Loading...
HomeMy WebLinkAbout2000-04-05 Agenda Packet - Board (13) TDPUD Staff Report March 31, 2000 To: Board of Directors From: Peter L. Holzmeister Subject: Election of Nevada County LAFCo special district representative Agenda # 9 Attached is a memorandum from SR Jones regarding the process for casting a ballot for election of the special district representative to Nevada County LAFCo. The four nominees are: Robert Goar, Ophir Hill Fire Protection District Kevin McCall, Truckee Donner Recreation and Park District David Vertin, Nevada County Resource Conservation District Hank Weston, Penn valley Fire Protection District Also attached is a letter from Hank Weston asking for your support of his candidacy and a legal opinion regarding incompatibility of office if appointed to LAFCo. To cast a ballot you need to choose one of the nominees and authorize the Board President to sign the official ballot casting your vote for that nominee. Nevada County �� LAFCo P _ !. Local 950 Maidu Avenue Agency Nevada City, CA 95959-8617 Phone 530 265 7180 Formation Toll Free 888 846 7180 Commission Fax 530 265 7183 Don McCormack,Chair Cities Date: March 7, 2000 Sam Dardick County To: Boards of Directors of all Nevada County Special Districts Laura Duncan Public From: R Jones, Executive Officer Bill Huilender vada County LAFCo Cities Elimbeth Martin Subject: LAFCo Special District Member Election County --Ballot Packet Patricia Sutton Special Distncrs The term of office for one of the LAFCo Special District regular members will Ron Sweet Special Distracts expire May 1, 2000. Commissioners are appointed for four-year terms pursuant to Government Code Section 56334. Terms expire on the first Monday in May of the ending year. Bob Nix Special Districts Alternate Following are the steps of the nomination and election process: Judith Peterson Public Alternate 1. A notice requesting nominations is sent to each independent Special Sharon Tobiassai District of Nevada County. This was done January 26, 2000, Cities Alternare Peter van zam 2. Nominations are made by District resolution. The following persons were County Alternate nominated for the pending vacancy: SR Janes Robert H. Goar, Ophir Hill Fire Protection District Fxecunve officer Kevin McCall, Truckee-Donner Recreation and Park District P.Scou Broke David Vertin,Nevada County Resource Conservation District Legal Counsel Hank Weston, Penn Valley Fire Protection District Katherine E.Hudson Clerk to the Commission 3. Nominating Districts may also forward brief resumes for their nominees, one paragraph or so in length, noting their qualifications for this position. Copies of the resumes received this year are included in this ballot packet. 4. The ballot packets are sent by certified mail to each independent Special District. The ballot may not be photocopied—only the original ballot will be accepted by LAFCo. Only the Chairperson of the Board of Directors or an appointed substitute may complete and sign the ballot. Lack of this person's original signature on the ballot will invalidate that District's vote. 2 5. The ballot must be returned to LAFCo no later than the date stated on the ballot—May 1, 2000. 6. The votes will be tallied by LAFCo staff under supervision of the Nevada County Elec- tions Office. 7. Results of the election will be sent to each Special District and to each nominee. Ballots must be RECEIVED in the LAFCo office NO LATER THAN MAY 1, 2000: 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: Nominees encl.: Official Election Ballot Resumes of nominees Special District Member LAFCo Representation Election Ballot 2000 Vote for one (1) candidate Nevada County Consolidated Fire Protection District (Term to Expire in May 2004) Robert H. Goar, Ophir Hill Fire Protection District Nominated by: Ophir Hill Fire Protection District Kevin McCall, Truckee-Donner Recreation and Park District Nominated by: Truckee-Donner Recreation and Park District David Vertin, Nevada County Resource Conservation District Nominated by: Nevada County Resource Conservation District Hank Weston, Penn Valley Fire Protection District Nominated by: Penn Valley Fire Protection District Rough and Ready Fire Protection District Chair of the Board of Directors Signature Printed Name Must be received by LAFCo no later than May 1, 2000 ORIGINAL BOB GOAR 14676 Highland Dr., Grass Valley, CA. 95945 (530) 477-5050 r oar ips.net EDUCATION: San Jose City College-1 yr. Santa Barbara City College-1 yr. Northrop Institute of Technology-Graduate in Aviation Mechanic Air Frame and Powerplant License No. 2129493 BUSINESS EXPERIENCE: Restaurant Manager - 1957 to 1970 Air Frame and Powerplant Mechanic - 1970 to 1973 Northern