The Burney Fire Protection District (BFPD) Board of Directors is a five-member elected body subject to the Uniform District Election Law, beginning at Elections Code § 10500. Also, see Health and Safety Code § 13885.
Two positions on the BFPD Board of Directors were up for election on November 8, 2016 for four-year terms. One position was up for election for a two-year term. Roger Valinoti filed for candidacy and was reappointed in lieu of election by the Board of Supervisors on September 13, 2016 for a four-year terms. The other four-year term that was up for election is currently occupied by Robert Moore, whose term expires December 2016. The two-year seat is currently vacant.
No declarations of candidacy were filed for the remaining two positions on the BFPD Board of Directors that were up for election. As such, no election was held for the BFPD Board of Directors on November 8. Mr. Moore has expressed interest in reappointment for a four-year term. Jack Hathaway has expressed interest in appointment for a two-year term.
Since no declarations of candidacy were filed for these two BFPD 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 BFPD Board of Directors, a person must be a resident of the Burney Fire Protection District and be a registered voter of the Burney Fire Protection District on November 8, 2016.
At their November 8, 2016 meeting, the BFPD Board of Directors unanimously recommended that the Board of Supervisors reappoint current Board Member Robert Moore and appoint Jack Hathaway in lieu of an election. The BFPD Board of Directors sent correspondence to the Clerk of the Board requesting these appointments. A copy of this correspondence and the minutes from the BFPD meeting are attached.