HomeMy WebLinkAbout8 Fill Board Position Agenda Item-_ # 9
TRUCKEE DONNER
Jr Pubkc Utility District
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ACTION
To: Board of Directors
From: Michael D. Holley
Date: April 18, 2012
Subject: Consideration of a Process to Fill a Position on the Board
1. WHY THIS MATTER IS BEFORE THE BOARD
Only the Board of Directors can determine the process to fill a vacancy on the Board.
2. HISTORY
Director Laura Clauson Ferree has expressed her intent to resign from her position on
the District Board with an effective date to be determined.
3. NEW INFORMATION
California Government Code Section 1780 lays out the process to fill a vacancy on a
special district board. A timeline is included at Attachment 1.
The District is required to notify both the Nevada and Placer County Election Offices
of the vacancy on the Truckee Donner PUD Board with a Statement of Facts no later
than 15 days following the date on which the District was notified of the vacancy or the
effective date of the vacancy, whichever is later.
The remaining District Board members have 60 days immediately following the
effective date of the vacancy to either fill the vacancy by appointment or by calling a
special election.
If the Board decides to appoint someone to fill the vacancy, the Board first must post a
Notice of Vacancy in three or more conspicuous places in the District at least 15 days
before the appointment is made. The person appointed shall hold office until the next
general District election that is scheduled.
In lieu of making an appointment, the remaining members of the Board may within 60
days of the effective date of the vacancy call a special election to fill the vacancy. The
election shall be held on the next established election date that is 130 days or more
days after the date the District Board calls the election.
The District Board must act to fill the position within 60 days of the effective date of
the vacancy by either making an appointment or calling a special election. Otherwise,
Nevada County Board of Supervisors, within the next 30 days, may fill the vacancy by
appointment or may order the District to call an election to fill the vacancy.
4. FISCAL IMPACT
Appointment will require an advertisement in the local paper for a cost of$200.
5. RECOMMENDATION
Decide on the method of filling the vacant Board position and direct staff to begin the
process of replacement once a formal resignation is received.
Michael D. Holley
General Manager
Attachment 1
BOARD VACANCY TIMELINE
• Day 1: District Board is notified of vacancy or effective date of vacancy,
whichever is later
• Day 15: Final day the District must notify county elections official of vacancy
• Day 60: Board must, by day 60, fill the vacancy either by appointment or call
an election
• Day 61 to 90: If the Board fails to act, the Nevada County Board of
Supervisors may appoint a person to fill the vacancy within 90 days of the
effective date of the vacancy or may order the District to call an election to fill
the vacancy.
• Day 1 to 45: District must post a notice of vacancy in three or more
conspicuous places in the district at least 15 days before the District Board
makes the appointment
• Day 15 to 75: District must notify the county elections official of the
appointment no later than 15 days after the appointment
• Day 60 to 190: 130 days or more after the date the District Board calls an
election when an election can be held. Election can be held on next
established election date (November 6, 2012)