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Home My WebLink About12 Fill a Vacancy on Nevada County Local Agency Formation Commission A genda Item 12 TRUCKEE DONNER Public Utility District ACTION To: Board of Directors From: Michael D. Holley Date: March 07, 2012 Subject: Consideration of a Nomination to Fill a Vacancy on the Nevada County Local Agency Formation Commission 1. WHY THIS MATTER IS BEFORE THE BOARD This item involves nominating a candidate to serve as a District Member on the Nevada County Local Agency Formation Commission (LAFCO). Only the Board can make such a nomination. 2. HISTORY When a vacancy occurs in the position of special district representative on LAFCo it has been the practice to begin the process of selecting a replacement by asking the member agencies to nominate candidates. After the nomination process is completed, the special districts are then sent a ballot to vote for a person to fill the vacancy. Y Attachment 1 explains the responsibilities of a LAFCo Commissioner. 3. NEW INFORMATION Attachment 2 is a letter from Deborah Gilcrest, Clerk/Analyst of the Nevada County LAF Co informing us that Kurt Grundel's term ends April 2012. LAFCo is requesting q g nominations for the next four-year term of a regular (voting) special District Member, which will end May 2, 2016. ' The District may make a nomination; however, the District is not required to make an nomination. Any nomination must be made by resolution (See Attachment 3). } Current Commissioners are Robert Bergman, John Drew, Kurt Grundel, Paul Norsell Ted Owens, Lisa Swarthout and Hank Weston. Alternate Commissioners are Richard Anderson, Nate Beason, Ed Beckenbach and Josh Susman. Timeline: • Nomination resolution and resume of nominee(s) must be received by LAFCo by March 21, 2012 • LAFCo prepares the ballot and sends to each Independent Special District • TDPUD Board action on the ballot • Original ballot must be returned to LAFCo no later than the date stated on the ballot (35 days) • Votes are tallied by LAFCo staff in presence of a disinterested third party 4. FISCAL IMPACT There is no direct fiscal impact with this item. 5. RECOMMENDATION Decide whether or not to make a nomination of a TDPUD Board Member to the position of a regular District Member of the Nevada County Local Agency Formation Commission. Michael D. Holley General Manager Attachment 1 Responsibilities of a LAFCo Commissioner What is LAFCo? The Local Agency Formation Commission (LAFCo) is an independent public agency with authority over local government agency changes of organization—that is, annexations, detachments, and consolidations of cities or districts, formation and dissolution of Special Districts, and incorporation and disincorporation of cities. Additionally, LAFCo is responsible for adopting a Sphere of Influence for each agency in the county. The Sphere of Influence is a plan for an agency's probable future boundaries and should represent a logical growth plan for the agency. LAFCo's Composition The Commission is composed of two Special District Members (elected by the Indepen- dent Special Districts); two County Members (appointed by the Board of Supervisors); two City Members (appointed by the City Selection Committee); and a Public Member (appointed by the other LAFCo Commissioners). In addition, each category has an Alternate Member who votes in the absence of one of the members of that category. Alternate Members attend all meetings and participate in discussion. The Commissioner's Role LAFCo Commissioners approve or deny proposals for changes in organization based on the procedures and standards of the Cortese-Knox-Hertzberg Local Government Reor- ganization Act of 2000 (Government Code Sections 56000 et seq.). Additionally, LAFCo is subject to the California Environmental Quality Act, as are all public agencies. LAFCo Commissioners are required to file an annual Statement of Economic Interest, Form 700, as prescribed by the Fair Political Practices Commission, and to observe the LAFCo Conflict of Interest Code. Commissioners, including alternates, are also required to complete two hours of ethics training in compliance with AB 1234 within one year of their election (County, City, and District members) or appointment(Public members) and every two years thereafter. LAFCo Meetings The Commission usually meets at 9:30 a.m. on the third Thursday of each month in Nevada City; meetings are occasionally held elsewhere and at other times. Commissioners are expected to attend all meetings and participate in the deliberation process. LAFCo also has an appointed staff to coordinate meeting logistics and to research and make recommendations on.proposals before the Commission. Attachment 2 Nevada County LAFCo Local 950 Maidu Avenue Agency Nevada City, CA 95959-8617 Formation Phone 530 265 7180 Commission Toll Free 888 846 7180 Fax 530 265 9862 E mail lafco e,co.nevada.ca.us Webpage nclafco.com Robert Bergman February 16,2012 Cities John Drew Districts Kurt Grundel Districts TO: Boards of Directors of Independent Special Districts Paul Norsell Public FROM: Deborah Gilcrest, Clerk/Analyst Tea Owens RE: Nominations for