Loading...
HomeMy WebLinkAbout06. Adopt Resolution No. 2024-011 calling for November 5, 2024 election, requesting consolidation of the District election with the statewide election, setting forth District requirements for candidate statements, soliciting an option for addressing tiesItem 6. BOARD OF DI RECTORS POSIT ION PA PER M E E T ING D AT E:J UNE 6, 2024 S UB J E C T: A D O P T R E S O L UT I O N NO. 2024-011 C A L L I NG F O R NO V E MB E R 5, 2024 E L E C T I O N, R E Q UE S T I NG C O NS O L I D AT I O N O F T HE D I S T R I C T E L E C T I O N W I T H T HE S TAT E W I D E E L E C T I O N, S E T T I NG F O RT H D I S T R I C T R E Q UI R E ME NT S F O R C A ND I D AT E S TAT E ME NT S , S O L I C I T I NG A N O P T I O N F O R A D D R E S S I NG T I E V O T E S , A ND D I R E C T I NG T HE S E C R E TA RY O F T HE D I S T R I C T TO F I L E T HE R E S O L UT I O N W I T H T HE E L E C T I O NS D E PA RT ME NT A ND C O UNT Y B O A R D O F S UP E RV I S O R S S UB M I T T E D B Y: K AT I E YO UNG, S E C R E TA RY O F T HE D I S T R I C T I NI T I AT I NG D E PART M E NT: S E C R E TA RY O F T HE D I S T R I C T Roger S. Bailey General Manager L eah C astella District Counsel IS S UE A resolution calling f or the election, requesting consolidation of the election with the statewide election, and setting f orth requirements for C andidate Statements and other matters must be f iled with the Elections D epartment and the C ounty B oard of Supervisors several months prior to the November 5, 2024 election. B AC K G RO UND A D istrict election will be held on November 5 f or the election of f our B oard Members. T he terms of office for Board Members B arbara Hockett, F lorence Wedington, Mariah L auritzen and Tad P ilecki will end in D ecember 2024. T he District has fully transitioned from an at-large to an area-based election system that comes into ef f ect June 6, 2024 Regular Board Meeting Agenda Packet - Page 23 of 231 Page 1 of 7 this election season; therefore, the three seats up for election are f or Division 1, D ivision, 4 and Division 5. D ivision 3 is up f or a short-term (2 year) election. An interactive map of the D ivision boundaries is available on the Central S an website at centralsan.org/elections. Elections C ode S ection 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 a resolution requesting such consolidation and file it with the Elections D epartment and the C ounty Board of S upervisors. T he resolution also calls for the election to be held on November 5, 2024, and establishes requirements f or Candidate S tatements and several other matters. C andidate Statements T he B oard of D irectors must reaffirm or modif y the D istrict's regulations regarding the word limit, payment of costs, and payment of deposit f or Candidate S tatements. I n years past, the D istrict has limited the length of C andidate Statements to 250 words. T he estimated cost f or each Candidate S tatement in 2024 is yet to be determined by the County. T his information should be made available by J uly 1. Candidate S tatements over 250 words would be double in price. Since 1996, C entral San has shared in the cost of publication of Candidate S tatements by requiring candidates to pay $500 toward the publication cost, with the District paying the balance. I n 2017, the B oard memorialized this practice in a Board P olicy, B P 028 - Cost Sharing of Candidate Statements, which states in part: The Board desires to facilitate and encourage participation of potential candidates in District elections and chooses to do this by contributing to the cost of the Candidate Statements. T he P olicy underwent its biennial review in April 2021 and received minimal change. T heref ore, all candidates running f or Central S an’s Board in 2022 will be required to pay $500 toward the publication cost of their statement. A copy of B P 028 is included as A ttachment 1. Nomination P eriod T he f our-week candidate nomination period begins at 8 a.m. on Monday, J uly 15, 2024 and ends at 5 p.m. on F riday, A ugust 9, 2024. I f an incumbent does not f ile, the nomination period is extended f ive calendar days, ending at 5 p.m. on Wednesday, August 15, 2024 for non-incumbents only. Action to be Taken in the Event of a T ie Vote I n the unlikely event of a tie vote, Elections C ode S ection 15651 authorizes the B oard to determine f rom the f ollowing two options what action would be taken: (a) T he winner shall be determined by lot at a time and place designated by this B oard; or (b) T he B oard will