TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Ryan FitzGerald, Deputy County Counsel
SUBJECT: Appointments to Open Seats on Governing Boards of Special Districts
RECOMMENDATION
title
Appointment of qualified candidates to those special district boards in the County where the number of candidates does not exceed the number of offices to be filled in lieu of conducting elections (No Fiscal Impact)
body
BACKGROUND
Pursuant to their principal acts, the Circle Oaks County Water District (COCWD), Spanish Flat Water District (SFWD), Congress Valley Water District (CVWD), and Los Carneros Water District (LCWD) (collectively, “the Districts”) are governed by the Uniform District Election Law (UDEL) set forth in Election Code 10500 et seq., which requires them to hold a governing board election on the first Tuesday after the first Monday in November of odd-numbered years. On July 14, 2020, pursuant Elections Code section 10404, District resolutions, and Board approval, the District elections were consolidated with the even-numbered General Election for future election cycles. The Registrar of Voters conducts the elections for the Districts at their request and is reimbursed by the Districts for any costs incurred. Elections Code section 10515(a) provides that if an election is not held for any district because (1) the number of candidates who filed nomination papers did not exceed the number of seats to be filled and (2) voters have not petitioned the Registrar of Voters to request a general district election, the Registrar of Voters shall submit a certificate of these facts to the Board of Supervisors and request that the Board appoint to the office(s) the person or persons who have filed declarations of candidacy. This Certificate of Facts is attached.
Additionally, where there are fewer declarations of candidacy than there are governing board seats to be filled, Elections Code section 10515(b) requires the Board of Supervisors to make appointments of qualified individuals. The people appointed pursuant to this section shall qualify and take office and serve as if elected at a general district election for the office. As the supervising authority for the Districts, the Board of Supervisors has received the following requests for governing board appointment: Matthew E. Wilkinson to LCWD, Ron Tamarisk to COCWD, and Suzanne Truchard to CVWD. As of 3:00 PM on November 7, 2024, no qualified individual has contacted the Board of Supervisors to express interest in assuming the other open seat on COCWD; County Counsel recommends re-appointing the qualified incumbent, Melisa Guillen, to the governing board of COCWD. A correction memo will be issued in the event that a qualified individual makes their interest known to the Board of Supervisors.
While not governed by UDEL, Napa River Reclamation District's (NRRD’s) principal act also provides for appointments in lieu of election where there are not more candidates who filed nomination papers than there were seats to be filled. NRRD, rather than the Registrar of Voters, prepared a certificate of facts with the list of appointees.
Pursuant to Elections Code sections 10505, 10515(b), and 10554, the term of office of those individuals appointed by the Board under the above authority will begin at noon on the first Friday in December (December 6, 2024) and end at noon on the first Friday in December four years later (December 1, 2028), or until their successors qualify and take office, except for those three (3) SFWD directors identified in the Certificate of Facts whose terms will end at noon on the first Friday in December two years later (December 4, 2026), or until their successors qualify and take office.
Requested Actions:
1. Appoint to the governing board of LCWD those individuals named in the Certificate of Facts for the terms specified therein pursuant to California Elections Code section 10515(a); and
2. Appoint to the governing board of SFWD those individuals named in the Certificate of Facts for the terms specified therein pursuant to California Elections Code section 10515(a); and
3. Appoint to the governing board of COCWD the individual named in the Certificate of Facts for the term specified therein pursuant to California Elections Code section 10515(a); and
4. Appoint to the governing board of CVWD the individual named in the Certificate of Facts for the term specified therein pursuant to California Elections Code section 10515(a); and
5. Appoint to the governing board of NRRD those individuals named in the NRRD Certificate of Facts for the terms specified therein pursuant to California Water Code section 50742; and
6. Re-appoint Matthew E. Wilkinson to the governing board of LCWD pursuant to the Board’s authority under California Elections Code section 10515(b); and
7. Re-appoint Ron Tamarisk and Melisa Guillen to the governing board of COCWD pursuant to the Board’s authority under California Elections Code section 10515(b); and
8. Appoint Suzanne Truchard to the governing board of CVWD pursuant to the Board’s authority under California Elections Code section 10515(b).
FISCAL & STRATEGIC PLAN IMPACT
|
Is there a Fiscal Impact? |
No |
|
Is it Mandatory or Discretionary? |
Mandatory |
|
Consequences if not approved: |
The County will be in violation of California Elections Code section 10515 |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.