CA. Training Manager for International Foods - 1973 to 1975 Plant Manager for Chemical Methods Associates of San Jose - 1975 to 1987 Retired, 1987 MILITARY SERVICE: Naval Reserve - 8 yrs. COMMUNITY SERVICE: Ophir Hill Fire Protection District-Board Member,March, 1995 to Present Chairman for 2 yrs.) Rattlesnake Neighborhood Association- President, 1989 to Present Nevada County Land Trust, Member Nevada County Fire Safe Council, Participant Foothill Theatre Co. (Encore) -Volunteer, 1996-1998 Frequent Blood Donor(22 Gallons) RESUME Kevin McCall Mr. McCall is a member of the American Planning Association and the American Society of Landscape Architects. He is registered in three states including California. Mr. McCall is familiar with the contents of the Cortese-Knox Reorganization Act and is also familiar with the California Environmental Quality Act (CEQA). Kevin has served as President of the Glenshire Homeowner's Association, which consists of approximately 1,400 properties, and enjoyed a great deal of success during his term. Kevin is also very familiar with annexations, lines of incorporation, spheres of influence, and service district boundaries, as they would apply in Nevada County. For the past four years Mr. McCall has been on the Board of Directors for the Truckee-Donner Recreation and Park District, a district whose area covers approximately 250 square miles. Three years remain on that board. Kevin would come to this position with an open-minded, logical, and flexible mindset regarding the often politically charged decisions at hand. Those who work with Kevin find him to be well prepared, reasonable, and forthcoming in his opinions and positions. March 2, 2000 Board of Directors Truckee Donner Public Utility District P.O. Box 309 Truckee, Ca 95734 Dear Board of Directors, Please accept this letter as an introduction to me, Hank Weston, as a candidate for the Special District Commissioner on LAFCo. I am actively soliciting your support and vote in the upcoming election. My knowledge and experience is extensive, but I will try to condense it to what I believe are the key indicators as to my ability to serve in this position. Even though my background history may not reflect extensive experience in the specific services your special district provides,I can assure you that I have the ability to learn quickly,to be impartial,to listen,to deal with issues in a timely manner, to be honest and most important, act with common sense. I currently serve on the Penn Valley Fire Protection District Board of Directors. I also served on a Fire District Board for four(4)years in Sacramento County which included 3 'h years as the President. My entire professional career has been in the Fire Service. I retired from California Department ofForestry in 1996 after 36 years of service and currently am the contract Fire Chief for the City of Grass Valley. In MY 36 years in California Department of Forestry, 18 years were at a management level. My last assignment was as the Unit Chief ofNevada,Yuba,Placer,Sierra and Sutter Counties. In that assignment, I also administered contracts and was the Fire Chief of a County Fire Department and severalFire Districts. All of these assignments gave me invaluable background in the workings of City's, County's, Special Districts,State and Federal functions as it relates to local agency organizations in consolidations,mergers, annexations, formations, detachments and incorporations. In addition, I have been involved with the development or updating of several Spheres of Influence plans and am well versed in their requirements. I feel that I have the knowledge and experience to be an active, professional and a dedicated member of the Nevada County LAFCo. It is also my desire to hopefully bring fresh and proactive ideas to the deliberation process. Thank you in advance for your consideration. Sinhlelton, y, AL D or Penn Valley Fire District RESUME OF HANK WESTON Candidate for Nevada County LAFCO • Currently serve on the Penn Valley Fire District Board of Directors. • Eleven (11) years involvement with Nevada County Government and Local Agencies. • Resident of Nevada County for three (3) years. • Appointed as Director on Nevada County Fire Safe Council, representing District IV. • Have been elected to two (2) different Fire District Boards for a total of five (5)years of special district service of which three and a half(3 '/2) years were as president. • Served as the Nevada County Fire Warden for seven (7) years. • Have been the OES Fire and Rescue Coordinator for Nevada County for eleven (11) years. • Elected Region IV OES Fire and Rescue Coordinator (12 counties) for four (4) years. • Retired from CDF after thirty