call a special runoff election on the sixth Tuesday following the election at which the tie vote occurred. I t is recommended that the B oard select option (a), as this would not incur any additional costs. A draf t resolution is attached for Board consideration. A certif ied copy of the f inal resolution will be provided to the E lections Of f ice and the C ounty B oard of Supervisors. ALT E RNAT I V E S /C O NS I D E RAT IO NS Statutory provisions (E lections Code Section 10402.5) ef f ectively require the D istrict to consolidate its election when it is held on a statewide election date. D istrict regulations f or the payment and size of June 6, 2024 Regular Board Meeting Agenda Packet - Page 24 of 231 Page 2 of 7 C andidate Statements may be modif ied or reaf f irmed, in accordance with E lections Code Section 13307. F I NANC IAL I M PAC T S T he estimated cost for the 2024 election submitted by the E lections Department is $2.50-$4 per registered voter. T he estimated number of registered voters in the D istricts 1, 3, 4 and 5 as of May 15, 2024 was 197,085, which amounts to an election cost of $492,712 - $788,340, if an election is conducted. T here will be additional charges f or processing and publication of the Notice of Election and C andidate Statements. T he cost of C andidate Statements for the 2024 election are undetermined at this time. I f the B oard adopts the same regulations as in prior years, the candidate pays the f irst $500. C O M M I T T E E RE C O M M E ND AT IO N T his matter was not reviewed by a Board Committee. RE C O M M E ND E D B O ARD AC T I O N Adopt a resolution calling f or the November 5, 2024 election, requesting consolidation of the election with the statewide election, setting f orth requirements for C andidate Statements (word count and cost sharing), selecting an option for addressing tie votes, and directing the Secretary of the D istrict to f ile the resolution with the E lections Department and C ounty B oard of Supervisors. Strategic Plan Tie-I n G O A L O N E: Customer and C ommunity Strategy 3 - Build neighborhood and industry relations G O A L FO U R : G overnance and Fiscal R esponsibility Strategy 1 - Promote and uphold ethical behavior, openness, and accessibility, Strategy 2 - Encourage and facilitate public participation AT TAC HM E NT S : D escription 1. B P 028 - C ost Sharing of C andidate Statements 2. Resolution June 6, 2024 Regular Board Meeting Agenda Packet - Page 25 of 231 Page 3 of 7 Number: BP 028 Authority: Board of Directors Effective: April 7, 2017 Revised: August 1, 2023 Reviewed: July 6, 2023 Initiating Dept./Div.: Secretary of the District BOARD POLICY COST SHARING OF CANDIDATE STATEMENTS PURPOSE To establish the level of District 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 potential 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 require each District Board candidate, who files a Candidate Statement, pay $500 toward the cost of that statement, with Central San contributing the remaining balance. [Original Retained by the Secretary of the District] Attachment 1 June 6, 2024 Regular Board Meeting Agenda Packet - Page 26 of 231 Page 4 of 7 RESOLUTION NO. 2024-011 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ORDERING THE ELECTION OF DISTRICT BOARD MEMBERS, 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 5th day of November 2024, 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 5th day of November 2024. The purpose of the election is to choose members of the Board of Directors for the following seats: Division 1 Board Member 2024-2026 Four-year term Division 4 Board Member 2024-2026 Four-year term Division 5 Board Member 2024-2026 Four-year term Division 3 Board Member 2022-2026 Two-year term Attachment 2 June 6, 2024 Regular Board Meeting Agenda Packet - Page 27 of 231 Page 5 of 7 Central Contra Costa Sanitary District Resolution No. 2024-011 Page 3 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. 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 6th day of June 2024 by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Mariah N. Lauritzen President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young, CPMC, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California June 6, 2024 Regular Board Meeting Agenda Packet - Page 28 of 231 Page 6 of 7 Central Contra Costa Sanitary District Resolution No. 2024-011 Page 3 Approved as to form: Leah Castella, Esq. Counsel for the District June 6, 2024 Regular Board Meeting Agenda Packet - Page 29 of 231 Page 7 of 7