ITEM:		ACTION ITEM
13.	CONSIDER ADOPTION OF RESOLUTION 2013-28 -- AMENDMENT TO MPWMD BOARD MEETING RULE 2.5
Meeting Date:			October 21, 2013	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item:
Prepared By:			David J. Stoldt	Cost Estimate:	None
General Counsel Review: N/A
Committee Recommendation: N/A
CEQA Compliance: N/A

SUMMARY: At the April 2013 and September 2013 Board meetings, the issue of the method of rotation of Directors into the Chair and Vice Chair position was discussed. During the discussion, it was noted that under the existing rotation as described in District Rule 2.5 (Exhibit 13-A) there is the potential that the new Chair will be newly elected and lack Board experience due to Director voter divisions being rotated sequentially: divisions 3, 4, and 5 have elections at the same time, as do divisions 1 and 2. It was asked if any changes should be made to existing rules. The Board provided guidance that at least 12 months of Board experience was required to serve as Chair, but the same standard did not need to apply to Vice Chair. However, there was consensus to open the interim Chair election to any other Director.

At its September 2013 meeting, the Board also asked staff to recommend changes to the rotation of Directors into the Chair and Vice Chair position to address three additionally identified issues (i) divisions 1 and 2 are up for election at the same time, (ii) divisions 3, 4, and 5 are up for election at the same time, and (iii) the two appointed positions are sequential. It was suggested that the order of rotation be “shuffled” in a manner that avoids the three issues. At the direction of the Administrative Committee at its October 14, 2013 it was determined that more work was needed to accommodate this proposal and it would not be brought forward to the Board at this time.

RECOMMENDATION: The General Manager recommends that the Board adopt the changes to Rule 2.5 as shown in the redline version in Exhibit 13-B, and defer action on additional changes to the Board rotation.

BACKGROUND: In 1994, the District’s at-large election process converted to election from five (5) voter divisions. Subsequently, the Board established a written policy for rotation of directors into the position of Vice-Chair, with automatic rotation into the position of Chair the following year. In 1997, the Board deleted the rule for rotation of directors into the position of Vice-Chair. However, the requirement that the Vice-Chair move into the position of Chair was retained. The rule requiring rotation of the Vice-Chair into the position of Chair was removed by the Board in 1999. At the December 11, 2006 meeting, the Board elected officers for 2007. During the discussion, Directors Markey and Potter commented that the Board should discuss establishment of a rule that mandates annual rotation of directors into the position of Chair. At the time, MPWMD Board Meeting Rule 2 stated that rotation of the chair shall be encouraged. The Board’s consensus at that meeting was to refer the item to the Administrative Committee for further discussion and recommendation.

At its March 13, 2007 meeting, the Administrative Committee concluded that the Board should revive its written policies of the mid 1990’s, i.e. the Director serving as Vice-Chair automatically rotates into the Chair position, and that the Vice-Chair is selected in voter-division order. In addition, the Administrative Committee felt that the Directors representing the Monterey County Board of Supervisors and Mayors conference, respectively, should be included in the Chair and Vice-Chair rotation following voter divisions. Finally, the Administrative Committee’s proposed policy had the 2007 Vice-Chair rotation beginning with Division 2, because Director Edwards then currently served as Vice-Chair.

The Board adopted Resolution 2007-03 that contained Rule 2.5, Rotation of the Vice Chair into the Position of Chair, based on direction given at the March 13, 2007 Administrative Committee meeting.

During the April 2013 Board meeting it was suggested that staff examine the Monterey County Board of Supervisors (MCBS) policies regarding rotation of the chair. The County does not have an adopted policy regarding rotation of the Chair, rather follows an unwritten practice for Chair rotation. Supervisors have rotated into the position of Chair sequentially by District number since 1999. In January of each year, the Vice Chair rotates into the position of Chair.

EXHIBITS

13-A Rule 2.5 from Meeting Rules of the MPWMD (2010)

13-B Proposed Changes to Rule 2.5 of Meeting Rules (Redline)

U:\staff\Boardpacket\2013\20131021\ActionItem\13\item13.docx