ITEM:

CONSENT CALENDAR

 

17.

CONSIDER ADOPTION OF RESOLUTION 2013-18 – DESIGNATE THE DISTRICT ELECTIONS OFFICIAL

 

Meeting Date:

September 16, 2013

Budgeted: 

N/A

 

 

 

From:

David J. Stoldt,

Program/

N/A

 

General Manager

Line Item No.:

 

 

 

 

 

Prepared By:

David J. Stoldt

Cost Estimate:

None

 

 

 

 

General Counsel  Review:  N/A

Committee Recommendation:  N/A

CEQA Compliance:  N/A

 

SUMMARY: On September 6, 2013 the community group Public Water Now filed with the District a notice of intention to circulate an initiative petition, a statement in support of the petition, and the petition language (attached as Exhibit 17-B.)  Pursuant to California Elections Code Section 9301, any proposed ordinance may be submitted to the governing board of the district by an initiative petition filed with the district elections official.

 

Elections Code Section 308 provides that “district elections official,” for the purposes of initiative and referendum under Article 1 (commencing with Section 9300) of Chapter 4 of Division 9, includes the county elections official or other officer or board charged with performing the duties required of the clerk of the district by that chapter.  Since the Monterey Peninsula Water Management District (Water Management District or District) does not currently have a designated elections official, this action will so designate the District Clerk to serve as the district elections official.

 

Further, Monterey County Counsel’s office has confirmed that the Water Management District may designate a district elections official pursuant to Election Code Section 308.

 

RECOMMENDATION:  The General Manager recommends that the Board of Directors designate the District Clerk to serve as the district elections official for all purposes, except as may otherwise be performed by the Monterey County Registrar of Voters, or required by the Elections Code.

 

The attached Exhibit 17-A shows the Resolution.

 

EXHIBITS

17-A    Resolution No. 2013-18

17-B    Items filed at District by Public Water Now on September 6, 2013

 

 

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