Item Coversheet

REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS


BOARD MEETING DATE:  December  6, 2016
CATEGORY:  Consent - General Government-5.

SUBJECT:

Appointments to Castella Fire Protection District in lieu of an election.

DEPARTMENT: Clerk of the Board

Supervisorial District No. :  4

DEPARTMENT CONTACT:  Mary Hurton, Administrative Board Clerk, 225-5550

STAFF REPORT APPROVED BY:  Julie Hope, Principal Administrative Analyst

Vote Required?

Simple Majority Vote
General Fund Impact?

No General Fund Impact 
RECOMMENDATION

Reappoint Martin Hines and Kevin Koschnick to the Castella Fire Protection District Board of Directors for a four-year term to expire December 2020.

SUMMARY

Not applicable.
DISCUSSION

The Castella Fire Protection District (CFPD) Board of Directors is a five-member elected body subject to the Uniform District Election Law, beginning at Elections Code § 10500.  See Health and Safety Code § 13885.

 

Three positions on the CFPD Board of Directors were up for election on November 8, 2016 for four-year terms.  The three positions on the CFPD Board of Directors that were up for election are currently occupied by Martin Hines, Kevin Koschnick, and Maurice Cahill.  The current terms of office of Mr. Hines, Mr. Koschnick, and Mr. Cahill expire in December 2016.  Neither Mr. Hines nor Mr. Koschnick nor Mr. Cahill filed declarations of candidacy for the offices and no declarations were filed for any of the positions on the CFPD Board of Directors that were up for election.  As such, no election was held for the CFPD Board of Directors on November 8. 

 

Since no declarations of candidacy were filed for the CFPD offices to be elected, Elections Code § 10515(b) dictates the manner in which these offices are to be filled. 

 

Elections Code § 10515(b) states: If no person has filed a declaration of candidacy for any office, the supervising authority shall appoint any person to the office who is qualified on the date when the election would have been held.  The person appointed shall qualify and take office and serve exactly as if elected at a general district election for the office.

 

The term “supervising authority” is defined as the Board of Supervisors.  Elections Code § 10500(b)(13).

 

Pursuant to this statute and Health & Safety Code § 13841, to be eligible for the CFPD Board of Directors, a person must be a resident of the Castella Fire Protection District and be a registered voter of the Castella Fire Protection District on November 8, 2016. 

 

At their September 13, 2016 meeting, the CFPD Board of Directors unanimously recommended that the Board of Supervisors reappoint current Board Members Martin Hines and Kevin Koschnick in lieu of an election for four-year terms expiring December 2020.  The CFPD Board of Directors sent correspondence to the Clerk of the Board requesting these appointments.  A copy of this correspondence and the minutes from the September 13, 2016 CFPD meeting are attached. 

 

Mr. Cahill does not desire reappointment and no one has expressed interest in his position on the CFPD Board of Directors at this time.  The CFPD Board of Directors is actively seeking a candidate to fill the third vacancy.

ALTERNATIVES

Pursuant to Elections Code § 10515(b), the Board of Supervisors is required to make appointments to fill the offices on the CFPD Board of Directors that were up for election, but for which no declarations of candidacy were filed.  The Board may decline to appoint either Mr. Hines or Mr. Koschnick, appoint some other person or persons who meet the qualifications for appointment to the CFPD Board, or may request that other applicants be considered.  

OTHER AGENCY INVOLVEMENT

County Counsel reviewed the staff report.
FINANCING

There is no General Fund impact associated with the recommended action.
ATTACHMENTS:
DescriptionUpload DateDescription
CFPD Minutes from September 13, 201610/17/2016CFPD Minutes from September 13, 2016
Correspondence10/24/2016Correspondence