RESOLUTION NO. 2011-02
A Resolution of
the Board of Directors
of the Monterey
Peninsula Water Management District
Amending
MPWMD Resolution No. 2010-16,
Ordering
an election,
requesting
and
requesting consolidation of the election
WHEREAS, this Resolution amends Resolution
2010-16 calling for an election on May 3, 2011, which was adopted by the
Monterey Peninsula Water Management District (MPWMD or Water Management
District) Board of Directors on December 13, 2010; and
WHEREAS, on November 15, 2010, the
Water Management District Board of Directors received the resignation of the
representative for District 1 and voted to conduct a special election to fill
the vacancy; and
WHEREAS, pursuant to Government Code Section
1780, the Water Management District may call an election to fill a vacancy; and
WHEREAS, pursuant to Division 4 of the
Elections Code, a local, special or consolidated election may be conducted
wholly by mail provided that the governing body of the local agency authorizes
the use of mailed ballots for the election, the election is held on an
established mailed ballot election date, and the election is an election of the
Directors of the Water Management District as authorized in Section 122 of Chapter
527 of the Statutes of 1977; and
WHEREAS, pursuant to Division 4 of the Elections
Code, the Water Management District Board of Directors has authorized the
special election to fill the vacancy on the Board to be conducted by all-mailed
ballots; and
WHEREAS, pursuant to Election Code
1500, the Water Management District Board of Directors has authorized the
special election to fill the vacancy to be conducted on May 3, 2011; and
WHEREAS, pursuant to Elections Code
Section 10002, the Water Management District Board of Directors requests the
Board of Supervisors of the County of Monterey to permit the county elections
official to conduct a mailed-ballot election to be held on May 3, 2011; and
WHEREAS, pursuant to Elections Code
Section 10002, the Water Management District shall reimburse the County in full
for the services performed upon presentation of a bill to the District; and
WHEREAS, pursuant to elections Code
Section 10400, whenever two or more elections, including bond elections, of any
legislative or congressional district, public district, city, county or other
political subdivision are called to be held on the same day, in the same
territory, or in territory that is in part the same, they may be consolidated
upon the order of the governing body or bodies or officer or officers calling
the elections; and
WHEREAS, pursuant to Elections Code
Section 10400, such election for cities and special districts may be either
completely or partially consolidated; and
WHEREAS, the Monterey Peninsula Water
Management District hereby orders the mail-ballot election be called and
consolidated with any and all elections also called to be held on May 3, 2011,
insofar as said elections are to be held in the same territory or in territory
that is in part the same as the
WHEREAS, pursuant to Elections Code Section 10403,
whenever an election called by a district, city or other political subdivision
for the submission of any question, proposition, or office to be filled is to
be consolidated with a statewide election, and the question, proposition, or
office to be filled is to appear upon the same ballot as that provided for that
statewide election, the district, city or other political subdivision shall, at
least 88 days prior to the date of the election, file with the Board of
Supervisors, and a copy with the elections official, a resolution of its
governing board requesting the consolidation, and setting for the exact form of
any question, proposition, or office to be voted upon at the election, as it is
to appear on the ballot. Upon such
request, the Board of Supervisors may order the consolidation; and
WHEREAS, pursuant to Elections Code
Section 10515, should only one person file for candidacy or no person file for
candidacy, the county elections official shall cancel the election, and the Board
of Supervisors of the County of Monterey shall appoint the candidate to fill
the vacancy; and
WHEREAS, pursuant to Elections Code
Division 13, and as directed by the Board of Directors on December 20, 2010, each
candidate’s Statement of Qualifications shall be limited to 400 words. Each candidate shall be responsible for
paying the cost of publishing his or her Statement of Qualifications in the
Voter’s Information Pamphlet at the time of the filing of the statement;
and
WHEREAS, pursuant to Elections Code
Section 10551, if a tie vote makes
it impossible to determine which of two or more candidates has been elected,
the county elections official shall notify the Water Management District Board
of Directors, who shall forthwith notify the candidates who have received the
tie votes to appear before it either personally or by representative at a time
and place designated. The Water
Management District Board of Directors shall, at that time and place, determine
the tie by lot and declare the results; and
WHEREAS, the resolution requesting the
consolidation shall be adopted and filed at the same time as the adoption of
the ordinance, resolution, or order calling the election; and
WHEREAS, various district, county,
state and other political subdivision elections may be or have been called to
be held on May 3, 2011.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED
THAT THE Monterey Peninsula Water Management District hereby orders a
mailed-ballot special election to fill one vacancy on the Board of Directors be
called on May 3, 2011; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED
THAT THE Monterey Peninsula Water Management District hereby orders the
mailed-ballot special election be consolidated with any and all elections also
called to be held on May 3, 2011, insofar as said elections are to be held in
the same territory or in territory that is in part the same as the territory of
Monterey Peninsula Water Management District.
The Monterey Peninsula Water Management District hereby requests the
Board of Supervisors of the
BE IT FURTHER RESOLVED AND ORDERED that
said governing body hereby requests the Board of Supervisors to permit the
Monterey County Elections Department to provide any and all services necessary
for conducting the election and agrees to pay for said services, and
BE IT FURTHER RESOLVED AND ORDERED that
the Monterey County elections Department shall conduct the election for the
following office on the May 3, 2011 ballot.
SEATS OPEN OFFICE TERM DIST/DIV
1
Director 4
years 1
BE IT FURTHER RESOLVED AND
ORDERED that should no
person file or only one person file for candidacy, the county elections
official shall cancel the election, and the Board of Supervisors of the County
of Monterey shall appoint the candidate to fill the vacancy; and
BE IT FURTHER RESOLVED AND ORDERED that if a tie vote makes it impossible to determine which of two or
more candidates has been elected, the Water Management District Board of
Directors shall, at that time and place, determine the tie by lot and declare
the results.
On a motion by Director ________________ and second by
Director __________________ the foregoing resolution is duly adopted this
27th_________day of January 2011 by the following votes.
Ayes:
Nays:
Absent:
I,
Witness my hand and seal of the
Board of Directors this ___day of January 2011.
___________________________________
Darby
Fuerst, Secretary to the Board
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