ITEM:		ACTION ITEM
19.	SPECIFY METHOD FOR SELECTION OF DIRECTOR TO FILL VACANCY IN VOTER DIVISION 5 AND CONSIDER EXTENSION OF DEADLINE FOR STATEMENTS OF INTEREST AND QUALIFICATIONS
Meeting Date:			October 15, 2018	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item:
Prepared By:			David J. Stoldt	Cost Estimate:	N/A
General Counsel Review: N/A
Committee Recommendation: N/A
CEQA Compliance: This action does not constitute a project as defined by the California Environmental Quality Act Guidelines Section 15378.

SUMMARY: Director Brower has announced his retirement as Director for Division 5, effective October 16, 2018. The Board must develop a plan for selection of a new Division 5 representative.  Government Code Section 1780 provides the Board with two options within 60 days of the effective date of the resignation: appoint a new director, or set a date for a local election.  If a decision is not made in that timeframe, the Board’s power to appoint or to set an election is transferred to the County Board of Supervisors, which for thirty days then has the authority to appoint a person to fill the vacancy or order the District to set a date for an election.  Should the County Board of Supervisors fail to act within that period, the District Board is then required to set an election to fill the vacant seat.

Appointment by MPWMD Board:  The appointment must be made by December 15, 2018.  The person appointed to fill the vacancy shall hold office until November 2020, the next scheduled general district election.  

Election Date Set by MPWMD Board:  In lieu of appointment, the Board has until December 15, 2018, to call an election to fill the vacancy on the next established election date provided for in Elections Code section 1000 that is 130 or more days after the decision is made to call an election.   The Board may have the option to conduct a special election, which would require consultation with the County Registrar of Voters.  The person who is elected shall hold office through the end of the unexpired term of office for Division 2, which is November 2020.  Special elections are costly, hence it is not recommended this path be taken.

The current plan, which has been distributed publicly, is to accept statements of qualifications through the end of October, then the Chair and Vice Chair will recommend a process to review the candidates, which may or may not include interviews, depending on the number and the quality of the candidates.  It is expected that the Board will take action at its November 19^th meeting.

The General Manager has been approached by candidates for public office, both incumbents and challengers, who have indicated that they have an interest in the District seat, should they fail to get elected November 6^th. For that reason, the General Manager recommends extending the period to receive statements of interest.

RECOMMENDATION: The General Manager recommends the Board, at its November 2018 meeting, appoint a successor candidate if a viable candidate emerges, rather than incur the cost of an election, and to hold open the period for acceptance of potential candidates’ statements of interest and qualifications to November 7, 2018.

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