District Member of LAFCo County Lisa Swarthout,Vice Chair In November 2008 Kurt Grundel, of the Penn Valley Fire Protection District Cities Board, was elected by the independent special districts to serve a second Hank Weston,Chair LAFCo term through April 2012. It is therefore time to request nominations County for the next four-year term of a regular(voting)District Member which wil 1 end May 2, 2016. Richard Anderson Commissioners are appointed for four-year terms pursuant to Government Cities Alternate Code Section 56334. Terms expire on the first Mon 'p day In May of the ending Nate Beason year or upon the appointment and qualification of a successor. An explanation County Alternate of the responsibilities of a LAFCo Commissioner is attached. Ed Beckenbach Following are the steps of the 'Districts Alternate g p nomination and election process: Josh Susman 1. This request for nominations is sent to each Independent Special Public Alternate District. (To provide districts the maximum time to act we also send the notice by fax and email to those districts that can be reached by those methods.) SR Jones 2, Each district Executive Officer may make one nomination; districts are not required to Y P.Scott Browne make any nomination, however. Nominations must be made b district Legal Counsel resolution; a sample resolution is enclosed for your guidance. Nominees Deborah Gilcrest must be Board members, not staff. Clerk to the Commission 3. Nominating districts may also forward brief resum' Y es for their Kate Duroux nominees, one paragraph or so in length, describing the qualifications the o " " Y Assistant Clerk have for this position. The resolution and resume must be received by LAFCo no later than Wednesday, March 21,2012. (Faxed copies followed by the originals will be accepted.) 4. Upon receipt of nominating resolutions and resumes LAFCo staff will prepare the ballot and send it to each Independent Special District. (Re"sumes ( for nominees will be copied and included in the ballot packet.) The ballot may , p ) Y not be photocopied—only the original ballot will be accepted b LAFCo. p Y Only the Chairperson of the Board of Directors or an appointed substitute may 2 complete and sign the ballot. 5. The ballot must be returned to LAFCo no later than the date stated on the ballot. (To make sure every district has an opportunity to consider its vote at a regularly scheduled meeting, 35 days is generally allowed for return of ballots.) 6. The votes will be tallied by LAFCo staff in the presence of at least one disinterested third PAY• Results of the election for the LAFCo Special District member will be sent to each Special District and each nominee. The attached resolution may be used if your Board so desires. The resolution of nomination must be returned no later than March 21,2012, to the following address: Nevada LAFCo 950 Maidu Avenue Nevada City, CA 95959 If there are any questions,please call the LAFCo office at the number listed on the previous page. cc: Hank Weston, Chair Commissioner Beckenbach Commissioner Bender Commissioner Grundel encl.: Responsibilities of a LAFCo Commissioner Sample Resolution of Nomination PLEASE NOTE: The difficulty experienced in previous efforts to obtain a quorum for an in- person meeting of the Special District Selection Committee to select a LAFCo member has resulted in reinstatement of the mail ballot procedure. Please note, however, that the choice of method is the prerogative of the Independent Special Districts of Nevada County, not LAFCo. Districts that would prefer to have the Selection Committee meet in person to submit nomina- tions and conduct an election may submit a written request to the LAFCo office. If a majority of the districts sign such a request, that method will be used for the next election of a district member or alternate. Attachment 3 TRUCKEE DONNER IIII PL 4F` esolution No. 2012 - XX MAKING NOMINATION TO THE POSITION OF SPECIAL DISTRICT MEMBER OF THE NEVADA COUNTY LOCAL AGENCY FORMATION COMMISSION WHEREAS, the Board of Directors of the Truckee Donner Public Utility District has received notice of the request for nominations for a Special District Member position on the Local Agency Formation Commission of Nevada County, pursuant to Section 56332 of the Government code; and WHEREAS, the Board of Directors of the Truckee Donner Public Utility District has considered and determined to nominate the individual named below to serve on Nevada County LAFCo as the Special District Member; NOW, THEREFORE, BE IT RESOLVED, the Board of Directors nominates for Special District Member with a term to expire in May 2, 2016. The forgoing resolution was duly passed at a regular meeting of the Truckee Donner Public Utility District held on March 7, 2012, by the following roll call. AYES: NOES: ABSTAIN: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT Tony Laliotis, President ATTEST: Michael D. Holley, District Clerk ................................................................................... I hereby accept nomination for the position of Special District Member of Nevada LAFCo for the term ending May 2, 2016. Name (Printed): Signature: