TREASURER/TAX COLLECTOR - M. CASILLAS

1. Adopt a resolution re-authorizing the San Benito County Treasury Oversight Committee and superseding Board Resolution Nos. 96-21, 97-30, 2004-4, and 2016-71; and

2. Adopt a resolution confirming the County Treasurer's nominations to the San Benito County Treasury Oversight Committee.

SBC FILE NUMBER: 685.2

RESOLUTION NO: 2019-24

RESOLUTION NO: 2019-25

Background:

Effective January 1, 1996, the Legislature of the State of California adopted California Government Code Sections 27130 et seq. mandating creation of county treasury oversight committees.

On February 27, 1996, the San Benito County Board of Supervisors (the “Board”) adopted Resolution 96-21 which established the San Benito County Treasury Oversight Committee (“TOC”) composed of four members, each serving at the pleasure of the Board for a one (1) year term, and requiring compliance with the Brown Act (Gov. C. section 54950 et seq.). The membership, as established by the Board, consisted of (1) the [County] Clerk/Auditor/Recorder (Gov. C. §27132, subd. (b)), (2) a representative from the San Benito County Board of Supervisors (Gov. C. §27132, subd. (c)), (3) the County Superintendent, of his/her designee (Gov. C. §27132, subd. (d)), and (4) a representative selected by the majority of the presiding officers of the governing bodies of the school districts and community college districts in the County (Gov. C. §27132, subd. (e)).

On March 25, 1997, the Board adopted Resolution 97-30 which [re]established the San Benito County TOC composed of four members, each serving at the pleasure of the Board for a one (1) year term, and requiring compliance with the Brown Act (Gov. C. section 54950 et seq.). The membership, as established by the Board, consisted of (1) the [County] Clerk/Auditor/Recorder (Gov. C. §27132, subd. (b)), (2) a representative from the San Benito County Board of Supervisors (Gov. C. §27132, subd. (c)), (3) the County Superintendent, of his/her designee (Gov. C. §27132, subd. (d)), and (4) a representative selected by the majority of the presiding officers of the governing bodies of the school districts and community college districts in the County (Gov. C. §27132, subd. (e)).

On January 13, 2004, the Board adopted Resolution 2004-4, thereby confirming the Treasurer’s nomination for the representative from the San Benito County Board of Supervisors Gov. C. §27132, subd. (c) and appointing that supervisor as a member of the TOC.

Effective September 29, 2004, the Legislature amended California Government Code section 27131, subdivision (a) to make establishment of treasury oversight committees voluntary rather than mandatory, but subdivision (b) encouraged local agencies to continue the function in recognition of the state and local interests served;  and

San Benito County responded to this urging by continuing to operate its TOC and on August 23, 2016, the Board adopted Resolution 2016-71 re-establishing the TOC and confirming the Treasurer’s nominations to the TOC. Resolution No. 2016-71 amended and superseded Resolution No. 2004-4.

Summary of Request to Adopt Resolution Re-establishing the TOC

As the newly elected Treasurer/Tax Collector/Public Administrator, I am committed to upholding the duties of the TOC. Certain practical problems have arisen relating to TOC organization, selection of members, internal operations, and other statutory constraints.

By formally reestablishing the TOC as a voluntary San Benito County advisory committee conforming to California Government Code sections 27130 et seq. as currently amended, and setting forth the following:

• membership size (3 members)

• method for selection of members (certain categories of elected officials) and alternates

• each member’s term (concurrent with holding elected office without a break in service, except that the term for the representative of the Board is set for one-year)

• a process for adoption of bylaws

not only will the practical issues state above be resolved, but the duties and the constraints imposed by state law on the TOC will be delineated in a more transparent fashion.

Recommended Action: The County Treasurer requests adoption of a resolution reestablishing the TOC and superseding prior Resolution Nos. 96-21, 97-30, 2004-4, and 2016-71.

Summary of Request to Adopt Resolution Confirming the County Treasurer's Nominations to the TOC

In accordance with Government Code Section 27131, subd. (a), nominations to the San Benito County Treasury Oversight Committee are made by the Treasurer-Tax Collector and confirmed by the Board of Supervisors. The Treasurer-Tax Collector is hereby submitting her list of nominees, including alternates, to the Board for its confirmation and appointment of said members to the TOC.

Recommended Action: The County Treasurer requests adoption of a resolution confirming the following nominees to serve on the San Benito County Treasury Oversight Committee with the term of office to expire as noted below:

1. Adopt a resolution re-authorizing the San Benito County Treasury Oversight Committee and superseding Board Resolution Nos. 96-21, 97-30, 2004-4, and 2016-71; and

2. Adopt a resolution confirming the County Treasurer's nominations to the San Benito County Treasury Oversight Committee.