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HomeMy WebLinkAbout12 Board Position Agenda Item # 12 Public Utility District ACTION To: Board of Directors From: Michael D. Holley Date: February 17, 2010 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 Patricia S. Sutton passed away on January 30, 2010, leaving a vacancy on the District Board. 3. NEW INFORMATION The District was 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 not later than 15 days following the date on which the District was notified of vacancy. This notification has been done. The remaining District Board members have 60 days immediately following to the date the District was notified 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 date the District Board was noticed 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 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 date the District Board was notified of the vacancy by either making an appointment or calling a special election. Otherwise, the 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. Should the Board decide to move forward with appointing a replacement Board member, attachment 1 is a timeline for the appointment process. Attachment 2 is a draft Public Notice that could be placed in the Sierra Sun and three other locations within the District. 4. FISCAL IMPACT Fiscal impacts: • Appointment will require an advertisement in the local paper for a cost of $200.00 • A special election could cost up to $25,000 5. RECOMMENDATION 1) Decide on method of filling the open Board position 2a ) If appointment is selected, direct staff to: • Place a Public Notice of Vacancy in the Sierra Sun on February 19, 2010 and place vacancy notices in three places within the District • Schedule a Special Board meeting on March 9, 2010 10:00 AM to interview candidates and appoint a Director 2b ) If a Special Election is selected, direct staff to: • Call an election to fill the vacancy on the next established election date that is 130 or more days after the date the District Board calls the election • Direct staff to contact Nevada County Elections to begin the Special Election process Michael D. Holley General Manager Attachment 1 Board Vacancy Timeline • January 30, 2010 District Clerk Notified of Patricia Sutton passing away • February 5, 2010 Nevada County Elections, Placer County Elections, and Secretary of State notified of Board vacancy • February 17, 2010 Board Action to determine process to fill vacancy (this action) • February 19, 2010 Place a Public Notice of Vacancy in the Sierra Sun and post notice in three District locations (wait at least 15 days before appointment) • March 1, 2010 Deadline for candidate applications • March 4, 2010 Candidate briefing by District staff • March 6, 2010 Day 15- earliest time at which an appointment can be made • March 9, 2010 Hold Special Board meeting to interview candidates and appoint • March 31, 2010 60 day expiration of allowed time for District to act S Attachment 2 PUBLIC NOTICE VACANCY ON THE BOARD OF DIRECTORS OF TRUCKEE DONNER PUBLIC UTILITY DISTRICT Interested persons are hereby notified that pursuant to Government Code 1780, there is a vacancy on the Board of Directors of the Truckee Donner Public Utility District. The Board of Directors invites interested persons to apply for appointment to fill the vacancy for the remainder of the term, which expires on the first Friday of December of the year 2010. A qualified applicant must be a resident and qualified elector of the District. To apply for appointment, please submit a letter of interest and qualifications, and a resume to Barbara Cahill, Deputy District Clerk, P.O. Box 309, Truckee, California 96160. Documents must be received by the close of business on March 1, 2010. A candidate briefing will be held on March 4, 2010 from 5:00 to 6:00 PM to provide information on the selection process and relevant information about the District. The appointment to fill the vacancy will be considered by the Board of Directors of Truckee Donner Public Utility District following interviews that will occur at a special Board meeting on March 9, 2010 at 10:00 AM. RUCKEE DONNER