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HomeMy WebLinkAbout01. Hold discussion to consider options and direct staff to fill a District 3 Board Member seat vacancy Page 1 of 8 Item 1. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: MARCH 9, 2023 SUBJECT: (AMENDED) CONSIDERATION OF, AND DIRECTION TO STAFF REGARDING OPTIONS TO FILLA DISTRICT 3 VACANCYON THE BOARD OF DIRECTORS CREATED BYTHE PASSING OF FORMER BOARD MEMBER DAVID R. WILLIAMS SUBMITTED BY: INITIATING DEPARTMENT: KATIE YOUNG, SECRETARY OF THE SECRETARYOF THE DISTRICT DISTRICT Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE With the passing of Board Member David R. Williams, a vacancy has occurred on the Central San Board of Directors. If a vacancy occurs on the Board, State Government Code Section 1780 requires the Board of Directors, within 60 days from the commencement of the vacancy, to either fill the vacancy by appointment or call a special election. BACKGROUND I n November 2022, Board Member David R. Williams was reelected for a four-year term for District 3. On March 1, 2023, Member Williams passed away resulting in a vacancy on the Central San Board of Directors. The vacancy triggers a timing requirement for either Central San Board of Directors to appoint a new Director or call for a special election. As per statute (Attachment 1), whether the Board chooses the appointment or the election process, the person appointed or elected shall only serve through December 2024. Division 3 will be part of the November 2024 general election, with the individual elected serving a shortened, two-year term. March 9, 2023 Special Board Meeting Agenda Packet- Page 3 of 10 (Amended) Page 2 of 8 Appointment Option If the Board chooses to fill the vacancy by appointment, the vacancy must be filled within 60 days after notification of the vacancy. The person elected would fill the seat until the next general election (November 2024)through December 2024. The notice date is March 1, 2023. If the Board decides to fill the vacancy through an appointment, the appointment must be made prior to April 30, 2023. If the Board chooses to fill the vacancy by appointment staff recommends the following process and timeline: • On March 10, 2023, post a notice of the vacancy for 15 days in at least three conspicuous places in the District (required by statute). Issue an official public notice, post on the District website, post at the District Headquarters and perform additional public outreach of the announcement that identifies the vacancy and the requirements to fill the term of the vacancy. A draft announcement with the minimum requirements (by statute)for an applicant to be considered for an appointment is attached as Attachment 2. • Require interested parties to submit summaries of their qualifications to District Headquarters at 5019 Imhoff Place, Martinez, California by 5:00 p.m. on • At one or more Board meetings, dates to-be-determined, the Board can review applications and/or interview applicants for the open position and choose an applicant based on the review and/or interview process. Election Option I n lieu of making an appointment, the Board may call a special election to fill the vacancy. The person elected would fill the seat until the next general election (November 2024)through December 2024. • The election must be called within 60 days of notification or the effective date of the vacancy, whichever is later. The effective date, March 1, 2023, and therefore the election should be called by April 30, 2023. • After the election is called, the election is required to be held on the next established election date that is 130 or more days after the date the Board of Directors calls for the election. The next established election date that is 130 or more days after the April 30, 2023, is November 7, 2023. ALTERNATIVES/CONSIDERATIONS Should the Board not appoint a new Board Member or hold a special election within 60 days, the Contra Costa County Board of Supervisors may appoint a person to fill the vacancy within 90 days of the date the Board of Directors is notified of the vacancy, or the Board of Supervisors may order the District to call an election to fill the vacancy. FINANCIAL IMPACTS Should the Board decide to appoint a person to fill the vacancy there could be a minimal fiscal impact by way of staff costs if it is decided that multiple candidates are to be interviewed. Should the Board decide to hold an odd year (special) election, the County Registrar of Voters estimates that the cost will be $8 to $12 per registered voter. Based on this rate, with 53,212 registered voters in District 3, the estimated cost for the election would be between $425,696 to $638,544. This would require a budget amendment. March 9, 2023 Special Board Meeting Agenda Packet- Page 4 of 10 (Amended) Page 3 of 8 COMMITTEE RECOMMENDATION This item was not reviewed by a Board Committee. RECOMMENDED BOARD ACTION To fill the District 3 vacancy created by the passing of former Board Member David R. Williams, that the Board of Directors decide whether to: 1) Call a special election for the vacant seat; or 2)Appoint a new Board Member; and if so decided, to direct staff to commence an appointment process as may be determined by the Board. ATTACHMENTS: 1. Government Code 1780 regarding a Vacancy on the Board 2. Draft Vacancy Annoucement March 9, 2023 Special Board Meeting Agenda Packet- Page 5 of 10 (Amended) Page 4 of 8 ATTACHMENT 1 GOVERNMENT CODE - GOV TITLE 1. GENERAL [100 - 7931.000] (Title 1 enacted by Stats. 1943, Ch. 134.) DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599] (Division 4 enacted by Stats. 1943, Ch. 134. ) CHAPTER 4. Resignations and Vacancies [1750 - 1782] (Chapter 4 enacted by Stats. 1943, Ch. 134. ) ARTICLE 2. Vacancies [1770 - 1782] (Article 2 added by Stats. 1943, Ch. 134.) 