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HomeMy WebLinkAbout09. Authorize consolidation of 11-03-2020 election with the statewide election Page 1 of 6 Item 9. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: JUNE 4, 2020 SUBJECT: ADOPT RESOLUTION NO. 2020-019 CALLING FOR NOVEMBER 3, 2020 ELECTION, REQUESTING CONSOLIDATION OF THE DISTRICT ELECTION WITH THE STATEWIDE ELECTION, SETTING FORTH DISTRICT REQUIREMENTS FOR CANDIDATE STATEMENTS, SOLICITING AN OPTION FOR ADDRESSI NG TIE VOTES, AND DIRECTING THE SECRETARY OF THE DISTRICT TO FILE THE RESOLUTION WITH THE ELECTIONS DEPARTMENTAND COUNTY BOARD OF SUPERVISORS SUBMITTED BY: INITIATING DEPARTMENT: KATIE YOUNG, SECRETARY OF THE SECRETARYOF THE DISTRICT DISTRICT ISSUE A resolution calling for the election, requesting consolidation of the election with the statewide election, and setting forth requirements for Candidate Statements and other matters must be filed with the Elections Department and the County Board of Supervisors several months prior to the November 3, 2020 election. BACKGROUND A District election will be held on November 3 for the election of three Board Members. The terms of office for Board Members Paul H. Causey, James A. Nejedly and Tad J. Pilecki end in December, 2020. Elections Code Section 10402.5 provides that Special Districts shall request that election of their Board Members be held on the same day as a statewide general election. To accomplish that, the Board must adopt resolution requesting such consolidation and file it with the Elections Department and the County Board of Supervisors. The resolution also calls for the election to be held on November 3, 2020 and establishes requirements for Candidate Statements and several other matters. Candidate Statements The Board of Directors must reaffirm or modify the District's regulations regarding the word limit, payment of costs, and payment of deposit for Candidate Statements. In years past, the District has limited the length of Candidate Statements to 250 words. The estimated cost for each Candidate Statement in 2020 is $4,046.40. Candidate Statements over 250 words would be double in price. Since 1996, Central San has shared in the cost of publication of Candidate Statements by requiring candidates June 4, 2020 Regular Board Meeting Agenda Packet- Page 384 of 449 Page 2 of 6 to pay$500 toward the publication cost, with the District paying the balance. In 2017, the Board memorialized this practice in a new Board Policy, No. BP 028 - Cost Sharing of Candidate Statements which states in part: The Board desires to facilitate and encourage participation of candidates in District elections and chooses to do this by contributing to the cost of the Candidate Statements. The Policy underwent its biennial review in April 2019 and no changes were made. Therefore, all candidates running for Central San's Board in 2020 will be required to pay$500 toward the publication cost of their statement. A copy of BP 028 is included as Attachment 1. Nomination Period The four-week candidate nomination period begins at 8 a.m. on Monday, July 13, 2020 and ends at 5 p.m. on Friday,August 7, 2020. If an incumbent does not file, the nomination period is extended 5 calendar days, ending at 5 p.m. on Wednesday,August 12, 2020 for non-incumbents only. Action to be Taken in the Event of a Tie Vote in the unlikely event of a tie vote, Elections Code Section 15651 authorizes the Board to determine from the following two options what action would be taken: (a) The winner shall be determined by lot at a time and place designated by this Board; or (b) The Board will call a special runoff election on the sixth Tuesday following the election at which the tie vote occurred. It is recommended that the Board select option (a), as this would not incur any additional costs. A draft resolution is attached for Board consideration. A certified copy of the final resolution will be provided to the Elections Office and the County Board of Supervisors. ALTERNATIVES/CONSIDERATIONS Statutory provisions (Elections Code Section 10402.5) effectively require the District to consolidate its election when it is held on a statewide election date. District regulations for the payment and size of Candidate Statements may be modified or reaffirmed, in accordance with Elections Code Section 13307. FINANCIAL IMPACTS The estimated cost for the 2020 election submitted by the Elections Department is $1.25 - $1.75 per registered voter. The estimated number of registered voters in the District as of May 17, 2020 was 219,370, which amounts to an election cost of $274,213 - $383,898, if an election is conducted. There will be additional charges for processing and publication of the Notice of Election and Candidate Statements. With regard to the cost of Candidate Statements for the 2020 election, the County estimates that each Candidate Statement will cost approximately$4,046. If the Board adopts the same regulations as in prior years, where the candidate pays the first$500 and the District pays the balance, the District's share would be $3,546 per statement. If only the three incumbents run, no election will be necessary. The incumbents would then be appointed in lieu of election and the cost would be minimal. COMMITTEE RECOMMENDATION This matter was not reviewed by a Board Committee. June 4, 2020 Regular Board Meeting Agenda Packet- Page 385 of 449 Page 3 of 6 RECOMMENDED BOARD ACTION Adopt a resolution calling for the November 3, 2020 election, requesting consolidation of the election with the statewide election, setting forth requirements for