six (36)years of service of which three (3) years were in a Fire Protection Planning and Local Government Coordinator position. • Educated in Fire Technology and Public Administration. • Life time teaching credential at the Community College level. • Member of Grass Valley Rotary and numerous fraternal organizations. • Currently, contract Fire Chief for the City of Grass Valley. March 27, 2000 Truckee Donner Public Utility Dist. P.O. Box 309 Truckee, Ca 96160 Dear Board of Directors, As some of you may have read or been advised Don McCormack, Chair of LAFCo, requested an opinion regarding a possible incompatibility of office if I was elected to LAFCo as a special district commissioner while working as Fire Chief for the City of Grass Valley. For some reason,my candidacy was the only one questioned and LAFCo's legal council concluded that applicable case law and Attorney General opinions do not directly address the Nevada County LAFCo situation, but he felt that it fell within the scope of the doctrine of incompatible offices in that there is a potential clash of duties. Penn Valley Fire District legal council Jim Curtis reviewed the incompatibility of office issues and arrived at a different opinion than LAFCo's legal council, which I have enclosed for your information. You will note the case that outlined incompatibility of office required a significant clash of duties or loyalties between the offices; whether consideration of public policy makes it improper for one person to hold both offices and whether either office exercises a supervisor,auditory, appointive or removal power over the other. Mr. Curtis believes that it would be almost impossible to make any significant distinction between the public policy conflicts that this doctrine is aimed at avoiding, between my position as a Director of Penn Valley Fire Protection District and LAFCo Special District Commission as contrasted with those of City Fire Chief and LAFCo Special District Commission. I am seeking this position strictly as a special district representative. In my public service career I have become very acquainted with conflict of interest issues. Should an issue ever arise that I could not fairly address,I would disqualify myself from participating on the subject and have the alternate special district member serve and vote on the issue. GC56330 deals with these circumstances and provides for alternate members for those times when absences or conflicts may arise. Considering Mr. Curtis opinion,I see no reason why I can't properly serve as a LAFCo Commissioner and question the motives of why my candidacy would have a conflict toward the functions of LAFCo. I am fully aware of the remote possibilities of my decision,but still believe I am an excellent candidate to represent special districts and hope you would support me. Si cerely, Ha Weston Penn Valley Fire District SHINE, COMPTON & NELDER,APC ATTORNEYS AT LAW Ravmond E.Shine The Old Post Office Charles A. Compton 131 S. Auburn Street MaraleeNelder * Suite200 Grass Valley,California 95945 James A. Curtis, Of Counsel "Ceinfied Specialist in Family Law (530)272-2686 Califomia State Hoard of Legal Specialization fax(530)272-5570 MEMORANDUM To: Hank Weston Director, VFPD From: Jim Cu Date: March 16 000 Re: Issue Regarding Incompatibility of Office if You Are Appointed to LAFCO As requested,I reviewed the opinion from Scott Browne to Dan McCormack,regarding the above referenced topic. While Mr.Browne is correct in stating that the courts in California recognize a common law doctrine of incompatibility of office,I question whether a court would,if asked to rule on this matter, find that the doctrine applies in this situation. In any event, even if the doctrine were to apply here,it would be your position as Fire Chief of the City that would be in jeopardy and not your position as a LAFCO Board member since the doctrine provides that the assumption of an incompatible office operates as a vacation of the former. The following passage from the California Attorney General's Conflict of Interest publication summarizes this doctrine as follows: "The doctrine of incompatibility of offices was announced in the landmark case ofPeople ex reL Chapman v. Rapsey;supra, 16 Cal.2d at pp.636,641-642(hereinafter"Rapsey"). In that case the court outlined issues which must be addressed in evaluating incompatibility of office problems: whether there is any significant clash of duties or loyalties between the offices;whether considerations of public policy make it improper for one person to hold both offices; and whether either officer exercises a supervisory, auditory, appointive, or removal power over the other." (Emphasis added.) You