BOARD OF SUPERVISORS

Consideration of applicants for appointment to fill vacancy on the Tres Pinos Water District Board of Directors, with appointment of the selected applicant to the Tres Pinos Water District Board, or direct staff to prepare a resolution calling for a Special Election of the Tres Pinos Water District Board of Directors to fill the existing vacancy and to place the item on the November 8, 2016 San Benito County Board of Supervisor Regular Meeting Agenda for consideration and possible action.

SBC FILE NUMBER: 575

The Tres Pinos Water District Board of Directors notified the County of San Benito County Clerk-Auditor-Recorder-Elections Department of the resignation of District Board Member Michael Sergeant effective August 4, 2016.

Pursuant to California Government Code Section 1780, Filling of Vacancy in Elective Office on Government Board of Special District, the Board of Supervisors is empowered to make an appointment to fill an exisiting vacancy on the Board of Directors within 90 days should the district board in question fail to do so within 60 days of being notified of the vacancy or the effective date of the vacancy, whichever is later.

This same section of the government code provides the option to the Board of Supervisors to order a special election to fill the vacancy.

The term of office for the current Water Board Vacancy end in December of 2018.  If appointed, the new Board Member would serve out the remaining term of office and would then have to file to run for re-election during the 2018 election cycle.

It should also be noted that the Board of Supervisors is NOT required to make an appointment to the Board of Directors.  The above-referenced code also provides the Board to call for a Special Election to fill said vacancy.

Government Code Section 1780 is set forth below:

1780.  (a) Notwithstanding any other provision of law, a vacancy in
any elective office on the governing board of a special district,
other than those specified in Section 1781, shall be filled pursuant
to this section.
   (b) The district shall notify the county elections official of the
vacancy no later than 15 days after either the date on which the
district board is notified of the vacancy or the effective date of
the vacancy, whichever is later.
   (c) The remaining members of the district board may fill the
vacancy either by appointment pursuant to subdivision (d) or by
calling an election pursuant to subdivision (e).
   (d) (1) The remaining members of the district board shall make the
appointment pursuant to this subdivision within 60 days after either
the date on which the district board is notified of the vacancy or
the effective date of the vacancy, whichever is later. The district
shall post a notice of the vacancy in three or more conspicuous
places in the district at least 15 days before the district board
makes the appointment. The district shall notify the county elections
official of the appointment no later than 15 days after the
appointment.
   (2) If the vacancy occurs in the first half of a term of office
and at least 130 days prior to the next general district election,
the person appointed to fill the vacancy shall hold office until the
next general district election that is scheduled 130 or more days
after the date the district board is notified of the vacancy, and
thereafter until the person who is elected at that election to fill
the vacancy has been qualified. The person elected to fill the
vacancy shall hold office for the unexpired balance of the term of
office.
   (3) If the vacancy occurs in the first half of a term of office,
but less than 130 days prior to the next general district election,
or if the vacancy occurs in the second half of a term of office, the
person appointed to fill the vacancy shall fill the balance of the
unexpired term of office.
   (e) (1) In lieu of making an appointment the remaining members of
the board may within 60 days of the date the district board is
notified of the vacancy or the effective date of the vacancy,
whichever is later, call an election to fill the vacancy.
   (2) The election called pursuant to this subdivision shall be held
on the next established election date provided in Chapter 1
(commencing with Section 1000) of Division 1 of the Elections Code
that is 130 or more days after the date the district board calls the
election.
   (f) (1) If the vacancy is not filled by the district board by
appointment, or if the district board has not called for an election
within 60 days of the date the district board is notified of the
vacancy or the effective date of the vacancy, whichever is later,
then the city council of the city in which the district is wholly
located, or if the district is not wholly located within a city, the
board of supervisors of the county representing the larger portion of
the district area in which the election to fill the vacancy will be
held, may appoint a person to fill the vacancy within 90 days of the
date the district board is notified of the vacancy or the effective
date of the vacancy, whichever is later, or the city council or board
of supervisors may order the district to call an election to fill
the vacancy.
   (2) The election called pursuant to this subdivision shall be held
on the next established election date provided in Chapter 1
(commencing with Section 1000) of Division 1 of the Elections Code
that is 130 or more days after the date the city council or board of
supervisors calls the election.
   (g) (1) If within 90 days of the date the district board is
notified of the vacancy or the effective date of the vacancy,
whichever is later, the remaining members of the district board or
the appropriate board of supervisors or city council have not filled
the vacancy and no election has been called for, then the district
board shall call an election to fill the vacancy.
   (2) The election called pursuant to this subdivision shall be held
on the next established election date provided in Chapter 1
(commencing with Section 1000) of Division 1 of the Elections Code
that is 130 or more days after the date the district board calls the
election.
   (h) (1) Notwithstanding any other provision of this section, if
the number of remaining members of the district board falls below a
quorum, then at the request of the district secretary or a remaining
member of the district board, the appropriate board of supervisors or
the city council shall promptly appoint a person to fill the
vacancy, or may call an election to fill the vacancy.
   (2) The board of supervisors or the city council shall only fill
enough vacancies by appointment or by election to provide the
district board with a quorum.
   (3) If the vacancy occurs in the first half of a term of office
and at least 130 days prior to the next general district election,
the person appointed to fill the vacancy shall hold the office until
the next general district election that is scheduled 130 or more days
after the date the district board is notified of the vacancy, and
thereafter until the person who is elected at that election to fill
the vacancy has been qualified. The person elected to fill the
vacancy shall hold office for the unexpired balance of the term of
office.
   (4) If the vacancy occurs in the first half of a term of office,
but less than 130 days prior to the next general district election,
or if the vacancy occurs in the second half of a term of office, the
person appointed to fill the vacancy shall fill the balance of the
unexpired term of office.
    (5) The election called pursuant to this subdivision shall be
held on the next established election date provided in Chapter 1
(commencing with Section 1000) of Division 1 of the Elections Code
that is held 130 or more days after the date the city council or
board of supervisors calls the election.