1780. (a) Notwithstanding any other provision of law, a vacancy in any elective office on the governing board of a special district, other than those specified in Section 1781, shall be filled pursuant to this section. (b) The district shall notify the county elections official of the vacancy no later than 15 days after either the date on which the district board is notified of the vacancy or the effective date of the vacancy, whichever is later. (c) The remaining members of the district board may fill the vacancy either by appointment pursuant to subdivision (d) or by calling an election pursuant to subdivision (e). (d) (1) The remaining members of the district board shall make the appointment pursuant to this subdivision within 60 days after either the date on which the district board is notified of the vacancy or the effective date of the vacancy, whichever is later. The district shall post a notice of the vacancy in three or more conspicuous places in the district at least 15 days before the district board makes the appointment. The district shall notify the county elections official of the appointment no later than 15 days after the appointment. (2) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general district election, the person appointed to fill the vacancy shall hold office until the next general district election that is scheduled 130 or more days after the date the district board is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. (3) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general district election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall fill the balance of the unexpired term of office. March 9, 2023 Special Board Meeting Agenda Packet- Page 6 of 10 (Amended) Page 5 of 8 ATTACHMENT 1 (e) (1) In lieu of making an appointment the remaining members of the board may within 60 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, call an election to fill the vacancy. (2) The election called pursuant to this subdivision shall be held on the next established election date provided in Chapter 1 (commencing with Section 1000) of Division 1 of the Elections Code that is 130 or more days after the date the district board calls the election. (f) (1) If the vacancy is not filled by the district board by appointment, or if the district board has not called for an election within 60 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, then the city council of the city in which the district is wholly located, or if the district is not wholly located within a city, the board of supervisors of the county representing the larger portion of the district area in which the election to fill the vacancy will be held, may appoint a person to fill the vacancy within 90 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, or the city council or board of supervisors may order the district to call an election to fill the vacancy. (2) The election called pursuant to this subdivision shall be held on the next established election date provided in Chapter 1 (commencing with Section 1000) of Division 1 of the Elections Code that is 130 or more days after the date the city council or board of supervisors calls the election. (g) (1) If within 90 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, the remaining members of the district board or the appropriate board of supervisors or city council have not filled the vacancy and no election has been called for, then the district board shall call an election to fill the vacancy. (2) The election called pursuant to this subdivision shall be held on the next established election date provided in Chapter 1 (commencing with Section 1000) of Division 1 of the Elections Code that is 130 or more days after the date the district board calls the election. (h) (1) Notwithstanding any other provision of this section, if the number of remaining members of the district board falls below a quorum, then at the request of the district secretary or a remaining member of the district board, the appropriate board of supervisors or the city council shall promptly appoint a person to fill the vacancy, or may call an election to fill the vacancy. (2) The board of supervisors or the city council shall only fill enough vacancies by appointment or by election to provide the district board with a quorum. (3) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general district election, the person appointed to fill the vacancy shall hold the office until the next general district election that is scheduled 130 or more days after the date the district board is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has March 9, 2023 Special Board Meeting Agenda Packet- Page 7 of 10 (Amended) Page 6 of 8 ATTACHMENT 1 been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. (4) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general district election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall fill the balance of the unexpired term of office. (5) The election called pursuant to this subdivision shall be held on the next established election date provided in Chapter 1 (commencing with Section 1000) of Division 1 of the Elections Code that is held 130 or more days after the date the city council or board of supervisors calls the election. (Amended by Stats. 2007, Ch. 343,Sec. 4. Effective January 1,2008.) March 9, 2023 Special Board Meeting Agenda Packet- Page 8 of 10 (Amended) Page 7 of 8 ATTACHMENT 2 NOTICE OF VACANCY ON CENTRAL CONTRA COSTA SANITARY DISTRICT BOARD FOR DISTRICT 3 In accordance with California Government Code Section 1780, it is hereby announced that a vacancy currently exists on the Central Contra Costa Sanitary District Board following the passing of Board Member David R. Williams. The Board of Directors is seeking interested persons in Central San's District 3 to submit applications for appointment to fill the position of Board Member for a term of office ending after the District's next regular general election in November, 2024. Applications will be accepted until XXXXX by the Secretary of the District, Central Contra Costa Sanitary District, 5019 Imhoff Place, Martinez, CA 94553 or by email (kyoung(@centralsan.org) To be considered for the position Candidates must be: 1. 18 years old by day of appointment; 2. A citizen of the United States; 3. A registered voter; 4. Eligible to take the oath of office. 5. Applicants must be resident of the Election Division 3 of the District (map attached). Application forms are available on our District website at www.centralsan.org or by emailing the Secretary of the District (kyoung(a centralsan.org). The appointed individual must, upon appointment, complete and file an Economic Interest Statement as required by law. The Board of Directors is the governing body of Central San and derives its authority from that portion of the Health and Safety Code known as the Sanitary District Act of 1923 (Sections 6400-6830). Central Contra Costa Sanitary District (Central San) was formed in 1946 under this Act and has provided wastewater services within its service boundaries since that time. More information is available on our services on our District website at www.centralsan.org March 9, 2023 Special Board Meeting Agenda Packet- Page 9 of 10 (Amended) Page 8 of 8 Director Division Boundary Map Map Date: 12/21/2022 Aiiii artinez Division Election Year 1 2024 d Concord 2 2026 1 3 2026 4 2024 Pleasant Hill 5 2024 Walnut Creek Lafayette 3 rinda 2 m Moraga 4 Danville 0 Director Term 5 Hockett 2020-2024 San Ramon Lauritzen 2020-2024 McGill 2022-2026 E Pilecki 2020-2024 c Williams 2022-2026 0 a Miles March 9, 2023 Special Board Meeting Agenda Packet- Page 10 of 10 (Amended)