will note that a key part of the doctrine is that there must be a "significant clash of duties or loyalties between the offices". I point this out since Mr. Browne's opinion did not deal with this at any length and thus may leave the reader believing that any potential clash of duties or loyalties is sufficient to invoke the doctrine. In my opinion, Mr.Browne's analysis of the potential clash of duties or loyalties is too limited and does not adequately examine the nature of the duties that may be at issue here. I also note for you that the other basis for applying this doctrine, is where the two offices might exercise a supervisory, auditory, appointive or removal power over the other, which does not exist here. This is typically the basis for invoking the doctrine of incompatibility. Hank Weston March 24, 2000 Penn Valley Fire Protection District Page 2 In my view, the question here is whether public policy requires a conclusion that these offices are incompatible. The incompatibility doctrine is rooted in public policy concerns,so as to avoid the struggles of divided loyalties and interests. While I agree with Mr. Browne that you potentially could face such issues, it is important to point out that you would also face such challenges as a member of the governing board of PVFPD, when issues affecting the District are before LAFCO. In this regard your situation would be no different than any of the other LAFCO Board members that represent a city, the County or a special district, all of whom have the potential to face issues that are before LAFCO and that involve their respective jurisdictions. I do not see any significant distinction between the public policy conflicts that this doctrine is aimed at avoiding,between your positions as a Director of PVFPD and LAFCO Board member,and those of City Fire Chief and LAFCO Board member. The significance here is that this common law doctrine of incompatibility can(and has been)set aside by the State Legislature in a number of instances; the most apparent is regarding the composition of the LAFCO Board. As I said,other than the seat reserved for the public member,every other seat on LAFCO is occupied by an official from another public entity in the County. Every one of those positions can also be subject to the"clash of duties or divided loyalties"that Mr. Browne sees as the basis of the problem with your election to LAFCO. The answer here is that the State Legislature has expressly authorized the holding of both an office representing a city,county or special district,and as an officer(board member) of LAFCO. Given the legislative blessing for people holding what would otherwise be incompatible offices,I think there is a serious question as to why your position as Fire Chief of Grass Valley should be the basis for invoking this common law doctrine when the legislative scheme clearly dispenses with the doctrine for board members in any other capacity. (See Govt. Code Sections 56332-56337.) It is also important to note that the LAFCO statutes clearly allow the Independent Special District Selection Committee to,in making its appointment ofthe LAFCO special district board members,"provide that the member or alternate is disqualified from voting on proposals affecting the district of which the member is a representative." (See Govt.Code 56332(e).) In keeping with the statutory purpose here, if the Special District Selection Committee is concerned about a potential clash of duties or loyalties,you could agree to accept an appointment subject to the restriction that you not vote on proposals affecting the City or PVFPD. Finally,even if we were to assume Mr.Browne's position is correct,I believe that the likelihood of this matter ever getting to court is rather remote. While I have not exhaustively researched this matter in preparing this memo to you, I believe that the only way that your position could legally be challenged would be through an action filed in court that is referred to as"quo warranto". Such an action is typically the sole means of challenging the right of an individual to hold a public office. In order to file suit, a person must request permission from the State Attorney General's office and only upon being formally. granted permission,can a suit be filed. For the reasons discussed above,I would think it is unlikely that the Attorney General would see service on LAFCO while serving as a Fire Chief to be such a significant clash of duties and loyalties,distinguishable from what otherwise occurs for the bulk of the LAFCO Board members, so as to justify the time and expense of litigation on the issue. cc: Bob Nix Chairman PVFPD P:UACTVFPDIincompatible office Weston mem.wpd