Candidate Statements (word count and cost sharing), selecting an option for addressing tie votes, and directing the Secretary of the District to file the resolution with the Elections Department and County Board of Supervisors. ATTACHMENTS: 1. BP 028 - Cost Sharing of Candidate Statements 2. Draft Resolution June 4, 2020 Regular Board Meeting Agenda Packet- Page 386 of 449 Page 4 of 6 Number: BP 028 Authority: Board of Directors -- Effective: April 7, 2017 Revised: CENTRALSAN - Reviewed: April 16, 2019 ENTRALSAMOR Initiating Dept./Div.: Secretary of the District BOARD POLICY COST SHARING OF CANDIDATE STATEMENTS PURPOSE To establish the level of contribution towards the cost of Candidate Statements for candidates running for the Central San Board of Directors. BACKGROUND The Contra Costa Elections Office conducts the biennial elections for the Central San Board of Directors. Each election, the Elections Office requires that the Board of Directors determine who pays for Candidate Statements for candidates running for the District Board. The Board desires to facilitate and encourage participation of candidates in District elections and chooses to do this by contributing to the cost of the Candidate Statements. POLICY It is the policy of the Board of Directors that it will continue the past practice of requiring each candidate running for the District Board who files a Candidate Statement to pay $500 toward the cost of that statement, with Central San paying the remaining balance. [Original Retained by the Secretary of the District] June 4, 2020 Regular Board Meeting Agenda Packet- Page 387 of 449 Page 5 of 6 RESOLUTION NO. 2020- RESOLUTION OF THE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ORDERING THE ELECTION OF DISTRICT BOARD MEMBERS AND REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION, AND OTHER RELATED ACTIONS WHEREAS, California Elections Code requires a general District election be held to choose a successor for each elective officer whose term will expire on the first Friday in December following the election to be held on the first Tuesday after the first Monday in November in each even-numbered year; and WHEREAS, other elections may be held in whole or in part of the territory of the District and it is to the advantage of the District to consolidate pursuant to Elections Code Section 10400; and WHEREAS, Elections Code Section 10520 requires each district involved in a general election to reimburse the County for the actual costs incurred by the County Elections Official in conducting the election for that district; and WHEREAS, Elections Code Section 13307 requires that before the nominating period opens, the District Board must determine whether a charge shall be levied against each candidate submitting a Candidate Statement to be sent to the voters, may establish the cost, and determine whether the cost shall be paid in advance; and WHEREAS, Elections Code Section 15651 states that the District may select a method for addressing a tie vote; and WHEREAS, Elections Code Section 12112 requires the Elections Official of the principal county to publish a notice of the election once in a newspaper of general circulation in the District. NOW, THEREFORE, IT IS ORDERED that an election be held within the territory included in the Central Contra Costa Sanitary District on the 3rd day of November 2020, for the purpose of electing members to the Board of Directors of Central Contra Costa Sanitary District in accordance with the following specifications: 1. The election shall be held on Tuesday, the 3rd day of November 2020. The purpose of the election is to choose members of the Board of Directors for the following seats: Board Member 2020-2024 Four-year term Board Member 2020-2024 Four-year term Board Member 2020-2024 Four-year term 2. The District Board has determined that each candidate will pay $500 toward the cost of their Candidate Statement at the time of filing nomination papers, and the District will pay the balance after the election costs have been determined. June 4, 2020 Regular Board Meeting Agenda Packet- Page 388 of 449 Page 6 of 6 Resolution No. 2020- Central Contra Costa Sanitary District Page 2 3. In the event of a tie vote, the winner shall be determined by lot at a time and place designated by this Board. 4. The District appoints the Contra Costa County Elections Department as the Elections Official and directs them to publish the Notice of Election in a newspaper of general circulation that is regularly circulated in the territory. 5. The District Board hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the District, pursuant to Elections Code Section 10400. 6. The District will reimburse the County for the actual cost incurred by the Elections Official in conducting the District election upon receipt of a bill stating the amount due, as determined by the Elections Official. 7. The Secretary of the District is hereby authorized and directed to transmit a certified copy of this resolution to the Elections Office and to the Contra Costa County Board of Supervisors. 8. The consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418 and in accordance with the applicable procedures and practices of the Elections Official. PASSED AND ADOPTED by the Board of Directors of Central Contra Costa Sanitary District this 4t" day of June 2020, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Michael R. McGill, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young 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 June 4, 2020 Regular Board Meeting Agenda Packet- Page 389 of 449