Reappoint Allen Albaugh and Michael Pasternak to the McArthur Fire Protection District Board of Directors for a four year term to expire December 2020. (Page 68)

The McArthur Fire Protection District (MFPD)  Board of Directors is a three-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 MFPD Board of Directors were up for election on November 8, 2016 for four-year terms. The two positions on the MFPD Board of Directors that were up for election are currently occupied by Allen Albaugh and Michael Pasternak.   The current terms office for Messrs.  Albaugh and Pasternak expire in December 2016.  Neither Mr.  Albaugh nor Pasternak filed a declaration of candidacy for the offices and no declarations were filed for any of the positions on the MFPD Board of Directors that were up for election.  As such, no election was held for the MFPD Board of Directors on November 8, 2016.     

Since no declarations of candidacy was filed for the vacancy MFPD 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 MFPD Board of Directors, a person must be a resident of the MFPD and be a registered voter in the MFPD  on November 8, 2016. 

At their October 13, 2016 meeting, the MFPD Board of Directors unanimously recommended that the Board of Supervisors appoint  Allen Albaugh and Michael Pasternak in lieu of an election for four-year term expiring December 2020.  The MFPD Board of Directors sent correspondence to the Clerk of the Board requesting this appointment.   A copy of this correspondence and the draft  minutes from the October 13, 2016 MFPD meeting are attached. 

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

The County Administrative Office has reviewed the recommendation. 

There is no General Fund impact associated with the recommended action.