12, 2012, the Finance Manager (or equivalent position) is hereby appointed to serve as Alternate Secretary Pro Tern in the absence of the Assistant to the Secretary of the District. 3. Both positions are hereby authorized and empowered to act as Secretary Pro Tern of the Central Contra Costa Sanitary District with all the duties and obligations of that office, including the authority to execute any documents, warrants and checks in that capacity on behalf of the District whenever the Secretary of the District may be absent, in accordance with Health and Safety Code Section 6487. 4. Resolution No. 2001 -153 entitled "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT Central Contra Costa Sanitary District Resolution No. 2012 -026 Page 2 of 2 APPOINTING A SECRETARY PRO TEM," appointing Randall M. Musgraves as Secretary Pro Tem, is hereby rescinded. PASSED AND ADOPTED THIS 12th day of April, 2012, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District