Item Coversheet

REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS


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

SUBJECT:

Appointments to Shasta Lake Fire Protection District in lieu of an election.

DEPARTMENT: Clerk of the Board

Supervisorial District No. :  4

DEPARTMENT CONTACT:  Camile Woodstrom, 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

Appoint Barbara Kern to the Shasta Lake Fire Protection District Board of Directors for a four-year term to expire December 2020.

SUMMARY

Not applicable.
DISCUSSION

The Shasta Lake Fire Protection District (SLFPD) 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 SLFPD Board of Directors were up for election on November 8, 2016 for four-year terms. The three positions on the SLFPD Board of Directors that were up for election are currently occupied by Ann Morningstar , Jim Wilson and one vacant position.  Both Ms.Morningstar and Mr. Wilson filed a declaration of candidacy and were appointed to the SLFPD by the Board of Supervisors in lieu of election on September 13, 2016.   No declaration of candidacy was filed for the third vacancy.   

 

Since no declarations of candidacy was filed for the vacancy SLFPD office 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 SLFPD Board of Directors, a person must be a resident of the Shasta Lake Fire Protection District and be a registered voter of the Shasta Lake Fire Protection District on November 8, 2016. 

 

At their November 21, 2016 meeting, the SLFPD Board of Directors unanimously recommended that the Board of Supervisors appoint  Barbara Kern in lieu of an election for four-year term expiring December 2020.  The SLFPD Board of Directors sent correspondence to the Clerk of the Board requesting this appointment.   A copy of this correspondenceand the draft  minutes from the November 21, 2016 SLFPD meeting are attached. 

 

ALTERNATIVES

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

OTHER AGENCY INVOLVEMENT

FINANCING

There is no General Fund impact associated with the recommended action.
ATTACHMENTS:
DescriptionUpload DateDescription
Barbara Kern Application11/30/2016Barbara Kern Application
SLFPD Draft Minutes 11-21-1611/30/2016SLFPD Draft Minutes 11-21-16
SLFPD 11-21-16 agenda11/30/2016SLFPD 11-21-16 agenda