EXHIBIT 13-B
DRAFT
RESOLUTION
NO. 2014-16
A Resolution of the Board of
Directors of the
Monterey Peninsula Water
Management District
Ordering an Election in Voter
Division 2,
Requesting
And Requesting Consolidation of
the Election
WHEREAS, on August 18, 2014, the Water Management District Board of Directors received the resignation of the representative for District 2, and on October 20, 2014 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 Elections Code Section 10002, the governing body of any district may by resolution request the Board of Supervisors of the county to permit the county elections official to render specified services to the district relating to the conduct of an election; and
WHEREAS, the resolution of the governing body of the district shall specify the services requested; and
WHEREAS, pursuant to Elections Code Section 10002, the 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 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 County Board of Supervisors, and a copy with the elections official, a resolution of its governing board requesting the consolidation and setting forth 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 10400, such election for cities and special districts may be either completely or partially consolidated; 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 November 3, 2015;
WHEREAS, the Board of Directors for the Monterey Peninsula Water Management District (Water Management District) desires to call an election in Water Management District voter division 2; and
WHEREAS, one seat is open with a term of four years; and
WHEREAS, pursuant to Elections Code Section 10515, should only one person file for candidacy in voter division 2, the county elections official shall cancel the election in the affected division, and the Board of Supervisors of the County of Monterey (Board of Supervisors) shall appoint that candidate to fill the vacancy. Should no person file for candidacy in voter division 2, the county elections official shall cancel the election in the affected division, and the Board of Supervisors shall appoint the candidate to fill the vacancy; and
WHEREAS, pursuant to Elections Code Section 13307 Division 13, and as directed by the Water Management District Board of Directors on October 20, 2014, 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
NOW, THEREFORE, BE IT RESOLVED AND ORDERED THAT the governing body of the Water Management District hereby orders an election be called and consolidated with any and all elections also called to be held on November 3, 2015 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 the Water Management District, and requests the Board of Supervisors to order such consolidation under Elections Code Section 10401 and 10403; and
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 conduct the election for the following offices on the March 3, 2015 ballot:
SEATS OPEN OFFICE TERM DIVISION
1 Director 4
years 2
BE IT FURTHER RESOLVED AND ORDERED that
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
BE IT
FURTHER RESOLVED AND ORDERED that should
only one person file for candidacy in voter division 2, the county elections
official shall cancel the election in the affected division, and the Board of
Supervisors of the County of Monterey shall appoint that candidate to fill the
vacancy. Should no person file for candidacy
in voter division 2, the county elections official shall cancel the election in
the affected division, 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 motion of Director _______, and second by Director ______, the foregoing resolution is duly adopted this 20th day of October, 2014 by the following votes:
AYES:
NAYS:
ABSENT:
I, David J. Stoldt, Secretary to the Board of Directors of the Monterey Peninsula Water Management District, hereby certify that the foregoing is a resolution duly adopted on the 20th day of October, 2014.
Witness my hand and seal of the Board of Directors this ____ day of ___________, 2014.
___________________________________
David
J. Stoldt, Secretary to the Board
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